Difference between revisions of "General Abridgment of Law and Equity"

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===by Charles Viner===
 
===by Charles Viner===
 
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<blockquote>Viner entered the Middle Temple in 1700, and although he was never called to the bar he kept chambers in King's Bench Walk, Temple, from where he gave occasional legal advice. His real interest, however, was more in the literature of the law than in its practice. He began to collect notes of recently decided cases in 1703, but devoted the greater part of his life to the exhaustive arrangement of existing legal materials under alphabetical headings, based on the works of his predecessors Robert Brooke and Henry Rolle. His General abridgment of law and equity: alphabetically digested under proper titles, with notes and references to the whole was published in 23 volumes between 1742 and 1757 (the final volume posthumously). This was printed, reputedly under Viner's direction at his own home, on paper watermarked with his monogram, published by him personally, and the earlier volumes sold from his chambers in the Temple. Though unwieldy to use, it was the most comprehensive attempt to render accessible the legal materials printed before his time, and it remains an invaluable key to these works. An Alphabetical Index to the work was published by Robert Kelham in 1758, and incorporated into the second edition of the Abridgment (1791–4).<ref> David Ibbetson, ‘Viner, Charles (bap. 1678, d. 1756)’, Oxford Dictionary of National Biography, Oxford University Press, 2004; online edn, Oct 2006 [http://www.oxforddnb.com/view/article/28317, accessed 30 May 2013]</ref> </blockquote>
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Charles Viner (bap.1678 d.1756) studied at Hart Hall, Oxford, but never completed his studies.<ref>David Ibbetson, [http://www.oxforddnb.com/view/article/28317 “Viner, Charles (bap. 1678, d. 1756)”], ''Oxford Dictionary of National Biography'' (Oxford University Press, 2004- ), accessed November 21, 2013.</ref> He gained admission to the Middle Temple in 1700.<ref>Ibid.</ref> Although never called to bar, he kept chambers at the King’s Bench Walk, Temple.<ref>Ibid.</ref>  There he gave occasional legal advice. <ref>Ibid.</ref>  In his free time he enjoyed researching the literature of the law.<ref>Ibid.</ref>  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.<ref>Percy H. Winfield, ''The Chief Sources of English Legal History'' (Cambridge: Harvard University Press, 1925),244.</ref> Thus, he started his work where D’Anvers left off: at the letter “F.” .<ref>Ibid.</ref><br />
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Viner’s work took over half a century, resulting in twenty-three volumes.<ref>Ibid.</ref>  Not only were the words his own, but he personally directed the manufacture of the paper that went into each volume.<ref>Ibid.</ref>  Realizing the deficiencies in existing abridgements, he decided to complete the rest of the alphabet after finishing “F” through “Z.”<ref>Ibid.</ref>  Unsurprisingly, his independence angered established publishers and booksellers alike. <ref>Ibid.</ref><br />
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Viner’s work was monumental, but a bit disorganized.<ref>Ibid.</ref> Completed in 1753, its twenty-three volumes contained a nearly complete composition of the legal materials available at the time.<ref>Ibid.</ref> However, with each volume containing approximately 550 pages, the material could be difficult to find.<ref>Ibid.</ref> It was not until 1758 that Robert Kelham’s index provided the key to finding material quickly and accurately.<ref>Ibid.</ref> Because of its utility, the index became so important to accessing the work that the second edition of Viner’s abridgment, of which George Wythe had a copy, included it as a twenty-fourth volume.<ref>Ibid.</ref><br />
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Viner’s final legacy, aside from his comprehensive work, came from his generosity to the University of Oxford.<ref>David Ibbetson, [http://www.oxforddnb.com/view/article/28317 “Viner, Charles.”</ref> Upon his death in 1756, he donated almost his entire estate to support the study of the common law. <ref>Ibid.</ref>  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. <ref>Ibid.</ref><br />
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Viner’s Abridgment was the most expansive common law work created by a single person.<ref>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.</ref> 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.” <ref>Ibid.</ref> Others are more favorable: “When a question of Evidence. . . arises, fail not to search the. . . last edition of Viner’s Abridgment”<ref>Ibid. 712</ref> 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>
  
 
==Bibliographic Information==
 
==Bibliographic Information==
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'''Publication Info:''' Aldershot: Printed for the Author, by Agreement with the Law-Patentees, 1741-1753.  
 
'''Publication Info:''' Aldershot: Printed for the Author, by Agreement with the Law-Patentees, 1741-1753.  
  
'''Edition:''' First edition; twenty-three volumes and index.
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'''Edition:''' Second edition; twenty-three volumes and index.
  
 
==Evidence for Inclusion in Wythe's Library==
 
==Evidence for Inclusion in Wythe's Library==

Revision as of 10:46, 22 November 2013

by Charles Viner

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, of which George Wythe had a copy, included it as a twenty-fourth volume.[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 was 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>

Bibliographic Information

Author: Charles Viner.

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

Publication Info: Aldershot: Printed for the Author, by Agreement with the Law-Patentees, 1741-1753.

Edition: Second edition; twenty-three volumes and index.

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