The following is an Account of the principal MSS. referred to in this Work.

1. A copy of a book, in which the crown cases reserved for the opinion of the Judges for many years back are entered. The original is in the custody of the Lord Ch. J. for the time being of the Court of King's Bench. The determinations are entered shortly, sometimes with the reasons, but generally without. This deficiency I have been enabled to supply for the most part by the assistance of the private MS. next after mentioned. This book is cited as MS. Crown cases reserved; abbreviated, MS. Crown cas. res.

2. Copies of the reserved cases above referred to, which were delivered to the several Judges before they met to consider of them, with their memoranda or notes of the grounds of the determinations. I have been liberally favoured with.communications of this kind from several of the Judges, which are quoted as MS. Jud. or MS. of the Judges. Part of these, I may now mention without breach of delicacy, as having been communicated to me by the late Mr. Justice Gould and Mr. Justice Buller, and which have the sanction of their names. 3. Lord Hale's Summary, interleaved with MS. corrections and additions. This MS. compilation, though began before, (probably by Mr. Stow a gentleman at the bar) was put into its present form by Mr. Justice Yates, whose son is now in possession of it. Copies of it were communicated to different Judges, who have contributed from time to time the fruits of their own experience. My own copy was taken from one in the possession of the late Mr. Justice Buller. The work was bound up in three volumes, according to which I have cited it by the description of 1. 2. and 3 MS. Sum. and I have added the page of the MS., because copies of it are now in the hands of many gentlemen of the profession. The greatest part of the work is a compilation from printed books, chiefly from Mr. Justice Foster's Treatise on the Crown Law, Lord Hale's and Hawkins' Pleas of the Crown.

4. One volume of MS. is cited by the name of MS. Tracy, by which Judge it was compiled as a comment on Lord Hale's Summary. A copy of this, which is occasionally referred to in Mr. Justice Foster's treatise, was communicated to me by Mr. Justice Lawrence.

5. A similar compilation by Mr. Justice Burnet. The original is part of a most valuable collection of law MSS. made by Lord Chancellor Hardwicke: a copy of which was furnished to me

by

by his descendant, my worthy friend, the Right Honourable Charles Yorke. This is cited as Burnet's MS. Summary, or, MS. Burnet.

6. Lord Holt's MS. from the last-mentioned collection.

7. A MS. volume of Crown cases communicated by the late Lord Ashburton to Mr. Justice Heath, by whom I was favoured with a copy. These, which are cited as MS. Dunning, were taken by his Lordship when at the bar.

8. A MS. work of the late Mr. Serjeant Forster, being a Treatise of the Crown Law, and probably intended by him for publication had he lived to have given it the finishing revisal: Mr. Bolton, whose property in it was derived immediately from the author, very liberally confided the custody of it to me, with liberty to make what extracts from it I pleased. But as I found that the author had been working upon materials similar for the most part to my own, the use I have made of his treatise has been very sparing, confined altogether to a few original cases which had chiefly fallen under his own notice, and which I have marked with his name. 9. MSS. of Mr. Masterman, sometime since Secondary of the Crown Office, for the use of which I am indebted to Mr. Barlow, the present Secondary, to whom they belong. 10. Two volumes of MS. cases, cited as Shapleigh's MS., the name of a gentleman formerly at the bar, who it was once suggested to me was probably the author. I have since however had reason to doubt the information. They were communicated to me by Charles Short, Esq. the Clerk of the Rules on the plea side of the Court of K. B. who received them from a relation of his at the bar long since deceased; but he knows not by whom they were taken. Mr. Justice Buller, who formerly inspected them, gave them the praise of accuracy.

11. A few MS. cases taken by myself, or communicated to me by friends, for whom I am gladly responsible. These are simply marked MS.

Of printed books with varying editions, it may be useful to re

mark those which I have used:

Crown Circuit Comp. 1738, in the first part of the work, and

latterly the edition of 1799.

Dalton's Justice, fo. edit. 1727.

Leach's Crown Cases, 2d edit. in the first part and latterly the

edition of 1800, in two volumes.

State Trials, Hargrave's edit.

Statutes, Runnington's edit.

ADDENDA.

In the following Addenda will be found a few cases which were not decided in time to be noticed in their proper places in the progress of the Work.

Benjamin Pooley was tried before Lawrence, J. at the Old Pooley's case, Bailey in 1801, and convicted on an indictment founded on MS. Jud. The stat. 7 Geo. the stat. 7 Geo. 3. c. 50. s. 2. charging him with 'stealing out 3. c. 50. s. 2. of the post-office a letter sent to be delivered by the post. It does not extend to the servants of appeared in evidence that the prisoner was employed in the the post-office: Penny Post department as a charge-taker and as a letter-car- and therefore a rier; and that as charge-taker the letters arriving by the Gen-conviction of one of them for stealeral Post, which were to be delivered by the carriers of the ing out of the Penny Post of the eastern division, were delivered to him to post-office a letter sent to be deliverbe divided according to the different walks of the letter-car-ed by the post, riers; and that he did not deliver the letter which was the held wrong. (Post. ch. 16. subject of the indictment to the letter-carrier within whose walk s. 38.) the person lived to whom it was directed; but that he afterwards opened it, and took out of it a checque or draft for 2001. on the Stratford Place bank, drawn on unstamped paper by a person living above 30 miles from Stratford Place. It was ob- Draft on unjected for the prisoner, that this draft being on unstamped pa-stamped paper may be received per could not be received in evidence as a medium to shew in evidence for that the prisoner had stolen the letter: but the court over-ru- collateral purled the objection, being of opinion that the draft, though un-the offence of poses as to prove stamped, might be received in evidence for collateral purposes, stealing, &Jc. though not for the purpose of recovering the money contained in it. But the Court entertained doubts whether the second section of that act applied to servants of the post-office, against whose misconduct the first section of the act was intended to guard; and from which it might be inferred that the Legislature did not conceive, that the embezzling a letter by those servants was a larceny: and Strutt's case, Leach, 100. was referred to, where Nares and Willes Justices, and Glynn Serjeant Recorder were of that opinion. On the 23d of June 1802 all the Judges agreed that the conviction was wrong, being of opinion that the 2d section of the stat. 7 Geo. 3. c. 50. did not extend to the servants of the post-office; which opinion was founded on comparing that section with the 1st and 3d sections of the act. The prisoner was accordingly recommended for a pardon.

John

Harris's case,
MS. Jud.

Conviction on the

Black Act for

came to execute a

John Harris was tried before Rooke, J. at Salop, March 1801, for wilfully shooting at Thomas Banks; and being convicted, received sentence; but execution was respited to take firing at one who the opinion of the Judges on the following facts. Thomas writ of possession Banks went with a warrant from the sheriff of Salop to exewith a warrant, cute a writ of possession on the prisoner's house. The warin which the parrant was addressed to three persons, the sheriff's bailiffs, and ty's name was inserted after the after it was sealed, but before it was sent out of the office, an insealing by the terlineation was inserted by the under-sheriff in these words; sheriff, but before delivery out of "and to Jeremiah Powell and Thomas Banks, my bailiffs on the office by the "this occasion only." Powell and Banks went to the prisoner's under-sheriff, held good. house to execute the writ of possession, and desired admit(Post. ch. 8. tance. The prisoner looked out of the window, and they shews. 6.) ed him their warrant. The prisoner said, that the first person who came in he would blow his brains out. Banks then went for more help, and returned with another man. They then burst open the door of the house, and the prisoner fired a blunderbuss at them, and wounded Banks very severely in the knee. It was objected by the prisoner's counsel at the trial, first, that the warrant gave no authority to Banks or Powell, Vide Padfield v. their names being interlined after the seal was affixed to it. others, Willes' Secondly, that the prisoner having shot at Banks in his own Rep. 411. house, this was not within the meaning of the statute. But the Judges held the conviction proper.

Cabell and

which was referred to.

Martin's case,
MS. Jud.

Indictment char

Robert Martin was tried before Graham B. at the Derby assizes, March 1801, upon an indictment on the stat. 15 ging that the pri- Geo. 2. c. 28.; the first count of which charged, that the prisoner on the 14th soner on the 14th of February, in the 41st year of the King, of February, &c. uttered base coin one piece of false and counterfeit money made to the likeness to W. C. know of a shilling, as and for current money of the realm, did utter ingly, &c. and that on the said to one William Coxen, well knowing the same to be counter14th of Februa- feit; and that the said Robert Martin on the said 14th of Fery, &c. he utter-bruary one other piece of counterfeit money made to the likeed to F. L. &c. is sufficient to ness of a shilling, as and for current money of the realin, did warrant the high- utter to one John Longden, well knowing the same to be couner judgment required by stat. 15 terfeit, against the form of the statute. There was a second. G. 2. c. 28. s. 3. count for a single utterance to Wm. Coxen. The jury found a verdict on the first as well as second count, on evidence of the same day for knowingly uttering bad shillings twice on the 14th of Februathe day as laid is ry. But it was moved in arrest of judgment for the increased material.

on such as utter base coin twice on

(Vide post. ch. 4. $. 29.)

punishment,