An Exact Abridgment in English, Of the Eleven Books of Reports (1650)
Sir Edward Coke (1552–1634) published the first eleven books of his reports between 1600 and
1615. They were unlike any reports before or since. Organized by subject instead of
more linearly by case, they represent essays on legal principles and may have been
intended as much for the student as the practitioner. They enjoyed such an esteemed
reputation that they were frequently cited merely as "The Reports." In his abridgment
which first appeared in 1650, Ireland attempts to winnow Coke's commentary and
present only the "very pith and substance" of the cases reported. This copy is marked
by the signatures of prior owners on the title page and the armorial bookplate of
Noble Wallwyn Pytts on the front pastedown. Manuscript notes on the blank pages at
the end of the book may be in the hand of Pytts.
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Coke, Sir Edward. An Exact Abridgment in English, Of the Eleven Books of Reports of
the Learned Sir Edward Coke, Knight, Late Lord Chiefe Justice of England, and of the
Councel of Estate to His Majestie, King James. Edited by Sir Thomas Ireland. 1st ed.
London: Printed by M. Simmons, For Matthew Walbancke, 1650.
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The Interpreter (1658)
In The Interpreter, his most famous and controversial work, John Cowell (1554–1611)
provided a much-needed compilation of common law terms and their definitions.
To these he added similar civil law terms. Unfortunately, a few key definitions
included the author's views on absolute monarchy and the power of Parliament. After
numerous attacks from common lawyers such as Sir Edward Coke (1552–1634), the
book was suppressed by James I. Nevertheless, it remained the "standard dictionary of
English law" well into the eighteenth century. The title page of this copy is signed by
a former owner, "J. Barry."
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Cowell, John. The Interpreter: or Book Containing the Signification of Words. 3rd ed.
London: Printed by F. Leach, 1658.
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The Countrey Justice (1635)
The Countrey Justice may have been the first work of its kind to adopt an alphabetical
arrangement of topics. First appearing in 1618, Michael Dalton (1564–1644) created the
manual to aid justices with their duties out of sessions. For each subject, he provides
a plain description of the law followed by advice on how to handle issues likely
to come before the justices. Its utilitarian value contributed to its popularity and
wide usage both in England and the colonies well into the middle of the eighteenth
century. In a 1666 act requiring courts to purchase copies of law books, the General
Assembly specifically named The Countrey Justice.
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Dalton, Michael. The Countrey Justice, Containing the Practice of the Justices of the Peace
Out of their Sessions: Gathered for the Better Helpe of Such Justices of Peace as Have
Not Been Much Conversant in the Studie of the Lawes of This Realm. 6th ed. London:
Printed for the Company of Stationers, 1635.
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The Office and Authoritie of Sherifes (1628)
Michael Dalton (1564–1644) produced Officium Vicecomitum: The Office and Authoritie of
Sherifes in 1623. This abridged version followed five years later. Despite a growing
number of competitors, Dalton's work remained a standard into the eighteenth
century. In recognition of its importance, the General Assembly specifically named
The Office and Authoritie of Sherifes in a 1666 act requiring courts to purchase copies
of law books. This copy is signed by a former owner on both the title page and
dedication.
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Dalton, Michael. The Office and Authoritie of Sherifes. 1st ed. London: Printed for the
Company of Stationers, 1628.
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Eirenarcha (1581)
The publication of Eirenarcha satisfied a long-standing need for a comprehensive
manual on the various duties and powers of the justice of the peace. With his in-depth
treatment, William Lambarde (1536–1601) provides an invaluable description of late sixteenth
century local government as administered by the justices. Unlike the alphabetical
arrangement of later manuals, Eirenarcha is divided into two books: an overview, and
chapters based on cases in and out of sessions. It proved to be both useful and extremely
popular, and remained the standard work in its subject for some time. This copy features
seventeenth century notes and annotations to the front and rear endpapers.
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Lambarde, William. Eirenarcha: Or of the Office of the Justices of Peace, in two Bookes.
1st ed. London: Imprinted by Ra. Newberry and H. Bynneman, 1581.
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Magna Carta (1556) and Magna Charta (1608)
First printed around 1508 by Richard Pynson, multiple editions of the Magna Carta
appeared in the sixteenth and seventeenth centuries. Antiquarians revived interest in
the "Great Charter" during the sixteenth century, but it was during the seventeenth
century that its political importance grew as writers used it against the Stuart
monarchy. Following this intellectual thread, American colonists viewed Magna Carta
as a document guaranteeing their liberties.
The 1556 edition is revised from the version printed by Thomas Berthelet in 1531
and includes other ancient statutes. This copy features a few scattered notes from a
previous owner. The 1608 edition includes both ancient and contemporary statutes.
The copy here also features notes from a previous owner as well as a signature on the
rear free endpaper.
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Magna Carta et cetera Antiqua Statuta Nunc Nouiter per Diuersa Exemplaria Examinata
et Summa Diligentia Castigata et Correcta Cui Adiecta est Noua Tabula Valde Necessaria.
London: In Aedibus Thomas Marshe, 1556.
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Magna Charta, Cum Statutis, Tum Antiquis, Tum Recentibus, Maximopere Animo
Tenendis. London: Imprinted for the Companie of Stationers, 1608.
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Officina Brevium (1679)
Officina Brevium is a book of forms for moving litigation in the Court of Common
Pleas. Councillor Benjamin Harrison (1645–1712) purchased a copy in 1699 for use
by the redactors of the 1705 revisal of the Virginia statutes in force.
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Officina Brevium: Select and Approved Forms of Judicial Writs, and Other Process: With Their
Retorns and Entries in the Court of Common Pleas at Westminster, As also Special
Pleadings to Writs of Scire Facias. London: Printed by George Sawbridge, William
Rawlins, and Samuel Roycroft, Assigns of Richard and Edward Atkins, 1679.
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A View of the Civile and Ecclesiasticall Law (1634)
One of the earliest books on the subject, Sir Thomas Ridley (b. before 1548–1629) composed his View as a response to the increasing restrictions common law placed upon civil and ecclesiastical law. He begins with a discussion of the components of civil and canon law and follows with the wide array of subjects within their jurisdiction. In discussing topics such as Admiralty, foreign treaties, and defamation, the work expresses the expertise of the author in a concise, readable manner.
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Ridley, Sir Thomas. A View of the Civile and Ecclesiasticall Law: And Wherein the Practice of Them is Streitned, and May be Releeved Within This Land. 2nd ed. Oxford: Printed by William Turner, 1634.
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The Historie of Tithes (1618)
The Historie of Tithes, perhaps the most influential and controversial work by John Selden (1584–1654), addresses the issue of the divine right to impose tithes and the role of lay patronage in the church. Based on extensive research of original sources, Selden's tract denies the sovereignty of canon law (except in spiritual matters), arguing instead that common law directed and defined the limits of canon law. This argument was the first to expose the widening gulf between seventeenth century reason and faith.
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Selden, John. The Historie of Tithes, That is, the Practice of Payment of Them, the Positive Laws Made for Them, the Opinions Touching the Right of Them, a Review of It is Also Annext, Which Both Confirmes it and Directs in the Use of It. 1st ed., variant A. London: [S.n.], 1618.
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Cases and Questions Resolved in the Civil-Law (1652)
One of the founders of modern international law, Richard Zouch (1590–1661) designed his casebook for the civil law student. The fact situations derive from the text of Justinian's Digest. Zouch specifically chose to have it printed in English, rather than the Latin more typical of his works, in the hope the language would render the book more useful to readers with a common law background. This was the only edition published.
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Zouch, Richard. Cases and Questions Resolved in the Civil-Law. Oxford: Printed by Leon. Lichfield for Tho. Robinson, 1652.
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Notes in Richard Zouch's Cases and Questions Resolved in the Civil-Law, 1652.
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Notes in Richard Zouch's Cases and Questions Resolved in the Civil-Law, 1652.
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Arbitrium Redivivum (1694)
This title, the first book on the English law of arbitration and awards, anticipated the statute of 1697–1698 that encouraged merchants to submit to arbitration rather than the courts. Precedents form nearly a third of the slim volume in the only edition published. Arbitrium Redivivum was surpassed in the eighteenth century by the works of Mathew Bacon and Stewart Kyd. This copy features ink notes written by a former owner on the front free endpaper and verso.
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Arbitrium Redivivum: Or the Law of Arbitration, Collected from the Law–Books Both Ancient and Modern, and Deduced to These Times: Wherein the Whole Learning of Awards or Arbitrements is Methodically Treated. London: Printed by the Assigns of Rich. and Edw. Atkins for Isaac Cleeve, 1694.
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Front free endpaper, Arbitrium Redivivum, 1694.
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Verso, front free endpaper, Arbitrium Redivivum, 1694.
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Consuetudo, vel, Lex Mercatoria (1622)
Gerard Malynes (1585–1641) first published his popular book on commercial law and commerce in 1622. He divides his work into three parts: commodities, money, and bills of exchange. An eminently useful book, Consuetudo captures the developing practices of mercantile law in the seventeenth century. In doing so, it relies heavily on civil law and the practical experience of the author. A total of four editions were published, the last in 1686.
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Malynes, Gerard. Consuetudo, vel, Lex Mercatoria: or, the Ancient Law-Merchant. Divided into Three Parts, According to the Essential Parts of Traffick Necessary for All Statesmen, Judges, Magistrates, Temporal and Civil Lawyers, Mint–Men, Merchants, Mariners, and all Others Negotiating in All Places of the World. [Bound incorrectly with a title page from a 1685 edition]. London: Printed by Adam Islip, 1622 or 1628.
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Dedication, Gerard Malynes, Consuetudo, vel, Lex Mercatoria, 1622.
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The Mirrour of Justices (1646)
Most likely originally composed in the thirteenth century, this work attributed to Andrew Horn (c.1275–1328), enjoyed a revival of interest in the sixteenth century. Sir Edward Coke (1552–1634) read the book as a trusted authority on English law and included its precepts in his Institutes. Other authors, trusting Coke, perpetuated a lofty reputation. Later scholarship has revealed the dubious nature of that description and recognizes the work as farce. The first edition in law French appeared in 1642, the first English edition arrived in 1646.
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Horne, Andrew. The Book Called, the Mirrour of Justices: Made by Andrew Horne with the Book, called, the Diversity of Courts and Their Jurisdictions. Translated by William Hughes. 1st English ed. London: Imprinted for Matthew Walbancke, 1646.
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Signature of Jacob Bremridge, in Andrew Horne's Mirrour of Justices, 1646.
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The Attornies Almanacke (1627)
Thomas Powell (d. c.1635) composed this slim, practical work to provide "the manner of direction of any wryt, for remouving of any body or cause or certifying of any record, etc. to any [of] the greater courts at Westminster from other inferiour courts." Only one edition was published, but the tract was often presented with Powell's longer work, The Attourney's Academy (1623). This copy is signed by an early twentieth century owner.
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Powell, Thomas. The Attornies Almanacke, Provided & Desired for the Generall Ease of Daily Use of All Such as Shall Have Occasion to Remove any Person, Cause or Record, From an Inferiour Court to Any the Higher Courts at Westminster. London: Printed by B.A. and T.F. for Ben Fisher, 1627.
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Brief Animadversions (1669)
William Prynne (1600–1669) wrote this commentary on Sir Edward Coke's (1552–1634) Fourth Institute prompted by political considerations and a desire to highlight the questionable reliability of Coke's work on the jurisdiction of the courts. Through his efforts as keeper of records under Charles II, Prynne rescued a wealth of decaying documents and identified multiple records which contradicted the theories of previous writers. It was Coke's blind trust of earlier commentators without reference to primary sources that led to Prynne's criticism.
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Prynne, William. Brief Animadversions on, Amendments of & Additional Explanatory Records to the Fourth Part of the Institutes of the Lawes of England, Concerning the Jurisdiction of Courts. London: Printed by Thomas Ratcliffe, and Thomas Daniel for A. Crooke, W. Leake, etc., 1669.
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The Reading of M. Robert Brook (1641)
Following a long–standing tradition of delivering lectures on statutes, "reading," at the Inns of Court, Robert Brooke (d. 1558) presented this reading on Chapter 17 of the Magna Carta in 1551 (the title page erroneously lists Chap. 16). He broadly discussed criminal law, but the printed version provides little of the analysis or historical background one might expect from a chief justice of the Court of Common Pleas. The lack of depth in Brooke's discussion may stem from the 80 year gap between lecture and publication.
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Brooke, Robert. The Reading of M. Robert Brook, Serjeant of the Law, and Recorder of London, Upon the Stat. of Magna Charta, Chap. 16. London: Printed by M. Flesher and R. Young, 1641.
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The Third Part of the Institutes of the Laws of England (1648)
Having treated with "common pleas" in the first two parts of his Institutes, Sir Edward Coke (1552–1634) turned to criminal law in the third. His background as attorney-general and judge provided ample insight into contemporary developments in the areas of treason, penal statutes, monopolies and bankruptcies. In the Third Institute, Coke focuses more of his attention on high crimes such as treason and heresy and provides less commentary on the crimes of murder, rape, theft, etc. This copy is bound with Coke's Fourth Institute in which he describes the jurisdiction of the courts.
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Coke, Sir Edward. The Third Part of the Institutes of the Laws of England: Concerning High Treason, and other Pleas of the Crown, and Criminall Causes. [bound with] The Fourth Part of the Institutes of the Laws of England: Concerning the Jurisdiction of the Courts. 2nd ed. London: Printed by M. Flesher, for W. Lee, and D. Pakeman, 1648.
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Frontispiece, Sir Edward Coke, The Third Part of the Institutes of the Laws of England, 1648.
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First page of Sir Edweard Coke's The Third Part of the Institutes of the Laws of England, 1648.
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The Lay-mans Lawyer (1656)
Originally published in 1654, this revised and expanded version appeared two years later. Thomas Forster presents a basic overview of criminal law beginning with "forms of process, indictments and proceedings to judgment." The latter part of the book discusses pardons and "remissions of punishments" as well as the roles of the various officers of the law. This copy is marked with notes and signatures particularly on the front end leaves.
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Forster, Thomas. The Lay-mans Lawyer, Reviewed & Enlarged, being a Second Part of the Practice of the Law, Relating to the Punishment of Offences Committed Against the Publique Peace. London: Printed for H. Twyford and J. Price, 1656.
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Recto, first front free endpaper, Thomas Forster, The Lay-mans Lawyer, 1656.
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Recto, second front free endpaper, Thomas Forster, The Lay-mans Lawyer, 1656.
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The Security of English-men's Lives (1681)
Written early in the career of John Somers (1651–1716), this small treatise defends the use of grand juries as fundamental to the rights of Englishmen. In doing so, it stresses the preeminence of the common law over the authority of the crown. Somers, later Lord Chancellor under William and Mary and Anne, would be instrumental in creating the English Bill of Rights (1689).
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Somers, John. The Security of English-men's Lives, or the Trust, Power, and Duty of the Grand Jurys of England Explained According to the Fundamentals of the English Government, and the declarations of the Same Made in Parliament by Many Statutes. 1st ed. London: Printed by T. Mitchel, 1681.
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Les Plees del Coron (1583)
Les Plees del Coron, a treatise based largely on Bracton and the Year Books, presents the first cohesive overview of English criminal law. While lacking somewhat in clarity and style, it enjoyed an impressive reputation. William Staunford (1509–1558) included appropriate legal authority for each premise, a first in a textbook, and profoundly shaped subsequent works. This copy is bound with An Exposition of the King's Prerogative, in which Staunford systematically examines and explains the Statute de Prerogativa.
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Staunford, William. Les Plees del Coron, Divisees in Plusors Titles and Common Lieux [bound with] An Exposition of the Kings Prerogative Collected out of the Great Abridgement of Iustice Fitzherbert, and Other Old Writers of the Lawes of England. London: In AEdibus Richardi Totteli, 1583.
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Bookplate of G.C.L. Ross, in William Staunford's Les Plees del Coron, 1583.
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Page one of William Staunford's Les Plees del Coron, 1583.
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Nomo-Lexicon (1670)
First published in 1670, Nomolexicon proved to be Thomas Blount's (1618–1679) most important work. He based it largely upon The Interpreter by John Cowell (1554–1611), but went beyond merely updating the terminology by including word usage, etymologies and sources. A scholarly book, it also proved to be very popular, encouraging pirated competitors. It remained the standard law dictionary until the publication of Giles Jacob's New Law-Dictionary in 1729.
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Blount, Thomas. Nomo-Lexicon: A Law–Dictionary Interpreting Such Difficult and Obscure Words and Terms as are found in Either in Our Common or Statute, Ancient or Modern Lawes with References to the Several Statutes, Records, Registers, Law–Books, Charters, Ancient Deeds, and Manuscripts, Wherein the Words are Used: And Etymologies, where They Properly Occur. 1st ed. London: Printed by Tho. Newcomb for John Martin and Henry Herringman, 1670.
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"Malefesence" to "Manumission," Thomas Blount, Nomo-Lexicon, 1670.
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A Philologicall Commentary (1658)
First published in 1652, Edward Leigh (1603–1671) designed his dictionary for the use of students and compiled it from a variety of sources such as Sir Thomas Littleton (c.1407–1481), Sir Edward Coke (1552–1634), Anthony Fitzherbert (1470–1538) and John Cowell (1554–1611). Considered a minor work lacking in originality and comprehensiveness, this second edition was the last produced.
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Leigh, Edward. A Philologicall Commentary: or, An Illustration of the Most Obvious and Useful Words in the Law, With Their Distinctions and Divers Acceptations, As They Are Found as well in Reports Antient and Modern, as in Records and Memorials never Printed: Usefull for All Young Students of the Law. 2nd ed. rev. and enl. London: A.M. for Charles Adams 1658.
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Les Termes de la Ley (1671)
Originally published in 1527 under the title Exposiciones Terminorum Legum Anglorum, John Rastell's (1508–1565) book was translated and published in English as Les Termes de la Ley by his son, William, beginning in 1647. A popular work, multiple versions of the English edition followed. Ultimately, the book was superseded by larger and more elaborate dictionaries such as John Cowell's (1554–1611) Interpreter. This copy includes multiple markings by prior owners.
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Rastell, John. Les Termes de la Ley, Or, Certain Difficult and Obscure Words and Terms of the Common Laws and Statutes of this Realm Now in Use Expounded and Explained. London: Printed by John Streater, James Flesher, and Henry Twyford, Assigns of Richard Atkins and Edward Atkins, 1671.
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Inscription on the front pastedown of John Rastell's Les Termes de la Ley, 1671: "Richard Chamberlin His book 1708. If my pen had benn but bettur, I wold amend Every lettur."
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A Christian Directory (1673)
This large folio, by the English Puritan and Nonconformist leader, presents a practical exposition of the author's religious views. Richard Baxter divided the book into four sections: "Christian Ethicks," "Christian Oeconomicks," "Christian Ecclesiasticks," and "Christian Politicks," and related these sections to the duty of the individual to self, family, church and others. In doing so, he captured the spirit of Puritan thought and belief in the mid-seventeenth-century.
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Baxter, Richard. A Christian Directory: or a Summ of Practical Theologie, and Cases of Conscience: Directing Christians, How to Use their Knowledge and Faith; How to Improve all Helps and Means, and to Perform all Duties; How to Overcome Temptations, and to Escape or Mortifie Every Sin. London: Printed by Robert White for Nevill Simmons, 1673.
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Frontispiece, Richard Baxter, A Christian Directory, 1673.
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Half-title page, Richard Baxter, A Christian Directory, 1673.
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Table of contents, Richard Baxter, A Christian Directory, 1673.
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The Elements of the Common Lawes of England (1630)
The first part of this combined work presents Sir Francis Bacon's (1561–1626) distillation of various maxims of common law into principles highlighted by cases and statutes. Originally conceived as a much larger work, this fragment proved highly influential on writers such as Sir John Doddridge (1555–1628), William Noy (1577–1634) and Sir Henry Finch (1558?–1625). The second part, most likely from a different author's hand, describes the purpose of law and its various officers.
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Bacon, Sir Francis. The Elements of the Common Lawes of England, Branched into a Double Tract: The One Contayning a Collection of Some Principall Rules and Maximes of the Common Law, With Their Latitude and Extent. Explicated for the More Facile Introduction of Such as are Studiously Addicted to that Noble Profession. The Other the Use of the Common Law, For Preservation of Our Persons, Goods, and Good Names. According to the Lawes and Customes of this Land. 1st ed. London: Printed by the Assignes of I. More Esq., 1630.
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Speculum Juris Anglicani (1673)
This concisely written work represents one of a growing number of titles created to aid students as the educational system of the Inns of Court declined in the seventeenth century. Using statutes, unwritten law and customs as his headings, John Brydall (1635–1705?) provides a brief overview of the principal characteristics of English law. A useful student manual, two imprints of this edition were the only ones ever published.
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Brydall, John. Speculum Juris Anglicani, or, A View of the Laws of England, as They are Divided into Statutes, Common-Law and Customs. London: Printed by John Streater, Elizabeth Flesher and H. Twyford, Assigns of Rich. and Edward Atkins for Thomas Dring, 1673.
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The English Lawyer (1631)
Considered a distinguished work in its genre, The English Lawyer provides valuable advice to the student of the law. Sir John Doddridge (1555–1628) delineates the areas of legal study and how to approach them, while also emphasizing the importance of related subjects such as logic and etymology. Published posthumously, the 1631 edition was the only one published.
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Doddridge, Sir John. The English Lawyer: Describing a Method for the Managing of the Lawes of this Land. London: Printed by the Assigns of I. More, 1631.
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An Experimental Essay Touching the Reformation of the Lawes of England (1648)
In only six printed pages, this essay from the second part of the English Civil War proposes substantial reforms to the common law of the seventeenth century. The author argues for a survey of the laws of other nations in order to identify the best laws and the strongest foundation for a legal system. Once compared, English common law "might easily be mended" and "[t]he maine of these things may be settled in quarter of a yeare, without any great trouble to any Body."
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An Experimental Essay Touching the Reformation of the Lawes of England. London: Printed by Matthew Simmons, 1648.
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De Laudibus Legum Angliae (1616) and A Learned Commendation of the Politique Lawes of England (1567)
Sir John Fortescue (c.1397–1479) composed this treatise around 1471 to instruct the Prince of Wales in the nature of common law vs. civil law from a decidedly pro-English point of view. He also touched upon the advantages of a constitutional monarchy over an absolute monarchy. De Laudibus Legum Angliae was written in the form of a dialogue between the author and the prince. As a work composed to instruct the layman, it contains a view of the law not seen in other treatises. While avoiding technical details, it provides the earliest commentary on the Inns of Court, the different elements of the legal profession and the nature of legal education at the time. The 1616 edition was the first edited by John Selden (1584–1654). The 1567 edition was the first English translation.
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Fortescue, Sir John. De Laudibus Legum Angliae. London: For the Companie of Stationers, 1616.
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Fortescue, Sir John. A Learned Commendation of the Politique Lawes of England. 1st English ed. Translated by Robert Mulcaster. London: Rychard Tottill, 1567.
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Verso, first free endpaper and title page of Sir John Fortesque's A Learned Commendation of the Politique Lawes of England, 1567. With bookplate of Smith Child, and contemporary manuscript notes.
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Tracts (1683)
Published posthumously, this collection of tracts includes three previously unpublished essays and the first English translation of "Jani Facies Altera." The latter, as well as "England's Epinomis," pertains to early British, Saxon and Norse influences on the common law and the English constitution. The other two tracts discuss the origins of the law on probate and intestate succession. John Selden (1584–1654), a prolific writer and "champion of political freedom," ranks among the most distinguished English legal historians.
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Selden, John. Tracts. 1st ed. London: Printed for Thomas Bassett and Richard Chiswell, 1683.
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Frontispiece and title page, John Selden, Tracts, 1683.
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Frontispiece, John Selden, Tracts, 1683.
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The Faithful Councellor (1651)
The author's first attempt at a legal encyclopedia, The Faithful Councellor divides the law into fifty-eight chapters which describe legal concepts in clear, concise English, illustrated by appropriate cases. In addition to typical common law themes, William Sheppard (bap. 1595, d.1674) made the innovative decision to include a chapter on the chancery court. While suffering from poor organization, The Faithful Councellor signaled a new genre of legal publication and became the basis for several subsequent, more fully–developed works.
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Sheppard, William. The Faithful Councellor: or the Marrow of the Law in English. 1st ed. London: Printed by R.W. for E. Dod, N. Ekins, T. Brewster, and G. Moule, 1651.
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Magna Charta (1680)
Little is known about the author other than his efforts as a writer to support the Whig movement to exclude James, Duke of York from the English throne. He produced this version of the Magna Carta with that movement in mind, using reference's to Sir Edward Coke's (1552–1634) Second Institute to interpret the law.
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Cooke, Edward. Magna Charta, made in the Ninth Year of King Henry the Third and Confirmed by K. Edward the First ... with Some Short, but Necessary Observations from the L. Chief Just. Coke's Comments upon it. London: Printed by the Assignees of Richard and Edward Atkins for Thomas Simmons, 1680.
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The Institutes of the Laws of England (1651)
Composed to prepare for the union of the English and Scottish legal systems, John Cowell (1554–1611) crafted his work along the lines of Justinian's Institutes. He highlighted the similarities between common law and civil law and provided a general overview of the distinguishing features of each. While its combination of subjects foreshadowed what would become accepted practice for English legal education, the work suffered from its attempt to force English law into the model of the Institutes and it never enjoyed commercial success.
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Cowell, John. The Institutes of the Laws of England, Digested into the Method of the Civill or Imperiall Institutions, Useful for all Gentlemen who are Studious and Desire to Understand the Customes of this Nation. Translated by W. G. 1st English ed. London: Printed by Tho. Roycrofth for Jo. Ridley, 1651.
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The Several Opinions of Sundry Learned Antiquaries (1658)
In The Several Opinions, Sir John Doddridge (1555–1628) briefly reviews the history of Parliament, its jurisdiction, and the pivotal role it plays as part of the English government. Published thirty years after the author's death, the small volume includes many sentiments that would later be expressed by English Whigs and their colonial cousins. This copy features two signatures of prior owners on the title page.
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Doddridge, Sir John. The Several Opinions of Sundry Learned Antiquaries ... Touching the Antiquity, Power, Order, State, Manner, Persons and Proceedings of the High-Court of Parliament in England. London: Printed for William Leake, 1658.
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The Ancient and Present Manner (1663) and The Ancient Method and Manner (1660)
In this work, Henry Elsynge (bap. 1577–1635), a parliamentary official, created an authoritative and concise description of contemporary parliamentary procedure. In doing so, he played an essential role in the preservation of parliamentary history and records. Multiple editions followed the first which was published in 1660.
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Elsynge, Henry. The Ancient and Present Manner of Holding Parliaments in England with Their Priviledges. London: Printed for Samuel Speed, 1663.
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Elsynge, Henry. The Ancient Method and Manner of Holding of Parliaments in England. 1st ed. London: Printed by S.G. for Daniel Pakeman, 1660.
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Ephemeris Parliamentaria (1654)
A clergyman and historian, Thomas Fuller (1607/08–1661) compiled Ephemeris Parliamentaria as a record of recent events. In gathering the speeches of both Royalists and Roundheads, he hoped to establish the antecedents of the English Civil War. A seminal work in Parliamentary history, it represents the first printed collection of Parliamentary addresses. This copy includes the armorial bookplate of Sir Frederick Evelyn on the front pastedown.
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Fuller, Thomas. Ephemeris Parliamentaria; or a Faithfull Register of the Transactions in Parliament, in the Third and Fourth Years of the Reign of Our Late Sovereign Lord King Charles. London: Printed for John Williams and Francis Eglesfield, 1654.
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Bookplate of Sir Frederick Evelyn, 3rd Baronet, in Thomas Fuller's Ephemeris Parliamentaria, 1654.
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Utopia (1663)
Sir Thomas More (1478–1535) first published his socio-political satire in 1516. In the form of a dialogue, More identifies problems with the current state of law and society and introduces the fictional, perfected location, Utopia, where these problems do not exist. Claimed by both Catholics and Communists as a statement of seminal value, Utopia has enjoyed popularity since its original publication. Nevertheless, scholars continue to disagree about More's message and his reasons for writing the book.
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More, Sir Thomas. Thomae Mori Utopia, a Mendis Vindicata. Oxonii: Typis W. Hall, Impensis Fran. Oxlad., 1663.
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Of the Antient Lawes of Great Britaine (1605)
George Saltern created this book in support of James I and VI's desire for a union of England and Scotland and their respective legal systems. Saltern addresses fears that the addition of one set of laws to the other would damage the rights and liberties of both. In doing so, he stands apart from other Unionist authors by invoking the idea of an existing common legal heritage.
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Saltern, George. Of the Antient Lawes of Great Britaine. 1st ed. London: Printed for John Jaggard, 1605.
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Mare Clausum (1663)
A decidedly partisan view of maritime dominion, Mare Clausum was originally composed in 1618, but the monarchy delayed its publication until 1635. By that time, John Selden (1584–1654) had incorporated a response to the 1625 publication of De Jure Belli ac Pacis by Hugo Grotius (1582–1645). Expressing the prevailing English claim to dominion over an extensive portion of the sea, the work displays Selden's voluminous knowledge and his skill in international law. His ability to fortify his arguments with substantial documentation from primary sources belies his roots as a common lawyer.
This copy, the second English edition, includes extensive notes by Thomas Freke (c.1638–1701), a Dorset politician who voted for the Exclusion Bill to remove James, Duke of York from the line of succession.
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Selden, John. Mare Clausum; The Right and Dominion of the Sea in Two Books. London: Printed for Andrew Kembe and Edward Thomas, 1663.
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Bookplate of Colonel Barrington Price (1758–1839), front pastedown of John Selden's Mare Clausum, 1663.
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Bookplate of Robert J. Hayhurst, first front free endpaper of John Selden's Mare Clausum, 1663.
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Frontispiece, John Selden, Mare Clausum, 1663.
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Verso of title page, John Selden, Mare Clausum, 1663.
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Map of Anglia, page 366, John Selden, Mare Clausum, 1663.
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A Complete Guide for Justices of the Peace (1685)
John Bond compiled his guide to address the defects and errors which he felt marked other publications on the subject. Working after the Civil War and Commonwealth period, Bond followed the form of Michael Dalton's (1564–1644) Countrey Justice while adding new laws and removing obsolete ones. The second part of the work consists of "authentic useful precedents in all cases" related to the justice of the peace. Four editions of the work were published between 1685 and 1707.
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Bond, John. A Complete Guide for Justices of the Peace According to the Best Approved Authors in Two Parts. 1st ed. London: Printed by T. B. for Hannah Sawbridge, 1685.
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Second title page, John Bond's A Complete Guide for Justices of the Peace, 1685.
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The Attourney of the Court of Common Pleas (1642)
This little manual provides guidance for working before the Court of Common Pleas and contains practical advice for accomplishing the various steps involved in bringing suits. Published at the beginning of the English Civil War in 1642, a second edition followed in 1648. This copy, bound in contemporary calf, features markings from previous owners on the front and rear endleaves.
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G. T. The Attourney of the Court of Common Pleas or His Directions and Instructions Concerning the Course of Practice Therein, With Sundry Observations Thereupon, etc. 1st ed. London: Printed by Thomas Badger for Matthew Walbanck and Henry Twyford, 1642.
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Contemporary notes, front pastedown, The Attourney of the Court of Common Pleas, 1642.
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Notes, rear pastedown, The Attourney of the Court of Common Pleas, 1642.
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Fragmenta Antiquitatis (1679)
The last work published by the author, Fragmenta Antiquitatis, includes "various curious tenures and customs of manors" which he discovered in compiling Nomo–Lexicon. In preserving the memory of many of these customs, Thomas Blount (1618–1679) manages to produce a book which is both humorous and enlightening.
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Blount, Thomas. Fragmenta Antiquitatis. Antient Tenures of Land and Jocular Customs of Some Mannors: Made Publick for the Diversion of Some, and Instruction of Others. 1st ed. London: Printed by the Assigns of Richard and Edward Atkins, for Abel Roper and Christopher Wilkinson, 1679.
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The First Part of the Institutes of the Lawes of England (1628)
Perhaps the most influential legal treatise of the seventeenth century, Sir Edward Coke's First Institute, or Coke on Littleton, became the de facto textbook for aspiring lawyers in both England and the colonies. Written with the intent to explain and embellish Sir Thomas Littleton's (c.1407–1481) Tenures, Coke's masterwork moved beyond Littleton's topic of property law, managing to touch upon issues such as mercantile law, negligence, pleading, and felonies. Through this work and others, Coke (1552–1634) made a profound impact on developing colonial sensibilities regarding liberty and the inherent rights of the people.
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Coke, Sir Edward. The First Part of the Institutes of the Lawes of England, Or, a Commentarie upon Littleton. 1st ed. London: Printed for the Societie of Stationers, 1628.
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Proemium, Sir Edward Coke, The First Part of the Institutes of the Lawes of England, 1628.
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Insititutions (1601)
Written for the beginning student and focusing mainly on issues of property, Institutions was first published in 1538. A popular work even amongst practitioners, it was repeatedly republished with as many as twenty editions appearing into the seventeenth century. This copy includes the bookplate of William Harrison of Salmesbury Hall, Preston, Lancashire on the front pastedown and earlier owners' signatures to the front endleaf and title page.
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Institutions or Principall Grounds of the Lawes and Statutes of England. London: Printed by Thomas Wight, 1601.
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Front pastedown, with the bookplate of William Harrison, F.S.A. (Fellow of the Society of Antiquaries of London), in Institutions or Principall Grounds of the Lawes and Statutes of England, 1601.
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Inscriptions, first front free endpaper, in Institutions or Principall Grounds of the Lawes and Statutes of England, 1601.
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Littleton's Tenures (1541?, 1556, and 1671)
The first law book printed in England, Littleton's Tenures has been published in over ninety editions. The first edition, in law French, appeared in 1481 or 1482, shortly after Sir Thomas Littleton's death. Designed for his son as an introduction to the law, the book quickly became the standard textbook for legal students. Littleton (c.1407–1481) summarizes decisions from the Year Books and explains the reasoning and arguments behind them in clear and direct language. He focuses primarily on land law, the most important aspect of common law in his day. These three copies represent English translations printed after the first English edition in 1531. The 1671 edition was the first with parallel texts in English and French.
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Littleton, Sir Thomas. Lyttleton Tenures in Englysshe. London: Thomas Petyt, 1541?
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Littleton, Sir Thomas. Lyttilton Tenures Truelye Translated into Englishe. London: Thomas Marshe 1556.
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Littleton, Thomas. Littleton's Tenures, in French and English, with an Alphabetical Table of the Principal Matters Therein Contained. London: Printed by John Streater, James Flesher, and Henry Twyford, assigns of Richard Atkins, and Edward Atkins, 1671.
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The Touch-Stone of Common Assurances (1651)
When originally published in 1648, The Touchstone was the first treatise to focus on the theory of conveyancing. Based on twenty years of legal practice, William Sheppard (bap. 1595, d.1674) divides his subject into twenty-three sections, each featuring a meticulous discussion of a single conveyance augmented by citation to authorities, variants and exceptions. While some question Sheppard's authorship, The Touchstone itself enjoyed an unparalleled reputation for more than two centuries and became an unquestioned classic of Anglo-American law.
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Sheppard, William. The Touch-Stone of Common Assurances, Or, A Plain and Familiar Treatise, Opening the Learning of the Common Assurances or Conveyances of the Kingdom. 2nd ed. London: Printed for W. Lee, D. Pakeman, and Gabriel Bedell, 1651.
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Page seven of William Sheppard's The Touch-Stone of Common Assurances, 1651, with previous owner's marginalia.
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Cary's Reports (1650)
In this compilation Master-in-Chancery George Carew (c.1556–1612) reports case
decisions from 1537 to 1604 "out of the labours" of fellow master William Lambert.
Many of the entries contain little to no description beyond that recorded in the
registrar's books. The reports are known as Cary's Reports due to the misspelling of
the author's name on the title page.
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Carew, George. Reports or Causes in Chancery. 1st ed. London: Printed by E.G. for W.
Lee, D. Pakeman, and G. Bedell, 1650.
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First page of George Carew's Reports or Causes in Chancery, 1650.
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Page 115 of George Carew's Reports or Causes in Chancery, 1650.
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Plowden's Reports (1650)
When Edmond Plowden (c.1518–1585) first published his reports in 1571, they represented
a departure from the method of case reporting seen in the Year Books. Considered
among the best reports from any time period, Plowden's collection initiated the
practice of including commentary and analysis. Their usefulness and singular
reputation led to abridgment, first in French in 1597, then in English in 1650.
This copy includes the armorial bookplate of the Earls of Macclesfield on the front
pastedown.
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Plowden, Edmond. An Exact Abridgment in English of the Commentaries or Reports of the
Learned and Famous Lawyer Edmond Plowden, An Apprentice of the Common Law.
Translated and edited by Fabian Hicks. 1st ed. London: Printed by R. White, and T.
Roycroft, for Henry Twyford, 1650.
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Front pastedown and free front endpaper, Edmond Plowden, An Exact Abridgment in English of the Commentaries or Reports, 1650.
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Bookplate, front pastedown, Edmond Plowden, An Exact Abridgment in English of the Commentaries or Report, 1650.
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A Kalendar (1608)
Although Fardinando Pulton (1536–1618) was a staunch Roman Catholic, his steadfast loyalty to Elizabeth I and James I and support from prominent royal officials enabled him to become an important legal author and compiler of statutes for publication. The Kalender is one of his five major works. It is a compilation of all the statutes that were in print as of 1608.
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Pulton, Fardinando. A Kalender, or Table, Comprehending the Effect of all the Statutes that have Beene Made and Put into Print, Beginning with Magna Charta... London: Printed for the Company of Stationers, 1608.
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Recto, free front endpaper, Fardinando Pulton, A Kalender, 1608, with signatures of previous owners.
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The Entring Clerk's Vade Mecum (1678)
William Brown (fl. 1671–1705), a clerk of the Court of Common Pleas, wrote numerous functional manuals for clerks and public officials. In The Entring Clerk's Vade Mecum, Brown presents a collection of precedents, "disposing them by way of reference to, and dependence upon one another." In the author's view, few contemporary manuals could match the "choice and variety" of this work. A second edition was published in 1695. This copy features the signatures of several previous owners on the endleaves and title page.
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Brown, William. The Entring Clerk's Vade Mecum: Being an Exact Collection of Precedents. 1st ed. London: Printed by G. Sawbridge; W. Rawlins, and S. Roycroft, Assigns of Richard and Edward Atkins, for W. Jacobs, 1678.
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"Sir Baptist Hicks v. Thomas Gotts Esq." Marginalia, page 130 of William Brown, The Entring Clerk's Vade Mecum, 1678.
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A Perfect Guide for a Studious Young Lawyer (1658)
Originally published in 1654, this little manual compiles precedents from several previous authors including Sir Edward Coke (1552–1634) and Sir Francis Bacon (1561–1626). Little is known of the author other than what he indicates on the title page: he claims membership in Furnival's Inn, one of the Inns of Chancery, and had worked on his manuscript for thirty years. Only two editions of The Perfect Guide were published.
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Fidell, Thomas. A Perfect Guide for a Studious Young Lawyer, Being Presidents for Conveyances, and other Business of the like Kind. 2nd ed. London: Printed by Tho. Roycroft, for John Place, 1658.
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The New Natura Brevium (1652)
Sir Anthony Fitzherbert (1470–1538) published his treatise on writs, La Novel Natura Brevium, in law French in 1534. The first English version, translated by William Hughes, followed nearly 20 years later. Of a practical nature, and indebted to the Old Natura Brevium, Fitzherbert's work provides basic statements regarding the rules and structure of the law, but little insight into the reasoning behind them. Nevertheless, luminaries such as Sir Edward Coke (1552–1634) and Sir Matthew Hale (1609–1676) regarded the book highly and at least eighteen editions were published between 1534 and 1794.
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Fitzherbert, Sir Anthony. The New Natura Brevium of the Most Reverend Judge Mr. Anthony Fitz-Herbert. 1st English ed. London: Printed for W. Lee, M. Walbank; D. Pakeman, G. Bedell, 1652.
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Choice Presidents upon all Acts of Parliament (1685)
In this manual, compiled from his legal notes after his death, Richard Kilburne (1605–1678) presents the practical knowledge gained from his service as a justice of the peace and chancery court solicitor. Although a great admirer of William Lambarde (1536–1601) and the Eireanarcha, Kilburne's Choice Presidents follows the alphabetical arrangement of topics developed by authors such as Michael Dalton (1564–1644). Despite the number of justice of the peace manuals available in the late seventeenth century, Kilburne's work proved popular enough to warrant eight editions between 1680 and 1715.
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Kilburne, Richard. Choice Presidents upon all Acts of Parliament, Relating to the Office and Duty of a Justice of Peace with Necessary Notes and Instructions Thereupon taken out of the Said Acts of Parliament, and other Particular Cases in Law Adjudg'd Therin. 3rd ed. London: Printed by the Assigns of Rich. and Edw. Atkins 1685.
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A Collection of Entries (1670)
William Rastell (1508–1565) originally published his Collection of Entries in 1564 and it immediately superseded previously published works of this type. Not only did he include a greater number of precedents and forms from a variety of excellent sources, he also arranged them alphabetically under headings for ease of use. These innovations influenced multiple books on precedents that followed in the seventeenth century.
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Rastell, William. A Collection of Entries of Declarations, Barres, Replications, Rejoynders, Issues, Verdicts, Judgements, Executions, Proces, Continuances, Essoynes, and Divers Other Matters. 4th ed. London: Printed by John Streater, James Flesher, Henry Twyford, Assigns of Richard Atkins, and Edward Atkins, 1670.
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