The present work appears to have remained in MS. until the Year 1554,
when, as Sir Edward Coke apprises us, it was, by the persuasion and
procurement of Sir William Stanford, a grave and learned Judge of the
common Pleas, first printed.[24] With many peculiar circumstances,
however, to create an Interest in its favor, the fate of the work
has been most singular. Indebted to its intrinsic merit alone for
the high compliment it has long enjoyed, in being looked up to as an
authority from which there was no appeal, curiosity has given way to
an opinion, that whilst it was venerable for its antiquity, it was
also useless, for it was obsolete. That many parts of it are obsolete,
it would be idle to deny; but that the work itself is by no means
so entirely obsolete as generally assumed, will be fully evident to
every impartial and candid Reader. But were it entirely obsolete, it
would not necessarily follow, that it would be useless, the terms not
being, at least in the science of Jurisprudence, either convertible
or synonymous, however fashionable, or, more properly speaking,
convenient it may be to esteem them such. _Multa ignoramus quæ nobis
non laterent, si Veterum lectio nobis esset familiaris._ The Law of
Modern Times is intimately connected with that of our Forefathers,
and the decisions of the present day are not unfrequently built upon
principles that are enveloped in the almost impervious mist of far
distant ages. But to these principles must the Student ascend, if he
would merit the name of a Lawyer; and, if the labor be severe, he must
reconcile it to himself by reflecting, that it was submitted to by a
Coke, a Hale, a Blackstone. Led by the soundness of their judgments,
to investigate the earlier ages of our Jurisprudence, those great men
considered nothing useless, though it possibly might happen to be
obsolete, which tended to enlighten their minds, and shew them the
fundamental principles of those Laws, which they afterwards no less
admirably illustrated, than ably administered. But the brightness of
the example instead of exciting emulation seems to have depressed it:
and Glanville, Bracton, and Fleta have been suffered to crumble on the
shelf, whilst Edition has rapidly followed Edition of those more modern
Authors, who have advocated their cause, by drawing so deeply from the
rich and inexhaustible mines, which their pages present to the English
Lawyer.
[Footnote 24: 4 Inst. 345.]
Public-domain text, read in full here on John Shaqi.
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