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32 - John Bryt's Reports and the Year Books of Henry IV

from PART V - Legal Literature

Published online by Cambridge University Press:  05 December 2014

John Baker
Affiliation:
University of Cambridge
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Summary

The anonymity of the year books has puzzled historians for over a century, and generated an extensive literature. Contemporary users of the year books cannot have been much interested in the identity of their authors; and this in itself is a historical fact of some interest. By 1600 there was an obvious difference in quality and authority between the reports of judges, or distinguished lawyers such as Plowden, and the scrappy notes of students below the bar. Both kinds of report circulated in manuscript, but their users were well aware of their relative merits and took notice of the reporters' identities. Why, then, did the medieval lawyer not show the same interest in names? Was it because the production of year books was so much a collaborative effort that identification of individual reporters would have been meaningless? Or was it, on the contrary, because so few reporters were involved that everyone knew who they were? Or was there simply no notion of authority, either legal or historical, to which the reporters' qualities might be relevant? In other words, were the reports evaluated merely on their intrinsic merits as books of potential arguments and procedural moves?

The last point may be nearest the truth. Argument in court in the year-book period seems very rarely to have turned on the authenticity of a report.

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