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
BESIDES these reporters, there are also other authors, to whom great
veneration and respect is paid by the students of the common law. Such
are Glanvil and Bracton, Britton and Fleta, Littleton and Fitzherbert,
with some others of antient date, whose treatises are cited as
authority; and are evidence that cases have formerly happened in which
such and such points were determined, which are now become settled and
first principles. One of the last of these methodical writers in point
of time, whose works are of any intrinsic authority in the courts of
justice, and do not entirely depend on the strength of their
quotations from older authors, is the same learned judge we have just
mentioned, sir Edward Coke; who hath written four volumes of
institutes, as he is pleased to call them, though they have little of
the institutional method to warrant such a title. The first volume is
a very extensive comment upon a little excellent treatise of tenures,
compiled by judge Littleton in the reign of Edward the fourth. This
comment is a rich mine of valuable common law learning, collected and
heaped together from the antient reports and year books, but greatly
defective in method[s]. The second volume is a comment upon many old
acts of parliament, without any systematical order; the third a more
methodical treatise of the pleas of the crown; and the fourth an
account of the several species of courts[t].
[Footnote s: It is usually cited either by the name of Co. Litt. or as
1 Inst.]
[Footnote t: These are cited as 2, 3, or 4 Inst. without any author's
name. An honorary distinction, which, we observed, was paid to the
works of no other writer; the generality of reports and other tracts
being quoted in the name of the compiler, as 2 Ventris, 4 Leonard, 1
Siderfin, and the like.]
AND thus much for the first ground and chief corner stone of the laws
of England, which is, general immemorial custom, or common law, from
time to time declared in the decisions of the courts of justice; which
decisions are preserved among our public records, explained in our
reports, and digested for general use in the authoritative writings of
the venerable sages of the law.
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