Jersey & Guernsey Law Review – June 2008

A 16^th CENTURY ENGLISHMAN’S VIEW OF TERRIEN

1       In December 2006 I visited the British Library to inspect their copies of Terrien’s Commentaires du Droict Civil and other holdings of Norman customary law works.  Very old books have their own stories to tell; of ownership, annotation, the physical care taken of them, their environment and, of course, their bindings.  I was very excited to find an intriguing and contemporaneous glimpse of how Terrien was perceived in England in the Library’s copy of the 1574 edition.[1]  On a fly-leaf at the start of the book, there is a manuscript letter addressed by one William Lambarde to Sir Roger Manwood, Lord Chief Baron of the Exchequer.[2]  Lambarde[3] was an historian, author and lawyer.  The letter is dated 7^th February 1578 (1579 in the Gregorian calendar), just two days before Lambarde was elected a bencher of Lincoln’s Inn.  Later in the same year he was appointed a Justice of the Peace for Kent.  He wrote a manual On the Office of the Justices of the Peace which remained the standard authority for many years.

2       Manwood[4] was called to the English bar in 1555.  He was also a member of parliament until 1572.  He founded a grammar school in Sandwich.  The successor school still bears his name.  He was a member of the joint committee of the Lords and Commons which advised the execution of Mary Queen of Scots.  Having sat as a judge in Kent he was made a puisne judge of the common pleas in 1572 and created Lord Chief Baron on 17^th November 1578, in other words a little less than three months before Manwood wrote his letter.  Manwood’s later career was sullied by a number of incidents ranging from attempting to sell one of the offices in his gift, allegations of deliberate perversion of justice, the sale of a pardon and the appropriation of a gold chain.  He also offered a large sum of money for the Lord Chief Justiceship, but the bribe was not taken.  Notwithstanding these matters Coke called him a “… reverend judge of great and excellent knowledge in the law, and accompanied with a ready invention and good elocution”.  Manwood himself said this about the four high courts of justice:  “In the common pleas there is all law and no conscience, in the queen’s bench both law and conscience, in the chancery all conscience and no law, and in the exchequer neither law nor conscience”.[5]

3       Returning to the British Library copy - this was plainly presented by Lambarde to Manwood.  Both had a connection with Kent, and Lambarde obviously regarded Manwood as a patron.  The British Library catalogue notes this of the book -

“In a contemporary English gold tooled binding with a diaper pattern and the initials R. M. An autograph dated 7 Feb. 1578[79] from William Lombard (sic) to Sir Roger Manwood is inserted.”

4       The binding is the original binding and the reference to RM must be to Manwood himself.  There follows a literal transcription of the letter (with the exception of the medial “ſ” or “s”) followed by a “translation” into modern English: 

To the honourable, Syr Roger Manwood, knyghte, & Lorde Chief Baron of the Queenes Ma ^ties Escheaquer.

Even as the debtor (honourable, and my verie good Lorde) that is touched with any conscience of his duetie, and wanteth whearwith to satisfie it, maketh shyfte, and sticketh not to borowe of other men, rather than he wille lose his owne credite:  Soe I (muche bounden to your .L.[6] for daylie and undeserved fauoures) not having at this tyme any thing of myne owne woorthie to present your .L. withalle, have rather chosen to use the cõmoditie[7] of another mans goodes (without his iniurie) then by hyding my heade to hazarde my credite with yowe, and to incurre the note of unkynd forgetfulness.  For this cause I have thought good to cõmunicate with your .L. this volume of the Norman Customes, conteyning in themselves many things commune to our Lawe w^th the olde usages of that countrye, from whence no smalle part of our Lawe was derived by William the great (that duke of Normandie, and king of England) as Gervasius Tilberiensis[8] in his Dialogues of the Escheaquer written under the reigne of kyng Henrie the Second dothe plainlye testifie; And comprehending moreover (by addition of the Commentators) sundrie good provisions of Police established in Fraunce of latter tymes, and many learned notes and discourses of many kyndes.  And albeit, that neyther our commen lawe neadeth the light of theise customes for the understanding of them, nor our realme theise ordinances for the direction thereof in government, nor your .L. this worke for any increase of learning:  Yet, seing the cherrie that is taken from the tree hathe no lesse (if not more) grace then that w^ch is eaten out of the dishe, and that, as the poet sayed, Gratius ex ipso fonte bibuntur aquae[9]:  Seing also, that as we participate with the faltes and diseases of other nations, so it is not amisse for us to knowe what remedies and medicines they use:  and finallye, foreseing that your .L. may yet at the least be putt in remembrance hearby of things alreadie understoode, and may happely also fynd somwhat that may make for accession and ornament to your great wisedome and learning, I have adventured (in this penurie of myne owne) to exhibite this booke unto you:  Trusting that your .L. wille not reiect it, for that it may at the first seeme but a forein Coyne[10] and thereby unmete to be offered in payment, but rather that if by rynging and weighing it you shall fynd it to be verie like our owne and in manner of the same alloye and stampe with it, that then your .L. will of your natural courtesie allowe it as currant for this once, and so accept it in part of my due payment.  The w^ch if it shalle like you to doe, I wille not only most willinghie abide suche stallement of the residue of my great debt as your .L. at your owne good pleasure and within the limites of my poore power shal appointe, but shalle also in the meane season crave of God for your .L. the continuance and increase of those inward and outwarde graces whearw^th he hathe already blessed youe.

7. feb . 1578[11]

Your .L. most humble, and readie at comaundemet, in the Lorde, Willm Lambarde.

5       In modern English this would read -

To the honourable, Sir Roger Manwood, knight, & Lord Chief Baron of the Queen’s Majesty’s Exchequer.

Even as the debtor (honourable, and my very good Lord) that is touched with any conscience of his duty, and lacks the wherewithal to satisfy it, hurries, and does not hesitate to borrow of other men, rather than lose his own credit; so I (much indebted to your Lordship for daily and undeserved favours) not having at this time anything of my own worthy to present your Lordship, nevertheless have rather chosen the convenience of another man’s goods (without injury to him) rather than hide my head and hazard my credit with you, incurring a reputation for unkind forgetfulness.  For this cause I thought it appropriate to communicate to your Lordship this volume of the Norman Customs, containing in themselves many things common to our Law with the old usages of that country, from where no small part of our Law was derived by William the Great (Duke of Normandy, and King of England) as Gervase of Tilbury in his Dialogues of the Exchequer written during the reign of King Henry the Second plainly testifies; and comprehending moreover (by addition of the Commentators) various good provisions of police established in France more recently, and many learned notes and discourses of many kinds.  And, albeit, that neither our common law needs the light of these customs for the understanding of them, nor our realm these ordinances for the direction thereof in government, nor your Lordship this work for any increase of learning; yet, seeing the cherry that is taken from the tree has no less (if not more) grace then that which is eaten out of the dish, and that, as the poet said, Gratius ex ipso fonte bibuntur aquae; seeing also, that as we participate with the faults and diseases of other nations, so it is not amiss for us to know what remedies and medicines they use; and finally, foreseeing that your Lordship may yet at the least be reminded hereby of things already understood, and may happily also find something that may accrue to, and ornament, your great wisdom and learning, I have ventured (in this penury of my own) to present this book to you; trusting that your Lordship will not reject it, for, although, it may at first seem but a foreign coin and thereby unfit to be offered in payment, if, nevertheless, by ringing and weighing it you shall find it to be very like our own and of similar alloy and stamp with it, then your Lordship will, of your natural courtesy, allow it as current for this once, and so accept it in part of my due payment.  The which if it pleases you, I will not only most willingly await such instalment of the residue of my great debt as your Lordship at your own good pleasure and within the limits of my poor power shall appoint, but shall also in the meantime crave of God for your Lordship the continuation and increase of those inward and outward graces whereby he has already blessed you.

7^th February 1579

Your Lordship’s most humble, and ready to command, in the Lord,

William Lambarde.

6       The points of interest may be summarized as follows -

(a)              Lambarde, based as he was in England, was familiar with Terrien’s work within four years of its publication;

(b)              Copies of Terrien were available in England;

(c)              Lambarde acknowledged the debt of English law to Norman law;

(d)              Lambarde recognised and commended the quality and worth of Terrien’s work;

(e)              He perceived Terrien as representing, in some sense, a parallel, and perhaps more authentic, comparator of English law in the way that the cherry on the tree is closer to its source than the cherry in the dish, whilst adopting also the imagery of a foreign coin of such similar manufacture that it could pass for legal tender, at least on this occasion;

(f)               Terrien was of potential value to English law as illustrative of problems common to both jurisdictions and how they had been addressed, very much in the way that a comparative legal text from a related jurisdiction would be used today – particularly in Guernsey law.

Gordon Dawes is an advocate and partner with Ozannes, St Peter Port.  He is the author of Laws of Guernsey and continues to work on the production of a facsimile edition of Terrien with a lengthy introduction.  This article is taken from that work.