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 precision. In these respects, Rastall is an admirable model, and worthy of the attention of every lawyer. The Clerk's Assistant, the Instructor Clericalis, Herne's Pleader, the Entries of Coke, Rastall, Levinz, Brownlow, and Thompson, among the ancient pleadings, and Lilly, Morgan, and Wentworth, among the modern, have been chiefly consulted. The reporters, particularly the late ones, have supplied many useful forms. But to the very valuable edition of Saunders's Reports, by Sergeant Williams, the highest obligations are due. From the text of this very able pleader, and from the numerous comments of his late editor, copious extracts are inserted in every part of this compilation. Even where notes had been previously prepared, references have been added to this edition of Saunders to sanction opinions, or add weight to authorities.

The reader is not to conclude, that all the pleadings, which are here inserted, are exact in form, or sustained in principle. Some were adopted from the authority of names, some from the authority of books, and some from the respect due to living pleaders.* Though occasionally a quære is added to guard against supposed error, yet it would have ill become the Compiler to have amended by his own judgment, or questioned on legal presumption. 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 pretensions of the work, and the profession must decide on its execution and utility. The Compiler is duly sensible of his inadequacy to the task; but the proffered assistance of eminent counsel, and the encouragement of professional benefit, have insensibly led him to the prosecution of it. Those alone who can command legal experience competent to perfect the design, elevated to the higher grades of juridical honor, feel not the desire, or want the leisure, to smooth the intricate paths of special pleading.

Humble and confined as this Compilation may appear, it has not been made without very considerable labor. In submitting it to public candor, the words of Lord Coke, in his preface to his fourth Report, are offered for consideration :-Illud a docto lectore peto, vel ut corrigat sicubi erratum invenerit, vel saltem ne partem aliquam reprehendat, donec totum studiosè 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 perused by several learned Counsel, for whose valuable comments and kind advice, I entertain an unfeigned gratitude,

FROM THE

ADVERTISEMENT

TO THE FIRST EDITION.

It may not be unnecessary to inform the reader, that the letter D. stands universally for the defendant; and that "the plaintiff" is substituted universally for the real name of the party in the original pleadings. It was thought that this would tend to perspicuity, as well as be conformable to the practice of some of our best pleaders. Other slight variations are made from the precedents abstracted from the English books; such as the substitution of "Commonwealth " for "our lord the king; 99 66 common highway," for "king's highway," &c. But, except where it is otherwise noticed in the text, the pleadings are, in general, exact transcripts; 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 used, the former is quoted between brackets, [thus]: Morgan's Pleader, from the Dublin edition A D. 1792, except when otherwise noticed, or included between brackets: the Instructor Clericalis, from the edition A. D. 1721: Saunders's Reports, from the edition A. D. 1799; and Plowden's Commentaries, from the edition A. D. 1792. The citations marked MSS. [G.] are from a manuscript of pleadings of the late John Gardner Esq., abstracted apparently from records of the English courts. For the use of them I am indebted to the politeness 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 station in the profession.

ADVERTISEMENT

TO THE PRESENT EDITION.

In the edition submitted to the profession in the following pages, will be found the following improvements and additions: 1. The former edition has been revised and corrected by the original Editor, and some further Forms and Notes have been furnished by his hand, which will be found in their proper places: 2. The present Editor has furnished a concise general Introduction to the whole work, containing some of the principles and rules of the law of pleading, which are of the most frequent application in practice; as likewise a particular Introduction to the Pleadings under each general title or form of action. But the title from page 73 to page 77 is by the original Editor. He has also introduced some further Notes and Annotations, which are distinguished from those of the original Editor, either by the head "Additional Note," prefixed, or the signature (O.) subjoined. These additions amount in quantity to about 150 pages, but are introduced without much increasing the number of pages contained in the former edition, by merely enlarging the size of the page, and printing the work in a more condensed style.

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