Rare Books Blog

 The common law common-placed : containing, the substance and effect of all the common law cases dispersed in the body of the law (London, 1726)
January 8, 2014

Giles Jacob (1686–1744), the leading legal writer of his age, was notable less for his style—Alexander Pope lampooned him in his Dunciad, calling Jacob “the blunderbuss of the law”—than for the variety and influence of his work. Jacob was prolific, and some of his efforts aimed to reach relatively new markets. The Students Companion, or, Reason of the Law (1743), like Jacob’s The Common Law Common-Placed (1726), were among a growing number of printed books intended to help law students with their studies. The Students Companion organized and digested statutes and cases, while The Common Law Common-Placed served as a ready commonplace book and reference guide for legal terms. The latter also attracted critics who felt that printed study aids took away the useful work of manual notetaking.

Jacob branched into areas that had not been treated in print before. His Lex Mercatoria, or, The Merchant’s Companion (1718), was the first guide written by a common lawyer in English on the subject of the law merchant, or customs of foreign trade.  The work was published by Edmund Curll, a successful Londoner whose mercenary publishing tactics also earned him the barbs of Pope. Both Curll and Jacob feuded with Pope publicly and in literary form for his separate invectives against them. Jacob’s law publishing career remained profitable, and his final work, Every Man his Own Lawyer (1788), a guide for citizens involved in litigation, was a great success. The Library’s 1788 edition of Every Man his Own Lawyer is one of two acquired from the Taussig collection, and contains an interesting new preface complaining against the introduction of English as the language of court and the abrogation of court hand. 

Even in 1788, Jacob’s editor defended the deceased writer against Pope’s criticism: if he was a blunderbuss, the many editions of his works “were of good report.”

From the Taussig collection the Library has acquired twenty-seven editions of Jacob’s works.

The Taussig acquisitions were funded in large part by a generous grant from Yale Law School’s Oscar M. Ruebhausen Fund.

– RYAN GREENWOOD, Rare Book Fellow

The Law against Bankrupts, or, A Treatise Wherein the Statutes against Bankrupts are Explained (London, 1694)
January 3, 2014

Works on bankruptcy are well represented among the Taussig acquisitions. What might be called early English bankruptcy law established procedures against debtors who transferred property to friends as they fled to ecclesiastical asylum. By the time of Henry VIII, bankruptcy law had evolved to reflect the basic principles of a summary collection and division of assets among all creditors. Other provisions targeted the friends who fraudulently sheltered assets. Later legislation, and the enforcement of bankruptcy laws, could be harsh: bankrupts were increasingly imprisoned and could face corporal punishment, and criticism of English bankruptcy laws abounded into the modern era.

The Library’s acquisitions include two of the earliest English works devoted to the subject. John Stone’s The Reading upon the Statute of the Thirteenth of Elizabeth, Chapter 7, Touching Bankrupts (1656) and Thomas Gooding’s The Law against Bankrupts; or, A Treatise Wherein the Statutes against Bankrupts are Explained (1694), join later works critical of bankruptcy laws, including the anonymous Considerations on the Present Administration of the Bankrupt Laws (1795), and John King’s Oppression Deemed No Injustice Towards Some Individuals (1797), in which King took up his own cause in bankruptcy.

In the eighteenth century, the commissioners who ran bankruptcy proceedings also became a target of criticism, something seen in Considerations on the Present Administration of the Bankrupt Laws. The work sets out four basic recommendations for improving the laws: 1) proceedings under bankruptcy commissions should be more attentive and deliberate; 2) property should be better preserved and more justly divided among creditors; 3) all money received and paid under commissions should be investigated; and 4) mercy should be shown toward deserving bankrupts.

The great English judge Lord Mansfield thought that bankruptcy statutes were something of an embarrassment in common law; nevertheless, the law grew in complexity in the eighteenth century and led to detailed treatments like Cooke’s The Bankrupt Laws, 2 vols. (1793), which the Library has also acquired from Taussig.

The Taussig acquisitions were funded in large part by a generous grant from Yale Law School’s Oscar M. Ruebhausen Fund.

– RYAN GREENWOOD, Rare Book Fellow

December 27, 2013

The Lillian Goldman Law Library’s 2013 holiday card features an image from one of this year’s acquisitions. The image is the headpiece from the opening chapter in Friar Lorenzo Mascambrone’s Degli asili de’ Christiani ragionamento (Roma: Camera Appostolica, 1731). The book is a vigorous defense of the Catholic Church’s right to grant sanctuary to fugitives, published at a time when Catholic governments were protesting that the Church was coddling criminals and traitors under the guise of sanctuary, and thus threatening public order.

In The Popes and European Revolution (1981), Owen Chadwick summarized Mascambrone’s argument: “The right to punish does not derive from revenge but must intend to reform, it is inseparable in moral law from compassion. … Sanctuaries, however they are at times misused, tend to a chance of reformation. And if this is the duty and interest of the State, how much more is it the duty of the Church? Would a mother chase away a starving child, or fail to protect it from a wild animal? How much more barbarous would bishops be if they chase out of church men who have come to them seeking refuge and comfort?”

The image reinforces the book’s argument. On the left, the female cherub is seated in peaceful Nature. She points out the scales of Justice to the male cherub, holding the fasces (symbol of the magistrate’s power) as he cowers amid the ruins of human civilization. The image recalls the words of The Federalist, No. 51: “Justice is the end of government.”

Happy New Year to all!

– MIKE WIDENER, Rare Book Librarian

Headpiece, Degli asili de' Christiani ragionamento 1731

December 22, 2013

Trained at Lincoln’s Inn, William Lambarde (1536–1601) showed early ability as an antiquarian and became a leading publisher of books on English law. He wrote his Eirenarcha, or Of the Office of the Iustices of Peace (1582), while serving, from 1579, as a Justice of the Peace in Kent. It became one of the most authoritative justice of the peace manuals in the period, being reprinted twelve times before 1620. As a genre, the manuals shed important light on the local administration of law in England and the growing reach of royal law enforcement. Lambarde’s guide describes in detail the duties of the office and the law a justice administers, with frequent reference to statutes and to Fitzherbert’s earlier, influential work on the subject, among others. The Library’s copy, acquired from the Taussig Collection, is a rare first edition.   

As a scholar interested in the history of English law, Lambarde became associated with the circle of Archbishop of Canterbury and leading antiquarian Matthew Parker. Lambarde’s greatest work on legal history, the Archeion, or, A Discourse upon the High Court of Justice in England (1635), traces English common law and government to an early Anglo-Saxon past, as part of an appeal to institutional continuity which found support among antiquarians and a more popular, lawyerly audience. Lambarde’s labors on the judicial circuit and as a scholar eventually led to advancement. At the end of his life, after working in chancery under his friend Sir Thomas Egerton, he was appointed keeper of the records in the Tower of London.

From the Taussig collection the Library has acquired twelve editions of Lambarde’s works.

The Taussig acquisitions were funded in large part by a generous grant from Yale Law School’s Oscar M. Ruebhausen Fund.

– RYAN GREENWOOD, Rare Book Fellow

The Law of Trade, or, A Digest of the Law Concerning Trade, Commerce, and Manufactures (London,
December 19, 2013

From the Taussig collection the library has acquired a number of rare volumes dealing with commercial law. Most date to the eighteenth century, and many offer insights into the practices of local English merchants and the statutory and case law which regulated them. The volume, Points in Law and Equity (London, 1792), aims to aid merchants who lacked “information as to many of the points of law” concerning the “immense” volume of commerce that passed daily throughout England. Organized as a digest with alphabetically-arranged precepts excerpted from statutes and case reports, it advises that promissory notes, where money is knowingly lent for the sake of gambling, are void (37); or that a factor (or commercial employee) to whom a balance is due, has a lien on the goods of the owner in the employee’s possession (96). A contemporary work, The Law of Trade, or A Digest of the Law, gives a fuller summary of important case law on legal questions relating to merchants and trade. Our volume has no place or date—though it was published probably around 1800—and has not been located in other libraries.      

Several of the books on commerce and merchant law are more international in scope. The Lex Mercatoria Rediviva, or the Merchant’s Directory (London, 1751?), deals with aspects of trade familiar since the medieval period, including bills of exchange and maritime insurance, but also treats complex contemporary cases and guides merchants through the intricacies of trade in foreign countries. The work is a terrific resource for studying the laws and customs in force in European countries in the mid-eighteenth century, and a good source for the products and economies merchants navigated as they traveled between ports and inland markets.

The Taussig acquisitions were funded in large part by a generous grant from Yale Law School’s Oscar M. Ruebhausen Fund.

– RYAN GREENWOOD, Rare Book Fellow   

The faithful councellor, or, The marrow of the lavv in English, bound with The second part of The faithfull councellour ... (London, 1653-54)
December 11, 2013

Among the Taussig acquisitions, works by outstanding legal writers are an area of strength. Among these, William Sheppard (1595-1674) stands particularly tall. The most prolific and perhaps the most influential legal writer of his generation, Sheppard pioneered works in new areas of legal publishing, including his encyclopedic, The Faithful Councellor, or, The Marrow of the Lavv in English and its companion volume, The Second Part of the Faithfull Councellour, which are bound together in our 1653-54 edition (at left). The works were written in response to a 1650 decree that pleading in English courts be conducted in English, replacing the centuries-old, cumbersome Law French. Sheppard’s volumes were the first to address the new demand, providing a general guide to litigation in English. The Faithfull Councellor describes the actions that could be brought in common law, set out in the form of a commonplace book organized alphabetically by topic.      

Another of Sheppard’s works, Action upon the case for slander (1662), similarly addresses, in the form of a reference work, an emergent need. Only the second printed work of its kind, Sheppard produced a handbook for lawyers on the different kinds of slander—of which there were many—and their penalties. Amusing to modern readers may be references to cases and penalties for such abuse as “thou art a false forsworn knave” (62). The work offers good insight into forms of colloquial speech and the development of English slander law.

Sheppard was quite actively interested in law reform. After his work came to the attention of Oliver Cromwell, he was called in 1654 to advise Cromwell’s government. His published work containing recommendations for reform is extensive, with ample material on law reform and the reform of the English Church. After the Restoration, Sheppard’s fortunes changed, but he continued to publish innovative books until his death. Over a career of thirty-three years, a remarkable forty-nine editions of his twenty-three works were circulated in print.

From the Taussig collection the Library has been able to acquire twenty-two editions of Sheppard’s works.

The Taussig acquisitions were funded in large part by a generous grant from Yale Law School’s Oscar M. Ruebhausen Fund.

– RYAN GREENWOOD, Rare Book Fellow

Morris L. Cohen
December 11, 2013

The Legal History and Rare Books (LH&RB) Section of the American Association of Law Libraries, in cooperation with Cengage Learning, announces the Sixth Annual Morris L. Cohen Student Essay Competition. The competition is named in honor of Morris L. Cohen, late Professor Emeritus of Law at Yale Law School. Professor Cohen was a leading scholar in the fields of legal research, rare books, and historical bibliography.

The competition is designed to encourage scholarship, and to acquaint students with the American Association of Law Libraries and law librarianship. Essays may be on any topic related to legal history, rare law books, or legal archives. The competition is open to students currently enrolled in accredited graduate programs in library science, law, history, and related fields.

The entry form and instructions are available at the LH&RB website. Entries must be submitted by 11:59 p.m., March 17, 2014.

The winner will receive a $500.00 prize from Cengage Learning and up to $1,000 for expenses associated with attendance at the AALL Annual Meeting, which is scheduled for July 12-15, 2014, in San Antonio, Texas. The runner-up will have the opportunity to publish the second-place essay in LH&RB’s online scholarly journal “Unbound: An Annual Review of Legal History and Rare Books.”

– MIKE WIDENER, Rare Book Librarian

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