Obrázky stránek
PDF
ePub

have no excellent choice with men, who are the best books; for a man of action and employment you seldom converse with, and then but with your underlings."This from an eye witness was perhaps a just though a severe criticism. But in his general character Coke is uniformly spoken of as a man of great prudence and learning, and of a pious and virtuous life. The depth of his knowledge and the wisdom of his judgments have never been disputed, and he must be regarded by all as a sound, constitutional, and upright judge, notwithstanding the obliquity of his manners and the austerity of his deportment.

His works consist of Institutes of the Laws of England in three parts, of which the Commentary on Littleton is the first; and Reports of Cases in the King's Bench, now collected in six volumes, together with some few other smaller productions, but all of equal note. He has found an able biographer in Mr. Woolrych, whose recent "Life of Sir Edward Coke" has set the character of the Chief Justice in a fairer light than it has hitherto been placed in. In Fuller's Worthies also will be found many particulars concerning this great Judge, and his life in the Biographia Britannica, as also that in the biographical department of the Library of Useful Knowledge, are spirited productions.

LORD COKE'S PREFACE.

We have formerly written, that this book is the ornament of the common law, and the most perfect work of its kind, and there never was any learned man in the law, that understood our author, but concurred with me in this commendation. And albeit our author in his Three Books cites not many authorities, yet he holds no opinion but what is approved by these two faithful witnesses, authority and reason. We have known many of his cases drawn in question, but never could find any judgment given against them, which we cannot affirm of any other book in our law.

We have in these Institutes endeavoured to open the true sense of each particular case, and the extent of the same, either in express words or by implication; and where any position is altered by act of parliament, we have endeavoured to observe the same and wherein the alteration consists. And we have by comparison of the late and modern impressions of the text with the original print, vindicated our author from two injuries: First, from divers corruptions in the late and modern prints, and, Secondly, from all additions and encroachments

upon him, that nothing might appear in this work but his

own.

Our hope is, that the young student, who meeting with difficult terms and matter was at first discouraged, may, by reading these Institutes, have the difficulty and darkness both of the matter and terms of art, facilitated and explained, to the end he may proceed in his study cheerfully and with delight; and therefore I have termed them Institutes, because my desire is, they should institute and instruct the studious, and guide him in a ready way to the knowledge of the laws of England.

This Part we have (not without precedent) published in English, to the end that the nobility and gentry of this realm, who may be pleased to read him and these Institutes, may understand the language wherein they are written. And I cannot conjecture that the general communicating of these laws in the English tongue can work any inconvenience, but introduce great profit, seeing that Ignorantia juris non excusat. Et neminem oportet esse sapientiorem legibus, No man ought to be wiser than the law. And true it is, that our books of reports and statutes in ancient times were written in such French as in those times was commonly spoken and written by the French themselves. But this kind of French that our author has used, is most commonly written and read, and very rarely spoken, and therefore cannot be either pure, or well pronounced. But it should be remembered that by long custom many ancient terms and words drawn from the French are grown to be terms of art, and are so apt and significant to express the true sense of the laws, and are so woven in the laws themselves, that it is in a manner impossible to change them, neither ought legal terms to be changed. In school divinity you meet with a whole army of words, which can

not defend themselves in bello grammaticali, and yet are more significant, compendious, and effectual to express the true sense of the matter, than if they were expressed in pure Latin.

This work we have called, "The First Part of the Institutes," for two causes: First, because our author is the first book that the student takes in hand. Secondly, because I have other Institutes not yet published, viz. The Second Part, being a Commentary upon the statute of Magna Charta, Westm. 1. and other old statutes. The Third Part treats of criminal causes and pleas of the crown which Three Parts we have by the goodness of Almighty God already finished. The Fourth Part we have purposed to be of the jurisdiction of courts: but hereof we have only collected some materials towards the raising of so great and honourable a building. We have now, by the goodness and assistance of Almighty God, brought this twelfth work to an end: in the Eleven Books of our Reports we have related the opinions and judgments of others; but herein we have set down our

own.

Before I entered into any of these Parts of our Institutes, I, acknowledging my own weakness and want of judgment to undertake so great works, directed my humble suit and prayer to the Author of all goodness and wisdom, out of the Book of Wisdom; Pater et Deus misericordiæ, da mihi sedium tuarum assistricem Sapientiam! Mitte eam de cælis sanctis tuis et à sede magnitudinis tuæ, ut mecum sit et mecum laboret, ut sciam quid acceptum sit apud te! "O Father and God of mercy, give me wisdom, the assistant of thy seats! O send her out of thy holy heavens, and from the seat of thy greatness, that she may be present with me, and labour with me, that I may know what is pleasing unto thee!" Amen.

« PředchozíPokračovat »