Obrázky stránek
PDF
ePub
[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors]

Observations on Professional Deportment, with some Rules

for a Lawyer's Conduct through Life,

[ocr errors]
[ocr errors]

726 to 744

744 to 751

Fifty Resolutions in regard to Professional Deportment, 752 to 775

[blocks in formation]

1. To Select Cases in Lord Coke's Reports, on Real Law,

776 to 800

801 to 810

810 to 825

826 to 843

2. To Select Cases in Lord Coke's Reports, on Personal Law,
3. General Index,

[ocr errors][merged small][merged small][merged small][merged small]

ADVERTISEMENT

TO THE SECOND EDITION.

A CAREFUL examination into the history of the jurisprudence of every country, will, perhaps, justify the conclusion that this science is stationary or progressive, nearly in the ratio of the intercourse which subsists between nations; of the extent of political and civil liberty enjoyed by their people; and especially, of the equality of individuals, and the degree of social communication existing between all the parts of an empire. Nations, no less than individuals, are the mere creatures of habit. The prejudices of early education adhere to them with wonderful tenacity; and this too, after enduring ages of inconvenience, and even of suffering; until circumstances arise which, in a degree equalize their condition; bring them into closer communion with each other; produce a freer comparison of thought; and finally terminate in a full conviction of their errours, and in an anxious desire to devise the requisite schemes for their amendment. Society among nations, and especially among the people of each nation, is pecu

liarly and most happily characterized in the present age. No other period in the history of man is marked by such a condition of national intercommunication, and of individual social intercourse. Legislation,

science, arts and literature, are no longer even national, but are fast becoming the common right and possession of the world. This remarkable melioration of the physical, moral and intellectual state of man, (which is as strikingly visible in the philosophical and equitable character of the legislation and jurisprudence of nations, as in any other thing,) may be referred primarily to the numerous facilities which have overcome time and space, and brought together states and people of various conditions, pursuits, languages, and acquirements; so that individual, local, and national habits and prejudices are fast disappearing, and the day approaching when the world may know but one homogeneous system of constitutions, laws, science, literature, and manners; and when morals, and even religion, shall so harmonize with the highest intellectual attainments, as to elevate our species far beyond the conceptions even of poets, or the imaginations of philosophers in their ideal republics. The sturdy barons of the thirteenth century, have in vain declared 'Nolumus Leges Angliæ mutare;' for even from that very period a regularly progressive change is observable; and within the present age it has become so rapid and thorough, that all former example, and, indeed, the aggregate improvement of all past ages, seem to fall short of what has been accomplished within the last half century. So great has been the change in the legal science, even of England, (and altogether for the better,) that it has

been said, were lord Coke, with his immense learning, suddenly restored to Westminster Hall, he would find himself compelled to become a close and methodical student of law, before he could venture to take a stand among his professional brethren. But the improvements, actual, and contemplated, to which we principally allude, are the growth of, perhaps, the last fifteen years. The first edition of the present work took up the science as it existed at that day. It was designed to meet the wants of law students, to whom it was then exclusively addressed, with the humble expectation that it would serve as a sufficient and faithful guide for a much longer period. So vast, however, have been the improvements and additions to the science; and so prolific has been the press, in works of superior excellence, that a new edition seems to be demanded,—especially as the flattering approbation extended to the work, entirely exhausted it within the first two years after its publication. The author, moreover, has not been insensible to the fact, that the volume has been extensively countenanced by the Profession; so that, perhaps the larger number of students have obtained a knowledge of it through the medium of those for whom it was by no means originally intended. Could that gratifying reception have been at all anticipated, the work would have been rendered more worthy their attention,-and now seems to justify the author in presenting it in a more enlarged form; so that it may possibly aid the studies of the more matured scholar in the law, whilst its strictly elementary and practical character, has in no degree been lessened. This alteration in the character and object of the work,

has been made at the suggestion of some learned, but perhaps, too kind friends, who believed that it might be rendered of some use even to the Counsellor, the Judge, and the Statesman; at least, as a depository occasionally to be consulted, in order to refresh their recollections of the numerous sources of information in the respective divisions of the law; and also, the better to enable them to direct, with facility, the studies of those who might happen to be under their immediate care. With these several views, the author has so arranged the entire scheme of direction and instruction, as to enable the student, at once, to perceive the elementary outline designed for his guidance; and to free himself from any confusion or despondency, that might arise from a superficial examination of a volume comprehending, apparently, too scientific a course, addressed to one who is a mere tyro, when he first takes the book in hand; whilst at the same time the counsellor, or the judge may find in its pages such useful details, (the result of no little research,) as are ordinarily to be found only by consulting a very extensive, and well selected library.

In addition to the various means, adopted throughout the volume, to preserve simplicity, and a purely institutionary character, it may be well, at this time, to suggest to the student, a few remarks as to the mode of using it; so that he may derive from its contents all the contemplated advantages.

FIRST.-As the volume professes to be a guide, it, like his dictionary, or any other vade mecum, should be constantly on his table,-not only for occasional consultation during the progress of his studies, but

« PředchozíPokračovat »