Historia Placitorum Coronae

But as there is no such thing required by the laws now in being, that reason is at an end, and the reader may be assured, that the edition here offered to the public is printed faithfully from the author's original manuscript.

This manuscript consists of one thick folio volume, all in our author's own hand-writing, from whence it was transcribed in his life-time, and the transcript has since been bound up in seven small volumes in folio.

It had been by him revised as far as Chap. 27. in the first part, viz. about the middle of the third volume, as appears from many interlineations and additions in his own hand; the corrections in the remaining part are in another (very modern) hand, and in some places not very agreeable to the scope of the argument.

This transcript, therefore, so far as revised and corrected by our author (and no farther), may be deemed the original finished and perfected; but since even in this part there are in some places leaves taken out, and others inserted in their room in a different hand, unauthenticated by our author, and sometimes quite disturbing the coherence and connexion of the discourse, it was not thought warrantable to consider such interpolations as a part of this treatise; for as it cannot be doubted but great regard will be always paid to the performance of so esteemed an author, it is a piece of justice due both to the author and the public, that nothing should be herein inserted, but what is undeniably his, and carries evident marks of being by him intended as part of this work.

The title hereof was named by our author himself Historia Placitorum Corna; for he intended, as appears from the Proemium, to have taken in the whole body of the crownlaw, as well in relation to matters civil, as matters criminal; for which purpose he once designed to have added two more books upon this subject, the one concerning offenses not capital, the other touching franchises and liberties; but to the great detriment of the public, neither of these appears ever to have been composed by him; so that, as it now stands, it treats only of offenses capital, which is indeed the most important branch of the crown-law, being what most nearly affects the life and liberty of the subject; besides, in treating hereof, he has unavoidably explained many incidental matters equally applicable to offenses not capital.

The first part of this work relates to the nature of the

offenses, viz. the several kinds of treason, heresy and felony, the second of these, heresy, being an offense of a spiritual nature, of which it was not our author's purpose to treat, was at first wholly omitted by him; but afterwards considering, as I suppose, that by its being circumscribed by act of parliament, viz. 1 Eliz. it became an offense of temporal cognizance, he thought proper to insert a chapter upon that head.

The second part relates to the manner of proceeding against offenders; wherein are considered the jurisdiction of the several courts; the manner of apprehending, committing, bailing, and arraigning offenders; their several pleas, bringing them to trial, judgment, and execution.

Having thus given some general account of the author and the work, it will be proper, in the next place, to acquaint the reader with the part I have had in this addition, which has been to supervise the printing thereof, that it be agreeable to our author's manuscript, which being written in a very obscure hand, might, by one wholly unacquainted with the law, have been frequently mistaken.

To make this work the more authentic, the several references herein made to the records have been compared with the originals at the respective offices in the Tower and Westminster.

I have also carefully examined the several quotations from the year-books, reports, &c. many of which being quoted without folio or page, or else mis-quoted, have with no small trouble been supplied and rectified; for our author, not having always had leisure to consult the books themselves, has frequently copied from the mis-printed quotations in the margin of lord Coke's third volume of his Institutes.

As it cannot be expected, but in the writing so large a manuscript, some words must, currente calamo, have been omitted or wrong written, I have in some few places taken the liberty to add or alter a word or two to preserve the sense; but have been particularly careful to distinguish such addition or alteration within crotchets, that I might not impose my judgment on the reader, but leave him to judge for himself, whether the drift of our author's reasoning do not require it.

I have likewise subjoined a few notes, containing some observations from the records; as also remarking, where the law hath been since explained by later resolutions, or altered

by subsequent acts of parliament; but as these acts are sometimes very long, consisting of many clauses, the reader is desired to use the same caution here, which is recommended by our author(r) with regard to those recited in the work itself, viz. "that he rely not barely upon the abstracts thereof here given, but peruse the statutes themselves in the books at large.'

I am sensible many slips and omissions must needs have happened in the supervising so large a work of so critical a nature, but hope that will plead my excuse, at least to those, who consider the wide difference between perusing it in a fair print and in a difficult manuscript.

MARCH 30, 1736.

(r) Part I. p. 261.

For Table of Cases (cited in the notes,) and Table of Abbre

viations, see the beginning of Vol. II.

A TABLE

OF THE

SEVERAL CHAPTERS CONTAINED IN THE FIRST PART.

CHAPTER I. Concerning capital punishments

CHAPTER II. Concerning the several incapacities of persons,

and their exemptions from penalties by reason thereof

CHAPTER III. Touching the defect of infancy and non-age

CHAPTER IV. Concerning the defect of ideocy, madness, and