Page:The Green Bag (1889–1914), Volume 10.pdf/498

 Law Books in the Reign of Elizabeth. Keilway's "Reports" in 1602. Bellewe's "Reports," and the " New Cases " were also printed some time in this reign, which make up all the books of this kind in print at the death of Queen Elizabeth. The manner in which Plowden has re ported the decisions of Courts is peculiarly his own, none having set him a model, nor any having attempted to rival him. After having stated in a clear manner the case and matters of doubt to be resolved, he gives the arguments of the counsel on both sides at length; always following the course of reasoning precisely, with the topics and precedents quoted by each, in the exact style of a formal debate. In reporting the judgment of the Court, he gives severally the opinions of the judges at length. A case discussed in this ample way, with all the argument of each side considered, dis tinguished and commented on by the expe rience and learning of the bench, must be so thoroughly sifted as for it to be impossible not to discern the true points of a cause and the ground upon which it was determined. Most of the cases in this book are upon de murrers, or special verdicts, and there are generally the pleadings annexed. Whether all arguments and opinions were delivered in Court precisely in the detail in which we have them in Plowden, or whether the re porter, who says that his practice was to make himself master of the case in all its points before he heard it argued, might not retouch them according to his own fancy afterwards, — whatever was the fact, it is certain that the principles and great leading rules of law are opened and explained with an acutencss rarely discovered in other books; and points are maintained and canvassed with a certain wary closeness of reasoning peculiar to this writer; so that altogether it is one of the most instructive and most en tertaining books in the law. Sir Edward Coke is an author of very dif ferent character from the foregoing. The manner in which he reports is jejune and

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summary, without tracing any form of argu ment. His general way is to give a state ment 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 objec tions, and concluding with the resolution and judgment of the Court. Sometimes he only gives the statement of the case, and the resolutions of the Court; and sometimes without 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 distinc tions. At present, Lord Coke can only be mentioned as the author of the three first parts of his " Reports," which is confining him in a very narrow compass. It was not till the next reign that he published the other parts of his " Reports " and his " Insti tutes," which make him a very voluminous, as well as a very eminent, writer upon the English law. From the writings of Plowden and Coke the law derived new strength and luster, and the study of it was considerably advanced. Their merits, however, are very different, though both writers are excellent in their way; the one, argumentative and diffuse, calls for a patient and steady perusal through the windings of many intricate deductions; the other, concise and learned, demands a fixed attention to peremptory propositions and authentic conclusions of law. The latter, from the shortness of his manner and of his matter, may be taken up any time with profit; the former, being prolix in both, must be read through and studied with care and reflection. From the former may be attained a habit of legal reasoning, and the student may always exercise himself there with new pleasure and improvement; in the latter, he will possess an inexhausti