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(ii) Books concerning the land law, and conveyancing and other precedents.

All through this period Littleton's Tenures1 held its place as the chief work on the land law. Professor Wambaugh says 2 that "before 1628 the editions numbered more than seventymost of them in Law French. Several of these editions were printed with wide margins for manuscript notes; and to-day every large library has copies containing annotations so voluminous as to indicate that it was not uncommon for a lawyer to use his copy of Littleton as a common place book." Coke, as we shall see,3 pursued this plan; and his wonderful commentary, not only brought Littleton up to date, but also supplied the reader with much information upon many other branches of the law. The only other book that we need notice is, "the Profitable Book" of John Perkins of the Inner Temple, which was first published in French in 1530, and republished in English in 1641 and 1657. The book deals mainly with the land law as developed by the Year Books. It is divided into the following chapters: Grants, Deeds, Feoffments, Exchanges, Dower, Tenant by the Curtesy, Surrenders, Reservations, and Conditions. addition it contains chapters on Testaments and Devises.

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We have seen that towards the end of the mediæval period the forms of conveyances and other legal documents were tending to become very much more uniform than they had been at any earlier period. Naturally, during this period, these collections began to get into print. We have seen that the little books which dealt with the Court Baron and the Court Leet often contained, under the title Carta Foedi, a small selection of forms of conveyances, accompanied sometimes with short notes as to their proper use." This anonymous tract is the ancestor of the many collections of conveyancing and other forms and precedents which have appeared from that day to this.

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It was not long before other collections began to appear. The first of these collections by a named author is "The New Book of Presidentes " by Thomas Phayre published in 1543. 2 Wambaugh's Ed. of Littleton's Tenures Ixi. 4 See Dict. Nat. Biog.

1 Vol. ii 573-575.

3 Below 466-468.

5 Vol. iii 219.

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6 Vol. iv 113, 114.

7" A newe boke of Presidentes in maner of a Register wherein is comprehended the very trade of making all maner evydences and instrumentes of Practyse, right commodyous and necessary for every man to knowe, published by Edward Wytechurche; it contains ff. cxviii and is printed in small quarto; at intervals it has short notes, e.g. at ff. vi a and b, xlix, lii; at f. xc b is a precedent of Letters Patent for a yearly annuity with various clauses; Phayre, who was something of a classical scholar, inserts the following marginal note-"Pardon the barbarouse latyn of al thys boke, for the common woordes of instrumentes may in no wyse be altered;" the later collectors who copied his precedents and notes did not think it worth while to copy this.

8 He was born in Wales, educated at Oxford and Lincoln's Inn, and became crown solicitor for the Marches of Wales, Wood, Athenæ i 317.

It was a comprehensive collection of all manner of documents, including, besides conveyances, bills and answers in Chancery, letters of safe conduct, and letters of testimony. With some eloquence and some truth the author sets forth the need which existed in his own day for such collections. Every person that can wryte and reade and entendeth to have any thynge to do amonge the common weale must of verye neede, for his owne advantage, applie his mind somewhat unto this kynde of learning. . . . It shewith the makyng of those thynges, whereupon dependeth the welth and lyvynge of men, without which thinges there can no tytle lawfullye be claymed, no landes nor houses purchased, no right recovered agaynste false usuerers, no sufficient testimonye of the actes of our auncestours, finally no man can be sure of his owne livelod without helpe of evidence which, as a trusty anker, holdeth the right of every man's possessions safely and surely agaynst al troubles and stormye tempestes of injuries, not of men only, but of time also the consumer of al." 1

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Anonymous books of a like character, sometimes merely copies of Phayre with a few additions, appeared throughout the sixteenth century. A very much more elaborate work was William West's Symboleography. The first edition, published in 1590, was a collection of precedents of contracts, deeds, and other instruments, more extensive in character but similar in kind to the collections already in print. But it differed from these collections in the fact that it gave information as to the principles of law applicable to these instruments, and in its method of arrangement. It was divided into four books. The first book contains a short statement of legal principles; the

1 Preface.

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2 E.g. "The Tenours and fourme of Indentures, Obligations, Quitaunces, Bylles of Paymente, Letters of Sale and Letters of Exchange, Protections, Supplications, Complayntes, A Certificate, and the Copy of save Condite " (about 1541)—a little tract of 29 precedents and xxxii ff.; at f. xxiv b there is a curious precedent of a bill of complaint to the chief justice and the chief baron and the king's judges as to a riotous assault; and there is a partnership deed in which the marriage of either of the partners is to give an option to determine the contract; another example is, "A Boke of Presidentes exactely written in manner of a register newly imprinted, augmented and corrected with addicions of diverse necessary and sundry Presidentes meete for all such persons to knowe as desire to learn the fourme and manner how to make all manner of evidentes and instrumentes," Tottel 1561; it probably first appeared in 1548, as it contains an almanack for 17 years beginning with that date; it is a larger book than the first named, and, like it, contains precedents for bills and answers in Chancery; the "Addicions" are added at the end; it is really Phayre up to date; both the arrangement of the precedents, and the notes show that it is a copy.

3 Its full title is, "Symbolæographia which may be termed the Art, Description, or Image of Instruments, Covenants, Contracts, or the Notary or Scrivener, collected and disposed by William West of the Inner Temple Gentleman, Atturney at the Common law, in fower severall bookes;" for a short account of it see Davidson, Precedents in Conveyancing (3rd ed.) 10-11.

4 Wood, Civil Law (ed. 1730) 86 says that he got his dissertation on contracts and obligations from Hermannus Vultejus, whose work he translated and epitomized.

second and the longest, a collection of many different kinds of instruments in a sort of alphabetical order; the third, testamentary documents, presentations, and documents connected with arbitrations; and the fourth, documents relating to copyholds. The second edition, published in two parts in 1594, was much enlarged; and it was successful, as another edition was called for in 1597. The first part contains the introduction wholly rewritten, and the subject matter of the three books of the first edition, except the sections dealing with arbitrations. second part deals with judicial or semi-judicial precedents-arbitrations, fines, recoveries, indictments, and precedents connected with the equitable jurisdiction, together with a short account of that jurisdiction.1 In 1615 precedents connected with merchants' affairs were added to the first part; and in 1618 precedents of pleadings in the Exchequer, and the courts of Star Chamber and Wards and Liveries, were added to the second part.2

The

It is only the first part of the book which contains conveyancing precedents; and these are still mixed up with other miscellaneous documents. Thus in the 1615 edition there is inserted a precedent of the "covenants of marriage of a king,"3 many miscellaneous precedents of recognizances, grants of incorporation of towns, and many miscellaneous warrants." But the separa

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tion which West made between the two parts of his book shows that the need for some kind of classification was beginning to be felt. A book published in 1650, and entitled, "the Perfect Conveyancer," brings us a step nearer to a collection of purely conveyancing precedents. In the first part there are a few miscellaneous documents; but that part is mainly, and the second part is wholly, concerned with the forms of conveyances and contracts.

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The growth in size and elaboration of these books of precedents shows that the law of conveyancing was becoming a very difficult Besides these collections of precedents, a book was wanted to teach the practitioner how to use them." This want was

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1 Above 273-274; in 1597 the order was slightly changed-fines and recoveries were put first, and arbitrations were put after indictments; last came the chapter on equity; otherwise the book was substantially reprinted.

2 The order of 1597 was retained, but in all cases, except in that of recoveries, the number of precedents is slightly enlarged.

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* §§ 103, 104.

5 §§ 390-391.

§ 83. 6 §§ 570-581. 7" The Perfect Conveyancer, or several select and choice Presidentes collected by four severall sages of the law, Edward Henden late one of the Barons of the Exchequer, William Noy Attourney Generall to his late Majestie, Robert Mason sometime Recorder of London, Henry Fleetwood formerly Reader of Grayes Inn."

8 E.g. an obligation of collectors of Subsidies to the king, at p. 244; a grant of catalla felonum, at p. 246; a retainer of a chaplain by a nobleman, at p. 255; an award of Serjeant Henden, at p. 269.

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Shepherd in his preface says that untrained attorneys and lawless scriveners," with the help of a few precedents, take upon themselves to advise on titles-" they

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supplied by "The Touchstone of Common Assurances." published in 1641, and contains twenty-four chapters. following passage from Shepherd's Preface very fairly describes its character: "I have herein set forth, under certain general titles or common places, the greatest parts of the judgments, statutes, resolutions, and cases that do contain or concern the learning of the Common Assurances of the Kingdom; so as I think I may truly say... that there are few material things, as touching this subject, to be found anywhere dispersed in the volumes of the law, but they are to be found somewhere herein."

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The book came out under the name of William Shepherd 1 an industrious writer of many miscellaneous law books. Some of these books were large and ambitious, but not very successful. Instances are his two books on conveyancing, which he published in the latter half of the seventeenth century. Some were pioneer treatises in which he struck out a new line which was later followed by other writers. Instances are his two abridgments,3 and a little book on Corporations, Fraternities and Guilds. Some were textbooks for students and practitioners, and at least one of these had some measure of success. Shepherd, besides being a prolific writer of law books, was a whole-hearted supporter of the Commonwealth and its measures of law reform; and no doubt this had something to do with the obscurity into which he and most of his books fell after the Restoration. The Touchstone for some time shared this fate. But its intrinsic merits, and the appreciation of Willes C.J., rescued it from obscurity.8 But there is reason to think that these merits were due to the fact that its author was not Shepherd but Sir John Dodderidge. The internal evidence of style and method of treatment makes it probable that the book was not written by Shepherd; and there is good secondmay perhaps have some law books in their houses, but never read more law than is on the backside of Littleton."

1 See Dict. Nat. Biog.

2"The Law of Common Assurances touching Deeds in Generall " (1669); it is an enlarged edition of the second half of the Touchstone with a selection of 763 illustrative cases at the end; he tells us that the first part of the book perished in the fire of London; but he rewrote it, and published it in 1671 under the title of "The Practical Counsellor at Law touching Fines Recoveries, etc."

3 See L.Q.R. xxxix 35; above 377.

4" Of Corporations, Fraternities and Guilds, or a discourse wherein the learning of the law touching Bodies Politique is unfolded " (1659).

5 Below 397.

"England's Balm, or Proposals by way of Grievance and Remedy Humbly presented to His Highness and the Parliament towards the Regulation of the Law and better administration of Justice" (1657); as to this book and its proposals see vol. i 430.

7" For a long time the Touchstone lay on the stalls of the second-hand bookseilers in Moorfields unnoticed and of no repute," Pref. to the fourth edition by Edward Hilliard.

8 Ibid; see Roe d. Wilkinson v. Tranmer (1757) 2 Wils. at p. 78.

9 For Dodderidge see above 345.

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hand evidence that Shepherd, having purchased Dodderidge's library, acquired the MS. of this treatise which he published as his own.1 If this is true, Shepherd's sharp practice has had some measure of success. It has connected his name with a book which is not only the earliest work exclusively devoted to the theory of conveyancing, but also a work which is still regarded as a high authority upon this subject.

(iii) Books concerning criminal law and the law of tort.

The books which deal with the jurisdiction of the justices of the peace necessarily contained much information upon criminal law and procedure; 2 and the section of the second part of West's book, which deals with precedents of indictments and other instruments connected with the administration of the criminal law, contains by way of introduction a short description of the law substantive and adjective. In addition there are two books exclusively devoted to this subject. Staunford (1509-1558), who was made judge of the common pleas in 1554, wrote a book on the pleas of the crown, which was posthumously published in 1560.5 He was a learned lawyer; and is said to have edited the earliest printed edition of Glanvil. He certainly makes much use of Bracton's work, which had not then been printed. His treatise is divided into three books. The first deals with various offences; the second with jurisdiction, appeals, indictments, and defences; and the third with methods of trial, and the consequences of conviction. It is founded almost entirely upon Bracton and the Year Books. A more comprehensive and up to date book was the "De Pace Regis et Regni" of Ferdinando Pulton, which was published in 1609. It is at times discursive-thus in the chapter

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1 See the Preface to the fourth edition; Booth (the author of the book on Real Actions) says that Shepherd purchased Dodderidge's library, and that among his books was the MS. of this treatise which Shepherd published as his own; Booth got this information from Pigott, who got it from Levinz, who had seen the MS. in Dodderidge's possession; Preston in his edition of the Touchstone accepts this evidence as conclusive; R. W. Bridgman, Legal Bibliography 344, disputes this theory on the ground that, though Dodderidge died in 1628, the year Co. Litt. was published, there are many references to that work; but it is possible that Dodderidge saw Coke's work in MS. and that Shepherd inserted the references. 3 Above 390.

2 Vol. iv 115-119.

4 Symboleography (ed. 1618), Pt. II. 86-96; the actual precedents, ibid 96-162b, are arranged alphabetically.

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Les Plees del Coron: divisees in plusieurs titles et common lieux." 6 Dict. Nat. Biog.

8 Vol. iv 309-10, 312-313.

7 Above 378 n. 10.

9" De Pace Regis et Regni. A Treatise declaring which be the great and generall Offences of the Realme, and the chiefe impediments of the peace of the King and Kingdome. Collected out of the Reports of the Common Lawes of this Realme, and of the Statutes in force, and out of the painfull workes of the Reverend Judges Sir Anthonie Fitzharbert, Sir Robert Brooke, Sir William Stanford, Sir James Dyer, Sir Edward Coke, Knights, and other learned writers of our Lawes."

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