Page:The Green Bag (1889–1914), Volume 12.pdf/571

contend copy which notany only onewith of them the defects might possess, in any at the end as mere additions. This occurs even in the earliest known edition of the re but also against the possibility that there ports of the year, the publication of which might be produced some version of a case is attributed to Rastell. For the 24th year with which he could not be acquainted. of the same reign, however, we find BertheThere appears to be an illustration of let, or the editor for whom he printed, making these difficulties in Trinity Term 12 Edward additions to the previous edition or editions, III. (p. 613 Rolls Series). A case having with a distinct statement that he was print been only partly heard on a particular day, ing different reports of cases already known, counsel opened his argument on the day and this in very quaint English : following by citing a case in support of a Al be hit that a Reporte of this yere xxiiij particular point. According to Mr. Hor- Edwardi iij here after folowynge is al redy im wood's translation the Court said unani printed, and is more at lengthe reported than mously : " Your statement is false." The this is : yet it is thought that hit shulde not be original French is : " Vostre livere est faux." unprofitable for the gentyl men studentes of the There may, perhaps, be some warrant for lawe to have this. For thoughe the other be saying that "livere" may in some cases be the longer, yet for the most part through out the used for deliverance, or mode of expression, very groundes of the cases are more quickely but this seems to be a very forced rendering and more clerely touched in this than in that as to the reders shal playnely appere. in the present instance, and it unnecessarily Tothill republished years 23 and 24 Ed attributes to the Judges an act of great dis ward III., and substituted for the above courtesy. passage in English the words : It is one thing to tell a man that his state Here folowe the shorte reportes of 24 of ment is false, and quite another thing to tell him that his book is wrong. There can be E. 3, whereunto are annexed the cases whiche but little doubt that the lawyer had taken were wanting in this and are in the long reporte, advantage of an adjournment to look out a with such cases as are therein, more at large or easier reported there than in this : whiche you precedent, which he found in his "livere" or may finde in the ende of thys yeare by the rebook (the usual meaning of the word " livere ") ferments which are at the end of every such and that the Court, being better informed, case double reported. would have none of it. This last formula was copied into the edi It was known even to the printers, pub tion of 1619, but not without mistake, for lishers, or editors of some of the old black "E. 3." there became "E. 4." letter editions of the Year Books that re The editors of the edition of 1679 to0k ports occurred in more forms than one, upon themselves to translate all this into though they did not always make the best French. They did not go back to an earlier use of the knowledge. Thus in the I /th edition but accepted that of 1619 for their year of the reign of Edward III. there are model and copied the mistake which had double reports of cases, and in many in then crept in. Their French is as follo%vs : stances the second report is dissociated from Icy s'ensuivent les briefs Rapports de Г 24. the first, and either made to appear as a re du Edward le 4 aux queux son annexes les port of a different case, or else labelled as a Cases qui furent marques en cet, et sont en le "residuum" or continuation. The contents long Rapport, avec tels cases queux sont en cela of one manuscript of a particular term hav plus largement ou plus facilement rapportes la, ing apparently been exhausted, the contents que ne sont en cecy : les queux on trouve a la of another manuscript relating to the same fin de cet an par les references qui sont a la fin matters but differing in form were tacked on de chaqun tel case doublement rapportes.