PREFACE.

This work contains the New Rules of the Inns of Court, Lists of Text-Books and Books of Reference, a classified Digest of the Questions given at the Examinations of the Inns of Court, from the commencement in 1853 of the new system of Legal Education at the Inns of Court, to the end of last year (1863); and an Outline of each subject of study.

The object of the work is two-fold: to furnish an introduction to legal studies, and a test of their progress. Although principally intended, as the title indicates, for those who contemplate becoming members of the English Bar, it is nevertheless adapted for all law students. To members of the Inns of Court practising at, or under the Bar, the work may also be found useful in directing the studies of pupils, who, in accordance with the new rules of the Inns of Court (pp. 3-13), adopt one of the three alternative requisites for being called to the Bar. Indeed the work was commenced by the writer when a Special Pleader, to test the knowledge of his own pupils. The want of references to many of the propositions contained in the Outlines may be a ground of objection, but as these are merely introductory to

the text-books, they would have been of no practical use, and were therefore omitted. The contents of the work must, however, be left to the impartial judgment of its readers. Those who know the difficulties in preparing a work like the present, will be disposed to overlook the imperfections of its execution. The work has no pretensions to originality of thought. In an elementary work like the present, however, such an object is not requisite, even if attainable. The Outline of the principles of Equity has been prepared from Mr. Josiah W. Smith's "Manual of Equity Jurisprudence," by the kind permission of the author, and the publishers, Messrs. Stevens, Sons, & Haynes. The work of Mackeldy being very often used as a text-book for Roman Law, the Outline of that subject has been derived from that source. In the Outline of International Law, the writer has made ample use of the erudite labours of the late Chancellor Kent. The views expressed in the Outline of Jurisprudence will appear strange to the supporters of the principles of the late Mr. Austin, but whatever may be the merits of the views propounded by that distinguished thinker, they are open to great and serious objections.

An article on "THE BAR AS IT WAS; AS IT IS; AND AS IT MIGHT BE," was intended to have been inserted in this work; on further reflection, however, the paper has been omitted, as not exactly suited for a work intended for law students. Everyone, however, who is jealous of the reputation of the English Bar,

must rejoice at the institution of a preliminary examination for bar-students; this is a step in the right direction, and it is a subject of regret, that the new rules do not require a compulsory examination before a call to the Bar. Every student however, who regards his own interest, will pass one of the voluntary examinations. Studies of every kind are interesting in proportion to the object with which they are pursued, and if in the case of legal studies, this be only the hope of professional business in the future, the interest felt in the studies will be exceedingly slight. Whatever, however, may be the opinions regarding the propriety of a compulsory examination before a call to the Bar, one thing is certain, which is, that an important stimulus would be given to the studies of Bar-students, and the Bar, were inferior judgeships thrown open to competition by examination. If this principle should ever be introduced into the legal system of this country, new life would be infused into a body, which from the effects of modern legislation, the facility of admission, and other causes, cannot be regarded as altogether in a satisfactory condition. Many of the rules of etiquette too, are little adapted to the exigencies of the present day, and require revision. Each student will however do well to recollect Pope's line:

"Act well your part; there all the honour lies."

By so doing, the student will be enabled to undertake with credit to himself, any business which may be

entrusted to him, when engaged in the active duties of his calling. He will also have the reflection, that although he cannot command, he may endeavour to merit success.

In conclusion, the writer has to express his obligations to Dr. Commins, of Lincoln's Inn, for several suggestions in the Outline of Jurisprudence. To several other barristers and bar-students, the writer is also indebted, for their suggestions and assistance in various ways.

9, King's Bench Walk, Temple. 25th May, 1864.

THOS. SPENCE.