I. REAL ESTATE AND EQUITY.

As introductory to this head, Lord Hale's History of the Common Law may

be perused with advantage. It was perhaps a mere sketch, intended to be

afterwards filled up and completed. Still, however, it is a work of

authority, as indeed is everything which proceeded from the pen of its

distinguished author. He is correct and accurate to a remarkable degree.

Reeves' History of the English Law is a full and comprehensive history

of the English Law, accurate and judicious as well as full. Lord

Mansfield is said to have advised its author in regard to its plan and

execution. In this work the student is presented with all that is

necessary that he should know of the earliest law-books, Bracton,

Glanville, and Fleta, carefully collected and presented. The history of

the law is separately traced under the reign of each king, and it may be

of advantage to read at the same time some good history or histories of

England parallel with the work. "Reeves' History of the English Law,"

says Chancellor Kent, "contains the best account that we have of the

progress of the law, from the time of the Saxons to the reign of

Elizabeth. It covers the whole ground of the law included in the old

abridgments, and it is a work deserving of the highest commendation. I

am at a loss which most to admire, the full and accurate learning, which

it contains, or the neat, perspicuous, and sometimes elegant style, in

which that learning is conveyed." 1 Comm. 508.

Dalrymple's Essay towards a general History of Feudal Property in Great

Britain, is a brief but learned and philosophical treatise, which may be

followed by Sullivan's Lectures on Feudal Law, a work copious in detail

and exhibiting ably, among other topics, the influence of the feudal

system upon the Modern Law of Tenures. Sir Martin Wright's Introduction

to the Law of Tenures is one of the most accurate and profound of the

essays on this topic; and is worthy of the most attentive study. Craig

de Feudis was thought by Lord Mansfield much preferable to any judicial

work which England had then produced. With these legal treatises on the

feudal system may be read with great advantage, simultaneously,

Robertson's History of Charles V, and Hallam's History of the Middle

Ages.

Sir Henry Finch's Law, or Nomotechnia, as he entitled it, may be taken

up in this connection. It is said that until the publication of

Blackstone's Commentaries, it was regarded as the best elementary book

to be placed in the hands of law students; and we have the authority of

Sir William Blackstone for saying that his method was greatly superior

to that in all the treatises that were then extant: Blackstone's

Analysis, Preface, 6. "His text," says Chancellor Kent, "was weighty,

concise, and nervous, and his illustrations apposite, clear, and

authentic;" though he adds, "But the abolition of the feudal tenures and

the disuse of real actions, have rendered half of his work obsolete," 1

Comm. 509; an objection, in the view we take of legal education, which

should rather recommend the work than otherwise.

At the same time with Finch take Doctor and Student by St. Germain--a

little book which is replete with sound law, and has always been cited

with approbation as an authority.

The Prefaces to the several volumes of Lord Coke's Reports may be read

now with great advantage. They contain much interesting information, and

strongly impregnated as they are with Lord Coke's abundant learning and

love of the law as a science and profession, they form an admirable

introduction to The First Institute, or Lord Coke's Commentary upon

Littleton's Tenures. It would be advisable, I think, to read first in

order the sections of Littleton's Tenures, the original treatise upon

which The Institute was a commentary. After that, no time or pains

should be spared to master completely The First Institute. If the course

now prescribed has been followed, the student will not require to be

reminded, that even those parts, which seem to relate to obsolete heads

of the law, ought to be read and understood. "There is not," says Mr.

Butler, "in the whole of this golden book, a single line which the

student will not in his professional career, find on more than one

occasion eminently useful." There may be some extravagance in this

assertion; but we may nevertheless agree with Mr. Ritso that "there is

no knowledge of this kind, which may not, sooner or later, be in fresh

demand; there is no length of time or change of circumstances, that can

entirely defeat its operation or destroy its intrinsic authority. Like

the old specie withdrawn from circulation upon the introduction of a

new coinage, it has always its inherent value; the ore is still sterling

and may be moulded into modern currency." The opinions of American

lawyers confirm this conclusion. It is well known that C. J. Parsons was

distinguished for his familiarity with the pages of The Institute. It

was Mr. Pinkney's favorite law book; and "his arguments at the Bar,"

says his biographer, Mr. Wheaton, "abounded with perpetual recurrences

to the principles and analysis drawn from this rich mine of common law

learning." Mr. Hoffman, in his Course of Legal Study, has also borne his

testimony to its importance to the American practitioner. Chancellor

Kent seems, as I have intimated in the note, to lean rather against Coke

upon Littleton, as an Institute of Legal Education, although he

acknowledges its value and authority as a book of reference.

It appears to me that after Coke, Preston's Elementary Treatise on

Estates may be read with advantage. He is perhaps unnecessarily diffuse

and tautological; but he enters largely into the reasons of the abstruse

doctrines of which he treats, and his work is calculated to lead the

student to inquire more earnestly into the philosophy of the science.

Fearne's Essay on the Learning of Contingent Remainders, should then be

well studied. If no other book be read over a second time, it must not

be omitted as to this. This volume is occupied in the discussion of

points of great difficulty and abstruseness; yet the style is remarkable

for clearness and perspicuity, and the reasoning is logical and

irresistible. A taste or otherwise, for this book, will test the

student's real progress. After Fearne, take up Sheppard's Touchstone of

Common Assurances--a work generally supposed to have been written by Mr.

Justice Doddridge, and not by William Sheppard, whose name it bears. It

is a most valuable book, one of the most esteemed and authoritative of

the old treatises. There is an edition by Mr. Preston, but I do not

recommend it. Had he annotated in the common way, his labors and

references would no doubt have increased the value of the book; but he

has taken liberties with the text,--subdividing it, occasionally

changing the phraseology, and inserting matter of his own: a course of

proceeding in regard to any work, except a digest or dictionary, to

which I cannot be reconciled. The Touchstone may be followed by Preston

on Abstracts of Title, and Preston's Treatise on Conveyancing.

I think that at this period, as a necessary introduction to the

succeeding studies, some works on Equity Jurisprudence should be taken

in hand; as the Treatise on Equity of which Henry Ballow is the reputed

author. It is the text of Fonblanque's Equity. It had better be read by

itself. Disquisitional notes of great length only confuse and confound

the student; and Mr. Marvin has well said that Fonblanque's Equity

"finally expired under the weight of its own notes." To this add

Jeremy's Treatise on Equity, and Story's Commentaries on Equity

Jurisprudence. The student may then read with advantage, Powell on

Mortgages, with Coventry's Notes. It is to be lamented that Mr.

Coventry did not prepare an original work, instead of overwhelming the

text of Powell with his learned and valuable labors. Chancellor Kent has

remarked, that between the English and American editors it is "somewhat

difficult for the reader to know, without considerable difficulty, upon

what ground he stands." Like the treatise on Equity, it has been nearly

choked to death in the embraces of its annotators. Bacon's Reading upon

the Statute of Uses, is a very profound treatise on that subject, though

evidently left by its great author in an unfinished state. Sanders on

Uses and Trusts, is a very comprehensive and learned work, and the

subject, which may be styled the Metaphysics of the Law, requires close

attention. Hill on Trustees, is a practical treatise, which may here be

read with advantage, as also Lewis on Perpetuities. Sugden on Powers,

has been said to be second to no elementary law book. It is a masterly

elucidation of the subtle doctrines of the law on the subject of Powers,

and is held in the highest estimation. It will perhaps be better

appreciated and understood, if with it, or after it, is taken up

Chance's Treatise on Powers,--a work more diffuse than Mr. Sugden's, and

which examines, controverts, and discusses at large many of his

positions. Sugden on Vendors and Purchasers may then follow.

The titles on Leases and Terms for Years, and Rent, in Bacon's

Abridgment, should be studied. These were the works of Chief Baron

Gilbert. After this, Woodfall on Landlord and Tenant.

Roscoe's Treatise on the Law of Actions relating to Real Property, may

be read as a convenient introduction to Cruise on Fines and Recoveries,

and Pigott on Common Recoveries.

To these, in conclusion of this, by far the most important and

fundamental branch of legal studies, may be added, Powell's Essay on the

Learning of Devises, and Jarman on Wills.

It will be remarked, that I have not set down in order, any Report

Books; it is not that I undervalue that kind of study. It appears to me

that in his regular reading, the student should constantly resort to and

examine the principal cases referred to and commented upon by his

authors. In this way, he will read them more intelligently, and they

will be better impressed on his memory. Some reports may be read through

continuously; such are Plowden, Hobart, Vernon, and I certainly think,

Johnson's Chancery Reports should be thus read. Smith's Leading Cases is

an excellent reading-book of this kind. The student of Pennsylvania Law

will do well not to omit Binney's Reports. But I assign no particular

place to this kind of study, because I think it may be taken up and laid

aside at intervals, according to the bent of the student's inclination.

When, in any particular part of his course, he finds his regular reading

drags heavily--he has become fagged and tired of a particular

subject--let him turn aside for a week or two, to some approved and

standard Report Book; it will be useful reading, and he will be able to

return refreshed to his proper course.

It would extend this Appendix too much, if I were to go over the

remaining parts of the prescribed plan, with the same particularity as I

have this first and most important branch. It will be sufficient to

indicate merely the books, and the order in which they may be most

profitably read, under each division.

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