The Writings of Thomas Jefferson, Vol. 7 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
Philosophy
The Writings of Thomas Jefferson, Vol. 7 (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
DEAR SIR,--While you were in this neighborhood, you mentioned to me
your intention of studying the law, and asked my opinion as to the
sufficient course of reading. I gave it to you, _ore tenus_, and with
so little consideration that I do not remember what it was; but I have
since recollected that I once wrote a letter to Dr. Cooper,[13] on
good consideration of the subject. He was then law-lecturer, I believe,
at Carlisle. My stiffening wrist makes writing now a slow and painful
operation, but my granddaughter Ellen undertakes to copy the letter,
which I shall enclose herein.
I notice in that letter four distinct epochs at which the English laws
have been reviewed, and their whole body, as existing at each epoch,
well digested into a code. These digests were by Bracton, Coke, Matthew
Bacon and Blackstone. Bracton having written about the commencement of
the extant statutes, may be considered as having given a digest of the
laws then in being, written and unwritten, and forming, therefore, the
textual code of what is called the common law, just at the period too
when it begins to be altered by statutes to which we can appeal. But
so much of his matter is become obsolete by change of circumstances or
altered by statute, that the student may omit him for the present, and
1st. Begin with [14]Coke's four Institutes. These give a complete body
of the law as it stood in the reign of the first James, an epoch the
more interesting to us, as we separated at that point from English
legislation, and acknowledge no subsequent statutory alterations.
2. Then passing over (for occasional reading as hereafter proposed)
all the reports and treatises to the time of Matthew Bacon, read his
abridgment, compiled about one hundred years after Coke's, in which they
are all embodied. This gives numerous applications of the old principles
to new cases, and gives the general state of the English law at that
period.
Here, too, the student should take up the chancery branch of the law,
by reading the first and second abridgments of the cases in Equity. The
second is by the same Matthew Bacon, the first having been published
some time before. The alphabetical order adopted by Bacon, is certainly
not as satisfactory as the systematic. But the arrangement is under
very general and leading heads, and these, indeed, with very little
difficulty, might be systematically instead of alphabetically arranged
and read.
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