Rare Books Blog

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).

Francis Hargrave's Argument in the Case of James Sommersett a Negro (1772)
January 25, 2014

Among all the volumes our library acquired from Anthony Taussig, few hold as much historical significance or research potential as those authored or owned by Granville Sharp (1735-1813), one of the founders of the British abolition movement.

The most notable is the book pictured at left, Sharp’s own copy of Francis Hargrave’s Argument in the case of James Sommersett a Negro, lately determined by the Court of King’s Bench: wherein it is attempted to demonstrate the present unlawfulness of domestic slavery in England (London, 1772). Sommersett v. Stewart (20 State Trials 1 (K.B. 1772)) is one of the landmark cases in the abolition of slavery, with Lord Mansfield ruling that a slave became free when he set foot on English soil. James Somerset had come from Virginia with his master and sought refuge with Sharp after his escape. Sharp himself orchestrated Somerset’s defense. Sharp annotated this copy with extensive notes, some of them tipped in on separate sheets.

For more on the research potential of this outstanding little book, see “Sharp’s Numbers” in Mark Weiner’s Worlds of Law blog, which includes a video interview Mark did with me about the book.

Another of the acquisitions, Sharp’s Representation of the injustice and dangerous tendency of tolerating slavery or of admitting the least claim of private  property in the persons of men, in England (London, 1769), is considered to be the first British anti-slavery tract.

Several of the titles are products of Granville Sharp’s advocacy for Parliamentary reform and civil rights. These include A declaration of the people’s natural right to a share in the legislature (London, 1775) , where he argued for representation of the American colonies in Parliament, and The legal means of political reformation (7th ed.; London, 1780?), Taussig’s copy inscribed “The gift of the Author”.

Another volume that belonged to Sharp demonstrates his interest in Campbell v. Hall (20 State Trials 239 (K.B. 1774)), an important case involving the application of common law in England’s colonies. The volume contains two pamphlets from the trial, Campbell esq. against Hall esq.: the first argument in this cause upon the special verdict, Hilary-term, 1774 [London?, 1774?] and Lord Mansfield’s speech in giving the judgment of the Court of King’s-bench … in the cause of Campbell against Hall (London, 1775). Sharp wrote extensive notes in the margins, as shown below, and on tipped-in sheets. Modern scholars have looked to Campbell v. Hall on the question of whether Lord Mansfield’s decision in the Somerset case had any relevance for slavery the colonies; see George Van Cleve, “Somerset’s Case and Its Antecedents in Imperial Perspective,” 24 Law & History Review 601 (2006) and the accompanying commentaries. Was Sharp was asking the same question? Come see for yourself; there’s a good research paper or article lurking here.

— MIKE WIDENER, Rare Book Librarian

Campbell esq. against Hall esq.: the first argument in this cause upon the special verdict, Hilary-term, 1774 [London?, 1774?], showing Granville Sharp’s handwritten notes.


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

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

Bryan A. Garner
December 5, 2013

Bryan A. Garner, the world’s leading legal lexicographer, will give a talk on Monday, December 9, about the exhibit of association copies from his private book collection, which is currently on display in the Lillian Goldman Law Library, Yale Law School.

Garner, Editor in Chief of Black’s Law Dictionary, has amassed a private collection of 36,000 books. He is particularly drawn to “association copies,” books once owned or inscribed by their authors or other significant individuals. The inscriptions, says Garner, are an “ineffable connection” with those who once signed or owned the book.

Garner’s talk is scheduled for 1pm on December 9 in Room 128 of the Yale Law School, 127 Wall Street in New Haven. A limited number of exhibit catalogues will be available for those who attend the talk.

The exhibit, “Built by Association: Books Once Owned by Notable Judges and Lawyers,” includes books inscribed by John Jay, the first chief justice of the U.S. Supreme Court, and Clarence Darrow, the most famous trial lawyer in American history. Other notable figures include Supreme Court Justices Oliver Wendell Holmes, Jr. and Benjamin Cardozo, and Lindley Murray, a lawyer best known as “the father of English grammar.” Three of the authors taught at Yale Law School: Supreme Court Justice William O. Douglas, Judge Jerome Frank, and the iconoclastic Professor Fred Rodell.

Garner has been editor in chief of Black’s Law Dictionary since 1996. He has authored many other standard reference works in legal lexicography and legal writing, including Garner’s Dictionary of Legal Usage (3d ed. 2011), The Elements of Legal Style (2nd ed. 2002), and The Redbook: A Manual on Legal Style (3rd ed. 2013). He is the co-author with U.S. Supreme Court Justice Antonin Scalia of Making Your Case: The Art of Persuading Judges (2008) and Reading Law: The Interpretation of Legal Texts (2012). Garner is also the author of Garner’s Modern American Usage (3rd ed. 2009), published by Oxford University Press. Garner is the owner of LawProse, which conducts seminars in legal writing around the world. He is also Distinguished Research Professor of Law at Southern Methodist University.

Garner curated the exhibit, with assistance from Mike Widener, Rare Book Librarian in the Lillian Goldman Law Library.

The exhibit is open to the public, 9am-10pm daily, through December 18 on Level L2 of the Lillian Goldman Law Library, Yale Law School.

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