Eclectic Magazine of Foreign Literature, Science, and Art, May 1885Various
History
Eclectic Magazine of Foreign Literature, Science, and Art, May 1885
Various
American literature -- Periodicals; Literature -- Periodicals
Blackstone has now been dead more than a century, but neither lawyers
nor laymen have yet made up their minds whether he was an intellectual
giant, or only a second-rate man of letters, with a little learning
and a pretty style, who acquired popularity because he flattered the
English constitution. His friends have pitched high their eulogy.
Sir William Jones, speaking to the freeholders of Middlesex, who had
little reason to love Blackstone, called him the pride of England,
and in a grave legal treatise referred to the _Commentaries_ as the
most correct and beautiful outline that ever was exhibited of any
human science. Hargrave, fresh from annotating Coke upon Littleton,
described him as an almost second Hale, and that as it were in the very
presence of Hale, in a volume of tracts half filled with Hale’s legal
lore. “To me,” said Mr. Justice Coleridge, the nephew of the poet, and
one of Blackstone’s many editors, “the _Commentaries_ appear in the
light of a national property, which all should be anxious to improve
to the uttermost, and which no one of proper feeling will meddle with
inconsiderately.” And a distinguished German jurist, exaggerating
only a little, has said that Englishmen regard the _Commentaries_ as
“_ein juristisches Evangelium_.” The history of the work is in itself
remarkable. If we except the Institutes of Justinian, and the _De
Jure Belli ac Pacis_ of Grotius, perhaps no law book has been oftener
printed. Not to speak of the many adaptations, more or less close,
or of the many abridgments of the _Commentaries_ (one of these was
“intended for the use of young persons, and comprised in a series of
letters from a father to his daughter,”) they have, in their original
form, gone through more than twenty complete editions in England since
the publication of the first volume in 1765. Nor has the homage of
parody—in the shape of a “Comic Blackstone”—been wanting to place them
among the classics. In America they have attained at least an equal
fame. In the speech on Conciliation, delivered in 1775, Burke said
that he had heard from an eminent bookseller that nearly as many copies
had been sold there as here. Two years later, one of the five members
appointed to frame the laws of Virginia seriously proposed that, with
suitable modifications, the _Commentaries_ should be taken as their
text. There is reason to believe that they are now held in higher
esteem in America than among ourselves. The American editions, already
nearly as numerous as the English, still continue to multiply,[9] while
forty years have passed since we have had an English Blackstone with
an unmutilated text. His own countrymen are now content to know him
through the medium of condensed and often lifeless versions, though
it is not so far back since, for those who aspired to the amount of
legal knowledge which a gentleman should possess, Blackstone was the
very voice of the law. If on many sides Blackstone received the meed
Public-domain text, read in full here on John Shaqi.
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