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
In 1550 an English lawyer’s library of printed books might apparently
have comprised (besides some Statutes and Year Books) Littleton’s
Tenures, The Old Tenures, Statham’s Abridgement, Fitzherbert’s
Abridgement, Liber Intrationum, The Old Natura Brevium, perhaps a
Registrum Brevium (if that book, printed in 1531, was published before
1553), Institutions or principal grounds etc. [1544], Carta feodi
simplicis, [Phaer’s] New book of presidentes, Diversite de courts, Novae
Narrationes, Articuli ad novas narrationes, Modus tenendi curiam baronis,
Modus tenendi unum hundredum, Fitzherbert’s Justice of the Peace,
Perkins’s Profitable Book, Britton, Doctor and Student. A great part
of what was put into print was of medieval origin and had been current
in manuscript. In 1600 the following might have been added: Glanvill,
Bracton, Fitzherbert’s Natura Brevium, Broke’s Abridgement, Broke’s New
Cases, Rastell’s Entries, Staundford’s Prerogative and Pleas of the
Crown, Crompton’s Justice of the Peace, Crompton’s Authority of Courts,
West’s Symbolæography, Theloall’s Digest, Smith’s Commonwealth, Lambard’s
Archaionomia and Eirenarcha, Fulbecke’s Direction or Preparative to the
Study of the Law [1600], Plowden’s Commentaries, Dyer’s Reports and the
first volume of Coke’s Reports [1600]. This represents a great advance.
Already Fulbecke in his curious book (which was reprinted as still useful
in 1829) attempts a review of English legal literature: a critical
estimate of Dyer, Plowden, Staundford, Perkins and other writers.
Lambard’s revelation of the Anglo-Saxon laws was not unimportant, for a
basis was thus laid for national boasts; and, but for the publication of
Glanvill, Bracton and Britton, the work that was done by Coke would have
been impossible.
Were any books about Roman law printed in England before 1600, except a
few of Gentili’s?
[Sidenote: _The Court of Requests._]
[63] See Mr Leadam’s Introduction to _Select Pleas in the Court of
Requests_ (Seld. Soc.) and _Dict. Nat. Biog._ s.n. Caesar, Sir Julius.
[Sidenote: _Cowell’s ‘Interpreter.’_]
[64] See Gardiner, _Hist. England_, 1603-1642, vol. II., pp. 66-68; E.
C. Clark, _Cambridge Legal Studies_, pp. 74-75. Cowell’s _Institutiones_
(less known than the _Interpreter_) are an attempt, ‘in the main very
able,’ so Dr Clark says, to bring English materials under Roman rubrics.
It is a book which might have played a part in a Reception; but it came
too late.
[Sidenote: _Roman-Dutch law._]
[65] There can now be few, if any, countries outside the British Empire
in which a rule of law is enforced because it is (or is deemed to be) a
rule of Roman law. See _Galliers_ v. _Rycroft_ [1901] A. C. 130, for a
recent discussion before the Judicial Committee (on an appeal from Natal)
of the import of a passage in the Digest. Are there many lands in which
so much respect would be paid by a tribunal and for practical purposes to
a response of Papinian’s? I think not.
[Sidenote: _First Charter of Virginia._]
Public-domain text, read in full here on John Shaqi.
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