NOTES.

Sir R. Rede’s lectures.

English law and the Renaissance.

Sir T. More’s lectures.

The Renaissance and Roman law.

Alciato and Zäsi.

Andrea Alciato was born at Alzate near Milan in 1492, studied at Pavia and Bologna, in 1518 was called to teach at Avignon, went to Milan in 1520, to Bourges in 1528, was afterwards at Pavia, Bologna and Ferrara, died at Pavia in 1550 (Pertile, Storia del diritto italiano, ed. 2, vol. II. (2), p. 428). Ulrich Zäsi was born in 1461, studied at Tübingen and at Freiburg where he became town-clerk and afterwards professor of law, died in 1535. See Stintzing, Ulrich Zasius, Basel, 1857, where (pp. 162-216) the intercourse between Erasmus, Zäsi, Alciato and Budé is described. The early Italian humanists had looked on jurisprudence with disdain and disgust. See Geiger, Renaissance und Humanismus, 1882, pp. 500-503; Voigt, Die Wiederbelebung des classischen Alterthums, ed. 3, vol. II., pp. 477-484. Gradually, so I understand, philologians such as Budé (d. 1540) began to discover that there was matter interesting to them in the Corpus Juris, and a few jurists turned towards the new classical learning. See Tilley, Humanism under Francis I., in English Historical Review, vol. XV., pp. 456 ff. In 1520 Zäsi, writing to Alciato, said ‘All sciences have put off their dirty clothes: only jurisprudence remains in her rags.’ (Stintzing, Ulrich Zasius, p. 107.)

Rabelais and the commentators.

Back to the texts!

The French school.

New life of the Corpus Juris.

Reginald Pole and the Reception.

Defects of English law.

‘Thys ys no dowte but that our law and ordur thereof ys over-confuse. Hyt ys infynyte, and without ordur or end. Ther ys no stabyl grounde therin, nor sure stay; but euery one that can coloure reson makyth a stope to the best law that ys before tyme deuysyd. The suttylty of one sergeant schal enerte [enerve?] and destroy al the jugementys of many wyse men before tyme receyuyd. There is no stabyl ground in our commyn law to leyne vnto. The jugementys of yerys [i.e. the Year Books] be infynyte and ful of much controuersy; and, besyde that, of smal authoryte. The jugys are not bounden, as I vnderstond, to folow them as a rule, but aftur theyr owne lyberty they haue authoryte to juge, accordyng as they are instructyd by the sergeantys, and as the cyrcumstance of the cause doth them moue. And thys makyth jugementys and processe of our law to be wythout end and infynyte; thys causyth sutys to be long in decysyon. Therefor, to remedy thys mater groundly, hyt were necessary, in our law, to vse the same remedy that Justynyan dyd in the law of the Romaynys, to bryng thys infynyte processe to certayn endys, to cut away thys long lawys, and, by the wysdome of some polytyke and wyse men, instytute a few and bettur lawys and ordynancys. The statutys of kyngys, also, be ouer-many, euen as the constytutyonys of the emperorys were. Wherefor I wold wysch that al thes lawys schold be brought into some smal nombur, and to be wryten also in our mother tong, or els put into the Latyn, to cause them that studye the cyuyle law of our reame fyrst to begyn of the Latyn tong, wherin they myght also afturward lerne many thyngys to helpe thys professyon. Thys ys one thyng necessary to the educatyon of the nobylyte, the wych only I wold schold be admyttyd to the study of thys law. Then they myght study also the lawys of the Romaynys, where they schold see al causys and controuersys decyded by rulys more conuenyent to the ordur of nature then they be in thys barbarouse tong and Old French, wych now seruyth to no purpos els. Thys, Mastur Lvpset, ys a grete blote in our pollycy, to see al our law and commyn dyscyplyne wryten in thys barbarouse langage, wych, aftur when the youth hath lernyd, seruyth them to no purpos at al; and, besyde that, to say the truth, many of the lawys themselfys be also barbarouse and tyrannycal, as you haue before hard. [Here follows an attack on primogeniture and entail.]

Reception of the civil law recommended.

The wych al by thys one remedy schold be amendyd and correct, yf we myght induce the hedys of our cuntrey to admyt the same: that ys, to receyue the cyuyle law of the Romaynys, the wych ys now the commyn law almost of al Chrystyan natyonys. The wych thyng vndowtydly schold be occasyon of infynyte gudness in the ordur of our reame, the wych I coud schow you manyfestely, but the thyng hyt selfe ys so open and playn, that hyt nedyth no declaratyon at al; for who ys so blynd that seth not the grete schame to our natyon, the grete infamy and rote that remeynyth in vs, to be gouernyd by the lawys gyuen to vs of such a barbarouse natyon as the Normannys be? Who ys so fer from rayson that consyderyth not the tyranycal and barbarouse instytutionys, infynyte ways left here among vs, whych al schold be wypt away by the receyuyng of thys wych we cal the veray cyuyle law; wych ys vndowtydly the most auncyent and nobyl monument of the Romaynys prudence and pollycy, the wych be so wryte wyth such grauyte, that yf Nature schold herselfe prescrybe partycular meanys wherby mankynd schold obserue hyr lawys, I thynke sche wold admyt the same: specyally, yf they were, by a lytyl more wysedome, brought to a lytyl bettur ordur and frame, wych myght be sone downe and put in effect. And so ther aftur that, yf the nobylyte were brought vp in thys lawys vndoubtydly our cuntrey wold schortly be restoryd to as gud cyuylyte as there ys in any other natyon; ye, and peradventure much bettur also. For though thes lawys wych I haue so praysyd be commyn among them, yet, bycause the nobylyte ther commynly dothe not exercyse them in the studys thereof, they be al applyd to lucur and gayne, bycause the popular men wych are borne in pouerty only doth exercyse them for the most parte, wych ys a grete ruyne of al gud ordur and cyuylyte. Wherefor, Master Lvpset, yf we myght bryng thys ij. thyngys to effecte—that ys to say, to haue the cyuyle law of the Romaynys to be the commyn law here of Englond with vs; and, secondary, that the nobylyte in theyr youth schold study commynly therin—I thynk we schold not nede to seke partycular remedys for such mysordurys as we haue notyd before; for surely thys same publyke dyscyplyne schold redresse them lyghtly; ye, and many other mow, the wych we spake not yet of at al.’

Lupset thereupon objects that, seeing we have so many years been governed by our own law, it will be hard to bring this reform to pass. Pole replies that the goodness of a prince would bring it to pass quickly: ‘the wych I pray God we may onys see.’

Pole and the reform of the land laws.

The Pole of the Dialogue wished to make the power to entail lands a privilege of the nobility. A project of this kind had been in the air: perhaps in King Henry’s mind. See Letters and Papers, Henry VIII., vol. IV., pt. 2, p. 2693 (A.D. 1529): ‘Draft bill … proposing to enact that from 1 Jan. next all entails be annulled and all possessions be held in fee simple.… The Act is not to affect the estates of noblemen within the degree of baron.’ This is one of the proposals for restoring the king’s feudal revenue which lead up to the Statute of Uses: an Act whose embryonic history has not yet been written, though Dr Stubbs has thrown out useful hints. (Seventeen Lectures, ed. 3, p. 321.)

Starkey’s legal studies.

When Pole left England in 1532 he went to Avignon where Alciato had lately been lecturing and became for a short while a pupil of Giovanni Francesco Ripa (Zimmermann, Kardinal Pole, 1893, p. 51), who was both canonist and legist. Whether at any time Pole made a serious study of the civil law I do not know. In 1534 Pole and Starkey were together at Padua; Pole was studying theology, Starkey the civil law. Starkey in a letter says ‘Francis Curtius is dead, to the grief of those who follow the doctrine of Bartholus.’ Perhaps we may infer from this that Starkey was in the camp of the Anti-Bartolists (Letters and Papers, Henry VIII., vol. VII., p. 331). In 1535 he says that he has been studying the civil law in order to form ‘a better judgment of the politic order and customs used in our country’ (Ibid. vol. VIII., p. 80).

The Reception in Germany.

Modern estimates of the Reception.

Public reading of the canon law forbidden.

Despite a doubt suggested by Stubbs (Seventeen Lectures, ed. 3, p. 368), I cannot believe that the slightest hint of a degree in canon law lurks at Cambridge in the title ‘Legum Doctor’ (LL.D.): not even ‘a shadowy presentment of the double honour.’ See E. C. Clark, Cambridge Legal Studies, 1888, pp. 56 ff., where that title is well explained. On the continent a settled usage contrasted the doctores legum and the doctores decretorum. See e.g. Stintzing, Geschichte der deutschen Rechtswissenschaft, vol. I., p. 25: ‘In Italien hatten die Legisten und Decretisten verschiedene Schulen gebildet. In Deutschland waren sie zwar zu einer Facultät vereinigt, bildeten jedoch lange Zeit zwei getrennte Abtheilungen, von denen jede ihre eigenen akademischen Grade ertheilte. Neben einander erscheinen die Doctores Legum und Doctores Decretorum, bis seit dem Anfang des 16. Jahrhunderts diese Scheidung schwindet und die Doctores utriusque iuris immer häufiger und endlich zur Regel werden.’

Sir T. Smith.

Smith and the new jurisprudence.

The Court of Requests.

Smith’s inaugural orations.

Diplomacy and the civil law.

There follows much more flattery of the king as a patron of learning of every kind. ‘Iuris quidem civilis consulti facultas in hac republica cum ad multos usus pernecessaria est, tum a principe nostro nequaquam negligi aut levem haberi, vel hoc argumento esse potest, quod tam amplo planeque regio stipendio et meam hic apud vos mediocritatem et alium Oxonii disertum ac doctum virum ius hoc civile praelegere profiterique voluit.’ And the study of the civil law is the high road to diplomatic service. ‘Ius vero civile sic est commune ut cum ex Anglia discesseris, nobiles, ignobiles, docti, indocti, sacerdotes etiam ac monachi cum aliquod specimen eruditionis videri volunt exhibuisse, nihil fere aliud perstrepunt quam quod ex hoc iure civili et pontificio sit depromptum.’

The rewards for civilians.

The king has wisely employed civilians in his many legations. There follow compliments paid to Stephen Gardiner, Thomas Thirlby, William Paget, Thomas Wriothesley, and Thomas Legh. On the whole, the professor can hold out to his pupils the prospect of diplomatic employment, of masterships in the chancery (‘sunt archiva Londini’), of practice in the ecclesiastical courts and the court of admiralty, and besides this they are to remember that the king is a great patron of learning. I do not see any hint that knowledge of Roman law will help a man at the bar of the ordinary English courts.

For more of the attempt to put new life into the study of Roman law at Cambridge, see Mullinger, op. cit., vol. II., pp. 132 ff. Though Somerset desired to see a great civil law college which should be a nursery for diplomatists, the Edwardian or Protestant Reformation of the church was in one way very unfavourable to the study of the civil law. Bishoprics and deaneries were thenceforth reserved for divines, and thus what had been the prizes of his profession were placed beyond the jurist’s reach. Dr Nicholas Wotton (d. 1567), dean of Canterbury and York, may be regarded as one of the last specimens of an expiring race. Men who were not professionally learned, men like Sir Francis Bryan (d. 1550) and Sir Thomas Wyatt (d. 1542), had begun to compete with the doctors for diplomatic missions and appointments. Also the chancellorship of the realm had come within the ambition of the common lawyer, and (though Bishop Goodrich may be one instance to the contrary) the policy which would commit the great seal to the hands of a prelate was the policy which would resist or reverse ecclesiastical innovations. Even the mastership of the rolls, which had been held by doctors of Padua and Bologna, fell to the common lawyers. Thomas Hannibal, master of the rolls (1523-1527), must, one would think, have been an Italian, as were the king’s Latin secretaries Andrea Ammonio and Pietro Vannes.

The heathenry of the Digest.

Wyclif on English and Roman law.

Wyclif and the law of the emperor.

Wyclif, Select English Works, ed. Arnold, vol. III., p. 326: ‘It were more profit boþe to body and soule þat oure curatis lerneden and tauȝten many of þe kyngis statutis, þan lawe of þe emperour. For oure peple is bounden to þe kyngis statutis and not to þe emperours lawe, but in as moche as it is enclosid in Goddis hestis. Þanne moche tresour and moch tyme of many hundrid clerkis in unyversite and oþere placis is foule wastid aboute bookis of þe emperours lawe and studie about hem.… It semeþ þat curatis schulden raþere lerne and teche þe kyngis statutis, and namely þe Grete Chartre, þan þe emperours lawe or myche part of the popis. For men in oure rewme ben bounden to obeche to þe kyng and his riȝtful lawes and not so to þe emperours; and þei myȝtten wonder wel be savyd, þouȝ many lawes of þe pope had nevere be spoken, in þis world ne þe toþere.’

Wyclif and paynim’s law.

Wyclif, Unprinted English Works, Early English Text Society, 1880, p. 157: ‘Þe fyue and twentiþe errour: þei chesen newe lawis maad of synful men and worldly and couetyse prestis and clerkis … for now heþenne mennus lawis and worldly clerkis statutis ben red in vnyuersitees, and curatis lernen hem faste wiþ grete desire, studie and cost.… Ibid. p. 184: … lawieris maken process bi sotilte and cauyllacions of lawe cyule, þat is moche heþene mennus lawe, and not accepten the forme of þe gospel, as ȝif þe gospel were no so good as paynymes lawe.’ It is interesting to see Janssen’s denunciation of Roman law as Pagan thus forestalled by the great heretic, in whose eyes the Decretals were but little, if at all, better than the Digest.

A. Agustin in England.

B. John Story.

Zasius and Luther.

The French lawyers and the Reformation.

Francis Hotman and England.

Francis Hotman and Roman law.

Coke and Hotman.

Polydore Virgil.

I have not found in Polydore Virgil’s History anything about Littleton. There is a passage however in lib. IX. (ed. Basil. 1556, p. 154) in which he denounces the unjust laws imposed by William the Conqueror and (so he says) still observed in his own day: ‘Non possum hoc loco non memorare rem tametsi omnibus notam, admiratione tamen longe dignissimam, atque dictu incredibilem: eiusmodi namque leges quae ab omnibus intelligi deberent, erant, ut etiam nunc sunt, Normanica lingua scriptae, quam neque Galli nec Angli recte callebant.’ Among the badges of Norman iniquity is trial by jury, which Polydore cannot find in the laws of Alfred. This Italian historiographer may well be speaking what was felt by many Englishmen in Henry VIII’s day when he holds up to scorn and detestation ‘illud terribile duodecim virorum iudicium.’ Fisher and More were tried by jury.

Alberigo Gentili.

Marsilianism and Henricianism.

The Scotch Protestants and Justinian.

The Henrician doctors of law.

‘The king’s great matter.’

That wonderful divorce cause, which shook the world, created a large demand for the sort of knowledge that the university-bred jurist was supposed to possess, especially as a great effort was made to obtain from foreign doctors and universities opinions favourable to the king. The famous Cambridge ‘Grecian’ Richard Croke was employed in ransacking Italian libraries for the works of Greek theologians and in taking council with Hebrew rabbis. In Italy, France and Spain, as well as in England, almost every canonist of distinction, from the celebrated Philip Decius downwards, must have made a little money out of that law suit, for the emperor also wanted opinions.

Papists in the Inns of Court.

Sir T. Smith’s ‘Commonwealth.’

Smith writes without books.

Roman law on the Continent.

Barbarous language of the law.

The fate of Duns Scotus.

The English Lex Regia.

Civilians in councils and in courts.

Project for a new court.

In 1534 there was a project for the erection of yet another new court. See Letters and Papers, Henry VIII., vol. VII., p. 603: ‘Draft act of parliament for the more rigid enforcement of previous statutes, appointing a new court, to consist of six discreet men, of whom three at least shall be outer barristers in the Inns of Court, who shall be called justices or conservators of the common weal and sit together in the White Hall at Westminster or elsewhere, with power to discuss all matters relating to the common weal and to call before them all persons who have violated any act of parliament made since the beginning of Henry VIII.’s reign.’ If only three of these judges need be barristers, what are the rest to be?

Reform of the Inns of Court.

The king’s College of Law.

The other paper contains a project for the king’s College of Law submitted by the same three writers. This looks like an attempt to obtain a royally endowed school of English law, and it is curious to observe that, not English, but good French is to take the place of bad French. ‘The inner barristers shall plead in Latine, and the other barristers reason in French; and either of them shall do what they can to banish the corruption of both tongues.’ One learned in French is ‘to teach the true pronuntiation of the French tongue.’ One of excellent knowledge in the Latin and Greek tongues is to read ‘some orator or book of rhetoric, or else some other author which treateth of the government of a commonwealth, openly to all the company.’ Students of this college are to be sent abroad to accompany ambassadors, and two students are to act as historiographers of the realm. Nothing is said of the civil law. On the whole, this seems to be a conservative proposal emanating from English barristers for bettering the education of the common lawyer, and thus rendering unnecessary such a Reception as Pole had proposed. We do not know that it represents Henry’s thoughts. It was ‘a civil law college’ that Somerset wished to establish at Cambridge by a fusion of Trinity Hall and Clare. (See Mullinger, Hist. Univ. Camb., vol. II., pp. 134-137.)

Butzer on Henry VIII’s project of Codification.

Butzer, as this treatise shows, had some knowledge of the civil law, at least in the matter of divorce. He seems to think that a code for England might be so simple an affair that it could be put into rhyme and be sung by children. (See Mullinger, Hist. Univ. Camb., vol. II., p. 238.)

Codification of the ecclesiastical law.

The demand for Codification.

The expiration of the Year Books.

Decline of law reports.

But, be all this as it may, the fact seems clear that the ancient practice of law reporting passed through a grave crisis in the sixteenth century. We know the reign of Edward IV and even that of Edward II better than we know that of Edward VI. The zeal with which Tottell from 1553 onwards was printing old reports makes the dearth of modern reports the more apparent. Then Plowden expressly says that he reported ‘for my private instruction only,’ and Dyer’s Reports (which comprise some cases too early to have been reported by him) were posthumously published. The total mass of matter from the first half of the century that we obtain under the names of Broke, Benloe, Dalison, Keilwey, Moore and Anderson is by no means large, and in many cases its quality will not bear comparison with that of the Year Books of Edward IV. (J. W. Wallace, The Reporters, ed. 4, Boston, 1882, is an invaluable guide; see also V. V. Veeder, The English Reports, in Harvard Law Review, vol. XV., p. 1.)

Burke on law reports.

The Students’ petition in 1547.

Incroachment of the civil law.

And for a more amplyfyeng and inlarging of the jurisdiction of the saide Courte of Chauncery and derogacion of the saide Comen Lawes there is of late a Commission made contrary to the saide Commen Lawes unto certaine persones, the more part whereof be Civilians nat learned in the saide Lawes of this realme, autorising them to heare and determyne all matters and cawses exhibited into the saide Courte of Chauncery, by occasion whereof the matters there do daily more and more increase, insomuch as very fewe matters be now depending at the Comen Lawes.… And by reason thereof there hath of late growne such a discourage unto the studentes of the saide Commen Lawes, and the said Commen Lawes have been of late so little estemed and had in experience, that fewe have or do regarde to take paynes of the profownde and sincere knolege of the same Lawe, by reason whereof there ar now very few, and it is to be doubted that within fewe yeares there shall nat be sufficient of lerned men within this realme to serve the king in that facultie. It therfore may please your honorable Lordships to make suche speady reformacion in the premisses as unto your Lordships shall seem moste mete and convenient.’

Civilians as judges.

This petition led to the disgrace and punishment of the chancellor, the Earl of Southampton (Wriothesley), for having issued a commission without warrant and without consulting his fellow-executors of King Henry’s will. With Somerset’s motives for thrusting Southampton aside we are not concerned. (See Pollard, England under the Protector Somerset, pp. 31-33.) That he had any desire to protect the common lawyers we must not assume; but the petition itself deserves attention. The commissioners to whom Southampton had delegated judicial powers were Robert Southwell (master of the rolls), John Tregonwell, John Oliver, and Anthony Bellasyse (masters of chancery). Tregonwell, Oliver and Bellasyse were all doctors of the civil law (Dict. Nat. Biog.).

Common law and the Pilgrimage of Grace.

In 1536 during the Pilgrimage of Grace one of the demands of the catholic insurgents was ‘that the common laws may have place as was used at the beginning of the reign and that no injunctions be granted unless the matter has been determined in chancery.’ This comes at the end of a long reactionary programme, which desires the restoration of the monasteries, of the papal supremacy and so forth: also the repeal of the statute ‘That no man shall not will his lands’ [Statute of Uses]. The heretical bishops [Cranmer and his like] are to be burnt; Cromwell is ‘to have condign punishment.’ Also ‘a man is to be saved by his book,’ i.e. there is to be no infringement of the benefit of clergy. The heresies to be suppressed are those of ‘Luther, Wyclif, Husse, Malangton, Elicampadus [Oecolampadius], Bucerus, Confessa Germaniae [Augsburg Confession], Apolugia Malanctons, the works of Tyndall, of Barnys, of Marshall, Raskell [Rastell, the printer of law books], Seynt Germayne [author of Doctor and Student] and such other heresies of Anibaptist.’ As I understand the protest against injunctions, it means that the chancery may interfere with an action at common law, only if that action is opening a question already decided in the chancery. It will be seen that in 1536 the cause of ‘the common laws’ finds itself in very queer company: illiterate, monkish and papistical company, which apparently has made a man of ‘Anibaptist.’ (For this important manifesto, see Letters and Papers, Henry VIII., vol. XI., pp. 506-507.)

Elbow-room in the courts of law.

Examination by civilians in criminal cases.

The doctors of law and the Peasants’ War.

England and Germany.

The Reception in Scotland.

A full history of the Reception in Scotland seems to be a desideratum. But see Goudy, Fate of Roman Law (Inaugural Lecture), 1894; also J. M. Irvine, Roman Law in Green’s Encyclopædia of the Law of Scotland. Whether at any time the Reception in Scotland ran the length that it ran in Germany may be doubted; but the influence exercised by English example since 1603 would deserve the historian’s consideration. Even if this influence went no further than the establishment of the habit of finding ‘authority’ in decided cases, it would be of great importance. Where such a habit is established in practice and sanctioned by theory, any return to the pure text, such as that which was preached in Germany by ‘the historical school,’ would be impossible. Also it may be suggested that the Roman law which played upon the law of Scotland in the seventeenth and eighteenth centuries was not always very Roman, but was strongly dashed with ‘Natural Law.’ For instance, if in Scotland the firm of partners is a ‘legal person,’ this is not due to the influence of Roman law as it is now understood by famous expositors, or as it was understood in the middle ages. Also (to take another example) it seems impossible to get the Scotch ‘trust’ out of Roman law by any fair process. The suggestion that it is ‘a contract made up of the two nominate contracts of deposit and mandate’ seems a desperate effort to romanize what is not Roman.

The persistence of Lombard law.

French law in the universities.

German law in the universities.

Professorships in America.

The Inns of Court.

Sir T. Smith and the Inns of Court.

Multiplication of English law books.

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?

The Court of Requests.

Cowell’s ‘Interpreter.’

Roman-Dutch law.

First Charter of Virginia.

First Assembly in Virginia.

The tenure of Maryland.

The tenure of Bombay.

The tenure of Prince Rupert’s land.

Kent and Blackstone.

Marshall and Blackstone.

Roman law in America.

Ihering and the litigious Englishman.

Codes in English Colonies.

German Civil Code.

Unity of law.

The school at Harvard.

CAMBRIDGE: PRINTED BY J. & C. F. CLAY, AT THE UNIVERSITY PRESS.