age, Mr. Tidd's volumes will, with the commentaries, be identified with their subject so long as the laws of England shall be deemed an object of practical or of erudite investigation. STILL it was felt that something was wanting to facilitate the means of certain, appropriate, and immediate reference. To say that I have taken nothing for granted, seems self praise; but I am unaware that it is wrong to avow the performance of a great duty where it is of importance that others should believe that duty to have been scrupulously performed. PREFACE ΤΟ THE PRESENT EDITION. THAT numerous additions, whether of New Titles, Cases, or Practical Directions, have been made to the present Edition, will, on very slight comparison with the First, be apparent. Many Forms have been added, and the others carefully revised; and, whether usefully or not, the ancient words and phrases have, for the most part, been translated and explained. I HAVE not sought to incumber a mere office book with matter, not at once generally practical: yet I have prefixed a Summary of the civil action or process at law in K. B. and C. P; brief, indeed, but not the less calculated, as I think, to enable those who would acquire a more connected view of practice, to attain that object through the medium of this book; but I cannot desire that more studied or detailed reading should be neglected. SOME of the notes might have been spared, and I almost wish they had; but no man can minutely look over practice, and not see that something useful might be added, much that is useless be retrenched, and the whole rendered more uniform in its parts; for it cannot be otherwise than most desirable, that the forms of the administration of justice should be defined, intelligible, and consistent. MANY points connected with process, bail, and declaration, although frivolous in themselves, are vexatious to the suitor, and unprofitable, and even harassing, to the fair and liberal practitioner. The points affecting these titles might be collected, and, under the dictates of authority, an arrangement might be made, whereby the several steps relative to each point might be governed. It was but reasonable to expect, that, from practical decisions having become so numerous, certainty would thence have resulted; but the contrary is the fact: and although even a code of practice might not, perhaps, be perfect, at first, yet no man can say, that a digest of that description would not work an approximation to further excellence. IN 1654, something of this was done. Comprehensive rules and orders were made, and the practice of that time became much ameliorated; but since then only little has been attempted, and still less, comparatively, done by authority, acting purposedly and from itself. The little which has been done arose out of the passing or insulated occasion, perhaps the dictate of the expediency of the moment; and hence the want of consistency, in relation to the points of practice, as a whole. I AM well aware, that even to touch an ancient fabric is sometimes to shake and ultimately to destroy it. Innovation has its evils, but what is ancient is not on that account always good; and what is good and what is bad of practice, may happily be approached without vital danger to any political establishment, and without disrespect to venerable authority. LASTLY, I may observe, that although what is here written might indicate querulousness, and even a conviction that much of practice is objectionable, yet it becomes me to say, that upon the whole, practice, as it now stands, is greatly calculated to advance the rights, and redress the wrongs, and altogether to further the best interests of the suitor. It is only on insulated points, not, indeed, numerous, although important in themselves, that it appears to me to be otherwise. |