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This thesis has been submitted in fulfilment of the requirements for a postgraduate degree (e.g. PhD, MPhil, DClinPsychol) at the University of Edinburgh. Please note the following terms and conditions of use: • This work is protected by copyright and other intellectual property rights, which are retained by the thesis author, unless otherwise stated. • A copy can be downloaded for personal non-commercial research or study, without prior permission or charge. • This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the author. • The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the author. • When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given. THE LIBRARY OF CHARLES ARESKINE (1680-1763): SCOTTISH LAWYERS AND BOOK COLLECTING, 1700-1760 Karen Grudzien Baston PhD The University of Edinburgh 2011 Abstract The thesis uses the study of an individual’s book collection to examine wider themes in eighteenth century Scottish legal, social, political, and intellectual history. Charles Areskine’s library was made up of the books he needed as an advocate and judge, the texts he wanted to use to better understand the law and its history, and the books he used to enhance his ability to participate in the intellectual milieu of early eighteenth century Britain. Charles Areskine of Alva, Lord Tinwald (1680-1763) was an important Scottish lawyer and judge. Following a legal education in the Netherlands, he became an advocate and was called to the Bar in 1711. Areskine’s legal career was very successful and he attained high positions in the Scottish legal establishment becoming Lord Advocate (1737-1742) and Lord Justice Clerk (1748-1763). He was appointed to the bench as Lord Tinwald in1744. He served in parliament and developed his country estates at Tinwald in Dumfriesshire and at Alva in Clackmannanshire. Areskine is an interesting figure in the early Scottish Enlightenment not least because he began his career not in legal but in academic circles. He was a regent at the University of Edinburgh when he was barely out of his teens and from 1707 to 1734 he was the first Professor of the Law of Nature and Nations at Edinburgh. Areskine was also a traveller, a client of the earl of Ilay, a friend to philosophers, a patron of the arts, and a book collector. A manuscript which lists of the contents of Areskine’s library survives in the National Library of Scotland as NLS MS 3283. ‘Catalogŭs Librorŭm D. Dni. Caroli Areskine de Barjarg, Regiarŭm Causarum Procŭratoris. 1731’ lists 1290 titles divided into books on legal topics, which are not given any specific headings, and ‘Libri Miscellanei’. Although it is clearly dated as 1731, the manuscript was continuously added to and acted as a library catalogue throughout Areskine’s life. The list provides important evidence about Areskine’s participation in the legal, intellectual, and cultural concerns of the early Scottish Enlightenment. Areskine’s law books provide evidence for his scholarly interest in the history of law while showing the types of books lawyers turned to in order to fashion their arguments in the courts. His ‘miscellaneous’ books demonstrate his engagement with the wider cultural concerns of the first half of the eighteenth century. The books that eighteenth century Scottish lawyers owned provide evidence for their interests and influence. Areskine was not unique: his book collecting was part of a wider tradition among Scottish lawyers. Areskine’s legally educated patron, Archibald Campbell, had one of the largest private libraries in Britain and his colleagues on the Bench, Lord Arniston and Lord Hailes, created collections which they stored in specially built rooms in their houses. Because so many of them survive in the Alva Collections of the Advocates Library and the National Library of Scotland, it has been possible to examine Areskine’s books for clues about who owned them before he did and what happened to them after his death. Several inscriptions and bookplates survive in the Alva books which give evidence for a lively book market which was centred on the Scottish legal community. Advocates bought and sold many of their books at auctions. This study shows that books on topics of interest to Scottish lawyers changed hands and stayed in use for decades. 2 Declaration I, Karen Grudzien Baston, hereby certify that this thesis, which is approximately 97,340 words in length, has been written by me, that it is a record of work carried out by me, and that it has not been submitted in any previous application for a higher degree. Signature Date 3 Acknowledgements This thesis was made possible by Professor John W. Cairns and Dr Brian Hillyard who identified the topic and arranged for it to be the basis of an application to the Arts and Humanities Research Council for collaborative funding. It has been a pleasure to work with them and with Dr Paul du Plessis as my supervisors for the past three years. Their knowledge has greatly enhanced this thesis. I am grateful for their intellectual and moral support and for the care and attention they have given both me and the thesis. It has been an unforgettable and valuable experience and I hope to have the privilege of working with all of them again in future. I am grateful to the Rare Books staff at the National Library of Scotland, especially Robert Betteridge and George Stanley, for their help with the Alva Collection books in their care. I am also grateful for the assistance of National Library’s reading room staff for their professionalism and courtesy. I am grateful to the Advocates Library’s Senior Librarian Andrea Longson who allowed me to have special access to the collections in her care. I am also grateful to Mungo Bovey, QC, the Keeper of the Library, for allowing me access to the Alva Collection and to Alan Dewar, QC, the Treasurer of the Faculty of Advocates, for allowing access to his office which is where the Alva Collection is shelved today. Special mention and thanks must also go to Angela Schofield and Rosemary Paterson who went above and beyond (for some of the books quite literally!) to supply the Alva materials. I am grateful to the archivist at Dollar Academy, Janet Carolan, and to Ian Murray of Clackmannanshire Archives for their help in piecing together aspects of Areskine’s Alva legacy. I owe thanks to those who attended my presentations in Aberdeen (Civil Law Centre Conference, Eighteenth Century Scottish Studies Society Conference), Cambridge (Cambridge Legal History Colloquium), Edinburgh (Edinburgh Legal History Discussion Group, National Library of Scotland, Scottish History Seminar), and London (Birkbeck Early Modern Society) throughout the course of the thesis and offered comments, suggestions, and enthusiasm for the project. Thanks also to the Postgraduate Research Committee at the Edinburgh School of Law for opportunities to share my research with the School and for valuable feedback. I also owe thanks to Lewis Baston, Amy Dalrymple, Artemis Gause, Mark Godfrey, Matthew Happold, Michael Hunter, Ross Macdonald, Rebecca MacLeod, Hector MacQueen, Sarah Mann, Alexander Murdoch, Hannah Nicholson, Kenneth Reid, Jill Robbie, Findlay Stark, and Adelyn Wilson for their various kindnesses, personal and academic. I must also thank the staff and volunteers at the Georgian House in Edinburgh, the staff at the Signet Library, and my friends in the Birkbeck Early Modern Society for their support, understanding, and empathy as I drafted this thesis. Special thanks go to James Hamilton who has provided intellectual support, acted as a sounding board, picked up the pieces in tough times, and has proofread, discussed, endured countless presentation practice sessions, and inspired this thesis every step of the way. This thesis could not have happened without his help and it is dedicated to him. Finally, I must recognise the support of the Arts and Humanities Research Council without which this thesis would not have been written. 4 Abbreviations Alva Coll. Alva Collection, Advocates Library AL Advocates Library (http://voyager.advocates.org.uk) BL British Library (http://www.bl.uk) BLLUC Berkeley Law Library, University of California (http://www.law.berkeley.edu/library.htm) BNF Bibliothèque Nationale de France (http://www.bnf.fr/fr/acc/x.accueil.html) BSB Bayerische Staatsbibliothek (http://opacplus.bsb-muenchen.de) COPAC Copac National, Academic, & Specialist Library Catalogue (http://www.copac.ac.uk) CUL Cambridge University Library (http://ul-newton.lib.cam.ac.uk) CUP Cambridge University Press EDIT16 Census of Italian 16th Century Editions (http://edit16.iccu.sbn.it/web_iccu/eimain.htm) ESTC English Short Title Catalogue (http://estc.bl.uk) EUL Edinburgh University Library (http://www.lib.ed.ac.uk/) EUP Edinburgh University Press Folger Folger Shakespeare Library (http://shakespeare.folger.edu/) FVB French vernacular books: books published in the French language before 1601 (Leiden: Brill, 2007) GAL Grizel Areskine’s Library Catalogue, 1729 (NLS MS 5161) GUL Glasgow University Library (http://www.lib.gla.ac.uk/) HBLL Harold B. Lee Library, Brigham Young University (http://www.lib.byu.edu) HL Houghton Library, Harvard University (http://hcl.harvard.edu/libraries/houghton) HMSO Her (or His) Majesty’s Stationery Office ISTC Incunabula Short Title Catalogue (http://www.bl.uk/catalogues/istc/index.html) LAS Lord
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