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2 Legal Miscellanea 1 (2005)

handle is hein.journals/legmisca2 and id is 1 raw text is: A            LEGA                              L        OF THE JACOBBuRNs LAW LIBRARY
MI SCE,, ELLANEA
VOLUE ,     r-1uI--NUMBR-n D1 oSPR ,i 200
SPECIJALTE                                                      AMA-CACTONO
FOCUS .NELW
AT0                   S                 Scott B. Pagel, Director of the Law Library and Professor of Law
he Jacob Burns Law Library has developed an exceptional collection
The American Museum (1787-1792)                     of works on the turbulent history of church-state relations, a superb
resource for scholars exploring the controversial bonds and power
,, Une of the Law Library's liveliest and           struggles between secular and religious institutions. While the library
most intellectually invigorating acqui-    has acquired materials from several countries, focused acquisition efforts
sitions is the entire run in twelve volumes of  have produced a strong and varied collection reflecting the compelling histo-
Mathew Carey's The American Museum, Or        ry of relations between church and state in France.
Repository of Ancient and Modern Fugitive        Perhaps the most significant document in the history of relations between  c ,co  ,: -H
Pieces, Prose and Poetical [Philadelphia, 1787-  France and the Catholic Church is the Pragmatic Sanction of Charles VII  t;  ii: ¢> : (
17921. Less familiar to modern readers than   (also known as the Pragmatic Sanction of Bourges). Issued in July, 1438, this  TtepgL rgf
it might be, The American Museum is consid-   decree adopted the controversial declarations of the Council of Basel, which  Sanction en Franco)s
ered the first literary journal in America, and  limited the powers of the Pope and granted new powers to the King and cler- (1508). Gift of Ridha
the leading magazine of the founding era.     gy of France, including a major role in bestowing benefices and church offices. & Diane Cummins.
Its appeal for 2 1st-century legal scholars   Although the decree later was annulled by the Concordat of 1516 between Francis I and Pope Ie
is that in its pages first appeared The Federalist,  it is considered a major event in the development of Gallicanism and the French struggle for ind
as well as an assortment of federal govern-   pendence from the Catholic Church vis-a-vis its internal affairs.
ment documents. Among its many eminent           Through the generosity of two of the library's best friends, Richard and Diane Cummins, the
contributors and subscribers were George      Law Library recently acquired a very rare book symbolic of this struggle for power. Printed in Ia
WashnoronBenaminFrakli, Jmesin 1508, La Pragmatique Sanction en Francoys is a treasure both for its content and its physicalc
0 acteristics. The title page (above) is a masterpiece of late medieval printing which exemplifies fh
MaioAedr    HaitnadToa
Maine andefersonmiot onadpeoasi  design often found in hand-drawn manuscripts and rubricated printed works of the 1400s. Its
Pine. Toagefes, rtonotny e edi n  colophon identifies the book as the presswork of Gaspard Philippe, and a handsome engraving
its age, bt owed he ntir seies Inthe final leaf indicates that it was published by Martin Alexandre. The text of the Pragmatic
1787 pulictio byTheAmeica Mueum   Sanction is printed in the center of each page with a gloss or commentary fitted around it. Wh!
of the U.S. Constitution marked an early      the text of the Sanction is brief, and available from many sources, it is the commentary that mak,
print debut of this document.                 this work so important as a contemporary interpretation of the decree and a window to the tho
How did this innovative publication come   and analysis of that era. Printing the document and commentary in French (en Francoys) rath
to lip? Tts creator, Mathew ATCanrey (1 761839, ),  h aI nelcsadeeaeefort o mke-heextaccssile o1tecmmoIma       .Anwhe
FtBnai Faki'   Frs     FnPss.Ffe
retunin to relnd ad fcinglibl chrgF
spakedbyhisvocl ntiEnlis stnc, CrF
set ail or meria, herehis irs cretiF

wasvivin into the mid-2th century in the U.S. and                                            Treasury and the sitting Vice-President. Duels in
France. It is seen today in stylized derivatives such  Europe were fought mostly by royals and noble-
Lafayette's gift of $400 financed Carey's fledg-
as fencing and Jousting. At first duelling was a  men. But one recorded duel in late medieval
ling printing venture, and The Pennsylvania                       D
legal means of resolving disputes between inivid-  France could be the most extraordinary: that
F  uls thejdical ue),Evovi  fom hejudI-  between a nobleman and a dopc (visit our exhibit

ontinued on

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