Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/226

 212 //. FROM THE llOO'S TO THE 1800'S tenant en autre droit, by which the remainderman is driven to an action ; the rules as to this bear some analogy to the civilian doctrines of usurpatio possessionis, and Coke himself in one place uses the term " usurpations " in connexion with discontinuances.^ Secondly, the Roman law as to collatio bonorum, ^ by which emancipated children, wishing to share in intestacy, must bring their property into the stock to be divided, seems to have suggested the custom of London as to " hotchpot," and part of the subsequent Statute of Distribu- tions,^ and Coke expressly says, " this is that in effect which the civilians call collatio bonorum." ^ A study of Coke's Institutes suggests that the Common lawyers of the time expressly repudiated the Civil law as an authority in the King's courts, or even as the parent of the existing Common law. Coke occasionally notes the agreement or disagreement of the two laws, but with such inaccuracy as to show that his own knowledge of the Civil law was slight. The working out of an Equitable Jurisdiction, and the deci- sions of the Ecclesiastical and Admiralty Courts were build- ing up systems largely of Civilian origin ; but in the Common law, the influence of Roman law has rather retrograded than advanced since the time of Bracton. ... Summary of Roman Law in Text-writers We have thus dealt with the position with regard to the Roman Law occupied by leading text-writers and authorities from the time of Bracton. Glanvil is comparatively free from any Roman influence. Bracton has incorporated into his book substantial portions of Roman matter, which are repro- duced by Fleta, and in a less intelligent way by Britton. These Roman incorporations are cited without comment by Staunford, and are used by Cowell to show the similarity of the two laws. Coke also cites them, without any allusion to their Roman character, while he claims no authority in the realm for the Roman Law and is indeed a vigorous advocate » Dig. 37, 6. Cod. 6, 20. Hunter, It. L. p. 663. » 22 and 23 Car. II. c. 10 § 5. * C. i. 177, a.