But, whether the same identical person successively occupied these
various situations, and, at different periods of his life, filled the
rather opposite and inconsistent characters of an able General and a
profound Lawyer—a skilful Courtier and an enlightened Legislator, is
a doubt which has been entertained by some very respectable Writers.
Nor has it passed without a question, whether the present Treatise was
really composed by the person whose name it bears. Lord Littleton,
indeed, is inclined to infer, that it was not written by Glanville,
but by some Clergyman under his direction.[17] These doubts may serve
to evince the ingenuity of those who have suggested them, but they
prove nothing. When the various situations Glanville is stated to have
filled are represented as incompatible, and we start at beholding the
grave Lawyer divest himself of his robes to girt on the armour of the
soldier, we forget the manners of the age when Glanville florished.
When we suppose, that because the work is composed in Latin, it was not
written by a Layman, we beg the question: and, having assumed, that no
Layman, whatever his parts, whatever his application, could have been
sufficiently skilled to write such Latin as our Author has employed, we
pay but a sorry compliment to the age, and rather too hastily conclude
that we have proved, what, indeed, we have merely taken for granted.
When, in fine, we infer, that the knowledge of Law displayed in the
Work, and the labor consumed in composing it, are no less inconsistent
with the high and elevated station of Glanville, than incompatible
with his employments, we forget, that his rise was progressive, and
that, as there are but few things to which a truly great mind is
inadequate, the production of a small volume upon that Law which it was
daily in the habit of dispensing, ought not, whatever the merit of the
work may be, to be ranked amongst the number. It must not, however,
be concealed, that Mr. Selden mentions a circumstance which, at the
first glance, appears to go a great way in determining the question.
“I know the authority of that Treatise,” says he, in speaking of the
present work, “is suspected, and some of the best and ancientest
copies having the name of _E. de N._ which I have heard from diligent
searchers in this kind of Learning affirmed to have been sometimes _E.
de Narbrough_, and not _R. de Glanvilla_, it hath been thought to be
another’s work, and of later time. But as, on the other side, I dare
not be confident that it is Glanville’s, so I make little question,
that it is as ancient as his time, if not his work. The _teste_ of the
precedents of writs under his name, the language, especially the name
of _Justitia_ always for that which we now from ancient time called
_Justiciarius_, (and _Justitia_ was so used in writers under Henry the
Second) and the Law delivered in it tasteth not of any later age.”[18]
Though the latter part of this Extract may be reasonably thought to
Public-domain text, read in full here on John Shaqi.
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