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Updated: June 9, 2025
As for law, this is the great period of the foundation of scientific law development; the English common law was formulated by Bracton, the deep foundations of basic French and Spanish law were laid, and canon law acquired a definite scientific character which it was always to retain. All this was accomplished almost entirely by the professors in the law departments of the universities.
And the attorney waved his long hand a little, and smiled almost compassionately; and the little alteration was made, and henceforward he spoke of Sir Mulgrave as not quite a pleasant man to deal with in money matters; and his confidential friends knew that in a transaction in which he had paid money out of his own pocket for Sir Mulgrave he had never got back more than seven and sixpence in the pound; and, what made it worse, it was a matter connected with the death of poor Lady Bracton!
Lord Holt's famous opinion in the latter case quotes largely from the Roman law as it filtered to him through Bracton; but, whatever influence that may have had upon his general views, the point decided and the distinctions touching common carriers were of English growth. The action did not sound in contract.
The benefit of a warranty was confined to those who, by the act and consent of the grantee, succeeded to his place. It did not pass to assigns unless assigns were mentioned. Bracton supposes grants of easements with or without mention of assigns, which looks as if he thought the difference might be material with regard to easements also.
As late as Bracton, two centuries after the Norman conquest, the heir was not the successor to lands alone, but represented his ancestor in a much more general sense, as will be seen directly. The office of executor, in the sense of heir, was unknown to the Anglo-Saxons, /2/ and even in Bracton's time does not seem to have been what it has since become.
'You knew quite well last night there was to be this wicked duel in the morning and you a magistrate a lord-lieutenant what are you? you connived at this bloody conspiracy and he your own cousin, Chelford your cousin! Chelford looked at her, very much amazed. 'Yes; you are worse than Sir Harry Bracton for you're no fool; and worse than that wicked old man.
Bracton had already laid down the doctrine that no prescription can avail against the rights of the crown, and it was a commonplace with the lawyers of the age that nothing less than a clear grant by royal charter could justify such delegation of the sovereign's powers into private hands. Within a few months of his landing, Edward sent out commissioners to inquire into the baronial immunities.
The 20th Henry III., cap. 2 and 4, was passed to secure the rights of FREEMEN, who were disturbed by the great lords, and gave them an appeal to the king's courts of assize. Bracton, an eminent lawyer who wrote in the time of Henry III., says: "The king hath superiors viz., God and the law by which he is made king; also his court viz., his earls and barons.
It was anciently punished with death, as it has been latterly. LI Ælfrid. 31. and 25 H. 8. c. 6. see Beccaria, § 31. Montesq. Bracton, Fleta, &c.
But at all events the identification of heir and ancestor still approached the nature of a universal succession in the time of Bracton, as is shown by another statement of his. He asks if the testator can bequeath his rights of action, and answers, No, so far as concerns debts not proved and recovered in the testator's life.
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