Rare Books Blog

February 8, 2011



John Selden, 1584-1654. The historie of tithes that is, the practice of payment of them (London, 1618). Collection of the Elizabethan Club of Yale University; gift of the daughters of Samuel Hart Selden, May 1922.


Early modern legal scholarship focused at great length upon the question of whether secular or ecclesiastical courts were supreme. Between 1605 and 1613, a series of ecclesiastical lawyers and scholars drew upon the interpretations of medieval canon lawyers and some historical evidence to make strident attacks upon lay ownership of tithes. John Selden’s 1618 Historie of Tithes, a major work of legal history, responded to this controversy. He analyzed European laws and natural law theory to show that payment of tithes had always been a matter for local secular courts instead of being determined by the laws of God in ecclesiastical courts.

    – 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 8, 2011

Lancelot Andrewes, 1555-1626. A sermon preached before the kings maiestie, at Hampton Court, concerning the right and power of calling assemblies (London, 1606). Collection of the Elizabethan Club of Yale University; gift of Henrietta C. Bartlett.

When James I acceded to the throne he became Supreme Governor of the Church of England. In 1606, he asserted similar control over the Church of Scotland after a group of Presbyterian ministers claimed the authority to convene meetings of the Scottish church’s General Assembly, in defiance of the King’s wishes. James reacted by summoning eight of the dissenting Scottish ministers to Hampton Court where four ministers lectured them on the pointed question: “What the king may doe in maters ecclesiasticall, and whether or not he had wholly the power of Conveenning and discharging Assembleis?” Lancelot Andrewes, then Bishop of Chichester, and a favorite of James, defended the king’s ancient right to control the Church of Scotland in this sermon. Andrewes would later defend James’s persecution of Catholics following the Gunpowder Plot of 1605 and serve as Bishop of Ely, Bishop of Westminster, and dean of the Chapel Royal.

    – 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 8, 2011



Francis Beaumont, 1584-1616. The masque of the Inner Temple and Grayes Inne (London, 1613). Collection of the Elizabethan Club of Yale University.


In addition to serving as centers of legal training, the Inns of Court provided social activities for students and their teachers, and training in the courtly arts. Students studied fencing and music, and engages in an ample amount of gaming and drinking. The performance of masques for special occasions was an important part of life at the Inns. Students elected masters of revels and learned dancing, particularly in the period following the rise of the Stuarts. This masque was staged by members of the Inner Temple and Gray’s Inn and was performed before King James I and Queen Anne.

    – 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 8, 2011

We thank the following for their help and support in preparing this exhibit… Justin Zaremby & Mike Widener

  • Stephen Parks, Librarian of the Elizabethan Club
  • The Board of Incorporators of the Elizabethan Club
  • Nadine Honigberg, The Elizabethan Club
  • John H. Langbein, Sterling Professor of Law and Legal History, Yale Law School
  • S. Blair Kauffman, Law Librarian and Professor of Law, Yale Law School
  • John Stuart Gordon, Benjamin Attmore Hewitt Assistant Curator of American Decorative Arts, Yale University Art Gallery
  • Shana Jackson, Lillian Goldman Law Library
  • Henry Granville Widener

“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 5, 2011


Jonas Adames. The order of keeping a court leete, and court baron (London, 1593). Rare Book Collection, Lillian Goldman Law Library; acquired with the John A. Hoober Fund.


As early as the thirteenth century, sheriffs and stewards could turn to a series of manuscripts that explained the procedures of local courts. While legal treatises by figures such as Bracton and Glanvill offered larger discussions of the common law, these smaller treatises were focused on practical matters. Following the invention of the printing press, the ease with which these guides were distributed helped standardize judicial institutions across the country. Adames’s 1593 guide is the earliest of such manuals to appear in English instead of Latin. His guide reflected changes to the judicial system under the Tudors, explaining details of both common law and statutory law.

    – 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.

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.


Pages

Subscribe to Rare Books Blog