Difference between revisions of "Treatise of Testaments and Last Wills"

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{{DISPLAYTITLE:''Treatise of Testaments and Last Wills ''}}
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{{DISPLAYTITLE:''A Treatise of Testaments and Last Wills: Compiled out of the Laws Ecclesiastical, Civil, and Canon, as also out of the Common Law, Customs and Statutes of This Realm''}}
 
===by Henry Swinburne===
 
===by Henry Swinburne===
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__NOTOC__
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{{BookPageInfoBox
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<blockquote> Swinburne's lasting claim to fame is as the author of two books on ecclesiastical law. The first of these, A Briefe Treatise of Testaments and Last Wills, was the first work of canon law to be published in English, rather than in Latin. It appeared in 1591 (date of colophon) and became a standard work. The second edition was published, under Swinburne's own supervision, in 1611, and the last of seven further editions was issued in 1803. His other published work, A Treatise of Spousals, or Matrimonial Contracts, appeared posthumously in 1686, with a further edition in 1711. This work on the law of matrimonial contracts was the first part of an uncompleted four-part work that was intended to include further sections on marriage, divorce, and bastardy. The two opening chapters of the section on marriage exist in a manuscript, believed to be in Swinburne's own hand (Durham University). <ref> Sheila Doyle, ‘Swinburne, Henry (c.1551–1624)’, Oxford Dictionary of National Biography, Oxford University Press, 2004 [http://www.oxforddnb.com/view/article/26836, accessed 11 June 2013] </ref> </blockquote>
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|imagename=SwinburneTreatiseOfTestamentsAndLastWills1743TitlePage.jpg
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|link=https://wm.primo.exlibrisgroup.com/permalink/01COWM_INST/g9pr7p/alma991003399189703196
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|shorttitle=A Treatise of Testaments and Last Wills
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|author=[[:Category:Henry Swinburne|Henry Swinburne]]
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|publoc=[[:Category:London|London]]
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|publisher=In the Savoy: Printed by Henry Lintot (assignee of Edw. Sayer, esq.) and sold by S. Birt
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|year=1743
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|edition=Sixth, corrected and very much enlarged
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|lang=[[:Category:English|English]]
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|pages=[16], 567, [12]
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|desc=[[:Category:Folios|Folio]] (34 cm.)
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|shelf=L-5
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}}[[wikipedia:Henry Swinburne (lawyer)|Henry Swinburne]] (1521 &ndash; 1624) was an ecclesiastical lawyer in England, known for his two great publications, ''A Briefe Treatise of Testaments and Last Wills'' and ''A Treatise of Spousals, or Matrimonial Contracts''. Hoping to reach a broader audience, he was the first ecclesiastical lawyer to write his works in English.<ref>Sheila Doyle, [http://www.oxforddnb.com/view/article/26836 "Swinburne, Henry (c.1551–1624)"] in ''Oxford Dictionary of National Biography'' (Oxford University Press, 2004- ), accessed October 13, 2013.</ref> ''A Treatise of Testaments and Last Wills'' was used as the standard text on family law for 200 years.<ref>Ibid.</ref> Swinburne believed that there were too many disjointed books on the subject, making it very difficult to study. With his volume he hoped to replace hundreds of titles and allow for more clarity and deeper study.<ref>J. H. Baker, "Famous English Canon Lawyers: V," ''Ecclesiastical Law Journal'' 3, no. 12 (1993): 5-9.</ref>
  
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==Bibliographic Information==
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[[File:SwinburneTreatiseOfTestamentsAndLastWills1743Chart.jpg|left|thumb|250px|<center>Chart "Shewing by what Means Testaments and Last Wills Become Void."</center>]]
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'''Author:''' Henry Swinburne, (c.1551-1624)
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==Evidence for Inclusion in Wythe's Library==
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Listed in the [[Jefferson Inventory]] of [[Wythe's Library]] as ''Swinburne on wills. fol.'' and given by [[Thomas Jefferson]] to [[Dabney Carr]]. The precise edition owned by Wythe is unknown. Folio editions were published in 1728 and 1743.<ref>''English Short Title Catalog'', http://estc.bl.uk, search of "Swinburne" and "Wills" reveals only two folio editions.</ref> [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 April 21, 2013.</ref> on LibraryThing indicates as much without choosing an edition. 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> lists the 1728 edition in part based on the existence of that edition in Jefferson's library.<ref>E. Millicent Sowerby, ''Catalogue of the Library of Thomas Jefferson'', (Washington, D.C.: The Library of Congress, 1952-1959), 2:381 [[http://babel.hathitrust.org/cgi/pt?id=mdp.39015033648109;view=1up;seq=399 no.2148]].</ref> The Wolf Law Library moved a copy of the 1743 edition from the general rare books collection to the [[George Wythe Collection]].
  
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'''Title:''' A Treatise Of Testaments And Last Wills: Compiled Out Of The Laws Ecclesiastical, Civil, And Canon, As Also Out Of The Common Law, Customs And Statutes Of This Realm
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==Description of the Wolf Law Library's copy==
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Rebound in period style full red calf with black spine label and marbled endpapers. Title page signed by former owners "C.P. Sherman 1881", "J. R. Tyson" and "Greaves."
  
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'''Published:''' London, In the Savoy: Printed by Henry Lintot (assignee of Edw. Sayer, esq.) and sold by S. Birt, 1743.  
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Images of the library's copy of this book are [https://www.flickr.com/photos/wolflawlibrary/sets/72157660422102602 available on Flickr.] View the record for this book in [https://wm.primo.exlibrisgroup.com/permalink/01COWM_INST/g9pr7p/alma991003399189703196 William & Mary's online catalog.]
  
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'''Edition:'''
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===Full text===
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<div style="overflow: hidden;">
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*[http://lawlibrary.wm.edu/wythepedia/library/SwinburneTreatiseOfTestamentsAndLastWills1743.pdf ''A Treatise of Testaments and Last Wills''] (45MB PDF)
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</div>
  
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==Evidence for Inclusion in Wythe's Library==
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==See also==
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<div style="overflow: hidden;">
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*[[George Wythe Room]]
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*[[Jefferson Inventory]]
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*[[Wythe's Library]]
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</div>
  
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==Description of the Wolf Law Library's copy==
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==References==
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Recently rebound in red buckram; autographs: C.P. Sherman 1881; [J.R.] Tyson; [Greaves].
 
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===References===
 
 
<references/>
 
<references/>
  
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[[Category:Books]]
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__NOTOC__
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[[Category:Dabney Carr's Books]]
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[[Category:George Wythe Collection at William & Mary's Wolf Law Library]]
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[[Category:Henry Swinburne]]
 
[[Category:Titles in Wythe's Library]]
 
[[Category:Titles in Wythe's Library]]
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[[Category:Wills]]
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[[Category:English]]
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[[Category:Folios]]
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[[Category:London]]

Latest revision as of 09:27, 28 October 2021

by Henry Swinburne

A Treatise of Testaments and Last Wills
SwinburneTreatiseOfTestamentsAndLastWills1743TitlePage.jpg

Title page from A Treatise of Testaments and Last Wills, George Wythe Collection, Wolf Law Library, College of William & Mary.

Author Henry Swinburne
Editor {{{editor}}}
Translator {{{trans}}}
Published London: In the Savoy: Printed by Henry Lintot (assignee of Edw. Sayer, esq.) and sold by S. Birt
Date 1743
Edition Sixth, corrected and very much enlarged
Language English
Volumes {{{set}}} volume set
Pages [16], 567, [12]
Desc. Folio (34 cm.)
Location Shelf L-5
  [[Shelf {{{shelf2}}}]]

Henry Swinburne (1521 – 1624) was an ecclesiastical lawyer in England, known for his two great publications, A Briefe Treatise of Testaments and Last Wills and A Treatise of Spousals, or Matrimonial Contracts. Hoping to reach a broader audience, he was the first ecclesiastical lawyer to write his works in English.[1] A Treatise of Testaments and Last Wills was used as the standard text on family law for 200 years.[2] Swinburne believed that there were too many disjointed books on the subject, making it very difficult to study. With his volume he hoped to replace hundreds of titles and allow for more clarity and deeper study.[3]

Chart "Shewing by what Means Testaments and Last Wills Become Void."

Evidence for Inclusion in Wythe's Library

Listed in the Jefferson Inventory of Wythe's Library as Swinburne on wills. fol. and given by Thomas Jefferson to Dabney Carr. The precise edition owned by Wythe is unknown. Folio editions were published in 1728 and 1743.[4] George Wythe's Library[5] on LibraryThing indicates as much without choosing an edition. The Brown Bibliography[6] lists the 1728 edition in part based on the existence of that edition in Jefferson's library.[7] The Wolf Law Library moved a copy of the 1743 edition from the general rare books collection to the George Wythe Collection.

Description of the Wolf Law Library's copy

Rebound in period style full red calf with black spine label and marbled endpapers. Title page signed by former owners "C.P. Sherman 1881", "J. R. Tyson" and "Greaves."

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. ↑ Sheila Doyle, "Swinburne, Henry (c.1551–1624)" in Oxford Dictionary of National Biography (Oxford University Press, 2004- ), accessed October 13, 2013.
  2. ↑ Ibid.
  3. ↑ J. H. Baker, "Famous English Canon Lawyers: V," Ecclesiastical Law Journal 3, no. 12 (1993): 5-9.
  4. ↑ English Short Title Catalog, http://estc.bl.uk, search of "Swinburne" and "Wills" reveals only two folio editions.
  5. ↑ LibraryThing, s. v. "Member: George Wythe," accessed on April 21, 2013.
  6. ↑ 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
  7. ↑ E. Millicent Sowerby, Catalogue of the Library of Thomas Jefferson, (Washington, D.C.: The Library of Congress, 1952-1959), 2:381 [no.2148].
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