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CATALOGUE 37
W
INTER 2000

ANTIQUARIAN
& SCHOLARLY LAW

Conveyancing Forms

181. Oliver, Benjamin. Practical Conveyancing. A Selection of Forms of General Utility, with Notes Interspersed. Hallowell: Glazier & Co., 1827. 8vo. 581 pp., errata. Contemporary calf. One corner chipped. Very good. $175.
* Second edition, corrected and enlarged. “This work is highly esteemed as a concise and accurate collection of forms, and for the excellent explanatory notes accompanying them. The last is considerably improved, and is undoubtedly the best American Manual upon Conveyancing in use.” Marvin 547. Marke 781.

Early Codification of Westward Expansion

182. [Oregon]. Deady, M.P., [compiler]. The Organic and Other General Laws of Oregon Together with the National Constitutions and Other Public Acts and Statutes of the United States. 1845-1864. Portland: Henry L. Pittock, 1866. 1107, [1] pp. Full contemporary calf, red and black lettering pieces, gilt stamping. Front hinge nearly detached, else exterior well-preserved. Internally crisp. Very good. $450.
* First edition. Important early codification of statutes enacted while over fifty thousand persons traveled the Oregon Trail, Oregon formed its first civil government and went on to statehood as a nonslavery state in 1859. Includes statutes relating to domestic relations, elections, negroes and minorities, municipal matters, corporations and codes of civil and criminal procedure. Catalogue of the Library of the Law School of Harvard University (1909) I:544. Wallace, The Reporters (1882) 566, 569.

Ortolan’s Rules

183. Ortolan, [Jean-Félicité-] Theodore [1808-1874]. Regles internationale et dipomatie de la mer. Paris: Libraire de Henri Plon, 1864. Two volumes. xxvii, 471; [4], 580 pp. Contemporary green quarter-morocco, raised bands. Some rubbing, some marginal browning to leaves. But for these trifling faults, a very good copy. $750.
* Fourth edition. The author, a sea-captain, was the brother of Joseph-Louis-Elzéar Ortolan. Ortolan’s Rules was first published in 1844-1845. Marke 625.

A Potpourri of Early Ninenteenth Century Pamphlets

184. [Pamphlets]. Historic Doubts Relative to Napoleon Buonaparte. Fourth Edition. London: B. Fellowes, 1831. iv, [5-55] pp. [With] Advice to a Young Reviewer, with a Specimen of the Art. London: M.A. Nattali, 1828. 24 pp. [With] Christopher Benson. The Isrealites Asking a King. A Sermon Preached in the Temple Church, on Sunday, November 18th, 1832. London: Baldwin and Cradock, 1832. 32 pp. [With] A Letter to the Inhabitants of Winchester, by Wm. Bingham Baring, Esq. on the Subject of His Conduct as a Magistrate in the Arrest of Mr. and Mrs. Deacle; with Copies of the Depositions and Affidavits Referred to Therein. London: Whittaker and Co., 1831. 55 pp. [With] John Miller. On the Administration of Justice in the British Colonies in the East-Indies. London: Parbury, Allen, and Co., 1828. 150 pp. Some inked annotations. [With] Nassau Wm. Senior. A Letter to Lord Howick, on a Legal Provision for the Irish Poor; Commutation of Tithes, and a Provision for the Irish Roman Catholic Clergy. Third Edition. London: John Murray, 1832. xvii, [3]-104 pp. [With] Charge Delivered to the Grand Jury of the County of the City of Bristol by the Right Honorable Sir Nicolas Conyngham Tindal.... N.p.: n.p., 1832. 14 pp. [With] Trial of Maj.-G. Sir Robert-Thomas Wilson, Captain J.H. Hutchinson, and M. Bruce, Es1.: Before the Court of Assizes, at Paris [April 22, 1816]. [Paris]: M. Nouzou, n.d. 112 pp. 8vo. Early half-calf over marbled boards, raised bands. Chafed, with wear to extremities. Foxing in some pamphlets. A solid copy. $650.
* A potpourri of early nineteenth-century pamphlets.

Acts of Parliament, London, 1543

185. [Parliament]. Anno XXXII. Henrici Octavi. In the Parlyament begon at Westm, the xxviii. of Apryl, the xxxi. yere of the Reygne... Anno. M.D.XL. [London: Thomas Berthelet, 1543]. LXXII fol. Black letter. Modern half-calf over marbled boards. Minor soiling to the margins of several leaves, else fine. $1,750.
* Fourth edition. Contains Acts of Parliament. STC 9400.7. Beale S188. S&M I:557(32).

Important Treatise on Contracts

186. Parsons, Theophilus. The Law of Contracts. With additions by William V. Kellen. Boston: Little, Brown, and Company, 1883. Three volumes. ccxxii, 609; xx, 801; x, 722 pp. Calf, red and black spine labels, gilt. Slight rubbing. A very good set. $350.
* Seventh edition. Part of the triumvirate in the realm of American contract law, Parsons was indebted to Langdell and later edited by Williston. A landmark textbook. Marke 420. HLC I:302.

First American Edition of Peake on Evidence

187. Peake, Thomas. A Compendium of The Law of Evidence. Philadelphia: Printed by P. Byrne, 1802-1807. Two volumes. Octavo. xiv, 190; vii, [195]-428 [15] pp. Contemporary calf, spine labels (volume two also with label of Thomas Settle at base). Bindings worn, volume one rebacked. Dampstaining, foxing. $750.
* First American edition. Peake’s treatise served to help reconcile the many varied rulings that were then beginning to proliferate with the printing of the Nisi Prius reports among the circuits. Wigmore, Select Essays in Anglo-American Law II:696. Marvin, Legal Bibliography (1847) 559. Catalogue of the Library of the Law School of Harvard University (1909) II:309 (citing the 2nd Am. ed., but not the first). Sweet and Maxwell, A Legal Bibliography of the British Commonwealth of Nations I:379(9), citing English editions.

1614 Edition of A Profitable Booke

188. Perkins, John [d. 1545]. A Profitable Booke...Treating of the Lawes of England. London: Printed for the Company of Stationers [A. Islip], 1614. 24mo in 12’s. Law-French. Printed in black letter, title-page printer’s ornament. [48], [336] pp. Signature M misbound following H. Full contemporary mottled calf, double- ruled gilt borders on covers, cover edges gilt, raised bands, five compartments each with double ruled border, edges rouged. Front joint starting at head and foot, author’s name inked on fore-edge, slight cropping to a few preliminaries at top edges, occasional pertinent manuscript notes in an early hand. An attractive little volume. $750.
* Later edition. Marvin, Legal Bibliography 563. S&M I:485(56). STC 19643. HLC II:331. Holdsworth, HEL V:388. Read 1516. Winfield, Chief Sources, p. 330.

Phillipps on Evidence

189. Phillipps, S[amuel]. March. A Treatise on the Law of Evidence... With Considerable Alterations and Additions by S. March Phillipps and Thomas James Arnold...With Cowen and Hill’s Notes and with Additional Notes...by Isaac Edwards. New York: Banks & Brother, 1868. Three volumes. Star-paged. cliv, 798; xiii, 899; lxxvi, 686pp. Original tan calf, leather labels. Bindings rubbed, but still an internally sound, usable set. $250.
* Fifth American edition (from the tenth English edition). “At the end of the eighteenth and the nineteenth century, the beginning of the practice of reporting Nisi Prius cases added largely to the material available to writers on this branch of the law (Evidence). Hence we get books of a new type. Peake’s book was published in 1801, Phillipp’s book in 1814...” Holdsworth, Sources, p.120. S&M II:279. Marke 530. HLC II:345-346. None of these standard references cite the above edition.

“A Principal Book”: Pollock and Maitland

190. Pike, Luke Owen. A History of Crime in England. Illustrating the Changes of the Laws in the Progress of Civilisation. Written from the Public Records and Other Contemporary Evidence. London: Smith, Elder & Co., 1873-76.. Two volumes. Octavo. Frontispiece. xxix, [1], 539; xx, 719 pp. Later cloth, gilt. Ex-library. Very good. $250.
* Considered by Pollock and Maitland as a “principal book.” The first volume covers the period from the Roman invasion to the accession of Henry VII, with the second continuing to 1874. Indexed. Marke 452. HLC II:356.

Uncommon First Edition Part Two, Plowden’s Reports, Tottel 1579

191. Plowden, Edmund. [1518-1585]. Cy ensuont certeyne cases reportes per Edmunde Plowden vn apprentice de le commen ley, : puis le primer imprimier de ses Commentaries, & ore a le seconde imprimier de les dits Commentaries a ceo addes. Ouesque vn table en fine de cest lieur des toutez les principall cases, cibien en le dist primier lieur des Commentaries, come de les cases icy de nouel addes, iammes deuaunt imprimie. [London: In Aedibus Richardi Totelli], 1579. [1], fol. 403-565, [20], [2], fol. 15 pp. Early twentieth century quarter paper over marble boards, red leather lettering piece, gilt. Lettering piece chipped at edges. Expected shelf wear and minor soiling. Pictorial woodcut title page and head-pieces. Defective, showing worming with minor loss to leaves fol. 475-565, text loss to all pages following. $750.
* Uncommon. First edition of part two. “Though paged continuously w. pt.I, edits. of pt.2 were pub’d separately...” STC 20046.3. Considered the pioneer of the modern law report, Plowden’s Commentaries enjoyed numerous reprintings and translations. Written for his own use, he was convinced to publish the work by the judges he consulted for further analysis of each case. His compilation was found to be exceptional in range and detail. Indeed, it was esteemed by Coke as “‘exquisite and elaborate’” and described by James Kent as “‘Distinguished for authenticity and accuracy, and exceedingly interesting and instructive by the evidence they afford of the extensive learning, sound doctrine, and logical skill of the ancient English bar.’” Wallace, The Reporters 144.

Rare

192. Pothier, Robert Joseph. A Treatise on Obligations, Considered in a Moral and Legal View. Translated from the French of Pothier. Translated by Francois-Xavier Martin. Newburn, N.C.: Martin & Ogden, 1802. Two volumes. [xi], 364; [viii], 315 pp. Attractively rebacked retaining original contrasting gilt lettering pieces. Vol. II two small tears with very minor loss to title page, embrowning to first few leaves. $1,750.
* Pothier was a jurist and legal scholar who specialized in French and Roman law. In the decades that led up to the Civil War, this classic, highly-regarded civil law treatise was required reading for practitioners, scholars, as well as law students. Martin, a printer from New Bern, North Carolina, gained distinction for this translation, which he published in 1802.
The Treatise on Obligations was soon recognized as a major contribution to legal science, translated by Evans and frequently cited in British Courts.” Walker 973. Marvin quotes Sir William Jones’ introduction of Pothier’s Obligations to the bar in England: “For my own part, I am so charmed with them, that if my undissembled fondness for the study of jurisprudence, were never to produce any greater benefit to the public, than barely the introduction of Pothier to the acquaintances of my countrymen, I should think that I had, in some measure, discharged the debt which every man, according to Lord Coke owes to his profession.” Marvin, Legal Bibliography 578. Cohen, Bibliography of Early American Law 3656.

Well Respected

193. Powell, John Joseph [1755?-1801). An Essay upon the Learning of Devises, from Their Inception by Writing, to Their Consummation by the Death of the Devisor. New York: Printed by Lincoln & Gleason [Hartford, Conn.] for I. Riley, 1806. Star-paged. xii, 727, [28] pp. Contemporary calf, red leather label. Head of spine chipped with loss, one inch of tail missing, sporadic foxing. A volume from the library of Thomas Settle. $250.
* First American edition. Powell was a student of Charles Fearne, whose classic essay on Contingent Remainders he edited in 1795. “Powell’s works were in high repute in their day, both in England and America.” DNB XVI:245. HLC II:380. Parrish 368. Marvin 582 (citing other editions). S&M I:493(29) (English editions only).

Pufendorf’s Magnum Opus

194. Pufendorf, Samuel [1632-1694]. De Jure Naturae et Gentium. Libro Octo. London: Adam Junghans, 1688. Quarto. [8], 928, [8] pp. Title-page printed red and black, with woodcut printer’s device. Contemporary vellum. No pastedowns. One leave detached and torn. Some foxing. $1,250.
* Early edition, enlarged and corrected (first published 1672). Pufendorf’s magnum opus, in which he presents a system of public, private, and international jurisprudence “based on the conception of natural law.” Marke 578. In De Jure Naturae....Pufendorf offers an exposition not so much of the rules of international law (indeed the section devoted to international law is small), but rather rules of the law of nature. Its influence was greater and more lasting upon writers on jurisprudence. Marvin 593-4. BMC XX:1074.

Pufendorf’s System of Natural Law

195. Pufendorf, Samuel. Le Droit de la nature et des gens, ou systeme general des principes les plus importans de la morale, de la jurisprudence, et de la politique. Translated from Latin into French by Jean Barbeyrac. Amsterdam: Pierre de Coup, 1712. Two volumes. 4to. Engraved portrait of Pufendorf. [2], cxxxii, [4], 613; [4], 506, [17], [4], 5-28 pp. Contemporary vellum, lettered spines. Title-pages printed red and black, with small engravings. Woodcut initials and head-pieces. Edges speckled. Bindings slightly soiled, endpapers loose. A nice set. $1,000.
* Second Barbeyrac edition. This work is considered among Pufendorf’s most important. Pufendorf contested Hobbes’ conception of the state of nature, concluding that it is not one of war, but of peace. His is a complete system of public law based on natural law. Marvin 593-594. Marke 578. See S&M I:597 (English versions).

A Quaker Trial

196. [Quakers]. Shotwell, Thomas L. A Full Report of the Case of Stacy Decow, and Joseph Hendrickson, vs. Thomas L. Shotwell... Philadelphia: P.J. Gray, 1834. vi, 723, [1] pp. Original cloth-backed boards, worn, front cover detached, some spotting. But for some foxing, an internally very good copy. $175.
* First edition. Interesting Quaker trial involving disputed funds and feuding factions. HLC II:1059. Marke 970.

Quo Warranto

197. [Quo Warranto]. Placita de Quo Warranto Temporibus Edw.I. II. & III. in Curia Receptae Scaccarij Westm. Asservata. [Edited by William Illingworth]. [London]: Printed by Command of His Majesty King George III, 1818. Folio. [11], 966 pp. Paper boards. Worn, front cover detached. Slight dampstaining, otherwise good internally. $350.
* Published by the Record Commission. Edward the First, in 1274, directed commissioners to examine by warrant the abuse of royal rights by tenants, ecclesiastics, and laymen. The commissioners would then claim the rights for the crown if no charter were to be found. The inquisitions were entered on rolls (The Hundred Rolls) and were for the most part returned into the Exchequer. A facsimile of a quo warranto is included. Well-indexed. HLC I:794.

Penal Law

198. Raimundo del Rio, J. Derecho Penal. [Santiago de Chile]: Editorial Nascimento, [1935]. Three volumes. 320; 398; 580 pp. Printed wrappers. Spines darkened, slight shelfwear. Unopened. Ex-library (only marking an inscription on endpaper of volume one). A good set. $200.
* The first volume treats the theory and history of penal law, the second penal legislation, and the third specific crimes.

Lawyer’s Manners

199. [Raithby, J.]. The Study and Practice of the Law, Considered in their Various Relations to Society. In a Series of Letters. By a Member of Lincoln’s Inn. Portland: Thomas B. Wait, 1806. 8vo. xiii, 364, [3] pp. Publisher’s catalogue at rear. Contemporary sheep, gilt leather spine label. Rubbed, head of spine slightly chipped. Some foxing, signature on title-page, a few annotations. A good copy. $350.
* First American edition. First published anonymously in England in 1798 and attributed to Sir James Macintosh. A series of fifty-eight letters designed to improve the student of law in such matters as eloquence, integrity, urbanity, memory, religion, philosopy, and manners. Marvin 596. Marke 230. S&M I:36(68) (citing English edition).

Against the British Embargo

200. Randolph, J[ohn] [1773-1833]. The Speech of the Hon. J. Randolph. Representative for the State of Virginia, in the General Congress of America; on a Motion for the Non-Importation of British Merchandize, Pending the Present Disputes between Great Britain and America. With an Introduction by the Author of “War in Disguise.” London: Re-Printed for J. Butterworth and J. Hatschard, 1806. [4], xlv, [3], 32 pp. Modern quarter-cloth. Very good. $300.
* Originally printed in New York in 1806. Randolph was a preeminent orator in Congress, and this speech eloquently expresses his opposition to the embargo of Britain. Sabin 67838.