Books of authority is a term used by legal writers to refer to a number of early legal

textbook A textbook is a book containing a comprehensive compilation of content in a branch of study with the intention of explaining it. Textbooks are produced to meet the needs of educators, usually at educational institutions, but also of learners ( ...

s that are excepted from the rule that textbooks (and all books other than

statute A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...

law report A or is a compilation of Legal opinion, judicial opinions from a selection of case law decided by courts. These reports serve as published records of judicial decisions that are cited by lawyers and judges for their use as precedent in subsequ ...

) are not treated as authorities by the courts of

England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...

and other

common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

jurisdictions. These books are treated by the courts as authoritative statements of the law as it was at the time at which they were written, on the authority of their authors alone. Consequently, they are treated as authoritative statements of the law as it is at the present time, unless it is shown that the law has changed, and may be cited and relied on in court as such. The statements made in these books are presumed to be evidence of judicial decisions which are no longer

extant Extant or Least-concern species, least concern is the opposite of the word extinct. It may refer to: * Extant hereditary titles * Extant literature, surviving literature, such as ''Beowulf'', the oldest extant manuscript written in English * Exta ...

. The primary reason for this practice is the difficulty associated with ascertaining the law of the medieval and early modern periods. On the subject of this practice,

William Blackstone Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, Justice (title), justice, and Tory (British political party), Tory politician most noted for his ''Commentaries on the Laws of England'', which became the best-k ...

said:

Abridgements of the year books

Fitzherbert

*La Graunde Abridgement (1514) by

Anthony Fitzherbert Sir Anthony Fitzherbert (147027 May 1538) was an English judge, scholar and legal author, particularly known for his treatise on English law, ''New Natura Brevium'' (1534). Biography Fitzherbert was the sixth son of Ralph Fitzherbert of Norbur ...

Brooke

*La Graunde Abridgement (1568) by Robert Broke.

Statham

*Epitome Annalium Librorum tempore Henrici Sexti () by

Nicholas Statham Nicholas Statham (fl. 1467) was an English lawyer, known as a legal writer. Life He is stated to have been born at Morley, Derbyshire. He was reader of Lincoln's Inn in Lent term 1471. On 30 October 1467 he received a patent for the reversion a ...

Anonymous

*The author of the ''Abridgement of the Book of Assizes'' () is unknown. This book is sometimes called '' Liber Assisarum'', after the Year Book from which some of its cases are abridged.

Treatises, commentaries and institutes

On the common law

Glanvill

* ''Tractatus de Legibus et Consuetudinibus regni Angliae''. (''Treatise on the Laws and Customs of the Realm of England''). (). Attributed to

Ranulf de Glanvill Ranulf de Glanvill (''alias'' Glanvil, Glanville, Granville, etc., died 1190) was Chief Justiciar of England during the reign of King Henry II (1154–89) and was the probable author of '' Tractatus de legibus et consuetudinibus regni Anglie ...

; possibly the work of

Hubert Walter Hubert Walter ( – 13 July 1205) was an influential royal adviser in the late twelfth and early thirteenth centuries in the positions of Chief Justiciar of England, Archbishop of Canterbury, and Lord Chancellor. As chancellor, Walter be ...

Bracton

*''De Legibus et Consuetudinibus Angliae'' (''On the Laws and Customs of England'') () by

Henry de Bracton Henry of Bracton (c. 1210 – c. 1268), also known as Henry de Bracton, Henricus Bracton, Henry Bratton, and Henry Bretton, was an English cleric and jurist. He is famous now for his writings on law, particularly ''De legibus et consuetudinib ...

Britton

* ''Summa de Legibus Anglie que Vocatur Bretone'' (''Britton''). (late 13th century).

Fleta

* ''Fleta seu Commentarius Juris Anglicani'' (''Fleta''). (ca. 1290).

Hengham

Traditionally, Ralph de Hengham was believed to be a prolific author of

procedural

treatises A treatise is a Formality, formal and systematic written discourse on some subject concerned with investigating or exposing the main principles of the subject and its conclusions."mwod:treatise, Treatise." Merriam-Webster Online Dictionary. Acc ...

, and numerous works were attributed to him. These included not only the eponymous ''Hengham parva'' and ''Hengham magna'', but also "Cum sit necessarium", "Exceptiones ad Cassandum Brevia", "Fet Asaver", "Judicium Essoniorum", and "Modus Componendi Brevia", among others. More recent scholarly

analysis Analysis (: analyses) is the process of breaking a complex topic or substance into smaller parts in order to gain a better understanding of it. The technique has been applied in the study of mathematics and logic since before Aristotle (38 ...

, however, reveals that only the ''Parva'' (a set of lectures directed towards junior-level law students) is conclusively his. Hengham may also have written two consultations.Brand, Paul. (1979). Quo Waranto. Law in the Reign of Edward I: A Hitherto Undiscovered Opinion of Chief Justice Hengham. "Irish Jurist" new ser., 14. 124-172.

Littleton

*''Treatise on Tenures'' (1481) by

Thomas de Littleton Sir Thomas de Littleton or de Lyttleton Order of the Bath, KB Serjeant-at-law, SL(c. 1407–23 August 1481) was an English judge, undersheriff, Lord of Tixall Gatehouse, Tixall Manor, and legal writer from the Lyttelton family. He was also ma ...

Staunford

*'' Plees del Coron'' (''Pleas of the Crown'') (1557) by William Staunford

Fitzherbert

*''

La Novelle Natura Brevium ''La Novelle Natura Brevium'' (1534) was a treatise on English law by Anthony Fitzherbert. It is often cited in judgments today across the common law world, and represents an important tract on the rules of common law in the 16th century. *On ...

'' (''New Natura Brevium'') (1534) by

Coke

*''

Institutes of the Lawes of England The ''Institutes of the Lawes of England'' are a series of legal treatises written by Sir Edward Coke. They were first published, in stages, between 1628 and 1644. Widely recognized as a foundational document of the common law, they have been cit ...

'' (1628-1644) by Sir

Edward Coke Sir Edward Coke ( , formerly ; 1 February 1552 – 3 September 1634) was an English barrister, judge, and politician. He is often considered the greatest jurist of the Elizabethan era, Elizabethan and Jacobean era, Jacobean eras. Born into a ...

Hale

*''

Historia Placitorum Coronæ ''Historia Placitorum Coronæ'' or ''The History of the Pleas of the Crown'' is an influential treatise on the criminal law of England, written by Matthew Hale (jurist), Sir Matthew Hale and published posthumously with notes by Sollom Emlyn by ...

'' (''The History of the Pleas of the Crown'') (1736) by Matthew Hale.

Hawkins

* ''Treatise on Pleas of the Crown'' (1716) by William Hawkins.

Foster

* ''Crown Law'' (1762) by Michael Foster.

Blackstone

*''

Commentaries on the Laws of England The ''Commentaries on the Laws of England'' (commonly, but informally known as ''Blackstone's Commentaries'') are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarend ...

'' (1765-1769) by

On equity

*'' Doctor and Student'' (1528) by

Christopher St. Germain Christopher St. Germain (1460–1540) was an English lawyer, legal writer, and Protestant polemicist. Biography Christopher St. Germain was born in 1460 to Sir Henry and Anne St. Germain of Shilton, Warwickshire. In 1528, St. Germain publ ...

On canon law

*''Provinciale'' (1430) by William Lyndwood

On the law merchant

*''Lex Mercatoria'' (1622) by Gerard de Malynes

References

* O. Hood Phillips, ''

A First Book of English Law ''A First Book of English Law'' is a book originally written by Owen Hood Phillips and subsequently edited by him and Anthony Hugh Hudson. It was published by Sweet and Maxwell. F.R. Crane praised it for its "lucidity, accuracy, brevity and rea ...

'',

Sweet and Maxwell Sweet & Maxwell is a British publisher specialising in legal publications. It joined the Associated Book Publishers in 1969; ABP was purchased by the International Thomson Organization in 1987, and is now part of Thomson Reuters. Its Britis ...

, 4th ed., 1960, chapter 14, pp. 186 – 203

External links

*Rutgers University
Books of authority
{{DEFAULTSORT:Books Of Authority Law books Legal terminology