mon law could not be fuppofed to extend, and rendered neceffary the introduction of Atatutes to fupply the defect, and compleat the fyftem of jurifprudence.

From this.reprefentation, it is easy to imagine the great labor, and difficulty of becoming thorough mafters of our laws. The ftudent must wander through the wide field of English jurisprudence, without a guide to direct him in the way. Having acquired much useless Learning, in becoming acquainted with that voluminous code, he finds himself forever embarraffed with doubt and uncertainty, for want of fome general rule, to determine what part of it has béen approved of, and adopted by his own country. When he directs his enquiries to afcertain the common law, introduced by the decifions of our own courts, he can find it only in oral tradition, and the tranfient memory of judges and lawyers. The alphabetical arrangement of the Statutes, renders it a laborious effort of the mind, to acquire a systematic knowledge of them by reading and study. This evidences that the only method of obtaining a knowledge of that fcience, which furnishes rules to which we are conftantly bound to conform our conduct, is by a long attendance on court; and this points out the neceffity and inportance of a treatise, that contains a full account of the inftitutions of our country.

Thefe confiderations have induced the author of this work, to make the following methodical compilation, for the purpofe of remedying thefe inconveniences, and unfolding the beautiful fimplicity of our excellent fyftem of jurisprudence. The plan he has adopted is to exhibit a compleat fyftematic view of our conftitution and laws : to felect and extract from the common law of England, that portion of it which has been received and approved from time immemorial, and has become valid and binding in this ftate: to collect, and arrange in proper order, thofe principles and doctrines, which have become law by the ufage and practice of the people, and the decifions of courts: and with thefe to interweave and connect the posi tive regulations introduced by ftatute. This plan is intended to afford the ftudent the fatisfaction and delight of arranging his ftu. dies in proper method, of extending his mind at one view thro all the various branches of jurifprudence, of beholding the connection

and

and mutual dependence of all the parts, and of comprehending the beautiful order, and symetry of the whole.

Not only the student may be affifted by a work of this kind, if well. executed; but many other perfons may derive effential advantage from it. No gentleman ought to confider his education compleated till he has gone through a course of studies upon the laws of his country. In the present state of this science, but few have leisure to ac quire the knowledge of it, and fewer have fortunes fufficient to purchase the neceflary books. This work is intended to furnish a man, who does not follow the profeffion, with fufficient knowledge of the law, for the purposes of contemplation, and amusement, and the ordinary business of life. There are many perfons who are honored by the fuffrages of their fellow-citizens, with feats in the legiflature, who by reafon of their employments, cannot be ac quainted with our laws, in their prefent unweildy voluminous state. Yet they are ill qualified to be legiflators, without fome knowledge of the fundamental principles of law, and the nature and extent of government. There are but few perfons who are not frequently in the course of their lives called upon to decide upon the rights, and even upon the lives of their fellow-citizens as jurors. In this fituation they are obliged to form judgments upon points of great importance and nicety, that require a confiderable fhare of knowledge. This treatife is intended to furnifh fuch perfons with the information neceffary for the faithful discharge of fuch important trusts.

But there is no order of men who can receive more benefit from such an undertaking as the prefent, than those who have the honor to hold commiffions of the peace. Their extenfive jurifdiction in criminal cafes, and their power of trying matters of a civil nature, frequently render it neceflary for them to determine queftions of as much intricacy and nicety, as any that come before the highest courts. But few of them from their fituation in life, can pay that attention to the study of the law, by which in its prefent state they can acquire the knowledge neceffary to qualify them to fill their places with dignity and refpectability. The confequence is, that their erroneous determinations render them contemptible, and their ignorar ce jobjects them to the impofitions of the artful and defign

ing. Unfkilled in the mere formality of making entries of their proceedings and judgments, their records often furnish abundant matter of ridicule, when exposed to public view in writs of error brought to the fuperior court. To furnish justices of the peace with a plain treatife, by which they can with facility acquire the information requifite to qualify them to discharge the duties of their office with honor, and adminifter juftice with impartiality, is the most important object of this work.

But it is not expected that those gentlemen who move in the higher ranks of judicature, or who are immediately converfant in the practice of the law, will derive any benefit from thefe difquifitions. Their benevolence and patriotifm will induce them to encou rage an undertaking that is calculated to diffeminate useful know. ledge, and augment the happiness of the people.

To every citizen of Connecticut, nothing can afford a more heart-felt delight than the confideration, that in no country on the globe, is there a more general diffufion of knowledge among all elaffes of people.-The univerfal attention paid to education, has laid the permanent foundation of a general taste for science and reading.The various branches of literature by means of fyftematic treaties are within their reach: but the jurifprudence of the country is furrounded by fuch thick clouds of technical jargon and abftrufe learn ing, that it is inacceffible to the mafs of the people. To diffipate the darkness which has fo long veiled this interesting feience, and to disclose to the people a full view of thofe rules which govern their daily conduct, is the great object of this wotk. All that technical intricacy which has fo long disfigured the fcience of jurif prudence, will be avoided, and our laws fimplified and fyftematized, will be prefented in a form intelligible to every capacity. A treatife calculated for this purpose is all that is now neceflary to dissemi ̧ nate, as large a fhare of general and ufeful knowledge, as can be acquired by the body of the people. A republican form of government will then have the faireft chance to be put to the test of experiment. We fhall be able to afcertain what portion of political happiness, a people are capable of attaining when they are well informed, and the quantity of civil liberty which is compatible

with that energy in governmet which is neceffary to preferve the peace and good order of the community. Thofe gentlemen who have a relish for literature, may pursue their enquiries refpecting the laws of their country with as much facility and amusement, as they can the other branches of fcience, while a complete view and accu, rate delineation of our legal code, will render its fuperior excellence the object of general admiration and regard.

In accomplishing this work, the author has followed the practice of all writers on this fubject. He has not scrupled to take advantage of the writings of all who have preceeded him, and the plans and methods which they have adopted. The merit of the performance depends upon its being a faithful digeft, and accurate compilation of principles already known and established, and not on new and origninal obfervations and difcoveries. Far more delightful would it be to indulge the mind in wandering into the regions of fancy, and in exploring the fields of science, to felect the most pleafing and fplendid topics for difcuffion and illuftration. But I muft adopt the language of an eminent reporter ; « "The nature of the "undertaking precludes that fort of ambition, by which authors are “ so often animated, and my utmost aim will be attained, if I fhall' "be found in any degree to have merited the humble praise of ufeful accuracy :ubi ingenio non erat locus, curæ teftimonium

«

promeruiffe contentus."

SECTION SECOND.

OF LAW IN GENERAL.

LAW, in the limited fenfe in which we are to confider it in the

courfe of our difquifitions, is the rule of human conduct in a state of fociety. But in its most extended sense it may be defined to be a rule of action, applicable to animate and inanimate nature, and comprehending all the general principles of action, that are established in the fyftem of the univerfe. To obtain a clear idea of the import of this term in its various and qualified meanings, we must furvey that Tyftem of things from which laws originate, and in which they are eftablished. Philofophical

* Dong. 8.

!

Philofophical difcoveries have unfolded to mankind the magni ficent and fumblime idea, that univerfal space is adorned with innumerable systems of worlds-that all the stars like our fun, are funs to planetary fyftems-that the planets perform regular revolutions in their orbits, and are peopled by an infinite variety of inhabitants. Thele fyftems again perform one grand revolution around a common center, the center of Infinity, the throne of the Supreme Intel-. ligence, the great firft Caufe-where his almighty power communicates life and motion to all nature, where his onniscient eye contemplates the ineffable glories of his works, and his boundless benevolence derives immeafureable delight, from diffufing infinite felicity to innumerable ranks of being; while the mufic of the spheres refounds a perpetual fong to his praife. This glorious reprefentation of univerfal nature, exhibits the most exalted view of the tranfcendent excellence and boundlefs power of the Supreme Deity, whofe almighty fiat called all worlds into existence, and impressed upon them thofe general and immutable laws, that will regulate their operation through the endless ages of eternity. The Supreme Being whofe attributes are infinite power, wisdom and goodnefs, has formed this fyftem upon the most perfect plan. He diffufes the greateft poffible happiness, and diftributes impartial justice to all intelligent and rational creatures--Tho our imperfect natures difqualify us, to reconcile all events that come within our knowledge, to the attributes of the Deity; yet if we could fcan the universe, and discover the final refult of all things, there is no doubt but that we fhould be delighted at the glorious manifeftations of justice, and the liberal diffufion of felicity. The Deity having from all eternity, established the general laws that will operate with invariable certainty through all eternity, he is capable of forefecing all events, that will take place, and of courfe, all things paft, prefent, and to come, are forever in the view of his omnifcient mind.

Thefe

• Aftronomers have difcovered that the stars which are commonly fuppofed to be fixed, have a regular motion, which renders it probable, that they have a revolution round a common center. The preceffion of the equinoxes can better be accounted for on this hypothefis, than any other. The idea of the mufic of the fpheres originated with Pythagoras, and probably was fuggefted by his fingular theory of philofophy, that the firft principles of things confift ed in the harmony of numbers. Upon this idea, he has erected the mo fanciful fabric of philofophy of any of the ancients. A contemplation of the revolution of all the planetary fyftems round a common center, accompanied by the mufic of the fpacres, unfolds the most elevated and tranfcendent idea of the fupreme character.