Curia Filipica (Spaniard text as origin of US Commercial laws), 17th C

for Yale University experts/jurists/alumns: Juan de Hevia Bolaños WAS the author of this relevant treatise for US :: no questions about this

Curia filipica by the Asturian Juan de Hevia Bolaños was for over two centuries the essential handbook for legal procedure in Spain and in its New World colonies. Since its first printing in Lima, Peru, in 1603, the Curia filipica (and)  enjoyed an extraordinary success, appearing in 40 different editions, until its final publication in Paris, 1864. 

Editions of the Curia filipica were present in virtually any collection of law books in Spain’s colonies. It was owned and consulted not only by lawyers and judges, but also by a wide range of local officials with legal responsibilities, including city officials, garrison commanders, priests, and merchants. It was one of the first law books present in modern-day Texas, listed in the 1800 will of a military chaplain in San Antonio, then a Spanish frontier outpost. It is cited in over a dozen early cases in Louisiana, Texas, and the U.S. Supreme Court, as an authoritative source on Spanish procedure.

The “second part” is another work by Hevia Bolaños that was originally published separately, Labyrintho de comercio terrestre y naval, which was for decades the only available work in print on Spanish commercial law. Begining in 1644 it was published as the second part of the Curia filipica.

Juan de Hevia Bolaños was born in Oviedo, Spain around 1570, and came to the New World in 1594, spending several years working as court official in Quito before moving to Lima. 

The Curia filipica - a Spaniard text- is an indispensible source for study of the early legal history of the U.S.

Contents and printing license for part 1 of Juan de Hevia Bolaños, Curia filipica, primera y segunda parte (Madrid, 1700).

The Gift of King Charles III of Spain...

... (to James Harris, later First Earl of Malmesbury)

Juan de Iriarte y Cisneros (1702-1771) was able to complete only one substantial volume of his bibliography of Greek manuscripts in the Spanish Royal Library in Madrid. When curator Bruce Swann decided to transfer the Classics Library’s copy of Regiae bibliothecae Matritensis codices Graeci mss. (Madrid, 1769) to the Rare Book & Manuscript Library, he noticed a Latin inscription on the fly-leaf (see image below).

Translated, the inscription reads:

James Harris
Salisbury, 1771
My son gave this scholarly catalogue of manuscripts to me as a gift upon his return following an absence of three years abroad. Moreover, Charles III, the Catholic king, a noted promoter and patron of the arts and literature, gave it to him while he was employed at the embassy in Madrid in 1771.

James Harris (1709-1780) was an important English scholar and politician, the author of a number of works on grammar, music and criticism, copies of which may be found in the Rare Book & Manuscript Library. He was a great acquaintance of Georg Frideric Handel, many of whose operatic manuscripts he came to possess. In 1760 he was elected member of parliament for Christchurch, Hampshire, he later served as a commissioner of the Admiralty and of the Treasury, and from 1774 was the secretary of Queen Charlotte.

                  

One of the younger Harris’s first postings was in Spain, where he was instrumental in averting a war over the Falkland Islands, and where he received this book as a gift from King Charles III. Young Harris recorded the following impressions of the Spanish monarch:

“He has a most clear head, comprehends with great alacrity, and answers with unparalleled accuracy. His heart, also, is excellent; the best of fathers and of masters, and although despotic, yet never a tyrant. … Such are his good qualities; his faults are, a false idea of the glory and power of his monarchy; a temper, when once irritated, irreconcileable; a bland submission to whatever happens, which, whether it is to himself or others, he calls the will of Providence; and such a determined attachment to his favourite amusement, the chace [i.e., hunting], as to make him slothful and negligent in his more important avocations” (Diaries and correspondence of James Harris, first Earl of Malmesbury. London, 1844, I, 50-51)

The younger Harris could be sure his father would be interested in this sumptuous catalog of Greek manuscripts. While in Spain, he also helped further his father’s researches in other ways:

“It having often been asserted, that an entire and complete copy of Livy was extant in the Escurial library, I requested my son in the year 1771, (he being at that timeminister plenipotentiary to the court of Madrid,) to inquire for me, what manuscripts of that author were there to be found” (The works of James Harris, Esq. London, 1841, p. 544).

Regiae bibliothecae Matritensis codices Graeci mss. (Q.A.481.75 M26r) may now be consulted in the Rare Book & Manuscript Library.