and Constitutions of the Realm into writing, would be, in our times, absolutely impossible, as well on account of the ignorance of writers, as of the confused multiplicity of the Laws. But, there are some, which, as they more generally occur in Court, and are more frequently used, it appears to me not presumptuous to put into writing, but rather very useful to most persons, and highly necessary to assist the memory. A certain portion of those I therefore intend to reduce into writing, purposely making use of a vulgar style, and of words occurring in Court, in order to instruct those who are less accustomed to this kind of vulgarity. In proof of which, I have distinguished the present work by Books and Chapters. [Footnote 28: The introductory part of this Preface is in imitation of that of Justinian’s Institutes, and seems strangely to have taken the fancy of the law writers of the age, since Glanville is more or less followed by the Regiam Majestatem, Bracton and Fleta.] [Footnote 29: “On these last words,” says Lord Littleton, “I would observe, that, as in those days there was no distinct Court of Equity, the Judges of the King’s Court had probably a power of mitigating in some cases the rigour of the Law.” (Hist. of Life Hen. 2. Vol. 3. p. 315. Oct. Ed.) A strong instance in point the Reader will find in L. 7. c. 1. or the present Translation p. 149.] [Footnote 30: This principle, the very basis of despotism occurs in the Roman code. (Justin. Instit. L. 1. t. 2. s. 6.) It may very justly be questioned, whether it is not here cited ironically. At all events, the passage of our text can scarcely warrant the conclusion the celebrated M. Houard has drawn from it. But the Reader shall have his own words—_Le Texte de notre Auteur prouve qu’après la conquête, les Anglois reçurent, de Guillaume le Bâtard, les mêmes Maximes que nous avions jusques-là suivies, a l’égard du Droit exclusif, que nos Rois avoient toujours exercé, de faire les Loix._ (Traités sur les coutumes Anglo-Normandes par M. Houard. 1. 378.)] Book I. OF PLEAS WHICH BELONG TO THE KING’S COURT, OR TO THE SHERIFF; AND OF ESSOINS; AND OTHER PREPARATORY STEPS USUALLY RESORTED TO IN SUITS, UNTIL BOTH PARTIES APPEAR TOGETHER IN COURT. CHAP. I. Pleas are either Criminal or Civil.[31] The former are divided into such as appertain to the King’s Crown, and such as belong to the Sheriffs of Counties. These Pleas belong to the King’s Crown.[32] [Footnote 31: “Now, as out of the old Fields must come the new corn, so our old Books do excellently expound and express this matter, as the Law is holden at this day; and, therefore, Glanville saith, _Placitorum aliud est criminale, aliud Civile_, where _Placitum criminale_ is _Placitum coronæ_, and _Placitum civile_, _Placitum commune_, named in this Statute.” (Magna Carta.) (Vide 2 Inst. 21.)] [Footnote 32: LL. Æthelbyrti, c. 1. 2. 3. 4. 5. &c. (Al. MS.)] CHAP. II.