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432

Bankruptcies superseded.-Bankrupts.

Patch, John. Bishop, Exeter.er. Law Bookselle

Jackson, John, Old City Chambers, Bishopsgate Within, BANKRUPTCIES SUPERSEDED.

Jeweller & Watchmaker. Bartholomer, Gray's inn from Aug. 23, to Sept. 20, 1833, both inclusive.

Place, & Red Lion Street, Clerkenwell; Cannan, Oxf. Ass.

Johnson, Joseph, & John Gibbs, Warwick, Linen Drapers, Hunt, Jared Terrett, Princes Street, Lambeth, Bone Mer.

Eduards, Bif. Ass.; Hardwick, Lawrence Lane, Cheap chant.

side. Jarvis, Wm , Peterborough, Northampton, Victualler.

Lucas, John, City Road, Timber Merchant. Shefield & Maggs, Sarah & James, Cheltenham, Mercers.

Sons, Great Prescott Street, Goodman's Fields; W.

more, Off. Ass. Lindergren, John, Portsmouth, Merchant. Bogue & Co.,

John Street, Bedford Row; Hoskins, Gosport & 'orts.

mouth.

Laws, Richard Lloyd, Greenwich, Kent, Master Mariner. BANKRUPTS.

Edwards, Off. Ass. ; Freeman & Co., Coleman Street.

Miller, David, Bristol, & Kingsduwn, Gloucester, Druggist. From Aug, 23, to Sept. 20, 1833, both inclusive.

Clarke & Medcalf, Lincoln's Inn Fields. Armistead, Richard, Liverpool, Straw Hat Manufacturer.

Mannerings, John, Chatham. Kent, Builder. Torquend, Groom, Off. Ass.; Taylor, King Street, Cheapside , Cort,

Off. Ass.; Hills, Chatham; Nelson, Essex Street, Liverpool.

Strand. Ballantyne. Wm.. Battle, Sussex. Bookseller. Gibson. Off. Moon, Wm., East Stonehouse, Devon, Clothier. G. Smith. Ass.; Watson & Sons, Bouverie Street, Fleet Street.

Basinguall Street ; Gulbard, Devonport. Blofield, Wm., Hosier Lane, Smithfield, & St. John Street,

Moore, Tho., Dursley, Gloucester, Iron inonger. Austes & Carpenter & Builder. Abbott, Off. Ass.; Webber, Caro

Co., Raymond Buildings, Gray's Inn; Lefiore, Birline Street, Bedford Square.

mingham. Bell, Jacob, Exmouth, Devon, Coal Factor & Wine Mer.

Owles, Geo., Great Yarmouth, Norfolk, Grocer. Messrs.

Berkeley, Lincoln's Inn; Whitmore, Off. Ass. chant. Adlington & Co., Bedford Row; Furlung, Ex

Patchett, John, Liverpool, saddler. eter.

Mawisley, Liverpool; Bryant, John,,Watlington, Sussex, Draper, &c. Edvards,

Aulington and Co., Bedford Row Off. Ass. ; Carter, High Street, Southwark.

Patch, John, Exeter, Hop Merchant. Darke, Red Lion Berenburgh, John, Bloomfield Street, London Wall, Tobacconist. Berry, Furnival's Inn; Cannun, Off. Ass.

Pheney, Richard, Fleet Street, Law Bookseller and rub. Bragg, Rich., Southmolton, Devon, Wine and Spirit Mer.

lisher. Bowden & Walters, Aldermanbury; CURRUT, chant. King & Whiltaker, Gray's Inn Square; Riccard,

Off. Ass. Southmolton.

Price. Geo.. Sneinton, Nottingham, Twist Net Manufactu. Clark, Richard, Newark-upon-Trent, Nottingham, Linen

rer. Fearn head & Co., Nottingham ; Johnson & Wes

therall, Temple. Draper. Lee, Newark-upon-Trent; Muine & Co., Tem

Peacock, Geo., L'atterick, York, Draper. Tilson & Co., ple. Corp, Wm., Tower Street, Carpenter. Newhon, Great Car.

Coleman Street ; Allison, Richmond, York. ter Lane, Doctors' Commons; Cannan, Off. Ass.

Roberts, Wm., Quebec, Canada, North America, Merchant. Chard, Wm., Buston, Clutton Inn, Somerset, Innkeeper.

Battye and Co., Chancery Line; heyrut, Leeds. Willett & Co., Essex Street, Strand; Chard, Somerton;

Roberts Harriet, Chirk, Denbigh, Drapei & Grocer. Deur, Gillard, Bristol.

Palsgrave Place, Temple Bar; Rubei LX, Oswestry. Cartwright, Harriott, Shrewsbury, Salop, Victualler. Platt

Koberts, Tho., Liverpool, & John Roberts, Holywell, Fhnt, & Hall, New Boswell Court, Lincoln's Inn; Messrs.

Ironmongers, &c. Norton and Chaplin, Gray's Inn Hyde, Worcester.

Square; Ingleby, Birmingham. Cook, Sam., Weston, Somerset, Gardener. Nicholls, Cook's

Richardson, Tho., & Win, Clarke, High Holborn, Printers Court, Lincoln's Inn; Hellings, Bath.

& Publishers. Groom, Off. Ass.; Newton, South square, Chambers, Charles, Duxford, Cambridge, Grocer. Bircham, }

Gray's Inn. Lincoln's Inn Fields; Fisher, Cambridge.

wal, Hounthwaite, Geo., Bear Street, Leicester Square, Hotel Dimsdale, Isaac, Trinity Square, Tower Hamlets, Corn Fac

& Tavern Keeper. Buti, College Street, Westminster; tor. Belcher, Off. åss. M.Leod, London Street, Fen-Is,

Turguand, Off. Ass. church Street.

nape, Rob. Kay, Manchester, Victualler. Johnson & WeaDean, Tho., Manchester, Publican. Hadfield & Co., M

thurall, Temple ; Booth & Co., Manchester.

Shaw, Benj., Harlesthorpe, Clown, Derby, Candlewick and chester; Johnson & Weatherall, Temple.

Sacking Manufacturer. Chilton, Chancery Lane; Clarke, Elliott, Joseph, Devonport, Grocer. * Brooking & Surt,

Chesterfield. Lombard Street, Elworthy, Devon port; Wingate, Sionthouse.

vione | Spears, Jolin, Aottingham, and Wood Street, Cheapside,

Lace Manufacturer. Ensell, Henry Causer, Winchester, Hants, Glass Dealer.

Fearrheus & Co., Nottingham;

Johnson & We therall, Temple. Clowes & Co., Temple; Whitmore, Off. Ass.

Short, Wm., Henrietta Street, Brunswick Square, Compton Fowler, Allen England, Liverpool, Merchant. Holme & Co., New Inn; Booker, Liverpool.

Street, Brunswick Square, & South Crescent Mews, Bur

ton Crescent, Cabinet Maker. Hall, Lyon's lun; lurFurniss, Francis, Longstone, Derby, Seedsman. Blakelock & Co., Serjeant's Inn, Fleet Street; Smith, Sheffield.

quand, Off. Ass.

Southall, Gad, and Wm. Milnes, Fletcher, Tho. Wm. Stanley Roscoe, Rich. Roberts, John

Pedlar's-Acre Whari,

Lambeth. Coal Merchants. Parker, St. Paul's Church
Tarlton, and Francis Fletcher, Liverpool, Bankers.
Lace & Sons, Liverpool ; Taylor & Co., Bedford Row

Yard; Turquand, Uff. Ass.
Harrison, Bir-

Storer, John, Manchester, Grocer.
Gateley, Martin, Birmingham, Victualler.

Dean, Manchester; mingham; Norton and Chaplin, Gray's Inn Square.

Adlington à Co., Bedford Row, Gilburd, wm., Brighton, Wine Merchant. Benneti, Brigh

Thoinpson, John, Liverpool, Grocer. Smith, Liverpool;

Kenghiley & Co., Chancery Lane. ton; Daz & Co., Lincoln's Inn Fields.

Trent, George, North Street, Lisson Grove, Dealer. Groom. Groom, Tho., Welchpool, Montgomery, Wharfing

Off. Ass. ; Vennington & Nayior, Bucklersbury. Messrs. Gole, Lothbury; Yates, Welchpool.

Tingle, Tho, Greenoside, Ecclesfield, and Sheffield, York, Gadd, John Sale, Woolwich, Kent, Linen Draper. Jones

Tronfounder. Rodgers, Devonshire Square; Rodgers & Size Lane; Turquand, Off. Ass.

Son, Sheffield. Goulden, Geo., Liverpool, Wine and Spirit Dealer Brid

| Wright, Wm., Heathfield, Lewes, Sussex, Dealer. ger, Finsbury Circus; Prancis & Co., Liverpool.

King, Heathcote, Michael & John, Manchester, Merchants. Duck.

Horslydown Lane, Southwark.

I Wakefielá, John, Manchester, Silk Hat Manufacturer. worth & Co., Manchester; Taylor & Co., Bedford Row.

Duckworth & Co., Manchester; Taylor & Roscoe, bedHoward, John, St. Maryat Hill, London, Victualler. Ed.

ford Row, wards, Off. Ass.; Martineau & Co., Carey Street, Lin

Wighunan, Geo., Manchester, Victualler. Bower, Chancery coln's Inu. Hemings, Tho., Great George Street, Bermondsey, Bacon

Jane; Owen & Co., Manchester.

Wilkinson, Wm.. Handsworth, Staftord, Tailor. Norter Drier. Crorker & Co., King Street. Cheapside; Whit

and Co., Gray's Inn Square; Hawkins & Co., Birming. more, Off. Ass.

ham. Hampson, Smith, Pilkington, Lancaster, Dyer. Williamson

Ward, Geo., Clare Street, Clare Market, Hatter. Kitchenet, & Hill, Gray's Inn; Wheeler, Manchester

Off. Ass. ; Carter, High Street, Borough. Hopkins, Alex. Bowen, and Philip Burgess, Commercial

Wilson, Geo., Brompton, Northallerton, York, Linen MaPlace, City Road, Tobacconists. Green, Off. Ass.;

nufacturer. Smithson & Co., New Inn; Dunning & Co., Sangster & Co., Bond Court, Walbrook.

Leeds. Holden, George, Salford, Lancaster, Calendarman, Print.

Welby, David, Nuttingham, Currier. Feurnhead & Co., Finisher, &c. Clarke and Co., Lincoln's Inn Fields; Grunty, Bury.

Nottingham; Johnson & Weatherall, Temple.

Wright, Peter, High Street, St. Giles, Bookseller. Hodgson, John, Liverpool, Merchant. Hall & Bishop.

Grecta,

Oil'. Ass.; Bous field, Chatham Face, Blackfriars. Great James Street, Bedford Low: Neal, Liverpuol.

Youlton, William Webster, Devonport, Tailor. Lane and Harrison, James, Birmingham, Auctioneer. Whitehouse,

Co., Goldsmith's Hall, Aldermanbury ; Gilburd, DevonCastle Street, Holborn; Rowlinson, or Colmore, Birmingham,

port.

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CHANGES MADE IN THE LAW IN, lands therein comprised (s. 5). And it further

THE LAST SESSION OF PARLIA./ enacts, that the tenure of ancient demesne, where MENT, 1833.

suspended or destroyed by fine or recovery in No. VIII.

a Superior Court, shall be restored in cases in which the rights of the lord of the manor shall

have been recognized within twenty years THE FINE AND RECOVERY ACT.

(s. 6).

By the present law, if any error is made in 3 & 4 W. 4. c. 74.

the description of the names of the parties to One of the most important acts passed in the a fine or recovery, or of the parcels thereby last session of parliament, is the Act for the conveyed, application must be made to the abolition of Fines and Recoveries. The ex- | Court of Common Pleas, for the purpose of istence of these fictitious assurances has long having the fine or recovery amended. Under been considered a considerable hardship, and the present act this will be no longer necessary, some simpler plan for effecting the objects for as fines and recoveries are made valid without which they were employed, has long been amendment in these particulars (s. 7 and 8). called for. This is now given by the present Recoveries are also made valid in certain act; and we shall briefly state its provisions. cases where bargain and sale is not duly in.

Its first enacts, that no fine or recovery shall rolled (s. 10). And recoveries invalid in conbe levied or suffered after the 31st of Decem sequence of there not being proper tenants to ber, 1833 (s. 2). And that persons liable after the writs of entry, are also made valid in cer. the 31st December, 1833, to levy fines or suffer tain cases (s. 11). recoveries under covenants may effect the pur- Provision is next made for the records of poses intended by means of this act; but in fines and recoveries in the Courts of Common any case where the purpose of a fine or recovery Pleas at Westminster and Lancaster, and the cannot be so effected, the persons liable to levy Court of Pleas at Durham, after the 31st of fines or suffer recoveries, shall execute a deed, December, 1833 (s. 13). which shall have the same operation as the fine Estates tail could also be barred by the docor recovery (s. 3). It then provides for fines and trine of warranty. By the present act, they recoveries of landsin ancient demesne,and enacts will no longer be so (s. 14). that fines and recoveries of lands in ancient de- Having thus disposed of fines and recoveries, mesne, when levied or suffered in a Superior the act proceeds to enable tenants in fee simple, Court, may be reversed as to the lord by writs or for a less estate, to dispose of their estates of deceit, the proceedings in which are now (s. 15). But the power of disposition is not to pending, or by writs of deceit hereafter to be be exercised by women tenants in tail ex probrought, but shall be as valid against the parties visione viri, under 11 H. 7. c. 20, except with thereto, and persons claiming under them, as assent (s. 16). And except as to lands in setif not reversed as to the lord (s. 4). And that tlement before this act, the act 11 H. 7. c. 20, fines and recoveries of lands in ancient demesne, repealed (s. 17). levied or suffered in the Manor Court, after The power of disposition is not to extend to other fines and recoveries in a Superior Court, tenants in tail, where the reversion is in the shall be as valid as if the tenure had not been crown (s. 18). changed (s. 5). And provides, generally, that After the 31st December, 1833, persons fines and recoveries shall not be invalid in other holding base fees may enlarge them (s. 19). cases, though levied or suffered in Courts The issue inheritable are not enabled to bar whose jurisdictions may not extend to the expectancies (s. 20). NO. CLXVI.

2 F

434

Changes in the Law during the last Session of Parliament.

And as a check against improvident alien- , without his consent (s. 48); and the order of ation, a “protector of the settlement" is created the Lord Chancellor is to be evidence of conby the act; and it is enacted, that the owner of sent (s. 49). the first existing estate under a settlement, The act is generally to apply to copyholds prior to an estate tail under the same settle- (s. 50); and ss. 51 & 52 provide for the deed of ment, is to be the protector of the settlement. consent and the entry of it on the court rolls, (s. 22.)

where the protector of a settlement of copyEach of two or more owners of a prior estate holds consents by deed to the disposition of a to be the sole protector as to his share (s. 23). tenant in tail (s. 51).

In some instances a married woman alone Equitable tenants in tail of copyholds may shall be the protector ; in others she and her dispose of their lands by deed (s. 53); and inhusband together shall be protector (s. 24). rolinent not necessary as to copyholds (s. 54).

No tenant in dower, hcir, executor, &c. to In case of the bankruptcy of a tenant in tail, be protector, except in the case of a bare trus- the commissioner of bankrupts is by deed to tee (s. 27).

| dispose of the lands of the bankrupt to a purBy section 32, any settlor may appoint the chaser (s. 56). protector (s. 32).

| So also if a tenant in tail entitled to a base In cases of lunacy the Lord Chancellor, or fee shall become bankrupt, and there is no Lord Keeper, or Lords Commissioners, or other protector by deed, the commissioner shall dispersons intrusted with lunatics, or in cases of pose of the lands of the bankrupt to a purtreason or felony, &c. the Court of Chancery is chaser (s. 57). to be the protector (s. 33).

| But in such case the deed of disposition of Where there is a protector, his consent re- freehold lands, and the entry on the court rolls quisite to enable an actual tenant in tail to of the deed of disposition of copyhold lands, create a larger estate than a base fee (s. 34), and of the deed of consent, must be enrolled

Where there is a base fee and a protector, his (s. 59). consent is requisite to the exercising of a power A voidable estate created in favour of a pur. of disposition (s. 35).

chaser by an actual tenant in tail becoming The protector to be subject to no control in bankrupt, or by a tenant in tail entitled to a the exercise of his power of consenting (s. 36). base fee becoming bankrupt, will be confirmed

A voidable estate by a tenant in tail, in favour by the disposition of the commissioner if no of a purchaser, will be confirmed by a subse- protector; or being such, with his consent; or quent disposition of such tenant in tail under on there ceasing to be a protector; but not this act, but not against a purchaser without against a purchaser without notice (s. 62). notice (s. 38).

Acts of a bankrupt tenant in tail will be void Base fees, when united with the immediate against any disposition under this act by the reversions, are in future to be enlarged, instead commissioner (s. 63). of being merged (s. 39).

Subject to the powers given to the commisTenant in tail to make a disposition by deed sioner and to the estate in the assignees, a bankas if seised in fee, and therefore by any deed rupt tenant in tail shall retain his powers of now employed by a tenant in fee; and if a disposition (s. 64). married woman, with her husband's concur- The disposition by the commissioner of the rence, but not by will or contract (s. 40). lands of a bankrupt tenant in tail shall, if the

Every assurance by a tenant in tail, except a bankrupt be dead, have in the cases herein lease, not exceeding 21 years, at a rack rent, mentioned the same operation as if he were or not less than 5-6ths of a rack rent, is to be alive (s. 65). inoperative, unless inrolled in Chancery within Every disposition by the commissioner of six months. 28 H. 8. c. 16. (s. 41.)

copyhold lands, where the estate shall not be Consent of the protector is to be given by equitable, is to have the same operation as a the same assurance, or by a distinct deed surrender, and the person to whom such land (s. 42); and if by distinct deed, to be consi- shall have been disposed of may claim to be dered unqualified, unless he refer to the assur- admitted on paying the fines (s. 66). ance (s. 43).

Assignees are to recover rents of the lands Protector is not to be able to revoke his of a bankrupt of which the commissioner has consent (s. 44).

| power to make disposition, and to enforce coA married woman protector to consent as a venants as if entitled to the reversion. This feme sole (s. 45).

clause to apply to all copyhold lands; but as Consent of a protector by distinct deed void, to other lands, only to such as the commisunless inrolled with or before the assurancesioner may dispose of after the bankrupt's death (s. 46).

(s. 67). Courts of equity are excluded from giving All the provisions of the act, in regard to any effect to dispositions by tenants in tail, or bankrupts, shall apply to their lands in Ireland consents of protectors of settlements, which in (s. 68); and deeds relating to the lands of bankcourts of law would not be effectual (s. 47). rupts in Ireland to be inrolled in the Court of

The Lord Chancellor is to have power to Chancery there (s. 69). consent to a disposition by a lunatic tenant in The previous clauses, with certain variations, tail, and to make such orders as shall be thought are to apply to lands of any tenure to be sold, necessary; and if any other person shall be where the purchase money is subject to be injoint protector, the disposition not to be valid vested in the purchase of lands to be entailed,

Changes in the Law.-Legal Biography, No. III.

435

and where money is subject to be invested in The Chief Justice of Common Pleas is to like manner (s. 71).

appoint the officer with whom the certificates Lands of any tenure in Ireland, to be sold, shall be lodged, and the Court to make orders where the purchase money is subject to be in touching the examination, memorandums, cervested in the purchase of lands to be entailed, tificates, affidavits, &c. (s. 89). and money under the control of a court of married woman is to be separately exaequity in Ireland, subject to be invested in like mined on the surrender of an equitable estate manner, to be subject to this act in cases of in copyholds, as if such estate were legal bankruptcy (s. 72); and the former acts!relating | (s. 90). to money directed to be entailed, 39 & 40 G.3.) The Court of Common Pleas in the case of a c. 56, and 7 G. 4. c. 45, are repealed (s. 70). husband being lunatic, may dispense with his

Every deed to be inrolled by which lands or concurrence, except where the Lord Chancellor, money shall be disposed of under this act, is to or other persons intrusted with lunatics, or the take effect as if inrolment not required (s. 74). | Court of Chancery, shall be the protector of a

The Court of Chancery is to regulate the settlement in lieu of the husband (s. 91). fees to be paid for the inrolment of deeds, &c. (s. 75).

The Court of Common Pleas is to regulate the fees for entries on court rolls and indorsements on deeds, and for taking consents (s. 76). LEGAL BIOGRAPHY. The other great object of fines and recove

No. III. ries, and more particularly of the former assurance, was to enable married women to dispose of their lands. It was therefore necessary to provide for them by the present act;

CHIEF JUSTICE COKE. and it is therefore enacted, that a married wo

[Concluded from page 394.] man, with her husband's concurrence, is to dispose of lands and money, subject to be in- WE proce

6 be in- / We proceed now to give an account of the vested in the purchase of lands, and of any writings of Sir Edward Coke, and to sum estate therein, and to release and extinguish up his character as an Author and a Judge. powers, as a feme sole (s. 77). But the powers “ His learned and laborious works on the of disposition given to a married woman by Laws,” says Fuller (in his “ Worthies"). this act, not to interfere with any other powers" will be admired by judicious posterity, (s. 78). Every deed by a married woman, not exe

while Fame has a trumpet left her, and

We shall cuted by her as vrotector. to be acknowledged any breath to blow therein.” by her before a Judge, &c. (s. 79).

enumerate his works in the order of their The Judge, before receiving such acknow- publication, and offer a few examples of his ledgments, to examine her apart from her hus- style and composition. band (s. 80).

With this view, we have first to notice Perpetual commissioners for taking such « The Reports.” as by way of eminence acknowledgments, are to be appointed for each). county or place, and the making out and

and they are styled, the first part of which was keeping of the lists of the commissioners, and I published in 1600. It is called (though he the delivery of copies (s. 81).

was not then knighted) “ Reports of Sir Power of perpetual commissioners not con- Edward Coke, Knight, Her Majesty's At. fined to any particular place (s. 82).

torney General, of divers Resolutions and If, from being beyond seas, &c., a married | Judgments given with great deliberation by woman be prevented from making the acknow

the reverend Judges and Sages of the Law ledgment, special commissioners to be appoint

which were never resolved or adjudged beed (8.83). When a married woman shall acknowledge

fore: and the reasons and causes of the a deed, the person taking the acknowledgment said Resolutions and Judgments, during the to sign a memorandum to the effect here men most happy reign of the most illustrious tioned (s. 84).

and renowned Queen Elizabeth, the FounAnd also sign a certificate of the taking of tain of all Justice and the Life of the Law." such acknowledgment, to the effect here men

e nen! Ten more parts were afterwards pub

Ten more tioned (8. 84). And certificates with affidavit,

| lished, during the lifetime of Coke; the last verifying the same, are to be lodged with some : officer of the Court of Common Pleas, who

in the year 1615, while he was Chief Jusshall cause the same to be filed of record in the tice of the King's Bench. Two SuppleCourt (s. 85).

mentary Books were added after his death. On filing certificate, the deed by relation to We have already mentioned (p. 393) take effect from time of acknowledgment that on the dismissal of Coke from his office (s. 86).

of Chief Justice, he was enjoined to revise The officer with whom the certificates are lodged, is to make an index of the same (s. 87);

This Reports. After three months, he gave and deliver a copy of certificate, filed, which I a list of such errors as he had detected; but shall be evidence (s. 88).

they were generally of a verbal kind, and

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436

Legal Biography. of little importance. Five of the special | him in a ready way to the knowledge of the cases, however, were selected as the ground National Laws of England.” “ This work of charge against him. These were all an- we have called the First Part of the Insti. swered by Coke to the satisfaction of all | tute, for two causes : first, for that our auwho understood the matter in dispute ; and thor is the first book that our student it appears, indeed, that his adversaries were taketh in hand : secondly, for that there ashamed of the task imposed on them. The are some other parts of Institutes not yet subject was afterwards renewed when Bacon published, viz. the Second Part, being a was Lord Chancellor, and Coke demanded Commentary upon the Statute of Magna that the matter should be openly inves-Charta, Westminster ist, and other old tigated before the twelve Judges, and that Statutes. The Third Part treateth of Crithey miglit at the same time certify what minal Causes and Pleas of the Crown: cases he had published, “ for the main- which three parts we have, by the goodness tenance of the royal perogative and benefit, of Almighty God, already finished. The for the safety and increase of the revenues Fourth part we purposed to be of the Jurisof the church, and for the quieting of men's diction of Courts; but hereof we have only inheritances, and the general good of the collected some materials towards the raiscommonwealth.” This was requiring the ing of so great and honorable a building. whole truth to be found ; and his enemies We have, by the goodness and assistance of thought it prudent to abandon the inves- Almighty God, brought this twelfth work to tigation. Bacon did him the justice to say, an end : in the eleven books of our Reports, that “ had it not been for Sir Edward we have related the opinions and judgments Coke's Reports (which, as he said, though of others; but herein we have set down our they may have errors and some peremptory own.” and extra-judicial decisions, more than are several of his works were not published warranted, yet they contain infinite good until after his death. They appeared in the decisions and rulings of cases,) the law by following order : A Treatise of Bail and this time had been almost like a ship with- Mainprise, in 1637; the Complete Copyout ballast; for that the cases of modern holder, in 1640; the Second, Third, and experience are fled from those that are ad- Fourth Parts of his Institutes, between 1642 judged and ruled in former time.”

and 1644, inclusive; and the Reading on In 1614 he published his Book of En- | the Statute of Fines, 27 Edw. 1, in 1662. tries.

His descendant, Mr. Coke of Norfolk, is In 1628 his first Institute, or Commen- in possession of the following unpublished tary on Littleton, appeared. He was then manuscripts of Coke : in his seventy-eighth year. This, as our A curious Statistical Account of Engreaders are generally aware, is a Commen- / land; and tary on Judge Littleton's Treatise of Tenures, A Treatise concerning the Nobility of written in the reign of Edward 4, and which England, according to the Law of England. Coke calls “ the ornament of the common The original Manuscripts of the Book of law, the most perfect and absolute work Entries, and of the Reports in Law French, that ever was written in any human sci- are also in the collection, as well as the ence." Sir William Jones described it as Report of Shelly's and Calvin's Cases, in “ the English Lawyer's great master,” and the handwriting of Coke. in its composition, remarkable for “ luminous method, apposite examples, and a clear, We proceed now to make some extracts manly style, in which nothing is redundant, from the works before us, which will afford nothing deficient.”

| a specimen of the authorship of Coke, and It is observed by Blackstone, that Coke's the style and manner of composition of the “ Institutes” have little of the Institutional age in which he lived. method to warrant such a title, and that The same spirit which characterized the the Commentary, though a rich mine of divines and metaphysicians of the time, exvaluable common law learning, is particu-tended itself to law writers. The most larly remarkable for deficiency of method. formal and minute subdivision of every subThe best answer that can be given to this ject was adopted, and quaint and fanciful criticism is by Coke himself, who thus de- reasons were attempted to be assigned on scribes the object of his work :

every occasion. Thus, in the Commentary I have termed them Institutes," he on Littleton, after going through various says, " because my desire is they should other kinds of tenures and services, he proinstitute and instruct the studious, and guide ceeds to “ socage,” which he classes under

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