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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.
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