English Law and the Renaissance: The Rede Lecture for 1901Maitland, Frederic William
History
English Law and the Renaissance: The Rede Lecture for 1901
Maitland, Frederic William
Law -- England -- History; Renaissance -- England
to Leibnitz, and then to the enlightened monarchy of the eighteenth
century is traced by Baron, _Franz Hotmans Antitribonian_, Bern, 1888.
In Scotland also the Regent Morton (d. 1581) entertained a project
of codification. A commission was appointed to prepare a uniform and
compendious order of the laws. It seems to be a question among Scotch
lawyers how far the book known as _Balfour’s Practicks_ represents the
work of the commissioners. See _Dict. Nat. Biog._, vol. XV., p. 317; vol.
III., p. 53.
[Sidenote: _The expiration of the Year Books. Decline of law reports._]
[49] The cessation of the Year Books in 1535 at the moment when the
Henrician Terror is at its height is dramatically appropriate. A great
deal, however, has yet to be done before the relevant facts will be fully
known. Mr C. C. Soule’s _Year-Book Bibliography_, printed in _Harvard
Law Review_, vol. XIV., p. 557, is of high importance. If by ‘the Year
Books’ we mean a series of books that have been printed, then the Year
Books become intermittent some time before they cease. The first eleven
years of Henry VIII are unrepresented, and there are gaps between years
14 and 18 and between 19 and 26. It remains to be seen whether there are
MSS. more complete than the printed series. Then we have on our hands the
question raised by what Plowden says in the Preface to his _Commentaries_
touching the existence of official reporters. Plowden says that he began
to study the law in 30 Hen. VIII, and that he had heard say that in
ancient times there were four reporters paid by the king. His words make
it clear that the official reporters, if they ever existed, came to an
end some considerable time before 30 Hen. VIII. The question whether they
ever existed cannot be raised here. Mr Pike’s investigations have not,
so I think, tended to bear out the tale that Plowden had heard; and if
the king paid stipends to the reporters, some proof of this should be
forthcoming among the financial records. The evidence of Francis Bacon
is of later date and looks like a mere repetition of what Plowden said
(Bacon, _Amendment of the Law_; Spedding, _Life and Letters_, vol. V., p.
86).
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