A General Abridgment of Law and Equity

From Wythepedia: The George Wythe Encyclopedia
Revision as of 14:40, 28 January 2014 by Ajsnider (talk | contribs)

Jump to: navigation, search

A General Abridgment of Law and Equity: Alphabetically Digested under Proper Titles with Notes and References to the Whole.

by Charles Viner

A General Abridgment of Law and Equity
VinersAbridgement1741v3.jpg

Title page from A General Abridgment of Law and Equity, volume three, George Wythe Collection, Wolf Law Library, College of William & Mary.

Author Charles Viner
Editor {{{editor}}}
Translator {{{trans}}}
Published Aldershot: Printed for the Author, by Agreement with the Law-Patentees
Date 1741-53
Edition First
Language English
Volumes 23 volume set
Pages {{{pages}}}
Desc. 34 cm.
Location [[Shelf {{{shelf}}}]]
  [[Shelf {{{shelf2}}}]]

Charles Viner (bap.1678 d.1756) studied at Hart Hall, Oxford, but never completed his studies.[1] He gained admission to the Middle Temple in 1700.[2] Although never called to bar, he kept chambers at the King’s Bench Walk, Temple.[3] There he gave occasional legal advice. [4] In his free time he enjoyed researching the literature of the law.[5] Therefore, it should be of little surprise that his Abridgment began as more of a hobby than a source of income. He based his work on Rolle’s Abridgment, but thought of it as more of a supplement to the uncompleted D’Anvers’s Abridgement.[6] Thus, he started his work where D’Anvers left off: at the letter “F.” .[7]

Viner’s work took over half a century, resulting in twenty-three volumes.[8] Not only were the words his own, but he personally directed the manufacture of the paper that went into each volume.[9] Realizing the deficiencies in existing abridgements, he decided to complete the rest of the alphabet after finishing “F” through “Z.”[10] Unsurprisingly, his independence angered established publishers and booksellers alike. [11]

Viner’s work was monumental, but a bit disorganized.[12] Completed in 1753, its twenty-three volumes contained a nearly complete composition of the legal materials available at the time.[13] However, with each volume containing approximately 550 pages, the material could be difficult to find.[14] It was not until 1758 that Robert Kelham’s index provided the key to finding material quickly and accurately.[15] Because of its utility, the index became so important to accessing the work that the second edition of Viner’s abridgment included it as a twenty-fourth volume. George Wythe owned the first edition of the work and, although Kelham's index was available to him, it is uncertain whether he owned a copy. [16]

Viner’s final legacy, aside from his comprehensive work, came from his generosity to the University of Oxford.[17] Upon his death in 1756, he donated almost his entire estate to support the study of the common law. [18] It was his intention that others build upon the subject of his life’s work.< ref>Ibid.</ref> The first to hold this endowed professorship was Sir William Blackstone, a man who did just that. [19]

Viner’s Abridgment is the most expansive common law work created by a single person.[20] Treatment of his work has varied in the 250 years since its creation. According to Chief Justice Story, “It is a cumbersome compilation, by no means accurate or complete in its citations, and difficult to use.” [21] Others are more favorable: “When a question of Evidence. . . arises, fail not to search the. . . last edition of Viner’s Abridgment”[22] Regardless of these opinions, it was an influential work, cited by courts long after the author’s death.< ref>Percy H. Winfield, The Chief Sources of English Legal History, 245.</ref>

Evidence for Inclusion in Wythe's Library

Wythe definitely owned this title—a copy at the Library of Congress includes his bookplate in each volume.[23] It is also listed in the Jefferson Inventory of Wythe's Library as Viner’s abr. F. to Y. inclus. 10.v. fol. under "[Commo]n law" in the section of books kept by Thomas Jefferson. Two of the Wythe Collection sources (Brown's Bibliography[24] and George Wythe's Library[25] on LibraryThing) include "Viner's Abridgment."

Description of the Wolf Law Library's copy

Set includes Robert Kelham's An Alphabetical Index to All the Abridgments of Law and Equity: and to Several Books of the Crown law, Conveyancing, and Practice, with Their Divisions and Subdivisions; Chiefly Calculated to Facilitate the References to the General Abridgment of Law and Equity, by Charles Viner, Esq (London, In the Savoy: Printed by Henry Lintot ... for the author, and sold by J. Worrall, 1758).

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

External Links

Google Books

References

  1. David Ibbetson, “Viner, Charles (bap. 1678, d. 1756)”, Oxford Dictionary of National Biography (Oxford University Press, 2004- ), accessed November 21, 2013.
  2. Ibid.
  3. Ibid.
  4. Ibid.
  5. Ibid.
  6. Percy H. Winfield, The Chief Sources of English Legal History (Cambridge: Harvard University Press, 1925),244.
  7. Ibid.
  8. Ibid.
  9. Ibid.
  10. Ibid.
  11. Ibid.
  12. Ibid.
  13. Ibid.
  14. Ibid.
  15. Ibid.
  16. Ibid.
  17. David Ibbetson, [http://www.oxforddnb.com/view/article/28317 “Viner, Charles.”
  18. Ibid.
  19. Ibid.
  20. J. G. Marvin, Legal Bibliography or a Thesaurus of American, English, Irish, and Scotch Law Books (Philadelphia: T. & J. W. Johnson, Law Booksellers, 1847) 711.
  21. Ibid.
  22. Ibid. 712
  23. E. Millicent Sowerby, Catalogue of the Library of Thomas Jefferson, 2nd ed. (Charlottesville: University Press of Virginia, 1983), 2:222 [no.1791].
  24. 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
  25. LibraryThing, s. v. "Member: George Wythe," accessed on June 28, 2013, http://www.librarything.com/profile/GeorgeWythe