in as much as it is proportionate to the utility of mankind." Bracton used these works as a basis for his legal philosophy. Certain Latin terms, such as "corpus et animus" (body and soul) being necessary for possession under the law, are seen in Bracton that would appear to be ecclesiastical in origin. Based on Bracton's notes and writing, Pollock and Maitland believe that he was neither a courtly flatterer nor a champion of despotic monarchy. At other times, he may be accused of distorting: "sed et quod principi placuit." Bracton's work became the basis for legal literature of Edward I of England. Gilbert Thornton, the chief justice of the king's bench made an epitome of it. This has been lost. The earliest mention of Roman Law in the Common Law of England is found in 1237–1238, discussing a question of whether a palatinate can be partitioned among co-heirs. The justices could find no precedent for such a thing in English law, nor in the Magna Carta, nor in Roman Law (in iure scripto), therefore, they adjoined (delayed) their decision. In Bracton's time, it had been determined that the Emperor of the Holy Roman Empire was deemed to be a subject of the King of England while in England: Ricardus Rex Alemanniae (Rex Romanorum semper augustus) was impleaded for novel disseisin. Bracton studied the form of the original writs. He procured, for his own use, complete transcripts of the pleadings in selected cases. These were used to write his treatise on the law. He was also the first to offer commentary on the cases he wrote about. In this way Bracton was modern; he criticised and praised various decisions. He called those who were a generation before him, his "masters". The cases he wrote about were at least twenty years older than his book. His writing is not like a modern legal treatise comparing case results. There is no concept of case law as one would find in a modern text book. He selected cases and wrote a general description of what the law should be in a given set of circumstances. There was no real stare decisis. He gave descriptions of what the decision should be in hypothetical fact situations, without mention of actual cases. He also included many sample writs for various situations. Bracton chose cases based on his admiration for the judges involved, and wanted to make