Difference between revisions of "New Abridgment of the Law"

From Wythepedia: The George Wythe Encyclopedia
Jump to: navigation, search
m
(27 intermediate revisions by 7 users not shown)
Line 2: Line 2:
 
===by Matthew Bacon===
 
===by Matthew Bacon===
 
__NOTOC__
 
__NOTOC__
Similar to a legal encyclopedia, ''A New Abridgment'' contains in-depth examinations of entire areas of the law and references to statutes, decided cases, and authoritative treatises. <ref> Johnson 4 (10 copies); Cowley 257 (v.1-4), 230 (v.%) & p. Ix-Ixiv; S&M 1:16(1); Marvin 85; Bridgman 10; Worrall 4; Holdsworth, HEL 12:169; Holdsworth, Sources 110; Winfield 242, Baker, E:H 186; ODNB 'Bacon, Matthew'; ESTC N5624 (v.1-4), T145688 (v.5). </ref>
+
{{BookPageInfoBox
 +
|imagename=BaconAbridgement1768v1.jpg
 +
|link=https://catalog.libraries.wm.edu:443/01COWM_WM:01COWM_WM_ALMA:01COWM_WM_ALMA21548628260003196
 +
|shorttitle=Bacon's Abridgement
 +
|vol=volume one
 +
|author=[[:Category: Matthew Bacon|Matthew Bacon]]
 +
|edition=Third (volumes one-three); second (volume four); first (volume 5)
 +
|lang=[[:Category: English|English]]
 +
|publoc=[[:Category: London|London]]
 +
|publisher=Printed by His Majesty's Law-Printers for J. Worrall and Co.
 +
|year=1768
 +
|set=5
 +
|desc=[[:Category: Folios|Folio]] (37 cm.)
 +
|shelf=I-5
 +
}}[http://en.wikipedia.org/wiki/Mathew_Bacon Matthew Bacon] (c. 1700 &ndash; 1757) gained admission to the [http://www.newadvent.org/cathen/08522a.htm Inner Temple] in 1726 and to the [http://en.wikipedia.org/wiki/Middle_Temple Middle Temple] in 1731; he joined the bar in 1732.<ref>N. G. Jones, "[http://www.oxforddnb.com/view/article/64033 Bacon, Matthew (b. c.1700, d. in or before 1757)]" ''Oxford Dictionary of National Biography'', accessed June 27, 2013.</ref> The first volumes of ''A New Abridgment'' appeared anonymously, but no one doubts the attribution to Bacon.<ref>William Holdsworth, ''A History of English Law'', (London: Methuen & Co., Sweet and Maxwell, 1938), 12:169.</ref> The organization of the work more closely resembles a legal encyclopedia with "a series of scientifically constructed treatises on all branches of the law alphabetically arranged."<ref>Ibid.</ref> This organization made Bacon's abridgment superior to and more popular than [[General Abridgment of Law and Equity|Viner's]].<ref>Jones, "Bacon, Matthew."</ref> Historians agree that
  
<blockquote> In 1736 there appeared... the first two volumes of A New Abridgment of the Law, the third volume following in 1740. Only the first two thirds of the fourth volume were completed by Bacon before his death. The remainder of that volume, which appeared in 1759, and just over half of the fifth and final volume, which appeared in 1766, were written by Joseph Sayer, serjeant-at-law. The remaining portion of the fifth volume was completed by Owen Ruffhead. The work reached a seventh English edition, in eight volumes, in 1832. It was extremely popular in the United States of America, and was several times edited there by Bird Wilson, and by John Bouvier.
+
<blockquote>[m]uch, though not all, of Bacon's material was derived from the work of Jeffrey Gilbert, chief baron of the exchequer in Ireland from 1715 to 1722, and subsequently chief baron of the exchequer in England. There is a frequent resemblance between the text of Bacon's abridgement and Gilbert's published works ''Devises'' (1730), ''Ejectments'' (1734), and ''Rents'' (1758), though there is no such resemblance with certain other published works by Gilbert, and it is possible that Bacon obtained Gilbert's material not from his treatises but from a manuscript abridgement compiled by Gilbert. Bacon may also have used the works of Matthew Hale, William Hawkins, and Knightley D'Anvers.<ref>Ibid.</ref></blockquote>
 
 
Unlike earlier abridgements, Bacon's work did not consist of notes of cases and statutes roughly put together under alphabetical heads, but rather foreshadowed modern legal encyclopaedias in containing a collection of scientific treatises on all branches of the law. Bacon's abridgement, which Charles Viner refused to regard as an abridgement at all, but just ‘called so in order to make it more saleable’, was in this way superior to Viner's, and attained a popularity which Viner's work was unable to match. Much, though not all, of Bacon's material was derived from the work of Jeffrey Gilbert, chief baron of the exchequer in Ireland from 1715 to 1722, and subsequently chief baron of the exchequer in England. There is a frequent resemblance between the text of Bacon's abridgement and Gilbert's published works Devises (1730), Ejectments (1734), and Rents (1758), though there is no such resemblance with certain other published works by Gilbert, and it is possible that Bacon obtained Gilbert's material not from his treatises but from a manuscript abridgement compiled by Gilbert. Bacon may also have used the works of Matthew Hale, William Hawkins, and Knightley D'Anvers. <ref> N. G. Jones, ‘Bacon, Mathew (b. c.1700, d. in or before 1757)’, Oxford Dictionary of National Biography, Oxford University Press, 2004; online edn, Jan 2008 [http://www.oxforddnb.com/view/article/64033, accessed 27 June 2013] </ref> </blockquote>
 
 
 
==Bibliographic Information==
 
'''Author:''' Matthew Bacon
 
 
 
'''Title:''' A New Abridgment of the Law
 
 
 
'''Published:''' Printed by His Majesty's Law-Printers for J. Worrall and Co., 1768.
 
 
 
'''Edition:'''
 
  
 +
Bacon compiled only the entries through "Sheriff" in volume four; Sergeant Sayer completed that volume, while Owen Ruffhead wrote volume five.<ref>Holdsworth, ''A History of English Law'', 169.</ref> In 1847, J. G. Marvin claimed Bacon's ''Abridgment'' was "probably in more general use in the United States than any other English Abridgment of the Common Law."<ref>J. G. Marvin, ''Legal Bibliography, or a Thesaurus of American, English, Irish and Scotch Law Books'', (T. & J. W. Johnson, Lawbook Sellers, 1847), 85.</ref>
 +
[[File:BaconNewAbridgment1768v5Inscription.jpg|left|thumb|350px|<center>Owner's inscription, front free endpaper, volume five.</center>]]
 
==Evidence for Inclusion in Wythe's Library==
 
==Evidence for Inclusion in Wythe's Library==
 +
Listed in the [[Jefferson Inventory]] of [[Wythe's Library]] as "Bacon's abridged 4.v. in 7. fol." and given by [[Thomas Jefferson]] to [[Dabney Carr]]. While  the Library of Congress did not purchase Wythe's copy from Jefferson, his set is now owned by the Library. Volumes 1 through 3 are inscribed "Given by Thos. Jefferson to D. Carr, 1806." Volume 2 of this set includes [[George Wythe's bookplate]] and volume 4 has "George Wythe" in manuscript on one of the preliminary pages. Wythe's set is the first edition (volumes 1-2: 1736; volume 3: 1740; volume 4: 1759; volume 5: 1766). 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> and [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 include the first edition of this title based on knowledge of Wythe's copy at the Library of Congress. [[Dean Bibliography|Dean's Memo]]<ref>[[Dean Bibliography|Memorandum from Barbara C. Dean]], Colonial Williamsburg Found., to Mrs. Stiverson, Colonial Williamsburg Found. (June 16, 1975), 9 (on file at Wolf Law Library, College of William & Mary).</ref> lists the third edition in the section of titles Wythe assigned his law students and clerks. The Wolf Law Library followed Dean's suggestion and purchased the third edition before discovering the existence of the Wythe copy at the Library of Congress.
  
 
==Description of the Wolf Law Library's copy==
 
==Description of the Wolf Law Library's copy==
Bound in contemporary calf with contrasting spine labels.Each volume is signed "John Hebb 1768" on the front free endpaper. Purchased from Nostre Livers.
+
Bound in contemporary calf with contrasting spine labels. Each volume is signed "John Hebb 1768" on the front free endpaper. Purchased from Nostre Livers.<br />
===References===
+
<br />
 +
Images of the library's copy of this book are [https://www.flickr.com/photos/wolflawlibrary/sets/72157655548878513 available on Flickr.] View the record for this book in [https://catalog.libraries.wm.edu:443/01COWM_WM:01COWM_WM_ALMA:01COWM_WM_ALMA21548628260003196 William & Mary's online catalog.]
  
 +
==See also==
 +
*''[[Compleat Arbitrator|The Compleat Arbitrator, or The Law of Awards and Arbitraments]]''
 +
*[[George Wythe Room]]
 +
*[[Jefferson Inventory]]
 +
*[[Wythe's Library]]
 +
 +
==References==
 
<references/>
 
<references/>
  
[[Category:Books]]
+
==External links==
 +
*Read volume one of this work in [https://books.google.com/books?id=hho2AQAAMAAJ&printsec=frontcover Google Books.]
 +
*Read volume two of this work in [https://books.google.com/books?id=HBs2AQAAMAAJ&printsec=frontcover Google Books.]
 +
*Read volume three of this work in [https://books.google.com/books?id=3ho2AQAAMAAJ&printsec=frontcover Google Books.]
 +
*Read volume four of this work in [https://books.google.com/books?id=Uxo2AQAAMAAJ&printsec=frontcover Google Books.]
 +
 
 +
[[Category:Abridgments]]
 +
[[Category:Case Reports]]
 +
[[Category:Dabney Carr's Books]]
 +
[[Category:George Wythe Collection at William & Mary's Wolf Law Library]]
 +
[[Category:Known Surviving Wythe Volumes]]
 +
[[Category:Matthew Bacon]]
 
[[Category:Titles in Wythe's Library]]
 
[[Category:Titles in Wythe's Library]]
[[Category:Case Reports]]
+
[[Category:English]]
[[Category:Abridgments]]
+
[[Category:Folios]]
 +
[[Category:London]]

Revision as of 15:07, 17 November 2020

by Matthew Bacon

Bacon's Abridgement
BaconAbridgement1768v1.jpg

Title page from Bacon's Abridgement, volume one, George Wythe Collection, Wolf Law Library, College of William & Mary.

Author Matthew Bacon
Editor {{{editor}}}
Translator {{{trans}}}
Published London: Printed by His Majesty's Law-Printers for J. Worrall and Co.
Date 1768
Edition Third (volumes one-three); second (volume four); first (volume 5)
Language English
Volumes 5 volume set
Pages {{{pages}}}
Desc. Folio (37 cm.)
Location Shelf I-5
  [[Shelf {{{shelf2}}}]]

Matthew Bacon (c. 1700 – 1757) gained admission to the Inner Temple in 1726 and to the Middle Temple in 1731; he joined the bar in 1732.[1] The first volumes of A New Abridgment appeared anonymously, but no one doubts the attribution to Bacon.[2] The organization of the work more closely resembles a legal encyclopedia with "a series of scientifically constructed treatises on all branches of the law alphabetically arranged."[3] This organization made Bacon's abridgment superior to and more popular than Viner's.[4] Historians agree that

[m]uch, though not all, of Bacon's material was derived from the work of Jeffrey Gilbert, chief baron of the exchequer in Ireland from 1715 to 1722, and subsequently chief baron of the exchequer in England. There is a frequent resemblance between the text of Bacon's abridgement and Gilbert's published works Devises (1730), Ejectments (1734), and Rents (1758), though there is no such resemblance with certain other published works by Gilbert, and it is possible that Bacon obtained Gilbert's material not from his treatises but from a manuscript abridgement compiled by Gilbert. Bacon may also have used the works of Matthew Hale, William Hawkins, and Knightley D'Anvers.[5]

Bacon compiled only the entries through "Sheriff" in volume four; Sergeant Sayer completed that volume, while Owen Ruffhead wrote volume five.[6] In 1847, J. G. Marvin claimed Bacon's Abridgment was "probably in more general use in the United States than any other English Abridgment of the Common Law."[7]

Owner's inscription, front free endpaper, volume five.

Evidence for Inclusion in Wythe's Library

Listed in the Jefferson Inventory of Wythe's Library as "Bacon's abridged 4.v. in 7. fol." and given by Thomas Jefferson to Dabney Carr. While the Library of Congress did not purchase Wythe's copy from Jefferson, his set is now owned by the Library. Volumes 1 through 3 are inscribed "Given by Thos. Jefferson to D. Carr, 1806." Volume 2 of this set includes George Wythe's bookplate and volume 4 has "George Wythe" in manuscript on one of the preliminary pages. Wythe's set is the first edition (volumes 1-2: 1736; volume 3: 1740; volume 4: 1759; volume 5: 1766). The Brown Bibliography[8] and George Wythe's Library[9] on LibraryThing include the first edition of this title based on knowledge of Wythe's copy at the Library of Congress. Dean's Memo[10] lists the third edition in the section of titles Wythe assigned his law students and clerks. The Wolf Law Library followed Dean's suggestion and purchased the third edition before discovering the existence of the Wythe copy at the Library of Congress.

Description of the Wolf Law Library's copy

Bound in contemporary calf with contrasting spine labels. Each volume is signed "John Hebb 1768" on the front free endpaper. Purchased from Nostre Livers.

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.

See also

References

  1. N. G. Jones, "Bacon, Matthew (b. c.1700, d. in or before 1757)" Oxford Dictionary of National Biography, accessed June 27, 2013.
  2. William Holdsworth, A History of English Law, (London: Methuen & Co., Sweet and Maxwell, 1938), 12:169.
  3. Ibid.
  4. Jones, "Bacon, Matthew."
  5. Ibid.
  6. Holdsworth, A History of English Law, 169.
  7. J. G. Marvin, Legal Bibliography, or a Thesaurus of American, English, Irish and Scotch Law Books, (T. & J. W. Johnson, Lawbook Sellers, 1847), 85.
  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. LibraryThing, s.v. "Member: George Wythe", accessed on April 21, 2013.
  10. Memorandum from Barbara C. Dean, Colonial Williamsburg Found., to Mrs. Stiverson, Colonial Williamsburg Found. (June 16, 1975), 9 (on file at Wolf Law Library, College of William & Mary).

External links