Difference between revisions of "De Legibus et Consuetudinibus Angliae"

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===by Henry de Bracton===
 
===by Henry de Bracton===
 
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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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Much about [http://en.wikipedia.org/wiki/Henry_de_Bracton Henry de Bracton] (d.1268)&mdash;also known as Henry of Bracton and Henry Bratton<ref>''The Catholic Encyclopedia'', s.v. [http://www.newadvent.org/cathen/02726c.htm "Henry de Bracton"], 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 he was born at Devon and then received his education in civil and canon law at Oxford.<ref>Ibid.</ref> After an indeterminate time in service as clerk to William of Raleigh, de 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'' (Oxford University Press, 2004- ), accessed October 22, 2013).</ref> then to the King’s Bench.<ref>Ibid.</ref> As a judge, de Bracton favored no political faction, and was noted for his ability to transcend such conflicts between “king and baron.”<ref>''The Catholic Encyclopedia'', s.v. "Henry de Bracton."</ref><br />
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The treatise he left behind is known alternately as ''De Legibus et Consuetudinibus Angliae'', and, simply, ''Bracton'',<ref>Brand, "Bratton , Henry of."</ref> and consists in part of hundreds of judicial opinions<ref>''The Catholic Encyclopedia'', s.v. "Henry de Bracton."</ref> accompanied by a summary of the common law of the day.<ref>Brand, "Bratton , Henry of."</ref> It primarily treated topics in property and the criminal law.<ref>Ibid.</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 for its foundation in the Roman law, even as it articulated something distinctly English.<ref>''The Catholic Encyclopedia'', s.v. "Henry de Bracton."</ref> Given the dates of some of the cases and the content of some of the commentary, it is highly unlikely that de Bracton is the sole author of this treatise, though his contribution is apparent in later additions to the work.<ref>Brand, "Bratton , Henry of."</ref> The enormous endeavor of ''De Legibus'' would remain relatively untouched until the advent of Blackstone’s ''Commentaries''.<ref>[bracton.law.harvard.edu "Bracton: De Legibus et Consuetudinibus Angliae"] in ''Bracton Online'' (Harvard Law School Library, 2003- ), accessed October 21, 2013.</ref>  
  
 
==Bibliographic Information==
 
==Bibliographic Information==
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'''Author:''' Henry de Bracton, (d. 1268)
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'''Author:''' Henry de Bracton
  
 
'''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
 
'''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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==Description of the Wolf Law Library's copy==
 
==Description of the Wolf Law Library's copy==
  
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View this book in [https://catalog.swem.wm.edu/law/Record/533244 William & Mary's online catalog].
 
==External Links==
 
==External Links==
 
[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]
 
[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]

Revision as of 13:04, 27 October 2013

by Henry de Bracton

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 he was born at Devon and then received his education in civil and canon law at Oxford.[2] After an indeterminate time in service as clerk to William of Raleigh, de 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, de Bracton favored no political faction, and was noted for his ability to transcend such conflicts between “king and baron.”[5]

The treatise he left behind is known alternately as De Legibus et Consuetudinibus Angliae, and, simply, Bracton,[6] and consists in part of hundreds of judicial opinions[7] accompanied by a summary of the common law of the day.[8] It primarily treated topics in property and the criminal law.[9] De Legibus was pioneering not only for its prodigious length, especially compared with the only other existing English treatise of the time[10] but for its foundation in the Roman law, even as it articulated something distinctly English.[11] Given the dates of some of the cases and the content of some of the commentary, it is highly unlikely that de Bracton is the sole author of this treatise, though his contribution is apparent in later additions to the work.[12] The enormous endeavor of De Legibus would remain relatively untouched until the advent of Blackstone’s Commentaries.[13]

Bibliographic Information

Author: Henry de Bracton

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

Published: Londini: typis Milonis Flesher & Roberti Young, assign: Johannis More, armig., 1640.

Edition:

Evidence for Inclusion in Wythe's Library

Description of the Wolf Law Library's copy

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

External Links

Google Books

References

  1. ↑ The Catholic Encyclopedia, s.v. "Henry de Bracton", accessed October 16, 2013.
  2. ↑ Ibid.
  3. ↑ Paul Brand, "Bratton , Henry of (d. 1268)" in Oxford Dictionary of National Biography (Oxford University Press, 2004- ), accessed October 22, 2013).
  4. ↑ Ibid.
  5. ↑ The Catholic Encyclopedia, s.v. "Henry de Bracton."
  6. ↑ Brand, "Bratton , Henry of."
  7. ↑ The Catholic Encyclopedia, s.v. "Henry de Bracton."
  8. ↑ Brand, "Bratton , Henry of."
  9. ↑ Ibid.
  10. ↑ Ibid.
  11. ↑ The Catholic Encyclopedia, s.v. "Henry de Bracton."
  12. ↑ Brand, "Bratton , Henry of."
  13. ↑ [bracton.law.harvard.edu "Bracton: De Legibus et Consuetudinibus Angliae"] in Bracton Online (Harvard Law School Library, 2003- ), accessed October 21, 2013.
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