The EDITOR to the READER.
IN the Preface to the First Volume, the Editor hath endeavoured to explain the Method of passing our antient Acts of Parliament, and to reconcile some contradictory Authorities on that Subject. He hath likewise offered some general Observations on the Statute Laws of this Kingdom; and concluded with specifying the Plan he proposed to pursue throughout the Course of the Work: From which he hath found no Reason to make any Deviation. It now only remains therefore to take Notice of such Matter as hath since occurred in his Progress through these Volumes; as also more particularly to explain the Method which hath been pursued in the Arrangement of the Table; and lastly, to give some Account of the Statutes which are printed separately in the Appendix.
Since the Preface was written, it hath occurred that in the fourth Section of the 18 Ed. 1. stat. 4. there is an Error in the Translation which runs through all the Editions now extant; wherein the Conusors are made to acknowledge the Mannor of B. with the Appurtenances, to be the Right of our Lord the King, which he hath of their Gift, &c. Whereas it ought to be that the Conusors acknowledge the Mannor, &c. to be the Right of R. that is, of Sir Robert the Conusee.——By this Statute, which prescribes the Method of passing Fines, the first Thing to be done is for the Pleader to ask of the Justice Conge de accorder, or Licence to agree. To which the Justice answers, naming one of the Parties, What will Sir R. give?[1] (that is, what will he pay for the Fine to the King?) "Then when they be agreed of the Sum of Money that must be given to the King, the Justice shall say, Cry the Peace: And after the Pleader shall say, Insomuch as Peace is licensed unto you, that W. S. and A. his Wife, (the Conusors) that here be, do acknowlege the Manor of B. with the Appurts, to
- ↑ In the old Editions it is printed, What faith Sir R? which is not reconcileable with any Meaning whatever. This gross Inaccuracy was corrected by Mr Cay, who altered it to Who will give? and his Correction is retained in the Margin of the present Edition. But on farther Consideration, it is submitted to the Reader's Judgment whether the above Translation What will Sir R. give? is not nearer to the true Sense. In the Original French it is to be observed, that the Pronoun relative que is used, Que donera Sir R? but if we render it Who will give? it should be the Pronoun personal qui. There is another Circumstance in favour of this Translation, which is that the Verb nomera in grammatical Order, refers to the Justice who names the Party, and not (as Lord Coke supposes) to the Pleader or Serjeant; who must name him if the Question stands who? Beside, the Question What will Sir Robert give? seems more naturally to precede the next Section; which supposes the Sum given to be agreed on, in consequence of that Question; And it may be added, that this is the Question now asked on acknowleging a Fine at Bar.
