THE INFLUENCE

OF THE

ROMAN LAW

ON

THE LAW OF ENGLAND.

London: C. J. CLAY AND SON,

CAMBRIDGE UNIVERSITY PRESS WAREHOUSE, AVE MARIA LANE.

Cambridge: DEIGHTON, BELL, AND CO.

Leipzig: F. A. BROCKHAUS.

THE

INFLUENCE OF THE ROMAN LAW

ON THE

LAW OF ENGLAND.

BEING THE YORKE PRIZE ESSAY OF THE UNIVERSITY OF
CAMBRIDGE FOR THE YEAR 1884:

BY

THOMAS EDWARD SCRUTTON,

M.A. LL.B. (LOND.), B.A, LL.B. (CAMB.): BARRISTER AT LAW; PROFESSOR OF
CONSTITUTIONAL LAW AND HISTORY IN, AND FELLOW OF, UNIVERSITY COLLEGE,
LONDON: LATE SCHOLAR OF TRINITY COLLEGE, CAMBRIDGE: AUTHOR OF
66 THE LAWS OF COPYRIGHT," BEING THE YORKE PRIZE ESSAY

FOR 1882.

"Tu regere imperio populos, Romane, memento."

VERG. Aen. vi.

CAMBRIDGE:

AT THE UNIVERSITY PRESS.

TO

SIR ALFRED WILLS,

ONE OF THE JUDGES OF THE QUEEN'S BENCH DIVISION OF

HER MAJESTY'S HIGH COURT OF JUSTICE,

THIS WORK IS DEDICATED,

BOTH TO A JUDGE LEARNED IN OUR LAW

AND ITS HISTORY,

AND IN GRATITUDE FOR HIS KINDNESS TO

THE AUTHOR.