Bacon's Abridgement

A new Abridgment of the Law is a book by Mathew Bacon.^[1] The most recent English edition was published in 1832.^[2]

In 1847, J. G. Marvin said:

This work is probably in more general use in the United States than any other English Abridgment of the Common Law. The various titles being written in the form of dissertations, renders it quite a law library in of itself. Bacon's Abridgment, as originally published, was for the most part composed of dissertations or treatises, more or less complete written by Baron Gilbert. This distinguished author contemplated writing distinct treatises upon all branches of the law, except the criminal, some of which he had completed and others were in an unfinished state at his death. These dissertations or treatises, were arranged for the press and published by Matthew Bacon, who sometimes gave them at length, at others only making extracts from them, without attempting to correct the errors or supply the deficiences of the manuscripts. "The compiler seemed to have little inclination to supply the deficiencies of his author as he had sagacity to mark or correct his errors." Bacon died before completing his task, and the titles commencing with Simony and ending with Verdict, were added by Sergeant Sayer, and the residue of the titles by Owen Ruffhead. Mr. Viner makes the following remarks respecting the sources from whence Bacon's Abridgment was originally compiled: "I take all the introductory and new parts thereof, and which are the recommendations of the work, to be a collection from the MSS. of the Ld. Ch. B. Gilbert, from the Lord Ch. J. Hale, Mr. Sergeant Hawkin's Pleas of the Crown, and Mr. Dawes' annotations on several acts of Parliament, which, with a transcript of several acts of Parliament at large, for many pages together, and with a few new cases, amounting to a very few sheets in the whole, is almost the total of the work. These annotations of Mr. Dawes', (except, I think in one place only,) together with the multitude of references from Mr. Serg. Hawkins, are carried off in triumph, without any acknowledgement of the real author." In this state the work passed through four editions, with some slight additions by unknown hands. In 1786, Mr. Cunningham prepared and published a Supplement to Bacon's Abridgment. In 1798, the fifth edition of the Abridgment was published in 7 vols. 8vo., edited by Sir Henry Gwillim. This learned editor most carefully revised the whole text, omitting or pointing out such parts as were evidently wrong, and completing such titles as were imperfect. The editor added two more titles, viz: Pischary and Set-off; and published entire, from the original manuscript, Gilbert's Treatise upon Remainders, of which only extracts had been published in the previous editions of the Abridgment. The sixth edition, in 1807, is merely a reprint of the former one. The first American edition of Bacon, was published in 1809, in 7 vols. 8vo. It was edited by Bird Wilson, and purported to contain the additions of the late English and American decisions. The additions were not numerous nor or of much value, and contain many typographical errors. The seventh English edition appeared in 1832. Several editors were concerned in the preparation of the work. It was no inconsiderable labor to incorporate into the various titles the decisions which had been accumulating for more than thirty years. This however, satisfactorily performed. Sir Henry Gwillim prepared vols. 2, 3 and 4, when the bad state of his health compelled him to abandon the work. Vols. 1, 5, 6, 7, 8, and the addenda to the other vols., were prepared by C. E. Dodd, assisted by Mr. Blanshard, from Legacies and Devises to Monopoly. To this edition another volume was added, and all of the other volumes were much enlarged. The second American edition of Bacon appeared in 1842 - 46, in 10 vols., edited by John Bouvier, a gentleman well known to the profession as the author of an excellent Law Dictionary. This is a reprint of the last English edition, with the annotations of all previous editors, and copious references to the American decisions down to the time of publication. In the first three vols. the editor confined his annotations to the American decisions only, but in the remaining vols. he refers to the late English as well as American Reports. This edition of Bacon is by far the best for the American lawyer. Bacon's is not a complete Abridgment of the law, but in its present improved state it will be found a highly valuable and correct book of reference.

The authority of Bacon's Abridgment, in its present improved state, is as good as most elementary writers. It is one of the earliest works in which it was attempted to give the result of the decisions upon the various branches of the law, and for this peculiarity has upon several occasions been referred to as a work to be read with caution. This remark would as well apply to four fifths of all law books as to Bacon's Abridgment. Lord Elden cited Bacon as an authority in 7 Ves. 448; see also 2 Blk.'s Com. 323, n., 1 Morgan's Atty. Vade Mecum, Pref. 10. The best accessible source to the old law, is to be found in Bacon's Abridgment, and it must continue to hold a respectable rank in every lawyers library.

Prefaces to the various editions of Bacon; 7 L. M. 129; Woodesson's Elem. of Jurispr. 102; 6 L. R. 91; 1 A. L. M. 468; Bridgman's Leg. Bibliography; 1 Kent, 510; Brooks' Bib. Leg. Ang. pt. 2d. 234; 1 Hoffman's Leg. Study, 325; Warren's Law Studies, 779; 18 Viner's Abridg., Pref.^[3]

See also

• Books of authority
• Viner's Abridgment
• D'Anvers' Abridgment
• Rolle's Abridgment
• Anthony Fitzherbert

References

• Bacon, M. A new Abridgment of the Law. With large additions and corrections, by Sir Henry Gwillim and C. E. Dodd, and with notes and references made to the edition published in 1809, by Bird Wilson; to which notes and references to American and English law and decisions have been added, by John Bouvier. 10 vols. 8v. Philadelphia. 1842.

External links

• Bacon et al. A New Abridgment of the Law. Sixth Edition. Dublin. 1793. Vols 2, 3, 4 and 5