Page:Dictionary of National Biography volume 11.djvu/248

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Coke
242
Coke

careful use of terms which is essential to a good legal style. So vast have been the changes in English law since he wrote, and so completely has the practical part of Coke's learning been appropriated by other text-writers, that his works tend more and more to possess mainly an historical interest. It was a subject of marvel to Sir Henry Spelman that Coke did not enter into the field of feudal learning, 'from whence so many roots of our law have of old been taken and transplanted.' As is observed by Butler, his best editor, Coke never once mentions the feudal law. The explanation that his chief purpose was to write a book of practical utility is obviously insufficient, for Coke insists repeatedly on the importance of the study of legal origins. But the omission is natural if we consider how greatly the feudal law as a part of the English law of real property is an invention of later writers. And its very absence gives to Coke's work an historical value not possessed by those of Spelman, Gilbert, and Wright, who have thrust into English law the ideas of continental jurists. On this account at least we may join in Fuller's quaint eulogy, that 'his learned and laborious works will be admired by judicious posterity while fame has a trumpet left her, and any breath to blow therein.'

Coke's works were: 1. 'Reports' in thirteen parts. The first eleven parts were published in French, with the pleadings in Latin, 1600-15, printed at St. Omer; reprinted, 1609-19; in French, 1619-31; and 1624-9 (parts 5, 7, 8); in English, 1658, without the pleadings, which were published separately, 1659; in French, 2 vols. 1672; in English, 1680, without the pleadings; in French, 1697, with Chilton's marginal references; in French, 2 vols. 1762, with additional references: all in folio. The 12th and 13th parts were left unfinished, and in point of authority are held in less esteem (Hob. 300; pref. to Bukstrode's Reports, 10 B. & C. 275). Besides reports of cases, much more loosely stated than in the previous parts, they contain accounts of conferences at the privy council, and of consultations of judges, notes of legal points without reference to particular cases, and other extra-judicial matters. They deal largely with questions of prerogative, which is probably the reason why Coke did not elaborate and publish them during his lifetime. Their authority in law was much discussed with regard to the legality of the University Commission of 1851 (see Law Review, vol. xv). They were seized with his other papers in 1634, restored in 1641, and published, the 12th part in 1656, the 13th ('Certain Select Case in Law') in 1659, They had been written like the others, in French, but the Long parliament having required English to be exclusively the law language, they were published in a translation, and the original French has never been printed. The translation is said to be very inaccurate. Five manuscripts in French are mentioned in the Report on Public Records,' 1837, p. 382; Hargrave's MS. No. 34, a selection, 'said to be from Coke's own handwriting;' Lansdowne MSS. 601 (Kale's copy) and 1079; Harleian MSS. 4815-16; Maynard's MSS. No. 80, in Lincoln's Inn Library. The 12th and 13th parts were reprinted separately from the others in 1677. Editions containing the thirteen parts, all in English and 8vo: 7 vols. 1727, 7 vols. 1738, 7 vols. 1777, with Sergeant Wilson's notes; Dublin reprint, 1793; 3 vols. 1826, with notes by Thomas and Fraser. The edition of 1727 has the pleadings in Latin. The ' Reports ' have been done into verse (1742; new edition 1825), the point of each case being given in a couplet. Thus Whitlock's case is summarised:

Whitlock, for years twenty-one or lives three,
To lease for more years or three lives mayn't be.

And Savil's case:

Savil, the count, must an ejectment shew,
Number of acres, and their nature too.

Among the abridgments are that of Ireland (3rd edition 1657) and of Sir J. Davies (1651). To the 5th part was published in 1606 an answer 'by a catholicke devyne' (Parsons the Jesuit); see Coke's reference thereto, in the preface to the 6th part. 2. 'A Booke of Entries, containing perfect and approved Presidents of Courts, Declarations, Informations, &c.'—a book of practice. Cited as 'new entries,' to distinguish it from older books, such as Rastell; in Latin 1614 and 1671, both folio. 3. 'The First Part of the Institutes of the Laws of England, or a Commentary upon Littleton; not the name of the author only, but of the law itself,' 1st edition 1628 (this edition is said to be very incorrect: Butler's preface); 2nd, 1629; 3rd, 1633; 4th, 1639; 5th, 1656; 6th, 1664; 7th and 8th, 1670; 9th, 1684, with the Reading on Fines, and treatise on Bail and Mainprize, also included in the 10th, llth, and 12th editions; 10th, 1703, with the Complete Copyholder, also in the llth and 12th; llth, 1719, with the 'Olde Tenures,' also in the 12th; 12th, 1738 (this edition is severely censured in Hargrave's preface); 1775 (Brit. Mus.); 13th, 1788, with notes, an edition which is the basis of all the subsequent ones; besides the editor's notes, it contains notes from manuscripts of Hall, Sir W. Jones, and Lord Nottingham, begun by Hargrave and continued