Page:Marvin, Legal Bibliography, 1847.djvu/230

COM COMYNS, SIR JOHN. A Continuation of Comyns' Digest of the Laws of England, brought down to the present time by a gentle- man of the Inner Temple, fol. London. 1776. 2d ed. of Comyns' Digest, with the continuation included under one alphabet, fol. London. 1781. 3d ed. with additions, by Stewart Kyd. 6 vols. 8vo. London. 1792. 4th ed. enlarged and continued down to the present time, by Samuel Rose. 6 vols. 8vo. London. 1800. 5th ed. enlarged and continued to the present time, by A. Ham- mond. 8 vols. 8vo. London. 1822. 1st American from the 5th London ed. with the additions of the principal American decisions, by Thomas Day. 8 vols. 8vo. New York and Phi- ladelphia. 1824-26. The most esteemed editions are the first and fifth English, and first American. Judge Story says, " the first is far superior to all the late editions. The modern editions have the addition of the modern Cases, it is true, but they consist of the marginal notes of the reporters, thrust into the text without order or propriety, and destroy symmetry and con- nexion." The method and style of Corayns' Digest, differs considerably from any similar production, being based upon a systematic and scien- tific distribution and subdivision of the titles of the law. The author first lays down a general proposition, which he supports and illustrates by examples and authorities, and these are branched out and divided into consequential positions illustrated and supported in the same man- ner, and finally the doctrines are qualified or restrained by exceptions; "all which is done with remarkable clearness and conciseness of ex- pression, and the information desired is seldom long sought after in vain." It has the honor of being cited and received as an authority in Courts of Justice, which reputation few text books and no other Digest enjoys. Even Comyns' opinions or dicta, have been regarded with all the consideration that is due to decisions of the highest judicial tribu- nals. Lord Kenyon, in alluding to a position in the Digest, says — Comyns " has not indeed cited any authority for this opinion, but his opinion alone is of great authority, since he was considered by his con- temporaries as the most able lawyer in Westminster Hall." Chief Jus- tice Best also remarks, upon citing Comyns: "This he lays down on his own authority, without referring to any case ; and I am warranted in saying, we cannot have a better authority than that learned writer." For its exact and methodical analysis, for the succinct, perspicuous, and compressed form in which the cases are stated, Comyns' Digest stands unrivalled in the annals of the law. Its extreme condensation of autho- rities, renders it chiefly valuable as a book of reference to the Reports, and by its wonderful accuracy rarely leads the consulter astray. The author seems to have particularly exerted himself in elaborating the 218