Difference between revisions of "Lex Testamentaria"

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{{DISPLAYTITLE:''Lex Testamentaria''}}
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{{DISPLAYTITLE:''Lex Testamentaria: or, A Compendious System of All the Laws of England, as Well Before the Statute of Henry VIII. as Since, Concerning Last Wills and Testaments''}}
 
===by William Nelson===
 
===by William Nelson===
 
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In addition to treatises on evidence, game law and a notable JP manual, Nelson produced editions of Dalton's ''Countrey Justice,'' Blount's ''Nomo Lexicon'' and Manwood's ''Laws of the Forest.'' OCLC locates 6 copies of this imprint, 4 in North American law libraries. <ref> Sweet & Maxwell, ''A Legal Bibliography of the British Commonwealth'' 1:493(26). </ref>
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{{BookPageInfoBox
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|imagename=NelsonLexTestamentaria1728.jpg
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|link=https://wm.primo.exlibrisgroup.com/permalink/01COWM_INST/g9pr7p/alma991000727699703196
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|shorttitle=Lex Testamentaria
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|author=[[:Category:William Nelson|William Nelson]]
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|publoc=[[:Category:London|London, In the Savoy]]
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|publisher=Printed  by E. and R. Gosling for Joell Stephens
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|year=1728
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|edition=Second, with many corrections and additions
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|lang=[[:Category:English|English]]
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|pages=[12], 578, [12]
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|desc=[[:Category:Octavos|8vo]] (20 cm.)
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|shelf=G-1
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}}William Nelson (b. 1652-3) was admitted to the [http://en.wikipedia.org/wiki/Middle_Temple Middle Temple] in 1673 and called to the bar in 1684. Nelson became a successful practtioner in the Chancery Court and a prolific legal writer, known more for his "considerable legal learning" than his accuracy.<ref> N. G. Jones, [http://www.oxforddnb.com/view/article/19887 "Nelson, William (b. 1652/3)"] ''Oxford Dictionary of National Biography'' (Oxford University Press, 2004- ), accessed November 11, 2013.</ref> His numerous works include ''Office and Authority of a Justice of the Peace'' (1704), ''Rights of the Clergy of Great Britain'' (1709), ''Lex Testamentaria'' (1714), ''Law of Evidence'' and ''Reports of Special Cases in the Court of Chancery'' (1717), and a three-volume ''Abridgment of the Common Law'' (1725-26).
  
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<blockquote> A successful practitioner in the court of chancery, Nelson's numerous literary works displayed considerable legal learning, but despite his low opinion of the writings of others, Nelson's own works were not invariably accurate or useful. In 1704 he published Office and Authority of a Justice of the Peace, a successful work including information on the duties of many other local government officials, which reached a twelfth edition in 1745 and no doubt drew upon Nelson's experience as chairman of the Sussex sessions. This was followed in 1709 by Rights of the Clergy of Great Britain, abridging the relevant law under alphabetical heads but seldom making clear statements of principle. In 1714 came the Lex testamentaria on the laws concerning last wills, which was followed in 1717 by the anonymous Law of Evidence and the Reports of Special Cases in the Court of Chancery. The former, one of the first works to be published on the English law of evidence, digested the cases without attempting to extract underlying principles. The latter claimed to be largely transcribed from the manuscript of a late attorney-general, and to contain reports most of which had never previously been printed or of points which had not previously been noticed, though several of the reports had already appeared in print elsewhere. <ref> N. G. Jones, ‘Nelson, William (b. 1652/3)’, Oxford Dictionary of National Biography, Oxford University Press, 2004 [http://www.oxforddnb.com/view/article/19887, accessed 11 June 2013] </ref> </blockquote>
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''Lex Testamentaria: or, A Compendious System of All the Laws of England'' was among the first texts on English laws of evidence pertaining to probate. Unfortunately, it "digested the cases without attempting to extract underlying principles."<ref>Ibid.</ref> Nevertheless, it was republished twice, in 1724 and 1728, both "second" editions.<ref>Leslie F. Maxwell, ''A Bibliography of English Law from 1651 to 1800'' (''Sweet & Maxwell's Complete Law Book Catalogue'', v.2) (London: Sweet & Maxwell, Limited, 1931), 159.</ref>
  
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==Bibliographic Information==
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==Evidence for Inclusion in Wythe's Library==
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'''Author:''' William Nelson
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Listed in the [[Jefferson Inventory]] of [[Wythe's Library]] as "Nelson's letters testamentary. 8vo." This was one of the titles kept by [[Thomas Jefferson]]. Jefferson may have sold it the Library of Congress in 1815. Both [http://www.librarything.com/profile/GeorgeWythe George Wythe's Library]<ref>''LibraryThing'', s. v. [http://www.librarything.com/profile/GeorgeWythe "Member: George Wythe"], accessed on November 19, 2013.</ref> on LibraryThing 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> list the 1728 edition published in London based on the Jefferson copy at the Library of Congress.<ref>E. Millicent Sowerby, ''Catalogue of the Library of Thomas Jefferson'', (Washington, D.C.: The Library of Congress, 1952-1959), 2:382 [[http://babel.hathitrust.org/cgi/pt?id=mdp.39015033648109;view=1up;seq=400 no.2152]].</ref> While the copy still exists, it includes no definitive ties to Wythe. It does include the signature "Tho. Juckes" on the title page. The Wolf Law Library followed the suggestions of Brown and LibraryThing and purchased a copy of the 1728 edition.
  
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'''Title:''' Lex Testamentaria: Or, A Compendious System Of All The Laws Of England, As Well Before The Statute Of Henry VIII. As Since, Concerning Last Wills And Testaments : In Which Are Collected, All The Judgments And Resolutions Dispers'd In The Year-Books, And All Other Reports Both In Law And Equity, What Estates In Fee, In Tail, For Life Or Years, Have Been Created By Wills Either Expressly Or By Implication. Treating Also Of All Cases Concerning Executory Devices And Legacies. And Of All Actions, Pleas, And Judgments, By, For, Or Against Executors, Administrators, And Guardians : Very Necessary For All Who Are, Or May Be, Entitled To Any Estates By Virtue Of Any Will Or Administration, Or As Guardians To Infants : Collected In A More Plain, Easy, And Methodical Manner Than Hither To Hath Been Done In Any Treatise Of This Nature
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==Description of the Wolf Law Library's copy==
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Bound in contemporary calf with blind frames to boards, rebacked retaining spines with raised bands and lettering pieces. Title page signed "Geo: Hayward, Bo<sup>t</sup>. of W<sup>m</sup>. Goldsborough 1763," "W<sup>m</sup>. Goldsborough 1734" and "<illegible> 1704." Purchased from The Lawbook Exchange, Ltd.
  
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'''Published:''' London, In the Savoy: Printed by E. and R. Gosling for Joell Stephens, 1728.  
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Images of the library's copy of this book are [https://www.flickr.com/photos/wolflawlibrary/sets/72157637448772223 available on Flickr.] View the record for this book in [https://wm.primo.exlibrisgroup.com/permalink/01COWM_INST/g9pr7p/alma991000727699703196 William & Mary's online catalog.]
  
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'''Edition:'''
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===Full text===
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*[http://lawlibrary.wm.edu/wythepedia/library/NelsonLexTestamentaria1728.pdf ''Lex Testamentaria''] (25MB PDF)
  
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==Evidence for Inclusion in Wythe's Library==
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==See also==
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*[[George Wythe Room]]
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*[[Jefferson Inventory]]
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*''[[Reports of Special Cases Argued and Decreed in the Court of Chancery]]''
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*[[Wythe's Library]]
  
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==Description of the Wolf Law Library's copy==
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==References==
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Bound in contemporary calf with blind frames to boards, rebacked retaining spines with raised binds and lettering pieces and mended hinges. Contains signatures of early owner to the head of the title page. Purchased from The Lawbook Exchange, Ltd.
 
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===References===
 
 
<references/>
 
<references/>
  
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[[Category:Books]]
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[[Category:George Wythe Collection at William & Mary's Wolf Law Library]]
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[[Category:Jefferson's Books]]
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[[Category:Possible Surviving Wythe Volumes]]
 
[[Category:Titles in Wythe's Library]]
 
[[Category:Titles in Wythe's Library]]
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[[Category:William Nelson]]
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[[Category:Wills]]
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[[Category:English]]
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[[Category:London]]
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[[Category:Octavos]]

Latest revision as of 09:42, 23 May 2024

by William Nelson

Lex Testamentaria
NelsonLexTestamentaria1728.jpg

Title page from Lex Testamentaria, George Wythe Collection, Wolf Law Library, College of William & Mary.

Author William Nelson
Editor {{{editor}}}
Translator {{{trans}}}
Published London, In the Savoy: Printed by E. and R. Gosling for Joell Stephens
Date 1728
Edition Second, with many corrections and additions
Language English
Volumes {{{set}}} volume set
Pages [12], 578, [12]
Desc. 8vo (20 cm.)
Location Shelf G-1
  [[Shelf {{{shelf2}}}]]

William Nelson (b. 1652-3) was admitted to the Middle Temple in 1673 and called to the bar in 1684. Nelson became a successful practtioner in the Chancery Court and a prolific legal writer, known more for his "considerable legal learning" than his accuracy.[1] His numerous works include Office and Authority of a Justice of the Peace (1704), Rights of the Clergy of Great Britain (1709), Lex Testamentaria (1714), Law of Evidence and Reports of Special Cases in the Court of Chancery (1717), and a three-volume Abridgment of the Common Law (1725-26).

Lex Testamentaria: or, A Compendious System of All the Laws of England was among the first texts on English laws of evidence pertaining to probate. Unfortunately, it "digested the cases without attempting to extract underlying principles."[2] Nevertheless, it was republished twice, in 1724 and 1728, both "second" editions.[3]

Evidence for Inclusion in Wythe's Library

Listed in the Jefferson Inventory of Wythe's Library as "Nelson's letters testamentary. 8vo." This was one of the titles kept by Thomas Jefferson. Jefferson may have sold it the Library of Congress in 1815. Both George Wythe's Library[4] on LibraryThing and the Brown Bibliography[5] list the 1728 edition published in London based on the Jefferson copy at the Library of Congress.[6] While the copy still exists, it includes no definitive ties to Wythe. It does include the signature "Tho. Juckes" on the title page. The Wolf Law Library followed the suggestions of Brown and LibraryThing and purchased a copy of the 1728 edition.

Description of the Wolf Law Library's copy

Bound in contemporary calf with blind frames to boards, rebacked retaining spines with raised bands and lettering pieces. Title page signed "Geo: Hayward, Bot. of Wm. Goldsborough 1763," "Wm. Goldsborough 1734" and "<illegible> 1704." Purchased from The Lawbook Exchange, Ltd.

Images of the library's copy of this book are available on Flickr. View the record for this book in William & Mary's online catalog.

Full text

See also

References

  1. ↑ N. G. Jones, "Nelson, William (b. 1652/3)" Oxford Dictionary of National Biography (Oxford University Press, 2004- ), accessed November 11, 2013.
  2. ↑ Ibid.
  3. ↑ Leslie F. Maxwell, A Bibliography of English Law from 1651 to 1800 (Sweet & Maxwell's Complete Law Book Catalogue, v.2) (London: Sweet & Maxwell, Limited, 1931), 159.
  4. ↑ LibraryThing, s. v. "Member: George Wythe", accessed on November 19, 2013.
  5. ↑ 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
  6. ↑ E. Millicent Sowerby, Catalogue of the Library of Thomas Jefferson, (Washington, D.C.: The Library of Congress, 1952-1959), 2:382 [no.2152].
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