The Study of Legal Biography
painting lend themselves to this work, that a portrait painted by Sir Joshua Reynolds, or Sir Thomas Lawrence, or
by Sir Peter Lely, or by Holbein, to get back into more ancient days, en
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question, until we reach a point in time and the place of discharge of legal force. A leading case becomes a part of the wondrous warp and woof which the
art of engraving in England, which por
judges are perpetually weaving into a fabric like the Egis for the protection of the liberties of ourselves and our
tray a man in his earliest years, through
distant posterity.
his successes at the bar, during his career
It is an astonishing thing how much we can learn simply from the exhibition of legal documents. We read about the conflict between Lord Coke and Lord Ellesmere, one the Lord Chief Justice of the King's Bench and the other the Chan
graved by the very finest masters of the
as Solicitor, or Attorney-General, and
then after his promotion to the Com mon Pleas or to the King's Bench, and from there to the Woolsack, and that
at every stage of his career we can have a definite impression on the mind
cellor, upon the question of the right of
as to what he looked like, how he was robed, who his associates were, we are
the Chancellor to restrain in equity by injunction the execution of a judgment
instinctively led to inquire something as to the man himself and learn to
recovered at law and alleged to have been fraudulently obtained, and the
know him more vividly than merely through his decisions. If we pick up books like Foss’ Dictionary of the
conflict between Coke and Ellesmere
Judges of England, Roscoe's Lives of Eminent Lawyers, Townsend's Eminent
Judges, Story's Life of Story, Benjamin Robins Curtis’ Life by George Ticknor Curtis, we see the truth of this state
ment. Biography becomes an essential element in the mastery of a knowledge of our profession. The life of the law, after all, is but the life, in the aggregate,
of its various members. We are all familiar with the value of leading cases, not only as live storehouses of prin
became of vital importance in the estab
lishment of the superior jurisdiction of chancery; but I confess that my own appreciation of the matter was very much intensified when in the course of a collection of autograph documents I finally secured a document upon which
the signatures of Lords Ellesmere and Coke stood side by side. When I sup plemented that by the collection of their portraits, when I attempted to gather around them the figures, the small simulacra of their associates, then I was
or for woe. But behind every case stands a judge, and behind every judge stands an occasion, and behind the occa
impelled to read the history of the times to see what manner of men they were, and what their real contribution to jurisprudence was. I felt that there was a principle at the basis of all this by which, if the study were intelligently
sion necessarily stands the century that
conducted, there could be found some
produced it, because these things are not accidental; and, we, in analyzing
method of appraisement—which is of great importance — of the value of judi cial judgments.
ciples, but as engines of energy for the affecting of the future whether for weal
the decisions in a leading case, are necessarily analyzing the brain of the
judge who pronounced that decision, his ancestral environment, his oppor
We have had thousands of judges in all parts of the country, even in the short time we have existed as a republic.
tunities of contact with this or that
There have been about sixteen hundred