Page:Marvin, Legal Bibliography, 1847.djvu/324

FIT marginal references are either irrelevant or mis-printed. The Writs, however, are generally correct." Fitz-herbert called his work the New Natura Brevium, to distinguish it from a Natura Brevium that was in common use when he wrote, which was afterwards denominated The Old Natura Brevium. He rarely cites any authorities, except in doubtful Cases, following the example of Littleton ; and the notes and references found in the modern editions is the work of other hands. The New Natura Brevium was compiled from the Old, and the Registrum Brevium, with original comments upon the nature and effect of writs. Its accuracy and completeness obtained for it a high reputation, and Lord Coke terms it " an exact work exquisitely penned." Mr. Reeves observes, it is remarkable that this treatise was published at a time when many of the writs were going into disuse, and soon afterwards became obsolete ; so that hardly nine parts in ten of this work make a portion of our pre- sent law. When applicable, it is of very high authority. 27 L. M. 401 ; North's Dis. 83 n. ; Eunomus, 15 ; Pref, to Hughes' Writs ; Manning's Digest, Pref. n. ; 4 Reeves' Hist. 417; Nic. Eng. Hist, Lib. 176; 9 Mod- 307; 1 Bos. & Pul. 122; 2 Mod. 193; 7 Barn. & Cres. 196; Jackson on Real Actions, Pref. ; Willes, 120. FITZ-HERBERT, SIR ANTOINE. Le Graunde Abridgement, fol. London. 1514, 1516, 1565, 1577. " In reading of the Cases in the books at large, which sometimes are obscure and mis-reported, if the reader after the diligent reading of the Case shall observe how the Case is abridged in those two great abridg- ments of Justice Fitz-herbert and Sir Robert Brook, it will both illus- trate the Case and delight the reader." It contains a digest of all the Cases in the Year-Books, down to the 21 Hen. VII., " painfully and elaborately collected," as well as Cases from the reigns of Rich. II., Edw. I. and II., Hen. III., and a number of readings and original authorities no where else to be found, which makes the Abridgment in part an original work, and gives it a value altogether its own. Whether Statham's or Fitz-herbert's was earliest published, is not known, but the latter is more comprehensive than the former, and was a vast undertaking on the part of the author, as well as the printer, for the age in which it was produced. As a repository of the old law, it still retains considera- ble value and may be relied on for accuracy, if the original authorities are not at hand. It is deficient in classification and method, but as an early digest is certainly entitled to much praise, and so carefully did the author perform his labor, that it has been held of the highest authority, and is referred to in the common edition of the Year-Books as explana- tory of the Cases. " Master Fitz-herbert must needs be commended for great paines, and for well contriving that which was confusedly mingled together in many Yeare-Books, but he was more beholden to nature than to art, and whilst he labored to be judiciall, he had no precise care of 312