Rare Books Blog

Samuel Blackerby, THE JUSTICE OF THE PEACE HIS COMPANION (London, 1711).
April 21, 2014

Among the 363 English law titles the Lillian Goldman Law Library acquired from Anthony Taussig, by far the largest group is justice of the peace (JP) manuals. Taussig wrote to me that “I have pursued justice of the peace manuals because from a very early date they provide interesting overviews, constantly revised, of the areas of law of contemporary importance.”

In the preface to his Office and authority of a justice of peace (London, 1704), William Nelson gives a colorful synopsis of the office’s roots in the Middle Ages: “The Office of a Justice of Peace did at first consist chiefly in suppression of Riots and unlawful Assemblies, it being usual in former times for men of Estates to give Liveries every Year to rude and disorderly people who were not their Menial Servants, and this was to engage them in all their Quarrels for that Year…”

From the JP’s origins in criminal law, the office grew to become the most important in local government, with extensive judicial and administrative powers. Although Justices of the peace were drawn from the local elite, few them had legal training. Thus the need for guidance, met by the JP manual. As Parliament frequently changed the duties of JPs, new JP manuals and form books were published with the updated information. JP manuals became consistent best sellers for their publishers.

We have covered some of the authors of JP manuals in previous posts on the Taussig Collection: William Lambarde, whose Eirenarcha Is considered the best JP manual of the 16th century; William Sheppard; and Giles Jacob.

The highlight of the Taussig JP manuals is the very first printed JP manual:

The book of justices of peace (London, 1506)

The boke of iustyces of peas (London: Wynkyn de Worde, 1506). This anonymous work went through over thirty editions in the 16th century, under various titles. It was never adequately updated and soon became obsolete.

Other JP manuals from the Taussig Collection include…

Anthony Fitzherbert (1470-1538), Loffice et auctoryte des justyces de peas (London, 1538). This is the first edition of Fitzherbert’s popular JP manual, but the only edition in Law French. There were ten editions of English translation, three of which we acquired from Taussig to join the two we already had. The Taussig acquisition also included four of the six expanded editions of Fitzherbert’s JP manual prepared by Richard Crompton.

Michael Dalton, The countrey iustice: containing the practise of the iustices of the peace out of their sessions (London, 1619). Dalton’s Country Justice went through 20 editions, the last in 1746, and was often plagiarized for other JP manuals. This second edition is one of five we acquired from Taussig.

Forms for proceedings on such seizures, as by the late act for preventing frauds, &c. in the publick revenues, are to be heard and determined by justices of the peace (London, 1720). This form book for JPs is one of the rarest items in the Taussig Collection; the only other known copies are at the British Library and the National Library of Scotland.

To learn more about the history of justice of the peace manuals, see:

– MIKE WIDENER, Rare Book Librarian


William Sheppard, THE PRESIDENT OF PRESIDENTS (London, 1677)
April 16, 2014

William Sheppard (1595-1674) was born in a small Gloucestershire village on the Severn estuary, where he spent much of his life as country lawyer. However, this did not keep him from becoming “one of the most prolific” legal writers of the 17th century (Matthews, 1984, p. 5) and legal adviser to Oliver Cromwell. In a career spanning more than half a century, he wrote twenty-seven books: twenty-three on such legal topics as property, law enforcement and common law, and four religious tracts (Matthews, 1984, p. 72).

Sheppard’s first book, The Offices and Duties of Constables, published in 1641, was a law enforcement manual, in which he expressed his belief that an orderly and ethical society is founded on the character and skills of those elected to positions of authority. His next book, The Touchstone of Common Assurances (1648), was a collection of essays on the law of conveyance and is his best-known work. This book was used by law students and lawyers for the next two hundred years.

In 1649, his first religious tract, Of the Foure Last and Greatest Things, was released and was quickly followed by A New Catechism. In Of the Foure, Sheppard, a Calvinist, provided instruction for pious behavior and wrote of his support of the Rump Parliament. In 1651, Sheppard published his first legal encyclopedia, The Faithful Councellor, which was the result of a Rump Parliament edict that all legal records and literature be translated into English. His third religious tract, The People’s Priviledge and Duty, published in 1652, addressed the issue of whether laymen should be allowed to preach; Sheppard argued that laymen should be allowed to preach and called for the repeal of ordinances forbidding it.

His religious tracts might have brought him to Cromwell’s attention, which eventually led to his employment as a legal consultant (Matthews, 1984). In the spring of 1654, Cromwell assigned Sheppard the task of formulating a plan for law reform from which was born his most important work, England’s Balme; a collection of law reform proposals. Many of these proposals were presented to Parliament as bills; they touched on such issues as reconstruction of the judicial system, recovery of debt, and improvement of local government. After the publication of England’s Balme, Cromwell promoted Sheppard to Serjeant-at-Law. According to biographer Nancy L. Matthews, this was the “supreme moment of Sheppard’s career in Cromwell’s service” (1984, p. 59).

As it stands, the Lillian Goldman Law Library holds a representative sample of all twenty-three of Sheppard’s law books. However, the library lacks twenty or so editions of his books. For instance, the library currently holds eight of ten editions of The Touchstone of Common Assurances.

If you’re interested in learning more William Sheppard and Law Reform, see:

– Kim L. Castellano, Library Intern

Kim Castellano is completing her studies for a Master’s in Library Science at St. John’s University.

First edition of William Sheppard’s Touch-stone of Common Assurances (London, 1648), his most popular work.

March 19, 2014

Giffen, Hubert van, ca. 1533-1604. Commentarius D. Huberti Giphanii … in quator libros Institutionum iuris civilis à Iustiniano … [Commentery on the Institutes of Justinian by Hubert van Giffen]. Frankfurt: Sumptibus Lazari Zetzneri bibliopolæ, 1606.

This book contains a commentary on the Institutes of Justinian written by Dutch-born German jurist and philologist Hubert van Giffen. The text is printed in black ink on handmade paper and sewn onto split thongs. The book has laced-in wooden boards and is covered in alum-tawed pigskin blind-tooled with decorative rolls and central panel stamps. The stamps show Justice and Lucretia.

The curators used different RTI modes to examine the text included in the panel stamps on the front and back of this binding.  Both of the modes shown below revealed the texts in fairly clear detail.


   

IUSTICIAQVEQVIS                                          CASTATULATMAGN

PICTURALUMINECE                                          AFORMAELUCRELA

RNISDICDEVSESTIV                                         VDEFACTATMAGEST


Using the text we found a number of other images of Lady Justice on other bindings, such as the ones below:

   

Lady Justice Stamp, EBDB           Lady Justice Stamp, BSG

A visual comparison of 16th-century, German alum-tawed bindings in the British Library (BL) database also revealed what appears to be an exact match of both the front and back stamps. The volume in the BL is Antonini Liberalis Transformationum congeries (the Transformations or Metamorphoses) of Ancient Greek grammarian Antoninus Liberalis, printed in Basel in 1568. The book shares almost the same decorative program as the Commentarius, with central panel stamps and a decorative roll of portrait busts (of Protestant reformers such as Erasmus) separated by foliage. The portrait bust roll used on Commentarius lacks identifying names.  It is possible that the two books were bound in the same workshop.

RTI of Commentarius, back and front                     Photograph of Lady Justice and Lucretia stamps, BL

 

RTI of roll from Commentarius                                   Photographs of rolls, BL


      –Notes by Fionnuala Gerrity


“Reflections on Bindings: Using New Imaging Technology to Study Historical Bindings,” is on display from February 3 - May 24, 2014, on Level L2 in the Lillian Goldman Law Library, Yale Law School.  The curators are Chief Conservator Christine McCarthy and Conservation Assistants Fionnuala Gerrity, Ansley Joe, and Karen Jutzi, Yale University Library.

Institutiones imperiales (Cölle, 1563)
March 13, 2014

Institutiones imperiales latinogermanicae : die vier bücher Institutionum Keisers Ivstiniani… [The Latin-German Institutes of the Emperor: the four books of Emperor Justinian’s Institutes…]. Cöllen: Erben Johann Quentels vnd Gerwinem Galenium, 1563.    

This book contains a parallel text of Emperor Justinian’s Institutes in Latin and German, translated by 16th-century German lawyer Justin Göbler.

The text block is printed on handmade paper in black ink, and sewn on split thongs laced into paper boards made with printer’s waste. The book is covered in alum-tawed skin and blind-tooled with decorative rolls. One roll depicts the biblical characters David and Goliath, and the other is a palmette frieze motif commonly used on books of this period.


The two images above show an RTI of the palmettes roll (left), and a rubbing of a similar roll (right) found in the Bibliotheque Sainte-Genevieve (DELTA 54853 RES, Thomas à Kempis, Opera Omnia).


The image on the left above is an RTI image of the second decorative roll, and on the right are the results of a rubbing of that roll. Using the transcribed text seen in the RTI images of the roll, we were able to find an exact match in Einbandattenbank (EBDB). The text reads DAVID SCHLEGT GOLIATH DEN PHILISTER HAVPTM; “David strikes Goliath, the headman of the Philistines”.

           –Notes by Fionnuala Gerrity. Translation of the title and stamp text is courtesy of Professor Rebekah Ahrendt, Yale Department of Music.

“Reflections on Bindings: Using New Imaging Technology to Study Historical Bindings,” is on display from February 3 - May 24, 2014, on Level L2 in the Lillian Goldman Law Library, Yale Law School.  The curators are Chief Conservator Christine McCarthy and Conservation Assistants Fionnuala Gerrity, Ansley Joe, and Karen Jutzi, Yale University Library.

Institutionum (Nuremberg, 1529)
March 10, 2014

Institutionum : seu elementorum d. Iustiniani … libri quatvor … [Institutes: or elements of Justinian … four volumes…]. Nuremberg: apvd Io. Petreium, 1529.

This binding has a decorative roll depicting Biblical scenes which were identified from the text captions. Using RTI images of the bindings, Karen Jutzi transcribed the text and found the biblical passages from which the phrases derived. Fionnuala Gerrity then searched for other decorative tools containing similar text.

The text on the panels from the decorative roll reads, from left to right:

ECCE VIRGO CONCIPIET

 “Behold a virgin shall conceive” There fore the Lord himself shall give you a sign. Behold, a virgin shall conceive, and bear a son, and shall call his name Immanuel. Isaiah 7:14 

APSORBTA EST MORS [IN VICTORIA]

“Death was swallowed up [in victory] When the perishable has been clothed with the imperishable, and the mortal with immortal, then the saying that is written will come true: “Death has been swallowed up in victory. 1 Corinthians 15:54

IPSE PECC(A)TA NOSTRA TULIT [IN CORPORE SUO…]

“He himself bore our sins [on his body…]” He himself bore our sins in his body on the cross, so that we might die to sins and live for righteousness, by this wounds you have been healed.  1 Peter 2:24

      –Notes by Fionnuala Gerrity, and text identification by Karen Jutzi

“Reflections on Bindings: Using New Imaging Technology to Study Historical Bindings,” is on display from February 3 - May 24, 2014, on Level L2 in the Lillian Goldman Law Library, Yale Law School.  The curators are Chief Conservator Christine McCarthy and Conservation Assistants Fionnuala Gerrity, Ansley Joe, and Karen Jutzi, Yale University Library.

New exhibit: "350 Years of Rebellious Lawyering"
February 20, 2014

In conjunction with the 20th Annual Rebellious Lawyering Conference at the Yale Law School, the Law Library’s Rare Book Collection has a new exhibit, “350 Years of Rebellious Lawyering,” showcasing nine historic examples of public interest lawyering.



Leach, The bribe-takers of jury-men partiall, dishonest, and ignorant discovered and abolished

William Leach. The bribe-takers of jury-men partiall, dishonest, and ignorant discovered and abolished; and, honest, judicious, able, and impartiall restored. London, 1652.

“Leach brought his experience as a common attorney, as well as a defendant, to the public discussion of legal reform that followed the execution of Charles I in 1649. … In The Bribe-Takers of Jury-Men (1652) he complained that the fall in money values allowed such disreputable types as ‘needy alehouse-keepers’, who were subject to pressure from their bailiff customers, to sit on lower court juries.” – Oxford Dictionary of National Biography


Pearce, The poor man's lawyer

Thomas Pearce. The poor man’s lawyer, or, Laws relating to the inferior courts laid open. London, 1755.

“Therefore Gaolers are the Oppressors of the People; and their Fees are Extortion; and that Thief-Catchers, Hussars and Pandours, are a Confederacy of wicked People, chiefly designed to entrap poor unwary People; and are the chief Causes of Hurrying poor abandoned Wretches into their Wiles and Contrivances.” – page 71.


Eckartshausen, Handbuch fur Kriminalrichter

Karl von Eckartshausen (1752-1803). Handbuch für Kriminalrichter. Munich, 1792.

“The present work deals with historical jurisprudence (early legislation of the ancients as well as Germans and the English) and criminology; included are the theories of Beccaria and von Soden. There is a section dealing with the bad state of prisons.” – Jeffrey D. Mancevice, Inc., August 2008 List, no. 20.


Considerazioni di Francesco Mario Pagano sul processo criminale

Francesco Mario Pagano (1748-1799). Considerazioni di Francesco Mario Pagano sul processo criminale. Milan, 1801.

“Following on from Beccaria and Montesquieu, Pagano was convinced that by means of a reform of penal law existing social and political structures could be changed, if there was enough will for reform. Pagano was one of the most active and influential members of the republican government in Naples in 1799. With the return of the Bourbons he was arrested and executed, despite the guarantees given to the Republicans in the capitulation agreement.” – Susanne Schulz-Falster Rare Books (April 2010)


Argument of William H. Seward in defence of William Freeman

Argument of William H. Seward in defence of William Freeman, on his trial for murder. Auburn, N.Y., 1846.

Freeman, an African American, murdered an entire family with an axe. “His trial, and particularly his defense by former Governor William H. Seward, aroused great excitement because of the plea of insanity. … The case did much to insure a better hearing for the insane who, until then, received small consideration in the courts.” (McDade, Annals of Murder).


Boston slave riot, and trial of Anthony Burns

Boston slave riot, and trial of Anthony Burns. Boston, 1854.

“The trial and rendition of Anthony Burns was one of the most dramatic and famous incidents in the enforcement of the Fugitive Slave Act” (Finkelman, Slavery in the Courtroom). Several of Boston’s leading lawyers, including Richard Henry Dana, argued unsuccessfully for Burns’ release. After a disastrous attempt to rescue Burns, he was sent back to slavery under heavy military guard.


Argument of Clarence Darrow in the case of the Communist Labor Party

Argument of Clarence Darrow in the case of the Communist Labor Party in the Criminal Court, Chicago. Chicago, 1920.

“I am interested in the verdict of this jury as to whether this country shall be ruled by the conscienceless men who would stifle freedom of speech when it interferes with their gold; or whether this jury will stand by the principles of the fathers and, whether so far as you can, you will stop this mad wave that threatens to engulf the liberty of the American citizens.” – page 11


 pardon Tom Mooney-innocent

Governor Young: pardon Tom Mooney-innocent. San Francisco, 1930.

Tom Mooney (1882-1942), a militant labor organizer, and his colleague Warren Billings were framed on murder charges in 1916. Their death sentences were commuted to life in prison. This pamphlet is part of the decades-long campaign to win their release, which resulted in Mooney’s pardon in 1938. The Law Library has close to 30 items on the Mooney case.


Mr. Natural in Bailed out

Legal Self-Defense Group. Mr. Natural in Bailed out. Boston, 1971?

“Drawn in the style of Robert Crumb, and featuring his character ‘Mr. Natural,’ but signed ‘by a Follower of R. Crumb.’ The Legal Defense Group appears to have been a section of the Massachusetts Lawyers Guild, a left -wing legal consortium devoted to civil liberties.” – Lorne Bair Rare Books, Catalog 12, no. 94


“350 Years of Rebellious Lawyering” was curated by Mike Widener, Rare Book Librarian, and Ryan Greenwood, the 2013/14 Yale Law Library Rare Book Fellow. The exhibit is open to the public, 9am-10pm daily, February 20 - April 30, 2014, on Level L2 in the Lillian Goldman Law Library, Yale Law School.


Institutionum: seu elementorum d. Iustiniani (Nuremberg, 1529)
February 10, 2014

Rare book bindings are fascinating objects, which are often beautifully decorated with intricate images. Reflectance Transformation Imaging (RTI) offers exciting new possibilities for safely capturing a book’s surface decorations, revealing details that cannot be seen using traditional methods or the naked eye. A new exhibit of books treated to these innovative techniques is now on display at the Lillian Goldman Law Library.

“Reflections on Bindings: Using New Imaging Technology to Study Historical Bindings,” features books from the Rare Book Collection of the Law Library, which have been analyzed using RTI to show exquisite details from early modern blind-stamped bindings. These details can help us to identify the book’s early owners and understand attitudes about the books within the bindings.

The analysis was expertly undertaken by members of Yale University Library’s Conservation & Exhibition Services team, who curated the exhibit. The curators are Chief Conservator Christine McCarthy and Conservation Assistants Fionnuala Gerrity, Ansley Joe, and Karen Jutzi.

The exhibit is open to the public, 9am-10pm daily, February 3 - May 24, 2014, on Level L2 in the Lillian Goldman Law Library, Yale Law School.

For more information, contact Mike Widener, Rare Book Librarian, at (203) 432-4494 or <mike.widener@yale.edu>.

Shown at left is one of the books on display, Institutionum: seu elementorum d. Iustiniani (Nuremberg, 1529).

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