No More Learning

(h) Co. Instit. 488. Salk. Rep. 552. Galizard Rigault: This the
may required.
the turns leets VOL.
And lord Coke says, That ancient times was punishable
fine imprisonment the name Letherwite, Inst. -
them, their made
e
to in & toorofof
inby of
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be
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of to it
is is
-or
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§ it
in to in a
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it
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P. to us in
is of to
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it its
xxxiv
PREFA C ES TO FORMER EDXTION 5
admit of any prosecution in a criminal way ; yet whether we consider
the guilt of the offender, or the mischief done to the injured party, there is no comparison between the one and the other. What proportion is there between a private Theft, perhaps of some trifle, which may soon be repaired, and the invasion of our neighbour's bed, (i) irreparably
robbing him of the satisfaction and comfort relations, and imposing upon him the charge
issue his own The one often done only
pressing hunger, but the other always
ungovern'd lust. Nor can with reason pretended, that the one crime public, the other private nature: the public con cerned the preservation the Property Goods, cannot less
the preservation the more valuable Rights, which affect the peace and quiet families. private stealing offence against the community The other much more so, having greater tendency
promote frays, and quarrels, public disturbances and breaches
the peace, from whence bloodshed and murders often ensue (k).
—What may the reason why our laws make light this enormous Crime, whether the countenance receives from great examples and the commonness the fault, some other reason, will not take upon me say but most certain that the laws other nations (l) had different sense and treated severer man ner by the Mosaic law was always punished with Death (m); and long before that law was esteemed “an Imiquity punished by
the Judges (n). ”—By old law Romulus (o) the Adulteress was put death; Adulterii convictam vir cognati, volent, necanto
and tho' afterwards the Civil Law, Ler Julia Adulteriis, punish’d it. only [per relagationem (p) with banishment, [per deportationem (g)] with transportation into some remote island; yet the, father the adulteress was permitted kill both his daughter and the adulterer (r), and some instances the husband had the same power (s); and chanced use that power case not allow'd, even then was not
—
seducing servant away from his master's service; and that the same reason extends
488. Inst. 206. allowed hands that indictment lies
the seducing wife away from her husband this there precedent Tremain's Entries, 299. 213. 214; The King against Montague, Jac. and another Offic. Cler. Pac. 311. Tho' these were Cases where the Wife went away with the Adulterer, yet the reason holds proportionably, where she
seduced breach her fidelity and trust, tho' without going away.
man debauch wife's sister, this has been held Misdemeanor punisi
family, confounding maintaining spurious allay the violence
gratify irregular and
able indictment information; this was the Case Ford lord Grey, for debauching the earl Berkeley's daughter: See Trials, 1682, and the
king against Heathcote, debauching Mr. Holworthy's daughter, Trin. Geo. (1720) Rot. 46. Sure not less injurious debauch another
man's wife; but still
severity the guilt
thought deserve;
betake himself civil action damages; tho' Mr. Wollaston says the
place cited below, the offence such made for the injured man thinks so, the law should framed, rather than aim making amends for after
(i) See Wollaston's Religion Nature,
nature that satisfaction can
generally does. this so,
deter from committing the crime, committed.
Ezek, cap. 18. ver. Methodo Historica, cap,
punishable only Misdemeanor, and not with that the offence requires, and the laws other nations have
that the injured party manner obliged
par.
(k) See Hen. (? ) Sce Godolph. Abridgment, cap. 34.
(m) Levit. cap. 20. ver, 10. Deuter. cap. 22. ver, 11; Susanna, ver. 41. John. cap. ver,
(n) Job, cap. 81. ver, 11. (o) See Bodinus
(p) Digest. Digest. (*) Digest,
divortiis repudis, lib. 24. tit. quaestionibus, lib. 48. 18. leg. Jul. adulter, lib, 48,
20.
(s) Ibid. 24.
tit. l.
6,it he is
&
it or is,
of
beto
to ofof
{ 1. Ifisato“toin
)q a be: toby3in ofas
addede
7,
to R. be a
or his p. It
a be to
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3,5. g. in 1. i.
as
an
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be in beto
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22.
no a
it A. of be
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it
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for
2. into he :
is of ofsoaa
OF THE STATE TRIALS.
to be punished with severity, but only to undergo a milder sort of punishment (t) : but at length when the empire became Christian, under the reign of Constantine, Adultery was made capital, Sacrilegos
nuptiarum gladio puniri oportet (u), and so it continued to Justinian's (1) time and long after. Some are of opinion that it was so even while the empire was Heathen, under the reign of Diocletian and Maximian, it being enumerated in one of their laws (y) among the capital Crimes.
has not, nor indeed could affix to each a certain and determinate Penalty, Misdemean
this is left to the discretion and prudence of the Judge, who may punish Ors. it either with Fine or Imprisonment (z), Pillory or Whipping, as he shall
think the nature of the crime deserves: but though he be intrusted with
so great power, yet he is not at liberty to do as he lists, and inflict what arbitrary punishments he pleases; due regard is to be had to the quality
and degree, to the estate and circumstances of the offender, and to the
greatness or smallness of the offence ; that Fine, which would be a mere
trifle to one man, may be the utter ruin and undoing of another; and
those marks of ignominy and disgrace, which would be shocking and grievous to a person of a liberal education, would be slighted and de
spised by one of the vulgar sort (a). A Judge therefore who uses this discretionary power to gratify a private revenge, or the rage of a party, by inflicting indefinite and perpetual Imprisonment, excessive and exor bitant Fines, unusual and cruel Punishments, is equally guilty of per verting justice and acting against law, as he, who in a case, where the law has ascertained the penalty, wilfully and knowingly varies from
As to smaller Crimes and Misdemeanors, they are differenced with Of smaller such a variety of extenuating or aggravating circumstances, that the law Crimes and
measures were man who guilty
observed these discretionary Punishments,
Misdemeanor might worse condition
capital crime; might exposed an Imprison
than had committed
indefinite and perpetual Imprisonment, punishment not favoured ment, and by law, being worse than death itself (b): nor does extravagant Fune.
Fine, which beyond the power the offender ever pay differ much from for his Imprisonment depend upon
raise, condition,
which will never his power perform, the same
absolute and unconditional
Rights and Liberties the Subject,” &c. The same Statute declares the Illegality unusual and cruel Punishments.
was the non-observance these Rules, which occasioned the disso
were pay such
XX^{V
his offence deserves, lieu according
the offender not able
must then submit corporal punish
Fine
ment
luat
quires the saving every man's contenement, (viz. his means livelihood) extends only Amerciaments, which are ascertained Jury, and not Fines, which are imposed the Court; but nevertheless those Fines ought moderate and within bounds; where court has power setting Fines, that must understood setting reasonable Fines (e) “an excessive Fine,” says lord Coke, (f), “is against law,” (g), and declared the Act (h) for declaring the
the old Rule, Quinon habet crumena, cute (c. ). true, that Clause Magna Charta (d) which re
(t) Digest. leg. Cornel. sicariis, lib. 48. tit. leg. Jul. adulter. 38.
Digest.
Nat. Obs.
(u) Cod. (r) Institut. (y) Cod.
leg. Jul. adulter. lib. tit. 30. publicisjudiciis, lib. tit. 18.
transact. lib. tit. 18.
(a) Wollast. Relig. 25, Grot. jur. bel. lib.
Rep. 4. 44. (g) See John Hawles's Remarks Fitzharris's Trial, &c. (h) Gul, Mar, Sess, cap.
(2) Co. Rep. fo. 59.
Law Nat. cap. pejor morte, Trials.
Puf. (b) Vita (e) Co.
Rep. 38. (fl.
20. 33. (c) Co. Instit. 173. (d) Cap. 14.
on
a If Itto no
fo. of 8
de
in in as : . #
if as he
b. b. de ad
8 de ad
to to of
is
is
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2 2. 8. 1
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2. § i.
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a
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in ifor
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ii. 4.
2,sirc. of § ,
of
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so ofis
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it
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ofto
xxxvi
PREFACES TO FORMER EDITIONS
lution of the Star Chamber (i) ; a Court, which lord Coke (k) calls the most honourable in the Christian world, consisting of the chief officers of the kingdom, but as he observes (l) was of such a nature as most of all needed to be kept within proper bounds; might indeed have served
very good purposes, rightly managed, being chiefly intended for the correction scandalous Indecencies and Immoralities, which did
and
shame and infamy, and mark him out the public, trusted, but shunned and avoided
honest men peltings
person not
secure him justice ought
did He that time protect him when man
the hands liberty,
justice, and many
ordinary jurisdictions (m) but when wreak the malice particular persons, Court-Faction; when limits
not fall under the cognizance
once authority was abused
and prostituted the base ends
were observed the exercise
tences; when the Judges thereof, however dignified their posts, be
Jurisdiction, nor humanity Sen
disgrace
came . . " human nature their barbarous and cruel butch
erings, pretended Libels not only with perpetual Imprison
brandings
ments, but with the face and mutilation when
members;
the case was thus (as appears have been from some instances (n)
this Collection), was then high time tear the roots, Grievance longer borne with. Judge therefore ought
strictly careful that conform the rules law not only the nature the Punishment, but likewise the degrees thereof.
indeed easy matter settle the precise limits, how far Court Justice may every case must depend upon own particular cir
Johnson. -
These Punishments may doubt properly inflicted, where they are moderate degree and proportioned the offence only were be wished, that some better care were taken the execution them.
How unreasonable that Criminal sentenced whipt should lie the mercy vile executioner, and that should left the power common hangman make that Whipping severe favour
able pleases this respect must owned we are excelled foreign countries, where the magistrate, who the best judge the
Offender's guilt, present the execution the Sentence, and gives Pillory; the proper directions about
As the Pillory, that intended only expose the Offender
Whipping,
cumstances. But some Fines and some Punishments are
extravagant, that body can doubt their being such were the Fines Samuel Barnardiston and Mr. Hampden, such were the repeated Pilloryings and barbarous Whippings Oates, Dangerfield, and
creditable and exposed the mob, the assaults and injuries furious rabble, whereby
never did the law design that should
the prisoner
there, which was, that might
indeed surprizing neglect, that
taken suppress these practices, especially considering the fatal conse quences which have souletimes ensued from them, even the loss the poor man's life. not sufficient that whoever injures him this manner may punished for doing; for how possible that
disguised
man his condition should observe who
defeat one main design setting him publicly known and observed.
the law, and thereby disabled from beingo own defender, the law ought
cases able
defend himself; but when
the custody
(i) This was Court common Law confirmed Hen. solved Car. cap. 10. (k) Instit. 65.
(m) Ibid. 61. 63. (n) See Proceedings against Prynn, Proceedings against Bastwick, Burton, and Prynn, 1637.
cap. and dis (l) Ibid. 60. 1632-3, and-
effectual care has hitherto been
that does him the injury,
monstrously
or fit ofat to ofIt beain
to
is toainis
by intoabetoasaofofaits
10 ofhe
to a: sir
a toifbe is of no no
1. he so is a go into
of
Itor Inis no;itto by is to it it
if
he beto is to heto
: asit. atano bein its
is so to to of toof
atbeit toitsof 4 a no to bya
it beas
heis tobeto toAto
isisin ofhe toof it it
A.
D. 3 as ofit
byinat aisinof
is by to its of
it bebe so up of
A. 7. tobeall ;; by
D. heof ofas so by
aorin :
1. of is as as in no
inin * ofit ato its of It to of
to a
is to by toas
r
OF THE STATE TRIALS. ~.
be his security and defence against any injurious treatment. It cannot be pretended that this is altogether impracticable; experience shows us,
xxxvii
On Gaol. crs,
how effectually it may be done, when the officers find an advantage by
it; nor would there be any harm in the officers were obliged by
proper penalties take the same care without money, which they are well able do with
Another thing which our Law seems defective the want some further guard against the Packing Justies, and the Oppressions and Extortions Gaolers; but these are now under the consideration the legislature, who, hoped, will apply proper Remedies these growing evils (o). As the latter these, fear Remedy will effectual while they are suffer'd buy and sell their places; for while that permitted, they will under stronger temptations than men their charac
and function usually resist, exact more than their due the thing itself has an appearance hardship, force man into gaol against his
will, and yet oblige him pay for his admission into guilty, the punishment the law should deem'd sufficient; but innocent,
the hardship still the greater, especially where falls upon the indi and their
gent and necessitous. chiefly owing this that our Gaols swarm with multitudes miserable objects, who there year after year without. any hope redemption; that when they have suffer'd the penalty the law, they have severer punishment still undergo for the non-payment Fees (p), debt which forc’d upon them against their consent, and
often out their power ever discharge, whereby the poor wretches are effect condemned perpetual imprisonment; thing very odious
the eye the law, even for great and heinous crimes. How much better would for the public allow the Gaoler reasonable salary, instead these perquisites, which arise from the miseries the unfortunate, who
are thereby often necessitated take dishonest and unlawful methods enable themselves pay them By the common Law (qJ, avoid extortion and grievance the subject, sherifi, coroner, gaoler other
the king's ministers ought take any fee reward for any matter touching their offices, but the king only. This extended whose offices did any ways concern the administration execution justice,
'ces.
the subject, the king's service (r). -Fortescue the Sheriff's Oath upon entering into his office, take nothing any other man than the king by means his office. ” Divers acts parliament (t) have been
the common good (s) relates part
“That
colour
made
Maxim
could take Fee for doing their office, but the king, then had they colour exact any thing the subject, who knew that they ought take nothing them but after this rule
shall receive
affirmance this, which Lord Coke (u) calls “a fundamental the Common Law;” adds further, that while Officers
was alter’d by some acts parliament, which gave the king Fees some particular cases taken
the Common Law the said ministers
the subject,
not credible what Extortions and Oppressions have thereupon ensued;
whereas before without any taking their office was done, now office was done without taking, the Officers being fetter'd with
golden Fees, setters the suppression subversion
(o) Both these Grievances have been since remedied former the Geo. cap. 25. and the latter Geo.
Justice” (r).
some measure, the cap. 22. (p) Mir Justices, 53. says, Abuse that Prisoners, any for
them, should pay anything their entrance into coming out Gaol.
(? ) See Co. Inst. 74, and the Authorities there cited. Co. Inst. 209.
(*) De laud. Leg. Angl. cap. 24. Mag. Chart, cap. 35. West. cap. and cap. 26. (u Instit. 210. (r) Instit. 176.
t( )
; tototo toto It he be
2
or
an orall ofno to
by to lie if
2
all
1. or 10.
ofto to
be
for
of or of issoIttooftoisit. of to is
For of
of
or of of in of ter so 7.
by
at
to no
in or he
it of
be of of
of it
c. 3 as no as a is to
5. to aofofof
)§ inatofto
. 1. 2. of to
to
n. to ofall ofof
be
itin
is at of or
to of
ofit,
2 beoforatoaI
74 “orofais
&
( 2. in
r) of 2 of
oftoof
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it
no
it is
allto
in is
of
,
isbe
all
or
to
of of
it:no
if ifhe;
of
is
xxxviii PREFACES TO FORMER ED1TIONS
instituted by the law the land, homines diu detineantur prisona, but that they might receive plenam celerem justitiam: adds, that Gaols
ought delivered thrice year, ottner, need be. Of much consequence does the law esteem be, that the Abbot St. Albans who had grant Gaol and Gaol-delivery, was adjudged have for
feited his franchise for unreasonable delay making Delivery
The true De
sign of Gaol veries can never answer'd This Commission, says lord Coke (y),
deliveries;
While Prisoners are thus long detained, the true design Gaol-Deli
Gaol-deliveries, after the law has done with them, they may still detained for Fees, which they will never able pay —Another design Gaol-deli
veries was by clearing the Prisons make room for new comers; but the Discharge the old Prisoners being these means prevented, the
his Gaol. But what are the Prisoners benefited
new ones renders the croud great, that the place inhabitants: this, together with the filth and their miserable poverty and want convenien
continual addition
becomes too strait for
nastiness occasion'd
cies, the cause those contagious distempers which are wont vio
lently rage many our prisons, not confining themselves within
the prison-walls, but sometimes spreading their infection the very
court where the prisoners are brought Trial, judges, juries, counsel, and who attend there. this recorded History (a) have happen'd
the small hazard dreadful instance the twentieth year
The conse quences the
queen Elizabeth Oxford assizes, when the Prisoners brought such stench with them into court, that the Lord Chief Baron Bell, the Sheriff,
several Counsel, almost the jurors, and near three hundred others, died
within the space forty hours after could wish our own times had not furnished with fresher instance this kind.
further Mischief arising from this long Detention Prisoners that
defeats the principal end law and justice. All Punishments common Ma low capital are intended reform the criminal, and deter him from
be
magement Gaols.
fending again: but our Gaols are commonly managed, fear'd,
they breed and harden more rogues, than the law either reclaims removes. #. prisoners are indulged great liberty rioting and
debauchery, keepeirs,. advantagearising
which the who have the from the
sale the liquors, find their account promoting; the young novices are permitted contract intimate acquaintance and familiarity
with the old offenders, that our Gaols are rather the schools and nurseries manner roguery and wickedness, than proper places for correc
tion and amendment. closerved, that they who enter
ers,
raw and unexperienc'd offend with some sense shame and
soon grow impudent and harden’d villains, entering themselves
members gang, wherein they are not only instructed the theory, but experienc'd the practice their wicked arts. This may seem strange some, who think they are restrained, (at least while they are
prisoners) from doing mischief without doors; yet not without reason apprehended others, that they sometimes find means make excur
sions, which hard accounted for without the connivance per mission their keepers, who no doubt take care be no losers
by and though this may favour not usually shown any but inferior rogues, who are detained for smaller crimes; yet could mention
instance (attested person undoubted credit) one who was
committed while was mitting fact
Newgate for breaking open house the night-time, and suppos'd custody for that offence, was apprehended com
the like kind remote part the town.
(y) Instit. 168. (z) Co. Instit. 43. (a) See Baker's Chronicle, 353.
modesty,
p. an of itA
it all
4: ofisis
ahe to to
a to be
of of
to is ato up
of
ill of
p. ofinbybeofto usininof
in ofatof ofbe
to asa ofa
by byof
a be It to all of its be is
an
2 soofalla:
in a
be alltotoet
an
by
of a
of
it ne toor is
anin so
to
a
of a to inif
in it of inA so by
is of behe
ofI to to it in in is
no
of
to to in
of
of to
in of
or
be
is,
so
so
in or
of
a ofof
of
of ) if (:
it. ofI
to
OF THE STATE TRIA LS.
Another matter of complaint that intolerable and inhuman practice many Gaolers, who extort from their unhappy guests such sums
xxxix
The Use
they shall think exact, thrust them soon they arrive within Fetters
their dominions, into stinking dungeons, loading them with Fetters and
awls.
Irons till they can bring them mands (b): the pretence indeed prisoners, and therefore ought
compliance with their unjust de that they are answerable for their allowed the use proper means
secure them. That this nothing but pretence sufficiently plain,
money being generally able procure release from these shackles,
which then become longer necessary for the safeguard the Pri soner, having already answered their real design. Though Gaolers are
indeed answerable for their Prisoners, yet neither the law England nor common humanity esteems such means proper ordinary cases;
Severos quiden facit justitia, inhumanos non facit (c): they may make their Prisons strong they can, may set what guards and keepers they will
process the law; Carcer continendos homines, non debct (d). Prisons are designed only for the custody
their punishment, unless when becomes part
even then otherwise intended punishment, than way confinement the prison, not justification any usage Custodes gaolarum panam sibi commissis mom augeant, mec eos torqueant, vel
redinant, sed omni savitid remotá pictategue adhibità judicia debit erequan
tur(e). escape,
fettered: otherwise may pretended prisoners, let them behave never peaceably and civilly, who will by these means the mercy gaolers, whose very mercies often are cruelties (g). The same Author says another place (h), “Where the law requireth, that the Prisoner
should kept salva arcta custodia, yet that must without pain torment the Prisoner,” which Chains and Fetters undoubtedly are. And again his Comment (i) the Statute Westm. cap. by which Statute the Gaoler permitted particular case there mentioned
watch them, but must use force violence their persons, tortures pains, while the Prisoners quietly submit themselves the
puniendos haber: the Prisoners, not the Sentence; and
‘hoins and
prisoner boisterous hd unruly, makes any attempt perhaps only threatens so; such case may
use stricter discipline. Lord Chief Justice Coke says (f),
allowable
“That Shackles about the feet ought not be, but for fear escape. ”
these words have any meaning, they must import, that unless pri soner has given just cause apprehend Escape, ought not be
lay his prisoner irons, makes this observation, “That the Common law might not done. ” There one great absurdity this practice, that these means the prisoner often suffers more before
tried, than the law inflicts him when found guilty; but zet know not how comes pass, too generally and too notoriously practised either conceal’d deny’d. This method proceeding resembled lord Coke (k) that Rhadamanthus the Judge Hell, who first punisheth and then heareth like the chief Captain did
Paul (l), first ordering him bound with chains, and then demand ing him who was, and what had done.
(b) See the Reports the Committee the House Commons appointed inquire into the State the Gaols, 1728-9, relating the Fleet and Marshalsea
ever any die Prison, the law requires the Coroner should inquire into the manner their death, before they can
cap. 26. (*) Co. Instit. 35. (i) Instit. 881.
(c) Co. Instit. 315.
Prisons.
(d) Digest. lib. 48. tit. 19. poenis, Bract. fol. 105. Co.
(l) Acts, cap. 21. ver, 33,
(k) Instit. 55.
(e) Fleta, lib. cap. 26. (f) Instit. 34.
Instit. 43.
(g) 'Tis this presumption Gaolers ill-treating their Prisoners, that when
their bodies, buried. Flet. lib.
3
in a no as
of ofof et heis no to
in
on
to
by in
a
to
St. Ihe to of If of is inso
for to ofor as
of
2. l. of ;ofis in §
ofan to do all
9. as
p. to isof
inor of
2
at
of
of itby of
1. to
by is in or beto it. of no to
as
on p.
of
2.
ill
3
he is
be l. of sit 3.
of to in is as
be it
to is
to
be or
to If it
do
he
2itbyinitif to
is of1, de to to to behe
beto
is
as no totois,
ad to 8. a toasor
beor on he iton
a it
a as a
beis,a
as
a. of 1 a
2 by1. tointo
be he lie
ofad
of
fit
in of
xl - And on the
PREFACES To I of MER EDITIONs
8. There is one thing more which ought not to be wholly passed over,
l'o/uminous
mess of the Laws.
the Multiplicity and Voluminousness our Laws: what lies many various (some obsolete) Acts, were (so much them judged continued) collected under their several many distinct acts, the law would much more plain and easy whereas now, considering the variety subjects, which are often
thrown together into one act, and the various acts relating one and the same subject, easy matter find out the whole relating one particular head and when found, many difficulties arise from the clashings and inconsistencies the several acts, the old ones not being
always sufficiently consulted when the new ones are made that wished we may never feel the inconvenience which Tacitus (m)
complains his time, Antehac flagitiis laborabatur, nunc legibus. thought these short Observations upon the Laws England, far
they relate public Crimes and the incidents thereto, would not altogether unsuitable Work, consisting chiefly the Histories Criminal Prosecutions.
An Account of this Edi town.
and that -scattered should
lieads into
The Conclusion naturally resulting from the whole That our Laws have many Excellencies and Advantages which we have just reason value them for, they have also their defects and blemishes: such
blind veneration for them, pose perfection which
the greatest obstruction things need mended,
will not allow this, does not only sup human contrivances are incapable but attempts for amendment: that some experienc'd lawyer can deny; and that
they should so, every honest one will heartily desire.
Whether the Particulars here mentioned be of that number, sub
mitted the judgment true lovers their country, who hoped will far from being offended hereat, that they will use their utmost endeavours promote the amendment whatever shall appear need
pretend not have taken notice every particular
Law which may deserve my design was only give
wherein might evince the necessity reformation; and
any way instrumental bringing about by stirring others more capacity and influence undertake the task, shall answer my end.
The reader will by this time expect some Account the Improve ments and Alterations this Second Edition. When the first Edition
was preparing for the press, the Undertakers were great pains and ex pence, and offered large encouragements procure whatever was proper
and suitable their design but they were sensible there must needs
many defects and omissions the first attempt Work this hature, they have continued their pains supply those defects, and
have offered the same encouragements any who should furnish them. with such material Trials were then omitted. How they have suc ceeded their endeavours may seen from the large number Addi tional Trials: These, together with the Additions interspersed thro’ the
other Trials, have swell'd the Work five Volumes; which there added Sixth, containing the most remarkable Trials from the reign
queen Anne, where the first edition ended, the end the reign
king George The larger Trial
entire Volume
the earl Strafford here purposely Rushworth's Collections, which
omitted, being had by itself.
- formed the end each Trial, where the Prisoner was convicted of
in
added his Behaviour and Speech the place
To make this Collection more generally acceptable, the Reader
capital crime, whether
had) Account also of Execution.
was executed not; and (where could
(m) Annal lib,
-
-
our Crown few hints,
can
3, 25.
to
of of
atto of
be an
Ibea be so to
is
toin
to no fit
at
it,
I be
If
be a
is
ofof is
is
it is
to
be
it. is a to I to
as
at
1:
so
of an
be ; so
is
as
of
bein is,
in
to
of
be
in as
it
of to
isof to
to
I
an
of
a
in
I
;
to beto toin itsoso
as
;
it;
all
noto
all as
it ofis
be
of
§ or to aofof
of a
of up
of
to
to
he inofallato
to
it ofof oftoisis
of,
as
so of beas
to
of
ifa in
is,
; so
to
-
be of
March 27, 1730.
EMILYN.
WOL.
OF THE STATE TRIALS.
* xli
And whereas in the former Edition some Trials were inserted out of
the order of time, and parts of others transpos'd, they are here reduced to their proper places; the names of the Judges, Attorney-General, &c.
are here generally, if not always, inserted; several Notes are added to explain and illustrate the text, and divers References made to the Books of Reports and Historians of the times: and for the ease and conveniency of referring, each Trial is distinctly number'd ; the several Titles are
render'd uniform, containing the Date when, the crime for which, and
the court before whom the Prisoner was try’d ; which are continued
where there was room for them throughout the running title; the omis
sion whereof some places 'tis hoped the candid reader will excuse,
since work this nature, where such variety printers are em - ploy'd, can scarce expected that parts should performed
with equal care and exactness. --To render this Work the more useful, especially the Gentlemen the Law, there subjoin’d way
Appendix Collection Records relating the said Trials. The un dertakers wish they could say they had had the same success this part
the work the other; but hope the fault will not imputed them, who have inserted they could procure, and done their endea vours procure the rest. —That the whole might the better fitted for use, there are added two Alphabetical Tables; the one containing the Names the Persons tried proceeded against, together with the Times and Places their Trial, and also their Crimes and Punishments; the other the several Matters contained all the Six Volumes.
Sctic
I.
ofto itin of a
is
s of
all
- so
in by of
• .
of it
in
all
of
in
in of
or
of
! S, be be
be
of
a to as
of all
be
to
a to
xiii PREFACES TO FORMER EDITIONS
PREFACE
To THE SE v ENTH AND EIGHT II volu MEs of THE STATE
TRIALs : PRINTED IN THE YEAR 1735. *
AFTER the publication of a Collection of State-Trials, which consists of Six Vo lumes in folio; the Reader may possibly be surprised at the appearance of two
Volumes more of Collections on the same subject. For this reason it may be proper to premise some particulars prefatory to the Work, concerning the inducements there
were to and the method wherein has been pursued. .