Britton (law)
Encyclopedia
Britton is the earliest summary of the law
of England
in the French
tongue, which purports to have been written by command of King Edward I
.
The origin and authorship of the work have been much disputed. It has been attributed to John le Breton
, bishop of Hereford
, on the authority of a passage found in some MSS. of the history of Matthew of Westminster
; there are difficulties, however, involved in this theory, inasmuch as the bishop of Hereford died in 1275, whereas allusions are made in Britton to several statutes passed after that time, and more particularly to the well-known statute Quia emptores terrarum, which was passed in 1290. It was the opinion of Selden
that the book derived its title from Henry de Bracton
, the last of the chief justiciaries, whose name is sometimes spelled in the fine rolls
"Bratton" and "Bretton", and that it was a royal abridgment of Bracton's great work on the customs and laws of England, with the addition of certain subsequent statutes. The arrangement, however, of the two works is different, and but a small proportion of Bracton's work is incorporated in Britton. The work is entitled in an early MS. of the 14th century, which was once in the possession of Selden, and is now in the Cambridge university library
, Summa de legibus Anglie que vocatur Bretone; and it is described as "a book called Bretoun" in the will of Andrew Horn, the learned chamberlain of the city of London
, who bequeathed it to the chamber of the Guildhall
in 1329, together with another book called Mirroir des Justices.
Britton was first printed in London by Robert Redman, without a date, probably about the year 1530. Another edition of it was printed in 1640, corrected by Edmund Wingate
. A third edition of it, with an English
translation, was published at the University Press, Oxford
, 1865, by F. M. Nichol. An English translation of the work without the French
text had been previously published by R. Kelham in 1762.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
of England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
in the French
Law French
Law French is an archaic language originally based on Old Norman and Anglo-Norman, but increasingly influenced by Parisian French and, later, English. It was used in the law courts of England, beginning with the Norman Conquest by William the Conqueror...
tongue, which purports to have been written by command of King Edward I
Edward I of England
Edward I , also known as Edward Longshanks and the Hammer of the Scots, was King of England from 1272 to 1307. The first son of Henry III, Edward was involved early in the political intrigues of his father's reign, which included an outright rebellion by the English barons...
.
The origin and authorship of the work have been much disputed. It has been attributed to John le Breton
John de Breton
John de Breton was a medieval Bishop of Hereford. He served as a royal justice and sheriff before being nominated to Hereford...
, bishop of Hereford
Bishop of Hereford
The Bishop of Hereford is the Ordinary of the Church of England Diocese of Hereford in the Province of Canterbury.The see is in the City of Hereford where the seat is located at the Cathedral Church of Saint Mary and Saint Ethelbert which was founded as a cathedral in 676.The Bishop's residence is...
, on the authority of a passage found in some MSS. of the history of Matthew of Westminster
Matthew of Westminster
Matthew of Westminster, long regarded as the author of the Flores Historiarum, is now thought never to have existed.The error was first discovered in 1826 by Francis Turner Palgrave, who said that Matthew was "a phantom who never existed," and later the truth of this statement was completely proved...
; there are difficulties, however, involved in this theory, inasmuch as the bishop of Hereford died in 1275, whereas allusions are made in Britton to several statutes passed after that time, and more particularly to the well-known statute Quia emptores terrarum, which was passed in 1290. It was the opinion of Selden
John Selden
John Selden was an English jurist and a scholar of England's ancient laws and constitution and scholar of Jewish law...
that the book derived its title from Henry de Bracton
Henry de Bracton
Henry of Bracton, also Henry de Bracton, also Henrici Bracton, or Henry Bratton also Henry Bretton was an English jurist....
, the last of the chief justiciaries, whose name is sometimes spelled in the fine rolls
Fine rolls
The fine rolls record offers of money to the Kings of England for concessions and favours from the 12th to the 17th centuries.In general, a fine is an agreement made with the king, or one of his chief ministers, to pay a certain sum of money for a specified benefit. In some cases the sum of money...
"Bratton" and "Bretton", and that it was a royal abridgment of Bracton's great work on the customs and laws of England, with the addition of certain subsequent statutes. The arrangement, however, of the two works is different, and but a small proportion of Bracton's work is incorporated in Britton. The work is entitled in an early MS. of the 14th century, which was once in the possession of Selden, and is now in the Cambridge university library
Cambridge University Library
The Cambridge University Library is the centrally-administered library of Cambridge University in England. It comprises five separate libraries:* the University Library main building * the Medical Library...
, Summa de legibus Anglie que vocatur Bretone; and it is described as "a book called Bretoun" in the will of Andrew Horn, the learned chamberlain of the city of London
City of London
The City of London is a small area within Greater London, England. It is the historic core of London around which the modern conurbation grew and has held city status since time immemorial. The City’s boundaries have remained almost unchanged since the Middle Ages, and it is now only a tiny part of...
, who bequeathed it to the chamber of the Guildhall
Guildhall, London
The Guildhall is a building in the City of London, off Gresham and Basinghall streets, in the wards of Bassishaw and Cheap. It has been used as a town hall for several hundred years, and is still the ceremonial and administrative centre of the City of London and its Corporation...
in 1329, together with another book called Mirroir des Justices.
Britton was first printed in London by Robert Redman, without a date, probably about the year 1530. Another edition of it was printed in 1640, corrected by Edmund Wingate
Edmund Wingate
Edmund Wingate was an English mathematical and legal writer, one of the first to publish in the 1620s on the principle of the slide rule, and later the author of some popular expository works...
. A third edition of it, with an English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
translation, was published at the University Press, Oxford
Oxford University Press
Oxford University Press is the largest university press in the world. It is a department of the University of Oxford and is governed by a group of 15 academics appointed by the Vice-Chancellor known as the Delegates of the Press. They are headed by the Secretary to the Delegates, who serves as...
, 1865, by F. M. Nichol. An English translation of the work without the French
Law French
Law French is an archaic language originally based on Old Norman and Anglo-Norman, but increasingly influenced by Parisian French and, later, English. It was used in the law courts of England, beginning with the Norman Conquest by William the Conqueror...
text had been previously published by R. Kelham in 1762.
External links
- English translation of Britton courtesy of the Internet ArchiveInternet ArchiveThe Internet Archive is a non-profit digital library with the stated mission of "universal access to all knowledge". It offers permanent storage and access to collections of digitized materials, including websites, music, moving images, and nearly 3 million public domain books. The Internet Archive...