or even the practice of pleading, though but for a year or two, will despatch the most intricate and responsible business with ease, satisfaction, and credit. Secure in previously-acquired and well-methodised learning, he will have but to use it; and all the judges and juries in the kingdom will fail to "fright him from his propriety." Let not, then, the young reader despise or dread these mysterious personages -special pleaders-"the people who furnish the language and conversations of the courts; yet how few of them are seen there themselves! Like poets, they plan the drama which others are left to perform *."

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Notwithstanding the deference that is paid," observes a judicious and experienced author, "and the greater rewards that are given, to those who happen to be blessed with the power of elocution, still the draftsmen are to be considered as the master-builders. They are the architects who form the plan, and lay the foundation for all those beauties with which eloquence charms the ear and captivates the judgment. If the foundation happens to be bad, or defective, the whole superstructure and assemblage of ornaments, grand and magnificent as they may seem, at once tumble into ruin +.”

"There are but two sure ways of getting on at

* Wynne's Eunomus, p. 155.

+ Simpson's Reflections.

the Bar," said a distinguished judge, who had been an admirable special pleader, "special pleading, or a miracle. I preferred the former!"

** The Act to establish a Court of Bankruptcy (1 & 2 W. 4, c. 56, § 1), contains the following important enactment in favour of SPECIAL PLEaders:

It shall be lawful for his Majesty, "by a Commission under the Great Seal, to appoint (the Chief Justice, &c.) and three persons, being serjeants or barristers at law, of not less than ten years' standing at the bar, or of five years standing at the bar, having previously practised five years as a special pleader under the bar, to be other judges of the said court; and six persons being barristers at law, of not less than seven years' standing at the bar, or of four years standing at the bar, having previously practised as a special pleader for three years below the bar, to be called Commissioners, &c. &c.

CHAPTER X.

COURSE OF READING,

WITH REFERENCE TO

PLEADING, PRACTICE, EVIDENCE, REAL PROPERTY, AND COMMERCIAL LAW.

WHATEVER confidence the author may feel in the soundness of his opinions as to the proper course of reading to be adopted by the common-law student, it cannot but be abated, when he adverts to the singular discrepancies existing between the recommendations of advisers in our own day,-even as was the case in Roger North's time,-who complained that" of those who were so civil as to assist a novice with their advice, what method to take, few agreed in the same,-some saying one thing, some another, and amongst them rarely any one that was tolerably just." At least three widely different courses of reading were recommended to the author, greatly to his vexation and embarrassment, on entering the legal profession; and he was not relieved from his dilemma by a reference to several of the

works professing to "guide" legal learners. There is, however, one very obvious cause for such contrariety of opinion. The Common-law branch of the profession has so many distinct compartments; so many different kinds of knowledge are required before the pupil can advantageously address himself to business; the calls of that business upon his attention are so simultaneously urgent, that neither the pupil himself,-nor often his adviser,-can readily make up his mind which subject to commence, much less which to persevere with. In attempting to read a single case, he is often distracted by the multiplicity of topics it involves: and so he begins, unless under very firm and judicious superintendence, to enact the part of a legal grasshopper-jumping about from one subject to another-learning nothing distinctly and thoroughly, but satisfied if, by any means, he can get over each individual exigency. being the case, different advisers, considering also the different tempers and abilities of students, have suggested very different remedies. Some, as before intimated, would have a youth devote a year or two to preliminary and solitary study,--but of what books no two can agree. Others, considering, with the author, that the period of life and circumstances of the bulk of law students, will not prudently admit of such a postponement of the practical commencement of their studies, advise them to put themselves at once under the superintendence of a pleader; but

This

here, again, no two agree in the course of study to be pursued. Some urge the concurrent, others the consecutive study of works on three or four subjects. Some recommend a diligent perusal, in the first instance, of one comprehensive elementary text-book, such as Blackstone's Commentaries; while not a few advise the student to give up all idea of consecutive or systematic reading-at least for several years-and pick up his knowledge by practice alone. There are who insist upon the poor student's laying a

"Foundation deep and sure,"

in the abstract principles of the science of jurisprudence-wading to the common law through the deep waters of Grotius, Puffendorff, Burlamaqui, and Vattel! And, lastly, some advise him to approach it through the long and dusky avenue of historical research.

One class of advisers, again*, follows the Lord Chief Justice Reeve; who has left it as his opinion, that "the best, the easiest, and the shortest way for a man to be educated, and formed to be a lawyer, is to make himself master of Lord Coke's Commentary upon Littleton's Tenures +. +."

"Him if we will hear,

Light after light well-used we shall attain,
And, to the end persisting, safe arrive!"

Lord Mansfield, however, speaks in a very different

* Mr. Ritso and others.

Harg. Coll. Jur. vol. i. p. 79.

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