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''Fleta'' is a treatise on the
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
of England. It was written in
Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
with the sub-title ''seu Commentarius juris Anglicani''. The anonymous author of the book is sometimes referred to as "Fleta", although this is not in fact a person's name. The book acquired its common title because its preface contains a remark that it could be called "''Fleta''" as it was written in "Fleta": however, the meaning of this comment is unclear (see Authorship below). From internal evidence, the work appears to have been written in the reign of
Edward I Edward I (17/18 June 1239 – 7 July 1307), also known as Edward Longshanks and the Hammer of the Scots, was King of England and Lord of Ireland from 1272 to 1307. Concurrently, he ruled the duchies of Aquitaine and Gascony as a vassal o ...
, and to have been completed shortly after the year 1290.


Authority

This book is one of those listed by Blackstone as being authoritative statements of the law at the time at which they were written.
Edward Coke Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Sa ...
cites Fleta as authority in his ''Institutes'' in a number of places. The article on ''Fleta'' in the ''Encyclopædia Britannica'' Eleventh Edition says that it "is for the most part a poor imitation of" ''
De Legibus et Consuetudinibus Angliae Henry of Bracton, also Henry de Bracton, also Henricus Bracton, or Henry Bratton also Henry Bretton (c. 1210 – c. 1268) was an English cleric and jurist. He is famous now for his writings on law, particularly ''De legibus et consuetudinibus ...
'' by Henry de Bracton. O. Hood Phillips described it as an "epitome of" that book. G. O. Sayles was able to show that the author of ''Fleta'' had a copy of Bracton to hand, but that (like other copies) it was defective in places, and that he was obliged to make many additions and improvements of his own. The ''
Oxford Dictionary of National Biography The ''Dictionary of National Biography'' (''DNB'') is a standard work of reference on notable figures from British history, published since 1885. The updated ''Oxford Dictionary of National Biography'' (''ODNB'') was published on 23 September ...
'' describes ''Fleta'' as "updating and abridging" Bracton.Seipp 2004.


Manuscript copies

One complete
manuscript A manuscript (abbreviated MS for singular and MSS for plural) was, traditionally, any document written by hand – or, once practical typewriters became available, typewritten – as opposed to mechanically printing, printed or repr ...
copy of this book survives from the fourteenth century. It is held by the
British Library The British Library is the national library of the United Kingdom and is one of the largest libraries in the world. It is estimated to contain between 170 and 200 million items from many countries. As a legal deposit library, the British ...
where its reference is BL,
Cotton Cotton is a soft, fluffy staple fiber that grows in a boll, or protective case, around the seeds of the cotton plants of the genus ''Gossypium'' in the mallow family Malvaceae. The fiber is almost pure cellulose, and can contain minor perce ...
MS Julius B.viii. A few passages of this book also survive in another manuscript. This is also held by the British Library, where its reference is BL,
Cotton Cotton is a soft, fluffy staple fiber that grows in a boll, or protective case, around the seeds of the cotton plants of the genus ''Gossypium'' in the mallow family Malvaceae. The fiber is almost pure cellulose, and can contain minor perce ...
MS Nero D.vi.


Circulation

Because few copies survive, it is thought that this book was "not widely read by medieval lawyers."


Authorship

It has often been assumed that the statement that the book was "written in ''Fleta''" means that it was written during the author's confinement in the Fleet prison. It has been conjectured that the author was one of those judges who were imprisoned for malpractices by Edward I.
Noël Denholm-Young Noël Denholm-Young (5 January 1904 – 30 June 1975) was an English historian. He was a Fellow and archivist of Magdalen College, Oxford specialising in the political history of late medieval England. He worked as keeper of Western manuscripts at ...
and Paul Brand have proposed as an alternative candidate one Matthew of the Exchequer, a
yeoman Yeoman is a noun originally referring either to one who owns and cultivates land or to the middle ranks of servants in an English royal or noble household. The term was first documented in mid-14th-century England. The 14th century also witn ...
of the royal household and lawyer, who was convicted of forgery in 1290 and committed to the Fleet for two years. However, the element "fleet" (meaning both "swift" and "a watercourse") is also found in other place names in England; or the name might simply refer to the swiftness or brevity of the treatise itself.


Editions

The first printed edition of ''Fleta'' was published by John Selden in 1647. It included a dissertation written by Selden, the title of which is "Joannis Seldeni ad Fletam dissertatio". A second edition was published, with corrections, in 1685. A new edition of the first of the six books of ''Fleta'' was published in 1735, edited by Thomas Clarke, a future Master of the Rolls: however, he published no more. The next edition appeared in France in 1776, edited by
David Hoüard David (; , "beloved one") (traditional spelling), , ''Dāwūd''; grc-koi, Δαυΐδ, Dauíd; la, Davidus, David; gez , ዳዊት, ''Dawit''; xcl, Դաւիթ, ''Dawitʿ''; cu, Давíдъ, ''Davidŭ''; possibly meaning "beloved one". w ...
: this was based on the previous printed editions, and was abridged in places. All these editions are regarded, for various reasons, as imperfect. The standard modern edition (with English translation) was edited by H. G. Richardson and G. O. Sayles, and published in three volumes, covering books 1-6, by the
Selden Society The Selden Society is a learned society and registered charity concerned with the study of English legal history. It functions primarily as a text publication society, but also undertakes other activities to promote scholarship within its sphere ...
between 1955 and 1984. A projected fourth volume, intended to include editorial apparatus (notes and indexes), never appeared: this would have been nominally volume 1, and so the three published volumes are numbered 2–4. Volume 4 does include a 17-page "Introduction" by Sayles, which represents the fullest synopsis of scholarly knowledge about the work to date.


Derivative book

The book known as '' Britton'' was based on this book.Sayles 1984, p. xxv.


See also

*
Books of authority Books of authority is a term used by legal writers to refer to a number of early legal textbooks that are excepted from the rule that textbooks (and all books other than statute or law report) are not treated as authorities by the courts of England ...


Notes


References

* * ;Modern edition * * *{{cite book , editor-first=G. O. , editor-last=Sayles , editor-link=G. O. Sayles , title=Fleta: Volume IV (Book V and Book VI) , publisher=
Selden Society The Selden Society is a learned society and registered charity concerned with the study of English legal history. It functions primarily as a text publication society, but also undertakes other activities to promote scholarship within its sphere ...
, series=Selden Society , volume=99 , year=1984 , place=London English law Works of unknown authorship Legal treatises