rities, he is indebted to the industry and the talents of Mr. George Cox, one of his pupils. And it is a gratification to him, to add that he is greatly mistaken, or this gentleman will, at no distant period, be found a zealous and worthy competitor for the meed of professional fame, and for success in the conveyancing department of the profession.

The author hopes that his endeavours will continue to merit that estimation, with which they have been hitherto honored, and which is so grateful to his feelings.

Lincoln's Inn,

July 1st, 1813.

PREFACE

TO THE

FIRST EDITION.

THE greater part of the subject of the following sheets was originally dictated by the author to his pupils in a series of lectures, delivered by him, and committed to writing by them. The avowed object was to assist their studies; to direct their attention to points merely practical; and render their exertions beneficial to them, as well as useful to himself, while they remained in his chambers. The result more than fulfilled his expectations. Encouraged by the observation of the utility of this course of study, he shewed the MS. while in its original state to several of his professional friends; to some who had greater, and to others who had less experience. Had the reception they gave the work been less favorable than it was, he would have felt no hesitation in offering it to the public. He is truly sensible of the friendship of those gentlemen, and of the honor they confer on him by their good opinion. Many, however, of their kind

expressions he ascribes to the partiality of friendship, rather than the merit of his performance.

Such as the work is, it is offered to the profession. In publishing it the author has no other motive than to do good; to afford to others that assistance for which, at one period, he would have been extremely grateful.

The peculiar advantage of this work, if it has any, is, that it is the fruit of much reflection and extensive experience. It may be considered as the sentiments of a practical man, on a practical subject. As far as the theory is given, the attention is kept closely to those points which are of ordinary occurrence, and comprise the more useful parts of a lawyer's knowledge. Recondite points are highly valuable to form the profound, and well-read lawyer; but to the student, and mere practical conveyancer, that knowledge is most useful, which is most necessary to be gained for the purposes of general business. When the practice, and the rules by which it is governed, are understood, the study of more abstruse points will be rendered easy. In teaching the law, as well as any other science, it should be a rule to proceed by insensible steps; to begin with that part which is easy and introductory, and proceed to those parts of the science which are more difficult.

The misfortune of a person, who, either as a clerk to a solicitor, or as a student in a conveyancer's chambers, begins to study the practice of conveyancing, is, that he is taught by form, or precedent, rather than by principle. He is made to copy precedents, without knowing either their application, or those rules on which they are grounded. When he begins to prepare drafts, he is led to expect all his information from these forms; and his knowledge is, in the end, as limited as the means by which he has been instructed.

One of the principal difficulties to be surmounted, by a person so educated, is to gain sufficient strength of mind, and resolution, to free himself from the shackles of precedent. The apprehension of erring makes him fear to try his own resources. This fear proceeds from a want of sufficient knowledge to discriminate between form and substance; in other words, between the formal and the essential parts of a deed, &c. The next difficulty proceeds from the want of ideas; in short, of useful knowledge. Without understanding, from principle, the object to be attained, how is he to accomplish that object? The very foundation is wanting. There are no ideas formed; and, for that reason, none can be brought into action.

To acquire these

ideas, extensive reading, and, to a certain extent, the practical knowledge of business, in other words, an intimate acquaintance with the provisions, which are absolutely necessary, and also of those which are usual, in transactions of this sort, are to be acquired and a collection of good precedents is one of the sources from which knowledge of the usual provisions may be attained. When the object to be attained is fully comprehended, the next consideration is the means by which it is to be accomplished. This leads to the form of the

assurance.

Two conclusions may be justly formed.1st. No one will ever become a good conveyancer, unless he understands so much of the law as will make him acquainted with the rules by which property, and the mode of conveying it, are governed. 2dly. Unless he makes himself so far acquainted with practice, so far as to understand those forms which are in use by practical men, he can never attain any eminence. Few who can form correct ideas, feel any difficulty in giving them expression by language; but this will be done, with more or less precision, and more or less succinctly, according to the peculiar habits and talents of the party. In the practice of the conveyancer there is a species of language, found