with that modesty which sometimes marks the character of distinguished worth, seems disposed to apologize for the publication of his work, in the presence of those of professor Stearnes, and of Mr. Roscoe. The student, however, who cannot but think very highly of the preceding works, would have had just cause of regret, had judge Jackson withheld his very satisfactory treatise. The three works, seem to us, all that we can desire on the learning of real actions, as it stands at present in England and in this country, as the unimportant differences that may exist in the practice, in some of the other states, may be easily supplied.

(Note 27.) THE MODE OF REFERRING TO COKE'S REPORTS.—Although the year books and the reports of lord chief justice Dyer and Mr. Plowden are of great merit, those of lord Coke have attained a celebrity which has nearly obscured the labours of his predecessors, for it is comparatively but seldom that we are referred to the pages of Plowden, Dyer, or the year books; yet when these works are cited, it is with great respect for their authority. The Reports of lord Coke, have, at all times, been highly valued, and as an indication of permanent merit, are usually cited as 1, 2, 3, Rep. the author ever being understood. The work is divided into thirteen books, which are cited by Coke himself, as Lib. 1, 2, 3, &c. The first eleven books were published by lord Coke, and of their authenticity there never was a doubt. The twelfth part was published some time after his death, and is certified by Bulstrode as the genuine production of lord Coke. The thirteenth book is represented in a preface by J. G. to be from the same distinguished reporter.

In respect to the paging, also, of Coke's reports, it is proper to apprize the student, that, although it is generally paged like

the First Institute, there are some editions which have adopted the ordinary mode; which, if not known, may produce some inconvenience in referring. Thus, for example, Spencer's case, in the one edition, would be cited as of p. 16. a. and in the other, as of 32. a. The student, in such cases, has nothing more to do, when he fails to find the case at the place cited, than to either double, or halve the number.

(Note 28.) ON THE WORD 'RESOLVED, IN COKE'S REPORTS. In the rules we have given the student, to be observed by him in reading lord Coke's Reports, we have cautioned him to discriminate between the extra-judicial opinions of the court, those of counsel, and the reporter, and the points expressly decided. In the case of Yates v. the people, 6 John. Rep. 441, the chancellor observes that the word 'Resolved,' imports an express adjudication, not an obiter dictum. This is a technical legal word, made use of appropriately to distinguish the opinions of the court, (through the whole of Coke's Reports, and several other reporters,) from loose sayings of their judges, which have not the weight or authority of strict judicial decision.

(Note 29.) AMERICAN REPORTS.-In examining the history of knowledge and learning in this country, nothing is more remarkable than the rapid advancement which has been made in public and municipal law. If literature and many of the sciences and fine arts have advanced but slowly, the science of jurisprudence has been carefully and assiduously cultivated by us, and with a talent and zeal no way inferior to what are displayed in the trans-atlantic world. The philosophy of government has been unfolded, theoretically and practically, and more advantageously displayed than perhaps in any other

nation. Private or municipal law has been fostered and improved to such a degree, that the liberal minded and learned men in the land of our progenitors will shortly, no doubt, resort to the decisions of our courts with confidence and pleasure, and find in them all the evidences of deep.thought and profound research, which the pages of Coke, Burrow, Douglas, Cowper, East, &c. so amply afford.

Notwithstanding law has been studied and practised in this country with the most brilliant success for more than half a century, and the bench and the bar have been ornamented by legal talents and learning of the most distinguished order, it is only within the last few years that this science has been written upon, at least to any extent; and that the decisions of our courts of justice have been preserved by printed reports. Five hundred years have passed since the first publication of judicial decisions took place in England, and from that period to the present time, with but few chasms, we have a regular history of the law, as evidenced by the decisions of the various courts of that country.

The unwritten or common law, and the various applications and constructions of the statute law, are chiefly derived from this source. We therefore, have no cause of surprise, that this branch of the English law occupies at least six hundred volumes of reports, more than one hundred of which are folios. To this copious source, until lately, was the American lawyer compelled to resort for instruction; for we had no reports until Connecticut set the example; and which was soon followed, in the year 1790, by the reports of Alexander James Dallas, of Pennsylvania. From that time until 1803, there were only a few books of reports published; but from that period to the present, the catalogue has been increasing more than monthly. We doubt not that an enumeration of the American books of

reports will prove useful and acceptable to our student, for which we refer him to the title 'Legal Bibliography,' of this Course.

(Note 30.) 'MISCELLANEOUS.'-Under this head, which is annexed to most of the titles in this Course, are embraced such readings, essays, pamphlets and opinions of eminent lawyers, &c. as are well entitled to a place in this work; but which on account of the ephemeral form in which they are sometimes given to the world, and the consequent difficulty of obtaining them, and their being chiefly censorial or speculative, we have placed rather as an appendage, than an invariably essential, or integral part of this Course.

It is certain, however, that legal essays, opinions, and such like occasional productions of the learned, frequently display the genius and entire strength of their authors, unfold in a clear, solid and argumentative manner the true merits of a subject; are sometimes the distillation of the most elaborate research, and are often better entitled to be resorted to, than the regular treatise, or deliberate judicial opinion. In the selection we have made of this species of matter, we have been specially cautious; the student, therefore, if really zealous in the pursuit of legal knowledge, will place a high value on these selections; and, if practicable, will procure and read the articles, with due care.

*For additional remarks on this subject, vide Note 10, on the thirteenth title.

PARTICULAR SYLLABUS.

TITLE IV.

In tutelis, societatibus, fiduciis, mandatis, rebus emptis, venditis, conductis, locatis, quibus vitæ societas continetur; in his discipuli est intelligere, quid quemque cuique præstare oporteret.-Cic. De Off. Lib. iii. sec. 17.

THE LAW OF PERSONAL RIGHTS, AND PERSONAL REMEDIES.

I. THE LAW OF PERSONAL RIGHTS. (Note 1.) e. 1. Kent's Commentaries. [The second volume, which treats of Personal Rights, and of Personal Property, to be at this time carefully reviewed.] (Note 2.)

2. Bacon's Abridgment. [The following select chapters, to be studied in the order now stated.] (Note 3.)

1. Marriage and Divorce.