Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
A PLAN of this nature, if executed with care and ability, cannot fail
of administring a most useful and rational entertainment to students
of all ranks and professions; and yet it must be confessed that the
study of the laws is not merely a matter of amusement: for as a very
judicious writer[t] has observed upon a similar occasion, the learner
"will be considerably disappointed if he looks for entertainment
without the expence of attention." An attention, however, not greater
than is usually bestowed in mastering the rudiments of other sciences,
or sometimes in pursuing a favorite recreation or exercise. And this
attention is not equally necessary to be exerted by every student upon
every occasion. Some branches of the law, as the formal process of
civil suits, and the subtile distinctions incident to landed property,
which are the most difficult to be thoroughly understood, are the
least worth the pains of understanding, except to such gentlemen as
intend to pursue the profession. To others I may venture to apply,
with a slight alteration, the words of sir John Fortescue[u], when
first his royal pupil determines to engage in this study. "It will not
be necessary for a gentleman, as such, to examine with a close
application the critical niceties of the law. It will fully be
sufficient, and he may well enough be denominated a lawyer, if under
the instruction of a master he traces up the principles and grounds of
the law, even to their original elements. Therefore in a very short
period, and with very little labour, he may be sufficiently informed
in the laws of his country, if he will but apply his mind in good
earnest to receive and apprehend them. For, though such knowlege as is
necessary for a judge is hardly to be acquired by the lucubrations of
twenty years, yet with a genius of tolerable perspicacity, that
knowlege which is fit for a person of birth or condition may be
learned in a single year, without neglecting his other improvements."
[Footnote t: Dr Taylor's preface to Elem. of civil law.]
[Footnote u: _Tibi, princeps, necesse non erit mysteria legis Angliae
longo disciplinatu rimare. Sufficiet tibi,--_et fatis _denominari
legista mereberis, si legum principia & causas, usque ad elementa,
discipuli more indagaveris.--Quare tu, princeps serenissime, parvo
tempore, parva industria, sufficienter eris in legibus regni Angliae
eruditus, dummodo ad ejus apprehensionem tu conferas animum
tuum.--Nosco namque ingenii tui perspicacitatem, quo audacter
pronuntio quod in legibus illis (licet earum peritia, qualis judicibus
necessaria est, vix viginti annorum lucubrationibus acquiratur) tu
doctrinam principi congruam in anno uno sufficienter nancisceris; nec
interim militarem disciplinam, ad quam tam ardenter anhelas, negliges;
sed ea, recreationis loco, etiam anno illo tu ad libitum perfrueris._
_c._ 8.]
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