The work itself is anonymous, the manuscripts stating only that it was
composed in the time of Henry II., “Glanville then holding the helm
of justice.” Early tradition, however, asserts that it was written by
Glanville himself, and that fact was accepted as undoubted from the
thirteenth to the nineteenth century. Modern scholars have expressed
doubt of it. Littleton’s objection (in his “Life of Henry II.”) that
Glanville could not have written the book because he was not in orders,
may be dismissed at once. The greater officers of the administration,
whether in orders or not, must have had sufficient Latin to dictate a
Latin treatise to a clerk, and Glanville was particularly commended for
his eloquence by more than one contemporary. Hunter’s objection (in the
preface to his “Fines”) is that Glanville, at the time the treatise was
written, was too busy in public affairs to have composed such a work,
and he suggests that the author may have been William de Glanville, a
justice in the next reign; who was, in fact, Glanville’s son, and (from
1186) his secretary. But this is the merest guess. Professor Maitland
conjectures (for a rather fanciful reason, perhaps) that the author
may have been Hubert Walter. Liebermann, on the other hand, defends
Glanville’s authorship. Certainly there is little external proof that
Glanville was the author of the treatise, though it must have been
written by some one in high position and repute to have obtained so
immediate a success. The internal evidence does not lead us much
further. The style is that of a person speaking with authority, but not
necessarily the authority of the Chief Justiciar himself. The claim of
Hubert Walter to the authorship cannot be dismissed without further
examination.
Hubert was a nephew of Glanville’s wife; according to one account,
of Glanville himself, Glanville’s younger brother having married his
wife’s sister. Whether Hervey Walter, Hubert’s father, was really, as
this account has it, Hervey de Glanville or not, it is certain that
Hubert was brought up in intimacy with Glanville’s family, became his
secretary, and was regarded by him as a valued counsellor. He was made
Dean of York in 1186, being succeeded as secretary by Glanville’s son
William. He soon became Bishop of Salisbury, Archbishop of Canterbury,
and later Chief Justiciar and Chancellor of the Kingdom. He is
described as a man of foresight and wisdom; it is said of him that his
heart was in human affairs rather than divine, and that he knew all
the laws of the kingdom. He was, however, a man “of little eloquence;”
indeed, one chronicler ridicules his Latin style.
Did Glanville write the whole treatise? or did Hubert Walter write
it? Or did they collaborate on it? Perhaps we can reach a conjectural
conclusion by a more careful examination of the treatise itself.
Public-domain text, read in full here on John Shaqi.
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