“A Treatise on the Law and Customs of the Kingdom of England” is the
earliest systematic treatise on law written in modern times. A few
collections of law and decretals, like the _Decretum_ of Gratian and
the “Assises of Jerusalem,” had, to be sure, been published earlier;
but they were not, like this book, regular expositions of an existing
system of law. Bracton’s work was modelled on Glanville, and, through
Bracton, Glanville thus fixed the type of the modern commentary on
law. An imitation, in many parts an exact copy, of this book was
later published in Scotland under the title “Regiam Majestatem,” and
the claim was vigorously made for a time that it was the original,
Glanville the imitation. This notion, improbable on its face, was
absolutely disproved by arguments set forth in Beames’ Introduction.
The first edition of the treatise was printed by R. Tottel in small
12mo, about the year 1554. Coke says that this was done by suggestion
of Sir William Stanford, the learned judge and author. The second
edition was printed by Thomas Wright in 1604. The text was corrected
by the collation of “various manuscripts.” This edition was exactly
reprinted, omitting the preface, in 1673. The treatise was again
printed in the first volume of Houard’s “_Traités sur les Coutumes
Anglo-Normandes_” in quarto, Rouen, 1776. The last Latin edition was
published by John Rayner, 8vo, 1780, collated with the Bodleian, the
Cottonian, the Harleian and Doctor Milles’s manuscripts by J.E. Wilmot.
The Latin text is also printed as an appendix to Phillips’s “Englische
Reichs und Rechtsgeschichte,” ii, 335: Berlin, 1828. A collation of
Glanville with the “Regiam Majestatem” may be found in the Acts of the
Parliament of Scotland, i, 133. An English translation by John Beames,
with notes, was published in octavo, London, 1812, and is reprinted in
the present edition.
This treatise is more than a mere law book. It is a monument to the
genius of one of the greatest legal reformers of all time. Henry II.
came to the throne, after a long period of anarchy, to find countless
systems of law administered by a confused and confusing mass of popular
courts and feudal courts. He at once set himself to bring order and
unity out of anarchy and chaos. He made the King’s Court the common
court of the land; he determined its jurisdiction as against the
church, the lords and the sheriffs; and he made it the guardian of a
King’s peace, which should protect high and low throughout the whole
land. The establishment of peace was in fact the chief object of his
stormy career. Glanville’s treatise shows us the method he took to
secure his object.
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