MRP: Law

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C17th legal bibliography

Calendars and law reports


Ames, X, A selection of cases on the laws of bills and notes, vol. 2 (XXXX, 1894)
Browning, E., V. Lushington, Reports of cases decided in the High Court of Admiralty of England, 1863-1865 (London, 1868)
Phillimore, X., Calendar of Chancery proceedings (London, 188X)
Sanders, G.W., Orders of the high court of Chancery, vol. 1 (London, 1845)

Rutgers law library: - online resource to identify law reports, year books, books of authority, and statutes



Courts


- Cockburn, J.S., A history of English assizes, 1558-1714 (Cambridge, 1972)
Henderson, John Greene, Chancery practice: with especial reference to the office and duties of masters in chancery, registers, auditors, commissioners in chancery, court commissioners, master commissioners, referees, etc., including forms of orders of reference, master's reports, objections, exceptions, orders of ... (London, 1904)
Phillimore, R., The practice and courts of civil and ecclesiastical law (XXXX, 1848)
- Senior, W., Doctors Commons and the old court of admiralty (London, 1922)

Fields of law


Anonymous, The practick part of the law (XXXX, XXXX)
- Boyer, A.D. (ed.), Essays by Thomas Garden Barnes, Shaping the common law: from Glanvill to Hale, 1188-1688 (Stanford, 2008)

  • Well written by an eminent legal historian, now an emeritus professor of Berkeley, California. The book consists of republished introductions to original works by the figures profiled. These introductions were originally published between 1982 and 2007
  • See especially Ch. 1 'Glanvill', pp.11-22; Ch.2 'Littleton', pp.32-45; Ch.7 'Francis Bacon', pp. 98-113; Ch.8 'Sir Edward Coke', pp. 114-135

Davies, K.G., ‘Joint-stock investment in the later seventeenth century’, Economic History Review, 2nd ser., vol. IV, no. 3, pp. 283-301 ?DATE CHECK
- Finch,Thomas, Precedents in Chancery, 2nd ed. (London, 1786)
- Macnair, M.R.T., The law of proof in early modern equity (Berlin, 1999)

  • Discusses 'the conceptual structure of the doctrine and procedure of proof of facts in the courts of equity and the relationship of this doctrine to the proof concepts of contemporary civilians (lawyers trained in the civil law tradition, working both in civil and canon laws)'. Argues that contemporaries were essentially right in seeing courts of equity as pursuing essentially civilian proof procedure and concepts

Townesend, George, A preparative to pleading...(Being) a work intended for the instruction and help of young clerks of the common pleas (XXXX, 1675)
- Nelson, William, Reports of cases decreed in the High Court of Chancery: during the time Sir Heneage Finch, afterwards earl of Nottingham, was lord chancellor. (1673-1680) (London, 1725)
- Nelson, William, Reports of special cases argued and decreed in the Court of Chancery: in the reigns of King Charles I., King Charles II. and King William III. (1625-1693), 2nd ed. (London, 1786)

    • NOTE: The web link given by Google Book is actually for a volume of cases 1689-1722

Raithby, John, Cases argued and adjudged in the High Court of Chancery (1680-1719), vol. 2, pt. 2 (London, 1806)
Weber, Max, transl. Lutz Kaelber, The history of commercial partnerships in the Middle Ages (Lanham, MY, 2003)



Grays Inn


Prest, Wilfrid R., The Inns of Court under Elizabeth I and the early Stuarts, 1590-1640 (London, 1972)
- Severn, M.D., Catalogue of the books in the library of the Honourable Society of Gray's Inn: with an index of subjects (London, 1906)



Lawyers


- Brooks, C.W., Pettyfoggers and vipers of the commonwealth: the ‘lower branch’ of the legal profession in early modern England (Cambridge, 1986)
- Foss, Edward, The Judges of England with sketches of their lives, 1603-1660 (vol. 6) (London, 1857)
Hart, A.R., A History of the king's serjeants at law in Ireland: honour rather than advantage? (XXXX, 2000)
- Lemmings, David, Gentlemen and barristers: the Inns of Court and the English bar, 1680-1730 (Oxford, 1990)

  • See especially Ch. 1: 'The student body of the inns of court', pp. 8-30; Ch. 4 'Formal and informal legal education', pp.55-109; and Ch. 8: 'The pattern of preferment', pp. 235-257

- Prest, Wilfrid R., The rise of the barristers: a social history of the English bar, 1590-1640 (Oxford, 1986)

  • Appendix E Biographical Notes on Benchers, pp. 339-406
  • Appendix G Geographical Origins of Sample, pp. 412-413
  • Table 4.2 gentry and Unknowns: Geographical Origins, p. 92
  • Table 4.4 Comparative Regional Origins
  • Table 4.5 Migration and Urbanization
  • Table 4.6 Regional Destinations
  • Table 8.3 Regional Distribution of Royalists and Parliamentarians

- Prest, W.R., The Professions in early modern England (Beckenham, 1987)

  • See especially Introduction: the professions and society in early modern England, pp. 1-24; Ch. 2: the anatomy of a profession: the clergy of the Church of England, pp. 25-63; Ch. 3: lawyers, pp. 64-93; Ch. 6: the estate steward, pp. 154-180; Ch. 7: the profession of arms, pp. 181-219




Recommended C17th law books

(as purchased by James Master of Yotes Court)

Coke's Institutes of the Laws of England, 4 vols. (London, 1628-1644)

  • See Wikipedia entry on - the Institutes of the Laws of England
  • Four parts; first part: a Commentary upon Littleton. Often called "Coke on Littleton" or abbreviated "Co. Litt.", second part: Containing the Exposition of Many Ancient and Other Statutes., third part: Concerning High Treason, and Other Pleas of the Crown and Criminal Causes., fourth part: Concerning the Jurisdiction of Courts
  • Coke (1552-1634) studied at Trinity College, Cambridge, Clifford's Inn and Inner Temple. For background see wikipedia entry on - Sir Edward Coke

Cowell's Interpreter
Finch's Law
Lawyers Light
Littleton, Doctor and student

Proclamations
The attourney's academy (London, 1623)

  • Deals with court procedures, starting actions, issuing of writs, appropriate fees; but probably targeted at laymen

The office of an atturney
Tysadale, John (printer), The tenours and forme of indentures, obligations, quitances, bylles of payment, letters of sale and letters of exchange (London, 1541)
The terms of the law
West's Presidents (sic)


Other C17th law books


See Worrall, John, Bibliotheca legum: or A new and compleat list of all the common and statute law books of this realm, 7th edn. (London, 1749)


Bacon, Francis, The elements of the common lawes of England (XXXX, XXXX)

Glanville's Tractatus or Treatises (XXXX, ca. 1188)

  • Systematic codification of the legal process; introduced writs; a book of authority in English common law
  • For further information see wikipedia entry on - Glanvill's Tractatus

Keble, Joseph, Reports in the Court of King's-Bench at Westminster From the XIIth to the XXXth year of the raigne of our late sovereign lord King Charles II, vol. 2, 18th-23rd year (London, 1685)
de Malynes, Gerard, Consuedo, vel, Lex Mercatoria: or, The Law Merchant: Divided into three parts, according to the Essential Parts of Traffick Necessary for All Statesmen, Judges, Magistrates, Temporal and Civil Lawyers, Mint-Men, Merchants, Mariners and Others Negotiating in all Places of the World (London, 1622)

  • see Malynes' Lex Mercatoria is considered a "Book of Authority," describing the law as it was at the time of punlication in the field of merchant law
  • See wikipedia entry on - Gerard de Malynes


Registers


- Foster, J. (ed.), The register of admissions to Grays Inn, 1521-1889 (London, 1889) - Foster, J. (ed.), The register of admissions to Grays Inn, 1521-1889 (London, 1889)
- Cooke, W.H. (ed.), Students admitted to Inner Temple, 1571-1625 (London, 1868) . Cooke, W.H. (ed.), Students admitted to Inner Temple, 1571-1625 (London, 1868)
XXXX, Calendar of Inner Temple, 1603-1660 (XXXX, XXXX)
XXXX (ed.), Records of the honourable society of Lincolns Inn Black Book, 1586-1660, vol. 2 (London, 1898)