Page:Marvin, Legal Bibliography, 1847.djvu/370

HAL HALE, SIR M. Historia Placitorum Coronse ; the History of the Pleas of the Crown ; now first published from his Lordship's original Manuscript; with large Notes. By S. Emlyn. 2 vols, fol. London. 1736-39. 2d ed. By G. Wilson. 2 vols. 8vo. London. 1778. 3d ed. By Thomas Dogherty. 2 vols. 8vo. 1800. Burnet informs us that the author commenced this Treatise in the reign of Charles L, but after the King was beheaded he hid the MS. behind the wainscoting of his study, for " Lord Hale said there was no riiore occasion to use them till the King should be again restored to his right, and so, upon his Majesty's restoration, he took them out, and went on in his design to perfect that great work." The Treatise is not among those designated to be published by the author, in his will, but so highly was it esteemed, that in 1680 the House of Commons passed an order to have it printed, which, for some reason, was not carried into effect. The work remained in MS. till Mr. Emlyn assumed the task of bringing out an edition. It appears that there were two MSS. of the original, one in the author's hand writing, the rough draught, and a fair copy, in part revised by Lord Hale ; but the latter, having some interpolations, was wholly discarded by Mr. Emlyn, who printed his edition from what Foster, in ird, calls the " foul draught." Lord Hale was, for a long time, engaged upon the work, and if printed from the inferior MS., as Foster supposes, has great merits. It is charac- terized by precise and guarded definitions, sound reasoning, great erudi- tion, and is of high authority. Dallas, C. J. upon referring to this work, is reported (1 Brod. & Bing. 570,) to have said : " With respect to Lord Hale, it is needless to remind those whom I am now addressing, of the general character for learning and legal knowledge of that person, of whom it was said, that what was not known by him was not known by any other person, who preceded or followed him ; and that, what he knew, he knew better than any other person who preceded or followed him." Pref. Foster's Crown Law, 26; Burnet's Life of Hale, 39, 90; 1 Kent's Com. 511 ; 1 Stra. 701 ; Wilmot's Notes, dd; 1 Brod. & Bing. 570, 574 ; Willes, 50 ; 2 Swanst. 39 ; Wilmot's Op. 100. . The Jurisdiction of the Lords' House of Parlia- ment, considered according to Ancient Records; to which is pre- fixed an Introductory Preface, including a Narrative of the same Jurisdiction from the Accession of James I. By F. Hargrave. 4to. London. 1796. " A luminous order in the distribution of subjects, an uncommonness of materials from curious records and manuscripts, a profoundness of 358