The Writings of Thomas Jefferson, Vol. 6 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 6 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
Exodus, so as to place Alfred's preface to what was really his, awkwardly
enough in the body of the work. An interpolation the more glaring, as
containing laws expressly contradicted by those of Alfred. This pious
fraud seems to have been first noted by Howard, in his _Contumes Anglo
Normandes_ (188), and the pious judges of England have had no inclination
to question it; [of this disposition in these judges, I could give you
a curious sample from a note in my common-place book, made while I was
a student, but it is too long to be now copied. Perhaps I may give it
to you with some future letter.] This digest of Alfred of the laws of
the Heptarchy into a single code, common to the whole kingdom, by him
first reduced into one, was probably the birth of what is called the
common law. He has been styled, "Magnus Juris Anglicani Conditor;" and
his code, the Dom-Dec, or doom-book. That which was made afterwards
under Edward the Confessor, was but a restoration of Alfred's, with
some intervening alterations. And this was the code which the English
so often, under the Norman princes, petitioned to have restored to them.
But, all records previous to the _Magna Charta_ having been early lost,
Bracton's is the first digest of the whole body of law which has come
down to us entire. What materials for it existed in his time we know
not, except the unauthoritative collections of Lambard & Wilkins, and
the treatise of Glanville, tempore H. 2. Bracton's is the more valuable,
because being written a very few years after the _Magna Charta_, which
commences what is called the statute law, it gives us the state of the
common law in its ultimate form, and exactly at the point of division
between the common and statute law. It is a most able work, complete in
its matter and luminous in its method.
2. The statutes which introduced changes began now to be preserved;
applications of the law to new cases by the courts, began soon after to
be reported in the year-books, these to be methodized and abridged by
Fitzherbert, Broke, Rolle, and others; individuals continued the business
of reporting; particular treatises were written by able men, and all
these, by the time of Lord Coke, had formed so large a mass of matter
as to call for a new digest, to bring it within reasonable compass.
This he undertook in his Institutes, harmonizing all the decisions and
opinions which were reconcilable, and rejecting those not so. This work
is executed with so much learning and judgment, that I do not recollect
that a single position in it has ever been judicially denied. And although
the work loses much of its value by its chaotic form, it may still be
considered as the fundamental code of the English law.
Public-domain text, read in full here on John Shaqi.
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