Rare Books Blog

February 8, 2011


Abraham Fraunce, 1559-1592/93. The lawiers logike, exemplifying the praecepts of logike by the practise of the common lawe (London, 1588). Rare Book Collection, Lillian Goldman Law Library; gift of Mary Kane Blair in memory of Waring Roberts, Law 1940.


Abraham Fraunce was called to the bar at Gray’s Inn and practiced law in Wales, but is better known as a minor poet and rhetorician. A member of Sir Philip Sidney’s circle, his works summarized classical and continental writers for English readers. In The Lawyers Logike, Fraunce applied French understandings of rhetoric and logic to the practices of English common lawyers to show that law and logic, when properly applied, could work together. In the introduction to the text he wrote:

If Lawes by reason framed were, and grounded on the same;

If Logike also reason bee, and thereof had this name;

I see no reason, why that Law and Logike should not bee

The nearest an the dearest friends, and therefore best agree.

     – Justin Zaremby


“Life and Law in Early Modern England,” an exhibition marking the Centenary of the Elizabethan Club, is curated by Justin Zaremby with Mike Widener, and is on display February-May 2011 in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library Yale Law School.


February 8, 2011

Edmund Plowden, 1518-1585. A treatise proveinge that if or soveraigne ladye Elizabeth … should dye without issue, that the Queene of Scotte is nott disabled by the lawe of England, to receyue the crowne of Englande by descent [before 1676]. Rare Book Collection, Lillian Goldman Law Library; acquired with the John A. Hoober Fund.


Edmund Plowden rose to prominence as a lawyer under the reign of Queen Mary and became well-known as a law reporter. In 1566, probably in response to a request from the Duke of Norfolk, Plowden wrote this defense of Mary Stuart’s claim to the English throne as Elizabeth’s successor. He based his claim on the fact that the English throne passed by inheritance and that because the maxims of the common law, which applied to natural bodies, did not apply to political bodies, Mary’s foreign birth did not invalidate her claim to the throne. Moreover, he noted that Mary’s accession would not lead to English subjugation by the Scots given the traditional homage shown by the Scots to the English. His argument was proven correct when, as he foresaw, the Stuart kings chose to rule from England, instead of from Scotland.

     – Justin Zaremby


“Life and Law in Early Modern England,” an exhibition marking the Centenary of the Elizabethan Club, is curated by Justin Zaremby with Mike Widener, and is on display February-May 2011 in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library Yale Law School.


February 8, 2011

 


William Cecil, First Baron Burghley, 1520/21-1598. The execution of justice in England for maintenance of publique and Christian peace (London, 1583). Rare Book Collection, Lillian Goldman Law Library; acquired with the Yale Law Library Patrons Fund.


Lord Burghley served as Queen Elizabeth’s Secretary of State and eminence grise. Trained as a lawyer, much of his public career was dedicated to ensuring the stability of the Queen’s reign in the face of numerous crises, among them being the lack of a clear successor to the throne and Catholic conspiracies to overthrow Elizabeth. In his 1583 work on The Execution of Justice, Burghley, masquerading as a loyal Catholic, defended the persecution of Catholics as a matter of state policy. Following the excommunication of the Queen in 1570, and the Pope’s demand that all loyal Catholics deny her legitimacy, Burghley claimed that the Queen could, according to political need, persecute Catholics. The work was translated into Dutch, French, Italian, and Spanish.

     – Justin Zaremby


“Life and Law in Early Modern England,” an exhibition marking the Centenary of the Elizabethan Club, is curated by Justin Zaremby with Mike Widener, and is on display February-May 2011 in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library Yale Law School.

February 8, 2011

Sir Francis Bacon, Viscount St. Albans, 1561-1626. Essayes. Religious meditations. Places of perswasion and disswasion. Seene and allowed (London, 1597). Collection of the Elizabethan Club of Yale University; gift of Alexander S. Cochran, December 1911.


Sir Francis Bacon, Viscount St. Albans, 1561-1626. The elements of the common lawes of England (London, 1630). Rare Book Collection, Lillian Goldman Law Library; acquired with the John A. Hoober Fund.

 


Francis Bacon, Viscount St. Albans, had an illustrious career as a writer, philosopher, and politician. The son of Lord-Keeper Nicholas Bacon, he studied at Trinity College, Cambridge and was called to the bar at Gray’s Inn. Through the patronage of the Earl of Essex, Bacon entered parliament, but, due to his outspoken criticism of Queen Elizabeth, failed to secure prize appointments, with his life-long rival Edward Coke instead being appointed Elizabeth’s Attorney General. His opportunities improved under James I, when he was appointed Solicitor General and later Lord Chancellor.

As Lord Chancellor Bacon argued strenuously for the King’s prerogative, claiming at times that such prerogative came not from the common law, but instead from absolute right. Following his defense of prerogative in the face of parliamentary discontent, and allegations of bribery, Bacon was ultimately impeached. Because of his published works, Bacon ranks among the most important early modern philosophers.

     – Justin Zaremby



“Life and Law in Early Modern England,” an exhibition marking the Centenary of the Elizabethan Club, is curated by Justin Zaremby with Mike Widener, and is on display February-May 2011 in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library Yale Law School.



February 5, 2011


Jonas Adames. The order of keeping a court leete, and court baron (London, 1593). Rare Book Collection, Lillian Goldman Law Library; acquired with the John A. Hoober Fund.


As early as the thirteenth century, sheriffs and stewards could turn to a series of manuscripts that explained the procedures of local courts. While legal treatises by figures such as Bracton and Glanvill offered larger discussions of the common law, these smaller treatises were focused on practical matters. Following the invention of the printing press, the ease with which these guides were distributed helped standardize judicial institutions across the country. Adames’s 1593 guide is the earliest of such manuals to appear in English instead of Latin. His guide reflected changes to the judicial system under the Tudors, explaining details of both common law and statutory law.

    – Justin Zaremby


“Life and Law in Early Modern England,” an exhibition marking the Centenary of the Elizabethan Club, is curated by Justin Zaremby with Mike Widener, and is on display February-May 2011 in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library Yale Law School.



February 2, 2011


English law not only underwent deep changes in the late sixteenth and early seventeenth centuries, but also played a leading role in politics and culture. “Life and Law in Early Modern England,” a new exhibit from the Lillian Goldman Law Library and Yale’s Elizabethan Club, illustrates this period with works drawn from the rare book collections of both institutions.

The exhibit is on display February-May 2011 in the Rare Book Exhibition Gallery, located on Level L2 of the Lillian Goldman Law Library, Yale Law School, 127 Wall Street. The exhibit is open to the public, 9am-10pm weekdays, 10am-10pm weekends. It will also be available online, here in the Yale Law Library Rare Books Blog.

The exhibit was curated by Justin Zaremby, a 2010 graduate of the Yale Law School, assisted by Mike Widener, Rare Book Librarian at the Lillian Goldman Law Library.

“Life and Law in Early Modern England” is part of the year-long Centenary celebration of the Elizabethan Club, founded in 1911 as a meeting place for conversation and discussion of literature and the arts. The Club’s website has a calendar of Centenary events.

In conjunction with the exhibit, the Law Library and Elizabethan Club are sponsoring a public lecture by Professor Josh Chafetz (Law ‘07) of Cornell Law School, entitled “ ‘In the Time of a Woman, Which Sex Was Not Capable of Mature Deliberation’: Late-Tudor Parliamentary Relations and Their Early-Stuart Discontents.” The lecture will take place February 24 at 6:15pm in Room 127 of the Yale Law School, 127 Wall Street.


In his introduction to the exhibit, Zaremby writes, “The occasion of the Club’s Centenary provides the opportunity to bring together two impressive collections of early modern texts at Yale to illustrate a rich moment in English legal history.” The books and manuscripts on display date from 1570 to the 1670s. They include guides to legal practice, textbooks, a play performed at an Inn of Court, and works dealing with church-state relations, legal philosophy, court jurisdiction, and the claim of Mary Queen of Scots to the English throne. Among the authors included are several of the era’s leading figures, such as Francis Bacon, Francis Beaumont, Lord Burghley, Edward Coke, and John Selden.


Illustration: Sir Edward Coke (1552-1634), Les reports de Edvvard Coke l’attorney generall le Roigne (London, 1601?). Rare Book Collection, Lillian Goldman Law Library; acquired with the Ford Motor Company Fund.


February 2, 2011

The late sixteenth and early seventeenth centuries saw a series of important legal debates in England. Under the reigns of Queen Elizabeth and the first two Stuart monarchs, James I and Charles I, lawyers, parliamentarians, and members of the court argued over the relationship between common law courts and equity courts, and the extent of the monarch’s prerogative. The further development of printed law books and law reports helped standardize the law and its enforcement throughout the country. Leading members of the English judiciary – Edmund Plowden, Sir Francis Bacon, and Sir Edward Coke – rose to prominence and published works whose influence continues to the present day.

This exhibit displays highlights of this period in English law using the holdings of the Lillian Goldman Law Library’s Rare Book Collection and the Elizabethan Club of Yale University. The Elizabethan Club was founded in 1911 by Alexander Smith Cochran, a member of the Yale College Class of 1896. Cochran established the Elizabethan Club to provide a place for daily conversation between students and faculty members. In his founding gift, Cochran donated a remarkable collection of early modern texts. For the last 100 years the Club has added to its collection. While the Club’s library is well known because of its early editions of Shakespeare, Milton, and Spenser, it contains a number of important legal works, as well. The occasion of the Club’s Centenary provides the opportunity to bring together two impressive collections of early modern texts at Yale to illustrate a rich moment in English legal history.

     – Justin Zaremby

“Life and Law in Early Modern England,” an exhibition marking the Centenary of the Elizabethan Club, is curated by Justin Zaremby with Mike Widener, and is on display February-May 2011 in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library Yale Law School.

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