Difference between revisions of "History of the Pleas of the Crown"

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===by Sir Matthew Hale===
 
===by Sir Matthew Hale===
 
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<blockquote> The ''Historia placitorum'' coronae was printed in an edition by Sollom Emlyn in 1736 and was the main authority on English criminal law for a century thereafter (it is occasionally confused with a much sketchier notebook on the subject, published in 1678 as ''Pleas of the Crown, or, A Methodical Summary of the Principal Matters Relating to that Subject)''. Stephen believed that the work displayed ‘a depth of thought and comprehensiveness of design which puts it in quite a different category from Coke's ''Institutes’'' (J. F. Stephen, ''A History of the Criminal Law of England'', 1883, 2.211). According to Gilbert Burnet, Hale started it before the regicide, suspending work during the interregnum; he was certainly still adding new material in the months of illness following his retirement. Like the ''Historia'', the ''History'' is a history in the seventeenth-century sense—a comprehensive treatment of its topic, though much of its length is taken up with the story of the law's development. It is notable for a Burkean account of the wisdom of a customary law, and for a temperate defence of the system's continuity across the Norman conquest. The ''Analysis'' at its conclusion is a complete taxonomy of matters handled by the common law; it was borrowed by William Blackstone with minimal modification and therefore provides the structure of Blackstone's ''Commentaries''. <ref> Alan Cromartie, [http://www.oxforddnb.com/view/article/11905 "Hale, Sir Mathew (1609–1676)"], ''Oxford Dictionary of National Biography'', Oxford University Press, 2004, accessed 7 June 2013] </ref> </blockquote>
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[http://en.wikipedia.org/wiki/Matthew_Hale_(jurist) Sir Matthew Hale] (1609- 1676) attended [http://en.wikipedia.org/wiki/Lincoln%27s_Inn Lincoln’s Inn] to study the law in the footsteps of his father, who had died when Hale was a very young age.<ref>A. Cromartie, [http://www.oxforddnb.com.proxy.wm.edu/view/article/11905 “Hale, Sir Mathew (b.c 1609 d. in 1676)”] in ''Oxford Dictionary of National Biography'' (Oxford University Press, 2004- ), accessed October 9, 2013.</ref> While studying at Lincoln’s Inn, Hale became very close with the attorney general, William Noy (d. 1634).<ref>H. Flander, “Sir Matthew Hale,” ''University of Pennsylvania Law Review and American Law Register'' 56 (1908), 6.</ref> Noy is believed to have helped shape Hale’s love for medieval transcripts.<ref>Ibid.</ref> This would later lead to Hale’s work on a large amount of legal literature. Hale entered the bar in 1636 after the normal seven years of schooling.<ref>Cromartie, “Hale, Sir Mathew."</ref> In 1671, Sir Matthew Hale became the chief justice of the Court of King’s Bench, a well-deserved role considering the amount of writing he was doing on criminal law as well as the common law.<ref>Ibid.</ref><br />
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''Historia Placitorum Coronæ'', ''The History of the Pleas of the Crown'', is a three-volume work on criminal law that was never completed.<ref>W. S. Holdsworth, “Sir Matthew Hale,” ''Law Quarterly Review'' 39 (1923), 419.</ref> In Hale's plan, the first volume would cover capital offenses and then further split between treasons and felonies; the second volume would consist of non-capital offenses; finally, the third volume would deal with franchises and liberties.<ref>Ibid.</ref> Unfortunately only the first volume was completed, but it was considered almost perfect with many of Hale’s edits complete.<ref>Ibid.</ref> The book was ordered to be published by the House of Commons in 1680 but the first edition only appeared in 1736.<ref>Ibid, 420.</ref> It became "the main authority on English criminal law for a century thereafter" and "provides the structure of Blackstone's ''Commentaries''."<ref> Alan Cromartie, "Hale, Sir Mathew."</ref>  
  
 
==Bibliographic Information==
 
==Bibliographic Information==

Revision as of 14:20, 14 October 2013

by Sir Matthew Hale

Sir Matthew Hale (1609- 1676) attended Lincoln’s Inn to study the law in the footsteps of his father, who had died when Hale was a very young age.[1] While studying at Lincoln’s Inn, Hale became very close with the attorney general, William Noy (d. 1634).[2] Noy is believed to have helped shape Hale’s love for medieval transcripts.[3] This would later lead to Hale’s work on a large amount of legal literature. Hale entered the bar in 1636 after the normal seven years of schooling.[4] In 1671, Sir Matthew Hale became the chief justice of the Court of King’s Bench, a well-deserved role considering the amount of writing he was doing on criminal law as well as the common law.[5]

Historia Placitorum Coronæ, The History of the Pleas of the Crown, is a three-volume work on criminal law that was never completed.[6] In Hale's plan, the first volume would cover capital offenses and then further split between treasons and felonies; the second volume would consist of non-capital offenses; finally, the third volume would deal with franchises and liberties.[7] Unfortunately only the first volume was completed, but it was considered almost perfect with many of Hale’s edits complete.[8] The book was ordered to be published by the House of Commons in 1680 but the first edition only appeared in 1736.[9] It became "the main authority on English criminal law for a century thereafter" and "provides the structure of Blackstone's Commentaries."[10]

Bibliographic Information

Author: Sir Matthew Hale.

Title: Historia Placitorum Coronæ: The History of the Pleas of the Crown.

Published: [London], In the Savoy: Printed by E. and R. Nutt, and R. Gosling for F. Gyles, 1736.

Edition: First edition; two volumes.

Evidence for Inclusion in Wythe's Library

Wythe definitely owned this title—a copy at the University of Virginia includes his bookplate and an inscription on the inside front board, "Given by Thos. Jefferson to D. Carr, 1806." Not surprisingly, it is also listed in the Jefferson Inventory of Wythe's Library as Hale's P.C. 2.v. fol., given by Thomas Jefferson to Dabney Carr. Three of the Wythe Collection sources (Dean's Memo[11], Brown's Bibliography[12] and George Wythe's Library[13] on LibraryThing) list The History of the Pleas of the Crown.

Description of the Wolf Law Library's copy

Has owner's label on spine, "Robt. Yancey"; illegible autograph dated 1832 on front cover and repeated on title page.

View this book in William & Mary's online catalog.

References

  1. ↑ A. Cromartie, “Hale, Sir Mathew (b.c 1609 d. in 1676)” in Oxford Dictionary of National Biography (Oxford University Press, 2004- ), accessed October 9, 2013.
  2. ↑ H. Flander, “Sir Matthew Hale,” University of Pennsylvania Law Review and American Law Register 56 (1908), 6.
  3. ↑ Ibid.
  4. ↑ Cromartie, “Hale, Sir Mathew."
  5. ↑ Ibid.
  6. ↑ W. S. Holdsworth, “Sir Matthew Hale,” Law Quarterly Review 39 (1923), 419.
  7. ↑ Ibid.
  8. ↑ Ibid.
  9. ↑ Ibid, 420.
  10. ↑ Alan Cromartie, "Hale, Sir Mathew."
  11. ↑ Memorandum from Barbara C. Dean, Colonial Williamsburg Found., to Mrs. Stiverson, Colonial Williamsburg Found. (June 16, 1975), 7 (on file at Wolf Law Library, College of William & Mary).
  12. ↑ Bennie Brown, "The Library of George Wythe of Williamsburg and Richmond," (unpublished manuscript, May, 2012) Microsoft Word file. Earlier edition available at: https://digitalarchive.wm.edu/handle/10288/13433
  13. ↑ LibraryThing, s. v. "Member: George Wythe," accessed on June 28, 2013, http://www.librarything.com/profile/GeorgeWythe
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