Page:Marvin, Legal Bibliography, 1847.djvu/219

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COK The comparative merits of Ilargrave and Butler's contributions to Coke Littleton, have been variously estimated. Hawkshead remarks that " one cannot help observing how much the annotations of Mr. But- ler excel those of his predecessor iMr. Hargrave, both in succinctness of order, comprehensiveness of style, and elegance of diction," whilst Martin is of the opinion that Butler's notes, "though deservedly esteemed, were confessedly too hastily prepared to reach the high stan- dard of his predecessor. His knowledge appears to have been more various than profound." Barton seems to have given the just meed of praise to their joint labors, for he remarks that "the notes with which those gentlemen have so liberally enriched the edition of Sir Edward Coke's Commentary, are entitled to the student's most marked attention, not only as displaying a very uncommon and creditable portion of learn- ing in the authors, but as exciting a particular degree of interest by the practical application they generally furnish of the doctrines advanced in the text, and the elegant analysis frequently given of the modern law upon the subject as established by the more recent statutes and resolu- tions, which is delivered in a style equally conspicuous for its elegance and perspicuity." And yet even they have committed considerable over- sights, noticed in Ritsu^s Introduction, so difficult is it to arrive at any thing more than approximate accuracy in criticism and illustration. The value of the Institute to a modern lawyer, is thus stated by Chan- cellor Kent — "Many of the doctrines which his writings explain and illustrate, have become obsolete, or have been swept away by the cur- rent of events. The influence of tw^o centuries must inevitably work a great revolution in the laws and usages, as well as in the manners and taste of a nation. Perhaps every thing useful in the Institutes of Coke, may be found more methodically arranged and more interestingly taught, in the modern compilations and digests ; yet his authority on all subjects connected with the ancient law, is too great and too venerable to be neglected. The Commentary ought to be studied and mastered by every lawyer who means to be well acquainted with the reasons and grounds of the law, and to adorn the noble science he professes." ]Ir. Hoffman also, says : " And let not the American student of law suppose that the same necessity does not here exist, as in England, to make this ' golden book' his principal guide in the real law. All precedent in this country contradicts such an idea. The present generation of distinguished law- yers, as well as that which has just passed away, have given ample proofs of their familiarity with the writings of Lord Coke; and our numerous volumes of reports daily illustrate, that with trivial exceptions, what is the law of real property at Westminster Ilall, is equally so in the various tribunals throughout our extensive country." Fuller's Worthies, 252; 1 L. M. 63; (4) 95, 127; Prof, to Hargrave' & Butler's edit; 1 Bart. Com. 18, 19, n. ; Ritso's Introduction, 105, IGO; Blackstone's Analy. Pref. 6; Hawkshead on Wills, Pref. 27; 2 207