was charged with holding his lady until his
servant committed a rape upon her by his command. Also in marriages
contracted by force against the form of the Statute; in that case it is
provided that the woman, though a wife, may be admitted as evidence, as
also in some other cases which we have not room to mention._

_Persons convicted of perjury, forgery, etc., are not to be admitted as
legal witnesses, but that the record of their contrition must be
produced at the time the objection is made, for the Court mil take no
notice of hearsay and common fame in such respect. An infidel, also,
that is one who believes neither the Old nor New Testament, cannot be a
witness, and some other disabilities there are which being uncommon, we
shall not dwell upon here Yet it is necessary to take notice that
whatever is offered as proof against the defendant, shall be heard
openly before him, that he may have an opportunity of falsifying it, if
he be able; and as in all cases, except high treason, no council is
permitted to the prisoner except in matters of law, because every man is
supposed to be capable of defending himself as to matters of fact, yet
the Court is always council for the prisoner and never fails of
instructing and informing him of whatever may conduce to his benefit or
advantage; and if any difficult points of Law arise, council are
assigned him, and are permitted to argue in his behalf with the same
freedom that those do who are appointed by the Crown._

_From this succinct account of the method in use in England, of doing
justice in criminal cases, I flatter myself my readers will very clearly
see how valuable those privileges are which we enjoy as Englishmen; how
equitable the proceedings of our Courts of Justice; and how well
constructed every part of our constitution is for the preservation of
the lives and liberties of its subjects. If there remained room for us
to compare the judicious proceedings in use here with those slight,
rigorous and summary methods which are practised in other countries, the
value of these blessings which we enjoy would be considerably enhanced.
But as this Preface already exceeds its intended length, we must refer
this to a more proper opportunity, and conclude with putting our readers
in mind that by the careful perusal of this and the Preface to the First
Volume, they will have competent notion of the Crown Law, the reasons on
which it is founded, the method in which it is prosecuted,