Henry de Bracton

Background

Little is known of the early life of Henry of Bratton (Henricus de Brattona or Bractona).

His exact birth date is unknown but it is believed that he was born during King John's reign, ca. 1210, in England.

Education

He is said to have attended the University of Oxford as a youth where he received a doctor's degree in civil and cannon law.

Career

Bracton was made an itinerant judge in 1245 and from 1247 to 1250 he was an English judge of the Coram Rege ("Before the Monarch"). He held this position again from 1253 to 1257. He retired in 1257 but continued to serve on judicial commissions.

Bracton is credited with producing a long treatise on English jurisprudence, De Legibus et Consuetudinibus Angliae, "On the Laws and Customs of England. "

Written in Latin, it is considered one of the oldest systematic dissertations on English common law. The substance of the piece was drawn from English law courts, while its form was from Roman law. De legibus was an immediate success and became the forerunner to numerous other legal dissertations. The treatise was frequently used by the likes of Sir Edward Coke when preparing legal arguments against the monarchy during the civil war.

It is often referred to as the most important work on English law prior to that of Sir William Blackstone in the eighteenth century. The piece was never thoroughly completed and there is doubt about Bracton's part in writing it. The work, however, maintained its high position as the reference work of English Law for centuries. The first printed edition of De legibus appeared in a 1569 folio and was reprinted in quarto in 1640. Sir Travers Twiss issued a six-volume translation of the entire work from 1878 to 1883. A manuscript collection called the Notebook, of approximately 2, 000 English law cases, evidently written by Bracton, was discovered in 1884.

Achievements

• Henry de Bracton is famous for his writings on law, particularly De Legibus et Consuetudinibus Angliae ("On the Laws and Customs of England") and his ideas on mens rea, or criminal intent.

Works

More photos

• book

  • De Legibus Et Consuetudinibus Angliæ, Vol. 1 (Classic Reprint)
  • Bracton's Note Book: A Collection of Cases Decided in the King's Courts during the Reign of Henry the Third (Cambridge Library Collection - Medieval History) (Latin Edition)
  • Bracton's Note Book, Vol. 2: A Collection Of Cases Decided in The King's Courts During The Reign Of Henry The Third, Annotated By a Lawyer Of That Time; Text (Classic Reprint) (Latin Edition)
  • Select Passages From The Works Of Bracton And Azo (1895)

Politics

He also wrote on kingship, arguing that a ruler should be called king only if he obtained and exercised power in a lawful manner.

Views

According to Bracton, it was only through the examination of a combination of action and intention that the commission of a criminal act could be established. He also wrote on kingship, arguing that a ruler should be called king only if he obtained and exercised power in a lawful manner.

In his writings, Bracton manages coherently to set out the law of the royal courts through his use of categories drawn from Roman law, thus incorporating into English law several developments of medieval Roman law. He indicated difficulties in defining jurisdiction, as well as recalcitrance on the part of Church officials to partake in civil and common law matters outside the Church court structure.

References

• Bracton