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.