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SIR THOMAS DE LITTLETON (c. 1407-1481)

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Originally appearing in Volume V16, Page 794 of the 1911 Encyclopedia Britannica.
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SIR See also:THOMAS DE See also:LITTLETON (c. 1407-1481)  , See also:English See also:judge and legal author, was See also:born, it is supposed, at Frankley See also:Manor See also:House, See also:Worcestershire, about 1407 . See also:Littleton's surname was that of his See also:mother, who was the See also:sole daughter and heiress of See also:Thomas de Littleton, See also:lord of Frankley . She married one Thomas Westcote . Thomas was the eldest of four sons of the See also:marriage, and took the name of Littleton, or, as it seems to have been more commonly spelt, Luttelton . The date of his See also:birth is uncertain; a MS. See also:pedigree gives 1422, but it was probably earlier than this . If, as is generally accepted, he was born at Frankley Manor, it could not have been before 1407, in which See also:year Littleton's grandfather recovered the manor from a distant See also:branch of the See also:family . He is said by See also:Sir E . See also:Coke to have " at-tended one of the See also:universities," but there is no corroboration of this statement . He was probably a member of the Inner See also:Temple, and lectured there on the See also:statute of See also:Westminster II., De Donis Conditionalibus . His name occurs in the Past on Letters (ed . J . See also:Gairdner, i .

6o) about 1445 as that of a well-known counsel and in 148112 he received a See also:

grant of the manor of See also:Sheriff See also:Hales, See also:Shropshire, from a Sir See also:William Trussel as a See also:reward for his services as counsel . He appears to have been See also:recorder of See also:Coventry in 1450; he was made escheator of Worcestershire,and in 1447/8 was under-sheriff of the same See also:county; he became See also:serjeant-at-See also:law in 1453 and was afterwards a See also:justice of See also:assize on the See also:northern See also:circuit . In 1466 he was made a judge of the See also:common pleas, and in 1475 a See also:knight of the See also:Bath . He died, according to the inscription on his See also:tomb in See also:Worcester See also:cathedral, on the 23rd of See also:August 1481 . He married, about 1444, See also:Joan, widow of Sir See also:Philip Chetwind of Ingestrie in See also:Stafford-See also:shire, and by her had three sons, through whom he became ancestor of the families holding the peerages of See also:Cobham (formerly See also:Lyttelton, q.v.) and See also:Hatherton . His See also:Treatise on Tenures was probably written after he had been appointed to the See also:bench . It is addressed to his second son See also:Richard, who went to the See also:bar, and whose name occurs in the year books of the reign of See also:Henry VII . The See also:book, both historically and from its See also:intrinsic merit, may be characterized as the first See also:text-book upon the English law of See also:property . The law of property in Littleton's See also:time was mainly concerned with rights over See also:land, and it was the law See also:relating to this class of rights which Littleton set himself to See also:digest and classify . The time was ripe for the task . Ever since the See also:Conquest See also:regular courts of justice had been at See also:work administering a law which had grown out of an admixture of See also:Teutonic See also:custom and of See also:Norman See also:feudalism . Under Henry II. the courts had been organized, and the practice of keeping regular records of the proceedings had been carefully observed .

The centralizing See also:

influence of the royal courts and of the justices of assize, working steadily through three centuries, had made the rules governing the law of property See also:uniform throughout the land; See also:local customs were confined within certain prescribed limits, and were only recognized as giving rise to certain well-defined classes of rights, such, for instance, as the See also:security of See also:tenure acquired by villeins by virtue of the custom of the manor, and the rights of freeholders, in some towns, to dispose of their land by will . Thus, by the time of Littleton (Henry VI. and See also:Edward IV.), an immense See also:mass of material had been acquired and preserved in the rolls of the various courts . Reports of important cases were published in the " year books." A glance at Statham's Abridgment, the earliest digest of decided cases, published nearly at the same time as Littleton's Tenures, is sufficient to show the enormous bulk which reported cases had already attained as materials for the knowledge of English law . Littleton's treatise was written in that See also:peculiar See also:dialect compounded of Norman-See also:French and English phrases called law French . Although it had been provided by a statute of 36 Edward III. that viva See also:vote proceedings in See also:court should no longer be conducted in the French See also:tongue, " which was much unknown in the See also:realm," the practice of See also:reporting proceedings in that See also:language, and of using it in legal See also:treatises, lingered till a much later See also:period, and was at length prohibited by a statute passed in the time of the See also:Commonwealth in 165o . Unlike the preceding writers on English law, Glanville, See also:Bracton and the authors of the treatises known by the names of See also:Britton and See also:Fleta, Little-ton borrows nothing from the See also:sources of See also:Roman law or the commentators . He deals exclusively with English law . The book is written on a definite See also:system, and is the first See also:attempt at a scientific See also:classification of rights over land . Little-ton's method is to begin with a See also:definition, usually clearly and briefly expressed, of the class of rights with which he is dealing . He then proceeds to illustrate the various characteristics and incidents of the class by stating particular instances, some of which refer to decisions which had actually occurred, but more commonly they are hypothetical cases put by way of See also:illustration of his principles . He occasionally refers to reported cases . His book is thus much more than a See also:mere digest of judicial decisions; to some extent he pursues the method which gave to Roman law its breadth and consistency of principle .

In Roman law this result was attained through the practice of putting to jurisconsults hypothetical cases to be solved by them . Littleton, in like manner, is constantly stating and solving by reference to principles of law cases which may or may not have occurred in actual practice . In dealing with See also:

freehold estates Littleton adopts a classification which has been followed by all writers who have attempted to systematize the English law of land, especially Sir M . See also:Hale and Sir William See also:Blackstone . It is indeed the only possible approach to a scientific arrangement of the intricate " estates in land " known to English law . He classifies estates in land by reference to their duration, or in other words by reference to the See also:differences between the persons who are entitled to succeed upon the See also:death of the See also:person in See also:possession or " See also:tenant." First of all, he describes the characteristics of tenancy in See also:fee See also:simple . This is still as it was in Littleton's time the largest See also:interest in land known to the law . Next in See also:order comes tenancy in fee tail, the various classes of which are sketched by Littleton with brevity and accuracy, but he is silent as to the important practice, which first received judicial recognition shortly before his death, of " suffering a recovery," whereby through a See also:series of judicial See also:fictions a tenant in tail was enabled to convert his See also:estate tail into a fee simple, thus acquiring full See also:power of See also:alienation . After discussing in their logical order other freehold interests in land, he passes to interests in land called by later writers interests less than freehold, namely, tenancies for terms of years and tenancies at will . With the exception of tenancy from year to year, now so See also:familiar to us, but which was a judicial creation of a date later than the time of Littleton, the first book is a See also:complete statement of the principles of the common law, as they for the most See also:part still exist, governing and regulating interests in lands . The first book concludes with a very interesting See also:chapter on copy-hold tenures, which marks the exact point at which the tenant by copy of court See also:roll, the successor of the villein, who in his turn represented the See also:freeman reduced to See also:villenage by the growth of the manorial system, acquired security of tenure . The second book relates to the reciprocal rights and duties of lord and tenant, and is mainly of See also:historical interest to the See also:modern lawyer .

Phoenix-squares

It contains a complete statement of the law as it stood in Littleton's time relating to See also:

homage, fealty and escuage, the See also:money See also:compensation to be paid to the lord in lieu of military service to be rendered to the See also:king, a peculiar characteristic of English as distinguished from See also:Continental feudalism . Littleton then proceeds to See also:notice the important features of tenure by knight's service with its distinguishing incidents of the right of wardship of the lands and person of the See also:infant See also:heir or heiress, and the right of disposing of the See also:ward in marriage . The non-military freehold tenures are next dealt with; we have an See also:account of " See also:socage tenure," into which all military tenures were subsequently commuted by a now unrecognized See also:act of the See also:Long See also:Parliament in 1650, afterwards re-enacted by the well-known statute of See also:Charles II . (166o), and of " frankalmoign," or the spiritual tenure by which churchmen held . In the description of See also:burgage tenure and tenure in villenage, the See also:life of which consists in the validity of See also:ancient customs recognized by law, we recognize survivals of a time before the See also:iron See also:rule of feudalism had moulded the law of land in the interests of the king and the See also:great lords . Finally he deals with the law of rents, discussing the various kinds of rents which may be reserved to the grantor upon a grant of lands and the remedies for recovery of See also:rent, especially the remedy by See also:distress.' The third and concluding book of Littleton's treatise deals mainly with the various ways in which rights over land can be acquired and terminated in the See also:case of a single possessor or several possessors . This leads him to discuss the various modes in which several persons may simultaneously have rights over the same land, as parceners:—daughters who are co-heiresses, or sons in See also:gavelkind; See also:joint tenants and tenants in common . Next follows an elaborate discussion upon what are called estates upon See also:condition—a class of interests which occupied a large space in the See also:early common law, giving rise on one See also:side to estates tail, on another to mortgages . In Littleton's time a See also:mortgage, which he carefully describes, was merely a See also:conveyance of land by the tenant to the mortgagee, with a condition that, if the tenant paid to the mortgagee a certain sum on a certain See also:day, he might re-enter and have the land again . If the condition was not fulfilled, the interest of the mortgagee became See also:absolute, and Littleton gives no indication of any modification of this strict rule, such as was introduced by courts of See also:equity, permitting the debtor to redeem his land by See also:payment of all that was See also:clue to the mortgagee although the day of payment had passed, and his interest had become at law indefeasible . The See also:remainder of the work is occupied with an ex-position of a See also:miscellaneous class of modes of acquiring rights of property, the See also:analysis of which would occupy too large a space . The work is thus a complete See also:summary of the common law as it stood at the time .

It is nearly silent as to the remarkable class of rights which had already assumed vast See also:

practical importance—equitable interests in lands . These are only noticed incidentally in the chapter on " Releases." But it was already clear in Littleton's time that this class of rights would become the most important of all . Littleton's own will, which has been preserved, may be adduced in See also:proof of this assertion . Although nothing was more opposed to ' These two books are stated, in a See also:note to the table at the conclusion of the work, to have been made for the better understanding of certain chapters of the Ancient Book of Tenures . This refers to a See also:tract called The Old Tenures, said to have been written in the reign of Edward III . By way of distinguishing it from this work, Littleton's book is called in all the early See also:editions " Tenores See also:Novelli."the spirit of Norman feudalism than that a tenant of lands should dispose of them by will, we find Littleton directing by his will the feoffees of certain manors to make estates to the persons named in his will . In other words, in order to acquire over lands See also:powers unknown to the common law, the lands had been conveyed to feoffees " who had full right over them according to the common law, but who were under a conscientious See also:obligation to exercise those rights at the direction and for the exclusive benefit of the person to whose " use " the lands were held . This conscientious obligation was recognized and enforced by the See also:chancellor, and thus arose the class of equitable interests in lands . Littleton is the first writer on English law after these rights had risen into a prominent position, and it is curious to find to what extent they are ignored by him . There are three early See also:MSS. of Littleton in the University Library at See also:Cambridge . One of these formerly contained a note on its first See also:page to the effect that it was bought in St See also:Paul's See also:Churchyard on See also:July 20, 1480 . It was therefore in circulation in Littleton's lifetime .

The other two MSS. are of a somewhat later date; but one of them contains what seems to be the earliest English See also:

translation of the Tenures, and is probably not later than 1500 . In the 16th See also:century editions of Littleton followed in rapid See also:succession from the presses of Pynson, Redmayne, Berthelet, Tottyl and others . The practice of annotating the text caused several additions to be introduced, which, however, are easily detected by comparison of the earlier copies . In 1581 See also:West divided the text into 746 sections, which have ever since been preserved . Many of these editions were printed with large margins for purposes of annotation, specimens of which may be seen in See also:Lincoln's See also:Inn Library . The practice of annotating Littleton was very See also:general, and was adopted by many eminent lawyers besides Sir E . Coke, amongst others by Sir M . Hale . One commentary of this See also:kind, by an unknown See also:hand of earlier date than Sir E . Coke's, was edited by See also:Cary in 1829 . Following the general practice of dealing with Littleton as the great authority on the law of See also:England, " the most perfect and absolute work that ever was written in any human See also:science," Sir E . Coke made it in 1628 the text of that portion of his work which he calls the first part of the institutes of the law of England, in other words, the law of property .

The first printed English translation of Littleton was by See also:

Rastell, who seems to have combined the professions of author, printer and serjeant-at-law, between 1514 and 1533 . Many English editions by various editors followed, the best of which is Tottyl's in 1556 . Sir E . Coke adopted some translation earlier than this, which has since gone by the name of Sir E . Coke's translation . He, however, throughout comments not on the translation but on the French text; and the reputation of the commentary has to some extent obscured the intrinsic merit of the See also:original . See E . Wambaugh, Littleton's Tenures in English (See also:Washington, D.C., 1903) .

End of Article: SIR THOMAS DE LITTLETON (c. 1407-1481)
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