J. 35
Not in the Manuscript Catalogue.
1815 Catalogue, page 90. no. 14, Justinian’s Institutes, Lat. Eng. with notes, by Cooper, 8vo.
JUSTINIAN.--COOPER,
Thomas.
The Institutes of Justinian. With notes by Thomas Cooper, Esq. Professor of Chemistry at Carlisle College, Pennsylvania.
Philadelphia: Printed for
P. Byrne,
1812.
Law 47
First Edition. 8vo. 366 leaves collating in fours; engraved table,
Latin and
English text in parallel columns in roman and italic letter respectively; publisher’s advertisement on the last leaf. Preface signed
Thomas Cooper and dated September 30th, 1812.
Not in Sabin.
Marvin, page 432.
Old sheep, y.e. Initialled by Jefferson at sig. I and T. With the Library of Congress 1815 bookplate. On the title-page the author’s autograph inscription:
M
r Cooper to M
r Jefferson
.
Presentation copy from the author. On July 25, 1812, Cooper wrote from Carlisle to Jefferson: “. . . When my edition of Justinian’s Institutes is out, which will be in about three months, I will beg your acceptance of
a copy. I have already printed the text and translation amounting to 400 pages, and 150 pages of notes. Having had the misfortune
of losing by fire great part of my collections for notes, I am obliged to use the intervals of my leisure here, to compose
as fast as I can for the Printer, who keeps even daily pace with me. But hurried as I am (lecturing also thrice a week) I
shall not scruple to risk the publication. I expect the additional notes, preface and index will occupy about 150 pages more,
making a volume of 700 pages. I have preferred correcting the diffuse and awkward translation of Harris, to composing entirely
a new one, and I have aimed at the difficult task of keeping the translation within bounds of space not much exceeding the
original . . .”
Eighteen months later, on January 16, 1814, Jefferson wrote to Cooper: “
. . . your Justinian came safely also, and I have been constantly meaning to acknolege it, but I wished at the same time to
say something more. I posessed Theophilus’s, Vinnius’s and Harris’s editions; but read over your notes, and the Addenda et
Corrigenda, and especially the parallels with the English law, with great satisfaction and edification. your edition will
be very useful to our lawyers, some of whom will need the translation as well as the Notes . . .
”
On May 20, 1817, Dr. John Manners of Flemington, New Jersey, wrote to Jefferson a long letter on legal matters, and made reference
to this book: “. . . Judge Peters contends that the federal courts are invested with common law jurisdiction. Of the latter opinion is my
father-in-law Judge Cooper, under whose direction my legal studies were conducted, & to whom I am indebted for whatever talents,
as a lawyer, I may be thought to possess, as expressed in his edition of
Justinian (p 415), altho he seems to have expressed a different opinion in Cooper’s Bankrupt Law (p 230 & 283) . . .”
Jefferson replied to this letter from Monticello on June 12 and, in reference to this part of Manners’ letter, wrote: “
. . . I have turned to the passage you refer to in Judge Cooper’s Justinian, and should suppose the general expressions there
used would admit of modification conformable to this doctrine. it would alarm me indeed, in any case, to find myself entertaining
an opinion different from that of a judgment so accurately organised as his. but I am quite persuaded that whenever Judge
Cooper shall be led to consider that question simply and nakedly, it is so much within his course of thinking, as liberal
as logical, that, rejecting all blind and undefined obligation, he will hold to the positive and explicit precepts of the
law alone . . .
”
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