Difference between revisions of "De Legibus et Consuetudinibus Angliae"

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{{DISPLAYTITLE:''Henrici de Bracton De Legibus et Consuetudinibus Angliae Libri Quinque''}}
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{{DISPLAYTITLE:''Henrici de Bracton De Legibus et Consuetudinibus Angliae Libri Quinque: in Varios Tractatus Distincti, ad Diversorum & Vetustissimorum Codicum Collationem, Ingenti Cura Denuò Typis Vulgati''}}
 
===by Henry de Bracton===
 
===by Henry de Bracton===
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{| width="350" style="float: right; background-color: #f9f9f9; border: 1px solid #ddd; margin: 10px 0 10px 10px;"
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<blockquote> Henry of Bratton was long thought to have been the author of the legal treatise known as Bracton. As may be deduced from its more formal alternative title De legibus et consuetudinibus Angliae, it is the most ambitious English legal work of the middle ages, apparently conceived on a grand scale as an overall survey and discussion of the whole of the common law as it was being applied in the king's courts in England, with supporting citations of actual decided cases, and the reproduction of writ and enrolment formulas currently in use. The extant treatise is evidently only part of the work as originally envisaged, but even so the work is around ten times the length of the only previous English legal treatise, Glanvill. The main topics covered are the acquisition and transmission of property rights, criminal law, and the working of the different kinds of real action for the recovery or assertion of rights over land and other forms of real property. Most manuscripts divide up the work into four or five books, but this division is an artificial one and the basic unit of composition appears to be the ‘title’. Each ‘title’ is in turn composed of a number of independent paragraphs. Bracton is clearly the work of an author with a knowledge of Roman and canon law as well as English common law, though there has been a long debate among legal historians about how expert the author really was in the ‘learned law’. It is clear that the author did make use of Roman law to fill gaps in his English materials. He also drew on Roman law for some of the more abstract organizing principles of the treatise. Despite the size of the book it survives in about fifty different manuscripts, most of them written during the last two decades of the thirteenth century or the first half of the fourteenth century.<ref> Paul Brand, ‘Bratton , Henry of (d. 1268)’, Oxford Dictionary of National Biography, Oxford University Press, 2004; online edn, Jan 2008 [http://www.oxforddnb.com/view/article/3163, accessed 6 June 2013] </ref> </blockquote>
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| colspan="2" style="text-align: center; font-size: 125%;"|'''''Bracton'''''
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| colspan="2" style="font-size: 85%;"|
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[[File:HenriciDeBracton1640FirstPageOfText.jpg|center|border|300px]]
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First page of text from [https://wm.primo.exlibrisgroup.com/permalink/01COWM_INST/g9pr7p/alma991023619169703196 ''Henrici de Bracton De Legibus et Consuetudinibus Angliae''], George Wythe Collection, Wolf Law Library, College of William & Mary.
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| style="vertical-align: top; font-size: 85%;"|'''Author'''
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| style="vertical-align: top; font-size: 85%;"|[[:Category:Henry de Bracton|Henry de Bracton]]
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| style="vertical-align: top; font-size: 85%;"|'''Published'''
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| style="vertical-align: top; font-size: 85%;"|[[:Category:London|Londini]]: Typis Milonis Flesher & Roberti Young, assign: Johannis More, armig.
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|-
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| style="vertical-align: top; font-size: 85%;"|'''Date'''
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| style="vertical-align: top; font-size: 85%;"|1640
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|-
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| style="vertical-align: top; font-size: 85%;"|'''Language'''
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| style="vertical-align: top; font-size: 85%;"|[[:Category:Latin|Latin]]
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| style="vertical-align: top; font-size: 85%;"|'''Pages'''
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| style="vertical-align: top; font-size: 85%;"|16, 444 (i. e. 442)
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|-
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| style="vertical-align: top; font-size: 85%;"|'''Desc.'''
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| style="vertical-align: top; font-size: 85%;"|[[:Category:Quartos|4to]] (23 cm.)
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|-
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| style="vertical-align: top; font-size: 85%;"|'''Shelf'''
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| style="vertical-align: top; font-size: 85%;"|F-2
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|}Much about [[wikipedia:Henry de Bracton|Henry de Bracton]] (d.1268) &mdash; also known as Henry of Bracton and Henry Bratton<ref>Charles Boothman, "[http://www.newadvent.org/cathen/02726c.htm Henry de Bracton]" in ''The Catholic Encyclopedia'' (New York: Robert Appleton Company, 1907), v.2, accessed October 16, 2013.</ref> &mdash; remains shrouded in mystery, from his origins to even the circumstances of his most significant contribution to legal scholarship. It is speculated that Bracton was born at Devon and received his education in civil and canon law at Oxford.<ref>Ibid.</ref> After an indeterminate time in service as clerk to [[wikipedia:William de Raley|William of Raleigh]], Bracton was appointed to the bench of the circuit court at Lincolnshire and Nottinghamshire,<ref>Paul Brand, "[http://www.oxforddnb.com.proxy.wm.edu/view/article/3163 Bratton, Henry of (d. 1268)]" in ''Oxford Dictionary of National Biography'', accessed October 22, 2013.</ref> then to the [[wikipedia:Court of King's Bench (England)|King's Bench]].<ref>Ibid.</ref> As a judge, Bracton favored no political faction, and was noted for his ability to transcend such conflicts between "king and baron."<ref>Boothman, "Henry de Bracton."</ref>
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[[File:BractonDeLegibus1640InitialCapitalBk4.jpg|left|thumb|250px|<center>Initial capital, first page of book four.</center>]]
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The treatise he left behind is known alternately as ''De Legibus et Consuetudinibus Angliae'', or simply, ''Bracton''.<ref>Brand, "Bratton, Henry of."</ref> It consists of hundreds of judicial opinions<ref>Boothman, "Henry de Bracton."</ref> accompanied by a summary of the common law of the day, primarily in property and the criminal law.<ref>Brand, "Bratton, Henry of."</ref> ''De Legibus'' was pioneering not only for its prodigious length, especially compared with the only other existing English treatise of the time,<ref>Ibid.</ref> but also for its foundation in the Roman law even as it articulated something distinctly English.<ref>Boothman, "Henry de Bracton."</ref> Given the dates of some of the cases and the content of the commentary, it is unlikely that Bracton is the sole author, though his contribution is apparent in later additions to the work.<ref>Brand, "Bratton, Henry of."</ref>  
  
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==Bibliographic Information==
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==Evidence for Inclusion in Wythe's Library==
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'''Author:''' Henry de Bracton, (d. 1268)
 
  
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'''Title:''' Henrici de Bracton De Legibus et Consuetudinibus Angliae Libri Quinque: in Varios Tractatus Distincti, ad Diversorum & Vetustissimorum Codicum Collationem, Ingenti Cura Denuò Typis Vulgati
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Wythe ordered "Bracton" from John Norton & Sons in a letter dated May 29, 1772. Records indicate the order was fulfilled.<ref>Frances Norton Mason, ed., ''John Norton & Sons, Merchants of London and Virginia: Being the Papers from their Counting House for the Years 1750 to 1795'' (Richmond, Virginia: Dietz Press, 1937), 242-243. The letter is endorsed "Virga. 29 May 1772 / George Wythe / Recd. 21 September / Goods Entr. pa. 163/ Ans. the March 1773."</ref> "Bracton. fol." is also listed in the [[Jefferson Inventory]] of [[Wythe's Library]]. This was one of the titles kept by [[Thomas Jefferson]]. Both [http://www.librarything.com/profile/GeorgeWythe George Wythe's Library]<ref>''LibraryThing'', s.v. "[http://www.librarything.com/profile/GeorgeWythe Member: George Wythe]," accessed on March 5, 2014.</ref> on LibraryThing and the [https://digitalarchive.wm.edu/handle/10288/13433 Brown Bibliography]<ref> 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.</ref> suggest that a copy of the 1569 folio edition of ''De Legibus et Consuetudinibus Angliae'' at the University of Virginia might by Wythe's copy, but it has no definitive Wythe markings. Brown also mentions a copy of the 1640 quarto edition Jefferson sold to the Library of Congress in 1815.<ref>E. Millicent Sowerby, ''Catalogue of the Library of Thomas Jefferson'', (Washington, D.C.: The Library of Congress, 1952-1959), 2:212-213 [[http://babel.hathitrust.org/cgi/pt?id=mdp.39015033648109;view=1up;seq=227 no.1771]].</ref> The Goodwin pamphlet<ref>Mary R. M. Goodwin, [https://research.colonialwilliamsburg.org/DigitalLibrary/view/index.cfm?doc=ResearchReports\RR0216.xml ''The George Wythe House: Its Furniture and Furnishings''] (Williamsburg, Virginia: Colonial Williamsburg Foundation Library, 1958), XLVI.</ref> also lists the 1640 edition based on the copy at the Library of Congress. [[Dean Bibliography|Dean's Memo]]<ref>[[Dean Bibliography|Memorandum from Barbara C. Dean]], Colonial Williamsburg Found., to Mrs. Stiverson, Colonial Williamsburg Found. (June 16, 1975), 9 (on file at Wolf Law Library, College of William & Mary).</ref> cites William Edwin Hemphill's dissertation, "[[George Wythe the Colonial Briton|George Wythe the Colonial Briton]],"<ref>William Edwin Hemphill, "[[George Wythe the Colonial Briton|George Wythe the Colonial Briton: A Biographical Study of the Pre-Revolutionary Era in Virginia]]" (PhD diss., University of Virginia, 1937), 123.</ref> as her reason to include the 1640 edition. The Wolf Law Library followed the recommendations of Goodwin and Dean and moved a copy of the 1640 edition from the general rare books collection to the [[George Wythe Collection]].
  
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'''Published:''' Londini: typis Milonis Flesher & Roberti Young, assign: Johannis More, armig., 1640.
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==Description of the Wolf Law Library's copy==
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Rebound in period style full calf with red and black spine labels. Copy imperfect: lacks title page and all pages preceding first numbered leaf; many pages of index torn and/or missing. Includes marginal annotations in brown ink throughout and a former owner's label, "Robt. Yancey," on spine.  
  
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'''Edition:'''
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Images of the library's copy of this book are [https://www.flickr.com/photos/wolflawlibrary/sets/72157659856035425 available on Flickr.] View the record for this book in [https://wm.primo.exlibrisgroup.com/permalink/01COWM_INST/g9pr7p/alma991023619169703196 William & Mary's online catalog.]
  
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==Evidence for Inclusion in Wythe's Library==
 
  
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==Description of the Wolf Law Library's copy==
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[[File:BractonDeLegibus1640Marginalia.jpg|center|thumb|500px|<center>Marginalia and underlining, page 227.</center>]]
  
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==External Links==
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==See also==
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[http://books.google.com/books?id=eMMZGvat28cC&printsec=frontcover&dq=Henrici+de+Bracton+De+Legibus+et+Consuetudinibus+Angliae+Libri+Quinque+1640&hl=en&sa=X&ei=EAHfUYOlNtK64APV54CgDw&ved=0CDgQ6AEwAg#v=onepage&q&f=false Google Books]
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*[[George Wythe Room]]
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*[[Jefferson Inventory]]
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*[[Wythe's Library]]
  
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===References===
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==References==
 
<references/>
 
<references/>
  
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==External Links==
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Read this book in [http://books.google.com/books?id=eMMZGvat28cC&printsec=frontcover Google Books.]
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__NOTOC__
 
[[Category:English Law]]
 
[[Category:English Law]]
 
[[Category:George Wythe Collection at William & Mary's Wolf Law Library]]
 
[[Category:George Wythe Collection at William & Mary's Wolf Law Library]]
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[[Category:Henry de Bracton]]
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[[Category:Jefferson's Books]]
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[[Category:Possible Surviving Wythe Volumes]]
 
[[Category:Titles in Wythe's Library]]
 
[[Category:Titles in Wythe's Library]]
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[[Category:Latin]]
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[[Category:London]]
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[[Category:Quartos]]

Latest revision as of 09:23, 23 May 2024

by Henry de Bracton

Bracton
HenriciDeBracton1640FirstPageOfText.jpg

First page of text from Henrici de Bracton De Legibus et Consuetudinibus Angliae, George Wythe Collection, Wolf Law Library, College of William & Mary.

Author Henry de Bracton
Published Londini: Typis Milonis Flesher & Roberti Young, assign: Johannis More, armig.
Date 1640
Language Latin
Pages 16, 444 (i. e. 442)
Desc. 4to (23 cm.)
Shelf F-2
Much about Henry de Bracton (d.1268) — also known as Henry of Bracton and Henry Bratton[1] — remains shrouded in mystery, from his origins to even the circumstances of his most significant contribution to legal scholarship. It is speculated that Bracton was born at Devon and received his education in civil and canon law at Oxford.[2] After an indeterminate time in service as clerk to William of Raleigh, Bracton was appointed to the bench of the circuit court at Lincolnshire and Nottinghamshire,[3] then to the King's Bench.[4] As a judge, Bracton favored no political faction, and was noted for his ability to transcend such conflicts between "king and baron."[5]
Initial capital, first page of book four.

The treatise he left behind is known alternately as De Legibus et Consuetudinibus Angliae, or simply, Bracton.[6] It consists of hundreds of judicial opinions[7] accompanied by a summary of the common law of the day, primarily in property and the criminal law.[8] De Legibus was pioneering not only for its prodigious length, especially compared with the only other existing English treatise of the time,[9] but also for its foundation in the Roman law even as it articulated something distinctly English.[10] Given the dates of some of the cases and the content of the commentary, it is unlikely that Bracton is the sole author, though his contribution is apparent in later additions to the work.[11]

Evidence for Inclusion in Wythe's Library

Wythe ordered "Bracton" from John Norton & Sons in a letter dated May 29, 1772. Records indicate the order was fulfilled.[12] "Bracton. fol." is also listed in the Jefferson Inventory of Wythe's Library. This was one of the titles kept by Thomas Jefferson. Both George Wythe's Library[13] on LibraryThing and the Brown Bibliography[14] suggest that a copy of the 1569 folio edition of De Legibus et Consuetudinibus Angliae at the University of Virginia might by Wythe's copy, but it has no definitive Wythe markings. Brown also mentions a copy of the 1640 quarto edition Jefferson sold to the Library of Congress in 1815.[15] The Goodwin pamphlet[16] also lists the 1640 edition based on the copy at the Library of Congress. Dean's Memo[17] cites William Edwin Hemphill's dissertation, "George Wythe the Colonial Briton,"[18] as her reason to include the 1640 edition. The Wolf Law Library followed the recommendations of Goodwin and Dean and moved a copy of the 1640 edition from the general rare books collection to the George Wythe Collection.

Description of the Wolf Law Library's copy

Rebound in period style full calf with red and black spine labels. Copy imperfect: lacks title page and all pages preceding first numbered leaf; many pages of index torn and/or missing. Includes marginal annotations in brown ink throughout and a former owner's label, "Robt. Yancey," on spine.

Images of the library's copy of this book are available on Flickr. View the record for this book in William & Mary's online catalog.


Marginalia and underlining, page 227.

See also

References

  1. ↑ Charles Boothman, "Henry de Bracton" in The Catholic Encyclopedia (New York: Robert Appleton Company, 1907), v.2, accessed October 16, 2013.
  2. ↑ Ibid.
  3. ↑ Paul Brand, "Bratton, Henry of (d. 1268)" in Oxford Dictionary of National Biography, accessed October 22, 2013.
  4. ↑ Ibid.
  5. ↑ Boothman, "Henry de Bracton."
  6. ↑ Brand, "Bratton, Henry of."
  7. ↑ Boothman, "Henry de Bracton."
  8. ↑ Brand, "Bratton, Henry of."
  9. ↑ Ibid.
  10. ↑ Boothman, "Henry de Bracton."
  11. ↑ Brand, "Bratton, Henry of."
  12. ↑ Frances Norton Mason, ed., John Norton & Sons, Merchants of London and Virginia: Being the Papers from their Counting House for the Years 1750 to 1795 (Richmond, Virginia: Dietz Press, 1937), 242-243. The letter is endorsed "Virga. 29 May 1772 / George Wythe / Recd. 21 September / Goods Entr. pa. 163/ Ans. the March 1773."
  13. ↑ LibraryThing, s.v. "Member: George Wythe," accessed on March 5, 2014.
  14. ↑ 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.
  15. ↑ E. Millicent Sowerby, Catalogue of the Library of Thomas Jefferson, (Washington, D.C.: The Library of Congress, 1952-1959), 2:212-213 [no.1771].
  16. ↑ Mary R. M. Goodwin, The George Wythe House: Its Furniture and Furnishings (Williamsburg, Virginia: Colonial Williamsburg Foundation Library, 1958), XLVI.
  17. ↑ Memorandum from Barbara C. Dean, Colonial Williamsburg Found., to Mrs. Stiverson, Colonial Williamsburg Found. (June 16, 1975), 9 (on file at Wolf Law Library, College of William & Mary).
  18. ↑ William Edwin Hemphill, "George Wythe the Colonial Briton: A Biographical Study of the Pre-Revolutionary Era in Virginia" (PhD diss., University of Virginia, 1937), 123.

External Links

Read this book in Google Books.

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