PREFACE.

T hath often been obferved with Concern, that the Study of the Laws of our Country hath been totally neglected in the ufual Education of ENGLISH Gentlemen; and, in particular, that no Opportunities of cultivating this Branch of Learning have hitherto been afforded in those excellent and illuftrious Seminaries, wherein every other Science is taught in it's atmoft Perfection. To remedy, in fome little Degree, fo juft a Complaint, the Compiler of the following Sheets was induced about three Years ago to inftitute, and fince to continue, a Cour fe of Lectures, calculated for the Promotion of this Study in the Univerfity of OXFORD. And as he was encouraged to enter upon this Undertaking by Gentlemen, both in the Univerfity and

out of it, for whofe Learning and Judgment the World has the higheft Deference; fo he So be cannot but acknowlege, with due Gratitude, the favorable Reception which hath been given it: A Mark of Approbation, which he is fenfible must be attributed entirely to the Propriety of the Defign, and not to the Manner of it's Execution.

In order to render this Attempt more extenfively useful, he thought it incumbent upon him to accommodate his Lectures, not only to the Use of fuch Students, as were more immediately defigned for the Profeffion of the common Law ; but also of fuch other Gentlemen, as were defirous of fome general Acquaintance with the Conftitution and legal Polity of their native Country. He therefore made it his firft Endeavour, to mark out a Plan of the Laws of ENGLAND, fo comprehenfive, as that every Title might be reduced under fome or other of it's general Heads, which the Student might afterwards pursue to any Degree of Minuteness; and at the fame time fo contracted, that the Gentleman might with tolerable Application contemplate and understand the Whole. For if this was fuccessfully performed, he apprehended

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be fhould then be enabled, with greater Perfpicuity and Eafe, to execute the Remainder of his Defign; in deducing the Hiftory and Antiquities of the principal Branches of Law, in felecting and illuftrating their fundamental Principles and leading Rules, in explaining their Utility and Reafon, and in comparing them with the Laws of Nature and of other Nations.

In the Purfuit of these his Endeavours, he found himself obliged to adopt a Method in many refpects totally new. The most early, and indeed the most valuable, of those who have laboured in reducing our Laws to a Syftem, are GLANVIL and BRACTON, BRITTON and the Author of FLETA: But these, and all others who preceded King HENRY the eighth, are fo occupied in antient (he does not say, ufelefs) Learning, that it had been but an awkward Attempt to engraft on their Stock the Improvements of later Ages. BERT, and BROOK, and the fubfequent Authors of Abridgments, have chofen a Method, the leaft adapted of any to convey the Rudiments of a Science; namely, that of the Alphabet. Lord BACON, in his Elements, hath purposely avoided any regular Order; felecting only fome diftinct

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FITZHER