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the most to be relied upon.' For some time a sort of middle course was not unhappily pursued. From the year 1786, when Messrs. Durnford and East first set on foot the plan of publishing reports in the King's Bench in numbers, as soon after each term as possible-which was followed in the next year by Messrs. Bosanquet and Puller, in the court of common pleas-down to the year 1818, when a rival set of reports in the last-mentioned court was started by Mr. Moore, there being only one set of reporters in each court, the judges were in the habit of supplying them with copies of their written judgments delivered in every case where the court took time to consider its judgment; and this was an advantage calculated to deter any competitor, who could not secure the extension of it to himself, from contesting the field with those already in possession of it; nor so long as the reports were regularly and accurately published would there have been any adequate motive to induce a new candidate for the favor of the profession to stand forward; but in the last-mentioned year (1818) the reports of Mr. Taunton, who then reported for the common pleas, being considerably in arrear, Moore's reports were put forward in order to ensure to the profession a more speedy communication of the decisions of that court; an

1 In the present day, for instance, in the court of queen's bench, besides what may be called the two sets of recognised reports, (their authors being furnished by the judges with copies of their written judgments) namely those of Adolphus and Ellis, and those of Perry and Davison, there are the new term reports, and the reports in the law journal, both of which are regular series of reports, supplied by barristers and frequently cited in the courtsadded to these, reports of the greater number of cases decided are also furnished by barristers to this publication and some others; besides those occasional cases on points of practice or pleading which are placed in Mr. Dowling's collection of cases on such subjects, which occur in all the courts: to say nothing of such other collections as apply only to some particular subject, and are published in periodicals devoted to such subject only—such as the magistrate's cases in the justice of the peace, railway cases, &c.

2 The 6th volume of Taunton, ending with easter term 1816, was not comple

example that was followed, on a somewhat similar occasion, in the king's bench in the year 1822, by a series of "new term reports," by Messrs. Dowling and Ryland. At what time, or under what circumstances the written judgments were first supplied to the new reporters we are not aware, but they have been for a considerable time supplied to the successors of both series, the old and the new; the prestige of the profession, however, at the bar at least, has undoubtedly always been in favor of the former set, though the latter have still, in the queen's bench, the advantage of an earlier publication.'

On a balance of the inconveniences on both sides, it would perhaps be a better plan to adopt, with some modification, lord Bacon's suggestion of having salaried reporters, and requiring the puisne judge in each court, to revise the judg

ted till 1818, in which year the 1st volume of Moo. containing from Hilary to Michaelmas term 1817, was published. The 7th Taunt. which came down only to trinity 1817, was not published till 1819.

1 In this court the last number of the continuation of the new series (3 Per. & Dav. pt. 2) brings down the cases to hilary term 1840, while the last number of the old series (10 Ad. & El. pt. 1) comes down to the commencement only of trinity term, 1839.

In the common pleas, Mr. Bingham, the representative of the old series managed to get and keep a-head of his competitor Mr. Scott; but since the former gentleman retired from his labors, Mr. Scott has commenced a series of" new reports" the 1st number of which contains the whole of last easter term (having left an arrear since michaelmas term 1839, which however he promises to pay off without delay) and he has thus got the start of serjeant Manning and Mr. Grainger, who continue Bingham; their first number, which has appeared since Mr. Scott's, containing part only of that term.

In the exchequer, after a short struggle between two sets of reporters, ending with Tyrrwhit and Grainger on the one hand, and Meeson and Welsby on the other, the field has been left in the possession of the latter. In this account we have not taken into calculation either the new term reports, or the law journal, which, however ably they may be conducted, do not yet, we believe, come within the professional notion of legitimate reports. The former however we may observe have received a public testimony of approbation in America from Mr. Justice Story.

ments before they issue from the press; in this case a stern resolution should be enforced by the judges of allowing no other reports to be cited. We shall probably take an early occasion to return to this subject.

ART. VII. BIOGRAPHICAL SKETCH OF SAMUEL SEWALL.

SAMUEL SEWALL was the son of Henry Sewall, who came from England and settled at Newbury. He afterwards returned to England and was the minister of bishop Stoke for several years. Samuel was born there and remained in England till he was about nine years old, and arrived in New England in 1661. He was graduated at Cambridge, in 1671. Upon leaving college, he studied divinity and became a fellow of Harvard college for some years, during which time, he was occasionally employed to preach. He was admitted as a freeman in 1678, and in 1684, was chosen one of the assistants. He continued to be reëlected from For some reason he was neither of Dudley's or Andros's council, nor does he seem to have taken any active part in the Revolution. But upon the old charter being resumed he was again elected to the board of assistants, and continued a member of that board until the arrival of the new charter, in which he was named as a counsellor.

year to year till 1686.

The reason of Mr. Sewall's taking so little part in the exciting scenes of the New England revolution is not now very apparent. His patriotism seems not to have been. doubted, and any objection that might once have existed to his acting in a military capacity had already been removed, as he had already become a member of the Ancient and Honorable Artillery Company, and held the office of ensign in that corps in the year 1683. He was moreover

promoted to the rank of major of the militia, and seems to have regarded it as a mark of honor worthy of being particularly remembered.

He was a member of the court of oyer and terminer, which was created by governor Phipps, for the trial of the witches; and at the establishment of the superior court was constituted one of its judges. He remained upon

the bench as an associate judge, till 1718, when he was appointed to the place of chief justice, which he held till 1728, when he resigned it on account of his age and growing infirmities.

From the arrival of the charter, till 1725, he was a member of the council; and from 1715, to the time of his leaving the bench of the superior court, he also held the office of judge of probate for Suffolk county.

Although he was eminently a public man, he is chiefly remembered from his connexion with the courts of which he was a member. He kept a daily journal of every incident with which he was connected, even the most trivial, which covers many years of his life and furnishes a faithful transcript of himself and his personal history.

From the perusal of this journal, it is apparent that he had a natural taste for legal science, which he had cultivated by a very respectable course of study. He saw how chaotic was the system of legal practice at the bar, and endeavored to introduce a corrective. In 1690, while he held the office of a commissioner of small causes, he wrote to Mr. Webb, the clerk of the court, and cautioned him not to issue writs unless they were returnable on certain days in the month, that he should not sue any book debts which were over three years old, and for the recovery of such accounts recommended case instead of debt. He also expressed the opinion that the dates of the charges ought to be "noted in the attachment" as much as the dates of obligations that were sued.

I know not that this was the origin of our form of actions upon the case to recover accounts charged upon book, but it shows a disposition on the part of Mr. Sewall to introduce something like order into the practice of the law.

So far as one may judge from the few records that are left, judge Sewall must have been altogether better read in the principles of the common law than any other judge. upon the bench.

His connexion with the trials at Salem in 1692 was not only most unfortunate for his memory as a judge, but a source of great sorrow to himself in after life. He acted with entire honesty of conviction while pursuing the horrid though fancied crime of witchcraft, but when convinced, as he soon became, that it was all a delusion, with equal honesty and ingenuousness he confessed his errors, and in the face of the congregation where he worshipped, asked forgiveness of God and his fellow men for the part he took in those trials.

He exemplified in his life the virtues which adorn the christian profession, and though learned, honored, and entrusted with power, he was distinguished for his simplicity of life, and his meekness and singleness of heart.

From his journal many curious anecdotes illustrative of the times in which he lived might be gathered, but they might seem to be misplaced in a notice like this. The following account of the opening of the new town house in Boston, which had been erected to supply the place of the one that was burned in 1711,' has been selected as containing some account of the forms of proceedings in court,

1 This was known as the "great fire" previous to 1760; "all the houses on both sides of Cornhill from School street, to what is called the stone shop in Dock square, all the upper part of King street on the south and north side, together with the town house and what is called the old meeting house above it, were consumed to ashes" 2 Hutch. Hist.

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