prefent defign was to be concife and useful; to add no irrelevant matter; and to keep ftrictly to the points in the forms. In this view it was thought advifeable, for the convenience of students, to felect and arrange in notes fuch authorities and principles as invalidated or substantiated the precedents. In this refpect, the head of abatement may appear unneceffarily copious. But when it is confidered, that few of the printed Entries are on this head copious and correct; that these pleas are neceffarily drawn in hafte amid the hurry of the fittings; that, being dilatory pleas, they are odious, and of course the greatest accuracy and precision in form is required; and that the law refpecting them has on many important points been but lately fettled; it is prefumed, that the annotations will be found neither inconvenient nor fuperfluous.

THE fources, whence the work has been drawn, are manuscripts of accomplished pleaders, records of adjudged cafes in our own courts, and, where these failed, the English entries and reporters. Whenever it was practicable in selection, the ancient pleadings have been preferred for their technical brevity and legal precifion. In thefe refpects, Raftall is an admirable model, and worthy of the attention of every lawyer. The Clerk's Affiftant, the Inftructor Clericalis, Herne's Pleader, the. Entries of Coke, Raftall, Levinz, Brownlow, and Thompson, among the ancient pleadings, and Lilly, Morgan, and Wentworth, among the modern, have been chiefly confulted. The re'porters, particularly the late ones, have fupplied many useful forms. But to the very valuable edition of Saunders' Reports by Serjeant Williams the highest obligations are duc. From the text of this very able pleader, and from the numerous comments of his late editor, copious extracts are in every part of this compilation. Even where notes had been previously prepared, references have been added to this edition of Saunders to fanction opinions, or add weight to authorities.

THE reader is not to conclude, that all the pleadings, which are here inferted, are exact in form, or sustained in

principle.

principle. Some were adopted from the authority of names, fome from the authority of books, and fome from the respect due to living pleaders.* Though occafionally a quere is added to guard against fuppofed error, yet it would have illy become the Compiler to have amended by his own judgment, or questioned on legal prefumption. As the authorities, however, are generally annexed to the pleadings, the reader is left to decide for himself on their validity. Any other responsibility, than for the general accuracy of transcription, is wholly disclaimed.

SUCH are the pretenfions of the work, and the profesfion must decide on its execution and utility. The Compiler is duly fenfible of his inadequacy to the task; but the proffered affiftance of eminent counfel, and the encouragement of profeffional benefit, have insensibly led him to the prosecution of it. Thofe alone who can command legal experience competent to perfect the design, elevated to the higher grades of juridical honor, feel not the defire, or want the leifure, to smooth the intricate paths of special pleading.

HUMBLE and confined as this Compilation may appear, it has not been made without very confiderable labor. In fubmitting it to public candor, the words of Lord Coke, in his preface to his fourth Report, are offered for confideration-Illud a docto lectore peto, vel ut corrigat ficubi erratum invenirit, vel faltem ne partem aliquam reprehendat, donec totum ftudiofè perlegerit, unde forté fiet, ut pauciora criminetur.

SALEM, 1804.

• Most of those drawn by living characters in this Commonwealth, have been inspected by them previous to publication. Indeed the whole work has been perufed by feveral learned Counsel, for whose valuable commente and kind advice, I entertain an unfeigned gratitude.

Advertisement.

IT may not be unnecessary to inform the reader, that the letter D. ftands universally for the Defendant; and that "the Plaintiff" is fubftituted univerfally for the real name of the party in the original pleadings. It was thought, that this would tend to perfpicuity, as well as be conformable to the practice of fome of our best pleaders. Other flight variations are made from the precedents abstracted from the English books; fuch as the fubftitution of Commonwealth' for our lord the king;' common highway' for 'king's highway,' &c. But, except where it is otherwise noticed in the text, the pleadings are in general exact tranfcripts; though it was conceived, that very many admitted of retrenchments and alterations. These may be made at the discretion of every gentleman in his own particular practice.

THE Editions of the books quoted are in general those in common use. That of Rastall is of A. D. 1596; and when that of A. D. 1566 is ufed, the former is quoted between brackets, [thus]: Morgan's Pleader from the Dublin Edition A. D. 1792, except when otherwife noticed, or included between brackets: The Inftructor Clericalis from the Edition A. D. 1721 Saunders' Reports from the Edition A. D. 1799; and Plowden's Commentaries from the Edition A. D. 1792. The citations marked M. S. S. [G.] are from a Manuscript of Pleadings of the late John Gardner, Efq., abfracted apparently from records of the English Courts. For the use of them I am indebted to the politenefs of a gentleman of high official character.

THE notes, which are quoted between commas without any particular authority being adduced, have been supplied by the gentlemen to whom the whole work has been submitted; and the general accuracy of the whole annotations has, in the Compiler's opinion, acquired weight from their juridical talents and eminent stations in the profeffion.

It is prefumed that the errors of the prefs will be found neither numerous nor important. For fuch as occur, the distance of the Compiler from the prefs, and of course the difficulty of immediate communication, will, it is trusted, be deemed a fufficient apology in a work, which, from the peculiarity of legal language, must embarrass the ordinary employments of printing.