Page:Marvin, Legal Bibliography, 1847.djvu/480

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LIT probably as early as 1481, in which year the author died. Those who are curious in these matters, may consult Dibden's Ames, and the pre- faces of Hargrave and Butler's Coke Littleton ; for it is foreign to my purpose to notice but few of the elder and the modern editions of the Tenures. They do not appear to have been cited as an authority, until by Fitz-herbert, in his Abridgment, William West, the author of the Symboleography, divided the Tenures into sections in the edition of 1585 ; previous to this time the text ran along continuously, and the only divisions were^into chapters. An English version appeared early in the sixteenth century, and a modern French one may be found in Hoiiard's reprint of ancient English law books. The modern editions are Har- p-rave and Butler's edition of Coke's I. Institute; Littleton's Tenures, in English, printed from the second edition of Coke Littleton, with notes and a preface, by ZT. B. Kerr, l2mo., London, 1813; in English, from the Rohan edition, with notes, by H. lioscoe, l2mo., London, 1825; and a new edition, in English, l8mo., London, 1831, 2d ed., 1845. The editions in French and English, are more numerous than those of any law book, except, perhaps, those of the Corpus Juris Civilis, and its compo- nent parts. " A great many of these editions are very faulty, and cau- tiously to be used ; turning the foolish marginal notes (of some illiterate owners of the MS. copies,) into the text, and 'senselessly quoting Cases that were never thought on by the author himself." The first two books of the Tenures, are a Commentary upon Le antient livre de Tenures, which " was the. work of a grave and discreet man in the reign of Edward IIL" It is supposed that the Tenures never received the finishing hand of the author, because in the table of the early editions several titles are given which are not found in the body of the hook. Another fact worthy of notice in the early edi- tions, is the absence of authorities in support of the rules and illus- trations which the author lays down. No law book ever written, has received such unqualified approbation, or attained such absolute authority, as Littleton's Tenures, and Coke's commentaries upon them. It arose, in part, from the judicial station of the author, the depth of thought and learning displayed, the manner of treating the subject, and its plain, unostentatious, and forcible style. " Whenever he has a point to handle, which is not thoroughly settled, he generally states the different opinions on it, and then gives his own reasons for differing or agreeing with either ; and where he does not deliver an opinion declaredly his own, the last is supposed to be that which he is inclined to adopt. This open and candid way of discussing, added to the known abilities of the author, acquired him great confidence with posterity ; any thirg out of Littleton, has been usually taken upon that authority alone. Thus, the want of references, which at first might seem a want of authenticity, has, in the end, administered to the fame of this writer ; as opinions, which other- wise might be vouched from an adjudged Case, arc now wholly rested 468