An understanding of English legal primary sources is important for proper research in English legal history. These are general sources in English law, including statutory sources and case reports, and treatises before 1865, surveys of English legal history during certain periods, contemporary works as well as bibliographies. There are many of these sources available generally, so only a few are listed here. More can be found doing a subject search in most library catalogs using words such as Law-Great Britain (or England).
English statutes were not always printed in full. There still is no "official" publication for English statutes, such as found with the American Statutes at Large. For the earliest laws of England, The Statutes at Large by Ruffhead (to 1799) and The Statutes of the Realm (to 1713) are the best sources. Pickering's Statutes at Large, and Chitty's Statutes also cover the same time periods and go beyond, into the 19th century, but Chitty's is selective, not inclusive. Other sets of statutes cover the 19th century into the modern era. The various publications of statutes are listed below in order by period covered. When using these editions, the researcher should stay with a particular edition as much as possible. Statute citations are not always the same from source to source.
English statutes are cited by the year of the reign of the sovereign (king or queen) in Latin, followed by a chapter and/or section; thus: 10 W. & M. c.3 is the 10th year of the reign of William & Mary, chapter 3. A conversion for regnal years is available in Special Collections.
There are numerous digests of the laws of England, and most organize the legal terms in alphabetical order by subject. They are often the only sources of cases and statutes for a particular subject. Some digests and abridgements also cite other digests, as well as earlier abridgements and specific treatises on specific subjects. The 3 most useful digests and abridgements are listed here. When using early editions of these digests and abridgements, be aware that the English language has changed through the centuries, and that Law French, Latin, or even Norman French, and old English may be in use. One digest compiler may list "family law" under "husband and wife," while another compiler will list it under "baron and femme." Use a variety of synonyms and check for misspellings: The earlier the print, the further away from modern English you are, and there are always printing mistakes in early printed materials. Some of these digests are now available online through The Making of Modern Law, or Early English Books Online.
Until the 19th century, reporting on court cases was done at the whim or interest of a judge, lawyer or layman. Reporters were often lawyers or judges who would sit in on a particular case, or stick to reporting on a particular court or even during a particular judge's tenure. As a result, many cases were either under-reported, reported by more than one reporter, or not at all. Sometimes they were printed by more than one publisher, or not at all. The reports printed until 1865 became known as The Nominatives, because they were printed under the name of the person doing the reporting, i.e.,Burrows' Reports, Vesey's Reports, etc.
Many of the Nominatives are available in various original editions under the names of the reporters. Quite a few still exist only in manuscript format, originally written or copied over, mostly stored at the Public Records Office the British Library. The printed reports have been reprinted many times, separately, or in series, such as Common Law Reports. The best and most complete sets of these reports, however, are The English Reports, listed below. It includes a two-volume index of cases, and a small bound index to each English Reports volume for the original reports by reporter's name. The English Reports are also available online through HeinOnline or LLMC Digital.
Another set of original English law reports was microfilmed, and includes a guide and index of original reporters. The two sets of reports overlap extensively, but there are reports in both sets, which exclude one from the other. A Guide to Abbreviations used with the Nominatives, and their availability in reprint or microfilm is available in Special Collections.
Another set of printed reports is The Common Law Reports. If a case or a reporter is not found in The English Reports, or The Common Law Reports, try the microfilm set. A cross-reference index of all printed Nominatives in the reprint set, original editions and the microfiche set exists in the Special Collections & Archives Department. It is a guide to abbreviations used (i.e., burr. becomes Burrow), and whether the original nominative is available in reprint form and/or microfiche. This guide can help prevent headaches when searching for a reprint/microfilm copy of an original report.
The Selden Society has also reprinted specific reports in their Selden Society Series. They are not listed below, but you can check the Guide to the Selden Society Publications, which usually accompanies the set. There are other special reprints or editions of cases not necessarily found in the above.
These are the early law reports for medieval England, dating to around 1268 through 1535, overlapping the earliest Nominatives. Though many of the Year Books have been reprinted, and even translated, some remain in original manuscript formats. Some of the first printed editions have now become rare and difficult to find, or have been reprinted. A few are listed below. The Selden Society and the Ames Foundation have reprinted a good number of them.
These are very early records, called rolls because they were sheets of vellum or paper rolled up in scrolls, for ease of storage and transportation. They were the hand-written recordings of the courts. Short and scant in details, they are often the only records of any case. Many of the rolls are still in their original manuscript formats, many at the British Museum or the Public Records Office in London, but some have been printed and reprinted, and a few have been translated, and some are now available on the Internet. A few are listed below. For more information on getting access to some of these obscure but valuable sources of information, contact the Special Collections Librarian.
Below are listed some of the collections of trials that have been printed to either focus on famous trials, or gather materials on trials unavailable in the English Reports:
Many individual trial proceedings are also available in original editions, but mostly either in microfilm, or in a variety of online databases, such as The Making of Modern Law, Early English Books Online, The Making of the Modern World, HeinOnline, Old Bailey sessions Proceedings and LLMC, to name a few. To find those available at Georgetown, search the Library's catalog under the subject TRIALS, or individual defendant names. You can also find them online at various web sites through Google and Yahoo. Below are listed just a few examples.
