Rare Books Blog

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

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 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.

February 2, 2011

Christopher St. Germain, 1460-1540/41. [Doctor and Student] The Dialogue in English, betweene a doctor of divinitie, and a student in the lawes of England (London, 1593). Rare Book Collection, Lillian Goldman Law Library; acquired with the Judah P. Benjamin Fund.

Christopher St. Germain’s Doctor and Student first appeared in English in 1530. The work consists of two dialogues conducted between a doctor of divinity and a student of the common law. They discuss the place of equity and conscience in the law. St. Germain’s work was published at a time at which chancery courts, which had previously been led by ecclesiastical chancellors, began to be controlled by common lawyers. Doctor and Student helped instruct common lawyers in the ways of their predecessors so that they could better understand the relationship between law and equity.

    – 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

Sir John Fortescue, 1533-1607. A learned commendation of the politique lawes of England (London, 1599). Rare Book Collection, Lillian Goldman Law Library.

Sir John Fortescue served as Lord Chief Justice under Henry VI and was a loyal partisan of the Lancastrian cause during the War of the Roses. He went into exile after the victory of the Yorkists, during which time he wrote this treatise on English laws, probably to instruct the young Prince of Wales. In this work he praised the advantages of English common law over Roman law, noting that in England “the regal power is restrained by political law.” Fortescue’s work contrasted the limited rule of English kings with the despotism of French kings. Later jurists such as Sir Edward Coke would look to Fortescue to justify constitutional limitations on the power of the English monarch. His work gained wide readership after the publication of its first printed edition in 1545/46.

    – 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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