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Papal resignations: the case of Celestine V
The news of Pope Benedict XVI's resignation brings to mind an image from our rare book collection that illustrates a previous papal resignation, that of Pope Celestine V. Celestine appears together with his successor, Boniface VIII, in an image at the opening of a 1514 edition of the Liber Sextus: Sextus decretalium liber a Bonifacio. viij. in concilio
Lugdunensi editus (Venice: Luca Antonio Giunta, 1514). The Liber Sextus formed part of the Corpus Juris Canonici ("The Body of Canon Law") that served as the foundation of canon law in the Catholic Church from the Middle Ages until 1917.

It is unsurprising to find images of Boniface VIII at the opening of the Liber Sextus, since he is the pope who ordered its compilation. It is surprising to find such unflattering images. The woodcut depicts two scenes from Boniface's life.
In the foreground, Boniface embraces a fox who pulls the papal tiara from the head of his predecessor, Celestine V. A dove over Celestine's head symbolizes the Holy Spirit conferring its blessing upon Celestine. In essence, the image repeats the accusation that Boniface tricked the saintly Celestine into resigning.
Celestine V had been a monk renowned for his piety and asceticism, who founded a strict branch of the Benedictines. A divided College of Cardinals elected him in July 1294 after having failed for over two years to elect one of their own. The new pope accepted his election reluctantly, and soon concluded that he was unfit and unwilling to continue to serve as pope. Some sources say Celestine's decision to resign was his alone, while others say Cardinal Benedetto Gaetani, the future Boniface VIII, goaded and tricked him into resigning. All agree that Boniface drafted the papal constitution authorizing a pope's resignation. Boniface was elected pope immediately afterward, in December 1294. Celestine tried to return to a hermit's life, but he died as Boniface's prisoner in 1296. Celestine was canonized in 1313.
Interestingly, Pope Benedict XVI visited Celestine's remains in 2009, after they had survived the L'Aquila earthquake (see photos here). He proclaimed the Celestine Year from 28 August 2009 to 28 August 2010, to mark the 800th anniversary of Celestine's birth.
On the right of the image shown here is a scene from the end of Boniface VIII's papacy, in 1303. He was taken prisoner by the powerful Colonna clan of Rome, with whom Boniface carried on a bitter and bloody feud. The Colonnas and their ally, King Philip IV of France, demanded Boniface's resignation, to which Boniface replied that he would "sooner die." His wish was granted a few days later. It was Philip IV who later nominated Celestine V for sainthood.
Both Boniface and Celestine make appearances in Dante Alighieri's Divine Comedy. Dante places Boniface in the eighth circle of Hell, reserved for those guilty of simony. Dante's exile from Florence was a direct result of Boniface VIII's political machinations, and Boniface was "Dante's most reviled theological, political, and
personal enemy" (Danteworlds website, University of Texas at Austin). Celestine V is believed to be the coward beside the gate of Hell who made "the great refusal" by abdicating the papacy and paving the way for Boniface's election as pope.
For citations to scholarly writings on papal resignations in the Middle Ages, see "The first papal abdication since six centuries", a posting in the excellent Rechtsgeschiedenis Blog, "Legal history with a Dutch view." The Wikipedia articles on Celestine V and Boniface VIII provide additional details and links to additional sources.
-- MIKE WIDENER, Rare Book Librarian
Happy Holidays!
Best wishes
for a HAPPY HOLIDAY SEASON
and a Prosperous 2013!
MIKE WIDENER, Rare Book Librarian

Tree of consanguinity from a 15th-century Austrian manuscript of
Giovanni d'Andrea's Super arboribus consanguinitatis et affinitatis.
New book with our images

A new book by José Cárdenas Bunsen, Escritura y Derecho Canónico en la obra de fray Bartolomé de las Casas (Madrid: Iberoamericana-Vervuert, 2011), includes several illustrations taken from the Rare Book Collection, including those adorning the cover. The images come from the 1514 editions of the Liber Sextus of Boniface VIII and the Decretals of Gregory IX, issued by the Venetian printer Luca Antonio Giunta.
Bartolomé de las Casas (1484-1566) is considered a pioneer in the campaign for human rights.He participated in the Spanish conquest of Cuba and was shocked by the atrocities that the Spaniards inflicted on the native inhabitants. He eventually entered the Dominican order, was later named Bishop of Chiapas, and spent the last fifty years of his life as an outspoken advocate for the rights of native peoples. See his biography in Wikipedia for a fuller account.
In his book, Cárdenas Bunsen argues that canon law played a decisive role in shaping the world view of de las Casas and the arguments he deployed in his writings, such as the Brevísima relación de la destrucción de las Indias (Brief Account of the Destruction of the Indies). The book also includes a useful description of canon law studies at the University of Salamanca in the early 16th century.
Cárdenas Bunsen is now Assistant Professor of Spanish at Bucknell University, and was a frequent visitor to the Rare Book Room while researching his doctoral dissertation at Yale.
MIKE WIDENER
Rare Book Librarian
New Flickr images: Tractatus iuris

There are two new sets of images in the Rare Book Collection's Flickr galleries: Tractatus iuris (1549) and Tractatus universi iuris (1584-86). Apart from the title pages, you won't see any pretty pictures in these image sets. What you will see are tables of contents and indexes of authors and titles for these two massive compilations of Roman and canon law scholarship. The images were cropped and edited for legibility, not for aesthetics. I scanned the images to save myself the trouble of wrestling these large and unwieldy volumes, but I hope researchers will benefit as well.
The 18-volume Tractatus ex variis iuris interpretibus (1549) was published by a consortium of Lyon printers. Its tall folios contains 458 separate works by over 200 different authors on virtually any topic of interest to lawyers and jurists of the time, and served as a sort of encyclopedia of the ius commune. Topics include arbitration, contracts, heresy, debt, adultery, taxation, judicial torture, banking, estates, criminal procedure, and the law of war, to name just a very few. Most of the leading authors of medieval and Renaissance jurisprudence are represented, including Baldus, Bartolus, Durandus, Odofredus, Jean Montaigne, Jacobus de Arena, Johann Oldendorp, and Guy de la Pape.
A much-expanded expanded edition, the 22-volume Tractatus universi iuris, was issued in 1584-86 by the Venetian publisher and bookseller Francesco Zilletti. It contains 754 titles by 362 authors, including several jurists who rose to prominence after the publication of the 1549 edition (i.e. Joost de Damhoudere, Benvenuto Stracca).
I hope that putting the author and title contents of these sets online will encourage others to study them. They are of interest for a number of reasons.
In connection with the history of the book, these were quite large and ambitious publishing ventures for their time. The 1549 Lyon edition required a consortium of printers, including Thomas Bertellus, Georges Regnault, and Pierre Fradin. It is tempting to speculate on a link between Pope Gregory XIII's sponsorship of the 1584-86 Tractatus universi iuris and the fine the Inquisition levied against its printer, Francesco Zilletti, a couple of years earlier for selling prohibited books.
An analysis of how the contents changed between the 1549 and 1584-86 editions would shed light on developments in legal scholarship. My cursory look at the contents reveals signs of the Counter-Reformation. The 1549 Tractatus contained 13 articles by the German jurist Johann Oldendorp, who was also a leader in the Protestant Reformation, but in the 1584-86 edition Oldendorp is nowhere to be found.
MIKE WIDENER
Rare Book Librarian
Provenance puzzle #2 -- solved!

I have two people to thank for independently solving my Provenance Puzzle #2: my friend the San Antonio tax attorney and bibliophile Farley Katz, and Christopher Frey of Antiquariat Inlibris Gilhofer in Vienna.
The armorial stamp, shown at left, is of the Austrian nobleman Joseph Anton von der Halden (1665-1728) from Vorarlberg, who was
created Baron in 1686. The letters around the border of the stamp, "I A E V D H F Z A H Z A V O", stand for
"Ioseph Anton Eusebius von der Halden Freiherr zu Authenried Herr zu
Anhofen und Ochsenbrunn."
This stamp is found on fourteen folio volumes that came to the Lillian Goldman Law Library as part of the Roman-Canon Law Collection of the Association of the Bar of the City of New York. They are all bound in stamped pigskin over wooden boards with rounded spines.
Farley Katz provided his solution via the wonderful Can You Help? website sponsored by the Consortium of European Research Libraries (CERL) and operated by Dr. David Shaw. It enables users to post images and descriptive information for bookplates, armorial stamps, and other provenance evidence that they cannot identify, in the hopes that others can provide answers. It's crowd-sourcing for provenance research. Farley's solution to Provenance Puzzle #2 can be found here.
Christopher Frey provided an additional source for von der Halden: Alexander Schneder, "Die Von der Halden in Vorarlberg. Eine genealogische Studie", in Jahrbuch der Heraldisch-Genealogischen Gesellschaft 'Adler', Jg. 1951/54, Folge 3, vol. 3 (Vienna 1954), p. 30-43.
Quoting from Frey's email to me: "We once had a set with these exact armorial stamps - Leibniz's Codex juris gentium diplomaticus (Hannover, 1693), which later ended up in the library of King Ernst August I of Hanover (1771-1851). King George V of Hanover later presented the set to the historian Onno Klopp, who followed the King into exile to Vienna. The set then turned up in the library of the Vienna Discalced Augustinians, from where we acquired it." It turns out that Frey's firm sold this set to our next-door neighbors, the Beinecke Rare Book and Manuscript Library.
Additional help came from Susan L'Engle of the Vatican Film Library, St. Louis University, and from Klaus Graf.
MIKE WIDENER
Rare Book Librarian
Medieval Manuscripts in Law Book Bindings, no. 18
Fragment: Sextus liber decretalium (Bologna or Padua)
Date: c. 1320-1330?
Found in: Bologna (Italy). Statutorum inclytae civitatis ... Bononiae, vol. 2. Bologna: Giovanni Rossi, 1569.

Pope Boniface VIII (1294-1303) held a doctorate in canon and civil law and, like Gregory IX seventy years earlier, sought to update and expand the body of canon law jurisprudence. He did so by commissioning a new collection of decretals, which he sent to the universities in 1298 with instructions that it be incorporated into the canon law curriculum. The Sextus liber decretalium (the Sixth Book of Decretals, often simply called the Liber sextus) thus took its place beside the Decretum and the Decretales Gregorii IX as a core element of the Corpus iuris canonici. The standard gloss of the Liber sextus was written by Giovanni d'Andrea in the early 1300s.
In the fragment of the Liber sextus seen here (from Book 5, Title 2, Chapter 20) Boniface himself discusses techniques for questioning suspected heretics. Giovanni d'Andrea's gloss surrounds the main text. The manuscript was probably copied in Bologna as the script is characteristic of Bolognese gothic book hands.
-- Notes by Benjamin Yousey-Hindes, Stanford University
POSTSCRIPT: Richard Rouse (UCLA) assigns an Italian origin to the manuscript and calls attention to the line fillers, which look like exclamation points. Susan L'Engle (Saint Louis
University) believes the manuscript is from Bologna or Padua, 1320-1330?, and notes the "Italian script, text keyed to gloss by letters of alphabet, an Italian practice."
Larger versions of this and other images are available from the Medieval binding fragments gallery of the Rare Book Collection's Flickr site.
If you can provide additional information about the manuscript fragment
displayed here, you are invited to send an email to
<mike.widener[at]yale.edu>.
"Reused, Rebound, Recovered: Medieval Manuscript Fragments in Law
Book Bindings" is curated by Benjamin Yousey-Hindes and Mike Widener,
and is on display through May 2010 in the Rare Book Exhibition Gallery,
Level L2, Lillian Goldman Law Library, Yale Law School.
Medieval Manuscripts in Law Book Bindings, no. 17

Fragment: Decretales Gregorii IX, with gloss (Bologna or Avignon)
Date: c. 1240-50
Found in: Massa, Antonio. De usuris. Rome: Valerio Dorico, 1557.

The landscape of medieval jurisprudence changed radically in the 12th century, when the monk Gratian's revolutionary collection of canons and decrees known as the Decretum began to circulate, quickly becoming the core textbook for canon law. During the decades that followed, scholars and students identified many issues that current canon law was unable to resolve, and because of this, more and more bishops sent queries to the papacy seeking guidance for cases in their diocesan courts. The letters that the popes sent back to these bishops were known as "decretals." Since there was no system of court reporting, jurists who wished to keep abreast of the law would copy any decretal they came across. These informal private collections rapidly gave way to more systematic compilations that found their way into the canon law curriculum. Concerned by the lack of an "official" body of updated canon law, Pope Gregory IX instructed the canonist Raymond of Peñafort to assemble an authoritative supplement to the Decretum. The Decretales Gregorii IX (commonly referred to as the Liber extra) was made official canon law in September 1234.
The fragment visible here contains the end of Book 1, Title 14 and the beginning of Book 1, Title 15 in the second column, along with the standard academic commentary on that passage (known as the "gloss") in the first column. The standard gloss for the Decretales Gregorii IX was written by the jurist Bernard of Parma in the 1260s. The beginning of Title 15 (on anointing the sick) is marked by illuminated initials in both the gloss and the main text. Inside the front cover of the wrapper (not visible here), a medieval reader has carefully marked a passage (from X 1.14.14) using a drawing of a small hand (a notation called a manicula). The passage reads, in translation, "For it is preferable, especially in the ordination of priests, to have a few good ministers than many bad ones, for if a blind man leads another blind man, both will fall into the pit."
-- Notes by Benjamin Yousey-Hindes, Stanford University
POSTSCRIPT: Richard Rouse (UCLA) believes the manuscript originates in Italy or Avignon; Susan L'Engle (Saint Louis
University) believes the manuscript is from Bologna and dates it 1240-1250.
Larger versions of this and other images are available from the Medieval binding fragments gallery of the Rare Book Collection's Flickr site.
If you can provide additional information about the manuscript fragment
displayed here, you are invited to send an email to
<mike.widener[at]yale.edu>.
"Reused, Rebound, Recovered: Medieval Manuscript Fragments in Law
Book Bindings" is curated by Benjamin Yousey-Hindes and Mike Widener,
and is on display through May 2010 in the Rare Book Exhibition Gallery,
Level L2, Lillian Goldman Law Library, Yale Law School.
A visit from Yale's Directed Studies students
I was pleased to welcome about 30 freshmen from Yale's Directed Studies program to the Paskus-Danziger Rare Book Room on November 4. They were accompanied by three of the Directed Studies faculty: Edwin Duval (French), Paul Freedman (History), and Justin Zaremby (Yale College and Law '10).
Directed Studies provides an interdisciplinary study of Western civilization to 125 selected Yale freshmen via three year-long courses -- literature, philosophy, and historical & political thought -- that focus on the central texts of Western civilization.
We viewed several books and manuscripts from among the foundational texts of European and English law, and how these texts shaped and were shaped by legal education. From Europe there was a 13th-century compilation of the Institutes, Code, and Novels of Justinian, and a 14th-century manuscript of the Clementines from the Corpus Juris Canonici, which show the development of the gloss as an outgrowth of the law lectures at the university in Bologna. The Institutes themselves had been promulgated by the Roman emperor Justinian in the 6th century as a textbook for learning Roman law. Likewise for canon law, the Decretum of Gratian was not merely a compilation of papal legislation, but a tool for teaching canon law at Bologna. Early printed editions of Justinian's Institutes (1516) and the Liber Sextus (1514) show how the structure of text-and-gloss shaped the layout of early printed law books. Legal humanists later stripped away the medieval gloss, but an 18th-century scholar replaced the gloss with his own study notes in an interleaved copy of the Institutes.
University-trained jurists in Europe had to plow through every line of Justinian's texts or the Corpus Juris Canonici to earn their doctorates in law. In England, by contrast, lawyers did not study English common law in universities but at the Inns of Court, and they did not study foundation texts as the Europeans did. On view for the students was one of our two 13th-century manuscripts of Bracton, the text that tried to do for English law what Justinian's Institutes did for Roman law, but failed. Education in the common law was practice-based; students attended hearings in the royal courts and studied cases from the Year Books, the anonymous medieval case reports that focused on procedure rather than outcomes. The first text written for English law students was Littleton's Tenures, a little treatise on land law that ws reprinted over seventy times across four centuries. Sir Edward Coke's commentary on Littleton once again adapted the device of the gloss, with Coke's dense and learned notes almost swallowing up Littleton's original text. The copy of Coke on Littleton (1633) that the students viewed has additional layers of extensive manuscript notes, attributed to the English author Samuel Butler (1612-1680), author of a best-selling satire on the Puritans, Hudibras, and Butler's patron William de Longueville (1639-1721).
The book that revolutionized common-law legal education, especially for do-it-yourself'ers in the early United States, was Sir William Blackstone's Commentaries on the Laws of England, the first book to give a comprehensive overview of English law in prose that an educated layman could digest. On view for the students was the 1790 edition of the Commentaries printed in Worcester, Mass., by the pioneering American printer Isaiah Thomas, as well as a student notebook (New England?, 1810?), where the student's geography notes are followed by "Questions and Answers upon Law: Blackstone's Commentaries."
My thanks to Justin Zaremby for organizing this visit. The students enjoyed the chance to see the books up close and actually handle them. Let's do it again!
MIKE WIDENER
Rare Book Librarian
Portrait gallery: "Dottori Modonesi"
My Flickr frenzy continues... Another new portrait gallery in the Rare Book Collection's section of the Yale Law Library Flickr site comes from Lodovico Vedriani's Dottori Modonesi di teologia, filosofia, legge canonica, e civile (Modena, 1665). The majority of the 36 portraits are of the leaders of Modena's legal profession, along with churchmen, diplomats, politicians, and authors. One woman is included: Tarquinia Molza. Each portrait is accompanied by a lengthy panegyric highlighting the individual's virtues and accomplishments.
The example below is of Aurelio Bellencini, "gran leggista," one of four Bellencini family members pictured in the book.
Our copy of Dottori Modonesi is bound with Vedriani's most well-known work, Raccolta de pittori, scultori et architetti modonesi (Modena, 1662), an important source for art historians. Our copy is also notable for having once formed part of the enormous private library of Richard Heber (1773-1833).
MIKE WIDENER
Rare Book Librarian

A gallery of illustrious jurists
One of the first portrait albums ever published featured Italy's outstanding jurists, Antoine Lafréry's Illustrium iureconsultorum imagenes (Rome, 1566?). The book consists of 25 portraits, attributed to Niccolò Nelli, that reportedly were based on a set of
portraits in the collection of Mantova
Benavides, a jurist in Padua. The volume is one of the treasures of the Lillian Goldman Law Library's Rare Book Collection.
Scanned images of all the portraits are now up in the Law Library's Flickr site. The portraits are of leading jurists from the 13th to 16th centuries, and include such famous names as Accursius (ca. 1182-1260), the compiler of the standard gloss to the Corpus Juris Civilis, Bartolus of Sassoferrato (1313-1357), and the Renaissance humanist Andrea Alciati (1492-1550). In the
midst of the 24 jurists' portraits is,
inexplicably, the image of Dante
Alighieri. Below is the portrait of Gerolamo Cagnolo (1491-1551), author of commentaries on the Digest and Code of Justinian.
MIKE WIDENER
Rare Book Librarian

Recent rare book acquisitions, Winter 2008-2009
Here are a few of the highlights from our acquisitions in the past three months.
For our growing collection of illustrated law books:
- Quadruvium ecclesie (Paris, 1509) by Johann Hugonis de Sletstat (a.k.a. Johann Hug), considered the first text on German constitutional law; only one other copy in the U.S. (Robbins Collection). See the image at right.
- The first edition in German of Damhoudere’s Praxis rerum criminalium (Frankfurt, 1565), a standard work on the criminal law of northern Europe with woodcuts illustrating crimes and criminal procedure; the only U.S. copy.
- Juristische Ergötzlichkeiten vom Jungfrauen-Rechte (Frankfurt & Leipzig, 1715) bound with Juristische Ergötzlichkeiten vom Jung-Gesellen Rechte (Frankfurt & Leipzig, 1723), a pair of little books on law for young women and young men, respectively, with charming frontispieces; the only U.S. copies.
- Two standard works, Justinian’s Institutes (1516) and the Liber Sextus (1514) in lovely editions published by the Giunta family in Venice, with dozens of woodcut illustrations. They join an illustrated Giunta edition of the Decretals (1514) we acquired 60 years ago.
- Esdaile’s Temple Church Monuments (London, 1933) showing the tombs of Edmund Plowden and John Selden.
- Jesse Turner’s A Page from the English State Trials (1907?) extra-illustrated with 55 plates.
- Several 19th-century trials adorned with portraits of the accused and/or their victims.
- Fire on the Nunnery Grounds (2000), a graphic novel based on the the arson attack on the Ursuline Convent in Boston. We also obtained The Charlestown Convent: Its Destruction by a Mob, on the Night of August 11, 1834 (Boston, 1870), an account of the attack and the trials that followed.
We have acquired several law-related children’s books to join the Juvenile Jurisprudence Collection donated by Professor Morris L. Cohen, including:
- Jehoshaphat Aspin, The Constitution of England, or, Magna-Charta, Bill of Rights, Habeas Corpus, and All the Other Laws of England: Familiarly Explained for the Instruction of Youth; Illustrated with an Analytical Chart of the Government of Great Britain, Elegantly Coloured (London, 1810).
- Cruel Jim: and Other Stories (Philadelphia, 1869), a cautionary tale of how cruel children grow into career criminals.
- The Tragi-comic History of the Burial of Cock Robin: with The Lamentation of Jenny Wren; The Sparrow's Apprehension; and The Cuckoo's Punishment (Philadelphia, 1811); printed by John Bouvier, author of the first American law dictionary.
The American Trials Collection grew by 28 titles, including:
- Several trials featuring female victims: The Authentic Life of Mrs. Mary Ann Bickford (Boston, 1846); Lizzie Nutt's Sad Experience (Philadelphia, 1886), Myron Buel, the Murderer of Catharine Mary Richards (Binghamton, NY, 1879), Poor Mary Pomeroy! (Philadelphia, 1874), Trial for Libel: Susanna Torrey, Plaintiff (Fayetteville, VT, 1835), Confession of John Joyce: Who Was Executed on Monday, the 14th of March 1808, for the Murder of Mrs. Sarah Cross, with an Address to the Public and People of Colour (Philadelphia, 1808).
- A Report of the Trial, of James Sylvanus M'Clean (Philadelphia, 1812), an early use of the insanity plea, involving an extortion attempt against Stephen Girard, the wealthiest American of his time.
- More murder trials: Cluverius: My Life, Trial and Conviction (Richmond, 1887); Report of the Trial of Dominic Daley and James Halligan for the Murder of Marcus Lyon (Northampton, MA, 1806); Confession of Jesse Strang (Albany, 1827); Report of the Trials of the Murderers of Richard Jennings (Newburgh, NY, 1819); Trial of John Schild (1813).
- And... a small collection of manuscript court documents and transcripts relating to the trial of William Fitzgerald, accused of murdering a Shawnee Indian in Indiana Territory in 1802.
Additions to our William Blackstone Collection included:
And a few odds & ends:
MIKE WIDENER
Rare Book Librarian
"A library alone isn't enough..."
A recent addition to our collection of illustrated law books is Johann Werle's Album Juridicum (Augsburg, 1733), a collection of legal maxims arranged by topic. The frontispiece depicts the author seated in his library as a latter-day St. Jerome. He points to a diagram outlining the book's contents.
At the top of the diagram is the Latin maxim, "Bibliotheca sola non sufficit; unde disce piger", which, roughly translated, means "A library alone is not enough; learn, you lazy man!" Words to live by.
MIKE WIDENER
Rare Book Librarian

Finished! The ABCNY Roman-Canon Law Collection is completely cataloged.
The Yale Law Library has finished cataloging the Roman-Canon Law Collection of the Association of the Bar of the City of New York (ABCNY). This means that all of this rich and valuable collection is accessible to researchers via the Law Library's online catalog, MORRIS.
A round of applause is due to Susan Karpuk and the
two catalogers who worked under her direction on this project, Ruth
Alcabes and Maureen Hayes. Susan described this cataloging project in a
recent article, "Processing a Large Acquisition of 16th-19th Century
Roman-Canon Law Books at the Yale Law Library," LH&RB 14:1 (Winter
2008), which is available online at <http://www.aallnet.org/sis/lhrb/>.
The Law Library is grateful for the generous support from the Oscar M. Ruebhausen Fund,
Yale Law School, for funding the acquisition and cataloging. Thanks
also to Richard Tuske, Director of Library Operations at the ABCNY, and to the ABCNY's Board of Directors, for making this acquisition possible.
The ABCNY's Roman-Canon Law Collection contains 1197 titles in 1754 physical volumes, and arrived in August 2006 on permanent loan. Its acquisition represents a
quantum leap in our already strong holdings in Roman and canon law,
making the Yale Law Library's Rare Book Collection one of the premier
libraries for research in European legal history.
The work pictured at right, Martin Sánchez' Arbor dividui et individui
(1538) is one of several that are the only copies in U.S. libraries
according to WorldCat. The oldest imprint is a 1501 compilation of the regulations for the Papal Chancery. The collection also includes one manuscript volume, an 18th-century digest of Roman-Dutch law.
There are 80 volumes of the decisions of the Rota Romana, the Vatican's highest court and for centuries one of Europe's most important courts. There are 16 collections of consilia, the legal opinions given out (for a fee) by leading jurists at the request of institutions, rulers and others.
The collection is valuable not only for legal history but for the history of the book. Many of the early volumes retain their original bindings. Six of the volumes were once academic prizes, presented to outstanding students in the 17th-18th centuries in elegant bindings. The bindings and ownership marks suggest that most of the books were
originally in German or Austrian collections. The ABCNY acquired many of
the volumes in 1904 from the library of Konrad von Maurer (1823-1902),
professor at the University of Munich and an influential historian of
Scandinavian law.
I could go on and on about the treasures and curiosities in the ABCNY's Roman-Canon Law Collection. I've highlighted some of the individual volumes in recent posts and there is more to come. For now, you can browse the entire collection via a collection-level record in our online catalog, MORRIS. Feel free to contact me with questions or comments.
MIKE WIDENER
Rare Book Librarian
Rare books in the classroom
I presented examples from our canon and Roman law collections to the 40 students in Professor James Whitman's "Western Legal Tradition" class on March 31, 2008. The books represented many of the major genres of European legal literature from the medieval and early modern periods. They included a medieval canon law manuscript (the Clementines, 14th century); an early incunable of Justinian's Institutes (Institutiones Justiniani, Basel 1476, with an early reader's tree diagram of Roman law concepts), an early German translation of the Institutes (Frankfurt 1536, the only U.S. copy in WorldCat), Azo's famous commentary on the Code (Lectura Azonis, Paris 1581), Bartolus' Consilia, or legal opinions (Venice 1590), an early guide to court procedure (Ordo iudiciarius, Paris 1515), a potpourri of legal texts for students and practitioners (Modus legendi abbreviaturas : Tractatus iudiciorum Bartholi : tractatus renuntiationm beneficiorum in publicis instrumentis : processus Sathane : ars notariatus, Cologne 1505), and finally, a charming little study guide for law students (Repertorium Aureum, Cologne 1495), which contains a mnemonic poem to help students memorize canon law texts.
Thanks to Professor Whitman for the invitation, and to the students for their questions and interest. I had a great time, and I learned a lot as well. Highly recommended: Whitman's article, "A Note Note on the Medieval Division of the Digest,"
59 Tijdschrift voor Rechtsgeschiedenis 269 (1991).
MIKE WIDENER
Rare Book Librarian

Professor James Whitman and two students from his "Western
Legal Traditions" class examine the Lectura Azonis (1581).