BRACTON,H.d.(1210-1268), De legibus et consuetudinibus Angliae, London 1569.

BRACTON,H.d.(1210-1268), De legibus et consuetudinibus Angliae, London 1569.

BRACTON, Henricus de (1210-1268), De legibus et consuetudinibus Angliae libri quinque; in varrios tractatus distincti, ad diversorum et vetustissimorum codicum collationem. London (Londini), Apud Richardum Tottellum. 1569. Quart. (Reprint Vico Verlag, Frankfurt am Main 2014) Titelblatt, (16), 444num.Bll. Half-linen. Order-no.: IC-76 ISBN 3-936840-95-4 available Reprint of the first edition of the very important work!

275,00

Order Number: 445DB

Henry de Bracton was probably born at Bratton Fleming in Devonshire, became an ecclesiastic and probably learned law as a royal clerk, possibly to William Raleigh, later a royal judge. He is recorded as an itinerant justice in the Midlands in 1245 and in the West of England from 1248 to 1260. He was a judge of the King`s Bench from 1248 to about 1257. In 1264 he was appointed archdeacon of Barnstaple and, later that year, chancellor of Exeter cathedral. (D. Walker, The Oxford Companion to Law, Oxford 1980) This is a complete Treatise upon the law of England as it existed when Bracton wrote. It is devided into five books, and these are subdivided with method and system, affording a copious and accurate detail of legal learning. Bracton`s method of treating his subjects, resembles that of Justinian, whom he often introduces in ipsissimis verbis, as well as the canon law, wshich has led some to suppose that he was more of the civilian and canonist than the common lawyer. At the time he wrote the Pope`s supremacy in England was abolute, and it is not surprising, therefore, that in his work we find the common, the civil, and the canon law in juxtaposition. The authority of Bracton has occasionally been questioned, when it was the fashion of the times to underrate every work in any way connected with the canon or the civil law, but this author has always had warm admirers and able defenders. Liber primus: De rerum divisione Liber secundus: De Acquirendo rerum dominio Liber tertius: De Actionibus in primo tractatu in eodem libro: De Corona in secundo tractatus Liber quartus: De Assisis novae disseysinae in primo tractatu in eodem libro: De Assisis ultimae praesentationis in secundo tractatu In eodem libro: de Consanguinitate in quarto tractatu In eodem libro: De Assis Iuris utrum in quinto tractatu In eodem libro: De Dote in sexto tractatu In eodem libro: De Ingressu in septimo tractatu In Quinto libro: De Breve de recto in primo tractatu In eodem libro: De Essoniis in secundo tractatu In eodem libro: De Defaltis in tertio tractatu In eodem libro: De Warrantia in quarto tractatu In eodem libro: De Exceptionibus in quinto tractatu. This is a complete Treatise upon the law of England as it existed when Bracton wrote. It is devided into five books, and these are subdivided with method and system, affording a copious and accurate detail of legal learning. Bracton`s method of treating his subjects, resembles that of Justinian, whom he often introduces in ipsissimis verbis, as well as the canon law, wshich has led some to suppose that he was more of the civilian and canonist than the common lawyer. At the time he wrote the Pope`s supremacy in England was abolute, and it is not surprising, therefore, that in his work we find the common, the civil, and the canon law in juxtaposition. The authority of Bracton has occasionally been questioned, when it was the fashion of the times to underrate every work in any way connected with the canon or the civil law, but this author has always had warm admirers and able defenders. Fulbech, two hundred and fifty years since, says – “There be some ancient writers of the law, namely Bracton, Britton, and Glainville, whom, as it is not unprofitable to read, so to rely upon them is dangerous; for most of that which they do give forth for law is now antiquated and abolished; their books are monumenta adorandae rubignis, which be of more reverence than authority.” Fitzherbert informs us that it was agreed by the whole court in 35 Hen. VI. that BRacton was never taken for an authority in our law. Upon reference to the Year Book it appears that Fitzherbert is not warranted in the assertion. Plowden, in his Commentaries, says that Bracton and Granville were not authorities in our law, but are only cited as ornaments to discourse when they agree with the law. Staunforde, however, held this father of the English law in such high estimation, “that he ventured to cite and argue from him upon the bench” – and Fortescue Aland said, that “the law books of Bracton and Fleta were the ancient law of the land, extending to all cases. These books are so strong that there has been non means of evading them but by denying their authority, and calling them books of civil law, and I never knew them denied for law except whre some statute or ancient usage has altered them.” In profundity and extent of legal learning, Bracton holds a deservedly high rank among the early English legal writers, and his work has been and is quoted and relied on by all our great judges and lawyers as to what the common law was at the time he wrote. It is written in a better style and purer Latin than Glanville, which in part may be attributed to the author`s familiarity with the Roman law. The work for a long time remained in manuscript, and many copies of it were in circulation, with additions and notes by various ahnds, before it was printed. It was no easy task to compile a genuine text out of any copy, and the book was published, differing, as it is supposed, from the author`s arrangement and distribution of the subject. The editions are, folio, London, 1569. 4to. 1640. In printing this last edition, some pains, as it appears from the preface, was taken by the editor, T. N., to correct and improve the next, by collating it with various manuscripts, which duty, it is to be regretted, was not as carefully performed as it ought to have been, there being at hte time several manuscripts in existence, and accessible, more correct than the printed second edition. (Marvin 140-141)

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