Rare Books Blog

February 8, 2011

 

 

John Selden, 1584-1654. The historie of tithes that is, the practice of payment of them (London, 1618). Collection of the Elizabethan Club of Yale University; gift of the daughters of Samuel Hart Selden, May 1922.

 

Early modern legal scholarship focused at great length upon the question of whether secular or ecclesiastical courts were supreme. Between 1605 and 1613, a series of ecclesiastical lawyers and scholars drew upon the interpretations of medieval canon lawyers and some historical evidence to make strident attacks upon lay ownership of tithes. John Selden’s 1618 Historie of Tithes, a major work of legal history, responded to this controversy. He analyzed European laws and natural law theory to show that payment of tithes had always been a matter for local secular courts instead of being determined by the laws of God in ecclesiastical courts.

    – 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

Lancelot Andrewes, 1555-1626. A sermon preached before the kings maiestie, at Hampton Court, concerning the right and power of calling assemblies (London, 1606). Collection of the Elizabethan Club of Yale University; gift of Henrietta C. Bartlett.

When James I acceded to the throne he became Supreme Governor of the Church of England. In 1606, he asserted similar control over the Church of Scotland after a group of Presbyterian ministers claimed the authority to convene meetings of the Scottish church’s General Assembly, in defiance of the King’s wishes. James reacted by summoning eight of the dissenting Scottish ministers to Hampton Court where four ministers lectured them on the pointed question: “What the king may doe in maters ecclesiasticall, and whether or not he had wholly the power of Conveenning and discharging Assembleis?” Lancelot Andrewes, then Bishop of Chichester, and a favorite of James, defended the king’s ancient right to control the Church of Scotland in this sermon. Andrewes would later defend James’s persecution of Catholics following the Gunpowder Plot of 1605 and serve as Bishop of Ely, Bishop of Westminster, and dean of the Chapel Royal.

    – 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

 

 

Francis Beaumont, 1584-1616. The masque of the Inner Temple and Grayes Inne (London, 1613). Collection of the Elizabethan Club of Yale University.

 

In addition to serving as centers of legal training, the Inns of Court provided social activities for students and their teachers, and training in the courtly arts. Students studied fencing and music, and engages in an ample amount of gaming and drinking. The performance of masques for special occasions was an important part of life at the Inns. Students elected masters of revels and learned dancing, particularly in the period following the rise of the Stuarts. This masque was staged by members of the Inner Temple and Gray’s Inn and was performed before King James I and Queen Anne.

    – 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 Lambarde, 1536-1601. The duties of constables, borsholders, tythingmen, and such other lowe ministers of the peace (London, 1584). Rare Book Collection, Lillian Goldman Law Library.

 

William Lambarde, 1536-1601. Eirenarcha, or Of the office of the iustices of peace, in foure bookes (London, 1599). Rare Book Collection, Lillian Goldman Law Library; acquired with the John A. Hoober Fund.

 

William Lambarde, 1536-1601. The dueties of constables, borsholders, tythingmen, and such other lowe and lay ministers of the peace (London, 1599). Collection of the Elizabethan Club of Yale University; gift of Henry H. Anderson, Jr. in memory of Wilmarth S. Lewis, December 1983.

 

The attourney of the Court of Common Pleas: or his directions and instructions concerning the course of practice therein, with sundry observations thereupon, &c. / written by G.T. of Staple Inne, gent. (London, 1642). Rare Book Collection, Lillian Goldman Law Library; acquired with the John A. Hoober Fund.

 

Institutions or principall groundes of the lawes and statutes of England (London, 1570). Rare Book Collection, Lillian Goldman Law Library.

 

William Lambarde’s Eirenarcha, or, The Office of the Justices of Peace (1582), was printed twelve times before 1620 and served as a standard authority on county administration. After being called to the bar in 1567, Lambarde dedicated his professional life to jobs ranging from commissioner of the peace to master of chancery and deputy keeper of the rolls. His scholarly writings also included his Archaionomia (1568), the second book to print Old English, which collected and paraphrased Anglo-Saxon laws and treaties, together with the laws of Edward the Confessor and William I. Lambarde may have sat for parliament under Elizabeth, at which point he famously disobeyed the Queen’s 1566 demand that parliament no longer discuss the possibility of her marriage.

With the advent of the printing press, standardized legal procedures continued to evolve. Numerous printed guides provided practicing lawyers and county administrators with model oaths as well as explanations of various aspects of the common law. Printed guides also helped to spread knowledge of the law. For example, in the 1570 Institutions or Principall Grounds of the Laws and Statutes of England, published by the famed Elizabethan printer Richard Tottel, the author called for a clear understanding of the laws such that men may not say of the English that “we make very goodly and profitable laws but we use them not.”

    – 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

We thank the following for their help and support in preparing this exhibit… Justin Zaremby & Mike Widener

  • Stephen Parks, Librarian of the Elizabethan Club
  • The Board of Incorporators of the Elizabethan Club
  • Nadine Honigberg, The Elizabethan Club
  • John H. Langbein, Sterling Professor of Law and Legal History, Yale Law School
  • S. Blair Kauffman, Law Librarian and Professor of Law, Yale Law School
  • John Stuart Gordon, Benjamin Attmore Hewitt Assistant Curator of American Decorative Arts, Yale University Art Gallery
  • Shana Jackson, Lillian Goldman Law Library
  • Henry Granville Widener

“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

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.

Pages

Subscribe to Rare Books Blog