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Lord Kames on Equity, Final Authorial Edition
74. Kames, Henry Home, Lord [1696-1782].
Principles of Equity. Edinburgh: Printed for J. Bell, and W.
Creech, 1778. Two volumes. Octavo (5" x 8-1/4"). Contemporary calf,
raised bands and lettering pieces to spines, speckled edges. Some
minor scuffs to boards, light rubbing to extremities. Offsetting to
margins of endleaves, interiors otherwise fresh. A well-preserved
set. $1,200.
* Third edition. Revised and corrected, this was the last edition
published in Kames’s lifetime, and the definitive authorial text.
The leading Scottish jurist of his day and an important figure of
the Scottish Enlightenment, Lord Kames was an influence on David
Hume, James Boswell and Adam Smith. Kames’s commitment to
Enlightenment principles influenced the design of his treatise on
equity on Scottish law, which reduces the subject to “a regular
system” that puts each element “in its proper place” (xii). Kames
intended to begin this book with a “preliminary discourse on
morals,” but he left it out in order “bring this edition within a
moderate price” (xii). (This preface was later included in his
Sketches of the History of
Man.)
OCLC locates 22 copies of this edition. Sweet & Maxwell 5:57.
See illustration below.
 
Treatise on the Hanseatic Laws That
Includes Their First Edition in Latin
75. Kuricke, Reinhold [1610?-1667].
Jus Maritimum Hanseaticum, Olim Germanico Tantum Idiomate Editum,
Nunc Vero Etiam in Latinum Translatum, & ad Singulos Titulos
Eorumque Articulos Commentariis & Dissertationibus Juridicis,
Politicis, Historicisque Illustratum, Nec Minus cum Legibus Antiquis
Rhodiorum, Romanorum, Wysbicensium, Caroli V. & Philippi II.
Hispaniarum Regum, Variorum Deniq: Regnorum Civitatumq: Statutis,
Juribus & Plebiscitus Collatum, ac Firmatum. Accesserunt Diatriba de
Assecurationibus: Item Variae Illustres Quaestiones ad Jus Maritimum
Pertinentes. Hamburg: Sumptibus Zachariae Herteli, 1667. 258,
120 pp. Text of Hansa Laws with Latin translation in parallel
columns. Quarto (6" x 7-1/2"). Recent three-quarter cloth over
marbled boards, gilt title to spine, endpapers renewed. Title page
printed in red and black. Underlining and check marks in a few
places. Light browning, negligible worming in a few places with
negligible loss to text, occasional light foxing. A nice copy of a
scarce title. $1,500.
* Only edition. Adopted in 1591, the Hanseatic or (Hanse) laws
governed maritime trade among the cities of the Hanseatic League, a
group that included Lubeck, Hamburg, Stockholm, Krakow and Wisby. It
was authoritative in northern Europe and an important influence on
the development of maritime law in Europe, Great Britain and the
Americas. Written by a state official from Danzig (Gdansk), Jus
Maritimum Hanseaticum is a thorough treatise on the laws and
their history. Especially interesting is the section in which he
compares the Hanse laws to the Rhodian Laws, Roman law, the Laws of
Wisby and the laws of Holy Roman Emperor Charles V and Philip II of
Spain. KVK locates 17 copies. 6 copies located in North America at
the Library of Congress, Harvard Law School, University of Virginia
Law School and the Universities of Kansas, Minnesota and South
Carolina. BMC 6:734. See illustration below.
French Edition of the Institutiones Juris Canonici
76. Lancelotti, Giovanni Paolo.
Institutiones Iuris [Juris] Canonici, Quibus Jus
Pontificium Singulari Methodo Libris Quatuor Comprehenditur.
Praefixa est I.D.A.P. Historica Juris Pontificii Synopsis cum
Syllabo Pontificum Romanorum, & Conciliorum; Inserta Item Ejusdem
Opera sub Titulis Institutionum, Decreta Concilii Tridentini Eodem
Pertinentia, Quibus Novi Juris Aliquid Constituitur, Aut Vetus
Innovatur: Adjeactae Quoque Appendicis Loco, Regulae Cancellariae
Romanae, Indicatis ad Calcem iis Quae Communi Usu Receptae, In
Gallia Observantur. Paris: Apud Viduam Aegidii Alliot, 1675. Two
parts. [xxii], 452, [2], 58, [64] pp. Second part preceded by
divisional title page. Octavo (3-1/4" x 5-3/4"). Contemporary
mottled calf, gauffered edges to board, gilt spine with raised
bands, speckled edges. Light rubbing to boards, moderate rubbing to
extremities, small piece of calf lacking from for-edge of front
board, corners bumped, small chip to head of spine, front pastedown
partially loose, rear pastedown lacking. Attractive woodcut
head-pieces, tail-pieces and decorated initials. Faint dampstaining
and finger smudges in some places, interior otherwise fresh. A nice
copy of a rare edition of a scarce title. $750.
* Second French edition. Also known as the Appendix Pauli
Lancelotti, this is a textbook in the manner of the
Institutes from the Corpus Juris Civilis. It was first issued in
1563. Though it is appended to most editions of the Corpus Juris
Canonici, it was never officially adopted by the church. It went
through several editions and imprints. This 1675 Paris edition
contains the resolutions of the Council of Trent and observations
about the role of canon law in France, which summarize the main
points of Gallicanism. This edition not in the BMC, Camus or
the Canon Law Collection in the Library of Congress. KVK
locates 3 copies, OCLC locates 1.
77. Llewellyn, Karl N. [1893-1962], and E. Adamson Hoebel.
The
Cheyenne Way.
Norman: University of Oklahoma Press, [1953]. ix, 360 pp.
Frontispiece. Cloth very good in moderately worn dust jacket. $50.
* Second printing. First published in 1941, this study of Cheyenne
law and custom, which was based on field work undertaken in the
1930s, is a classic study of comparative law and a landmark in the
development of American jurisprudence.
Handsomely Bound Early Edition of
Locke’s Two Treatises
78. Locke, John [1632-1704].
Two Treatises of Government: In the Former, The False Principles
and Foundation of Sir Robert Filmer, And His Followers, Are Detected
and Overthrown. The Later is an Essay Concerning the True
Original, Extent, and End of Civil-Government. London: Printed
for Awnsham and John Churchill, 1698. [vi], 358 pp. Octavo (5" x
8-1/2"). Recent period-style quarter calf over cloth, raised bands
and lettering piece to spine, endpapers removed, title page
re-hinged. “Two” rubbed away from title on title page, clean tear to
one leaf with no loss, worming to a few others with minor loss.
Light soiling to title page, toning to text, internally clean. A
handsomely bound copy of a scarce edition. $2,000.
* Third edition. “[Locke] has two purposes in view: to refute the
doctrine of the divine and absolute right of the Monarch, as it had
been put forward by Robert Filmer’s Patriarcha, and to
establish a theory which would reconcile the liberty of the citizen
with political order. (...) The constructive doctrines which are
elaborated in the second treatise became the basis of social and
political philosophy for generations. Labor is the origin and
justification of property; contract or consent is the ground of
government and fixes its limits. Behind both doctrines lies the idea
of the independence of the individual person. The state of nature
knows no government; but in it, as in political society, men are
subject to the moral law, which is the law of God. Men are born free
and equal in rights.”: Internet Encyclopedia of Philosophy.
Sweet & Maxwell 1:610 (52).
“Remarkable” Cases on Witchcraft, Wife Beating,
Insanity and Other Matters
Selected and Annotated by Mackenzie
79. [Mackenzie, Sir George (1636-1691), Compiler].
Pleadings, In Some Remarkable Cases, Before the Supreme Courts of
Scotland, Since the Year 1661. To Which the Decisions are Subjoyn’d.
Edinburgh: Printed by the Heirs and Successors of Andrew Anderson,
1704. [viii], 295 pp. 12mo. (3" x 5"). Contemporary sheep, blind
rules to boards, raised bands to spine. Rubbing to extremities with
some wear to spine ends and corners, a few scuffs to boards, binding
slightly cocked, hinges cracked but secure, front free endpaper
lacking, margins trimmed closely with no loss to text. “By Sir
George
Mackenzie of Rosenhaugh” in fine early hand to title page.
Offsetting to margins of title page and final leaf, interior
otherwise clean. An appealing copy of a scarce title. $950.
* Third (and final) edition. First published in 1672, MacKenzie’s
“remarkable” collection of 18 pleadings is prefaced by “The Author’s
Reflections Upon These Pleadings.” Most examples have a brief
heading that indicates its significance, such as “How Fury and Lucid
Intervals May be Proven.” Among this group is a pleading “For
Maevia, Accused of Witchcraft” and “For Titius, Accused Before the
Secret Council for Beating His Wife.” Mackenzie was Lord Advocate
during the reigns of Charles II and James II. Best known for his
role in the persecution of Scottish Presbyterians, which earned him
the nickname “Bloody MacKenzie,” he was in important jurist, scholar
and author, and the founder of the Advocates Library, which is now
part of the National Library of Scotland. OCLC locates 5 copies of
this edition, 17 copies of all editions. Sweet & Maxwell 5:74.
See illustration below.
Francois-Xavier Martin on
Executors and Administrators
80. Martin, Francois-Xavier [1762-1846].
A Treatise on the Powers and Duties of Executors and
Administrators, According to the Law of North-Carolina. Newbern:
Martin & Ogden, 1803. xvi [i.e. xii], 320 , [8] pp. Octavo (5" x
8-1/2"). Contemporary sheep, near-contemporary (frontier-style)
muslin rebacking retaining original lettering piece, rubbing and a
few scuffs to boards, free endpapers excised. Early bookplate (of
W.H. Shankland, Jr.) to front and rear pastedowns, his and another
man’s signature to head of title page. Contemporary ownership
signatures. Light foxing in a few places, interior otherwise clean.
$1,500.
* First
edition. With forms. Martin’s treatise is derived from Sir Samuel
Toller’s The Law of Executors and Administrators. (It is
unclear whether he used the 1800 or 1803 edition.) Toller is copied
almost verbatim, omitting the parts that derive authority from
British statutes not recognized in North Carolina. These sections
are replaced with original material. A posthumous second edition
edited by “a gentleman of the profession” was published in 1820. An
important figure in the legal history of the south, Martin was a
French-born lawyer, judge, author, translator, printer and
historian. His career began in North Carolina; he later moved to the
Louisiana territory, where he played the central role in the
reorganization of the legal system. Appointed attorney-general when
Louisiana became a state, he is considered the father of Louisiana
jurisprudence. OCLC locates 18 copies of the first edition. Cohen
4645. See illustration below.
Uncommon Important
American Treatise on Shipwrecks
81. Marvin, William.
A Treatise on the Law of Wreck and Salvage. Boston: Little,
Brown and Company, 1858. [8], xvi, 375 pp. Includes eight-page
publisher catalogue. Octavo (6" x 9-1/2"). Recent period-style
quarter calf over cloth, blind fillets and lettering piece to spine,
endpapers renewed. Light foxing to publisher catalogue, toning to
text, internally clean. $850.
* Only edition. “A republication of the rules of the District Court
of the United States for the Southern District of Florida having
become necessary for the use of the court and bar, it occurred to
the author, that a brief exposition of the outlines of Practice in
salvage causes, in this District, and of the principles applicable
to their decision, published with the Rules, would prove useful to
himself, in the discharge of his official duties, and not wholly
uninteresting to others, employed in the profession of the law, or
in the pursuits of commerce.”: Preface [iii]. Marvin was a judge of
the U.S. District Court for the Southern District of Florida, which
sat in Key West. OCLC locates 51 copies. Cohen 1596.
The Oldest Written Constitution in Use Today
82. [Massachusetts].
Journal of the Convention for Framing a Constitution of
Government for the State of Massachusetts Bay, From the Commencement
of their First Session, September 1, 1779, To the Close of Their
Last Session, June 16, 1780. Including a List of the Members. With
an Appendix-Containing 1. The Resolve for Ascertaining the Sense of
the People on the Subject of a New Constitution. 2. The Form of
Government Originally Reported by the General Committee of the
Convention. 3. The Address to the People. 4. The Constitution as
Finally Agreed Upon by the Convention, and 5. The Rejected
Constitution of 1778. Published by Order of the Legislature.
Boston: Dutton & Wentworth, Printers to the State, 1832. [v], 6-264
pp. Octavo (5-1/2" x 8-3/4"). Contemporary sheep, blind fillets to
boards, lettering piece and blind fillets to spine. Light rubbing to
extremities with minor wear, a few tiny scuffs to boards, front
joint cracked near spine ends. Early owner siganture to title page.
Light foxing and toning in a few places, interior otherwise fresh. A
well-preserved copy. $250.
*First
edition. Drafted primarily by John Adams and enacted in 1780, the
Massachusetts Constitution is the oldest written constitution that
is still in use. A crucial primary source, the Journal is the
first complete account of the convention that framed it. Babbitt,
Hand-List of Legislative Sessions and Session Laws 241.
The Legal Status of Mother and Child
83. McCulloch, Catherine Waugh [b.1862].
Mr. Lex, Or The Legal Status of Mother and Child. Chicago:
F.H. Revell, 1899. 85 pp. Octavo (4" x 6-1/2"). Original cloth,
black-stamped titles to front board and spine. Light soiling and
Shelfwear. Signature of Lola B. Miller to front free endpaper,
internally clean. A very good copy of an uncommon title. $350.
* Sole edition. A legal treatise in the form of a novel about the
Lex Family. The author, an attorney, was instrumental in the passage
of Illinois legislation that granted women equal rights in the
guardianship of their children. Lola B. Miller was the first
president of the Iowa Suffrage Memorial Commission.
1901 Treatise on Jewish Marriage Law
84. Mielziner, M[oses] [1828-1903].
The Jewish Law of Marriage and Divorce in Ancient and Modern Times
and Its Relation to the Law of the State.
New York: Bloch Publishing Company, 1901. 149, [2] pp., [1] pp.
Original cloth, light rubbing to extremities, notes in pencil to
endleaves and some text leaves. $125.
* Second revised edition. “[P]roper attention has been paid to the
provisions of the Common Law and the laws of the various states of
the Union on the subject, so that the relation of the Jewish law to
the law of the land is in some cases more clearly exhibited. Only
works which are recognized as authorities in America have been
referred to, namely, Kent’s Commentaries, Bouvier’s Institutes, and
especially Bishop on Marriage and Divorce” (8).
85. Morey, William C.
Outlines of Roman Law: Comprising its Historical Growth and
General Principles. New York: G.P. Putnam’s Sons, [1914]. xiii,
437, [2] pp. Original cloth, light shelfwear, some fading to spine.
Owner signature to front free endpaper, internally clean. $65.
Rare Fictionalized Account of
a Famous Chicago Murder
86. [Murder]. [Chicago]. [Trussell, George].
Sin in Silk. [Chicago?, c.1870]. 98 pp. 11 full-page woodcut
illustrations. Octavo (6" x 8-1/2"). Original pictorial wrappers,
soiled and slightly detached, spine chipped, browning to text.
Rare. $250.
* A fictionalized (and salacious) account of a famous Chicago
homicide. George Trussell, a gambler, turfman, butcher and
electrician, was murdered by his mistress, Mollie Trussell (no
relation), a former prostitute, in a saloon. No copies found on
OCLC. Not found in Hollis.
87. National Commission on Product Safety.
Final Report Presented to the President and Congress. June, 1970.
[Washington, DC: US Government Printing Office, June 1970. xiv, 167,
32 pp. Charts. Softbound, some shelfwear, lower corner lacking from
front cover, internally clean. $45.
Final Report of the National Monetary Commission
88. National Monetary Commission. United States.
Proposed Codification of the National Banking Laws.
[Washington, DC: Government Printing Office, 1912]. 107 pp. Quarto
(9" x 11"). Attractive three quarter morocco over pebbled cloth,
raised bands and gilt titles and “Eugene Hale”
to spine, marbled
endpapers and edges. Light shelfwear, some discoloration and tiny
stain to front board, boards slightly bowed. Internally fresh. A
handsome copy. $150.
* National Monetary Commission was a study group established by
Congress after the Panic of 1907. Charged with the reform of the
American banking system, the Commission issued 30 authoritative
reports and surveys from 1909 to 1912. They formed the basis of the
Federal Reserve Act of 1913, which established the Federal Reserve
system. This presentation copy was given to Maine Senator Eugene
Hale [1836-1918], a member of the Commission.
89. New York Court of General Sessions.
Presentment of the
New York County Regular Grand Jury for the May, 1934 Term on the
Parole Systems of the City and State of New York.
[New York: s.n., 1934]. 150, [1] pp. Softbound, some shelfwear and
soiling, binding slightly cocked, early owner signature to head of
front cover. Faint dampstaining to some leaves at the rear of text,
interior otherwise clean. $75.
* “We are satisfied that the paroling of prisoners is sound in
principle, but we find that the application of that principle leaves
much to be desired “ (1). OCLC locates 5 copies.
A “Remedial Code” for Slavery
90. Nott, Samuel [1788-1869].
Slavery, And the Remedy; Or, Principles and Suggestions for a
Remedial Code. Boston: Crocker and Brewster, 1856. 118 pp.
Octavo (5-1/2" x 9"). Stab-stitched pamphlet in printed wrappers,
some edgewear and discoloration, small chip and a few tiny inkstains
to rear cover. Light foxing to a few leaves, interior otherwise
fresh. $150.
* Third edition, and the first edition with commentary on the Dred
Scott decision. Like his better known father of the same name,
Samuel Nott was a Congregational clergyman and missionary. First
published in 1856, Slavery, and the Remedy argued that
slavery was a state rather than a federal issue, and thus to be
solved by the individual states. In order to assist this effort he
proposed a “Remedial Code” to reduce the evils of slavery until it
could be eliminated. OCLC locates 31 copies of this edition. Cohen
9863.
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