The Writings of Thomas Jefferson, Vol. 6 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 6 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
3. The same processes re-commencing of statutory changes, new divisions,
multiplied reports, and special treatises, a new accumulation had formed,
calling for new reduction, by the time of Matthew Bacon. His work,
therefore, although not pretending to the textual merit of Bracton's,
or Coke's, was very acceptable. His alphabetical arrangement, indeed,
although better than Coke's jumble, was far inferior to Bracton's. But it
was a sound digest of the materials existing on the several alphabetical
heads under which he arranged them. His work was not admitted as authority
in Westminster Hall; yet it was the manual of every judge and lawyer,
and, what better proves its worth, has been its daily growth in the
general estimation.
4. A succeeding interval of changes and additions of matter produced
Blackstone's Commentaries, the most lucid in arrangement which had yet
been written, correct in its matter, classical in style, and rightfully
taking its place by the side of the Justinian Institutes. But, like them
it was only an elementary book. It did not present all the subjects of
the law in all their details. It still left it necessary to recur to
the original works of which it was the summary. The great mass of law
books from which it was extracted, was still to be consulted on minute
investigations. It wanted, therefore, a species of merit which entered
deeply into the value of those of Bracton, Coke and Bacon. They had in
effect swept the shelves of all the materials preceding them. To give
Blackstone, therefore, a full measure of value, another work is still
wanting, to-wit: to incorporate with his principles a compend of the
particular cases subsequent to Bacon, of which they are the essence.
This might be done by printing under his text a digest like Bacon's
continued to Blackstone's time. It would enlarge his work, and increase
its value peculiarly to us, because just there we break off from the
parent stem of the English law, unconcerned in any of its subsequent
changes or decisions.
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