One focus of my collecting efforts is law books with illustrations. These illustrations are often portraits of the authors or allegorical images, but I am especially interested in illustrations used to describe legal concepts.

Tree diagrams have been used since the Middle Ages, particularly in legal texts from the European continent on Roman, canon, or feudal law. They were most commonly used to diagram family relationships: trees of consanguinity dealt with relationships by blood, while trees of affinity described relationships by marriage.

In 16th-century law books, trees were often used to describe other legal concepts and relationships. The "arbor dividui et individui" at right is one example. It comes from Arbor dividui et individui by Martin Sanchez (1538), bound at the end of Luca da Penne's commentary on the Code of Justinian. The "arbor dividui et individui" diagrams different types of legal actions regarding stipulations and contracts having to do with divisible and indivisible things (thanks to my colleague Jennifer Nelson, reference librarian at the Robbins Collection, UC-Berkeley, for deciphering the meaning).

See my gallery of legal "trees" on Flickr for other examples.

The Arbor dividui et individui by Martin Sanchez is quite rare. The first edition (Toulouse, 1519) is held by the Robbins Collection, the Bavarian State Library, and France's Bibliotheque Nationale. The only other copy of our 1538 edition is at the Baden-Württemberg State Library. Our copy is part of the Roman-Canon Law Collection of the Association of the Bar of the City of New York.

MIKE WIDENER
Rare Book Librarian

This rubbing is from the front cover of one of the volumes from the Roman-Canon Law Collection of the Association of the Bar of the City of New York. I would be grateful if someone could help me identify this portrait and/or the coat of arms on the back cover (see below), to learn who was the book's original owner.

The text below the portrait reads: "VIRTVTES * ANIMI * MAIESTAS / EXPLICATORIS * AVGVSTI * VVLTVS / INSPICE * NVMEN * HABENT".

The book itself is Practica eximia atque omnium aliarum praestantissima by Giovanni Pietro Ferrari (Frankfurt: Sigmund Feyerabend, 1581). The book is bound in stamped pigskin over pasteboard, and appears to be a German binding. Additional images of the covers are in my Flickr gallery in the "Provenance" set.

Although the online resources available at the Provenance Information page provided by the Consortium of European Research Libraries didn't answer my question, I highly recommend them for others with questions like mine.

 Thanks to Brian Mendez for the rubbings and Joanne Kittredge for the scans.

MIKE WIDENER
Rare Book Librarian
Lillian Goldman Law Library

 

 

 

 

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).