The most striking feature of the treatise is, that it is based upon a
collection of writs. Omitting the Introduction and the last book, on
Pleas of the Crown, just one-third of the chapters into which it is
divided consists of writs. These are of all kinds, directed to Lords’
Courts, to County Courts, and to Ecclesiastical Courts, as well as
writs returnable in the King’s Courts. Later writers have made free
use of writs, but here they are the skeleton of the whole treatise.
They fulfil the function of judgment-rolls in Bracton’s book, and of
decisions in Coke and later writers. The collection of these eighty
writs must have been a work of several years, since some of the writs
were certainly of rare occurrence. The Chief Justice, or his clerk,
attested all the writs, and either of them had both opportunity and
reason for making such a collection; hardly another man in the kingdom
would have been likely to do it.
A large part of the treatise is written in a crabbed and inelegant,
though usually a clear style. In a few passages, however, near the
beginning of the book, we find an elevation of thought and elegance of
diction often admired and imitated. The Introduction, in particular,
and the seventh chapter of the second book, in praise of the assize
(which, according to tradition, Glanville had a hand in inventing,
or, at least, in establishing), are worthy of a man “sapiens simul
et eloquens”; in sharp contrast with other parts of the work, which
indicate an author who “omnia regni novit jura,” but was surely “non
eloquio pollens.”
The first ten books of the treatise are carefully written, the
commentary is full, the subject well developed. The last four books,
on the other hand, seem to have been hurriedly thrown together. The
proportion of writ to text is more than twice that in the preceding
books; indeed, in the book devoted to the County Courts (in which
Glanville had presided for years, and must have become as familiar with
the law and procedure as with those of the King’s Courts), there is
almost no comment. It seems possible that a proposed full commentary on
the County Court practice, for which an elaborate collection of writs
was at hand, was abandoned.
The exact date of the work is fixed by the only two dated documents—two
fines, of June 27 and about November 1, 1187. Fines were then novel,
and they were described carefully. It seems likely that the passage,
which occurs toward the end of the treatise, was written soon after the
dates of enrollment. Both fines were enrolled in Glanville’s presence.
Public-domain text, read in full here on John Shaqi.
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