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veyancer, in 1701.
Compleat Con- Conveyancer, both in 1701. This last consists of pre
cedents settled by the eminent conveyancers, Sir J.
Maynard, Sir Francis Pemberton, and Sir Ambrose Conveyancer's Phillips. In 1702 another collection was published,
under the title of the Conveyancer's Assistant, which, besides a variety of Forms, contains some professional opinions of Sir F. Pemberton, Mr. Sergeant Levinz, and other eminent lawyers of that day (a).
Assistant, in 1702.
(a) “Whether conveyancing," value it at half the purchase." says the editor, “be an art or a The editor's observations on the science, according to the school causes of the increased length of distinction, I shall not determine. modern deeds, are too judicious I think it may rather be called to be omitted. “ It is true," Ars Scientifica, as some please says he, “ that conveyances in to express themselves: for he our times may well be called that will arrive to any perfection books; I say, in our times; for therein, must be well acquainted in our forefathers' days a manor with the diversities of the limit- with the demesne of a thousand ations of estates in fee tail, for pounds per annum might have life, &c. as also with the qualities been transferred by a parchment thereof, as joint-tenancy, &c., writing not much bigger than a and the incidents, rents, condi- bond; yet now, twenty or thirty tions, and the like; and indeed skins of parchment are frequently he ought to be well skilled in engrossed towards the conveyance the Institute and Reports. And or settlement of an estate of not yet, unless he can make a due half the value. Crescit in orbe application of his notions—unless dolus, is given as a good reason he knows how to frame and fit by my Lord Coke; and yet this these materials suitable to his is not all. The Statute of Uses intended design, he will rather first occasioned the spinning out be exploded as an immethod- of conveyances; and since tradical blunderer, than esteemed a ing has increased, letting out of neat conveyancer. If a carpenter money upon mortgage, first of should make the kitchen where one part of an estate and afterthe parlour should stand, or the wards of another, hath likewise staircase where the windows increased, which, by assignments, should be placed; though it may and keeping them on foot, to an be called a house, yet few would entire purchaser, for protecting
Of the various works of Giles Jacob, it would be Jacob's Accom-,
plished Conveytedious to speak. His Accomplished Conveyancer, ancer, in 1711, published in 1714, and his Grand Precedent, in 1716, cedent, in 1716. though the earliest, are not the least useful of his numerous publications. The next work that we meet Lilly's Practical with is the Practical Conveyancer of John Lilly, pub- 1719.
Conveyancer, in lished in 1719. It is divided into two parts: the first contains an account of the theory of conveyancing; the second consists entirely of Forms,“ being the first part reduced into practice.” With the Bird's Practising
Scrivener, in exception of Bird's Practising Scrivener and Modern 1729. Conveyancer, in 1729, and Pigot’s Precedents, which will be presently noticed, no considerable collection appeared until the able and elaborate one, published in three large volumes folio, in 1744. This contains Horsman's Pre
cedents, in 1744. the precedents of the celebrated Gilbert Horsman and other eminent counsel of that period. Mill's Mill's ConveySelect Precedents of Conveyances were published in ancing, in 1745. the following year. A much more valuable collection Wood's Con
veyancing, in than either Horsman's or Mill's appeared in 1749, by 1749. Edward Wood. This is on the same plan as Lilly's Conveyancer, already mentioned, but more extensive, from incumbrances, have swelled law, (who might be as a Stadtinto a bushel of sheep-skins. holder of the family), yet when Besides, men who had ample es- they saw that younger brothers tates descended from their an- and sisters were but as servants cestors, were desirous to keep and mere dependents, they bethem in the name and blood, and gan to invent provisions for so invented the preservation of younger sons and daughters. contingent uses; and then they Hence came annuities, portionconsidered, that though nature ary payments, either by grant, or and policy obliged them to leave by raising uses, trusts, powers, the fairest and most ancient pa- and the like.” trimonial estate to their heir at
Newman's Complete Conveyancer in 1782.
and far superior in execution to that work. An improved edition (being the fifth) was published by Mr. Powell in 1790. Newman's Compleat Conveyancer, in 1782, is an indifferent compilation, chiefly from Wood and Horsman.
XXV. Among modern conveyancers, few have attained greater eminence than Nathaniel Pigot, who was justly distinguished, not only as a profound lawyer,
but as a draftsman of the most consummate skill. Debarred, by the statute 7 & 8 Will. III., in common with other Roman Catholics, from all forensic practice, he employed himself solely as a conveyancing counsel. In 1739, he published a treatise on Common Recoveries; it confirmed the general opinion of his acquirements, and long continued to be the best text-book on that very difficult and complicated subject. An enlarged edition of this work was given by Mr. Sergeant Wilson, in 1770. Besides the treatise on Recoveries in 1739, Mr. Pigot published, in the same year, an excellent collection of Precedents in Conveyancing, chiefly drawn by himself. Compared with others of that time, Mr. Pigot's Forms are eminently concise (a).
XXVI. Mr. Pigot was succeeded by James Booth, whom Butler calls the patriarch of the modern school of conveyancing. Persuaded by Mr. Murray, afterwards Lord Mansfield (6), one of his earliest and best
(a) Butler's Reminiscences, ii. I received yours last night. I 274.
cannot but applaud the protec(6) The following letter was tion you give a sister, whom I addressed by Mr. Murray to Mr. know you love tenderly; yet it Booth, in 1735:“ My dear friend; seems a litile rash to carry your
friends, to establish himself in the metropolis, he soon acquired considerable practice, and rose to distinguished eminence. Equal to his predecessor in a knowledge of the laws of real property, he perhaps excelled him in his views, which were both clear and extensive, of the actual working of the Statute of Uses -the Magna Charta of conveyancers (a). Disdain
beneficence so far as to dry up I am very clear is good for nothe source of all future genero- thing. Can you contrive a way sity; and I am sure it is greatly by which an estate can be left against the interest of every one, to a papist? Though I have no who has the least dependence more doubt of the case put to upon you, that you should do me, than whether the sun shines any thing which makes it at at noon, I told the gentleman all difficult for you to persevere who consulted me I would willin a way you must at last suc- ingly stay to talk with a Roman ceed. Of this I have no doubt: Catholic conveyancer, &c., whom and, therefore, it is as superfluous I expected soon in town, and to add my advice for your coming named you to him. to town immediately, as it would “I own I am desirous you be to tell you that I omit no op- should come to town; and be asportunity of mentioning your sured the best service you can name, and promoting your inter- do your friends is, to put yourest. You cannot fail but by self in a way to serve them efstaying in the country, and suf- fectually. As to any present fering people who have not half occasions you have, you know your merit to step in before you. where to command while I have With regard to every thing you a shilling. say of Mr. Pigot, we will talk “I am, I do assure you, with more at large hereafter: I as great cordiality and esteem, little think he will bring you
“ Dear Booth, into his business while he lives, “ Your affectionate friend, as that you can be kept out of
and faithful servant, a great part of it when he dies.
" W. MURRAY." I am at present consulted upon adevise settlement of his, whereby (a) Butler's Reminiscences, a great estate is left to a noble ii. 274; Historical Memoirs of Roman Catholic family, which the English Catholics, ii. 337. VOL. II.
ing or incapable of the precision of Pigot, he introduced a prolixity into conveyancing, which long continued to infect our legal instruments. The Shelley settlement, prepared in 1791, after a previous comparison of seven of the best of Mr. Booth's, and settled after a minute attention to every word by Mr. Fearne, furnishes a fair specimen of the plan and language of Mr. Booth. He was not the author of any treatise, but his written opinions were given at great length, and are very elaborate (a): several of them were printed in the “ Opinions of Eminent Counsel,” published in 1791.
XXVII. A celebrated contemporary of Booth was Ralph Bradley, who, for upwards of half a century, practised at Stockton-upon-Tees with great
He managed, it is said, the concerns of almost the whole county of Durham ; and though a provincial counsel, his opinions were every where received with the greatest respect. His drafts, like those of Booth, were prolix to excess. His practical notes dictated to one of his pupils, Mr. Hoare, afterwards recorder of Durham, were collected and arranged by Mr. Frank, a distant relative (6); and published after Bradley's death, under the title of “ Points in Conveyancing.” This is the only publication that bears his name. Bradley, though he lived in a style approaching, it is said, to magnificence, accumulated a considerable fortune, the bulk of which he bequeathed to trustees, in trust to be from time to
(a) Butler's Historical Me- (6) Bradley's Practical Points, moirs, ij. 337.