Difference between revisions of "Doctor and Student"

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===by Christopher Saint German===
 
===by Christopher Saint German===
 
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[[File:SaintGermainDoctorAndStudent1761TitlePage.jpg|right|thumb|200px|Title Page from [https://catalog.swem.wm.edu/law/Record/3143350 ''Doctor and Student''], George Wythe Collection, Wolf Law Library, College of William & Mary]]
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<blockquote> St German's first published work was the treatise commonly known as Doctor and Student, surely the most remarkable book relating to English law published in the Tudor period, and quite unlike any book to have come from the pen of an English lawyer before. Although it is stated in many works of reference that the first edition appeared in 1523, this is an error. The first known version appeared in 1528 under the imprint of John Rastell. The whole text was in Latin, with the title Dialogus de fundamentis legum Anglie et de conscientia. The title corresponds with the avowed object stated in the prologue (omitted from later editions), which was to explore the relationship between the principles of English law and conscience. There are twenty-four chapters, cast in the form of a dialogue between a doctor of divinity and a ‘student’ of the laws of England (that is, a barrister), and at the end a promise to pursue the discussion further. The promise was fulfilled in 1530 with the appearance of The Second Dialogue. <ref> J. H. Baker, [http://www.oxforddnb.com/view/article/24493 ‘St German, Christopher (c.1460–1540/41)’], Oxford Dictionary of National Biography, Oxford University Press, 2004; online edn, Jan 2008, accessed 7 June 2013] </ref> </blockquote>
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[http://en.wikipedia.org/wiki/Christopher_St._Germain Christopher Saint German] (c. 1460-1540/41) was a member of the Middle Temple in the late fifteenth and early sixteenth centuries.<ref>J. H. Baker, [http://www.oxforddnb.com/view/article/24493 “St German, Christopher (c.1460–1540/41)”] in ''Oxford Dictionary of National Biography'' (Oxford University Press, 2004- ), accessed Oct. 9, 2013.</ref> Born in 1460, Saint German was known for his scholarship and piety.<ref>R. H. Helmholz, "Christopher St. German and the Law of Custom," ''The University of Chicago Law Review'' 70, no.1 (Winter 2003), 130.</ref> As an author, he is best known for his work ''Doctor and Student'', chiefly released in 1528.<ref>Ibid, 129.</ref> Initially, the piece was completely in Latin, however the language changed in later versions.<ref>Baker, ‘St German, Christopher." </ref><br />
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''Doctor and Student'' proposed to “explore the relationship between the principles of English law and conscience.”<ref>Helmholz, “Christopher St. German and the Law of Custom,” 130.</ref> The format was a dialogue between a “Student of the English common law” and a “Doctor of Theology,” in which they discussed the common law.  The objectives of this work have been described as providing a description of the substantive law, discussing the tension between the common law and that of the church, and to delve into “the role of conscience and equity in law, both in the court of Chancery and the common law itself.<ref>Ibid.</ref>  
  
 
==Bibliographic Information==
 
==Bibliographic Information==
'''Author:''' Christopher Saint German, (c. 1460-1540/41)
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'''Author:''' Christopher Saint German.
  
'''Title:''' Doctor And Student, Or, Dialogues Between A Doctor Of Divinity And A Student In The Laws Of England: Containing The Grounds Of Those Laws, Together With Questions And Cases Concerning The Equity And Conscience Thereof: Also Comparing The Civil, Canon, Common And Statute Laws, And Shewing Wherein They Vary From One Another
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'''Title:''' ''Doctor and Student, or, Dialogues Between a Doctor of Divinity and a Student in the Laws of England: Containing the Grounds of Those Laws, Together with Questions and Cases Concerning the Equity and Conscience Thereof: also Comparing the Civil, Canon, Common and Statute Laws, and Shewing Wherein They Vary from One Another''.
  
 
'''Published:''' London: Printed by S. Richardson and C. Lintot, 1761.  
 
'''Published:''' London: Printed by S. Richardson and C. Lintot, 1761.  
  
'''Edition:'''
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'''Edition:''' Sixteenth edition; 344, [39] pages.
  
 
==Evidence for Inclusion in Wythe's Library==
 
==Evidence for Inclusion in Wythe's Library==
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Both Dean's Memo<ref>Memorandum from Barbara C. Dean, Colonial Williamsburg Found., to Mrs. Stiverson, Colonial Williamsburg Found. (June 16, 1975), 13 (on file at Wolf Law Library, College of William & Mary).</ref> and the [https://digitalarchive.wm.edu/handle/10288/13433 Brown Bibliography]<ref> Bennie Brown, "The Library of George Wythe of Williamsburg and Richmond," (unpublished manuscript, May, 2012) Microsoft Word file. Earlier edition available at: https://digitalarchive.wm.edu/handle/10288/13433</ref> suggest Wythe owned this edition of this title based on notes in John Marshall's commonplace book.<ref>''The Papers of John Marshall,'' eds. Herbert A. Johnson, Charles T. Cullen, and Nancy G. Harris (Chapel Hill: The University of North Carolina Press, in association with the Institute of Early American History and Culture, 1974), 1:47.</ref>
  
 
==Description of the Wolf Law Library's copy==
 
==Description of the Wolf Law Library's copy==

Revision as of 12:15, 10 October 2013

by Christopher Saint German

Title page from Doctor and Student, George Wythe Collection, Wolf Law Library, College of William & Mary.


Christopher Saint German (c. 1460-1540/41) was a member of the Middle Temple in the late fifteenth and early sixteenth centuries.[1] Born in 1460, Saint German was known for his scholarship and piety.[2] As an author, he is best known for his work Doctor and Student, chiefly released in 1528.[3] Initially, the piece was completely in Latin, however the language changed in later versions.[4]

Doctor and Student proposed to “explore the relationship between the principles of English law and conscience.”[5] The format was a dialogue between a “Student of the English common law” and a “Doctor of Theology,” in which they discussed the common law. The objectives of this work have been described as providing a description of the substantive law, discussing the tension between the common law and that of the church, and to delve into “the role of conscience and equity in law, both in the court of Chancery and the common law itself.”[6]

Bibliographic Information

Author: Christopher Saint German.

Title: Doctor and Student, or, Dialogues Between a Doctor of Divinity and a Student in the Laws of England: Containing the Grounds of Those Laws, Together with Questions and Cases Concerning the Equity and Conscience Thereof: also Comparing the Civil, Canon, Common and Statute Laws, and Shewing Wherein They Vary from One Another.

Published: London: Printed by S. Richardson and C. Lintot, 1761.

Edition: Sixteenth edition; 344, [39] pages.

Evidence for Inclusion in Wythe's Library

Both Dean's Memo[7] and the Brown Bibliography[8] suggest Wythe owned this edition of this title based on notes in John Marshall's commonplace book.[9]

Description of the Wolf Law Library's copy

Bound in recent period-style quarter calf over marbled boards with raised bands and lettering piece to the spine and endpapers renewed. Contains early owner signatures to the head of the title page and Table of Contents. Purchased from the Lawbook Exchange, Ltd.

View this book in William & Mary's online catalog.

External Links

Google Books

References

  1. J. H. Baker, “St German, Christopher (c.1460–1540/41)” in Oxford Dictionary of National Biography (Oxford University Press, 2004- ), accessed Oct. 9, 2013.
  2. R. H. Helmholz, "Christopher St. German and the Law of Custom," The University of Chicago Law Review 70, no.1 (Winter 2003), 130.
  3. Ibid, 129.
  4. Baker, ‘St German, Christopher."
  5. Helmholz, “Christopher St. German and the Law of Custom,” 130.
  6. Ibid.
  7. Memorandum from Barbara C. Dean, Colonial Williamsburg Found., to Mrs. Stiverson, Colonial Williamsburg Found. (June 16, 1975), 13 (on file at Wolf Law Library, College of William & Mary).
  8. Bennie Brown, "The Library of George Wythe of Williamsburg and Richmond," (unpublished manuscript, May, 2012) Microsoft Word file. Earlier edition available at: https://digitalarchive.wm.edu/handle/10288/13433
  9. The Papers of John Marshall, eds. Herbert A. Johnson, Charles T. Cullen, and Nancy G. Harris (Chapel Hill: The University of North Carolina Press, in association with the Institute of Early American History and Culture, 1974), 1:47.