ATK Mansfield down to I84G, without one saving clause in the allegations. Mr. Kyd, in his sapience, has surpassed all of the vilifiers of Atkyns' Reports, in his sweeping charges — "In Atkyns and Vesey, there is hardly ever a state of the facts given to render the arguments of the counsel and the judgitjent of his lordship intelligible. The reader is left to collect, from the allusions of each, such an imperfect state of the case as he can, and frequently to supply from conjecture, something to render it consistent with itself; and his lordship's judgment is generally reported in a manner so confused, and in language so vague and incor- rect, that it is difficult to establish upon it any general principle." Any lawyer who has thumbed these Reports at all, knows that this statement must be taken cum grano salis, and from what has been already stated the reporter's conciseness, in many cases, is not his fault, and he was obliged to give such a report of them as he has given or none at •all. It is possible that some of the elder remarks, versus Atkyns, were levelled at him because he did not choose to trouble the judges for their imprimatur, which was usually done by the reporters of his and the pre- ceding time, and which was thought to be a sine qua non in order to give a sort of currency to their labours. Perhaps this will explain what Lord Mansfield is reported to have said : " Atkyns must not be cited as an authority." One can only add, Tantaene animis c^lestibus irm? Mr. Atkyns, however, very properly and frankly gives his reason for not so doing — " They (the judges) could not,' from their situa- tion, be supposed to examine the manuscript with any accuracy be- fore it was printed ; and, therefore, to solicit them to give the sanction of their names to a performance with which they were entirely unac- quainted, in my opinion, would have been paying their lordships a very ill compliment; and I chose rather, after a complete and candid exam- ination of these reports, they should either rise or fall in the esteem of the public, according to their real and intrinsic merit only." Having now considered all the parties that I have met with versus, let us next examine the authorities /jro Atkyns. Buller, J., strongly intimates, that if there are some defects in the reports of Lord Hardwicke's decisions, the fault may not be wholly attributed to the reporters, for, says he, " perhaps even Lord Hardwicke himself, by being very diflTuse, has laid a foundation for doubts which otherwise would never have existed." Chancellor Kent, after speaking of the reporters of Lord Hardwicke's decisions, concludes by saying, " yet the value of his opinions, and the great extent of his learning, and the solidity of his judgment, have been sufficiently perceived and understood." In an able article reviewing I. Atkyns' Reports, the writer says, " with regard, however, to the volume now before us it is but justice to acknowledge that the cases are very /u% and accurately stated." Mr. Lloyd, in his lectures on equity before the Incorporated Law Society, remarks : " But the principal and fullest reports of Lord Hardwicke's decisions, are undoubtedly to be found in 77
