His _Treatise on Tenures_ was probably written after he had been
appointed to the bench. It is addressed to his second son Richard, who
went to the bar, and whose name occurs in the year books of the reign of
Henry VII. The book, both historically and from its intrinsic merit, may
be characterized as the first text-book upon the English law of
property. The law of property in Littleton's time was mainly concerned
with rights over land, and it was the law relating to this class of
rights which Littleton set himself to digest and classify. The time was
ripe for the task. Ever since the Conquest regular courts of justice had
been at work administering a law which had grown out of an admixture of
Teutonic custom and of Norman feudalism. Under Henry II. the courts had
been organized, and the practice of keeping regular records of the
proceedings had been carefully observed. The centralizing influence of
the royal courts and of the justices of assize, working steadily through
three centuries, had made the rules governing the law of property
uniform throughout the land; local customs were confined within certain
prescribed limits, and were only recognized as giving rise to certain
well-defined classes of rights, such, for instance, as the security of
tenure acquired by villeins by virtue of the custom of the manor, and
the rights of freeholders, in some towns, to dispose of their land by
will. Thus, by the time of Littleton (Henry VI. and Edward IV.), an
immense mass of material had been acquired and preserved in the rolls of
the various courts. Reports of important cases were published in the
"year books." A glance at Statham's _Abridgment_, the earliest digest of
decided cases, published nearly at the same time as Littleton's
_Tenures_, is sufficient to show the enormous bulk which reported cases
had already attained as materials for the knowledge of English law.
Littleton's treatise was written in that peculiar dialect compounded of
Norman-French and English phrases called law French. Although it had
been provided by a statute of 36 Edward III. that _viva voce_
proceedings in court should no longer be conducted in the French tongue,
"which was much unknown in the realm," the practice of reporting
proceedings in that language, and of using it in legal treatises,
lingered till a much later period, and was at length prohibited by a
statute passed in the time of the Commonwealth in 1650. Unlike the
preceding writers on English law, Glanville, Bracton and the authors of
the treatises known by the names of Britton and Fleta, Littleton borrows
nothing from the sources of Roman law or the commentators. He deals
exclusively with English law.
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