¹ See 94 Selden Soc. at pp. 162–163.

² 94 Selden Soc. at p. 161.

³ See Knafla, L. A., Law and Politics in Jacobean England (1977), pp. 125–131, 297–318Google Scholar; Baker, J. H., The Legal Profession and the Common Law: Historical Essays (1986), at pp. 193, 394Google Scholar.

⁴ A fuller account of year-book historiography will be set out in “Records, Reports and the Origins of Case-law in England” in J. H. Baker (ed.), Judicial Records, Law Reports and the Growth of Case-law, Comparative Studies in Continental and Anglo-American Legal History, Volume 5 (in the press).

⁵ 17 Selden Soc. at pp. xi–xiii.

⁶ E.g., Maitland in 17 Selden Soc. at p. xiii; 20 Selden Soc. at p. xii; Turner in 42 Selden Soc. at p. xl; Plucknett in 70 Selden Soc. at pp. lxv–lxvii; Early English Legal Literature (1958), pp. 109–110.

⁷ 27 Selden Soc. at pp. xxxvii–xxxix; The Year Books (1921), pp. 35–42; Manual of the Year Book Studies (192), pp. 50–52. Plucknett thought the year books might have been “a series conducted under the direction of the Serjeants and for the use of Serjeants”: (1932) 48 L.Q.R. at pp. 336–337.

⁸ See Plucknett, T. F. T., Year Books 13 Richard II (Ames Foundation, 1929), pp. xiii–xviiiGoogle Scholar; Concise History of the Common Law (1956 ed.), pp. 271–272.

⁹ See also (writing of the later year books): Simpson in 73 L.Q.R. at p. 492; Ives in (1973) 89 L.Q.R. at pp. 74–78; Baker in 94 Selden Soc. at pp. 164–168.

¹⁰ P. Brand, “Courtroom and Schoolroom: the Education of Lawyers in England prior to 1400” (1987) 60 Historical Research 147, at pp. 158–160.

¹¹ This will be discussed in the introduction to Readings and Moots in the Inns of Court in the 15th Century, Vol. II, to be published in 1989 as Selden Soc. Vol. 105.

¹² The locus classicus is Lambert, J., Les Year Books de Langue Française (Paris, 1928), pp. 140–146Google Scholar.

¹³ See also Ives, E. W., “The Purpose and Making of the Later Year Books” (1973)89 L.Q.R. 64–86Google Scholar.

¹⁴ Baker, J. H., English Legal Manuscripts, Vol. II (Zug, 1978), p. 49(“Liber Aspere”)Google Scholar; Black Books of Lincoln's Inn, Vol. I, p. 14. Another candidate is Walter Moyle, who in 1465 “alleged three precedents from his own report when he was a serjeant in the time of Richard Newton [C.J.]” (i.e. 1438/1448): Y.B. Mich. 5 Edw. IV, fo. 6, pl. 6 (translated). But “report” here may indicate an oral recollection.

¹⁵ For the evidence, see 94 Selden Soc. at p. 165.

¹⁶ The writer intends to demonstrate this in the introduction to the edition of Caryll's reports on which he is engaged.

¹⁷ Caryll thereby became the only year-book reporter to feature (though not by name) in The English Reports reprint.

¹⁸ The Reports of Sir John Spelman, 93 Selden Soc.

¹⁹ The Notebook of Sir John Port, 102 Selden Soc.

²⁰ Townshend in the Common Pleas, Port and Spelman in the King's Bench. The latter both reported King's Bench cases as judges.

²¹ Caryll continued reporting while he was third prothonotary of the Common Pleas (1493–1510).

²² See, e.g., 102 Selden Soc. at p. xxiv.

²³ Miss Mary Hemmant recognised its importance, and proposed an edition as long ago as 1935: A Centenary Guide to the Publications of the Selden Society (1987), p. 26. (She printed pi. 67, 68 and 72 in Select Cases in the Exchequer Chamber, 51 Selden Soc. at pp. 7, 13, 14.) But she did not mention the matter of authorship.

²⁴ Two cases (pl. [4A] and [19A]) are omitted from the numeration.

²⁵ Pl. 87 on fo. 18 concerns a writ of account returnable in the octave of Michaelmas.

²⁶ In addition, pl. 54 can probably be identified as Trin. 12 Hen. IV, Fitz. Abr., Cosinage, pl. 2, though the points are not quite the same. The position in the MS. would suggest a date of Pas. 12 Hen. IV, so it might be an earlier motion in the same case.

²⁷ The plaintiff (named Cavel in the 1605 edition) is named Thomas Chauser in the MS.

²⁸ Where the printed text says “Hull adonques dit sa reason desuis escript etc.”, the manuscript gives four lines of argument by Huls.

²⁹ De la Pole v. Daventry, continued from Mich. 12, pl. 12.

³⁰ Countess of Arundel v. Russell, continued in Trin. 12, pl. 12.

³¹ The MS. contains an interesting reference to the parvise of St Paul's as a place for legal consultation: “Un home de Loundres… ala a I'esglise de Seinct Paule de Loundres de parler ove gentz de son consell en le parvise”.

³² Brit. Lib. MS. Harley 5144, ff. 177–201; MS. Hargrave 1, ff. 216–244, which has different term breaks (Hilary begins at Hil. pl. 8 of the print, and Easter includes Trinity of the print). Bodl. Lib. MS. Rawlinson C.404, ff. 101–104^v, has the first eight cases of Mich. 12 Hen. IV in the print.

³³ Nicholson, J., Register of Manuscripts of Year Books Extant (1956)Google Scholar also lists Brit. Lib. MS. Harley 5145 and MS. Hargrave 1 for 13 Hen. IV. But neither manuscript contains that year: they skip from 12 to 14 Hen. IV (as does BL MS. Add. 26747).

³⁴ Mich, in the MS. = Hil. pl. 16–14–15–11–13–12, then Mich. pl. 1–2, of the print. Hil. in the MS. = Mich. pl. 3–18 of the print. Easter in the MS. = Mich. pl. 19–38, followed by Hil. pl. 1, of the print. Trin. in the MS. = Hil. pl. 2–10 of the print.

³³ The report ends (fo. 2): “Et puis Thirning graunta le conusance et certen jour fuit doné par prefixion in le fraunchise par W. Stourton, adonques seneschal del dit abbé”.

³⁶ Identified from the record as R. v. Kyrlyngton, below, p. 108.

³⁷ It was brought by Ralph Bryt against Sir [Ivo] FitzWaryn and others. See further below, notes 39, 70.

³⁸ MS. fo. 8v: “W. Stourton. Vous ne purres aver coroner a vous delyveré tanque vous conuses cest felonie. Et puis de conscience il conta a luy le ley en tiel case, s. que lappellé en tiel appelle de mort ne purra appeller outre pur delayer le jugement… Et nota que Stourton conta a luy cest mater par cause que lappellé ne duist conustre le felonie en espoier pur enlarger sa vie par son appelle pur ceo que sur son conusance de cest felonie il ust esté maintenant pendu”.

³⁹ The famous Dick Whittington (d. 1423) appears in pl. 36, where in an action of dower against Richard “Whedyngton”, he pleaded in abatement that his name was Whityngton. (He married Alice, daughter of Sir Ivo FitzWaryn of Dorset, mentioned in note 37, above.)

⁴⁰ Pl. 73 throws some light on the position of king's counsel. In a case concerning a disputed office, Gascoigne C.J. asked the king's serjeants for advice and they hesitated: “Norton. Sir, nous l'avomus pledé pur le roy, pur que ne serra honest que nous donera nostre avys al jugement”. Gascoigne told them it was all right, and had been done before.

⁴¹ E.g. in pl. 72, “Lodington dit a moy secretè que…”

⁴² Pl. 59, though originating in Cornwall, concerns a manor of the abbess of Wilton and a lease by her steward Nicholas Bonham (a Wiltshire lawyer); pl. 62 (the first case of Trinity term) is trespass against the parson of Babcary, Somerset; pl. 67 is an Exchequer Chamber case concerning Montacute priory, Somerset (see 51 Selden Soc. 7); pl. 71 is formedon by John Oldecastell against Margery Wraston in Wiltshire; pl. 80 is replevin for a ship taken in Heybridge, in which conusance is prayed by the bailiff of the bishop of Winchester.

⁴³ He was of Hindon, Wiltshire: see note 72, below. Either he or his son John was M.P. for that county in 1420. The writer is indebted to Dr. Linda Clark, of the History of Parliament, for information concerning him and the various other members of parliament mentioned in this paper.

⁴⁴ Newman was an attorney of the Common Pleas, and also owned property at Dumford near Salisbury. He served as M.P. for Marlborough in 1415, 1416 and 1423.

⁴⁵ J. P. Wilts. 1415.

⁴⁶ Robert Ashley (d. 1432/33) of Budbury by Bradford-on-Avon, served as M.P. for Wilts, in 1419.

⁴⁷ MS. fo. 17: “… Le prisoner. Quaunt dez homes purray jeo chalenge[r] saunz cause? Hankford dit que il ne voile dire ceo a luy”.

⁴⁸ This would explain why only some of the cases occur in the other manuscripts.

⁴⁹ See below, p. 111. William Alexander (d. 1446), of Salisbury and Winterbourne Cherborough, Wilts., was M.P. for Wilts. 1415, and for Salisbury 1423–32; J.P. Wilts. 1410–32; frequently a commissioner; and deputy chief steward in the south parts for the duchy: see Somerville, R., History of the Duchy of Lancaster, vol. I (1953), p. 430Google Scholar.

⁵⁰ Probably William Poulet, serjeant-elect 1415 (but not created). A John Poulet was M.P. Wilts. 1427.

⁵¹ The more prominent of the two was William Stourton (d. 1413) of Stourton, Wilts., M.P. for Somerset 1401–04, for Wilts. 1407 and for Dorset 1410, 1413; J.P. Dorset 1389–97, 1401–04, Wilts. 1394–1413; recorder of Bristol by 1407; speaker in 1413. He had an extensive practice in the west country. His son John became the 1st Lord Stourton. The John Stourton of the year books, however, must be his younger brother: see below.

⁵² Doubtless William Westbury (d. 1448), J.P. Wilts, from 1417; serjeant-at-law 1418; justice of the King's Bench 1426–45. His brother John was also M.P. and J.P. Wilts.

⁵³ William Wynard (d. 1442) of Devon; probably a member of Lincoln's Inn; recorder of Exeter 1418–42; serjeant-elect 1415 (but not created). The reports show that he was one of the busiest counsel on the circuit, even in Wiltshire cases.

⁵⁴ This is an unusual instance of a bill of deceit on the Statute of Westminster. The defendant was an attorney called Wylton.

⁵⁵ Probably the half-brother of William Stourton, mentioned above. This John Stourton (d. 1438) settled at Preston Plucknett, Somerset; was M.P. for Somerset 1419–35; J.P. Somerset 1405–38; and frequently a commissioner. He was appointed an arbitrator with William Westbury in 1404: Davis, J. S. (ed.), The Tropenell Cartulary (1908), vol. II, p. 97Google Scholar.

⁵⁶ Printed in 51 Selden Soc. at p. 15.

⁵⁷ Only Hankford is mentioned in the report, but Skrene was also a commissioner and was present during the same assizes: pl. 24. The roll of the gaol delivery, with a copy of the commission, is in the Public Record Office, JUST 3/194. It does not contain the present case, presumably because it was not disposed of. The roll gives the date of the session as the Friday before St. Peter in Cathedra 12 Hen. IV [i.e., 20 February 1411]. A precept to Hankford and Skrene as justices of assize in Wiltshire, dated June 1411, is preserved in the H. E. Huntington Library: Watson, K. (ed.), Hastings Manuscripts (List & Index Special Series Vol. 22, 1987), p. 129Google Scholar.

⁵⁸ The Place-Names of Wiltshire (Cambridge, 1939), pp. 286, 392.

⁵⁹ This Bishopstone was a detached portion of the hundred, to the west of the parish of Downton: V[ictoria] C[ounty] H[istory], Wiltshire, XI (1983), pp. 1, 3.

⁶⁰ Hampshire Record Office, Winchester bishopric pipe rolls 159413–159415. The writer is indebted to Mrs M. E. Griffiths, of the County and Diocesan Record Office in Winchester, for this information.

⁶¹ JUST 3/218/1, m. 124.

⁶² The original entry (on m. 124^d) reads: “Dounton. Johannes Kyrlyngton captus fuit per suspicionem latrocinii per Johannem Brid ballivum libertatis episcopi Wyntoniensis et missus gaole infraspecificate”. There is a superscript note that the prisoner was remanded till the next delivery; but nothing else has been found in the records.

⁶³ This is confirmed by the recorded fact that both John Bryd and John Bryt were returned as members of parliament for different Wiltshire constituencies in May 1413.

⁶⁴ Cf. the etymology of Britford, on the outskirts of Salisbury, not far from Bishopstone: Place-Names of Wiltshire, p. 221.

⁶⁵ Mich. 13 Hen. IV, fo. 10, pl. 33 (“Brid” in print, “Bridde” in LI MS. Hale 189, fo. 119^v).

⁶⁶ The steward in the relevant years was Richard Wyot: bishopric pipe rolls (cited above). Richard Collingbourne (d. 1418) of Great Bedwyn, Wilts., was clerk of the peace for that county 1390–1413; and served as M.P. for Marlborough, Wilts., in 1402 (with John Bryd). He had connections with the bishop of Salisbury.

⁶⁷ The chronology of the reports, discussed below, seems also to indicate an earlier session (in 1410).

⁶⁸ It would be an even more remarkable chance if this Brid really were a Brid, whereas the “Brid” of the gaol calendar (and therefore of the manuscript reports) was actually a Bryt.

⁶⁹ The writer is again extremely grateful to Dr. Linda Clark, of the History of Parliament, for a sight of the draft biographies of John Brut M.P. and John Bird M.P. These are the basis of what follows.

⁷⁰ He may have been related to Ralph Bryt, the plaintiff in the assize reported in the MS. (above, n. 37). John Bryt of Hindon was one of the witnesses to the quitclaim which ended it: Cal. Close Rolls 1409–1413, p. 208.

⁷¹ Fellow commissioners included William Alexander, John Stourton, William Stourton and John Westbury.

⁷² For the history of this estate, see The Tropenell Cartulary (ed. Davis), vol. II, pp. 13–15; VCH, Wiltshire, XI, 99. We have already noticed Hindon as the home of another lawyer, the attorney John Person. Person acted as an arbitrator with John Bryt in 1417: The Tropenell Cartulary, vol. II, p. 98. He was tenant for life of John Brut of Hindon in 1426: ibid., p. 14.

⁷³ Cal. Fine Rolls 1405–1413, pp. 253–254 (1412); Cal. Fine Rolls 1413–1422, p. 34 (1413).

⁷⁴ See Cal. Close Rolls 1416–1419, pp. 359–360, 363, 364, 457.

⁷⁵ Cal. Patent Rolls 1416–1422, p. 414; Cal. Close Rolb 1419–1422, p. 190.

⁷⁶ Cal. Patent Rolls 1436–1441, p. 503 (John Brydde, with Sir John Hody, Sir Robert Hungerford, William Alisaundre and William Westbury, justices to deliver the gaol at Salisbury).

⁷⁷ MS. Dd. 9. 64, fo. 40^v (not a colophon, but written among some pen trials).

⁷⁸ There has been some doubt whether there were two members of parliament called Bird, or one. The current opinion of the History of Parliament editors favours one. There is, however, mention in 1414 and 1416 of a John Bird “junior”, of Marlborough, acting as a feoffee: 41 Wilts. Record Soc. at pp. 344, 356. The son could have been the justice of gaol delivery in 1440 and steward of the earl of Stafford in 1441.

⁷⁹ Mich. 13 Hen. IV, fo. 10, pl. 31 (“J. Brid” in print, “John Bird” in the Hale MS. at fo. 120).

⁸⁰ Cole v. Pynnok, transcript of record in Brit. Lib., MS. Add. 25174, ff. 21^v–23, 26, 27 (9–12 Hen. IV).

⁸¹ In 7 Hen. V, fo. 2, pl. 2, there is a Cornish assize with pleadings at the assizes by Fulford and Burnebury; but most of the argument is in the Common Pleas after adjournment, and the reporter may have obtained all his information there. There is no west country bias in these later reports; indeed the reporter of Trin. 2 Hen. V, fo. 10, pl. 11, seems to have thought that the abbey of Hyde (near Winchester) was in Wiltshire (unless the passage means that the trespass was laid in Wiltshire).

⁸² Mich. 8 Hen. IV, ff. 7–12, pl. 12 (in print).

⁸³ It occurs at the end of some MSS. of the Liber assisarum: e.g., Lincoln's Inn, MS. Hale 172, fo. 135; Yale University, Law MS. G. R29/32, fo. 121^v. It is immediately followed in these MSS. by Hampton v. Swanlond. Mich. 7 Hen. IV, an assize for rent brought in the King's Bench (Mich. 7 Hen. IV, fo. 29, pl. 6, in the print).

⁸⁴ They had no reason to deceive and may have followed exemplars now lost; precise dating was unimportant before the rise of legal history.

⁸⁵ In the two texts which follow punctuation and the use of capitals have been standardised according to modern usage.

⁸⁶ MS.; initials only in print.

⁸⁷ MS. etc. in print.

⁸⁸ MS. only.

⁸⁹ memorie MS.

⁹⁰ memorie MS.

⁹¹ Bridde MS.

⁹² MS. nav[er]a in print.

⁹³ Sic.