THIS HIS Volume, the Fourth of the Work and the First of the Criminal Divifion, contains Indiaments and Informations. It was my original intention to have made these the subject of my Second Volume, and to have continued publishing a Volume of the Criminal part, alternately, with one of the Civil. The caufes which have hitherto prevented me from adopting this plan arose from impediments thrown in my way by the person whom I first employed in the publication of this work, and are of too perfonal a nature to intereft the public. The delay, however, has been fo far fortunate, as it has enabled me to make this branch of the work more perfect, by the addition of many valuable precedents, which, in the meantime, have been kindly communicated to me, BоTH in pursuance of my defign, and in juftice to the collections of Precedents already published, I have religiously abftained from republishing any precedents before in print, and have contented myself VOL. IV. a with with referring to them in my INDEX. This, in particular, will account for the few precedents under the Head of Felonies being introduced into this Volume. THE precedents for almoft every defcription of Felonies, whether at Common Law or by Statute, having been already given to the public in the Crown Circuit Companion and the Crown Circuit Affiftant, especially the laft, fo well and fo fully, that the copiousness of it becomes its leaft merit, when confidered with its correctnefs and precision. I cannot but think, however, that the arrangement of the Precedents and the Index to both of those Collections are capable of fome little improvement; and have therefore digefted them in the Index to my own Precedents, having made fuch alterations and additions as occurred to me, on a careful perufal, to be neceffary. Offences, fuch as killing a fish in a gentleman's pond in his park, being found for a month together in company with Egyptians (a) and others of this defcription, not clergyable (fome of which are ftill fuffered to ftain our ftatute-book), I have altogether omitted, and truft, that in fo doing, I fhall be thought to have confulted the credit and intereft of my profeffion. (a) The ftatute creating this offence has lately been repealed. THE THE Fourth and Sixth Volumes, then, of my general Work, or what may be confidered as the First and Second Volumes of the Criminal Divifion, will contain, chiefly, precedents for INDICTMENTS for MISDEMEANORS; 2dly, INFORMATIONS, and herein more particularly fuch as relate to the ExCISE and CUSTOMS; 3dly, CONVICTIONS, &c. and PROCEEDINGS before JUSTICES of the Peace. In this diftribution I have obferved the original method I prescribed to myself, and at the fame time marfhalled the different offences under their proper heads, after Mr. SERJEANT HAWKINS's admirable Analyfis, by a complete Index, as well of the precedents contained in this work, as of all others to be met with in the Reporters, and more particularly those books of precedents the Crown Circuit Companion and Crown Circuit Affiftant. Ir remains for me to add a word refpecting the precedents now offered to the public. The far greater part of them are taken from the valuable manufcript collections of feveral eminent practitioners who have been moft converfant in framing Indictments and Informations, and moft confulted on Criminal Profecutions; and as the names of thofe by whom they have been fettled are fubjoined to many of them, of the value of these precedents fuch names will be the best criterion. With refpect to thefe I fpeak confidently. 2 dently. The remainder have been selected out of a private collection of my own; but with what care and difcrimination, and how far they are to be relied upon, I must leave, with proper humility, to the Profeffion and to time, the common and final arbiter, to determine. HERE I might clofe: nor is it within the defign or compafs of thefe prefatory lines to enter upon a difcuffion concerning the abftract nature of Criminal Law in gencral, or about the reason of our own in particular. This would require a treatise of itself. But as it is the fashion to decry the criminal part of our Jurifprudence, and as the interest and confolation of the Author are neceffarily involved in the utility of the subject of his labours, he hopes it may be permitted to him, without being thought impertinent, to indulge himself in offering a few sentiments that have prefented themfelves to him in a long courfe of reading and compiling. Contemplating, therefore, the many wholefome precautions interpofed by the Legislature in behalf of the life, liberty, and property of the fubject, the coincidence in opinion of two juries, the affiftance of counfel, the fcrupulous nicety with which criminal charges must be ftated, defined, and proved, and in cafes of hardship or the fallibility of proof, the power and inclination of the crown to mitigate or pardon, I am |