Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1886-10-01

$. Taft on this subject read before the
Vermont Bar association at the meeting
in 1885, has been published in pamphlet
form We copy from it the following
descriptions of some of the early books OF
English law, written in the centuries pre-
cedng the time of William the Norman
GRANVILLE.
The first book written upon English
law is a treatise on the laws and customs
of the Kingdom of England, by Ranulph
De Glanville. He was born about the
year l135, in the county of Suffolk, and
although II layman, was trained as good
classical scholar, aud initiated in all the
mysteries of feudal law, was an excellent
soldier and strategist, and held office un-
der King stephen in Yorkshire and West
mOreland IN llI4 he was high sheriff of
Yorkshire, and hearing that William the
Lion, king of the Scots, had invaded the
kingdom, without waiting for orders,
raised the posse cOmitdtnS, and after a
long march rode about 40 miles in one
day, engaged and defeated the Scottish
army; made the Scottish king captive
and delivered him to King Henry the
Second He was made chief justiciar of
the kingdom. and was the first who filled
it celebrated for qualities purely judicial
While chief justiciar, during the kings
absence in Normandy, the Welsh invaded
assembled an army, and drove the Welsh
back into their own country, and after
ward negotiated Il treaty with their chiefs.
He was made dapifer to the king. In 1889,
III the midst of his glory, though well
stricken in years, with wife and many
children and grand children, he enlisted
in the Crusade, and in the following year
was killed fighting valiantly at the siege
of Acre, in the borders of JeWry A col
| lateral branch of his family hourished
till the year 1900; but the family is now
extinct. His work was probably com
| posed by the command Of the king, for
some of the manuscript copies of the trea-
| ti>e bear tnC Title Laws of King Henry
Second" The book furnishes us with
| presidents OF writS and other procedure,
some of which are precisely the same as
those used in the earlier part of the pres
ent century, and treats Of the system
then in use, which had nearly superseded
The juridical institutions of the Anglo
SaXons, 1t treats mainly Of the proceed
ings in the Auld Regis or the Kings
Court
The year 1889 is given by DR.. Robertson
in his observations upon that century, as
the date of the book. 1t remained in man
uscrpt until the year 1854, when it was
printed.
The last edition was from translation
by John Beames, Esq, printed in 1872.
BRACTON.
The next and most vouminous work of
the early law writers, was written by the
great lumnary of the law, Henry De
BractOn and is entitled "Of the Laws
and Customs of England" De Bracton
is supposed to have been native of Dew
on. He is included by Mr.. Prince among
the 'Worthies of Devon" and he adds
that he studied at oxford, where he took
the degree OF doctor OF both laws. Though
he was usually styled De Bracton, he has
passed by the name of Brattor, Brectoun,
Brecton, Brycton. Brtton, Braiton, Bac-
ton, BraO and Brett lu. lie was judge
In the reign oi Henry Iii. and probably
cher ju,tlcia. between i26j and 12GS, was
one of the greatest jurists who ever lived
IN any age or any country, and was riv-
aled by no English juridical writer till
Blackstone arose five centuries afterward |
This work is a systematic one, giving
complete view of the law rs it stood at
that time, and is superior to Glanv!lle. !
1t Is divided into five books, and these |
into chapters, and is modelled upon the
systematic method of the civil lawyers
and contains nothing but what was adj |
mitted as Il part of the English law. 1t |
gives complete view of the municipal |
law of England in all its titles, as it stood !
when the author wrote ; and for system |
attic arrangement, for perspicuity, and !
nervousness ii cannot be too much adj |
mired. The work is one of the fullest and |
ttDltSl lltttllStS upOu Jurisprudence NllCn !
England has ever produced, and could |
not but remain for long period after Its
publication, the principal authority of |
English law. As he quotes case in the |
4Gth year Of King Henry III, it was proba- |
bly, written between the years 1852 and |
l26S, rs all notice of him ceases in 1861.
The work was first printed in folio in |
l569, and agaiu in 1910. The last edition
of it has been published since 1878, in sew
eral vul umes, by the Records Commission, !
in England. 1t is said to have been poor
ly edited.
For two centuries after the Conquest, |
the chief justiciat of the kingdom not only |
presided IN the j uld Regis, but was like |
wise endowed with military and political
functions, and during the absence of the
king III foreign countries, governed the
realm like viceroy.
lie was "a guardian of the public peace,
and coroner general, and had control of
the finances of the kingdom.
Edward ! assembled the throne in 1872 !
lie mas been styled the Engl !sh ,Iustinian |
Cln his time the law did receive SO sudden
Il perfection that Sir Matthew Hale does !
not scruple to affirm that more was done
in the 10 years of his reign to settle and
establish the distrlbutive justice OF the |
Kingdom, than III all ages since that time
put togetherD He decreed that there |
should no longer be justiciar with mill !
tary and political AS we'll as judicial func-
'ioiS. nc u Htt htVtS WAS hDOllSntu, |
and the Court of the Kings Bench, Com
mon Pleas, and EXchequer were estab-
lshed, and the judges of the Courts We're
Tor the llrst time selected from the body
OF professional men who had formed them |
selves into societies called Inns of
Courts" and who had devoted their lives
to legal pursuits. At that time Glanvile
and Bracton were the only works then
written treating of the laws and customs
of England.
The art of printing had not been invented,
and the great length of the works. espec-
tally that of Bracton made the labor of
reading them considerable. They were
closely written without paging or index,
and could not have been practically use
ful to lawyer. During the reign of Ed
ward SO much improvement was made in
the judicial system and Jurisprudence of
the country that a comprehensive trea-
tise upon the law, as then administered,
in more concise form, became neces-
slty, ana several treatises appeared dur
ing this reign
FLErA,