The Statutes of the Realm/Volume 1/Introduction/Chapter 4/Section 2
Sect. II.
Of the Translation in this Collection of the Statutes.
The Printed Translation of the Statutes previous to Hen. VII. used for the present Work, is that of Cay’s Edition 1751: But as many Statutes and Parts of Statutes are omitted from the English of that Edition, the Deficiencies have been supplied from the Edition by Hawkins 1735, the Folio Edition 1618, usually called Rastall’s; Pulton’s Edition of the same Year; Rastall’s Collection in English 1603; and, in some few Instances from earlier English Collections, and other Authorities.[1] Of Statutes and Instruments or Parts thereof, not heretofore translated, and of such only, a Translation has been now made, which is always distinguished by being printed in a smaller Type. In making this new Translation, the following Rules have been generally adhered to: To render the Original as literally as possible, consistently with the Purpose of conveying the Sense in English: and to translate the same Word the same Way, if the Sense be the same. Former Translators of the Statutes having very much conformed to the Genius of the English Language in their Versions, and not servilely fallen into Latin or French Expressions or Forms of Speech, an Endeavour has been made to adopt Language of a Cast corresponding with those Versions.
In the Bodleian Library, Rawlinson Manuscript, No. 230, is a very antient Translation of some of the Statutes of the Time of Hen. III. and Edw. I. There is reason to think, that this Translation is of a Time certainly not later than Edward III, and probably of an earlier Period: It does not contain any Statute later than 25 Edward I. In the British Museum, Harleian Manuscript No. 4999, is a Translation of the Statutes 1 Edw. III. to 18 Hen. VI, made apparently in the Time of Henry VI, or Edward IV.
For the purpose of correcting Errors in the Translation, the several Editions, as well of the Text as of the Translation, have been compared with each other; and much Use has also been made of the two Manuscript Translations just noticed, which are cited thus, the Rawlinson Manuscript as MS. Tr. 1. and the Harleian Manuscript as MS. Tr. 2: After the Commencement of the Reign of Henry VI., the Petitions or Bills entered in English on the Parliament Roll, from whence the Statute was drawn up in French or Latin, have been consulted.
Corrections of Errors in the Translation which arise from Misinterpretation or Omission, are suggested either from other Translations, or, where no other Translation supplies a probable Correction, by new Expressions. Errors or Inconsistencies which arise from the Insertion of Words or Sentences, not authorized by the Text as given in the present Work, are noticed, either by a Reference to Records or Manuscript Authorities, or to antient Printed Copies of the Latin or French Text as authorizing such Insertion, or by a proposed Omission of the Words so inserted, in consequence of their not being justified by any Authority. Trifling Variances between the Text and the Translation, manifestly not affecting the Sense, have not been considered worthy of Notice; particularly where all former Translations agree in the same Reading. But as it was difficult, not to say impossible, to lay down any certain Standard on this latter Head, a Consistency entirely perfect may not have been uniformly observed, and is not to be expected.
The Notes and Marks suggesting the Corrections in the Translation, are to be thus understood: First, Words which are included between Crotchets, without any Note of Reference, are such as are contained in all Translations, and are authorized by Printed Copies of the Latin or French Text; though not authorized by the Text, or by any Various Reading, here given, from Manuscript Records or Authorities. Secondly, Words in the Translation included between Crotchets, with a Figure, refer to a Correction thereof, suggested in the Note; such Correction, if authorized by any Printed or Manuscript Translation, is printed in the Note in Roman Letter; but if not so authorized, then such Correction is printed in Italic Letter; if the Correction be justified by the Rolls of Parliament or old Manuscript Translations, they are quoted. Thirdly, A Reference within a Parenthesis between Two Words, suggests an Omission, which is supplied in the Notes, in Roman or Italic Character, according as it is or is not authorized, as before specified. Fourthly, Where any Words in the Translation are inclosed between Crotchets, with Reference to the Note “Not in Original,” it is to be understood, that neither the Text, as now given from the Record or Manuscript, nor any printed Copy, appears to authorize the Insertion of the Words. The Term “Old Translations” is applied to all published previous to the Year 1618; in which Year the Editions distinguished as Rastall’s and Pulton’s Statutes were both published: The Edition called Rastall’s, however, having followed the Current of several former Editions of the Statutes, is included in the Term “Old” Translations; and Pulton’s Translation being in many Parts new, and having been generally adopted by Cay and subsequent Editors, is therefore included in the Term “Modern.”
Short Abstracts or Side Notes have been prepared, as well to the Matters heretofore translated, as to those of which a Translation is now for the first Time given in this Publication; of those relating to Matters heretofore translated, some have been taken from Cay’s, or former English Editions of the Statutes; and like Abstracts are added to the Acts subsequent to the Reign of Hen. VII.
- ↑ The Translation of the Customs of Kent, Statutes of uncertain date, page 223 of the Statutes in this Volume, is taken from Lambard’s Perambulation of Kent.