A Collection of feveral Special Cafes argued and adjudged in the Courts of THE FIFTH EDITION, CORRECTED: WITH THE ADDITION OF MARGINAL REFERENCES AND NOTES, By THOMAS LEACH, Efq. OF THE MIDDLE TEMPLE, BARRISTER AT LAW. LONDON: PRINTED FOR G. G. J. AND. J. ROBINSON; E. AND R. BROOKE; L. WHITE, DUBLIN. 1793 THE PREFACE. B EFORE I give an account of the following cafes, I shall mention fomething of REPORTS in general. We have no printed cafes of the ancient proceedings either in the Sheriffs torn, or in the county-courts; the reafon whereof may be, becaufe JUSTICE was then administered in a fummary way, and de plano. NEITHER have we any for above one hundred years after the courts of law were fettled in Weftminster-Hall; which was about the later end of KING JOHN. But in the reign of Edward the Third, when the profeffors of the law, as my LORD COKE obferves, were excellently learned, and when SERJEANTS drew their own pleadngs, then, as he farther mentions, jangling and questions did arife, and exceptions were taken more to form than to matter. It was then our book-cafes began, and have been continued ever fince. And it is necessary it should be fo, because the opinions of lawyers are generally See Dr. Tay guided by those of their predeceffors, in which theyor's Eleseem to imitate the ancient prætors, who established ments of Citheir judgments, not fo much upon their own reason, as upon the written laws of the empire. vil Law. 214, 215. |