Welcome to Middle Temple Library’s exhibition on The Evolution of the Law Report.
The Law Report
The law report is a document used daily in the workings of the legal profession. An authoritative piece of work, it both records precedent-setting judicial decisions, as well as informing decisions through the precedents recorded within.
Today we know the law report as a structured document that can be presented in court to support pleadings, but the recording of the law hasn’t always been so standardised and consistent. The documentation of law has changed with the law itself and the social landscape.
This exhibition seeks to look at those elements in the evolution of law reporting that have brought about the document we recognise today.
Plea Rolls
The law report as we know it would not emerge until the 19th century, but records of legal proceedings existed from much earlier. Plea Rolls were hefty rolls of parchment that formally recorded pleadings. The record-keeping was divided by the four legal terms and written in Latin.
The aim of the rolls was to record decisions to prevent subsequent litigation on the same matter, a process we now know as res judicata. Though useful, what was lacking in the plea rolls was the reasoning behind the recorded decisions, something that would begin to make a presence in later reporting.
The Year Books
Regular reporting really began in 1189 with the transcription of plea rolls and into year books. Though regular is rather misleading as the year books do have some irregularity in their printing. Dating from the Norman period to the Tudor age, the Year Books were written in Anglo-Norman French.
They contained anonymously written notes and judgments on cases overseen by the King’s Justices in Westminster Hall and on their Eyres. Year books were still not quite as sophisticated the modern report, but they did contain judicial opinion as well as decisions.
Their purpose was not to offer precedents in subsequent cases, but rather instruction on how best to argue a case. They were also relevant enough that later on law reporters would select certain cases for printing to be published under their own names.
It is in these publications and subsequent reprints and translations that we can find the Year Book cases. There is speculation that there may still be manuscript Year Books left in private collections, unbeknownst to the owner.
The Year Books contained information on the proceedings of the case, such as the facts and the judgment, but there was a lack of structure from case-to-case and, unlike the reports of today, no real judicial reasoning contained within as can be seen in the example on display.
Manuscript to Print
The real precursor to the modern report was probably to be found in privately kept manuscripts that contained notes on cases and decisions. Many of these would be published decades after being written, creating an accessible collection of early law reporting. These were not the only manuscripts of course. There were more current ones too, circulated between select practitioners—knowledge being key to success and business. But there was no intention to open up current law awareness.
The legal profession was a learned one, acumen gained through observation and discussion with peers, through oral tradition as established by the Inns of Court. Not everyone had a desire for improving access to the rulings in court, or putting the law into writing. However, this would change with the arrival of the printing press.
The arrival of the printing press in the 15th century would allow the contents of private manuscripts to become more widely accessible, bringing to light decades-old cases. Manuscripts of newer cases would also continue to circulate, as there was always going to be interest in current decisions, but moveable type would encourage structure and clarity, as well as help to cement the idea of authoritative reports. Most of all, it would shift legal learning towards a more textual space, as well as level the playing field in terms of access to reported cases.
Reports in Bancus Regis, 43 Eliz.-10 Jac., 1612-1664?
From the George Treby collection, this manuscript features cases from the King's Bench. Written mainly in Law-French, the manuscript also contains an index and list of rolls for special cases and the last few leaves include cases with counsel's opinions.
Reports of cases adjudged in the Court of King's Bench: from the first to the sixth of King William and Queen Mary, 1694
This 17th century manuscript is authored by Sir Giles Eyre and includes an index for ease of referring back to the contents.
Reports of adjudged cases in the Courts of Chancery, King's Bench, Common Pleas and Exchequer: 4 Geo II-29/30 Geo II, 1730-1757
This 18th century manuscript is from the Gibbs collection. The author has laid out the legal terms and recorded the cases in neat digest format. There is an index at the back of the volume.
Notes of cases heard at the Old Bailey, 1765-1769
From the Gibbs collection, this 18th century manuscript records, as the title suggests, notes of cases heard at the Old Bailey. This and other manuscripts in the Library collection are part of an effort to contribute towards a better understanding of legal history through indexing transcription.
Reading the past and building on our knowledge of legal history
Middle Temple Library tries to host annual internships where the Library can contribute towards the interest of future scholars and also benefit from their interest in our collections. The two items above feature in intern Jack Alphey's work with the Library. An index for Notes of cases heard at the Old Bailey, 1765-1769 constructed by Jack Alphey can be found here.
The Privilege to Print
It is no surprise to anyone involved with the legal profession that access to legal information is not always easy and not always cheap. This was no different in the beginnings of law reporting. Though medieval manuscripts were in circulation, they were scarce and the access was limited to a few.
Despite resistance, the printing press would change this, allowing for wider circulation through reproduction, as well as reprints of popular and respected works. But not everyone could just decide to start putting manuscripts into printed form. In the early days of legal printing, the privilege to print had to be granted.
Richard Tottel (d.1594)
Richard Tottel was a legal publisher who had a shop on Fleet Street at Temple Bar. He received two seven-year patents and then another for life allowing him to publish legal works. He was the sole publisher of law documents until he died, thanks to a royal patent granted by Elizabeth I.
Upon his death, after a short period of legal battles, the exclusive patent was dissolved and was opened to anyone to publish common law materials. This, of course, led to an increase in the number of law reports published.
Despite Tottel’s considerable contribution to legal publishing, he is most well known for his Songes and Sonettes, or Tottel's Miscellany, an anthology of English poetry published in 1557.
Cy ensuont ascuns nouel cases, collectes per le iades tresreuerend iudge, mounsieur Iasques Dyer, chiefe Iustice del common banke. Ore nouelment publies & imprimies, 1592
First published in 1585, this volume is also commonly known as Dyer's Cases, or Ascuns Nouel Cases. Written in Law-French, as its colophon records, this volume was printed in the heart of legal London in Fleetestrete within Temple Barre by Richard Tottyll. This volume is from the original bequest by Middle Templar and founder of the Library, Robert Ashley.
The abridgement of the booke of assises, lately perused ouer, and corrected, [and] nowe newely imprinted by Richard Tottill the last day of September. Anno do. 1555. Cum priuilegio
Written in Law-French, this volume contains an alphabetical abridgment of selected cases ranging from Edward I through Edward IV. The colophon for this shows it was published in Flite-strete within Temple barre, at the signe of the hande and starre by Richard Tottell.
Herein is conteined the booke called Nouæ narrationes, the booke called Articuli ad Nouas narrationes, and the booke of diuersitees of courtes, 1561
This volume was another that was imprinted in Fleetestrete within Temple Barre by Richard Tottyll. It contains some anonymous contemporary marginalia.
Legalese: the language of the law
We know what a frustration it is when consulting European cases and not always finding them in English, but going back in history English was not the language of the courts and documentation until the mid-18th century. Conquest brought many new things to the shores of England, including ideas about legal codification and language. It was the Pleading in English Act 1362 that established all court pleadings should take place in English and the Proceedings in Court of Justice Act 1730 would make English the obligatory language in the courts of England for both pleading of cases and written records.
Though, before English became the official language, oftentimes cases that were considered important enough to be shared with the general public were also written in English. This can be seen from Calvin’s Case in Coke’s Reports (Part 7, Trin. 6 Jacobi, 1) which looks at the legal status of Scots post the ascension of James VI and I. The year 1641 would see the first law reports printed entirely in English.
Latin
1066 and the Norman conquest saw not only the introduction of French words into the English language but also the encoding of English law in both French and Latin, following the legal stylings of the Normans. However, it was Latin that overall enjoyed a more prominent role as it was the language used by the royal court for plea rolls and writs.
The problem Latin posed was that the language of pleadings and the common person was still in English, creating a disparity between the lawmakers and the people. Ultimately Latin would give way to the lingua franca, but not without leaving an indelible mark. Latin may no longer record the law, but Latin
Law-French
Law French was used in the courts of England from the 13th century, mostly by judges and lawyers. Its roots were in the general usage of French amongst the upper classes, but the Law-French of writing was quite different from the spoken form, a mish-mash of French, Latin, and Anglo-Saxon.
Its usage would decline over time and by the 14th century, it was criticised as an obstacle for those who wished to enter the legal profession. Much like Latin, Law-French would not remain the choice of language for law reporting, but French influence remains through many words still used in the legal profession.
The LAW-French dictionary ... to which is added the Law-Latin dictionary, 1718
Written to aid students with deciphering Year Books, this Law French dictionary also has a section for Latin words to help with pleadings.
Les commentaries, ou reports de Edmund Plowden vn apprentice de le common ley, de diuers cases esteant matters en ley, & de les argumentes sur yceux, en les temps des raigns le roy Ed. le size, le roign Mary, le roy & roign Ph. & Mary, & le roign Elizabeth, 1588
This is an example of an early law report printed in Law-French. This particular collection of cases was so successful it was reprinted several times, including an English edition (The commentaries, or reports of Edmund Plowden of the Middle Temple, Esq). This volume is another item from a bequest by the founder of the Library, Robert Ashley.
Un géneral table, à touts les several liures de les reports de, 1618
This small volume is a digest of Coke’s Reports, also known simply as Table of Cases. First published in 1606, it proved a popular title and saw further reprints both in Law-French and in English.
The Nominates
The nominates refers to hundreds of different law reports published from the 16th century, up to 1865. It is likely they are referred by the term nominates based on the Latin for naming/calling (nominitandus), as each report is identifiable by the name of the reporter responsible for it. The Handbook of English Law Reports, 1913 provides a catalogue of all nominate reports published, up to 1865. The nominates sit on the open shelves of Middle Temple Library. Although hundreds of years old, reports from this time are still often still utilised in cases today.
The Big Wigs
There are many names synonymous with law reporting, especially when we go back to the early reports when the idea of authoritative and trustworthy reporting begins to take form, but Coke, Dyer and Plowden can be considered the cream of the crop. Their collections of reports were not only seen as reliable but also exerted an influence on law reporting of the future.
Sir James Dyer (1510-1582)
Middle Templar, Judge, Chief Justice of the Court of the Common Pleas and Speaker of the House of Commons, Sir James Dyer had a profound influence on the legal sphere. His three main volumes of works, comprising of cases from 1512 to his death in 1582, were published posthumously and were widely regarded as excellent work. He was the first to set the standard for what law reporting should look like.
Un abridgement de touts les cases, reportes per Mounsier Iasques Dyer. Ore novelment imprimee, 1609
This 99 page book is an abridgement of Dyer’s Ascuns Novel Cases (see Case 2). Abridgements became popular in the 17th century and were a more systematic way of finding case law about a particular area of law. This is one of two copies from the Library collection, one of which, based on an armorial stamp that has been identified as his coat of arms, was formerly owned by English politician John Scudamore, 1st Viscount Scudamore.
Sir Edmund Plowden (1518-1585)
Middle Templar and one-time Master Treasurer, Sir Edmund Plowden was a successful lawyer on an upwards path during the reign of Mary I. However, his Catholicism would see the end to career ascension under Elizabeth I, though, the Queen did offer him the role of Lord Chancellor, turned down by Plowden who sensed the potential for a conflict of interests.
Plowden brought true innovation to law reporting. He was commended for his accurate law reporting in his compilation of important cases. His volume of law reports broke away from the typical Year Book tradition by prefacing each report with a transcription of the case from the record and proceeding to comment critically on the arguments presented. He was also the first law reporter to have his reports published during his lifetime.
Cy ensuont certeyne cases reportes, per Edmunde Plowden, 1584
This key law report belonged to Robert Ashley whose annotations you can see within. This volume is another that was imprinted in Fleetestrete within Temple Barre by Richard Tottyll.
Sir Edward Coke (1552-1634)
Inner Templar, solicitor-general, attorney-general, Chief Justice of the Common Pleas and the King’s Bench, Sir Edward Coke had a fruitful legal career. He published 11 volumes of his law reports, influencing several generations of students. Coke believed that the reporting of cases was the most comprehensible way of teaching the correct rule and reason of law (Coke’s Reports, Part 6, Preface, xvii).
Coke was a respected figure and key player in the development of English law. He conducted several treason trials including those of Sir Walter Raleigh and the Gunpowder Plot conspirators.
Les reports de Edvvard Coke L’attorney general le Roigne, 1602
This key law report belonged to Robert Ashley. Within the pages, you can see many descriptive annotations written in his hand and possibly also another unknown second hand.
Hæc epitome undecim librorum relationum honoratisssimi et docti viri Edvardi Coke..., 1640
This volume is a first edition digest of Coke's Les Reports (or The Reports) and is from a sizeable donation of books by The Right Honourable Lord Phillimore of Shiplake. Though there is some English and Latin to be found within this volume, it is primarily published in Law-French.
Coke’s reputation is such that his reports can simply be referred to as Les Reports, but as learned and respected as he was, he was dismissed from office due to, amongst other charges, errors in The Reports.
The Anatomy of a Law Report
The base structure of a law report has changed significantly over the centuries. Prior to standardisation in 1865, whilst there were many similarities in the field, each reporter had their own take on how to structure a report.
From 1592, to 1849, to 2021, we see several changes in reporting styles. The earlier reports immediately started with the facts and judgment of the case, whereas modern reports provide a summary before detailing more in-depth reporting.
Falling Behind Standard
Widespread dissatisfaction with the state of law reporting arose as early as the mid-eighteenth century. Reports were often falsely attributed, anonymous, or printed posthumously, and cases were collected years after they were adjudged, bringing into question their accuracy. In one such instance, the cases in New Benloes date back to 1531, whilst the book was published in 1661, long after his death in 1584. Many reports were also written for personal use and were never intended to be printed and read by an audience.
During this time, there were instances of judges forbidding the citation of certain law reports or publicly criticising law reporters and dubbing them as inaccurate. The mid-seventeenth century also saw a huge increase in the publishing of law reports, partially due to the state of the printing press which John William Wallace dubs the “minister of frauds,” and also due to the dissolvement of the exclusive patent in 1594, both of which significantly increased the quantity of law reports, but not necessarily the quality. Given the reliance of precedent in English common law, ensuring the reports’ authenticity was of the upmost importance.
Speciall and selected law-cases concerning the persons and estates of all men whatsoever. / collected and gathered out of the reports and year-books of the common-law of England, 1648
This work is a great example of the need for standardisation. These cases were selected for this particular volume from other law reports and Year Books, but for reasons unknown to the reader. What was the criteria for choosing each case? The author of this compilation is also unknown, making it even harder to determine what the selection process looked like. Was the author a well-respected lawyer with a good reputation?
Setting A New Standard
This all came to a head in 1864, during a general meeting of the Bar which took place at Lincoln’s Inn. This meeting resulted in the creation of the Incorporated Council of Law Reporting which was to be composed of members of the Inns of Court and the Law Society.
Law reporting was standardised and initially divided into just 11 different series (later becoming 6, following the reorganisation of the courts). Also laid out were the features of what a law report should contain. There have been minor developments since this time, but it is from this period on that we see the law report of today take its proper shape.
Digitisation
In the 1990’s the ICLR worked with Context Ltd (later becoming Justis) to digitise archival law reports, called the Electronic Law Reports. The ICLR thereafter began to license to other providers, such as Westlaw and Lexis. Digitisation and the reporting of cases online allowed for a far swifter publication timeline. However, many law reports are kept behind a hefty paywall with these subscription-based databases, highlighting a need for free access. With the introduction of sites like BAILII, WorldLii and Find Case Law via the National Archives, this need was alleviated somewhat, although many cases remain restricted.
The Future of Law Reporting
Even with the advent of computing no one could really predict the impact of the Internet on legal research. For a time, information was still restricted and in containment, available on floppy discs or CD drives or the hard drive of the machine.
The Internet however did away with those limitations, introducing THE CLOUD. Being able to connect to servers globally would mean access anywhere and anytime. The Internet would do what the printing press did to the law report, revolutionising access and availability.
Law reports, as well as other legal documents, can be downloaded from a multitude of resources, both free and subscription. All that is required is a connection.
Artificial Intelligence is the next advent. Though AI has been around for quite a while, it is now gaining more traction. Its pitfalls are well documented, especially in regards to hallucinated information, but surely the advantages of AI in the legal world are also on the horizon.
What we do know for sure is that the law report, a document close to a thousand years in use, will continue to find its importance in the legal world and beyond.