REGISTER OF WRITS, in Latin, illuminated manuscript on vellum [England, probably London 1st quarter 14th century]
REGISTER OF WRITS, in Latin, illuminated manuscript on vellum [England, probably London 1st quarter 14th century]
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REGISTER OF WRITS, in Latin, illuminated manuscript on vellum [England, probably London 1st quarter 14th century]

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REGISTER OF WRITS, in Latin, illuminated manuscript on vellum [England, probably London 1st quarter 14th century]

An early example of the ‘basis of English medieval common law’.

160 x 110mm. 167 leaves: i2, 1-612, 712(i a misplaced leaf, foliated 156, between ff.72-73, lacking original ii), 8-1012, 1110(of 12, i now first leaf of gathering 7 and last leaf a cancelled blank; this is the misplaced final gathering foliated 157-166), 1212, 13-1412 ends 155, old foliation in ink in lower margin, 29 lines written in brown ink in an anglicana hand, ruled space: 126 x 70mm, running headings and marginal titles with red and blue paraphs, each chapter opening with an illuminated initial 2-5 lines high (lacking one leaf, spine broken between gatherings 9 and 10, water-staining to lower margin of first 3 leaves, cockling, edges dampstained, some smudging and offsetting, occasional rubbing and spotting). English 17th-century calf, ruled in blind and with a central gilt-stamped lozenge on upper and lower covers, remains of green silk ties (worn).

Provenance: Although the majority of legal manuscripts are likely to have been owned by lawyers they also belonged to merchants, landowners, churchmen and estate officials. By the 15th century workshops associated with the Inns of Court specialised in the production of such books, but at the date of this manuscript they were probably written by the chancery clerks whose main responsibility was the issuing of writs. The manuscripts vary according to the needs of the owner and the date they were compiled – they needed to be up-to-date so new writs were constantly incorporated. This results in great variety and individuality. The opening writ of the present manuscript was attested at Westminster on the 12th of December in the third year of the reign of Edward II, that is 1309, and it is likely that the manuscript was produced close to this date. The frequency with which London and Westminster are cited suggests that it was produced, and perhaps intended for use, in that city. The number of writs concerning Abbeys and Cathedrals may indicate its intended destination in an ecclesiastical institution – Armorial ink stamp with a Viscount's coronet — signature of Alfred J. Horwood (1821-1881) on f.i — cutting from 19th-century bookseller's catalogue pasted inside upper cover and £6-18-0 written in pencil. Paper endleaf inscribed ?Templar 93.

Content: List of 60 Chapter headings ff.i-ii verso; Register of writs from De recto to De salvo conductu ff. 1-166v, now ordered as above.

Registers of Writs were produced as formulary books: they provided a range of writs previously issued in Chancery that could serve as exemplars in the pursuit of any action in the protection of rights or liberties – the first step in the judicial process and the only means of implementing the law enacted in the Statutes. They were 'the basis of the mediaeval common law, a guide to its leading principles, and a commentary upon their application': T.F.T. Plunkett, Statutes and their Interpretation in the First Half of the Fourteenth Century, Cambridge 1922, p.111. Such collections were already being compiled in the twelfth century – Sir Edward Coke (1552-1634), Attorney General to Elizabeth I and Chief Justice to James I, described the Register of Writs as 'a most ancient Book, and of great Authority in Law’.
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Robert Tyrwhitt
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