Rare Books Blog

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.

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.

December 31, 2010

Best wishes for a happy & prosperous New Year
from the Rare Book Collection, Lillian Goldman Law Library.

From the Bambergische Halssgerichts Ordenung (Mentz: Johann Schöffer, 1508).

December 21, 2010

I am one of many, many people who are mourning the loss of Morris L. Cohen, Emeritus Professor of Law at Yale Law School and the director of its Law Library from 1981 to 1991. I join with them in extending my condolences to his wife Gloria and their family. The Lillian Goldman Law Library has set up a tribute page with links to eulogies and other resources.

I beg leave to add a eulogy on behalf of the community of rare law book librarians and collectors that Morris so lovingly nurtured throughout his career. I take as my text the list of “bibliographic beatitudes” that Morris included in a 1982 article on our Blackstone Collection (“Blackstone at Yale,” Yale Law Report, Spring/Summer 1982, 18-20).

  • “Blessed are the book collectors for they preserve the printed word.” Morris and David Warrington (Librarian for Special Collections, Harvard Law Library) trained dozens of librarians and collectors through their week-long summer course, “Collecting the History of Anglo-American Law,” at the University of Virginia’s Rare Book School; note the glowing reviews in the course evaluations. He began the rare book collection at the University of Buffalo Law Library that now bears his name (the Morris L. Cohen Rare Book Collection). He played a major role in shaping the special collections of the law libraries he headed at the University of Pennsylvania, Harvard, and here at Yale. The collection of law-related children’s books that Morris and his son Dan formed is inspired, creative book collecting at its finest, an example of what Colin Franklin called “book collecting as one of the fine arts.”
  • “Blessed are the library donors for they support the pursuit of knowledge.” Morris donated his collection of law-related children’s books to our Rare Book Collection, christened as the Juvenile Jurisprudence Collection. But he didn’t stop there; he asked me to continue adding to it, and I have gleefully complied. He loaned books for a number of exhibits, most notably to Boston College Law Library (“Collectors on Collecting” and “Law & Order Made Amusing“)and the Beinecke Rare Book & Manuscript Library. Morris was also a generous scholar, sharing knowledge and contacts. Several of his younger proteges will recall him going to bat for them at legal history conferences when their papers drew sharp responses.
  • “Blessed also are the bibliographers for they bring order to the works of scholarship and make them accessible.” The monumental seven-volume Bibliography of Early American Law (1998-2003) is perhaps the capstone of Morris’s illustrious career, the product of three decades of work by Morris and a legion of collaborators and research assistants. The annotations and superb indexes make it THE essential tool for researching early American legal literature. In publications such as “Administration of Rare Materials” (in Mueller & Kehoe, Law Librarianship, a Handbook, 1983), Morris literally wrote the book on rare law book librarianship, and promoted the importance of historical collections in academic law libraries. He was the leading evangelist for bringing rare law book collections out of storage rooms and directors’ offices and making them integral parts of academic law libraries. The Legal History & Rare Books Special Interest Section of the American Association of Law Libraries honored his contribution by establishing the Morris L. Cohen Student Essay Competition, “to encourage scholarship in the areas of legal history, rare law books, and legal archives, and to acquaint students with the American Association of Law Libraries (AALL) and law librarianship.”

By his own standards, Morris Cohen was thrice-blessed. All who knew him were blessed as well.

Memory Eternal… 

MIKE WIDENER

Rare Book Librarian

Gloria & Morris Cohen at Morris’s 80th birthday party, 2 Nov. 2007.

December 9, 2010

 

Edward Gordon, my esteemed co-curator for our Fall 2009 exhibit, “Freedom of the Seas, 1609: Grotius and the Emergence of International Law,” has published an article based on the exhibit:

Edward Gordon, Grotius and the Freedom of the Seas in the Seventeenth Century, 16 WILLAMETTE JOURNAL OF INTERNATIONAL LAW & DISPUTE RESOLUTION 252 (2008).

Gordon’s article is a much-expanded version of the introduction and captions he produced for the exhibit, which marked the 400th anniversary of the publication of Grotius’ Mare liberum. He writes,

“Mare liberum has become something of an icon in international law, not only for providing the first effective argument for the freedom of the seas in modern times, but in combination with Grotius’s more mature work, De jure belli ac pacis (1625), for reinvigorating the natural law of ancient times as a transcendent legal regime in the service of the common good.”

Gordon has provided a thorough, concise, and lively account of the origins of Grotius’s Mare liberum, the learned and passionate debates it engendered throughout Europe, and its continuing legacy in international law. Thanks, Ed!

MIKE WIDENER

Rare Book Librarian

 

At right: Portrait of Hugo Grotius from volume 1 of an anonymous commentary on Grotius, Hugonis Grotii, Belgarum phoenicis, manes ab iniquis obtrectationibus vindicati (Leipzig, 1727). The artist has placed Mare liberum just below the portrait on the right.

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