Rare Books Blog

May 4, 2009

[Year Books, 20-45 Edward III.] Liber Assisarum (manuscript in Law French, ca. 1450).

The origin of our case reports lies in the late 13th century, with what are now called the “Year Books.” The Liber Assisarum, shown here, is a collection of Year Book cases in the court of King’s Bench in 1347-1372.

The Year Books are quite different from modern case reports. They say little or nothing about the facts, or who won. What interested the anonymous reporters was the debate between advocates and judges, a sort of tentative oral pleading that has been compared to lightning chess. The Year Books seem to have had some connection (still unclear) with legal education at the Inns of Court, but they were also used by bench & bar.

As more or less verbatim records of legal debates between named individuals, the Year Books are virtually the only historical sources that capture voices from the Middle Ages.

Maitland on the Year Books

“Today men are reporting at Edinburgh and Dublin, at Boston and San Francisco, at Quebec and Sydney and Cape Town, at Calcutta and Madras. Their pedigree is unbroken and indisputable. It goes back to some nameless lawyers at Westminster to whom a happy thought had come. What they desired was not a copy of the chilly record, cut and dried, with its concrete particulars concealing the point of law: the record overladen with the uninteresting names of litigants and oblivious of the interesting names of sages, of justices and serjeants. What they desired was the debate with the life-blood in it: the twists and turns of advocacy, the quip courteous and the countercheck quarrelsome.” – Sir Frederick Maitland, 17 Selden Soc. xv.

MIKE WIDENER
Rare Book Librarian

“Landmarks of Law Reporting” is on display April through October 2009 in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.

May 4, 2009

[Year Book, 27 Henry VIII.] De termino Pasche anno regni Regis Henrici Octaui. XXVII (London, 1556).

Printers began publishing Year Book cases in the 1480s. Two and a half centuries of Year Book reporting came to an end with the cases from 27 Henry VIII (1535), shown here. Lawyers, judges and students did not stop reporting cases. The transition from Year Book reports to our modern case reports was gradual, and coincided with a shift from oral to written pleadings.

MIKE WIDENER
Rare Book Librarian

“Landmarks of Law Reporting” is on display April through October 2009 in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.

May 4, 2009

Edmund Plowden (1518-1585), Les Commentaries, ou Reportes de Edmunde Plowden un Apprentice de le Comen Ley (London, 1571) [with] La Second Part de les Reports, ou Commentaries … (London, 1610).

Edmund Plowden’s Commentaries was the first of the “nominative reporters,” reports cited by the reporter’s name. His reports claim many other “firsts.” They were the first to include the names of the parties in the headings, providing a citation method that lawyers follow to this day. Plowden was the first reporter to prepare his reports for the press. His was the first collection of leading cases, “annotated by an editor at the head of the profession, which by including the pleadings … enabled them to be studied in the context of litigation” (Biographical Dictionary of the Common Law). Reprinted numerous times, they were required reading for law students. In terms of their accuracy, organization, and balance, they were unsurpassed for centuries.

Highly respected and successful as a lawyer, Plowden was kept from the bench by his loyalty to the Catholic faith.

The copy on display is the first edition of 1571. An early hand altered the publication date to 1599, the date of the fourth printing; perhaps it was a bookseller “refreshing” his stock.

Commentaries on Plowden’s Commentaries

“In almost all of the Cases which I have undertaken to report, before they came to be argued, I had Copies of the Records, and took Pains to study the Points of Law arising thereupon, so that oftentimes I was so much Master of them, that if I had been put to it, I was ready to have argued when the first Man began; and by this Method I was more prepared to understand and retain the Arguments and the Causes of the Judgments. And besides this, after I had drawn out my Report at large, and before I had entered it into my Book, I shewed such Cases and Arguments, as seemed to me to be the most difficult, and to require the greatest Memory, to some of the Judges or Sergeants who argued in them, in order to have their Opinion of the Sincerity and Truth of the Report.” – Edmund Plowden, preface to his Commentaries

“What Coke was to hail as those ‘exquisite and elaborate’ Commentaries were thus quite unlike anything that had previously been produced. It was not just that they were the first reports which had been carefully prepared for the press and published in the reporter’s lifetime, … nor even that they included only cases that had been brought to final judgment… For the Commentaries was also a book of leading cases, annotated by an editor at the head of the profession, which by including the pleadings (previously collected only in books of entries) enabled them to be studied in the context of litigation.” – Biographical Dictionary of the Common Law

MIKE WIDENER

Rare Book Librarian

“Landmarks of Law Reporting” is on display April through October 2009 in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.

May 4, 2009

Sir Edward Coke (1552-1634), Les Reports de Edvvard Coke l’Attorney Generall le Roigne … (London, 1600?).

Sir Edward Coke’s Reports are perhaps the most influential reports in the history of English law, so much so that they are cited simply as “The Reports.” Their authority rests mainly on the high reputation of their author, and not on their accuracy or objectivity. Coke was not shy about inserting his own views, and set out not only to report the law but also to teach it. His vast learning spills out, rendering reports that are often disorderly.

The first volume of Coke’s Reports appeared in about 1600 (shown here), and met with such success that ten more volumes appeared in the next fifteen years. Legal historian T.F.T. Plucknett believes Coke may have been the first to report cases with the intent of publishing them soon after. When Coke was dismissed as a judge of King’s Bench in 1616, his political enemies (of which he had many) launched an investigation into alleged errors in the Reports, effectively halting his law reporting.

Coke on his Reports

“And now that I have taken upon myself to make a report of their arguments, I ought to do the same as fully, truly, and sincerely as possibly I can ; howbeit, seeing that almost every Judge had in the course of, his argument a particular method, and I must only hold myself to one, I shall give no just offense to any if I challenge that which of right is due to every Reporter, that is, to reduce the sum and effect of all to such a method as, upon consideration had of all the arguments, the Reporter himself thinketh to be fittest and clearest for the right understanding of the true reason and causes of the judgment and resolution of the case in question.” – Sir Edward Coke, Calvin’s Case, 8 Rep. 4a

MIKE WIDENER

Rare Book Librarian

“Landmarks of Law Reporting” is on display April through October 2009 in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.

March 5, 2009

Here are a few of the highlights from our acquisitions in the past three months.


For our growing collection of illustrated law books:


We have acquired several law-related children’s books to join the Juvenile Jurisprudence Collection donated by Professor Morris L. Cohen, including:


The American Trials Collection grew by 28 titles, including:


Additions to our William Blackstone Collection included:


And a few odds & ends:

 

MIKE WIDENER

Rare Book Librarian

March 5, 2009

Close to 30 students from the Scuola Superiore Sant’Anna in Pisa, Italy toured the Paskus-Danziger Rare Book Room on March 4, 2008, during their visit to the Yale Law School. The students are jointly enrolled in the legal studies program at the University of Pisa.

After viewing our exhibit, The Flowering of Civil Law: Early Italian City Statutes in the Yale Law Library, they came into the Rare Book Room to see more of our Italian legal treasures. These included one of the first books printed in Naples, Tractatus seu apparatus de testibus by Albericus de Maletis (1471); a collection of portraits of early Italian jurists, Antoine Lafrery’s Illustrium jureconsultorum imagines (1566); Friar Paolo Attavanti’s Breviarium totius juris canonici (Milan, 1479), the first printed book with a portrait of the author; Antonino Ganini’s Il legista versificante (Naples, 1752), an elementary legal textbook in verse; Comentario sul codice criminale d’Inghilterra (Milan, 1813), an Italian translation of Book IV of Blackstone’s Commentaries; and Nuovo codice della strada (Milan, 1959), the Italian traffic code with humorous cartoons by the French illustrator Albert Dubout.

We had a great time. Thanks to all those who made the visit possible: Marina Santilli (Senior Research Scholar, Yale Law School); Caterina Sganga and Andrea Bertolini (LLM students at Yale Law School and graduate students at the Scuola Superiore Sant’Anna); and my Law Library colleagues Teresa Miguel, Dan Wade, Ryan Harrington, and Evelyn Ma.

MIKE WIDENER

Rare Book Librarian

 

February 9, 2009

Ten students from the Yale Law School’s Linkages Program visited the Paskus-Danziger Rare Book Room on February 4. These law students from Argentina, Brazil and Chile spend three weeks participating in classes, conducting research, presenting papers, and taking field trips.

Their stop in the Rare Book Room was part of a tour of the Lillian Goldman Law Library. Among the items they saw was a fascinating Spanish incunable, Ordenanzas Reales de Castilla (Salamanca, 1500), in which an early owner used doodles to visually index the laws. They also saw the oldest item in the collection, which is two fragments of an illuminated 11th-century manuscript, recycled as binding material for our copy of the Flos testamentorum by Rolandinus de Passageriis (Padua, 1482), a guide to drafting wills.

To all our colleagues in the Linkages Program, ¡Bienvenidos!

MIKE WIDENER
Rare Book Librarian

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