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

We’re hiring: Project Archivist, Justice Antonin Scalia Papers

Antonin Scalia, HLS Yearbook Photo, 1960The Harvard Law School Library seeks an experienced, collaborative, and service-oriented processing archivist for a one-year term beginning July 1, 2018. Reporting to the Curator of Modern Manuscripts within the Historical & Special Collections unit (HSC), the successful candidate will survey United States Supreme Court Justice Antonin Scalia’s collection of scholarly and professional work, develop a multi-year processing plan, and begin describing the collection in an Encoded Archival Description (EAD) finding aid.

More details–including duties, responsibilities, and qualifications and how to apply–available at our job posting.

Learn more about the donation of the Justice’s papers to the Library in our earlier post, Justice Scalia’s papers donated to HLS Library–what’s next?

About Historical & Special Collections: HSC is a small and energetic team within Harvard Law School Library engaged with all aspects of special collections work. Harvard Law School Library’s collection of historic legal materials is one of the largest in the world, and includes rare books, early manuscripts, visual materials, and modern manuscripts. As members of the Harvard Law School Library, team members contribute to the Law School’s mission by collecting and sharing our materials with the HLS community and with researchers worldwide. As active members of the large and thriving Harvard Library community, HSC staff collaborate with colleagues to share information, solve problems, and learn.

Photo credit: Justice Antonin Scalia’s HLS Year Book portrait, 1960. Justice Scalia graduated from the Harvard Law School in 1960. He worked at a large law firm, taught law at the University of Virginia, the University of Chicago, and Stanford; and held several administrative posts in the federal government. He served as a judge on the United States Court of Appeals, District of Columbia Circuit, before being appointed to the Supreme Court in 1986. The collection includes material relating to all of these activities.

852 Rare: Feud in Wiltshire

This is the third in a series of five blogs about Historical & Special Collections’ English Manor Rolls (1305-1770). HSC was honored to have Eleanor GoerssPforzheimer Fellow ’17, with us last summer to perform research on and enhance description of this internationally-important collection, including authoring these posts. Stay tuned for more of what you’ll find, often unexpectedly, in this collection.

 

Here’s what a fourteenth-century English feud looks like, pieced together from court manor records. Warning: it involves blood.

Great Wishford, Wiltshire, Folder 162, Membrane HH (June, 1374)

Great Wishford, Wiltshire, Folder 162, Membrane HH (June, 1374)

The first entry in the section of the roll pictured above says that Gonne Brighamton, “unjustly and against the peace, drew blood from Margaret Conperes” [Gonne Brighamton iniuste et contra pacem traxit sanguinem de Margareta] and was fined four pence for it. In the next entry Walter Conperes and his wife Margaret bring a complaint against Gonne Brighamton for trespassing, saying that “she assaulted the said Margaret, who was beaten and badly handled against the peace, to damages of 50 s.” Gonne was fined three pence.

But we quickly learn that Margaret was not exactly a passive victim. The next two entries say: first, Margaret drew blood from the Gonne, and second that Margaret was fined for trespassing against Gonne, beating her and handling her badly, also for damages of 50 shillings.

In other words, Margaret and Gonne settled their bloody fight in court, loudly letting everyone know about it while also paying out a total of fourteen pence to the lord. An out-of-court settlement would have been much cheaper; in fourteenth-century Wiltshire the going rate for a “license of concord,” or permission to let charges drop, was only two pence!

New website for Library Bicentennial Exhibit – Collections | Connections

The Harvard Law School Library is pleased to announce the launch of the companion website for its Bicentennial exhibit:

Exhibit logo

 

 

 

 

The website is arranged around the six themes of the exhibit: Keepers of MemoryPreserving Legal Heritage, Global Citizens, Promoting Justice, Supreme Court Clerks and Their Justices, and Library as Lab. It features items from the physical exhibit, as well as additional content from the Library’s collection of more than 2 million items.

Learn how the Library preserves the continuing story of the Harvard Law School community: faculty, students, alumni, and staff who are moved to question, prepared to reason, and called to act.

http://bit.ly/hls200exhibit

Explore (and watch!) the history of the Ames Moot Court Competition!

The Ames Moot Court competition has been around for over 100 years, and thanks to a lot of hard work from both HLS Library and HLS Communications staff you can now explore that 100+ year history online!

The Ames Moot Court Competition website contains a history of the competition, the judges who have participated over the decades, best oralist and best brief winners, and recordings of many of the competitions dating back to 1974. One of the most exciting outcomes of this project is exposing footage of U.S. Supreme Court justices speaking from the bench—something that we don’t normally have the privilege to experience unless we’re at the Supreme Court in person!

The video below features Deval Patrick (HLS ’82), the former Massachusetts governor who won best oralist that year (skip ahead to 1:23:40 in the video to see him speak!), and a young Howell Jackson (HLS ’82) when he was also a student here. Professor Jackson was on the opposing team, which won best overall brief. The judges that year were Hon. Henry J. Friendly (HLS ’27), U.S. Court of Appeals for The Second Circuit, whose papers are held by Historical & Special Collections; Hon. Patricia Wald, U.S. Court of Appeals for The District of Columbia Circuit; and Hon. Nathaniel Jones, U.S. Court of Appeals for The Sixth Circuit.

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.

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