Rare Books Blog

March 18, 2010

The Green Bag, “An Entertaining Journal of Law,” has selected the Lillian Goldman Law Library to be the official archive of its Supreme Court Bobbleheads. To mark this momentous event, the Rare Book Collection has put a selection of Supreme Court Bobbleheads on display, on Level L2 of the Law Library, in the wall case at the entrance to the Paskus-Danziger Rare Book Room.

Adam Liptak, the New York Times reporter who covers the U.S. Supreme Court, published an excellent article on the exhibit, “Relax, Legal Scholars: Bobbleheads Are Safe at Yale”, in the March 17, 2010 issue of the New York Times.

The Green Bag began issuing its Supreme Court Bobbleheads in 2003 with Chief Justice William H. Rehnquist. Subsequently, the bobbleheads have come out roughly in order of seniority, with Justice David H. Souter being the most recent of the sitting Justices (issued shortly before his retirement from the Court).

The bobbleheads have a sophisticated iconography, as Ross E. Davies, editor-in-chief of The Green Bag, explained in the New York Times article: “The bobbleheads are, not to overstate it, a little bit more than toys. They’re portrayals of the work and character of these judges.” See “The Annotated Bobblehead: Justice John Paul Stevens,” at right, for an example.

So far, The Green Bag has issued bobbleheads of seven modern Justices (in order of appearance they are William H. Rehnquist, John Paul Stevens, Sandra Day O’Connor, Antonin Scalia, Anthony M. Kennedy, Harry A. Blackmun, and David H. Souter) and two historic Justices (Louis D. Brandeis and Benjamin Curtis, author of a famous dissent to the Dred Scott decision). Forthcoming are small bobbleheads of the first Supreme Court Justices (John Jay, William Cushing, and John Rutledge).

Yale’s Supreme Court Bobblehead Collection also includes dozens of “draft” bobbleheads, reflecting earlier stages in their design.

The Green Bag bobbleheads are not the first bobbleheads in the Rare Book Collection. That honor goes to the bobblehead of Yale law professor and Dean Emeritus Harold Hongju Koh, which was issued in 2006 as a fundraiser for the Yale Law School chapter of the American Constitution Society.

Thanks to Ross Davies and The Green Bag for making this acquisition possible, and to Fred Shapiro, our Associate Librarian for Collections & Access, who had the inspired idea of contacting The Green Bag.

The Supreme Court Bobblehead exhibit will be on display through the summer.

MIKE WIDENER
Rare Book Librarian

February 28, 2010

I have two people to thank for independently solving my Provenance Puzzle #2: my friend the San Antonio tax attorney and bibliophile Farley Katz, and Christopher Frey of Antiquariat Inlibris Gilhofer in Vienna.

The armorial stamp, shown at left, is of the Austrian nobleman Joseph Anton von der Halden (1665-1728) from Vorarlberg, who was created Baron in 1686. The letters around the border of the stamp, “I A E V D H F Z A H Z A V O”, stand for “Ioseph Anton Eusebius von der Halden Freiherr zu Authenried Herr zu Anhofen und Ochsenbrunn.”

This stamp is found on fourteen folio volumes that came to the Lillian Goldman Law Library as part of the Roman-Canon Law Collection of the Association of the Bar of the City of New York. They are all bound in stamped pigskin over wooden boards with rounded spines.

Farley Katz provided his solution via the wonderful Can You Help? website sponsored by the Consortium of European Research Libraries (CERL) and operated by Dr. David Shaw. It enables users to post images and descriptive information for bookplates, armorial stamps, and other provenance evidence that they cannot identify, in the hopes that others can provide answers. It’s crowd-sourcing for provenance research. Farley’s solution to Provenance Puzzle #2 can be found here.

Christopher Frey provided an additional source for von der Halden: Alexander Schneder, “Die Von der Halden in Vorarlberg. Eine genealogische Studie”, in Jahrbuch der Heraldisch-Genealogischen Gesellschaft ‘Adler’, Jg. 1951/54, Folge 3, vol. 3 (Vienna 1954), p. 30-43.

Quoting from Frey’s email to me: “We once had a set with these exact armorial stamps - Leibniz’s Codex juris gentium diplomaticus (Hannover, 1693), which later ended up in the library of King Ernst August I of Hanover (1771-1851). King George V of Hanover later presented the set to the historian Onno Klopp, who followed the King into exile to Vienna. The set then turned up in the library of the Vienna Discalced Augustinians, from where we acquired it.” It turns out that Frey’s firm sold this set to our next-door neighbors, the Beinecke Rare Book and Manuscript Library.

 

Additional help came from Susan L’Engle of the Vatican Film Library, St. Louis University, and from Klaus Graf.

MIKE WIDENER

Rare Book Librarian

 

February 16, 2010

Fragment: Sermon (Italy or Germany)
Date: c. 1325-1475
Found in: Bottoni, Bernardo. Casus longi super quinque libros decretalium. [Basel: Michael Wenssler, not after 1479.]

Preaching was an important part of Christian life throughout the Middle Ages. Early saints preached to the non-believers, communities listened to sermons from their priests on Sundays, monks and nuns heard sermons in their convents, and friars preached in the streets. In the words of Pope Innocent III (1198-1216), “Among the many ministries that belong to the pastoral office, the virtue of holy preaching is the most excellent.”

The main text of the fragment seen here is from an as-yet unidentified collection of sermons. The passage on top is about the “tears of Christ” (lachrimae Christi), a common topic for medieval sermons. The large, red capital “D” near the bottom of the page begins a new sermon with Luke 18:10: “Duo homines ascenderunt in templum ut orarent: unus pharisaeus et alter publicanus,” that is, “Two men went up into the temple to pray: one a Pharisee, and the other a publican.” If you look carefully at these sermons, you may be able to see that the text has been “pointed,” marked with very fine strokes to indicate places to breathe and pause. The fact that the text is pointed confirms that, as we might expect, the sermon was meant to be read aloud.

At the top of the fragment is another interesting feature: a late-medieval inscription. According to this note, this printed book was given to the Carthusian monastery of St. Albans near Trier by “Frater Paulus de Muntzdail.” We know from other sources that Brother Paul held a doctorate in canon law and that, before moving to Trier to become a Carthusian, he served as the provost of the Church of Saint Mary in Flanheim, and the rector of the parish church in Kreuznach near Mainz. He died in 1487.

    – Notes by Benjamin Yousey-Hindes, Stanford University

POSTSCRIPT: Thanks to Richard Rouse (UCLA) for clarifying the origin of the manuscript fragment.

Larger versions of this and other images are available from the Medieval binding fragments gallery of the Rare Book Collection’s Flickr site. If you can provide additional information about the manuscript fragment displayed here, you are invited to send an email to .

“Reused, Rebound, Recovered: Medieval Manuscript Fragments in Law Book Bindings” is curated by Benjamin Yousey-Hindes and Mike Widener, and is on display through May 2010 in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.

February 16, 2010

Fragment: Aquinas’s Commentary on the Metaphysics
Date: c. 1375-1475
Found in: Barbier, Jean. Viatorium utriusque iuris. [Strassburg: Johann Pruss, 1493.]

The philosopher and theologian Saint Thomas Aquinas (c. 1226-1274) lived at a time of great intellectual development in European society. The works of Aristotle were being translated into Latin and widely disseminated at the same time that the first Christian universities were being founded. The nature of the relationship between reason and faith was being explored and debated across the continent, and Aquinas would ultimately become one of the most influential thinkers on this topic. Born in southern Italy, Aquinas entered the University of Naples before joining the Dominican Order and travelling to northern Europe where he studied under Saint Albertus Magnus (d. 1280), a pioneer in the application of Aristotelian philosophy to Christian thought. Late in his life, Aquinas wrote commentaries on twelve of Aristotle’s works.

The manuscript leaves used as pastedowns at the front and rear of this volume contain part of Aquinas’s Commentary on the Metaphysics (Book 7, Lecture 13) written in the early 1270s. Excerpts from Aristotle are underlined in red, and the rest of the text is Aquinas’s detailed discussion of that passage. The radically abbreviated 15th-century script employs many symbols (sigla) that stand in for groups of letters or even entire words. At the left edge of the fragment we can see small “pricking holes,” between which the scribe would have ruled parallel lines to help him write the text straight across the page. The Commentary on the Metaphysics was first printed in Paris in 1480, then again in Venice in 1493.

     – Notes by Benjamin Yousey-Hindes, Stanford University

Larger versions of this and other images are available from the Medieval binding fragments gallery of the Rare Book Collection’s Flickr site. If you can provide additional information about the manuscript fragment displayed here, you are invited to send an email to .

“Reused, Rebound, Recovered: Medieval Manuscript Fragments in Law Book Bindings” is curated by Benjamin Yousey-Hindes and Mike Widener, and is on display through May 2010 in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.

February 16, 2010

Fragment: Cicero’s “Dream of Scipio” (Italy)
Date: c. 1275-1325
Found in: Jame, Pierre. Aurea et famosissima practica. [Lyons: A. Dury, 1527.]

The parchment used to cover this volume features a portion of Cicero’s “Dream of Scipio” (“Somnium Scipionis”), the sixth book of his De re publica (completed in 51 BCE). Cicero wrote De re publica as a Roman version of Plato’s Republic, and the “Dream of Scipio” is the only substantial piece of the work to survive. In the dream, the grandfather of the Roman general Scipio Aemilianus appears and tells Scipio about the composition of the heavens, the fleeting nature of worldly fame, and the immortality of the soul (the latter two topics are mentioned in the visible fragment).

The “Dream of Scipio” survives because the late-antique Neo-Platonist philosopher Macrobius (fl. 395-423) wrote a commentary on the dream, to which an early copyist appended a complete copy of Cicero’s text. Macrobius’s commentary - which contained an elaborate system of dream classification - was highly respected in the Middle Ages. It served as one of the most important avenues of transmission for Platonist ideas, and as a foundational source for the Scholastic movement and medieval science in general. The “Dream of Scipio” is mentioned in the French dream-poem the Roman de la rose (13th century) as well as Geoffrey Chaucer’s dream-poems (14th century). Approximately fifty manuscripts of Macrobius’s commentary are known.

     – Notes by Benjamin Yousey-Hindes, Stanford University

POSTSCRIPT: Thanks to Richard Rouse (UCLA) for clarifying the origin of the manuscript fragment.

Larger versions of this and other images are available from the Medieval binding fragments gallery of the Rare Book Collection’s Flickr site. If you can provide additional information about the manuscript fragment displayed here, you are invited to send an email to .

“Reused, Rebound, Recovered: Medieval Manuscript Fragments in Law Book Bindings” is curated by Benjamin Yousey-Hindes and Mike Widener, and is on display through May 2010 in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.

February 16, 2010

 

Fragment: Codex Iustiniani (Italy, probably Bologna)
Date: c. 1275-1325
Found in: Savoy (Duchy). Statuta Sabaudie. [Turin: Bernardus de Sylva, 1530.]

It was probably not mere coincidence that a leaf of the Corpus iuris civilis was used to cover this volume of legal statutes from the Duchy of Savoy. After all, Roman law as represented in the Corpus iuris civilis was the most influential source of legal thinking for medieval and early modern lawmakers. The Corpus iuris civilis was issued in three parts (the Codex, the Digest, and the Institutes) under the Emperor Justinian in 529-534. Issued from Constantinople at a time when the Roman Empire no longer had control over most of Western Europe, Justinian’s laws were introduced in Italy in the 550s, but fell out of use over the following decades. Late in the 11th century the Corpus iuris civilis was rediscovered and students in Bologna began to learn about the law of ancient Rome. The sophistication and scope of Roman law made it hugely popular, and along with canon law it was quickly adopted as the European common law (the ius commune).

The fragment displayed here is from the Codex Iustiniani, which was a collection of all the surviving imperial legislation issued since the time of the emperor Hadrian (d. 138). It contains all of Book 11, Title 1-3 and the beginning of Title 4. These passages contain regulations pertaining to the compulsory transport of public property by private ship-owners. Like the Bible (no. 2), the Liber extra (no. 17), and the Liber sextus (no. 18), the Corpus iuris civilis was heavily glossed in the Middle Ages. The gloss here has not been identified, but may be that of the Italian jurist Accursius (d. 1263) who compiled the most well-known gloss of the Corpus iuris civilis in the 1220s.

     – Notes by Benjamin Yousey-Hindes, Stanford University

POSTSCRIPT: Thanks to Richard Rouse (UCLA) for clarifying the origin of the manuscript fragment, and to Susan L’Engle (Saint Louis University) for the following: “Very little gloss, so probably pre-glossa ordinaria. Initials are blue, stroked in red, typical of Italy/Bologna. Sentence capitals in 1-line red.”

Larger versions of this and other images are available from the Medieval binding fragments gallery of the Rare Book Collection’s Flickr site. If you can provide additional information about the manuscript fragment displayed here, you are invited to send an email to .[at]yale.edu>

“Reused, Rebound, Recovered: Medieval Manuscript Fragments in Law Book Bindings” is curated by Benjamin Yousey-Hindes and Mike Widener, and is on display through May 2010 in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.

 

February 16, 2010

Fragment: Decretales Gregorii IX, with gloss (Bologna or Avignon)
Date: c. 1240-50
Found in: Massa, Antonio. De usuris. Rome: Valerio Dorico, 1557.

The landscape of medieval jurisprudence changed radically in the 12th century, when the monk Gratian’s revolutionary collection of canons and decrees known as the Decretum began to circulate, quickly becoming the core textbook for canon law. During the decades that followed, scholars and students identified many issues that current canon law was unable to resolve, and because of this, more and more bishops sent queries to the papacy seeking guidance for cases in their diocesan courts. The letters that the popes sent back to these bishops were known as “decretals.” Since there was no system of court reporting, jurists who wished to keep abreast of the law would copy any decretal they came across. These informal private collections rapidly gave way to more systematic compilations that found their way into the canon law curriculum. Concerned by the lack of an “official” body of updated canon law, Pope Gregory IX instructed the canonist Raymond of Peñafort to assemble an authoritative supplement to the Decretum. The Decretales Gregorii IX (commonly referred to as the Liber extra) was made official canon law in September 1234.

The fragment visible here contains the end of Book 1, Title 14 and the beginning of Book 1, Title 15 in the second column, along with the standard academic commentary on that passage (known as the “gloss”) in the first column. The standard gloss for the Decretales Gregorii IX was written by the jurist Bernard of Parma in the 1260s. The beginning of Title 15 (on anointing the sick) is marked by illuminated initials in both the gloss and the main text. Inside the front cover of the wrapper (not visible here), a medieval reader has carefully marked a passage (from X 1.14.14) using a drawing of a small hand (a notation called a manicula). The passage reads, in translation, “For it is preferable, especially in the ordination of priests, to have a few good ministers than many bad ones, for if a blind man leads another blind man, both will fall into the pit.”

     – Notes by Benjamin Yousey-Hindes, Stanford University

POSTSCRIPT: Richard Rouse (UCLA) believes the manuscript originates in Italy or Avignon; Susan L’Engle (Saint Louis University) believes the manuscript is from Bologna and dates it 1240-1250.

Larger versions of this and other images are available from the Medieval binding fragments gallery of the Rare Book Collection’s Flickr site. If you can provide additional information about the manuscript fragment displayed here, you are invited to send an email to .

“Reused, Rebound, Recovered: Medieval Manuscript Fragments in Law Book Bindings” is curated by Benjamin Yousey-Hindes and Mike Widener, and is on display through May 2010 in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.

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