Page:Marvin, Legal Bibliography, 1847.djvu/768

YEA. Hen. VIII. Here the venerable Vear-Books close, extending over a period of more than 200 years, with the field left open to any adventurer who chose to collect Cases for his private use, or with a view of publication. 4 L. M. 5; North's Study of Law, 21 ; 1 North's Life of Guil. 27; Nic. Eng. Lib. 180; 4 Reeves' Hist. 411 ; Bridgman's Bib. 379. These venerable tomes, which Bracton calls "the judgments of the just," from whence Littleton, Hobart, Hale and Coke, drew so much valuable ore, melting it into ingots and refining and sending it abroad as the current coin of the Common Law, now repose in almost undisturbed tranquillity. " While these books," says Viner, " were the only maga- zines or repositories of the law, the Profession was in great esteem; there was then no ebb or poverty of legal knowledge, but the tides of law rolled high." In former times a careful perusal of these grim visaged volumes, written in a barbarous language, with innumerable contracted words, without any marked distinction between the language of the Court and Counsel, was the only direct road to a knowledge of the law. " The Year-Books," says Fulbeck, " are all to be read if the student will attain to any depth in the law. In them he shall see nota- ble arguments, well worthy of perusal and consideration ;" and a greater than Fulbeck says, "out of these old fields the new corn must spring." Even as late as Lord Mansfield's time, " few persons," says he, " would confess that they had not read a considerable portion of the Year-Books." Serjeant Maynard's relish for them is shown by his ordinarily travelling with one in his coach, to read for pass-time ; which he said he chose before any comedy. They are called Year-Books or Annals, because the Cases were collected and published annually, by persons designated for the purpose ; but to whom we are indebted for their compilation, with the exceptions heretofore given, has not been transmitted to us. "Their names, with their bodies, have been worn away with the worm of oblivion." They are thought to have been collected by the Prothonotarics of the Court, or by four chosen men appointed for the purpose, who attended Court, took down what transpired during the pro- gress of a cause, and by comparing notes corrected and furnished the Cases as we now have them; but even this information is traditionary rather than grounded upon conclusive evidence. However, or by whom- soever compiled, they are the principal sources of the ancient Common Law, and of great authority. The Year-Books are among the earliest productions of the press in England, but, unfortunately, were printed in detached parts and at difTercnt times, as the MSS. were preserved and came into the hands of those who were interested in making them public. Some of the MSS. are irretrievably lost, but others exist which have never been printed, and it is remarkable that when the Year-Books were reprinted, in 1G78— 79, that the wanting years were not supplied from these authentic and accessible sources. A new edition, in English, with the extant MS. additions, has been proposed, but from the fact that 756