We may now conjecture that the author, or authors, of the treatise had
for years been collecting writs, either for preservation as useful
precedents, or possibly with the object of composing a commentary upon
them. The collection finished, it would not be a matter of much time
or difficulty for one who knew the law, writs in hand, to dictate his
commentary to a secretary also learned in the law. If the collector was
Glanville, and the secretary Hubert, we may suppose that the actual
work of composition was begun in 1185, or 1186; not, apparently, a
time of strenuous labor for either. Passages of particular importance
or of especial interest to Glanville would be composed by him with
care; the actual form of the remainder might safely be left to his
competent secretary, subject only to revision by himself. In 1186
the Dean of York died, and the succession was given to Hubert; and
Glanville soon set out on his embassy to the King of France. In spite
of this, however, time still remained for the completion of the work in
the rather less polished form of the later books. In February, 1187,
Glanville and Hubert were sitting together in the Court at Westminster;
and from that month to the beginning of 1189 (with the exception of
Lent, 1188, when Glanville was preaching his crusade in Wales), both
appear to have remained in England, without serious interruption from
public business. The year 1188, in fact, seems to have been one of
the least busy of Glanville’s official life; and, until his time was
absorbed by the troubles of the closing year of the reign, there was
nothing to prevent a continuance of the work. The last hurried chapters
may well, therefore, have been completed in 1188.
There is, then, nothing against the early and persistent tradition that
Glanville wrote the treatise, and much in its favor; though most of the
actual composition may have been the work of Hubert Walter.
[The fullest discussion of the authorship of “Glanville”
may be found in Pollock and Maitland’s “History of the
English Law,” i, 163. Reeves’ discussion (“History of the
English Law,” Finlayson’s Edition, i, 254) and Foss’s
(“Judges of England,” i, 180) are also worth consulting
upon this point. Liebermann (“Einleitung,” p. 73)
supports the theory of Glanville’s authorship; and in the
“Zeitschrift für romanische Philologie,” xix, 81, he gives
interesting proof of the early popularity of the treatise.
See also Professor Maitland’s article, “Glanville Revised,”
in the Harvard Law Review, vi, 1.
The life and character of Hubert may be found in the “Actus
Pontificum Cantuariensium” of Gervase. Glanville’s and
Hubert’s itineraries may be found in Eyton’s “Itinerary of
Henry II.”]
III. THE CHARACTER OF THE TREATISE.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account