« PreviousContinue »
PREFACE TO THE FIRST EDITION.
It is not without very considerable diffidence that this Lexicon is submitted to the indulgence of the Profession and the Public, for no man can be more conscious of the difficulties besetting such a subject—of the many requisites of the task; and, above all, of the great discrepancy usually exhibited between what a book ought to be, and what it is—than the Author of the present undertaking. Knowing, however, from his own experience, the want of a Dictionary especially adapted to ready reference, which should contain the modern law and alterations, as also the terminology comprehended in our varied and intricate jurisprudence, was the inducement to commence, continue, and complete this work. The aims attempted, throughout this arrangement, have been compression, avoiding obscurity, and yielding information easily and effectually. A word-book, when it obviates tediousness of search by giving a concise answer to one consulting it, possesses a peculiar virtue; for irksome is the process of turning out a word, where, instead of finding its explanation, there is a reference to another part of the book; but should the place referred to again direct the inquirer elsewhere, or, perchance, disclose neither notice nor interpretation, nor, in fact, anything concerning it, then patience becomes exhausted, and perseverance indeed hopeless.
Often has disappointment ensued, when, after reading up a given point of practice or theory, the Author has referred to the Dictionaries extant, in order to learn the precise force of the words and phrases that he had met with in his researches: for frequently they have not even been noticed, or, being noticed, their interpretation has involved more confusion, since, for the most part, the very imperfect impression which was entertained before concerning them, often became obliterated by the utterly obscure manner in which the lexicographer had treated them. Some of these works handle a subject in a mass; for instance, under the head “Bills of Exchange," an immethodical essay is written, in which are explained, after a fashion, the several characters of acceptor, drawer, indorsee, payee, and the several subjects of acceptance, presentment, notice of dishonor, protest, and so on; for instead of breaking up the whole subject, and distributing the elements under their appropriate heads, the inquirer searching for acceptor, etc., is referred to Bills of Exchange, where he must wade through the greater part of a long and rambling statement, before he comes to the precise point he wants. A Dictionary is not consulted for an essay or treatise on a particular theme, but to answer a sudden doubt, or explain a present difficulty, as to the proper meaning of a certain technicality. "In considering any complex matter," writes Burke, "we ought to examine every distinct ingredient in the composition, one by one; and reduce everything to the utmost simplicity; since the condition of our nature binds us to a strict law and very narrow limits. We ought afterwards to re-examine the principles by the effect of the composition, as well as the composition by that of the principles. We ought to compare our subject with things of a similar nature, and even with things of a contrary nature; for discoveries may be, and often are, made by the contrast, which would escape us on the single view. The greater number of the comparisons we make, the more general and the more certain our knowledge is like to prove, as built upon a more extensive and perfect induction.”
The constituents of the great subjects have been distributed under their proper letters, with a view to prevent as much reference to other parts of the book as possible; and when a phrase or technicality belongs in common to several de. partments of our laws, an analysis has been made, in order to keep separate the details of the particulars and distinctions. Occasional passages from the Jewish, Greek, and Roman antiquities have been quoted, either to illustrate a doctrine or to indicate an analogy: but of this, sparing use has been made, as their too frequent insertion would have increased bulk, without perhaps augmenting value. The authorities relied upon are referred to for examination, in order that the subject may be more fully studied by those who desire to acquire a fuller knowledge of historical jurisprudence or the polity of the ancients. Method has been attended to, as the main design of a Dictionary is immediate use.
Thus useful arms in magazines we place,
But to be found, when need requires, with ease.? Whether the work is successful or not, in attaining its avowed purpose, cannot here be determined; its real value--its suitableness as a Lexicon—will be tested by experience, which neither a persuasive preface nor an unfavorable review can influence. The Author craves pardon for any trivial error or misprint, as the greater part of the book was written, and the proofs corrected, during his academical studies; and he will be grateful for any suggestions, which, supplying the defects and elucidating the obscurities of this edition, would increase the utility of a second, should a second be called for.
| Preface to the Enquiry into the Origin of our Ideas of the Sublime and Beautiful.
THE PRINCIPAL BOOKS RELIED UPON IN THE COMPOSITION OF
N. B.-This is not a complete Catalogue ; the Reports and many Works quoted occasionally are omitted.
Abbott's (Lord Tenterden) Treatise of the Law | Bracton de Legibus et Consuetudinibus Angliæ.
relative to Merchant Ships and Seamen. Brady's Clavis Calendaria. Adams's Treatise on the Principles and Prac- Brady's History of England.
tice of the Action of Ejectment, and the re- [Brightly's U. S. Digest.] sulting Action of Mesne Profits.
Brougham's (Lord) Political Philosophy.
Browne's Actions at Law.
Burnet on the Articles. Antiquities of Exeter (Izacke).
Burn's Ecclesiastical Law. Archbold's Bankruptcy (Flather).
Burn's Justice of the Peace. Archbold's Criminal Pleading (Welsby). Burn's Midwifery. Archbold's Practice of the Crown-Office. Burton's Compendium of Real Property (CoopArnold's (Dr.) Rome.
er). Aurelius Victor.
Butler's Horæ Subseciva. Ayckbourn's Chancery Practice.
Byles on Bills of Exchange. (American Notes Ayliffe.
Campbell's (Lord) Lives of the Chancellors. Bacon's (Lord) History of Henry VII. Chamberlayne's Magnæ Brittaniæ Notitia, or Bagley's Common Law Practice.
the Present State of Great Britain. Barrington on the Statutes.
Chambers's Dictionary. Bayley on Bills of Exchange.
Chambers on Estates. Beames on Ne exeat regno.
Chance on Powers. Beccaria on Crimes.
Chaucer (Speight). Beck's Medical Jurisprudence.
Chitty's Archbold's Common Law Practice Bell on Husband and Wife.
(Prentice). Bird's Law respecting Masters, Servants, Jour-Chitty on Bills of Exchange (Russell and Macneymen and Apprentices.
lachlan). Bisset on Life-Estates.
Chitty's Commercial Lawyer. Black Book.
Chitty on Contracts. Blackstone's Commentaries (original text). Chitty's Equity Index (Macaulay). [Notes by Judge Sharswood.]
Chitty's General Practice. Blount's Law Glossary.
Chitty's Law of Apprentices.
Chitty on Pleading.
Gilbert on Uses.
Glanville de Legibus.
Godson on Patents.
[Gould on Pleading] Collyer on Partnership.
Gow on Partnership. Colquhoun's Roman Civil Law.
Graves on the Pentateuch.
Guy's Forensic Medicine.
Hale's History of the Common Law.
Hale's Pleas of the Crown. Coote's Mortgages.
Halifax's Analysis of the Civil Law (Geldart). [Cord on the Legal and Equitable Rights of Hallam’s Constitutional History. Married Women.]
Hallam's Literary History of Europe. Coryton on Patents.
Hallam's Middle Ages. Cruise's Digest.
[Hammond on Nisi Prius.] Cumin's Manual of Civil Law.
Hare on Discovery. Cunningham's Dictionary.
[Hare & Wallace's American Leading Cases.]
Hargrave on Accumulation.
Hawkin's Pleas of the Crown.
Haye's Introduction to Conveyancing. Dickinson's Quarter Sessions.
Hodges on Railways. Dionysius Halicarnassensis.
Hody's Treatise on Convocations. Dod's Parliamentary Companion.
Hooker's Ecclesiastical Polity. Domesday Book.
Hovenden on Frauds.
Hume's History of England.
Impey on the Writ of Mandamus.
Inwood's Tables. Dwarris on the Statutes.
Irving's Introduction to the Study of the Civil Dyche's Dictionary.
Law. Dyer's Restoration, &c.
Jahn's Biblical Antiquities (Upham). East's Pleas of the Crown.
Jarman on Wills. Eden on Injunctions.
Jeremy's Law of Carriers. Elliot's Asiatic Researches.
Jeremy's Equity Jurisdiction. Elmer's Lunacy Practice.
Jervis on Coroners. Encyclopædia Americana.
Jones on Bailments. Encyclopædia Londinensis.
Justinian (Sandars). Fearne's Contingent Remainders.
Kames's Law Tracts. Fearne's Reading on the Statute of Enrol
Kendall's Argument on Trial by Battel. ments.
Kennett's Parochial Antiquities. Finch's Law, or a Discourse thereof.
Kelly's Cambist. Fleta.
Kemble's Cod. Diplom. F. N. B., i. e. Fitzherbert's Natura Brevium.
Kent's Commentaries, Fonblanque on Equity.
Knight's London. Fortescue de Laudibus Legum Angliæ.
Koch's History of Europe. Foster's Four Discourses on Crown-Law.
Law French Dictionary.
LIST OF BOOKS CONSULTED.
mas Athelstan apud Lambard.
Platt on Leases. eges Canuti.
Planche's Pursuivant of Arms. 1 Grand Coustumier.
Plowden's Jura Anglorum. Lewin on Trusts.
Pothier on Contracts (Evans). Lwis on Perpetuities.
Powell on Mortgages. i myden's Complaint of Scotland.
Preston on Abstracts. ley's Antiquities.
Preston on Conveyancing. lex Mercatoria.
Preston on Estates. Livy.
[Price on Liens and Limitations.] Locke on Government.
Prideaux's Churchwardens' Guide. Lowndes on Coins.
Puffendorff, Lamley's Parliamentary Practice.
[Purdon's Digest, by Brightly.) Lush's Common Law Practice (Stephen).
Ram on Assets. Yac Arthur on Courts Martial.
Ray's Medical Jurisprudence of Insanity. Macbride's Diatessaron.
Rastall's Antiquities. MacIntosh's History of England.
[Rawle on Covenants for Title.] Vacnaghten's Moohummudan Law.
Reeves on English Law.
Robert's Indian Glossary.
Robinson on Gavelkind.
Rogers on Elections. Marshall on Insurance.
Roper's Husband and Wife. Matthæi Westmonastereinsis Flores Historia- Roper on Legacies.
Roscoe on Real Actions. May's Imperial Parliament.
Rubric. May's Parliamentary Practice.
Runnington's Ejectment. McCulloch's Commercial Dictionary.
Rushworth's Historical Collections. Merrifield's Law of Attorneys.
Russell on Arbitration.
Sanders on Uses and Trusts. (Miller on Partition.]
Saunders's Reports. Mirehouse on Advowsons.
Sayer on Damages. Mitford's Equity Pleading.
Scriven on Copyholds. Monasticon Anglicanum (Dugdale).
[Sedgwick on the Measure of Damages.] Montagu and Ayrton's Bankruptcy.
Selden's History of Tithes. Montesquieu's Spirit of Laws.
Selden's Titles of Honor. [Morris on Replevin.]
Selwyn's Nisi Prius (Power).
Seton on Decrees and Orders. Nicholas on Adulterine Bastardy.
Shelford on Charities. Niebuhr's Roman History.
Shelford on Lunacy. V. N. B. New Natura Brevium.
Simmons on Courts Martial. Oldendorp's Geschichte der Mission.
Skene's Scottish Antiquities. 0. N. B. Old Natura Brevium.
Smith's Chancery Practice (6th Edit.).
Smith's Dictionary of Greek and Roman AntiPaley's Principal and Agent.
quities. Paley's Political Philosophy.
Smith's Handbook of Chancery Practice. Park on Insurance.
Smith's Leading Cases (with Notes by Hare & Parochial Antiquities.
Wallace). Percival's Essays.
Smith's Mercantile Law. Phillipps on Evidence.
(Smith on Contracts, with Notes by Mr. Rawle.] Platt on Covenants.
Smith's Wealth of Nations.