« PreviousContinue »
These notes appear to have been partly his own, and partly copied from notes made by Chief Justice Eyre. The authenticity of these notes is confirmed by an observation of Nares, J., in the case of Crossley v. Shaw, 2 W. Bl. 1088." — Publishers' advertisement to the 3d ed. Cripps's Law of the Church. Cockburn, C. J.: "I have had occasion lately to consult that book, and was much struck with the ability and research displayed in it."— Griffin v. Dighton, 5 Best & Smith, 100. Dane's Abridgment "Mr. Dane may be considered as a lawyer of the old school, who had devoted many years of his life to the study and exposition of the laws of Massachusetts." — Shaw, C. J., in Commonwealth v. Alger, 7 Cush. 73. Dyer's Reports. See Plowden's Commentaries. East's Pleas of the Crown. "A work of good authority." — Shaw, C. J.,
in Commonwealth v. Webster, 5 Cush. 306. Eldon (lord), and his Reporters. "His later reporters were very able men, and if they had felt themselves at liberty to methodize and condense,— accurately preserving the substance and the spirit of the original, — they would have done much more justice to him, and conferred a much greater benefit on the public; but I have been told that he highly disapproved of any proposal for reporting him on this plan, and that he was best pleased when he saw himself in the transcript of a short-hand writer. None of his biographers have ventured on giving an entire judgment as delivered by him." — Lord Campbell, Lives of the Chancellors, vol. x. p. 241, 5th ed. Election Cases, Reports of. See Elliott On Registration. Ellenborough (Lord). "Great is the weight of the considered and accurately reported opinions of Lord Ellenborough after argument." — Bramwell, B., in Osborn v. Gillett, L. R. 8 Exch. 96. Elliott on Registration. Second edition. When the decisions of committees of the House of Commons on elections, collected in this book, were cited in the course of the argument in Whithorn v. Thomas, 7 Man. & Grang. 4, Tindal, C. J., said that, so far as the reasoning in these cases went, it might be proper to cite them, but not as authorities. Fitzherbert. The New Natura Brevium, by Sir Anthony Fitzherbert. This work, on the nature of writs, is "of the greatest authority." — Kettle v. Bromsall, Willes, 120. It was first printed in French, in 1534, 8vo, and has been frequently reprinted. The last edition was in 1794, two vols. 8vo, in English. The author was a judge of the Court of Common Pleas in the reign of Henry VIII. Foster's Crown Law. "An authority of the highest character." — Shaw, C. J., in Commonwealth v. Roby, 12 Pick. 509. "Sir Michael Foster was an eminent judge of the highest court of criminal jurisdiction, many years before our Rrevolutiou, when the people of Massachusetts we're under English jurisdiction. He was also a most acute, discriminating, and exact writer, whose chapter on the law of homicide has been a work of standard authority on that subject, for a century." — Shaw, C. J., in Commonwealth v. York, 9 Met. 111. "An eminent judge and alearned writer on criminal law." — "Wilde, J., 9 Met 132. Lord Chief Justice DeGrey speaks of him as one " who may be truly called the magna charta of liberty of persons, as well as fortunes."—3 Wils. 203, quoted 9 Met. 111.
Gale on Easements. Third edition, edited by W. H. Willes, Esq. 1862. "A valuable edition." — Williams, J., in Bamford v. Turnley, 3 Best & Smith, 75.
Gilbert on Evidence. This work is commended in very high terms by Blackstone, who says it is impossible to abstract or abridge so excellent a treatise, without losing some beauty, and destroying the chain of the whole. — Comm. vol. iii. ch. 23. "To Lord Chief Baron Gilbert principally we are indebted for reducing our law of evidence into a system." — Best Ev. § 87, 5th ed.
Glanville. Kanulph de Granville is the reputed author of this treatise. The publication of the Fines by the Record Commission in 1835 has cast some additional doubt as to this authorship. See Preface to Book of Fines, p. 16. — Rawle on Covenants, p. 13 note, 4th ed.
Greaves (Charles Sprengel, Esq., Q. C). "The editor of Russell on Crimes is known as a gentleman of great learning, ability, and research." — Pollock, C. B., in Regina v. Curgerwen, L. R. 1 C. C. 3. "I have the highest respect for the learning of that excellent writer." — Talfourd, J., in Regina v. Bird, 2 Denison C. C. 149.
Hale De Jure Maris. "The acknowledged authority upon this subject." — Shaw, C. J., in' Common wealth v. Alger, 7 Cush. 90.
Hale's Pleas of the Crown. See Coke's Third Institute.
Hardres's Reports. "The knight was of some note in this day as a lawyer, a reporter, and a man of rank." — Woolrych, Lives of Eminent Serjeants, vol. i. p. 400. In Wallace's Reporters, p. 201, it is said, with great truth, that "this volume contains some of the most learnedly argued of the old reports."
Hawkins (Mr. Serjeant). "Avery learned, painstaking man."—Best Ev. § 134.
Holroyd (Mr. Justice). "One of the most accurate lawyers and profound thinkers that ever sat on the bench." — Lord Denman, C. J., in Doe v. Suckermore, 5 Ad. & El. 747. "Than whom a more sound and safe authority cannot be quoted." — Williams, J., ib., at pp. 725, 727.
Jacob's Law Dictionary. "The authority of this book must not be too implicitly relied^m." — Lord Chief Justice Reeve. Instructions for the - Study of the Law, in Collectanea Juridica, vol. i. p. 79.
Joy on Peremptory Challenge of Jurors. "A very learned book." — Parke, B., in Gray v. The Queen, 11 Clark & Finnelly, 473.
Littleton on Tenures. "A work of higher authority than any other in the law of England." — Lord Campbell, Lives of the Chancellors, vol. i. p. 342, 5th ed.
Meeson and Welsby's Reports. In the course of the argument in Cope v. Barber, L. R. 7 C. P. 404, note, Mr. Justice Willes desired to correct an error in the report of Worth v. Terrington, 13 M. & W. 781, 795, in which a certain observation was attributed to Baron Parke. He said that he had in his possession a letter from Lord Wensleydale, in which that learned judge declared that he had never made the observation imputed to him. Later in the day, Lord Wensleydale's copy of thirteenth Meeson and Welsby was handed up to the bench; in the margin of the report of the case above referred to were these words, in his Lordship's own handwriting, — "I never said so."
Molloy. Of this author, Sir William Scott thus writes: "Of Molloy I say nothing, knowing well that the authority to which he refers does not sustain him, and that his own authority amounts to little." — The Gratitudine, 3 Chr. Rob. 269.
Modern Reports, Vol. V. "This must be the mistake of the reporter, for Lord Holt could not say so absurd a thing."— Lord C. J. Willes in Morse v. James, Willes, 127.
Moody and Robinson's Reports. These volumes are worthy of the attention of the profession, "on account of the brevity and accuracy with which the decisions are given, and the useful notes subjoined to those cases which are of superior interest and importance." — Warren's Law Studies, 931, 2d ed.
Moor (Sir Francis) Reports. "Moor's Reports are a posthumous work, incorrect notes taken for his own use, not intended to be published." — Lord Macclesfield, State Tryals, vol. vi. p. 230.
Moor (Sir Francis) Reports. "A Collection of Law Cases," printed in 1663, from the original in French, then in the'hands of Sir GeofFry Palmer, Attorney-General to Charles the Second, "which is the same, as I take it," says Wood, " written fairly with the author's own hand, in folio, that was lately in the library of Arth. E. of Anglesey."—Athens Oxonienses, ed. Bliss, voL ii. p. 305, quoted in Woolrych's Lives of Eminent Serjeants, vol. i. p. 230.
Oughton (Thomas). Ordo Judiciorum. 2 vols. 4to. London, 1728, 1738. •• Oughton's work was published in 1728, and, I apprehend, is considered to have faithfully represented the practice then prevailing." — Coleridge, J., in Doe v. Suckermore, 5 Ad. & El. 708.
Parke (Baron). "One of the most dissinguished judges who ever sat in Westminster Hall."—Kelly, C.B.,in the Exchequer Chamber, in Brinsmead v. Harrison, L. R. 7 C. P. 553.
Place (Mr.). "Lord Kenyon observed that the authority of Mr. Place was equal to that of Lord Raymond; that he was reputed to be the author of Watson's Clergyman's Law, and was considered as a lawyer of great eminence."—Brown v. Compton, 8 T. R. 430, note. "Mr. Place's notes aro in general very accurate." — Grose, J., at p. 432. See Watson's Clergyman's Law.
Plowden's Commentaries. Dyer's Reports. Coke's Reports. "Contain masterly judicial reasoning, and satisfactorily settle the most important questions which have ever arisen in the history of the common law of England." — Lives of the Chancellors, vol. ii. p. 344, 5th ed.
Rastell's Entries. "There are as many faults as lines." — By the Court in George v. Lawley, Skinner, 392.
Raymond (Lord). See Place, Mk.
Ryley's Pleadings. This work is recommended to the professors of the law by Lord Chancellor Nottingham. — Clarke's Bibliotheca Legum.
Salkeld's Reports. "As a reporter, Serjeant Salkeld was, in that day, unrivalled. Few have equalled him at any time in the skill required for that purpose. His Reports possess great merit, as being for the most part the judgments of Lord Chief Justice Holt."—Woolrych, Lives of Eminent Serjeants, vol. ii. pp. 488, 495. In the Preface to Cases Temp. Holt, it is said: "The method observed in Salkeld's Reports has had the general approbation, therefore is imitated in this collection."
Salkeld's Reports, VoL UX In The King v. Higgins, 2 East, 8, note, Lord Kenyon observed "that the authority of the third part of Salkeld was not to be relied on, unless corroborated by other books; and it has been often denied by Mr. Justice Foster."
Saunders's Reports. In Bissex v. Bissex, 3 Burr. 1729, the court rejected a case as reported in Siderfin, and adopted the same case as reported in Saunders, observing that Saunders was much the most accurate reporter of his time. —1 Saund. 170, 6th ed.; 1 Wms. Notes to Saund. 171.
Schoales and Lefroy's Reports. "Learned reporters." — Selwyn's Nisi Prius, 1185, note, 11th ed.
Selwyn's Nisi Prins. The note on the action of replevin in the edition edited by Henry Wheaton was written by Hon. Theron Metcalf. — See The American Law Review, vol. vii. p. 364.
Sheppard's Touchstone. "Doddridge, now confessedly its author." — Preface to Preston's ed. Lord Truro in Egerton v. Lord Brownlow, 18 Jur. 100. u A most excellent book."—Chief Justice Willes in Roe v. Tranmer, 2 Wils. 78. And in Doe v. Salkeld, Willes, 676, the same distinguished judge, in citing the book, says, " Mr. Sheppard, or whoever was the author of that book," <fcc.
Skinner's Reports. "Are still highly esteemed." — Woolrych, Lives of
Eminent Serjeants, vol. ii. p. 523 (1869). Smith on Master and Servant. "An excellent work."—Bramwell, B., in
Osborn v. Gillett, L. R. 8 Exch. 99. "Staunford's Book on Prerogative (as well as his Treatise on Pleas of
the Crown, which is sometimes cited in the text of Lord Coke's Reports)
is a work of considerable authority. I cite it as evidence of what, In
his time, was the opinion of the profession on this subject." — Pigot,
C. B., in The Queen v. Toole, Irish Rep. 2 C. L. 40. Stephanas (Robertas). Thesaurus. "Is a book of the best authority." —
Lord Hardwicke in Rex v. Francis, Cunningham, 286, 3d ed. Tidd's Practice. See Comyns's Digest.
Terms de la Ley. The first edition was printed in 1563. In 1616, Lord Bacon wrote, " For the books of the Terms of the Law, there is a poor one; but I wish a diligent one, wherein should be comprised not only the exposition of the terms of law, but of the words of all ancient records and precedents."—Proposition touching Amendment of Laws. Life and Letters, vol. vi. p. 70, ed. Spedding.
Townesend (George). Tables to most of the printed Presidents of Pleadings, Writs, and Retorn of Writs, at the Common Law. Fol. London, 1667. « A book of very good authority." — Willes, L. C. J., in Kettle v. Bromsall, Willes, 120.
Twisden (Mr. Justice). "A very great lawyer." — Mr. Serjeant Williams in note to Benson v. Welby, 2 Saund. 155 a, 6th ed.; 2 Wms. Notes to Saund. 454.
Watson's Clergyman's Law, or Complete Incumbent. "The Complete Incumbent was not written by Watson, but by Mr. Place, of York." — Denison, J., in 1 Burr. 307. "Mr. Place, of Gray's Inn, was the true author." — Wolferstan v. The Bishop of Lincoln, 2 Wils, 195. The work is recommended by Blackstone, 1 Comm. ch. 11.