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Sir Thomas de Littleton
1911 Encyclopedia Britannica
or SIR THOMAS DE LITTLETON ( c. 1407-1481), English judge and legal author, was born, it is supposed, at Frankley Manor House, Worcestershire, about 1407. Littleton's surname was that of his mother, who was the sole daughter and heiress of Thomas de Littleton, lord of Frankley. She married one Thomas Westcote. Thomas was the eldest of four sons of the marriage, and took the name of Littleton, or, as it seems to have been more commonly spelt, Luttelton. The date of his birth is uncertain; a MS. 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 year Littleton's grandfather recovered the manor from a distant branch of the family. He is said by Sir E. Coke to have "attended one of the universities," but there is no corroboration of this statement. He was probably a member of the Inner Temple, and lectured there on the statute of Westminster II., De Donis Conditionalibus. His name occurs in the Paston Letters (ed. J. Gairdner, i. 60) about 1445 as that of a well-known counsel and in 1481/2 he received a grant of the manor of Sheriff Hales, Shropshire, from a Sir William Trussel as a reward for his services as counsel. He appears to have been recorder of Coventry in 1450; he was made escheator of Worcestershire, and in 1447/8 was under-sheriff of the same county; he became serjeant-at-law in 1453 and was afterwards a justice of assize on the northern circuit. In 1466 he was made a judge of the common pleas, and in 1475 a knight of the Bath. He died, according to the inscription on his tomb in Worcester cathedral, on the 23rd of August 1481. He married, about 1444, Joan, widow of Sir Philip Chetwind of Ingestrie in Staffordshire, and by her had three sons, through whom he became ancestor of the families holding the peerages of Cobham (formerly Lyttelton, q.v.) and Hatherton.
His Treatise on Tenures was probably written after he had been appointed to the bench. It is addressed to his second son Richard, who went to the bar, and whose name occurs in the year books of the reign of Henry VII. The book, both historically and from its intrinsic merit, may be characterized as the first text-book upon the English law of property. The law of property in Littleton's time was mainly concerned with rights over land, and it was the law relating to this class of rights which Littleton set himself to digest and classify. The time was ripe for the task. Ever since the Conquest regular courts of justice had been at work administering a law which had grown out of an admixture of Teutonic custom and of Norman 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 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 uniform throughout the land; 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 security of 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 Edward IV.), an immense 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 peculiar dialect compounded of Norman-French and English phrases called law French. Although it had been provided by a statute of 36 Edward III. that viva voce proceedings in court should no longer be conducted in the French tongue, "which was much unknown in the realm," the practice of reporting proceedings in that language, and of using it in legal treatises, lingered till a much later period, and was at length prohibited by a statute passed in the time of the Commonwealth in 1650. Unlike the preceding writers on English law, Glanville, Bracton and the authors of the treatises known by the names of Britton and Fleta, Littleton borrows nothing from the sources of Roman law or the commentators. He deals exclusively with English law.
The book is written on a definite system, and is the first attempt at a scientific classification of rights over land. Littleton's method is to begin with a 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 illustration of his principles. He occasionally refers to reported cases. His book is thus much more than a 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 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. Hale and Sir William 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 differences between the persons who are entitled to succeed upon the death of the person in possession or "tenant." First of all, he describes the characteristics of tenancy in fee simple. This is still as it was in Littleton's time the largest interest in land known to the law. Next in 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 series of judicial fictions a tenant in tail was enabled to convert his estate tail into a fee simple, thus acquiring full power of 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 familiar to us, but which was a judicial creation of a date later than the time of Littleton, the first book is a complete statement of the principles of the common law, as they for the most part still exist, governing and regulating interests in lands. The first book concludes with a very interesting chapter on copyhold tenures, which marks the exact point at which the tenant by copy of court roll, the successor of the villein, who in his turn represented the freeman reduced to 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 historical interest to the modern lawyer. It contains a complete statement of the law as it stood in Littleton's time relating to homage, fealty and escuage, the money compensation to be paid to the lord in lieu of military service to be rendered to the king, a peculiar characteristic of English as distinguished from Continental feudalism.
Littleton then proceeds to 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 infant heir or heiress, and the right of disposing of the ward in marriage. The non-military freehold tenures are next dealt with; we have an account of "socage tenure," into which all military tenures were subsequently commuted by a now unrecognized act of the Long Parliament in 1650, afterwards re-enacted by the well-known statute of Charles II. (1660), and of "frankalmoign," or the spiritual tenure by which churchmen held. In the description of burgage tenure and tenure in villenage, the life of which consists in the validity of ancient customs recognized by law, we recognize survivals of a time before the iron rule of feudalism had moulded the law of land in the interests of the king and the 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 graft of lands and the remedies for recovery of rent, especially the remedy by 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 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 gavelkind; joint tenants and tenants in common. Next follows an elaborate discussion upon what are called estates upon condition - a class of interests which occupied a large space in the early common law, giving rise on one side to estates tail, on another to mortgages. In Littleton's time a mortgage, which he carefully describes, was merely a 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 day, he might re-enter and have the land again. If the condition was not fulfilled, the interest of the mortgagee became absolute, and Littleton gives no indication of any modification of this strict rule, such as was introduced by courts of equity, permitting the debtor to redeem his land by payment of all that was due to the mortgagee although the day of payment had passed, and his interest had become at law indefeasible. The remainder of the work is occupied with an exposition of a miscellaneous class of modes of acquiring rights of property, the analysis of which would occupy too large a space.
The work is thus a complete 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 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 proof of this assertion. Although nothing was more opposed to ' These two books are stated, in a note to the table at the conclusion of the work, to have been made for the better understanding of certain chapters of the Antient Book of Tenures. This refers to a 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 editions "Tenores 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 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 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 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.
Bibliography. - The work of Littleton occupies a place in the history of typography as well as of law. The earliest printed edition seems to be that by John Lettou and William de Machlinia, two printers who probably came from the Continent, and carried on their business in partnership, as their note to the edition of Littleton states, "in civitate Londoniarum, juxta ecclesiam omnium sanctorum." The date of this edition is uncertain, but the most probable conjecture, based on typographical grounds, places it about the latter part of 1481. The next edition is one by Machlinia alone, probably about two or three years later than the former. Machlinia was then in business alone "juxta pontem quae vulgo dicitur Fleta. brigge." Next came the Rohan or Rouen edition, erroneously stated by Sir E. Coke to be the earliest, and to have been printed about 1 533. It was, however, of a much earlier date. Tomlins, the latest editor of Littleton, gives reasons for thinking that it cannot have been later than 1490. It is stated in a note to have been printed at Rouen by William le Tailleur "ad instantiam Richardi Pynson." Copies of all these editions are in the British Museum. In all these editions the work is styled Tenores Novelli, probably to distinguish it from the "Old Tenures." There are three early MSS. of Littleton in the University Library at Cambridge. One of these formerly contained a note on its first page to the effect that it was bought in St Paul's Churchyard on 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 translation of the Tenures, and is probably not later than 1500.
In the 16th century editions of Littleton followed in rapid 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 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 Lincoln's Inn Library.
The practice of annotating Littleton was very general, and was adopted by many eminent lawyers besides Sir E. Coke, amongst others by Sir M. Hale. One commentary of this kind, by an unknown hand of earlier date than Sir E. Coke's, was edited by Cary in 1829. Following the general practice of dealing with Littleton as the great authority on the law of England, "the most perfect and absolute work that ever was written in any human 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 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 original.
See E. Wambaugh, Littleton's Tenures in English (Washington, D.C., 1903).
Littre, Maximilien Paul Emile (1801-1881), French lexicographer and philosopher, was born in Paris on the 1st of February 1801. His father had been a gunner, and afterwards sergeant-major of marine artillery, in the French navy, and was deeply imbued with the revolutionary ideas of the day. Settling down as a collector of taxes, he married Sophie Johannot, a free-thinker like himself, and devoted himself to the education of his son Emile. The boy was sent to the Lycee Louis-le-Grand, where he had for friends Hachette and Eugene Burnouf. After he had completed his course at school, he hesitated for a time as to what profession he should adopt, and meanwhile made himself master, not only of the English and German languages, but of the classical and Sanskrit literature and philology. At last he determined to study medicine, and in 1822 entered his name as a student of medicine. He passed all his examinations in due course, and had only his thesis to prepare in order to obtain his degree as doctor when in 1827 his father died, leaving his mother absolutely without resources. He at once renounced his degree, and, while attending the lectures of P. F. O. Rayer and taking a keen interest in medicine, began teaching Latin and Greek for a livelihood. He carried a musket on the popular side in the revolution of February 1830, and was one of the national guards who followed Charles X. to Rambouillet. In 1831 he obtained an introduction to Armand Carrel, the editor of the National, who gave him the task of reading the English and German papers for excerpts. Carrel by chance, in 1835, discovered the ability of his reader, who from that time became a constant contributor, and eventually director of the paper. In 1836 Littre began to contribute articles on all sorts of subjects to the Revue des deux mondes; in 1837 he married; and in 1839 appeared the first volume of his edition of the works of Hippocrates. The value of this work was recognized by his election the same year into the Academic des Inscriptions et Belles-Lettres. At this epoch he came across the works of Auguste Comte, the reading of which formed, as he himself said, "the cardinal point of his life," and from this time onward appears the influence of positivism on his own life, and, what is of more importance, his influence on positivism, for he gave as much to positivism as he received from it. He soon became a friend of Comte, and popularized his ideas in numerous works on the positivist philosophy. At the same time he continued his edition of Hippocrates, which was not completed till 1862, published a similar edition of Pliny's Natural History, and after 1844 took Fauriel's place on the committee engaged on the Histoire litteraire de la France, where his knowledge of the early French language and literature was invaluable.
It was about 1844 that he started working on his great Dictionnaire de la langue francaise, which was, however, not to be completed till thirty years after. In the revolution of July 1848 he took part in the repression of the extreme republican party in June 1849. His essays, contributed during this period to the National, were collected together and published under the title of Conservation, revolution et positivisme in 1852, and show a thorough acceptance of all the doctrines propounded by Comte. However, during the later years of his master's life, he began to perceive that he could not wholly accept all the dogmas or the more mystic ideas of his friend and master, but he concealed his differences of opinion, and Comte failed to perceive that his pupil had outgrown him, as he himself had outgrown his master Saint-Simon. Comte's death in 1858 freed Littre from any fear of embittering his master's later years, and he published his own ideas in his Paroles de la philosophie positive in 1859, and at still greater length in his work in Auguste Comte et la philosophie positive in 1863. In this book he traces the origin of Comte's ideas through Turgot, Kant and SaintSimon, then eulogizes Comte's own life, his method of philosophy, his great services to the cause and the effect of his works, and finally proceeds to show where he himself differs from him. He approved wholly of Comte's philosophy, his great laws of society and his philosophical method, which indeed he defended warmly against J. S. Mill, but declared that, while he believed in a positivist philosophy, he did not believe in a religion of humanity. About 1863, after completing his Hippocrates and his Pliny, he set to work in earnest on his French dictionary. In the same year he was proposed for the Academie Frangaise, but rejected, owing to the opposition of Mgr. Dupanloup, bishop of Orleans, who denounced him in his Avertissement aux peres de famille as the chief of the French materialists. He also at this time started with G. Wyrouboff the Philosophie Positive, a review which was to embody the views of modern positivists. His life was thus absorbed in literary work till the overthrow of the empire called on him to take a part in politics. He felt himself too old to undergo the privations of the siege of Paris, and retired with his family to Britanny, whence he was summoned by M. Gambetta to Bordeaux, to lecture on history, and thence to Versailles to take his seat in the senate to which he had been chosen by the department of the Seine. In December 1871 he was elected a member of the Academie Frangaise in spite of the renewed opposition of Mgr. Dupanloup, who resigned his seat rather than receive him. Littre's Dictionary was completed in 1873. An authoritative interpretation is given of the use of each word, based on the various meanings it had held in the past. In 1875 Littre was elected a life senator. The most notable of his productions in these years were his political papers attacking and unveiling the confederacy of the Orleanists and legitimists, and in favour of the republic, his republication of many of his old articles and books, among others the Conservation, revolution et positivisme of 1852 (which he reprinted word for word, appending a formal, categorical renunciation of many of the Comtist doctrines therein contained), and a little tract Pour la derniere fois, in which he maintained his unalterable belief in materialism. When it became obvious that the old man could not live much longer, his wife and daughter, who had always been fervent Catholics, strove to convert him to their religion. He had long interviews with Pere Milleriot, a celebrated controversialist, and was much grieved at his death; but it is hardly probable he would have ever been really converted. Nevertheless, when on the point of death, his wife had him baptized, and his funeral was conducted with the rites of the Catholic Church. He died on the 2nd of June 1881.
The following are his most important works: his editions of Hippocrates (1839-1861), and of Pliny's Natural History (1848-1850); his translation of Strauss's Vie de Jesus (1839-1840), and Miiller's Manuel de physiologie (1851); his edition of the works of Armand Carrel, with notes (1854-1858); the Histoire de la langue francaise, a collection of magazine articles (1862); and his Dictionnaire de la langue francaise (1863-1872). In the domain of science must be noted his edition, with Charles Robin, of Nysten's Dictionnaire de medicine, de chirurgie, &c. (1855); in that of philosophy, his Analyse raisonnee du tours de philosophie positive de M. A. Comte (1845); Application de la philosophie positive au gouvernement (1849); Conservation, revolution et positivisme (1852, 2nd ed., with supplement, 1879); Paroles' de la philosophie positive (1859); Auguste Comte et la philosophie positive (1863); La Science au point de vue philosophique (1873); Fragments de philosophie et de sociologie conteyiporaine (1876); and his most interesting miscellaneous works, his Etudes et glgnures (1880); La Verite sur la mort d'Alexandre le grand (1865); Etudes sur les barbares et le moyen age (1867); Medecine et medecins (1871); Litterature et histoire (1875); and Discours de reception a l'Academie francaise (1873).
For his life consult C. A. Sainte-Beuve, Notice sur M. Littre, sa vie et ses travaux (1863); and Nouveaux Lundis, vol. v.; also the notice by M. Durand-Greville in the Nouvelle Revue of August 1881; E. Caro, Littre et le positivisme (1883); Pasteur, Discours de reception at the Academy, where he succeeded Littre, and a reply by E. Renan. (H. M. S.)
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Chisholm, Hugh, General Editor. Entry for 'Sir Thomas de Littleton'. 1911 Encyclopedia Britanica. https://www.studylight.org/encyclopedias/eng/bri/s/sir-thomas-de-littleton.html. 1910.
