Rare Books Blog

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).

February 6, 2014

Annotated student books and student notebooks form another trove among the Beinecke’s Taussig manuscripts. A wide range of these can shed light on the structure of legal education, classroom interpretations of the law and noted lecturers, and the reading and notetaking habits of young law students.

Some student books in the collection provide views of a broader humanities education. A student notebook of William Worth (1677-1742), a churchman and classical scholar, offers one example. Much like Blackstone later, Worth became a fellow of All Souls College, Oxford, but continued on to earn his B.D. in 1705 and a D.D. in 1719. From 1705 he was also archdeacon of Worchester, and added benefices over a full career. As a scholar, Worth edited Tatiani Oratio ad Graecos, Hermiae irrisio gentilium philosophorum (1700) – also online – and assisted on other works.

Worth was perhaps the kind of “monastic” student Blackstone believed Oxford should no longer cater to, though his notebook reflects moral and historical readings appropriate to the humanities rather than divinity. Among Worth’s readings was also law, in an abridged Of the Law of Nature and Nations (1672) by Samuel Pufendorf (1632-94). The text is a reminder that fundamental legal works on natural law and the law of nations were not just abstract “legal philosophy” but also important for early modern and Enlightenment moral theory, and sat comfortably beside exemplary works of ancient and contemporary history on student shelves.

The Worth notebook at the Beinecke, dated January 31, 1714, contains excerpted works ranging from the serious to the somewhat whimsical. The notebook also has two beginnings, being written front-to-back, flipped over and written back-to-front, with a run of blank pages in the middle. The works, which Worth closely paraphrased or copied without adding his own opinions, partly reveal the balance of history and moral theory, rhetoric, philosophy and literature, with which an Oxford student might be familiar. The excerpts are from:

“An Abridgement of Pufenforf’s Law of Nature and Nations”; “The Gentleman’s Calling” by John Fell (1625-86), an Oxford Dean and disciplinarian; a “Life of King Henry VIII”; Aristotle’s Rhetoric; Cicero’s “Treatise concerning Old-Age” (De senectute); a fragment on “Reading History”; “Mr. Locke on Humane Understanding”; “The History of the First Earl of Cork”; the “last will and testament” of William Petty (1623-87), apparently the English economist, scientist and philosopher; various recipes, including how to make invisible ink, how to marinate 100 herrings, and how to make soap-cakes; and a few copied poems and letters.

–RYAN GREENWOOD, Rare Book Fellow

January 31, 2014

The correspondence of major English judges, lawyers and legal academics is one rich area to explore in the Beinecke’s Taussig Collection of English legal manuscripts. These letters and letter collections offer wonderful insight into the lives and careers of leading English legal figures, and in some cases can form the basis of fuller biographical accounts.

William Blackstone (1723-80) is one of the great figures in English legal history. His correspondence in the Taussig Collection, while not extensive, is a valuable record of an important, transitional moment in his career, and complements the preeminent Blackstone Collection of printed works at the Lillian Goldman Law Library.   

Born into a prosperous merchant family, Blackstone was educated at Pembroke and All Souls College, Oxford, and admitted to the Middle Temple in 1741 to become a barrister. After being called to the Bar, and taking a doctorate in civil law (1750), Blackstone worked in private practice in London, and at Oxford as an administrator, where he set his hand to reform. Although it is unclear when they were first offered, Blackstone also embarked on courses of legal lectures at Oxford, which drew income from fee-paying audiences. In 1758, Blackstone became the first Vinerian Professor of English Law there, a somewhat unhappy tenure until his formal resignation in 1765.  

Fortunately for Blackstone, his growing reputation attracted some noble friends and patrons. With support, he was able to secure a seat in the House of Commons in 1761, while he cast around for other positions and appointments – some modest, others more prestigious – which would furnish income and further his career.

The Blackstone correspondence in the Taussig Collection largely dates to this key period, and shows the jurist – just prior to the publication of his great work, the Commentaries on the Laws of England (1765-69) – entreating friends and jockeying for professional positions. In a letter to his younger patron, Lord Shelburne, Blackstone asks for a position as Justice of Chester (OSB MSS 184, Box 32, #186, December 27, 1761), and he plainly confesses his wish to become an English judge (Box 32, #186, July 29, 1762). In December of 1762, Blackstone enlists Shelburne’s assistance to overturn the nomination of George Perrot for a position in the Exchequer of Pleas, which Blackstone at that moment coveted (Box 32, #189).

Aside from career ambitions, the letters shed fleeting light on English politics and on Blackstone’s administrative plans. In one, Blackstone hints at his ideas for curricular reform at Oxford, remarking that higher education should benefit (largely wealthy, upwardly mobile) laymen, rather than the “monastic” clergy for whom English education had been tailored for centuries (Box 32, #186, December 27, 1761). In another, Blackstone discusses the proposed appointment of an administrator for Oxford University Press, where Blackstone worked significantly for reform (Box 34, #268, November 17, 1764).  For more on Blackstone and the OUP, see Mike Widener’s great recent post.  

Together, the Blackstone letters from the Taussig Collection capture Blackstone in the midst of a dynamic decade, which not only saw the publication of his towering literary achievement, but also the fitful movements of a career in which Blackstone hoped to become a leading English judge.

For more on Blackstone’s life and correspondence, see the excellent book by Wilfrid Prest, William Blackstone: Law and Letters in the Eighteenth Century (Oxford, 2008), and his edition of Blackstone’s letters, The Letters of Sir William Blackstone, 1744-1780 (London, 2006).

– RYAN GREENWOOD, Rare Book Fellow

January 29, 2014

This summer saw the Library’s acquisition of extraordinary printed works on English law from Anthony Taussig, as well as his legal and law-related manuscripts, which were acquired by the Beinecke Rare Book and Manuscript Library. These manuscripts include printed works with significant annotations, and now form part of the Osborn Collection of English Literary and Historical Manuscripts. The Beinecke’s Taussig Collection has ample treasures waiting for students and researchers, from 13th-century manuscripts to notable correspondence of 19th-century English judges and politicians, and works by some of the great English legal writers and lawyers.

An excellent finding aid for the Beinecke’s Taussig Collection is available online through the catalog record in Orbis. The collection is also physically significant, comprising 48.29 linear feet and 73 boxes which contain around 400 manuscript items. Highlights include a late 13th-century manuscript of Bracton’s De Legibus et Consuetudinibus Angliae (“On the Laws and Customs of England”), among other medieval manuscripts; the main archive of the manuscripts and annotated books of Sir Michael Foster, a noted 18th-century justice of King’s Bench; correspondence of William Blackstone, the great 18th-century English jurist, and a great variety of treatises, annotated law books, student notes, pocket diaries, trial notebooks and case reports, all dating from the 13th- through 19th-centuries.

Referring to Taussig’s collection of printed and manuscript materials, the Beinecke’s news release said it well: “Together, these form the world’s most extensive private collection ever assembled for the study of the cultural and intellectual history of law in England.” It is a peerless collection and a boon to students of English legal history.

Before consulting the collection, students and researchers may want to check the great printed guide to the Taussig manuscripts, A Catalogue of the Legal Manuscripts of Anthony Taussig (London: Selden Society, 2007), compiled by the eminent legal historian Sir John H. Baker. The catalogue offers a perfect starting point for further work, particularly since the Beinecke’s collection has maintained the numbers and order of the printed catalogue.

Stay tuned for a few glimpses at items from the Beinecke’s Taussig holdings…

–RYAN GREENWOOD, Rare Book Fellow

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


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