Historical & Special Collections • Et. Seq: The Harvard Law School Library Blog

852 Rare: How to Read a Manor Court Roll

This is the second in a series of five blogs about Historical & Special Collections’ English Manor Rolls (1305-1770). HSC was honored to have Eleanor Goerss, Pforzheimer Fellow ’17, with us last summer to perform research on and enhance description of this internationally-important collection, including authoring these posts. Future topics include what you’ll find, sometimes unexpectedly, in them.

Having resolved to attempt to decipher a medieval court roll, where do you begin? Well, at the top.

English Manor Rolls, 1283-1765. Folder 8. Moulton (Multone), Norfolk. Harvard Law School Library. Harvard University, Cambridge, MA.

The first line tells you where and when the court occurred, what type of court it is, and sometimes the name of the Lord. For instance, the top line of this roll in HSC’s collection reads: Multone Curia ibidem tenta die Sabbati proximam post festum de Corpore XPI Anno regni Regis Edwardi tercii a conquestum XXIX, which is: Moulton, court held on the Saturday after the feast of Corpus Christi, in the 29th year of the reign of Edward III. So this session occurred early in June of 1355. Calculating a date that makes sense to us requires having some reference resources on hand that tell us the years of Edward III’s reign and what the Christian feast dates were for that year. Here’s an online resource for that.

Just below the heading appears the names of those tenants who have “essoined” themselves. This means they have opted out of coming to court by paying a fee and designating proxies in their stead.

Then the proceedings of the session are listed. Here is an example of what an entry looks like:

English Manor Rolls, 1283-1765. Folder 8. Moulton (Multone), Norfolk. Harvard Law School Library. Harvard University, Cambridge, MA.

Item presentat quod Johannes Bateman fecit dampnum in frumento domini cum vi bobus [The jury presents that John Bateman did damage to the Lord’s grain with six oxen]…”

You might have noticed that the court scribes used a radically abbreviated mode of writing: frumento = frō and domini = dm̄. You will also notice that many entries begin with words such as, “The jury presents…” This “jury,” anywhere from ten to twenty-four men selected from the attendees of the court, both presented and decided the cases. Each fine (marked with an M for misericordia) is recorded in the left margin. In this case, the fine amounts to 2 s (pence) and 3 d (shillings).

If this seems a bit challenging, don’t panic! There are plenty of resources with which to tackle court rolls. Here’s one of our favorites:

Stuart, Denis. Manorial Records: An Introduction to Their Transcription and Translation. Chichester, Sussex: Phillimore, 1992.

Tenth Annual Morris L. Cohen Student Essay Competition

Interested in rare books, legal history or legal archives?

The Legal History and Rare Books (LH&RB) Section of the American Association of Law Libraries (AALL), in cooperation with Cengage Learning, announces the Tenth Annual Morris L. Cohen Student Essay Competition. The competition is named in honor of Morris L. Cohen, late Professor Emeritus of Law at Yale Law School.

The competition is designed to encourage scholarship and to acquaint students with the AALL and law librarianship, and is open to students currently enrolled in accredited graduate programs in library science, law, history, and related fields. Essays may be on any topic related to legal history, rare law books, or legal archives. The winner will receive a $500.00 prize from Cengage Learning and up to $1,000 for expenses to attend the AALL Annual Meeting.

Winning and runner-up entries will be invited to submit their entries to Unbound, the official journal of LH&RB. Past winning essays have gone on to be accepted by journals such as N.Y.U. Law Review, American Journal of Legal History, University of South Florida Law Review, William & Mary Journal of Women and the Law, Yale Journal of Law & the Humanities, and French Historical Review.

The entry form and instructions are available at the LH&RB website. Entries must be submitted by 11:59 p.m., April 16, 2018 (EDT).

852 RARE: Speak, Memory* – Law Student Study Aids, circa 1674

In our occasional series of posts about games in the HLS Library’s Historical & Special Collections, we’ve covered playing cards describing notorious trials and educational flash cards for students of civil law. With exams around the corner, it’s a good time to shine a light on mnemonic devices – centuries-old techniques that aid in learning and retaining information in memory.

We have a beautiful first edition of Johannes Buno’s (1617-1697) work, Memoriale Codicis Iustinianei (1674). It features elaborate fold-out engravings, each corresponding to one of the books in Justinian’s Codex. The Codex is part of the Corpus Juris Civilis, the codification of Roman law ordered early in the 6th century AD by Emperor Justinian I.

Johann Buno, Memoriale Codicis Justinianei (1674), p. 58. HOLLIS no. 4299003.

Johann Buno, Memoriale Codicis Justinianei (1674), p. 58. HOLLIS no. 4299003.

Buno, an educator and theologian, distilled this massive trove of Roman law into a brief 83-page study aid. Taken together, the summaries and the engravings helped students master the contents of the Codex by combining fables, images, and letters. Buno called this the “Emblematische Lehrmethode,” or “Emblematic Teaching Method.” Let’s give it a try.

Here is the engraving that helped students master Book 9 of the Codes, which covers criminal law and procedure.

Johann Buno, Memoriale Codicis Justinianei (1674), Engraving for Book 9, after p. 36. HOLLIS no. 4299003.

Johann Buno, Memoriale Codicis Justinianei (1674), Engraving for Book 9, after p. 36. HOLLIS no. 4299003.

A detail from Buno’s distillation of the text, Title 9.1, “Those who may not accuse,” (Qui accusare non possunt”) is shown here.

Johann Buno, Memoriale Codicis Justinianei (1674), Beginning text for Book 9.1, p.37. HOLLIS no. 4299003.

Johann Buno, Memoriale Codicis Justinianei (1674), Beginning text for Book 9.1, p.37. HOLLIS no. 4299003.

Presumably, a glance at the corresponding image in the upper left of the engraving, shown in detail here, would jog a student’s memory.

Johann Buno, Memoriale Codicis Justinianei (1674), Engraving for Book 9, detail, after p. 36. HOLLIS no. 4299003.

Johann Buno, Memoriale Codicis Justinianei (1674), Engraving for Book 9, detail, after p. 36. HOLLIS no. 4299003.

Or perhaps not. Things may have gotten lost in translation over time. At any rate, it is worth remembering that study aids for law students go back centuries, and that yesterday’s magnificently engraved book is today’s handwritten law student notebookelectronic casebook, or commercial outline. However you learn the law, good luck with your exams!

 

* with apologies to Vladimir Nabokov

 

 

 

 

 

NEW! HLS Library Bicentennial Exhibit Now On View

Collections | Connections  

Stories from the Harvard Law School Library

HLS Bicentennial Exhibit PosterThe Harvard Law School Library’s new exhibit celebrates HLS’s Bicentennial through the stories of some of the Library’s 2 million items and the people behind them. On view are historic photographs, striking rare books and early manuscripts, books published all over the world, fun glimpses of HLS Library history, and even an Awesome Box!

Collections | Connections documents the evolution of the Harvard Law School and its Library in response to the School’s evolving role in relation to society, legal education, and technology. Yet it is the people who make a place. Groups and individuals highlighted throughout this exhibit have cultivated the life and ethos of the Harvard Law School. Learn how the Library preserves this continuing story of the HLS community: faculty, students, alumni, and staff who are moved to question, prepared to reason, and called to act.

The exhibit is arranged around six themes: Keepers of Memory, Global Citizens, Promoting Justice, Supreme Court Clerks and their Justices, Library as Lab, and Preserving Legal Heritage. Curated by many members of the HLS Library, it is on view daily 9 to 5 in the Caspersen Room, fourth floor of Langdell Hall, through June 2018.

852 Rare: An Introduction to our English Manor Roll Collection

This is the first in a series of five blogs about Historical & Special Collections’ English Manor Rolls (1305-1770). HSC was honored to have Eleanor Goerss, Pforzheimer Fellow ’17, with us this summer to perform research on and enhance description of this internationally-important collection, including authoring these posts. Future topics include how to read the manor rolls and what you’ll find, sometimes unexpectedly, in them.

This summer, Harvard Law School Library’s Historical & Special Collections completed a multi-year project to conserve, digitize, and enhance metadata to our collection of manor rolls! Check out the newly updated finding aid, which includes links to digital content for the entire collection, plus corrected and enhanced information for each entry on each roll.

For those of you who aren’t longtime scholars of early English law, you’d be surprised at how much interest you might unknowingly have in the contents of a manor roll. So what follows is for you: the uninitiated but curious. We’ll explain what the finding aid is telling you, how to figure out what the text is about, and and muse on some fun visual treasures you might come across when using the collection.

The finding aid provides the name of the manor, county, type of roll, and date. Most are court rolls, but there are also documents related to manorial accounts, as well as charters, wills, and even a map.

 

Here’s a roll from a court session in 1517 at Haspley with Newbourne Manor in Suffolk. It is in box 8, folder 65 of HLSL’s collection. We chose to leave a margin around each shot so that the images show the irregularities of the rolls, staying as true as possible to the original material.

Here’s a roll from a court session in 1517 at Haspley with Newbourne Manor in Suffolk. It is in box 8, folder 65 of HLSL’s collection. We chose to leave a margin around each shot so that the images show the irregularities of the rolls, staying as true as possible to the original material. Head here for a zoom-able version!

 

The rolls give testimony for the realm of the medieval and early modern English manor court, a local court held by the Lord of a manor for his tenants. An English manor, a swath of territory held by a landlord, accommodated both free tenants who paid rent as well as unfree tenants (villeins) who occupied their land in return for their services to the lord. In medieval and early modern England, unfree tenants did not possess the right to file suit in royal courts, so the lord held his own court, usually in the hall of the manor house. The proceedings of each session were recorded on rolls. Despite the fact that these rolls provide only a terse listing of these court proceedings, a richer and richer picture of peasant life accumulates after reading through a few court sessions. The courtroom served as a space where the lord could control land transactions, but also where he might fine his tenants for damages to land and buildings, or for other infractions such as marrying without a license and milling grain at the wrong mill.

HSC’s collection contains records from a great deal of manors, each of which has its own way of holding court. Next time we’ll give tips on deciphering the rolls, but if you’re yearning to dig deeper now, here are some select resources on our court rolls and manor courts in general:

Professor Liz Kamali’s undergraduate thesis on Harvard’s rolls: Papp, Elizabeth Ann. “Moulton Manor and Its Court, 1306-1418: Crisis and Reaction in a Fourteenth-Century Manor.” 1997.

An introduction to the manor, its court, and historical methodologies: Razi, Zvi, and Richard Michael Smith. Medieval Society and the Manor Court. New York: Clarendon Press, 1996.

852 RARE: Open for Research: The Papers of Stanley S. Surrey

…I doubt that any person alive today has had as close and as varied a relationship with the Internal Revenue Code as I have had. – Surrey, Unpublished Memoir

Historical & Special Collections is pleased to announce the Stanley S. Surrey Papers are now open to researchers. The material dates from 1913 to 1981, and documents Surrey’s exceptional contributions to tax law both as a public servant and as a professor of law. Considered “a dean of the academic tax bar,”[1] Surrey contributed to the field of tax law in many ways. He served as the Assistant Secretary of the Treasury for Tax Policy during the Kennedy and Johnson Administrations, was an active member of many professional organizations including the American Law Institute, and was a Professor of Law at Harvard for thirty years.

Walter Surrey writing to his son, Stanley, on his appointment as Assistant Secretary of the Treasury. Surrey Papers, box 319, folder 5. Historical & Special Collections, Harvard Law School Library.

Early in his career, Surrey worked as an attorney for the National Recovery Administration (1933-35) and the National Labor Relations Board (1935-37). He then moved on to the U.S. Treasury Department where he worked on the Wartime Revenue Act. After a brief time in the U.S. Naval Reserve (1944-46), Surrey began to teach law at Berkley. It was during his time at Berkley that Surrey became the Chief Reported for the Income Tax Project conducted by the American Law Institute, a project that would last more than a decade. The Income Tax Project resulted in a number of publications addressing issues in the American tax code and have had a lasting influence on tax legislation.

There is a large number of correspondence, drafts, and handwritten notes documenting the American Law Institute Income Tax Project, the Income, Estate and Gift Tax Project and the second Income Tax Project, which Surrey advised on in the 1970s, in the collection. This material demonstrates how tax policy is developed and eventually becomes part of the tax code.

Surrey became a member of Harvard’s Faculty in 1950. As a faculty member he founded Harvard’s Program for International Taxation and served as director of the program from 1953 until 1961 when he was appointed as Assistant Secretary. He later came back to Harvard in 1969. A major portion of the Stanley Surrey Papers is devoted to his time as Assistant Secretary to the Treasury. Surrey kept correspondence, type-written notes, reports and memoranda from his time in the Treasury. He also kept meticulous notes of his daily routine at the Treasury in a professional journal. As Assistant Secretary he also coined the term Tax Expenditure, and was influential in defining the term later in a book co-authored with William C. Warren.

Draft page from “Pathways” on the definition of tax expenditures. Surrey Papers, box 416, folder 8. Historical & Special Collections, Harvard Law School Library.

All of Surrey’s various professional associations from his earliest career as an attorney to his time as the President of the National Tax Association (1979-80), and areas of interest are represented in Surrey’s personal reference files preserved in this collection. Surrey’s extensive personal reference files on issues of national and international taxation contain essays, documents, memoranda, newspaper clippings, notes, printed material, reports, testimony, and material sent to him from colleagues for Surrey’s reference in his function as professor, author, and consultant. This file is evidence of Surrey’s lifelong dedication to improving tax policy in every avenue of his career.

The Stanley S. Surrey Papers open to all researchers. Anyone interested in using the collection should contact Historical & Special Collections to schedule an appointment.

Posted on behalf of Rachel Parker by Edwin Moloy.

 

[1] “Stanley S. Surrey, 74; Taxation Law Expert”. New York Times. August 28, 1984.

Evidence in Ink

One of the pleasures of cataloging, especially of older books and manuscripts, is coming across unexpected traces of earlier times and lives. Scraps of an early manuscript liturgy or an almanac used in a binding; a series of former owners’ signatures vying for attention on a title page; enigmatic annotations in the margins; or even an eighteenth century butcher’s invoice used as a bookmark. All these are examples of evidence of the unique history contained in any single book or manuscript.

But a copy of at least one early canon law book in the collection—an exhaustive work on the Decretales of Pope Gregory IX printed in 1487-1488—bears evidence of a moment before it was even printed.  It also documents, perhaps, the momentary inattention of a worker in the busy Basel print shop of Johannes Amerbach.  Appearing at the bottom right corner of a page in part 1 is the unmistakable smudge of a fifteenth century ink ball.

Detail from part 1, leaf 2b3r of Niccolò,de’ Tudeschi’s Lectura super V libris Decretalium (Basel, Johannes Amerbach, 1488), copy 1 (Ad T256l 488 H12315), Harvard Law School Library.

In the era of hand-operated printing presses leather ink balls, stuffed with wool and attached to a handle, were used to evenly ink the plates prior to printing. It was hard, repetitive work.

By Jost Amman – “Eygentliche Beschreibung aller Stände auff Erden, hoher und nidriger, geistlicher und weltlicher, aller Künsten, Handwercken und Händeln …”, Public Domain, https://commons.wikimedia.org/w/index.php?curid=207246

Of course, having an ink ball come in contact with paper was not standard procedure. Surely it must have been noticed at some point in the printing process. Perhaps the paper was too costly to discard or the pressure to move the job along was too strong. But whatever the reason, we now have a visible reminder of hand press era technology and a moment of distraction almost 530 years ago.

Archiving Student Life: HLS Community Capture Project

This past semester, Historical & Special Collections (HSC) continued its efforts to collect material documenting student life at HLS. These efforts began in Spring 2016 and our commitment to the project has increased since then, thanks in large part to a Harvard Library S.T. Lee Innovation Grant. Student organizations are a vital part of the HLS community and we hope to capture and preserve as much as we can to help document the impact students have on HLS and support your work!

HSC currently holds only a few student organizations’ records, along with a variety of student organization newsletters and event flyers. In order to capture today’s campus activities, we need to think more broadly about collecting student-created material. Today, that broad mindset involves grappling with the vulnerability of digital material. Building relationships with both individuals and the organizations (that means you!) that create digital content is urgent if we hope to help preserve this material for the future.

Harvard Law School Women's History Month calendar, March 1994, HLS Ephemera Collection, box 4, folder 6

Women’s Law Association (WLA) Women’s History Month calendar, March 1994, HLS Ephemera Collection, Box 4, Folder 6

With funding made possible by the S.T. Lee Innovation Grants, Historical & Special Collections is investigating better methods for collecting born digital material from student organizations through the HLS Community Capture Project. A part-time project assistant started working with us in March of this year, which has enabled us to offer flexible meeting times with student organization leaders outside of the traditional 9 to 5. So far, we have talked to close to 30 student leaders about preserving student organization material and have created a LibGuide that brings together much of our existing student-created content. [Read More]

852 RARE: New Exhibit — Kids in the Collection: Prison, Work, and Play

Most of the material in Historical & Special Collections is rooted in the world of adults, but children do make appearances, sometimes in unexpected ways. There are traces of the childhood experiences in HLS faculty papers, school report cards, and letters sent home from camp.

A young Paul Freund wearing a baker’s costume, 1911
Photograph postcard, 13.7 x 8.7 cm
Paul Freund Visual Materials, ca. 1911-1988
Record ID: olvwork368707

Not all is light-hearted, however, as seen in grim broadsides detailing violent crimes where children were the victims; sobering reports of the inner workings of a Massachusetts reform school; and images of toddlers raised in prison by their incarcerated mothers in nineteenth century England. Also showcased is some of the work undertaken by HLS students and faculty on behalf of children and families in Massachusetts and across the United States. The exhibit draws on a variety of media: manuscript collections, printed works, photographs, and children’s art work, dating from the late-eighteenth century through the twentieth century.

Image from The criminal prisons of London and scenes of prison life, by Henry Mayhew and John Binny (London, 1862)

This exhibit was curated by Jane Kelly and Mary Person of Historical & Special Collections. It will be on view in the Caspersen Room from April through July 2017 with online addenda at bit.ly/HSCexhibit.

852 RARE: Learned Hand’s Tailor

Billings Learned Hand (1872-1961): Distinguished alumnus of Harvard College and Harvard Law School. Chief Judge on the Second Circuit Court of Appeals. One of the twentieth century’s most noted jurists …

… and a secret fashionista.

The Harvard Law School Library’s Historical & Special Collections has the papers of Judge Hand. One of our most heavily used collections, it contains a trove of information about law, lawyers, and life in its hundreds of boxes encompassing some 120 feet of material. You might expect to encounter correspondence from famous lawyers, judges, and politicians; legal opinions; and records of Judge Hand’s professional and social activities: it’s all there. But tucked away in Box 57 are three folders of correspondence between him and the staff of Alfred Webb Miles, custom tailors doing business at 12 Brook Street near Savile Row and Hanover Square in the heart of London.

Alfred Webb Miles Trade Card

Alfred Webb Miles & Co. Trade and Measurements Card, Learned Hand Papers, HOLLIS 601605, Box 57, folder 39.

Folder 39 reveals an engaged correspondence from a man who took his tailoring seriously. In these days of fast fashion and online shopping delivered overnight, it’s instructive to learn how men of a particular professional and social class bought their clothes. In response to a 1934 request from Judge Hand, Alfred Webb Miles sent a booklet of styles and several fabric swatches suitable for “light summer woolen suits.”

AWM Fashion Book

Alfred Webb Miles Fashion Book (undated; ca. 1934)

Judge Hand circled model number 2, a straight, single-breasted style, and marked three swatches as his choices number 1, 2, and 3.

AWM Suit Selections

Alfred Webb Miles Suit Selections (ca. 1934)

His chosen fabric is a fine black and white weave with a dashing streak of electric blue running through it:

Fabric Swatch

Learned Hand’s number 1 fabric choice (ca. 1934)

When placing his order in a letter dated May 21, 1934, the 62-year-old judge had, shall we say, a few requests: “The trousers are to be made with cuffs, a straight back, two hip pockets and a small front pocket on the right side of the band; suspender buttons on the outside, but loops for a belt. In the jacket, a ticket pocket inside the right hand side pocket, and two inside breast pockets, as well as one outside.”

Initial Order

Learned Hand’s Initial Order to Alfred Webb Miles & Co., May 21, 1934

Invoice

Alfred Webb Miles Invoice to Learned Hand, June 15, 1934

Sadly, the relationship soured soon thereafter. Hand wrote in a letter dated 1935 (not shown) that a recent suit had arrived with the chest and armholes cut too tightly. He directed the tailors to take note of his measurements on file and cut the next suit jacket with more room.

It was not to be. In a letter dated June 1, 1936, Judge Hand ended his 25-year relationship with Alfred Webb Miles & Co.: “… I particularly asked you this time to give me more room under the arms and to make the coat larger around the chest. Your cutter has apparently paid no attention whatever to these instructions. … There is of course no inducement to have any more made if my orders cannot be better observed.”

Complaint Letter

Letter of complaint from Learned Hand to Alfred Webb Miles & Co., June 1, 1936

While the parties exchanged a couple more cordial letters, it appears that Judge Hand never bought another suit from Alfred Webb Miles & Co. Other folders in the collection show that he did business with London tailors Meyer & Mortimer from 1925-1938, and again from 1941-1951.

This is the fun of archival research: you never know what the next unexpected detour will be. We hope you visit Historical & Special Collections or another archive, and see what hidden treasures you discover!

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