Erster

652. GUNDERMANN, J. I. Englisches Privatrecht. Theil Die common law. [Second title-page: Besitz und Eigenthum in England.] Tübingen, 1864.

Sources of the common law, 1–136. | Possession and ownership, 137-317. Legal procedure (the assizes), 318-497.

653. [HALE, MATTHEW.] The history of the common law of England. London, 1713. 6th edition, with notes by Charles Runnington, 2 pts., 1820.

A posthumous and fragmentary work.

654. HOLMES, O. W. The common law. Boston, 1881; London, 1882.

A valuable account of some of the great formative ideas of English law.

655. JENKS, EDWARD. Law and politics in the middle ages. London, 1898.

Contains a valuable account of the origin of various institutions and legal ideas the state, the village, hundred, shire, courts of justice, property, and con

tract.

656. MAINE, H. S. Ancient law. London, 1861. 10th edition, 1885; new edition, 1890.

Contains a valuable comparison of English and Roman law, etc. In this work, as also in his Early History of Institutions, London, 1875, and in his Early Law and Custom, London, 1883, Maine connects certain modern institutions with the usages of primitive mankind. His works are valuable for the study of the comparative history of institutions, though some of his theories are untenable.

657. *POLLOCK, FREDERICK, and MAITLAND, F. W. The history of the English law before the time of Edward I. 2 vols. Cambridge,

1895. 2nd edition, 1898.

Very valuable for the study of English institutions, especially for the period 1066-1272. It is supplemented by Maitland's Domesday Book (No. 1493), which deals mainly with Anglo-Saxon times. Maitland's Prologue to a History of English Law, in Law Quarterly Review, 1898, xiv. 13-33, is incorporated in the 2nd edition of the History of the English Law.

658. REEVES, JOHN. A history of the English law [to 1509]. 2 vols. London, 1783-84. 2nd edition [to 1558], 4 vols., 1787; 3rd edition, 1814. Vol. v., reign of Elizabeth, 1829. - New edition [of the whole work], by W. F. Finlason, 3 vols., 1869.

For the period from Edward I. to Elizabeth this still remains the most useful general history of English law. Finlason's attempt to modernise the treatise was a failure, and his edition cannot be recommended.

659. SALMOND, J. W. Essays in jurisprudence and legal history. London, 1891.

Ch. i. History of the law of evidence.
Ch. ii. History of law of prescription.

A scholarly work.

Ch. iii. Principles of civil liability.
Ch. iv. History of the law of contract.

660. SCRUTTON. T. E. The influence of the Roman law on the law of England. Cambridge, 1885.

For a brief account of the same subject, see F. C. von Savigny, Geschichte des Römischen Rechts im Mittelalter (2nd edition, 7 vols., Heidelberg, 183451), chs. x. and xxxvi. ; and Max Conrat, Geschichte der Quellen des Römischen Rechts im Mittelalter (Leipsic, 1891), vol. i. ch. vi. Scrutton and Conrat reject Savigny's view that the Roman law influenced the Anglo-Saxon dooms. The history of the Roman law in England is also examined in detail in Selden's Dissertatio ad Fletam (No. 1872), chs. iii.-x. For the Roman law in England after 1066, see § 71 c.

§ 18. THE CROWN, PARLIAMENT, AND

TAXATION.

The best general history of parliament is Gneist's, and the best treatise on taxation is Dowell's. But neither work is satisfactory for the medieval period; on both subjects there is still plenty of room for further investigation. Of books dealing with the crown the most useful is Allen's.

661. ALLEN, JOHN. Inquiry into the rise and progress of the royal prerogative in England. London, 1830. New edition, 1849.

662. BAILEY, ALFRED. The succession to the English crown. London, 1879.

663. BIRCH, W. DE GRAY. Index of the styles and titles of sovereigns of England. Index Soc., First Report, 49-72. London, 1879.

664. BRAY, WILLIAM. An account of the obsolete office of purveyor to the king's household. Soc. of Antiq. of London, Archæologia, viii. 329-62. London, 1787.

665. Collections relative to claims at the coronations of several of the kings of England, beginning with Richard II. London, 1820; reprinted, 1838. pp. 96.

666. DOWELL, STEPHEN. A history of taxation and taxes in England. 4 vols. London, 1884. 2nd edition, 1888.

This has superseded his Sketch of the History of Taxes, vol. i., London, 1876; and older works on the same subject, like John Sinclair's History of the Public Revenue, 3 vols., 1785-90 (3rd edition, 1803-4).

667. FIGGIS, J. N. The theory of the divine right of kings. Cambridge, 1896.

668. GNEIST, RUDOLF. Das englische Parlament in tausendjährigen Wandelungen. Berlin, 1886; 2nd edition, 1886. Translated by R. J. Shee: The English parliament in its transformations through a thousand years. London, 1886; 4th edition, 1895. — Translated by A. H. Keane: The student's history of the English parliament. London, 1887; 3rd edition, 1889.

See No. 639.

669. GUIZOT, F. P. G. Histoire des origines du gouvernement représentatif en Europe. 2 vols. Paris, 1851. Translated by A. R. Scoble History of the origin of representative government. London, 1852.

About one half of the work is devoted to England.

670. HALL, HUBERT. 185-90. London, 1888.

The king's peace.

Antiquary, xviii.

671. HOWARD, G. E. On the development of the king's peace and the English local peace magistracy. [Reprinted from the Nebraska University Studies, vol. i.] Lincoln, Nebraska, 1890. pp. 65.

672. JONES, WILLIAM. Crowns and coronations: a history of regalia. London, 1883.

673. OLDFIELD, T. H. B. The representative history of Great Britain and Ireland. 6 vols. London, 1816.

This work is now of little value.

674. POLLOCK, FREDERICK. Oxford lectures. London, 1890. Ch. iii. The king's peace.

675. Silver, ThOMAS. The coronation service or consecration of the Anglo-Saxon [and later] kings, as it illustrates the origin of the constitution. Oxford, 1831.

676. SMITH, G. B. History of the English parliament, with an account of the parliaments of Scotland and Ireland. 2 vols. London, etc., 1892.

A useful compilation.

677. STEVENS, JOHN. The royal treasury of England, or an historical account of all taxes. London, 1725. - 2nd edition: An historical account of all taxes. London, 1733

The references to the sources in this work are useful. The first edition was ublished anonymously.

678. TAYLOR, ARTHUR. The glory of regality: a treatise on the anointing and crowning of the kings and queens of England. London, 1820.

The best book on this subject. On the coronation service, see also Maskell, Monumenta Ritualia (No. 623), vol. ii. ; and No. 2216.

$ 19. THE FORESTS.

The standard treatise on this subject is Manwood's. The best account of the early history of the forests to 1217 is Liebermann's. Some useful material will be found in Bémont's Chartes des Libertés (No. 2013), introd.; Ellis's Introduction to Domesday Book (No. 1886), 103-16; Pearson's Historical Maps (No. 366), 49-53; and Turton's Forest of Pickering (No. 2733), introd. For the history of particular forests, see § 24; Fisher's Forest of Essex and Rawle's Forest of Exmoor (Nos. 900, 1077) are the most valuable.

679. BROWN, J. C. The forests of England and the management of them in bye-gone times. Edinburgh, etc., 1883.

Displays little research.

680. FAIDER, AMÉDÉE. Histoire du droit de chasse en Belgique, en France, en Angleterre, etc. Académie Royale de Belgique, Mémoires, vol. xxvii. Brussels, 1877.

An elaborate work, but the part relating to England is based mainly on Blackstone's Commentaries.

681. LEWIS, PERCIVAL. Historical inquiries concerning forests and forest laws, with remarks upon the New Forest. London, 1811. His general history of the forests is based mainly on Manwood (No. 683).

H

682. *LIEBERMANN, FELIX. Ueber Pseudo-Cnuts constitutiones de foresta. Halle, 1894.

The best account of forest history to 1217. The author shows that the Constitutiones were compiled about 1184. See No. 1408.

683. **MANWOOD, JOHN. A treatise and discourse of the laws of the forest. London, 1598. 4th edition, 1717; 5th edition [the same as the 4th, with a new title-page], 1744.

For his Collection of Forest Laws, see No. 2022.

684. Reports of the commissioners appointed to inquire into the state and condition of the woods, forests, and land revenues of the 17 reports, printed in the Journals of the House of Commons, 1787-93, vols. xlii.-xlviii. [London, 1787-93.]

crown.

Contains perambulations of the forests, temp. Edw. I.: Dean, xliii. 586–7; New Forest, xliv. 574-5; Aliceholt and Woolmer, xlv. 136-7; Salcey, xlvi. 106; Whittlewood and Bere, xlvii. 153-4, 1038; Sherwood, xlviii. 476–7.

685. VERHAEGEN, G.

Brussels, etc., 1873.

Recherches sur le droit de chasse.

Angleterre, 157-75. Not valuable.

$ 20. JUSTICE AND POLICE.

The most comprehensive treatises are those of Pike and Stephen. Brunner and Thayer are the best authorities on the history of the jury; for the literature of this subject, see Brunner, 1–11. Lea gives a detailed account of the older forms of trial; Neilson's Trial by Combat and Patetta's Ordalie are also valuable. For the development of the king's peace, see Nos. 670, 671, 674.

686. BRUNNER, HEINRICH.

gerichte.

Berlin, 1871.

Die Entstehung der Schwur

An epoch-making treatise. Brunner demonstrated the Frankish origin of the jury. Among other continental works on this subject the best is F. A. Biener's Das Englische Geschwornengericht, 3 vols., Leipsic, 1852-55; see Brunner, 1-9.

687. CHERRY, R. R. Lectures on the growth of criminal law in ancient communities. London, etc., 1890.

Ch. i. Primitive custom as to crimes. Chs. v. vi. Early English penal and Ch. ii. Ancient Irish law. criminal law.

A brief account.