8. Essay on the payment of rent, after destruction of

the demised premises. Law Magazine, vol. ii. 290.

E. e. 9. Essay on the requisites of deeds. Law Magazine, vol. iii. 355.

10. Essay on the tenant's right to dispute his landlord's title. Law Magazine, vol. iii. 375.

E. e. 11. Essay on the vesting of estates, particularly under devises of land referring to the attainment of a given age by the devisee. Law Magazine, vol. iv. 61.

E. e. 12. An article on the compensation given by the statutes of Massachusetts, for improvements made on lands by persons holding under defective titles. American Jurist,

vol. ii. 294.

13. Opinion as to the legal mode of executing deeds in virtue of powers of attorney; on the assignability of possibilities, &c. American Jurist, vol. iii. 86:

14. Essay on the question whether, in Virginia, on the conveyance of land in fee simple, reserving rent, the feoffer has a right of distress, if there be no express stipulation to that effect. American Jurist, vol. v. 233. [This is a very learned and well written essay.]

E. e. 15. Observations on the law of mortgages in the Island of Cuba. American Jurist, vol. v. 243.

E. e. 16. Opinion on the nature and use of a writ of right. American Jurist, vol. viii. 51, 330. [These are very learned essays on the question, whether an unsuccessful party in a real action can support a writ of right, if he has not a title or evidence which he could not have had the benefit of in the former action.]

17. On the distinction between conditions and limitations in deeds and devises. American Jurist, vol. x. 42.

NOTES ON THE THIRD TITLE.

(Note 1.)

OBSERVATIONS ON THE STUDENT'S COMPLETION

OF HIS ELEMENTARY STudies.

In the first and second titles of this Course, we have designed to present to our student, the most approved sources of elementary knowledge, on all the branches of English, American, and Roman jurisprudence; and which are to serve as a basis only, of his future researches into the minute learning of these various departments. In a science so extensive as that of law, the outlines are themselves necessarily of considerable extent; but if they have been pursued with due industry and care, a solid foundation must have been laid, on which a vast superstructure may be raised, with comparative ease and certainty. No errour, however, can be more fatal to distinction in the law, than a too confident reliance on elementary attainments. It is the rock on which students often make shipwreck of their brightest hopes, and of the most flattering promises made to their friends. After having selected the plants, and fixed them, with sufficient care, in a rich and fertile soil, they permit them to languish, and sometimes to perish, from the want of sun and moisture; not remembering that these are to be constantly supplied, and in abundance, if they are to expand and ripen into perfect trees, producing fruit.

The difference between elementary acquirements (even of the most respectable kind,) and the minute learning of their several departments, cannot be well comprehended by the student, at this time. He must, consequently, rely on the

assurances of others, in whom he may have confidence, that the region which separates them (though partaking of the general features of the country which he has just travelled) is still of vast extent, full of mountains, and rocks, of rivers, and streams; all of which must be carefully explored to their sources, and in all of their parts. In his previous course, he has acquired little more than the art of travelling; how to observe with accuracy; what are the objects most worthy of note; how they are to be viewed separately, and in connection, and finally, the means of treasuring up the numerous particulars which are constantly obtruding themselves on his notice. But, to drop the metaphor,—we again earnestly exhort our student to regard his Blackstone, his Kent, and the Institutes of Justinian, as text books, the great commentaries on which are to be found in Coke, Fearne, Preston, Starkie, Chitty, Story, the various books of reports; and finally, in the pages of those masters of the science who have separately treated, with philosophical research, the infinite topics of this vast science. We have stated to him throughout our work, many grounds of encouragement; and we now repeat that there is no just cause for despondency in any student, of moderate abilities, and of laudable industry; especially if he has been regardful of method. And none will despond, who has studied the two preliminary titles, in the mode already sufficiently dwelt on.

(Note 2.)

OBSERVATIONS ON THE STUDY OF THE REAL LAW. Some may be inclined to suppose that too much stress. has been laid on the study of the intricate and abtruse doctrines of real rights, and real remedies; and perhaps may be disposed to condemn the extent to which we have recommended an attention to the ancient law generally. If there

be such among those who may resort to these pages, we would remind them of the fallacy of that expectation which looks for a vigorous and manly expansion of the intellect as the result of juvenile pursuits; we would interrogate them in the language of Horace,

Amphora cæpit

Institui; currente rotâ cur urceus exit?

The reply is obvious: the workmanship of the potter is inevitably inferiour, if the plastic qualities of the clay, and the power of the moulding hand, be not nicely and fully regarded; so if the student expect to become a great and enlightened lawyer, by attention to detached portions, regardless of the many nice connections and intimate dependencies which the law continually presents; if, in the vast gothic structure of that science, he hopes to become the secure tenant of those cheerful and commodious apartments, which, with infinite labour, have been accommodated to modern and daily use, through any other approaches than the moated ramparts and embattled towers; like some ancient knight, he may take 'Disappointment' for his motto. That which gave the promise of a great and valuable piece of workmanship, terminates in an ordinary bauble.

We are too sensible of the inestimable value of time, especially to a student of law, to advise the perusal of a single page, without the deepest conviction of its utility; and in no instance has any thing been recommended without mature deliberation. We feel assured that the only certain avenue to legal pre-eminence is through the abtruse learning of the real law; that he who aspires to fame in this science must explore all its devious windings; must with cheerfulness proceed, whether accompanied by the faint light of a taper, or the efful

*3 Black. Com. 268.

gence of noon-day; and, finally, that he who desires a thorough knowledge of the modern and practical law, must, as his predecessors in fame have done, content himself with elaborately separating ore from dross: for no modern lawyer ever attained. an eminence at any bar, who neglecting the mysteries of ancient law, (simple indeed when properly studied,) derives his knowledge from by-paths, and culls the showy, but perishable flowers which spring up in profusion from the shallow soil on their borders. Such students may close this book after the second title; to those who rest satisfied with elementary attainments, we ingenuously declare that this volume can be of little further service; as its remaining leading object is to facilitate the formation of learned and accomplished lawyers.

Justice Blackstone, in treating even the elements, is very explicit in his opinion on this subject. 'We shall have occasion,' says he, 'to search pretty highly into the antiquities of English jurisprudence; yet surely no industrious student will imagine his time misemployed, when he is led to consider that the obsolete doctrines of our laws are frequently the foundation, upon which what remains is erected; and that it is impracticable to comprehend many rules of modern law, in a scholar-like and scientifical manner, without having recourse to the ancient: nor will these researches be altogether void of rational entertainments as well as use; as in viewing the majestic ruins of Rome or Athens, of Balbec or Palmyra, it administers both pleasure and instruction, to compare them with the draughts of the same edifices in their pristine proportion and splendour.'

Indeed, in taking even an exteriour view of the great system of English jurisprudence, we cannot but be surprised that any could be found willing to advocate a doctrine opposite to that which we have advanced; for so manifest is its truth to us,