 |
Kelsen "At His Best"
62.
Kelsen, Hans [1881-1973].
Law and Peace in International Relations. Cambridge: Harvard
University Press, 1948. xi, 181 pp. Original cloth, light shelfwear.
Owner initials to front free endpaper, his stamp to title page,
interior otherwise pristine. A very nice copy. $125.
*
First. The text of Kelsen's Oliver Wendell Holmes Lectures,
1940-1941. "[A] welcome addition to the body of English literature
authentically presenting Kelsen's theory of law. To international
lawyers it should be especially welcome because it applies that
theory to their particular branch of legal science.... The first
four lectures are a superbly argued statement of the nature of law
in general and of international law in particular.... In the whole
field of logically ordered postulates of international law, Kelsen
is at his best; and that best is unsurpassed.": Percy E. Corbett,
Harvard Law Review 56:154-156 cited in Marke 572.  
63.
Kemble, John Mitchell.
Certaine Considerations
Upon the Government of England.
Edited by John Mitchell Kemble. [London]: Printed for the Camden
Society, 1849. lxxxv, 191pp. Octavo (5” x 8”). Cloth. Shelfwear.
Some foxing on front endpaper and title page. Front hinge cracked
but secure. $25.
64.
Landis, James M.
The Administrative Process. New Haven: Yale University Press,
[1946]. 160 pp. Original cloth very good in moderately worn dust
jacket. $95.
* Fourth
printing of Landis' 1938 Storrs Lectures. "An important treatise on
the administrative process with special emphasis on the Securities
and Exchange Commission" Seckler-Hudson, Bibliography on Public
Administration, Annotated 18 cited in Marke, A Catalogue of
the Law Collection at New York University (1953) 259.
65.
Luce, Robert.
Legislative Assemblies: Their Framework, Make-Up, Character,
Characteristics, Habits, and Manners. Boston: Houghton Mifflin
Company, 1924. Reprint. New York: Da Capo Press, 1974. 691 pp.
Original cloth, light shelfwear, internally clean. $65.
66.
Lyon, Bryce.
A Constitutional and Legal History of Medieval England. New
York: Harper & Row, [1960]. xix, 671 pp. Original cloth, some
shelfwear. Owner signature to front pastedown, interior otherwise
clean. $40.
67.
[MacDonell, Sir John and Edward
Manson]. Great
Jurists of the World. Edited by Sir John MacDonell and Edward
Manson. With an Introduction by Van Vechten Veeder. Boston: Little,
Brown, and Company, 1914. Illustrated. xxxii, 607 pp. Reprinted 1997
by The Lawbook Exchange, Ltd. LCCN 97-8298. ISBN 1-886363-28-5.
Cloth. $125.
*
Originally published under the auspices of the Association of
American Law Schools in the Continental Legal History Series.
(1914). Ranging over a period of two thousand years, the work covers
the lives and chief works of selected eminent jurists such as Gaius,
Papinian, Domitius Ulpian, Bartolus, Andrea Alciati and his
Predecessors, Jacques Cujas, Albericus Gentili, Francis Bacon, Hugo
Grotius, John Selden, Thomas Hobbes, Richard Zouche, Jean Baptiste
Colbert, Gottfried Wilhelm von Liebnitz, Samuel von Pufendorf,
Giovanni Battista Vico, Cornelius van Bynkershoek, Charles Louis de
Secondat, Robert Joseph Pothier, Emerich de Vattel, Caesar Bonesana,
William Scott, Jeremy Bentham, Carl Joseph Anton Mittermaier,
Freidrich Carl von Savigny, and Rudolph von Jhering.
68.
MacKintosh, James.
The Roman Law of Sale With Modern Illustrations. Digest XVIII.1
and XIX.1 Translated With Notes and References to Cases and the Sale
of Goods Act. Edinbugh: T. & T. Clark, Law Publishers, 1907.
xvi, 299, [5] pp. Includes four-page publisher catalogue. Original
cloth, some shelfwear and fading to spine, binding slightly cocked,
front hinge cracked but secure, other cracks after pp. xvi and 16.
Light foxing to a few leaves, interior otherwise clean. $85.
* Second
edition. With a table of cases. Latin and English translation on
facing leaves. This work was highly esteemed for its elegant
translation, scholarly notes and illuminating comparisons to English
common law.
Important Study of Ancient Law
69.
Maine, Henry Sumner [1822-1888].
Ancient Law: Its Connection with the Early History of Society,
and Its Relation to Modern Ideas. London: John Murray, 1861.
Reprint. Birmingham: Legal Classics Library, 1982. vi, [ii], 415 pp.
Calf, decorative gilt stamping, all edges gilt, raised bands, ribbon
marker, marbled endpapers. Bookplate to front free endpaper, else
fine. $95.
* "Maine
indicates the place in the development of a legal system of such
agencies as legal fictions and equity. He explains the history of
the concept of a law of nature; and in his account of the contrast
between primitive and modern society--between the place which the
law of persons occupies in primitive and modern law--he comes to the
famous conclusion that the government of progressive societies has
been from status to contract.": Holdsworth, History of English
Law XV: 363-4.
Well-Preserved Copy of
Maitland's
Township and Borough
70.
Maitland, Frederic William
[1850-1906].
Township and Borough Being the Ford Lectures Delivered in the
University of Oxford in the October Term of 1897. Together with an
Appendix of Notes Relating to the History of the Town of Cambridge.
Cambridge: At The University Press, 1898. ix, 220 pp. Fold-out
illustrations and maps. ix, 220 pp. Original cloth, very light
shelfwear, internally pristine. $125.
* First
edition. "[T]he book is a comment or study upon the points raised or
raiseable in the case of the Mayor, Bailiffs, and Burgesses of the
Borough of Cambridge against the Warden, Fellows, and Scholars of
Merton College in the University of Oxford, at the Guildhall,
London, in Hillary Term, 1803.... Dr. Maitland has been able to
start from the case and give us a little history of the 'borough
rights' on the lands within the boundaries of the vill....The lawyer
will find his account in this ingenious and lively study, and
will... allow that even from a practical point of view it is well to
understand as much as one can of the legal and social conditions
under which town life in England has grown up....": F.Y.P., Law
Quarterly Review 14:311-314 cited in Marke 704.
Detailed New York Lawyer's
Manuscript Ledger
71.
[Manuscript].
[Law Register of Jeremiah McGuire, 1867-1874]. 380 pp. Folio
(8-1/4" x 13-3/4"). Original reversed calf, black-stamped frames
enclosing gilt-edged polished calf panels, black lettering pieces,
raised bands, marbled edges and endpapers. Moderate rubbing and a
few tiny stains and scuffs to boards, some chipping to spine ends,
corners bumped and moderately worn, front hinge cracked but secure.
Bookseller stamp to front pastedown. 279 pages filled with entries
in neat hand, numerous newspaper clippings pasted in. Internally
clean and bright. An interesting item. $1,000.
* With a
thumb-tabbed table of cases. This detailed ledger records cases
tried before the Supreme Courts of several western New York State
counties, including Schuyler, Erie, Chemung, Oswego, Yates, Steuben,
Monroe and Seneca. Each case entry lists the action taken, response,
resolution and fees. Many cases deal with property settlements and
civil action, some entries have pasted-in contemporary newspaper
accounts. The time period, location of trials and types of cases
handled leads us to conclude that the Jeremiah McGuire who owned
this ledger was the Jeremiah McGuire of Elmira. A prominent New York
attorney and politician, he was elected to the State Assembly in
1874 and became Speaker of the State Assembly the following year.
72.
Mathews, John.
Legislative and Judicial History of the Fifteenth Amendment.
Baltimore: The Johns Hopkins Press, 1909. x, 11-126 pp. Reprinted
2001 by The Lawbook Exchange, Ltd. ISBN 1-58477-176-3. Cloth. $60.
*
Originally published as Series XXVII, Nos. 6-7, Johns Hopkins
University Studies in Historical and Political Science under the
Direction of the Departments of History, Political Economy, and
Political Science. Examines in detail the legal history of the
fifteenth amendment to the United States Constitution, which
guaranteed the right to vote to all males. Includes a description of
the legislation as it appeared before individual states, and a final
judicial interpretation of the amendment. Marke 378.
Index of Terms in Justinian's
Code
73.
Mayr, Robert, Editor.
Vocabularium Codicis Iustiniani [Justiniani]. Prague:
[Ceska Grafika Unie], 1923-1925. Reprint. Hildesheim: Georg Olms
Verlagsbuchhandlung, 1965. Two volumes. Original cloth, some
shelfwear and soiling, Volume One hinges cracked but secure,
interiors of both volumes clean and bright. A nice copy of an
uncommon title. $450.
* A
work of painstaking research, this is an index of terms in the
Code of Justinian, one of the four components of the Corpus
Juris Civilis. It is a valuable complement to dictionaries
because it enables the reader to compare definitions with examples
of usage. See illustration below.
74.
McGlynn, Margaret.
The Royal Prerogative and the Learning of the Inns of Court.
Cambridge: Cambridge University Press, [2003]. xi, 349 pp.
Cloth. New. $117.
*
Between the mid-fifteenth and mid-sixteenth century Prerogativa
Regis, a central text of fiscal feudalism, was introduced into
the curriculum of the Inns of Court, developed, and then abandoned.
This book argues that while lawyers often turned their attention to
the text when political and financial issues brought it to the fore,
they sought to maintain an intellectual consistency and coherence in
the law. Discussions of both substance and procedure demonstrate how
readers reflected the concerns of their time in the topics they
chose to consider and how they drew on the learning of both their
predecessors and their peers at the Inns. The first study based
primarily on readings, this book throws new light on legal
education, early Tudor financial and administrative procedure, and
the relationship between the ways that law was made, taught and
used.
75.
Merryman, John Henry.
The Civil Law Tradition: An Introduction to the Legal Systems of
Western Europe and Latin America. Stanford: Stanford University
Press, 1969. ix, [5], 172 pp. Cloth very good in moderately worn
dust jacket. $65.
* "His
book is a welcome addition to the literature of comparative law. It
should make an important contribution to the task of making lawyers
and non-lawyers alike more aware of the civil law tradition and,
thus, better able to understand the legal orders of many
countries.": Arthur Taylor von Mehren, Harvard Law Review 83
(1969-1970) 1955.
Fine-Press Folio Edition of
Milton's Areopagitica
76.
Milton, John [1608-1674].
[Rivers, Isabel, Editor].
Areopagitica: A Speech of Mr.
John Milton For the Liberty of Unlicensed Printing To the Parliament
of England.
[Cambridge: Deighton, Bell & Company, 1973]. xiv, 48, [2] pp. Folio
(9-1/2" x 13). Black Niger morocco binding with raised bands and
gilt title in cloth slipcase with some shelfwear and fading. Text
printed on wide-margined Barcham Green mould-made paper with deckle
edges, internally pristine. A very nice copy. $500.
* From an
edition limited to 100 copies, this number 14. The victory of
Parliament over Crown during the Civil War prompted many questions
including those regarding the liberty of the press under the new
regime. The Stationers Company, which enjoyed Royal patronage and a
monopoly on printing and bookselling granted by the Crown,
petitioned Parliament for the continuation of its privileges under
the new regime. This was a controversial request because Milton and
others resented the Company's censorship of political and religious
publications in the years before the Civil War. Milton, in what has
been called his "most important" prose, urged Parliament to reject
its petition in the name of intellectual freedom.
Paradise Regained
77.
Milton, John [1608-1674].
[Bucer, Martin (1491-1551)].
The Doctrine and Discipline of Divorce: In Two Books. Also the
Judgment of Martin Bucer; Tetrachordon; And an Abridgment of
Colasterion. With a Preface, Referring to Events of Deep and
Powerful Interest at the Present Crisis; By a Civilian. London:
Printed for Sherwood, Neely and Jones, 1820. xv, 430 pp. Octavo
(5-1/4" x 8-1/4"). Contemporary three-quarter calf over marbled
boards, gilt spine with raised bands and lettering piece, ribbon
marker. Moderate rubbing to boards, rubbing with some wear to spine
ends, joints and corners. Early bookplate to front pastedown, early
annotations in pencil to a few leaves. Occasional light foxing,
interior otherwise fresh. A nice copy of an uncommon title. $850.
* After
the dissolution of his marriage, which lasted 30 days, Milton
wrote several controversial pamphlets on divorce. They are collected
in this volume. The "Doctrine and Discipline" was written
in 1643. Critics of this work are addressed in "Colasterion"
(1645). "The Judgment of Martin Bucer" (1644) is a selection
of passages by the important early Protestant reformer chosen
and translated by Milton. "Tetrachordon" (1645) is a
sophisticated defense of divorce based on four passages from Genesis,
Deuteronomy, Matthew and First Corinthians. The preface, by an
anonymous doctor of civil law, discusses the sensational divorce
proceedings between King George IV and Queen Caroline that were
underway in the House of Lords in 1820. (This is the "present
crisis" that inspired the book's publication.) OCLC locates
15 copies. BMC 17:617. See illustration below.
78.
Minor, Raleigh C.
Notes on the Science of
Government and the Relations of the States to the United States.
[Charlottesville]: University of Virginia, 1913. x, 171 pp.
Reprinted 1995 by The Lawbook Exchange, Ltd. LCCN 99-047233. ISBN
1-886363-09-9. Cloth. $40.
* Minor
[1869-1923] was an author, publicist, and teacher of law at the
University of Virginia. Minor was a pioneer in private international
law or the conflict of laws. Here Minor presents a thorough overview
of both government in general and the relationship of states to the
federal government. Anyone interested in the question of states'
rights debate that remains ongoing will find much of value in
Minor's analysis of the legal status of the states and federal
government under the Constitution. After developing the basic
features of government, Minor elaborates upon the States Rights and
Nationalistic schools of thought, drawing upon numerous Supreme
Court cases and the writings of Story, de Tocqueville, Webster,
Calhoun, Madison, and others.
79.
Mortenson, Ernest.
You be the Judge.
Introduction by Dean John H. Wigmore. Washington: Washington Law
Book Co., [1940]. Illustrated. xii, 439 pp. Original cloth, some
shelfwear and fading to spine, internally clean. $10.
80.
Palmer, George E.
Mistake and Unjust Enrichment. Columbus: Ohio State
University Press, 1962. Reprint Buffalo, NY: W.S. Hein, 1993. 114
pp. cloth. Fine. $38.50
* 1993
reprint. This work delves into restitution of benefits obtained by
mistake. It is divided into three parts: the first chapter explores
the different kinds of mistakes and seeks to classify them and the
remedies available to settle them; chapter two concentrates on
mistakes in assumptions and how to avoid them and chapter three
discusses the difference between unilateral and mutual mistakes.
First American Printing of the
Evans' Edition of Pothier on
Obligations
81.
Pothier, Robert Joseph
[1699-1722]. [Evans, William David (1767-1821), Translator and
Editor]. A
Treatise on the Law of Obligations, or Contracts. Translated from
the French, with an Introduction, Appendix, and Notes, Illustrative
of the English Law on the Subject. Philadelphia: Published by
Robert H. Small, 1826. Two volumes. Octavo (5-1/4" x 8-1/4"). Recent
period-style quarter calf over cloth, raised bands and lettering
piece to spines, endpapers renewed. Light toning throughout,
occasional light foxing, faint dampstaining to fore-edge of Volume
I. Later owner stamps to preliminaries and edges, early signatures
to edges of text blocks and title pages, interiors otherwise clean.
Quite uncommon. $1,500.
* Second
American edition of the work (the first being published in Newburn,
N.C. in 1802 with the translation by F.X. Martin), but this the
first American edition of the Evans edition, which first appeared in
London in 1806. According to Marvin, "[Evans'] notes are
comprehensive and learned, and deserve a careful perusal in
connexion with the text, and he is entitled to considerable praise
for having furnished Pothier on Obligations to the profession
in so good and accurate an English garb." Holdsworth, who agrees
with Marvin, adds that this edition introduced Pothier to English
lawyers, which "did considerable service to the development of the
English law of contract." This edition was "soon recognized as a
major contribution to legal science...and frequently cited in
British Courts.": Walker, Oxford Companion to Law 973.
Holdsworth, HEL XIII:467. Marvin 578. Cohen 3657. See illustration below.
First American Edition of the
First Treatise on Contracts
82.
Powell, John Joseph.
Essay Upon the Law of Contracts and Agreements. Walpole:
Printed, At the Press of Thomas & Thomas, by David Newhall, 1802.
Two volumes. Reprinted 2005 by the Lawbook Exchange, Ltd. ISBN
1-58477-520-3. Cloth. $150.
* Reprint
of the first American edition of the first treatise on the subject.
(It is based on the first London edition, 1790, to which it is
starred.) Powell [1755?-1801] wrote several distinguished treatises
that were used widely in England and America, including this one.
Though mildly critical of its organization, Holdsworth considers it
"an able book" that "is much more than a digest of cases" because
"[i]n all cases the author tries, with considerable success, to
state principles, and to illustrate them by cases.": HEL
XII:392.
Chief Justice of King's Bench,
1350-1361
83.
Putnam, Bertha Haven.
The Place in Legal History of Sir William Shareshull, Chief
Justice of the King's Bench 1350-1361: A Study of Judicial &
Administrative Methods in the Reign of Edward III. Cambridge: At
the University Press, 1950. xviii, 328 pp. Original blue cloth very
good in moderately worn dust jacket. $95.
*
Shareshull [fl. 1360] is mentioned among the advocates in the Year
Book of Edward II and also receiving a commission of oyer and
terminer on February 22, 1327. He became a king's serjeant in 1331.
Along with a term on King's Bench he served on the Court of Common
Pleas. While chief-justice he was excommunicated by the pope for
refusing to appear when summoned to answer for a sentence he had
delivered against the Bishop of Ely for harboring a man who had
slain a servant of Lady Wake. DNB XVII:1337.
84.
Rheinstein, Max.
Marriage, Stability, Divorce, and the Law. Chicago:
University of Chicago Press, [1972]. xi, 482 pp. Original cloth,
light shelfwear, internally clean. $45.
* A
penetrating legal and sociological analysis of divorce in Japan,
Italy, Sweden, France, the Soviet Union and the United States by a
distinguished scholar of comparative law.
85.
Rock, Paul.
The Social World of an English Crown Court: Witness and
Professionals in the Crown Court Centre at Wood Green. Oxford:
Oxford University Press, [1993]. viii, 390 pp. Illustrated. Cloth
very good in moderately worn dust jacket. $50.
86.
Rose, Lisle A.
Prologue to Democracy: The Federalists in the South, 1789-1900.
Lexington, University of Kentucky Press, 1968. xvii, 326 pp. Cloth
very good in lightly worn dust jacket. $20.
87.
Roxburgh, Sir Ronald.
The Origins of Lincoln's Inn. Cambridge: At the University
Press, 1963. Frontispiece. Illustrated. xii, 90 pp. Cloth very good
in lightly worn dust jacket, small bookseller ticket to front
pastedown. $85.
*
Tradition holds that Lincoln's Inn was founded by the third earl of
Lincoln, but later documentary evidence throws doubt on this
assumption. Roxburgh's study reassesses the tradition and the
relevant documents to offer a definitive statement on this
intriguing topic.
The "Best Latin Edition" of
Ruggles's Classic Legal Satire
88.
Ruggle, George [1575-1622].
Hawkins, John Sidney [1758-1842], Editor.
Ignoramus, Comoedia; Scriptore Georgiop Ruggle, A.M. Aulae
Clarensis, Apud Cantabrigienses, Olim Socio; Nunc Denuo in Lucem
Edita cum Notis Historicis et Criticis; Quibus Insuper Praeponitur
Vita Auctoris, et Subjicitur Glossarium Vocabula Forensia Dilucide
Exponens: Accurante Johanne Sidneio Hawkins, Arm. London:
Prostat Venalis Apud T. Payne et Filium, 1787. viii, cxxii, [2],
319, [1] pp. Octavo (5" x 8"). Recent period-style quarter calf over
marbled boards, gilt fillets and lettering piece to spine, endpapers
renewed. Negligible shelfwear. Copperplate frontispiece, woodcut
text illustrations (including music). Offsetting to title page,
light browning to portions of text, light foxing to a few leaves.
Ex-library. Small inkstamps to a few leaves throughout text. An
attractive copy. $500.
* First
critical edition. With extensive notes in English, a life of Ruggle,
commentary explaining the jokes and a glossary of legal terms. Main
text in Latin. Ruggles's classic acerbic satire of the English bench
and bar was written in Latin and first performed in 1615. Designed
to ridicule the language of the common law and the dullness of
lawyers, the play is based on events relating to a legal dispute
between the vice-chancellor of Cambridge University and the mayor of
Cambridge, Francis Brakin. As one would expect, it incensed the
legal community. "The keenness of the satire created quite a
sensation among the lawyers of those times, and even aroused the ire
of Lord Coke.... The Comedy, however, was so highly relished for its
wit satire, that no less than nine Latin and two English editions
have been published. Hawkins' is the best Latin edition... 64
Critical Review 333 cited in Marvin, Legal Bibliography
(1847) 622. OCLC locates 43 copies of this edition. Sweet & Maxwell
1:241. See illustration below.
1899 Salesman's Sample Book
89.
[Sample Book].
Haight, Henry A. Manual of Law and Business Forms.
Detroit: Darling Bros. & Co., 1890. Irregular pagination. Plates.
Includes twenty-page blank subscription list. Sample law-calf and
cloth backstrips affixed to fold-out flap hinged to front board,
full-sized sample of board affixed to front pastedown. Moderate
rubbing with some wear to spine ends, joints and corners, hinges
cracked but secure. Offsetting and indentation from sample backstrip
and board to front free endpaper, which also has a chip, faint
dampstaining to edges of subscriber list. A few check marks and
brief annotations in pencil, interior otherwise clean. An
interesting and uncommon piece of marketing and law book publishing
history. $250.
* Touted
as a guide to "Our Rights and Duties" on its title page, the
Manual of Law and Business Forms was a layman's guide and
formbook for "farmers and mechanics" that grew out of a series of
articles published in The Michigan Farmer and The American
Agriculturist. It contained 538 pages and several plates. An
interesting feature is the group of chapters dealing with labor
issues. This considerably lighter book of extracts was carried
door-to-door by salesmen. It contains front matter from the book,
selected chapters and plates, sample backstrips and a sample of the
front cover. Sales tools are provided as well. These include a list
of testimonials from attorneys, ruled blank leaves in which to list
subscribers and a one-page advertisement that also served as a
script for sales pitches.
Roman Law's Influence Throughout
History
90.
Sherman, Charles Phineas.
Roman Law in the Modern
World. New York:
Baker, Voorhis & Co., 1924. Three volumes. Original cloth, moderate
shelfwear, some discoloration to boards, rear hinge of Volume II
starting. Internally clean. $250.
* Second
edition. Contents include "History of Roman Law and Its Descent into
English, French, German, Italian, Spanish, and Other Modern Law" and
"Manual of Roman Law Illustrated by Anglo-American Law and the
Modern Codes." "Dr. Sherman has the gifts of the good teacher. He is
lucid and has a sense of proportion; he brings out just the points
to which the student's attention should be directed and his comments
are not too profound even for the beginner.": A.H. Campbell, Law
Quarterly Review 54:448-451 cited in Marke 892.
91.
Shientag, Bernard L.
Moulders of Legal Thought. New York: The Viking Press, 1943.
ix, 253 pp. Original cloth, light shelfwear, some fading to spine.
Author inscription to front free endpaper, small incision to title
page, internally clean. $35.
*
Includes opinions and writings of Cardozo, Lord Mansfield, Romilly,
Pollock, Lord Macmillan, and Lord Wright of Durley. This work is one
of the authorities cited by Julius Marke in his NYU Law Catalogue.
Classic
Statement of English
Liberties and Whig
Ideology
92. [Somers, John
Barton, Baron (1651-1716)].
A Guide to the
Knowledge of the Rights and Privileges of Englishmen. Containing, I.
Magna Charta, with Remarks Thereon; II. The Bishops Curses; III. The
Habeas Corpus Act; IV. The Bill of Rights; and, V. The Act
Settlement: With an Exhortation to the Christian and Independent
Clergy, the Gentry, Freeholders, and Other Electors of Members to
Serve in Parliament. To Which is added, The Security of Englishmen’s
Lives: or, The Trust, Power, and Duty of the Grand Juries of
England.
London: Printed for J. Scott, 1757. ix, [1], 254 pp. 12mo. (4" x
6-1/2"). Contemporary calf, rebacked in period style with raised
bands and lettering piece. Light rubbing to boards, some wear to
corners, endpapers renewed. Negligible light foxing to a few leaves.
Later owner signature and small bookseller ticket, interior
otherwise clean. A very nice copy of an uncommon title. $1,500.
* First
edition (of this anonymously edited imprint). Somers, a barrister of
the Middle Temple, was Lord Chancellor of England. First published
in 1681, his The Security of Englishmen's Lives is an
important tract on juries and one's right to a jury trial.
Attributed sometimes to John Dunton and Daniel Defoe, it went
through numerous editions and was usually printed with the text of
Magna Carta and other foundational documents of English liberty.
(This is one of several variants.) Classic statements of Whig
ideology, they were eagerly consumed in the American colonies on the
eve of the Revolution. OCLC locates 13 copies. This edition not in
the British Museum Catalogue. See illustration below and front cover.
Constitutional Politics, Church
and State
93.
Sorauf, Frank J.
The Wall of Separation: The Constitutional Politics of Church and
State. Princeton: Princeton University Press, [1976]. xii, 394
pp. Cloth very good in lightly worn dust jacket with a few minor
stains. $125.
* Sorauf
treats all sixty-seven constitutional cases concerning church-state
relations decided by high American appellate courts from 1951 to
1971. He draws on original interviews with the plaintiffs, attorneys
and members of the groups bringing suit and describes their
strategies, goals, successes and failures. The social backdrop of
these cases and the judges and courts deciding them is considered as
well.
94.
Steelwater, Eliza.
The Hangman's Knot: Lynching, Legal Execution and America's
Struggle with the Death Penalty. [Cambridge]: Westview Press,
[2003]. ix, 280 pp. Illustrated. Cloth in dust jacket. New. $26.
*
Steelwater presents a fascinating history of execution in the United
States. With a compelling narrative enriched by personal stories she
documents how this debate became one of the most contentious of our
time.
Stunning Collection of
Revolutionary War Sources
95. Stevens, B[enjamin] F[ranklin]
[1833-1902], Compiler, Editor and Translator.
B.F. Stevens’s Facsimiles of Manuscripts in European Archives
Relating to America, 1773-1783. With Descriptions, Editorial Notes,
Collations, References and Translations. London: Issued Only
to Subscribers, 1889-1898. 24 solander cases (9-1/2" x 14-1/2")
containing 5,107 items; Folio index volume (9-1/2" x 14-1/2"),
xxx, 351 pp. Portrait frontispiece of Stevens. Cases and Index
bound in recent quarter maroon cloth with gilt stamping over original
tan pebbled cloth, hinges and other joints reinforced. Light rubbing
and edgewear. Interior of index and contents pristine. A stunning
collection. $10,000.
*
From an edition limited to 200 sets. One of the great monuments
of nineteenth-century archival research, Stevens' collection comprises
facsimiles of 2,107 diplomatic, religious, colonial, military,
naval and legal documents from Great Britain, France, Holland
and Spain, as well as maps and charts. These are supplemented
with 3,000 descriptions, introductions, translations, editorial
notes, collations and references. This set is complemented by
a masterly index volume (with numerous cross-references) arranged
by date, author and subject. Stevens included every significant
item he could find ranging from correspondence between Benjamin
Franklin and the Comte de Vergennes to papers relating the Battle
of Yorktown and the Treaty of Paris. A pleasure to behold, these
items are printed on high-quality paper produced especially for
this project. All editorial matter is photo-reproduced from texts
written in an elegant hand. Each facsimile is trimmed and bound
to match the exact size of the originals. The Index volume has
wide-margined deckle leaves and is decorated with elegant engraved
head-pieces, tail-pieces and decorated initials. British Museum
Catalogue (Compact Edition) 24:240.
An Excellent Companion to
Blackstone
96.
Sullivan, Francis
Stoughton [1719-1776]. Stuart, Gilbert, Editor.
Lectures on the Constitution and Laws of England: With a Commentary
on Magna Charta, and Illustrations of Many of the English Statutes.
The Second Edition. To Which Authorities are Added, and a Discourse
is Prefixed, Concerning the Laws and Government of England.
London: Printed for Edward and Charles Dilly, 1776. xvi, xxxii,
415 pp. Quarto (8-1/4" x 10-1/2"). Recent period-style
quarter calf over marbled boards, gilt-edged raised bands, lettering
piece, endpapers renewed, untrimmed edges. Occasional minor tears
and chips to edges, early owner signature to head of half-title
in fine hand, later annotation in pencil to a leaf. Light toning
to text, interior otherwise clean and fresh. An appealing copy
of an uncommon work. $1,500.
* Second
edition. Sullivan was Royal Professor of the Common Law at the
University of Dublin. One of the first attempts to sketch the
outlines of English constitutional law, this book had its origins in
a series of lectures. Holdsworth notes that the "needs of
[Sullivan's] students had made it necessary for him to adopt a plan
which was different from the plan adopted by Blackstone.
Blackstone's students were more advanced; and, as Blackstone's
lectures were given in a law vacation, they could supplement the
information which he gave them by information acquired by means of
attendance upon the courts of Westminster." As a result Sullivan is
more elementary in its scope, but also more detailed because it
explains several matters that are only implied or omitted altogether
by Blackstone. This book is thus an excellent companion to
Blackstone and a valuable primary source for the study of
eighteenth-century English common law. HEL XII:342-343. Sweet
& Maxwell 1:108.
97.
[Trial]. Kobler, John, Editor.
The Trial of Ruth Snyder and Judd Gray. With a History of the
Case. Garden City, N.Y.: Doubleday, Doran & Co., 1938. xiii, 377
pp. Plates. Cloth very good in moderately worn and faded dust
jacket. Owner bookplate to front pastedown, internally clean. $85.
* The
tawdry affair that culminated in the murder of Snyder's husband by
Snyder and her lover Judd Gray was one of the most sensational cases
of the 1920s. "Kobler's excellent summary of the case and chronology
serves as a preface to the trial transcript. In addition to several
rare photos, an appendix reproduces some of the correspondence
between Snyder and Gray discovered by police. The definitive study
of the case.": Fraser, Murder Cases of the Twentieth Century
416.
Congressional Report on
Reconstruction and The KKK
98.
[United States Congress]. Joint
Select Committee to Inquire into the Condition of Affairs in the
Late Insurrectionary States. [Ku Klux Klan].
Report [and Testimony] of the Joint Select Committee to Inquire
Into the Condition of Affairs in the Late Insurrectionary States.
Made To the Two Houses of Congress February 19, 1872.
Washington: Government Printing Office, 1872. Reprint. New York: AMS
Press, [1968]. Thirteen volumes. Softbound, negligible shelfwear,
internally pristine. $300.
* This
compilation of congressional testimony and trial transcripts from
southern courts analyzes the progress of reconstruction in North
Carolina, South Carolina, Georgia, Alabama, Mississippi and Florida.
The Joint Select Committee of the 42nd Congress (second session)
was established to investigate the effects of the Fourteenth Amendment
in the former Confederacy. Their report demonstrated that the
government had failed to guarantee the freedman's rights to life,
liberty and property. On the contrary, it outlined ways through
which the southern states had undermined the amendment through
the creation of Black Codes and other measures. Actions by private
citizens were especially alarming. The greatest threat was the
establishment and rapid growth of the Ku Klux Klan. The extensive
discussion of the Klan in these volumes makes this report one
of the most detailed chronicles of its activity during the Reconstruction
period. Taken together, these volumes offer an incomparable collection
of source materials for scholars of the Fourteenth Amendment and
the post-bellum south. Vol. I: Report to Congress, 627; Vol. 2:
North Carolina, [xvi] 592; Vols. 3-5: South Carolina, Parts I-III,
[xxxv] 1990; Vols. 6 & 7: Georgia, Parts I & II, [liii]
1217; Vols. 8-10: Alabama, Parts I-III, [lxxv] 2006; Vols. 11
& 12: Mississippi, Parts I & II, [lx] 1189; Vol. 13: Miscellaneous
and Florida, [xxii] 399 pp. See illustration below.
Studied by Adams and Story
99.
Vinnius, Arnoldus [Vinnen,
Arnold (1588-1657)].
Commentarius Locupletissimus, Academicus & Forensis, In Quatuor
Libros, Institutionum Imperialium. Leyden: J. Maire, 1642.
[xii], 1474, [30] pp. Contemporary vellum, blind frames and large
arabesques to boards, raised bands and lettering piece to spine,
edges rouged. Rubbing with some wear to extremities, lettering piece
and spine scuffed, spine ends and corners bumped boards slightly
bowed, ties lacking, vellum cracked through pastedowns. Title page
with large device printed in red and black. Light toning to portions
of text. Later annotations to front endleaves, interior otherwise
clean. $750.
* First
edition. Vinnius, a renowned Dutch jurist with an international
reputation, was Professor of Law at the University of Leiden. First
published in 1642, this famous treatise on Roman Law was the
standard text in European law schools during the seventeenth and
eighteenth centuries. Equally popular in America, it was studied by
such distinguished men as Adams and Story. The final edition was
edited by Johann Gottfried Heineccius and published in Lyons in
1767. Hoeflich, Roman and Civil Law and the Development of
Anglo-American Jurisprudence 6, 30. Dekkers 179 (3).
Not in Dekkers
100.
Vinnius, Arnoldus. Vinnius,
Simon [Vinnen, Simon] [c.1627-1652], Editor.
De Pactis Tractatus. Leyden: B. and A. Elzevier, 1646. [xii],
313, [9] pp. 12mo (2-3/4" x 5"). Contemporary vellum, hand-lettered
title to spine. Light soiling, spine ends and corners lightly
bumped, vellum just beginning to crack through pastedowns. Title
page with woodcut Elzevier solitaire device printed in red and
black. Light toning to portions of text, light foxing to a few
leaves. Annotations and signatures to endleaves, small library stamp
to title page, interior otherwise clean. An appealing copy from the
notable Elzevier Collection of the late Dr. J.J.W.R. Van Dijck.
$600.
* First
edition. This work, which was edited by his son, deals with the
Roman law of contracts. KVK locates 23 copies of this edition, 75
copies of all editions. Not in Dekkers. Willems 610. Ahsmann and
Feenstra, Bibliografie van Hoogleraren Aan de Leidse Universiteit
tot 1811 893.
101.
Vinogradoff, Paul.
Roman Law in Mediaeval Europe. London: Harper & Brothers,
1909. 136 pp. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN
00-039068. ISBN 1-58477-109-7. Cloth. $65.
* Traces
the history of the decay of Roman law and its revival in France,
England and Germany in a series of lectures given at the University
of London by the noted scholar. In his notes to Jones' edition of
Blackstone's Commentaries, William J. Hammond wrote "The
scholarly and interesting little book by Professor Paul Vinogradoff,
Corpus Professor of Jurisprudence in the University of Oxford,
entitled 'Roman Law in Mediaeval Europe' will give the student, in
brief compass, an illuminating account of this subject."
Commentaries on the Laws of England [1915] I:17. Of the later
second edition (1929) of this work, Max Radin wrote "The book is a
highly successful synthesis of an important and neglected period in
European legal history.": Harvard Law Review 43:150.
102.
Weber, Max [1864-1920].
Rheinstein, Max, Editor.
Max Weber on Law in Economy and Society. Translated from Max
Weber, Wirtschaft und Gesellschaft, Second edition, by Edward
Shils and Max Rheinstein. Cambridge: Harvard University Press, 1966.
lxxii, 363 pp. Cloth very good in moderately worn dust jacket. $65.
* A title
in the 20th Century Legal Philosophy Series. Weber was one of
the leading intellectuals of the twentieth century and one of the
founders of modern sociology. This book contains those parts of
Wirtschaft und Gesellschaft [Economy and Society] that
deal with the relationship between the social phenomenon "law" and
the other spheres of social life, especially the economic and the
political.
Admired Precursor to
Blackstone's Commentaries
103.
Wood, Thomas [1661-1722].
An Institute of the Laws of England; Or, The Laws of England in
Their Natural Order, According to Common Use. Published for the
Direction of Young Beginners, or Students in the Law; And of Others
That Desire To Have a General Knowledge in Our Common and Statute
Laws. London: Printed by E. and R. Nutt and R. Gosling, 1722.
[iii], xi, [i], 663, [33] pp. Handsome copperplate portrait
frontispiece. Folio (7-3/4" x 13-1/2"). Contemporary reversed calf,
raised bands, later lettering piece. Light rubbing, corners bumped
and worn, small glue stain along right edge of lettering piece, rear
joint starting, pastedowns partially detached, crack between front
free endpaper and following leaf. Negligible wormhole through center
of gutter near center of text block, chips and clean tears to fore
edges of a few leaves, occasional light foxing, some dampspotting to
index. Extensive eighteenth and nineteenth-century annotations to
preliminaries, a few brief annotations to text, interior otherwise
clean. $500.
* Second
edition. First published in 1720, Wood's Institute was
the only treatise until Blackstone's Commentaries to furnish
a comprehensive view of the common law. According to Holdsworth,
it was "the most important and the most popular of his books.
It was written, he tells us, to supply the want of a methodical
book on English law, which could be put into the hands of students
in the Inns of Court and the Universities." Blackstone held
it in high regard, stating "his work is undoubtedly a valuable
performance; and great are the obligations of the student to him,
and his predecessor Finch, for their happy progress in reducing
the elements of law from their former chaos to a regular methodical
science.'": HEL XII:419. Sweet & Maxwell 1:38.
See illustration below.
Four Works by an Important
English Civilian
104.
Zouch(e), Richard
[1590-1661]. Elementa
Jurisprudentiae, Definitionibus, Regulis & Sententiis Selectioribus
Juris Civilis, Illustrata; Acceserunt, Descriptiones Juris &
Judicii, Sacri, Militaris, et Maritimi. Leiden: Apud Johannem
& Danielem Elsevirios, 1652. [xii], 439 pp. Four works in
one with continuous pagination. First work preceded by general
title page, others preceded by half-titles. 12mo. (3" x 5").
Eighteenth-century red lacquered paper boards, gilt fillets and
calf lettering piece to spine, rouged edges. Rubbing with some
wear to spine ends, joints and corners, hinges cracked but secure,
front free endpaper lacking. Large Elzevier solitaire device to
title page. Portion of fore-edge cut from a leaf with no loss
to text, negligible worming to portion of text block's bottom
edge near gutter, a few minor tears. Later annotations to front
pastedown, signature to head of title page in tiny hand. Light
toning to text, interior otherwise fresh. An appealing copy in
an attractive binding from the notable Elzevier Collection of
the late Dr. J.J.W.R. Van Dijck. $1,000.
* One
of England's greatest civilians, Zouch(e) was an advocate of Doctors'
Commons, Judge of the High Court of Admiralty and Regius Professor
of Civil Law at Oxford. He published treatises on a broad range
of legal topics, and he is best known for his contributions to
international law. The present volume contains four important
treatises. Elementa Jurisprudentiae (1629) is an ambitious
general study that lays out a general theory of legal science.
It includes sections on the philosophy of law, civil law, military
law and maritime law. The other titles develop topics outlined
in Elementa Jurisprudentiae. Descriptio Juris et Judicii
Sacri (1636) concerns English ecclesiastical law, Descriptio
Juris & Judici Militaris (1640) addresses military law
and Descriptio Juris et Judicii Maritimi (1640)
deals with the law of ships and sea-borne cargo. According to
Willems, some copies of this title were printed by van der Marse,
de Croy and Hackius with counterfeit title pages. It is difficult
to distinguish these from copies produced by the Elzeviers. KVK
locates 8 copies of this edition, 12 copies of all editions. Willems
717. See illustration below.
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