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CATALOGUE 37
W
INTER 2000

ANTIQUARIAN
& SCHOLARLY LAW

“The Most Important Edition” Ter Meulen

101. Grotius, Hugo. De jure belli ac pacis libri tres. Editio secunda emendatior, & multis locis auctior. Amsterdam: Guilielmum Blaeuw, 1631. [46] pp. Folio. With printer’s device on title page. Contemporary leather, with spine label. Gilt spine and double gilt fillets on the covers. Rebacked, retaining original gilt stamped spine with raised bands in seven compartments. Somewhat rubbed and bumped. A very desireable and attractive copy. $2,500.
* Third edition. “The most important of the five editions” Ter Meulen-D.567. This memorable treatise on the law of war and peace earned Hugo Grotius the designation “father of international law.” The two principal topics treated by Grotius in his famous treatise are the legal obligations of human societies, including those that have sovereign power, and the procedure for enforcing such duties and punishing violations of law.

Biography of Grotius Published in 1754

102. [Grotius, Hugo]. [Jean L.] de Burigny. Vie de Grotius, avec l’histoire de ses ouvrages, et des negociations auxquelles il fut employe. Amsterdam: Chez Marc Michel Rey, 1754. Two volumes in one. 12mo. [12], 287; [4], 296 pp. Contemporary half-calf over marbled boards. Title-page printed red and black with engraving. Worn, spine chipped with loss to tail and upper portion. Internally quite good. $250.
* First edition. An early biography of Grotius, which includes a bibliography of his works. Indexed.

First History of English Criminal Law

103. Hale, Sir Matthew [1609-76]. Historia Placitorum Coronae. The History of the Pleas of the Crown. Edited by Sollem Emlyn. Revised and Corrected by George Wilson. Dublin: Printed for E. Lynch, 1778. Two volumes. [10], xix, [10], 729; [8], 414, [173] pp. Contemporary calf, leather labels. Joints cracked, but secure, heads & tails of spines chipped, split in center of one spine. An internally fine, attractive set. $650.
* Second edition, Dublin imprint. Hale’s History of the Pleas of the Crown was the first attempt at a history of English criminal law. Although Hale had planned to write this work in three books, only the first book was completed before his death. The subject matter covered in this first part were the capital offenses - treasons and felonies. “But it was left in the most perfect state of any of his works... a large part of it had received the author’s final revision...It was edited with some care by Sollom Emlyn...This book, so far as it extends, gives a complete presentment of this branch of the law, both in its development and in its condition at Hale’s own time...” Marke 450. “It is not only of the highest authority, but shows a depth of thought and a comprehensiveness of design which puts it in quite a different category from Coke’s Institutes.” Winfield, Chief Sources 327-8). HLC I:846. S&M I:362(36).

A Beautiful Set

104. Hallam, Henry [1777-1859]. The Constitutional History of England From the Accession of Henry VII. to The Death of George II. London: John Murray, 1854. Three volumes. xvi, 419; viii, 465; vii, 457 pp. Full contemporary tree calf, spine extra-gilt, marbled edges and endpapers, leaf and floral gilt borders on front and rear covers. Expertly rehinged, spines laid down. A most attractive set in a beautiful contemporary binding. $450.
* Seventh edition. “[N]o one has made any sensible advance towards the enviable character of a sound constitutional lawyer, who is not thoroughly familiar with [this] work.” Marvin 362. Long the standard work on the subject, and only surpassed one hundred years after its initial publication. Marke 365. HLC I:854.

Attack on the Administration of the National Debt

105. Hamilton, Robert [1743-1829]. An Inquiry Concerning the Rise and Progress, the Redemption and Present State, and the Management, of the National Debt of Great Britain and Ireland. Edinburgh: Printed for Oliphant, Waugh, and Innes, 1818. viii, 340 pp. Contemporary half-calf over marbled boards. Head of spine missing, joints starting, some damage to upper corners of most leaves, extremities worn. A sound copy. $175.
* Third edition. “This book commanded attention from its bold attacks on prevailing views of national finance, as well as from its philosophic tone. ‘This important work,’ says McCulloch, ‘opened the eyes of the public to the delusive nature of the sinking fund.’ In it there is much sound reasoning as to principles combined with a great body of well-marshalled historical and statistical facts.” DNB VIII:1091. Kress C.82.

Thorough Early Treatise on Discovery

106. Hare, Thomas. [1806-1891]. A Treatise on Discovery of Evidence, by Bill and Answer, in Equity. New York: John S. Voorhies, 1849. xxxiii, 316 pp. Full contemporary leather, red leather lettering piece, black leather ownership label. A few chips with minor loss to covers. Early owner’s sig. to first flyleaf. Exterior pages foxed, but majority very crisp and clean. Very good. $350.
* Second American, from the Last London edition, with notes and references to American authorities, by Robert S. Rowley. Marvin praises it’s completeness: “It professes to be a complete Treatise upon Discovery; it comprises almost all the authorities upon the subject, with accurate investigations into mnay practical points. It is a work to which the practitioner may refer with every prospect of finding a perfect explanation of any diffculties which he may have encountered. Indeed, it has still higher merits. It is not merely practical, but in many parts extremely scientific.” Marvin, Legal Bibliography (1847) 368. Cohen, Bibliography of Early American Law 5076. Catalogue of the Library of the Law School of Harvard University (1909) I:872 (citing 1st Am. ed.)

A Handsome Set of Hargrave’s English Trials

107. Hargrave, Francis [1741-1821]. A Complete Collection of State Trials, and Proceedings for High Treason, and other Crimes and Misdemeanors. London: T. Wright [and others], 1776-1781. Eleven volumes bound in six. Large folio. Modern quarter-morocco. An exceptional set. $2,500.
* Fourth edition. The first edition was published in four volumes in 1719. The idea of publishing a comprehensive collection of state trials was originally conceived by John Darby in the early eighteenth century. This edition was edited by Francis Hargrave, and is more highly esteemed than all preceding editions on account of Hargrave’s additions to the text. According to Holdsworth, “[t]his series of state trials, as they left it, is an invaluable collection of nearly all the important criminal trials and constitutional cases, and of some important civil cases, which have some bearing upon the public law.” Holdsworth HEL XII:130. S&M I:369(8). Marvin 660-661. Marke 1030.

Complete Proceedings of Hastings’ Lengthy Trial

108. [Hastings, Warren] [1732-1818]. India Courier Extraordinary. Proceedings of Parliament Relating to Warren Hastings, Esq. Containing Mr. Burke’s Charges, and Mr. Hasting’s Defence. [With] Appendix to the India Courier Extraordinary. Containing Copies of All the Papers Laid before the Honourable the House of Commons, by Mr. Morton, from the United Company of Merchants of England Trading to the East Indies Relative to Warren Hastings, Esq. Late Governor General of Bengal, &c. [With] Index to the First Six Volumes of the Parliamentary Proceedings Relative to Warren Hastings, Esq. Late Governor General of Bengal. [N.p.]: [India Courier Extraordinary], 1786-7. Ten volumes (including six appendix volumes) bound in four. Folio. Modern cloth. Some foxing and occasional dampstaining, otherwise a good, solid set. $1,000.
* Charged with high crimes and misdemeanors upon his return from India, where he served as the Britain first governor-general, Hastings trial lasted seven years before he was acquitted.

Hastings’ Defense

109. [Hastings, Warren]. The Defence of Warren Hastings, Esq. (Late Governor General of Bengal) At the Bar of the House of Commons, Upon the Matter of the Several Charges of High Crimes and Misdemeanors, Presented against Him in the Year 1786. London: Printed for John Stockdale, 1786. 282 pp. Contemporary mottled half-calf over marbled boards. Title-page foxed, head of spine chipped, boards and extremities rubbed. Still a most appealing copy. $300.
* Later edition (called “A New Edition” on title-page). HLC I:890 & II:1095. Hastings’ defense in the trial that shook the civilized world.

Mandated by Thomas Jefferson

110. Hening, William Waller. The Statutes at Large; being A Collection of all the Laws of Virginia, from the First Session of the Legislature, in the year 1619; Published pursuant to an Act of the General Assembly of Virginia, Passed on the Fifth Day of February One Thousand Eight Hundred and Eight. New York: Printed for the Editor, by R.& W.& G. Bartow, 1823 and others. Thirteen volumes. Original full calf, worn, with original gilt decorated red and green spine labels, most intact. Four volumes lacking lower labels, vol. VII lacking upper label. Six volumes hinges cracked but holding. Ex-library, with bookplates on front pastedowns. Volume II small hole to bottom margin of one leaf, not affecting text, Volume VI tiny hole in outer margin, not affecting text. As noted in Tower, we find for the most part that “The Certificate &c., is usually pasted on the back of the title page.” A very desirable set. $3,500.
* Second edition (best edition according to Tower) volumes I-IV, first edition remaining volumes. Uncommon complete set, in their original bindings. In the preface of volume I it notes that only 350 of the first four volumes were printed, and 500 of the later volumes, thus vols. I-IV went to second edition with the completion of vol. XIII in 1823. These volumes represent the legislation and political history of Virginia from 1619 to 1792, as they include the laws and official papers from the first session of the state’s colonial Assembly in 1619 through 1792. Authorized by the Virginia legislature and mandated by Thomas Jefferson, who first collected and provided many of the documents to Hening. Sowerby describes the publishing process and Jefferson’s involvement, concluding with the promotional letter Jefferson provided Hening to aid Hening’s efforts to increase his subscription, “...The opinion I entertain of the importance of the work may be justly inferred from the trouble & expense I incurred during the earliest part of my life, to save such remains of our antient laws as were then still in existence. The compilation appears to be correctly & judiciously made, and gives us exactly what I had so long considered as a desideratum for our country. It sheds a new light on our early history, and furnishes additional security to the tenure of our rights & property.” Sowerby, Catalogue of the Library of Thomas Jefferson II:255-261. DAB. See Bryson, A Bibliography of Virginia Legal History Before 1900 518, for bibliographic details. HLC I: 911. Sabin 31339. Tower, The Charlemagne Tower Collection of Colonial Laws, 263.

“The White Slave”

111. Hildreth, R. [Editor]. The White Slave: or, Memoirs of a Fugitive. A Story of Life in Virginia. With Eight Engravings. London: Ingram, Cooke, & Co., 1852. [8], 302 pp. Frontispiece. Original decorative blindstamped brown cloth with a gilt stamped spine. Lightly worn and soiled. $200.
* First illustrated British edition. Eight plates by Charles Keene, called “the English Daumier” by Gordon Ray.

First Edition of Holmes’ The Common Law

112. Holmes, Oliver Wendell, Jr. [1841-1935]. The Common Law. Boston: Little, Brown, and Company, 1881. [i]-xvi, 422 pp. Original maroon cloth. Head and tail of spine slightly chipped. Signature on title-page. Spine faded. Front hinge just starting. Bookseller’s ticket on rear pastedown. A nice copy. $1,500.
* First edition. In 1880 Holmes was a lecturer on common law at the Lowell Institute in Boston. His lectures, collected as The Common Law (1881), became internationally renowned and was published in several languages. It is a classic account of some of the great formative ideas of English law by perhaps the greatest intellect in the history of the English speaking judiciary. “This brilliant exposition, as effective on English scholarship and legal thinking as on American, of the true nature of law both as a development from the past and an organism of the present, blew fresh air into lawyer’s minds encrusted with Blackstone and Kent.” As an associate U.S. Supreme Court Justice appointed by Roosevelt, Holmes became famous for his liberal interpretations of the U.S. Constitution and was known as the “Great Dissenter” because of his disagreement with the views of his colleagues on the Court. He was later supported in his minority opinions by Justice Louis D. Brandeis. Grolier Club Exhibition, One Hundred Influential American Books 84. Marke 911. Winfield, Chief Sources 38. HLC I:945.

Rare First German Edition of The Common Law

113. Holmes, O.W. Jr. Das gemeine Recht Englands und Nordamerikas (The Common Law) in elf Abhandlungen dargestellt von Dr. O.W. Holmes Jr. Mitglied des obersten Gerichshofes der Vereinigten Staaten in Washington. Leipzig: Verlag von Duncker & Humblot, 1912. xix, 423pp. Original three quarter gilt stamped cloth, marbled boards and edges, very lightly worn. Bookplate on inside front pastedown. A very nice and attractive copy. $1,200.
* First German edition. The title page also indicates in German that this work was translated with permission of the author by Dr. Rudolph Leonhard, Professor of the University of Breslau and Doctor of laws of Columbia University in New York.

English Admiralty Cases

114. Holt, William. Admiralty Court Cases on the Rule of the Road. London: William Maxwell, 1867. Newly rebound in quarter calf over cloth boards. A very good copy. $250.
* First edition.

Lord Kames’ Popular Essays on Law and Other Matters

115. [Home, Henry, Lord Kames]. Essays Upon Several Subjects Concerning British Antiquities...With an Appendix, upon Hereditary and Indefeasible Right. Edinburgh: Printed for A. Kincaid and J. Bell, 1763. [2], 216 pp. Contemporary calf. Binding rubbed and faded. Front hinge cracked but holding. Spine torn at head. $450.
* Third edition. Lord Kames [1666-1782] achieved fame not only as a writer on law, but on history, criticism and morals. HLC I:1075. Walker 578.

Theology Meets Legal Philosophy for the First Time

116. Hooker, Richard. [1553-1600] The Ecclesiastical Polity and Other Works of Richard Hooker: with His Life by Izaak Walton, and Strype’s Interpolations: To Which Are Now First Added, The “Christian Letter” To Mr. Hooker; And Dr. Covel’s “Just & Temperate Defence” In Reply To It; Accompanied By An Introduction, A Life of Thomas Cartwright, B.D. and Numerous Notes, by Benjamin Hanbury. Three volumes. London: Holdsworth and Ball, 1830. Portrait frontispiece. Contemporary three-quarter calf over marbled boards, scuffed and lightly rubbed. Some foxing. A very handsome set. $450.
* Hooker’s Ecclesiastical Polity was an exploration of the theological foundation of legal philosophy. “Taken as a whole his theory is the first philosophical statement of the principles which have subsequently regulated political progress in England. He asserted the royal supremacy in religion and identified church and commonwealth as different aspects of the same government.” Walker 581.

Scottish Justice of the Peace Manual, 1815

117. Hutcheson, Gilbert. Treatise on the Offices of Justice of Peace; Constable; Commissioner under Comprehending Acts, in Scotland... Edinburgh: Printed for Peter Hill, 1815. Four volumes. [2], v, [2], xv, 502; [2], v, xiii, 604, [1]; [2], iii, xviii, 386, cxix, [1]; xxiii, 385, 71, 155, [1] pp. Bound in preceeding the title-page of each volume is an identical 4 pp. list of law books “Sold by Thomas Clark, Law Bookseller.” Contemporary full polished calf, raised bands, red leather spine label. Front cover of volume one detached, front joints of volumes two to four cracked, but secure, some rubbbing. $250.
* Third edition. HLC I:976. Marvin 407

William Plumer’s copy

118. Jacob, Giles. [1686-1744]. A New Law-Dictionary: Containing, The Interpretation and Definition of Words and Terms Used in the Law...[London]: Printed by E. and R. Nutt, and R. Gosling for J. and J. Knapton, D. Midwinter [et al.], 1732. Folio. [398] fol. [A]-[Ggggg4],[Hhhhh2]. Later three quarter calf. Raised bands, gilt. With add’l. ownership label “Ossian Ray” on spine. Owner’s signatures on first flyleaf, title page and verso. Front hinge starting. Minor exterior wear and chips. Clean tear to one leaf expertly repaired. Tear to top of preliminary dedication leaf with minimal loss to text. Inocuous small hole to inner margin one leaf not affecting text. Occasional marginal notes in early fine hand. $1,350.
* Second edition. “The New Law-Dictionary, first published in 1729, was Jacob’s masterpiece and constituted an entirely new departure in legal literature, the dictionary which was also an abridgment. Sheppard had attempted something of the sort in 1656 with his Epitome, but his work was still an abridgment rather than a dictionary. Jacob based upon the definition of each term a statement of the whole law on the subject...[Jacob’s Dictionary] was an undoubted improvement on everything that had gone before it, and it provided a model for many later dictionaries.” Cowley xc-xci. Retaining only such of the words from older dictionaries as had other than antiquarian interest, Jacob’s compilation became an extremely useful legal encyclopedia, more concise than any other abridgment of the period. Cowley 223. HLC I:1036. S&M I:9 (33).
This was William Plumer’s copy. Plumer was a member of the constitutional convention from 1791-1792, U.S. Senator from New Hampshire from 1802-1807, and governor of that state from 1816-1819. DAB.

Second edition of Jacob’s premier dictionary

119. Jacob, Giles [1686-1744]. A New Law-Dictionary: Containing, The Interpretation and Definition of Words and Terms Used in the Law...[London]: Printed by E. and R. Nutt, and R. Gosling for J. and J. Knapton, D. Midwinter [et al.], 1732. Folio. [398] fol. [A]-[Ggggg4],[Hhhhh2]. Contemporary calf, rebacked, retaining repaired original covers. Raised bands, blind-stamped ornaments in compartments, red spine label, gilt. Owner’s signature on upper margin of title page. With the slightest foxing, overall a very good solid copy. $1,200.
* Second edition. “The New Law-Dictionary, first published in 1729, was Jacob’s masterpiece and constituted an entirely new departure in legal literature, the dictionary which was also an abridgment. Sheppard had attempted something of the sort in 1656 with his Epitome, but his work was still an abridgment rather than a dictionary. Jacob based upon the definition of each term a statement of the whole law on the subject...[Jacob’s Dictionary] was an undoubted improvement on everything that had gone before it, and it provided a model for many later dictionaries.” Cowley xc-xci. Retaining only such of the words from older dictionaries as had other than antiquarian interest, Jacob’s compilation became an extremely useful legal encyclopedia, more concise than any other abridgment of the period. Cowley 223. HLC I:1036. S&M I:9(33). Marvin 418. Marke 1202.

First Tomlins Edition of Jacob’s Law Dictionary

120. Jacob, Giles. The Law-Dictionary: Explaining the Rise, Progress, and Present State, of the English Law, in Theory and Practice; Defining and Interpreting the Terms or Words of Art; and Comprising Copious Information, Historical, Political, and Commercial, on the Subjects of our Law, Trade, and Government...Now Greatly Enlarged... by T.E. Tomlins. London: Andrew Strahan, 1797. Two volumes, large octavo. Unpaginated. Contemporary full calf, a bit rubbed and chipped, hinges expertly repaired. Raised bands, red leather lettering pieces, gilt. Small tear with loss (none to text) to lower margin of one leaf, vol. I. Withal very good. $750.
* First Tomlins edition, generally considered to be a great improvement to this popular law dictionary. Catalogue of the Library of the Law School of Harvard University (1909) I:1036.