The Influence of the Roman Law on the Law of England

The extent of Roman influence on English common law, long a keenly debated topic, was subjected to careful scrutiny during the establishment of modern English legal historiography in the late 1800s. Scrutton's revisionist essay, a path-breaking work that won Cambridge University's prestigious Yorke Prize, evaluates and mostly discredits the work of his predecessors, most notably Finlason, Coote and Seebohm. In its place he offers a history from the Saxon period to his day guided by a close reading of sources. Scrutton believed that Roman law was a minor influence until it was introduced to Oxford by Vacarius. It became considerable after that watershed event, an argument he advances through a close reading of Glanville and a book-by-book demonstration of Azo's influence on Bracton. Reprint of the sole edition.
"[Scrutton] has written what we believe to be the best essay on this subject.... It will be a useful guide to the authorities for any who are investigating the history of our law, while the author's own opinions are for the most part sound and sober, and are clearly and modestly stated." --Law Quarterly Review 2 (1886) 96
Thomas Edward Scrutton [1856-1934] was an English jurist and writer. After a career in commercial law he became a judge of the King's Bench Division and of the Court of Appeal. He wrote the still standard The Contract of Affreightment as Expressed in Charterparties and Bills of Lading (1886) and an important treatise on English copyright law, The Law of Copyright (1883).
CONTENTS
INTRODUCTION
PART I. ROMAN INFLUENCES OF ENGLISH LAW BEFORE THE COMING OF VACARIUS
CHAPTER I. The Sources of the Roman Law
CHAPTER II. The Claims of the Roman Law
CHAPTER III. Roman Law in the Early Land Law
Mr Seebohm's Manorial Theory
CHAPTER IV. Roman Law in the Early Family Law
CHAPTER V. Roman Law in Early Procedure
CHAPTER VI. Roman Law in the Early Constitution
Part I. Shires and Hundreds
Part II. Towns and Gilds
CHAPTER VII. Roman Law and the Norman Conquest
CHAPTER VIII. Summary

PART II.
ROMAN INFLUENCES IN ENGLISH LAW AFTER THE COMING OF VACARIUS
CHAPTER I. The Introduction of the Roman Law
CHAPTER II. Roman Law in Glanvil
CHAPTER III. Roman Law in Bracton
Bracton's First Book: on Persons
Bracton's Second Book: on Property
Bracton's Third Book: on Contracts and Actions
Criminal Law
Remainder of Bracton
Results
CHAPTER IV. Roman Law in Britton and Fleta
CHAPTER V. Roman Law from Fleta to Coke.
CHAPTER VI. Roman Law in Coke
CHAPTER VII. Authority of Bracton since Coke
CHAPTER VIII. Roman Law; its authority in Hale and Blackstone
CHAPTER IX. Roman Law in Blackstone
CHAPTER X. Summary of Roman Law in Text-writers
CHAPTER XI. Roman Law in the Chancery
CHAPTER XII. Roman Law in the Ecclesiastical Courts
CHAPTER XIII. Roman Law in the Admiralty
CHAPTER XIV. Roman Law in the Law Merchant
CHAPTER XV. Roman Law in the Common Law
Conclusion
Index