Page:Marvin, Legal Bibliography, 1847.djvu/222

 COK Coke's method of reporting is peculiar, and difiers much from that of his cotemporaries. " His general way is to give a state of the case, then to relate the effect of all that is said on one side, and likewise on the other; beginning always with the objections, and concluding with the resolution and judgment of the Court. Sometimes he only gives the state of the case, and the resolutions of the Court; and sometimes with- out any case stated at all, he mentions only the name of it, and then sets forth the points of law resolved by the Court. This is always done with great weight of reason and clearness of expression. He abounds, beyond any writer, in old law; and excels in adducing proofs from adjudged cases, comparing them, and reconciling apparent repugnancies upon solid and true distinctions." His manner of reporting, it will be ob- served, was most laborious. He endeavored, as he says, to avoid obscurity, ambiguity, and prolixity. " It is singular that he should have so egregiously failed in his purpose. The want of methodical arrangement and lucid order, is so manifest in his Reports, and he abounds so greatly in extra judicial dicta and collateral discussions, that he is distinguished, above most other reporters, for the very defects he intended to avoid. It is often very difficult to separate the arguments of counsel from the reasons and decisions of the Court, and to ascertain precisely the point adjudged." His system of turning every judgment into a string of general propositions or resolutions, has certainly a very imposing appearance, but is a system, of all others, the least calculated to transmit a faithful report." "The reputation of Coke, and the won- derful and specious formality of his Reports have given them an autho- rity in the law superior to most others ; and to say truth, as he was a most affected formalizer, his works are very apt for forming a student." Notwithstanding the generally acknowledged accuracy, and the undis- puted learning of the Reports, no legal work was ever more violently attacked. James I. was displeased with some opinions therein of Coke's, relative to Prerogative ; and the King's minions were busy in conning the Reports for expressions and opinions that should bring their author into complete disfavor with his Sovereign. The objectionable passages were at length reduced to five, and Lord Ellesmcre was appointed to receive Coke's explanation or apology. The reporter triumphantly de- fended the passages, but lost his seat upon the Bench. The complaint was again revived when Francis Bacon was Lord-keeper, upon which occasion Coke demanded that the Twelve .Judges be called to decide what cases, if any, were erroneous, and to certify what cases he had published for the general good of the realm. His enemies shrunk from having this investigation made, which would have redounded so much to the credit of the Reports, and it may be truthfully affirmed that no Reports have passed through such an ordeal as Coke's. The Xllth and Xlllth Parts of the Reports were published after Coke's death, and were " probably never intended for the light ;" or, perhaps, as it has 210