The subject of real property is one of the oldest branches of the law, and had become fully developed before the birth of some other branches of the law which have attained prominence at the present time.

2 Pollock & Maitland, pages 82 to

84 and 85 to 86. 3 Vol. 7, Subject 20.

4 Vol. 7, Subject 21.

5 Vol. 10 Subject 32.

On many topics under this subject, little development or addition has been made to the law for several centuries. This is particularly true of the subject of the creation and classification of estates.

The two writers upon whose works all subsequent works of real property have been mainly based were Thomas Littleton and Sir Edward Coke. On account of the important places occupied by these writers in the field of real property, references have in the main been made to these writings from which a number of quotations have been taken.

"Littleton was a judge of the common pleas in the reign of Edward IV, and composed his book of Tenures for the use of his son, to whom it is addressed. It contains three books; the first upon estates; the second upon tenures and services, which two were designed to explain more at large the principal subject of the old book of tenures; the third discourses of several incidents and consequences of tenures and estates. This little treatise has acquired more notice than any other book in the law; which is to be ascribed partly to the nature of the subject, partly to the manner in which it is treated, and partly to the great character of the writer when a judge.

' The learning of real property had in the reign of Edward III been cultivated with a minute attention; the period which had elapsed from that reign to the time when our author wrote, had produced many additions and modifications of it, till this branch had grown into a very refined system, constituting, in every respect, the most intricate part of our jurisprudence. These later determinations had rendered the old treatises of the law in a great degree obsolete. Bracton, though more full than any of the rest, being more ancient, afforded no light in that sort of questions which were now usually canvassed and many of which had originated entirely since his time; still less was to be expected from Fleta, Britton, and The Mirror, though of a later age. In this state of things, it was an undertaking much to be wished, that some one should explain in a methodical way the new learning that had arisen on the subject of tenures and estates. This our author has done, with a felicity which has placed him in a rank above all writers on the English law.

"If we inquire what is the excellence which has entitled this writer to so high a character, it will be found to be a particular kind. It is not an accurate arrangement of his subject; not a remarkably apt division of his matter; not a strict adherence even to his own plan, by preserving a close connection between the matter and title of a chapter; in all which he is sometimes more defective than writers of inferior note; the excellence of Littleton seems to consist in the great depth of his learning and simplicity of his manner; in a comprehensive way of thinking, and a happy method of explaining; with a certain plainness, yet significance of style that is always clear and expressive.

"This author usually quotes no authority for what he advances. In this, however, he does not differ much from his contemporaries, who, even in their arguments and opinions delivered in court, had not got into that practice of vouching authorities which has obtained so much since. Whenever he has a point to handle which is not thoroughly settled, he generally states the different opinions on it, and then gives his own reasons for differing or agreeing with either; and where he does not deliver an opinion declaredly his own, the last is supposed to be that which he is inclined to adopt. This open and candid way of discussing, added to the known abilities of the author acquired him great confidence with posterity; anything out of Littleton has been usually taken upon that authority alone. Thus, the want of references, which at first might seem a want of authenticity, has in the end administered to the fame of this writer; as opinions which otherwise might be vouched from an adjudged case are now wholly rested on the words of Littleton.

"The undiminished reputation which this author still possesses is owing principally to the choice of his subject. The law of tenures and estates, as understood in the time of Littleton, is at this day the best introduction to the knowledge of real property; and though great part of this volume is not now law, yet so intimately was the whole of that system connected that what remains of tenures cannot be understood without a knowledge of what is abolished; and therefore the parts of Littleton which are now obsolete, are studied both with profit and pleasure. We may still say what the author pronounced of his work in another respect: 'Though certain things which are moved and specified in the said book are not altogether law, yet such things shall make them more apt and able to understand and apprehend the arguments and reasons of the law.

"Besides this, the law of tenures and estates has always been thought the most natural entrance into the study of the law in general; this small volume, therefore, became the first book which was put into the hands of the student; and while it was considered by practisers and the court as a work of the highest authority, it was at the same time the introduction to English jurisprudence. Lawyers gave their earliest and latest application to the text of Littleton; every section and sentence was weighed, and every proposition considered in all its consequences; it was translated, commented, analyzed; every method was contrived to gain a complete knowledge of its contents. Perhaps no book, in any science so confined as the municipal laws of any country may be, has more employed the labors of the learned and industrious. A writer, who was himself one of the greatest ornaments of the law, and whose name never appears greater than when accompanied with that of our author, furnished the world with a very copious and minute commentary on this book; in which he has carried his attention to the import of every word so far as to make interesting remarks on his very et caeteras. The fame of Littleton has not been confined to this island. As the Norman lawyers made Glanville a model upon which to form their coustumier, and give system to their jurisprudence, a modern writer of that country has lately composed a comment on Littleton, as the best help towards illustrating the customs and laws of that duchy." 6

Sir Edward Coke, the great commentator upon the work of Littleton was Chief Justice of England during the early part of the seventeenth century and a leader of the popular party in the later parliament in the reign of James I. He was, in addition, one of the greatest of English law writers, his chief works being his reports which covered the period from 1600 to 1616, and his Institute written in four parts, the first of which included his commentaries on the work of Littleton.

6 Reeves' History of English Law, pages 153 to 156.

On matters of a more modern character, the work generally referred to has been that of Warvelle on Real Property.