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''Fleta'' is a treatise on the
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
of England. It was written in
Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power ...
with the sub-title ''seu Commentarius juris Anglicani''. The anonymous author of the book is sometimes referred to as "Fleta", although this is not in fact a person's name. The book acquired its common title because its preface contains a remark that it could be called "''Fleta''" as it was written in "Fleta": however, the meaning of this comment is unclear (see Authorship below). From internal evidence, the work appears to have been written in the reign of Edward I, and to have been completed shortly after the year 1290.


Authority

This book is one of those listed by Blackstone as being authoritative statements of the law at the time at which they were written.
Edward Coke Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-S ...
cites Fleta as authority in his ''Institutes'' in a number of places. The article on ''Fleta'' in the ''Encyclopædia Britannica'' Eleventh Edition says that it "is for the most part a poor imitation of" '' De Legibus et Consuetudinibus Angliae'' by
Henry de Bracton Henry of Bracton, also Henry de Bracton, also Henricus Bracton, or Henry Bratton also Henry Bretton (c. 1210 – c. 1268) was an English cleric and jurist. He is famous now for his writings on law, particularly ''De legibus et consuetudinibus ...
. O. Hood Phillips described it as an "epitome of" that book.
G. O. Sayles George Osborne Sayles (21 April 1901 – 28 February 1994) was an English historian best known for his work on the medieval English law courts and the early English Parliaments. Early life G. O. Sayles was raised and educated in Derbyshire. ...
was able to show that the author of ''Fleta'' had a copy of Bracton to hand, but that (like other copies) it was defective in places, and that he was obliged to make many additions and improvements of his own. The ''
Oxford Dictionary of National Biography The ''Dictionary of National Biography'' (''DNB'') is a standard work of reference on notable figures from British history, published since 1885. The updated ''Oxford Dictionary of National Biography'' (''ODNB'') was published on 23 September ...
'' describes ''Fleta'' as "updating and abridging" Bracton.Seipp 2004.


Manuscript copies

One complete
manuscript A manuscript (abbreviated MS for singular and MSS for plural) was, traditionally, any document written by hand – or, once practical typewriters became available, typewritten – as opposed to mechanically printed or reproduced ...
copy of this book survives from the fourteenth century. It is held by the
British Library The British Library is the national library of the United Kingdom and is one of the largest libraries in the world. It is estimated to contain between 170 and 200 million items from many countries. As a legal deposit library, the Briti ...
where its reference is BL,
Cotton Cotton is a soft, fluffy staple fiber that grows in a boll, or protective case, around the seeds of the cotton plants of the genus '' Gossypium'' in the mallow family Malvaceae. The fiber is almost pure cellulose, and can contain minor p ...
MS Julius B.viii. A few passages of this book also survive in another manuscript. This is also held by the British Library, where its reference is BL,
Cotton Cotton is a soft, fluffy staple fiber that grows in a boll, or protective case, around the seeds of the cotton plants of the genus '' Gossypium'' in the mallow family Malvaceae. The fiber is almost pure cellulose, and can contain minor p ...
MS Nero D.vi.


Circulation

Because few copies survive, it is thought that this book was "not widely read by medieval lawyers."


Authorship

It has often been assumed that the statement that the book was "written in ''Fleta''" means that it was written during the author's confinement in the Fleet prison. It has been conjectured that the author was one of those judges who were imprisoned for malpractices by Edward I. Noël Denholm-Young and Paul Brand have proposed as an alternative candidate one Matthew of the Exchequer, a
yeoman Yeoman is a noun originally referring either to one who owns and cultivates land or to the middle ranks of servants in an English royal or noble household. The term was first documented in mid-14th-century England. The 14th century also witn ...
of the royal household and lawyer, who was convicted of forgery in 1290 and committed to the Fleet for two years. However, the element "fleet" (meaning both "swift" and "a watercourse") is also found in other place names in England; or the name might simply refer to the swiftness or brevity of the treatise itself.


Editions

The first printed edition of ''Fleta'' was published by
John Selden John Selden (16 December 1584 – 30 November 1654) was an English jurist, a scholar of England's ancient laws and constitution and scholar of Jewish law. He was known as a polymath; John Milton hailed Selden in 1644 as "the chief of learne ...
in 1647. It included a dissertation written by Selden, the title of which is "Joannis Seldeni ad Fletam dissertatio". A second edition was published, with corrections, in 1685. A new edition of the first of the six books of ''Fleta'' was published in 1735, edited by Thomas Clarke, a future
Master of the Rolls The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Civil Division of the Court of Appeal of England and Wales and Head of Civil Justice. As a judge, the Master of ...
: however, he published no more. The next edition appeared in France in 1776, edited by David Hoüard: this was based on the previous printed editions, and was abridged in places. All these editions are regarded, for various reasons, as imperfect. The standard modern edition (with English translation) was edited by H. G. Richardson and
G. O. Sayles George Osborne Sayles (21 April 1901 – 28 February 1994) was an English historian best known for his work on the medieval English law courts and the early English Parliaments. Early life G. O. Sayles was raised and educated in Derbyshire. ...
, and published in three volumes, covering books 1-6, by the
Selden Society The Selden Society is a learned society and registered charity concerned with the study of English legal history. It functions primarily as a text publication society, but also undertakes other activities to promote scholarship within its sphere ...
between 1955 and 1984. A projected fourth volume, intended to include editorial apparatus (notes and indexes), never appeared: this would have been nominally volume 1, and so the three published volumes are numbered 2–4. Volume 4 does include a 17-page "Introduction" by Sayles, which represents the fullest synopsis of scholarly knowledge about the work to date.


Derivative book

The book known as '' Britton'' was based on this book.Sayles 1984, p. xxv.


See also

*
Books of authority Books of authority is a term used by legal writers to refer to a number of early legal textbooks that are excepted from the rule that textbooks (and all books other than statute or law report) are not treated as authorities by the courts of England ...


Notes


References

* * ;Modern edition * * *{{cite book , editor-first=G. O. , editor-last=Sayles , editor-link=G. O. Sayles , title=Fleta: Volume IV (Book V and Book VI) , publisher=
Selden Society The Selden Society is a learned society and registered charity concerned with the study of English legal history. It functions primarily as a text publication society, but also undertakes other activities to promote scholarship within its sphere ...
, series=Selden Society , volume=99 , year=1984 , place=London English law Works of unknown authorship Legal treatises