A Treatise on the Pleadings and Practice in Real Actions

dictions, shall not be found to have arisen from the same cause. On the whole however I permit myself to hope that the book, with all its imperfections, will be of some use to the profession, and through them to the community; and that even my errors may serve to point out a better course to some one who shall undertake a new digest of this branch of the law.

I have to add a few words as to some of the books referred to in the following pages, and to the manner of citing them. Lord Coke's Reports have been differently printed, sometimes with one, and sometimes with two pages for each leaf; and they are accordingly cited differently by different writers. For example, Buckmere's case is cited as in 4 Co. 85, or 170, according to the edition referred to. It is not improbable that each of these modes of citation will be found in different parts of my treatise; and I have to request the reader, when he does not find the point at the place indicated, to turn to the page which has double the number, or to that which has half the number, mentioned in the citation.

Fitzherbert's Natura Brevium also has been printed with different numbers to the pages; and I was unfortunate enough, during all the early part of my studies, to use a modern edition, and to make my citations accordingly. The original paging is that by which this book is commonly cited; and it ought to be adopted in every work intended for publick use. Accordingly, after I began to think of publishing these sheets, I engaged a young friend, who had borrowed the manuscript, to alter all the citations from Fitzherbert, so as to answer to the pages of the original edition. I have had occa

sion to revise the greater part of these citations in preparing the sheets for the press; and as I did not find a single error in all that I examined, I have ventured to rely with confidence on the correctness of the whole. It may be added that the number of the pages in the original edition is 271, and in the other edition, 606; so that if any error should still exist in this particular, the true page may always be found, very nearly, by an easy computation.

There are also different modes of numbering the pages in two editions of the Year Book, which contains the first ten years of Edward 3. In one edition they are numbered progressively through the volume, making in the whole 542; and in the other, the cases of each year are separately paged, as in the other parts of the Year Books, beginning a new series of pages at the beginning of each year. The book is cited in each of these modes by different writers. I have endeavoured, for the convenience of the reader, to give both of the pages; but it will probably have been omitted in some instances; and when the point is not found in the page that is mentioned, the reader will readily find it by computing the page of the volume, or the page of the year, referred to, as the case may require (a).

(a) For example the second year begins at page 28, and ends at page 64. If therefore the reader is using the edition first mentioned, in which the pages are numbered progressively through the volume, and finds a citation of 2 E. 3. 26, or any other page under 27, he will know that the other edition is referred to, and he will find the page by adding 27 to the number in the citation. So the whole number of pages in the second year being 37, if the citation is of 2 E. 3. 38, or any other page over 37, the reader will know that the citation is made from the first mentioned edition, and will find the page in the other

In the third chapter, containing pleas in abatement, I have followed the order of Comyns' Digest under the same title. Having mentioned this circumstance in the beginning of that chapter, I did not think it necessary to repeat in every section the reference to the corresponding letter and number in Comyns; but considered his collection of cases as tacitly referred to under every different plea in the chapter. Indeed throughout the work I may be considered as referring in like manner to the Abridgments of Comyns and of Viner; although I have cited them only when there seemed to be some particular occasion for it. The student who wishes to pursue his researches on this subject, will of course examine the cases, under the appropriate titles, in those and the other abridgments of the ancient law. He will there find indeed numerous apparent contradictions. Many of these have been reconciled by the learning and sagacity of Lord Coke, in different parts of his invaluable writings; in other cases the reader will be governed by the later, or the more weighty authority; and when all other means of deciding between conflicting cases shall fail him, he must resort to the settled principles of justice and of common sense; which, as they constitute the basis, so they are the best expounders and interpreters, of the common law.

edition by substracting 27 from the number of the page as cited. As to the pages of the second year, between 27, and 37, it cannot be known which edition is referred to, and the reader, if disappointed in the one, must resort to the other; but this difficulty cannot occur in any year after the second.

TABLE OF THE PLEADINGS.

CHAPTER II.

Counts in writs of Entry on Disseisin, 25.

No. 1. On seisin of Demandant and disseisin by Tenant, 25.