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
Beyond keeping up a certain interest in architecture, on which in early
youth he is said to have composed a treatise, Blackstone seldom allowed
himself to be diverted from a persevering and varied study of law. He
divided his time between Westminster and Oxford, and long remained
undecided whether he should finally settle in the law-courts or among
his books. While, with hardly any practice of his own, he was training
himself with unusual diligence, as his reports of cases testify, in the
practical part of his profession, he had it clearly before him that
law is not to be mastered by any one who neglects its history. “In my
apprehension,” he said, when he was a student, “the learning out of
use is as necessary as that of every day’s practice;” and he carried
out this belief by making the _Commentaries_ as much a history as an
exposition. Even more plainly than in his great work we can see in his
edition of _Magna Charta and the Charter of the Forest_ how unflagging
were his zeal and patience, and how minute his investigations. His
knowledge of general history may have been superficial, as Hallam said
it was; he may have had old-fashioned notions about Alfred the Great,
even though he does warn his readers against the tendency to ascribe
all imaginable things to that king; yet the _Commentaries_ contain
what, on the whole, is still the best history written in English of
English law.
The plan of the book had long been in his mind; he was indirectly
led to carry it out through an attempt of the Duke of Newcastle to
corrupt him. Lord Mansfield (then Mr. Murray) recommended him to the
chair of civil law at Oxford, which was vacant in 1756, but he lost
the appointment, according to report, because he was not hearty enough
in promising the duke support “whenever anything in the political
hemisphere is agitated in the university.” Murray, hearing of his
disappointment, advised him to lecture on his own account upon English
law. He took the advice; the novelty of the lectures and their ability
made them successful; and when the Vinerian chair of common law was
founded in 1758 he was appointed the first professor. Making hardly
any change in form, arrangement, or mode of treatment, as appears from
his notes which are still extant written in the neatest of hands, he
expanded the lectures into the _Commentaries_. But while he never
deviated from his original plan, his store of knowledge grew steadily
throughout the fourteen years which elapsed between his first private
lectures and the appearance of his work. When the question of _ex
officio_ informations was debated in the House of Lords in 1812, Lord
Ellenborough spoke of him as follows:—“Blackstone, when he compiled
his lectures, was comparatively an ignorant man; he was merely a
fellow of All Souls’ College, moderately skilled in the law! His true
and solid knowledge was acquired afterwards. He grew learned as he
proceeded with his work. It might be said of him, at the time he was
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account