Friday, February 13, 2015
This postcard is part of a long, unflattering tradition of associating lawyers with greed. However, there's also the positive association of determination and cleverness: in spite of the physical evidence of his client's guilt, this lawyer will zealously argue on his behalf.
For more law-related postcards, all generally donated by law professor Michael Hoeflich, please visit our Rare Book Room exhibit, or check out the exhibit webpage.
~Written by our terrific intern, Alexa "Lexy" Bader (BC, College of Arts & Sciences, class of 2016).
Posted by Laurel Davis at 10:44 AM
Friday, January 23, 2015
We have several books in our collection with an Otis provenance--more on that later--and recently had to good fortune to acquire some documents that were actually produced in the course of the everyday legal practice of James Otis, Sr. (father of the famous patriot).
First up is this docket of cases heard in Plymouth in December 1736. The list is in Otis Sr.'s hand, and includes some 92 different matters. A couple involve Otis himself as plaintiff in default actions. Some others presumably were cases in which he was representing one of the parties, but it's hard to know how many in which he was directly involved.
In addition to notes about the type of case (usually 'default,' though sometimes 'appeal'), some matters have an "X" notation; others have a "B" or "P". What might these notes mean?
Next time? A writ of execution against Noah Wepquish, a member of the Mashpee tribe, for unpaid legal fees that Otis Sr. earned when representing the Wepquish's son in a capital case.
Posted by Laurel Davis at 5:10 PM
Friday, December 19, 2014
Nothing like a few law-related puns to bring cheer to a holiday party! Our postcard collection, generously donated by Professor Michael Hoeflich, includes quite a few holiday-themed cards. Check out the webpage for our law in postcards exhibit to see some pictures and the exhibit catalog, which has a holiday section.
May your worries be as brief as a legal document this holiday season! Until next year...
Posted by Laurel Davis at 4:08 PM
Wednesday, December 10, 2014
Henry Care's English Liberties, or the Free-born Subject's Inheritance was originally published in England around 1680 (the title page had no year). The book is a layman's guide to English law and government, with a focus on the Magna Cagna, the Charter of the Forest, other important early English statutes, and subjects such as juries, justices of the peace, murder and manslaughter.
A note after the Contents section indicates that this edition, with additions by William Nelson, is specially adapted for American audiences. It omits content that wasn't deemed useful for the colonies, but "to compensate amply for those Omissions, and make the Work as truly valuable", there are additions for colonial readers in the way of forms for justices of the peace and "Extracts from several late celebrated Writers on the British Constitution, which serve to illustrate and enforce the very important Doctrines advanced by the ingenious Author" (viii).
This last bit is interesting, as this volume was published in Providence, Rhode Island in 1774, just months after the passage of the Intolerable Acts. The discussion of Magna Carta and fundamental rights would have been quite interesting reading for colonial patriots. Indeed, Thomas Jefferson had two copies of this work, which was a source of inspiration for William Penn's Excellent Priviledge of Liberty and Property (1687) and a source for George Mason when drafting Virginia's Declaration of Rights (1776).
Many thanks to the folks at Lawbook Exchange for the detailed description, upon which the post is based.
Posted by Laurel Davis at 2:59 PM
Friday, November 21, 2014
This 1774 deed confirms the sale of fifty acres of land around Worcester (in the then Massachusetts Bay Colony) from Artemas How to Bezeleel Hale to “Have, Hold, Use, Occupy Possess and Enjoy.” The deed contains a description of the land that is almost as confounding and entertaining as it is long; the tract of land goes from “a heap of stones a corner of Holman Priests land…one hundred and forty three rods to a white Oak then southeast thirty seven rods by land of Eleazer[?] Johnson to a red oak and then southeasterly…” and so on for several more lines.
The document was witnessed and signed on the verso by the Justice of the Peace, John Whitcomb, who is perhaps the most interesting character in this story. Whitcomb became a lieutenant in his early thirties but was considered too old to fight by the time the Revolutionary War rolled around, soon after the execution of this deed. He ended up entering into battle anyway, since his militia refused to fight without him. He eventually rose to the rank of Brigadier-General but refused a later request from Washington to take charge of all the troops from Massachusetts. He then spent the rest of his life serving as Justice of the Peace and mining limestone. Artemas How, as well, served in the Revolutionary War and fought in the Battle of Lexington and Concord. However, it seems he never found his footing, let alone fortune, in the limestone industry.
The other signatory of interest is Artemas How’s wife, Abigail, who signed the deed right below her husband (only Artemas is listed in the covenant within the actual text). We have several other deeds in our Brooker Collection signed by husband and wife, so this was not unheard of. However, it is fascinating, as the property of married women came under the control of their husbands under the English doctrine of coverture. Did Abigail’s signature have any legal significance, or is it perhaps an indication of Artemas How’s respect for his wife?
~This post was written by Lexy Bader, our reference assistant in the BC Law Library. Many thanks to Lexy and the kind folks at Philadelphia Rare Books & Manuscript for their helpful description.
Posted by Laurel Davis at 4:27 PM
Thursday, September 11, 2014
The cards in the exhibit were the basis of Professor Hoeflich's book, The Law in Postcards and Legal Ephemera 1890-1962 (The Lawbook Exchange, 2012). It's a fun and colorful exhibit, and we'd love for you to come to take a look. For a sneak preview, check out the exhibit webpage!
Posted by Laurel Davis at 4:43 PM
Wednesday, August 6, 2014
This is a first edition of Emer de Vattel's groundbreaking work on international law, Le Droit de Gens (London, 1758). It was soon published in English as The Law of Nations in 1759-60, a publication that we also have in our collection.
This particular copy grabbed my attention because it is in the original publisher's binding, which presumably was meant to be temporary. The pages are untrimmed, and you can see from the picture on the right that the label was placed upside down on the wrong end of the spine on volume 1. It looks exactly as it did when it was produced in 1758, with the exception of some wear around the edges of the boards. The internal pages are fresh, with lovely red and black title pages in both volumes.
Vattel (1714-1767) was a disciple of the German philosopher Christian Wolff and echoed Wolff's belief in the importance of natural law in conjunction with positive law. Vattel believed that abiding by treaties was a sacred duty. His work was immensely influential in the colonies and early United States and was read by founders such as Franklin and Jefferson. An early American edition was published in Northhampton, Massachusetts in 1805. Interestingly, this work is still cited today. A quick Westlaw case search for Vattel and the title brought up close to 250 results, with several from 2014!
Many thanks to Joe Luttrell at Meyer Boswell for his insights on the binding. For more on Vattel and his influence, particularly in the colonies and early U.S., take a look at Jesse S. Reeves, "The Influence of the Law of Nature upon International Law in the United States," The American Journal of International Law, Vol. 3, No. 3 (Jul., 1909), pp. 547-561.
Posted by Laurel Davis at 1:10 PM