Henry de Bracton ( born Henry de Bracton, Henrici Bracton ; circa 1210 - 1268 , Exeter ) - an English priest, a royal judge, a systematizer of English common law of the 13th century .
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Biography
He was probably educated at the school at Exeter Cathedral , and then enlisted in the service of the famous judge William Rayleigh. He was a lawyer and judicial officer.
When the latter became Bishop of Norwich in 1239, Brackton was transferred to royal service, in 1245 he was appointed royal traveling judge and administer justice in the southwestern counties in Somerset , Devon and Cornwall (1248–1268) and in the newly formed Royal Bench Court (1249-1257).
One of the first researchers of English law. Defender of the privileges of the feudal aristocracy .
About 1256, based on court practice, Braxton wrote a treatise On the Laws and Customs of England ( De Legibus et Consuetudinibus Angliae , composed mainly between 1250-1256), outlined in it a system of English common law .
This composition was popular, since about 50 of his lists were preserved, which did not completely coincide with the original work. In it, Brackton tried to systematize common law ; he also strove to raise the significance of case law , although, in his opinion, the precedence of the precedent is more intellectual than legal in nature. In his work, Brackton also discussed some of the premises of medieval rule. In particular, royal power, he wrote, is of a dual nature. On the one hand, it presupposes gubernaculum , complete and complete power, unconditional and indivisible. On the other hand, royal authority implies iurisdictio : it pays tribute to everyone according to their laws and customs, which can be introduced and changed only with the consent of those whose rights and freedoms they define and protect.
In the treatise, he legally substantiated the desire of the Lords to strengthen the exploitation of villeins . Equated them with the ancient Roman slaves , respectively, interpreting their property and personal position in the estate.
After retiring in 1257, he continued to serve on judicial commissions. He was also a priest . In 1264-1268 years. served as steward of the Exeter Cathedral .
He died in Exeter in September 1268 and is buried in the nave of the Exeter Cathedral .
Literature
- Great Soviet Encyclopedia. - M .: Soviet Encyclopedia. 1969-1978.
- Biographical Dictionary. 1998.
Notes
- ↑ 1 2 BNF identifier : Open Data Platform 2011.
- ↑ 1 2 SNAC - 2010.
- ↑ National Library of Australia - 1960.