 |
29. Cappelletti, Mauro.
Judicial Review in the Contemporary World. Second Edition.
Indianapolis: The Bobbs-Merrill Company, Inc., [1971]. xv, 117 pp.
Original cloth, gilt titles to front board and spine. Light
shelfwear, internally clean. $95.
30. Chafee, Zechariah [1885-1957].
State House Versus Pent House: Legal Problems at the Rhode Island
Race-Track Row. Providence, RI: The Booke Shop, 1937. xxii, 165
pp. Frontispiece. Plates. Map. Softbound, some shelfwear, light
fading to spine, small chip to head of spine, internally clean.
$95.
*
Based on a series of articles in the Harvard Crimson, this
book analyzes a bizarre episode in Rhode Island gaming history. A
1937 dispute regarding the legality of betting on horses led the
governor to declare martial law and deploy National Guard troops to
seize the racetrack at Narragansett Park. Chafee, a notable
professor at Harvard Law School, was descended from a distinguished
Rhode Island family and was a member of the state bar. 
The Underlying Legal Principles of the United States
31. Chiorazzi, Michael, and Marguerite Most, Editors.
Prestatehood Legal Materials: A Fifty State Research Guide,
Including New York City and the District of Columbia. Buffalo:
W.S. Hein, 2006. Two volumes. Cloth. New. $199.95
*
Unprecedented in its coverage of territorial government, this set
identifies a wide range of available resources from each state to
reveal the underlying legal principles that helped form the United
States. In this two-volume work, nearly 70 of the nation’s foremost
scholars share their incomparable knowledge with the legal research
community. It provides the reader with brief overviews of state
histories from the colonial or territorial days to their admission
to the union. It also covers issues relating to Native Americans,
inter-state, Mexican and Canadian borders, and the development of
the executive, legislative and judicial branches of state
government. 
Contains the First Publication of Vermont Reports
32. Chipman, Nathaniel [1752-1843].
Reports and Dissertations, In Two Parts. Part I. Reports of Cases
Determined in the Supreme Court of Vermont, in the Supreme Court of
the State of Vermont, in the Years 1789, 1790, and 1791. Part II.
Dissertations on the Statute Adopting the Common Law of England, the
Statute of Conveyances, the Statute of Offsets, and on the
Negotiability of Notes. With an Appendix, Containing Forms of
Special Pleadings in Several Cases; Forms of Recognizances; of
Justice Records; and of Warrants of Commitment. Rutland: Printed
by Anthony Haswell, for t[h]e author. 1793. 12mo. (4" x 6"),
Contemporary sheep, blind rules and remains of lettering piece to
spine. Some rubbing, a few scratches and tiny inkstains to boards,
corners bumped, front joint starting, hinges cracked but secure.
Early signatures to preliminaries and head of title page. Offsetting
to margins of endleaves, interior otherwise fresh. Appealing. $850.
*
First edition. According to McCorison, this early American treatise
contains the first publication of Vermont case reports. Nathaniel
Chipman, a Yale-educated attorney, is an important figure in the
early constitutional history of Vermont. Using advice from Hamilton,
with whom he corresponded, Chipman played a key role in Vermont’s
ratification. OCLC locates 35 copies. McCorison, Vermont Imprints
1778-1820 256. Cohen 5384. See illustration below. 

The Standard Treatise Used in
America in the Early Nineteenth Century
33. Chitty, Joseph [1776-1841].
A Treatise on the Law of Bills of Exchange, Checks on Bankers,
Promissory Notes, Bankers’ Cash Notes, and Bank-Notes. Portland:
Daniel Johnson, 1807. vii, [1], ii, 294 pp. Octavo (5" x 8").
Contemporary sheep, blind rules to boards, blind fillets and
lettering piece to spine. Light rubbing to extremities, a few minor
scuffs to boards. Toning, light foxing in a few places. Early
bookplate (of George Goodwin) to front pastedown, his signature to
front free endpaper. An appealing copy. $250.
*
Second American edition, a reprint of the 1799 London edition with
an addenda of new cases and an appendix of forms and statutes. This
was the standard treatise in the United States in the first half of
the nineteenth century. The first American edition was published in
1803; the twelfth in 1854. Marvin’s Legal Bibliography says
it is “a comprehensive collection and analysis of Statutes and
Decisions, and is not equalled in the variety and extent of its
learning by any similar production in our own or in any language”
(192). Cohen 2523. 

Notable for its Enlightened Views
34. Coccejus, Samuel, Freiherr von [1679-1755]. [Lauterbach,
W[olfgang] A[dam] (1618-1678)].
Jus Civile Controversum, Ubi Illustriores Juris Controversiae
Berviter et Succincte Deciduntur, Difficiliores Materiae
Explicantur, Objectiones Solide Soluuntur, et Legum Dissensus Nova
Saepe Ratione, Ubi Hactenus Satisfactum non Videtur, Conciliantur.
Opus ad Illustrationem Compendii Lauterbachiani, Cujus Seriem Quoque
Sequitur, Compositum. Frankfurt: Ex Officina Weidmanniana, 1753.
Two volumes. Quarto (7-1/4" x 9"). Contemporary rouged three-quarter
goatskin over marbled boards. Moderate rubbing, some scuffing to
boards, corners bumped. Attractive woodcut title page devices,
head-pieces, tail-pieces and decorated initials. Several unopened
signatures. Annotation in early hand to rear free endpaper of Volume
I, minor worming to rear pastedown of Volume II. Occasional light
foxing, interiors otherwise fresh. An appealing set. $900.
*
Third edition. First published in 1713-1718, Jus Civile
Controversum analyzes disputed topics in civil law through
philology and comparisons to natural law. It is notable for its
enlightened views, such as the wholesale rejection of torture. As
its title indicates, Coccejus follows the series of topics in
Lauterbach’s Compendium Juris Brevissimis (1678). High
Chancellor of Prussia under Frederick the Great and a notable
reformer, he drafted the Codex Fredericianus, which was
adopted in 1794. ADB 4:373-374. See illustration below. 

First American Edition of Coke Upon Littleton
35. Coke, Sir Edward [1552-1634].
The First Part of the Institutes of the Laws of England; Or, a
Commentary upon Littleton: Not the Name of the Author Only, But of
the Law Itself. Revised and Corrected, With Additions of Notes,
References, and Proper Tables by Francis Hargrave and Charles
Butler, Including Also the Notes of Lord Chief Justice Hale and Lord
Chancellor Nottingham: And an Analysis of Littleton, Written by an
Unknown Hand, 1658-1659. To Which Are Now Added, Considerable
Improvements, by Thomas Day. Philadelphia: Published by Johnson
and Warner, and Samuel R. Fisher, 1812. Three volumes. Octavo
(5-1/2" x 9"). Contemporary calf, lettering pieces, title lettered
to center of backstrips in early hand. Some wear to edges and
joints, a few minor scuffs to boards and backstrip, residue from
owner label to foot of each spine. Owner signatures to each front
free endpaper, occasional foxing. A well-preserved unrestored set.
$750.
*
First American edition, from the sixteenth English edition, 1809.
Text is unpaged with English and French (or Latin) texts in parallel
columns. “Coke Littleton has exercised a most wonderful and abiding
influence upon the common law.”: Marvin 205. Cohen 9451. 

First Systematic Work on Law in Scotland
36. [Craig, Sir Thomas] [1538-1608].
Jus Feudale Tribus Libris Comprehensum. Quod, Praeter Jus Commune
Longobardicum, Feudales Angliae Scotiaeque Consuetudines
Complectitur; Opus in Germania Dudm Desideratum. Accessit Huic
Editioni Summaria Terminorum Peregrinorum Explicato Alphabetico
Ordine Digesta, Cum Prefatione Luederi Menckennii, Icti.
Lipsiae: Apud Joh. Frid. Gleditsch & Filium, 1716. [40], 704, [15],
24 pp. Quarto (6-3/4" x 8-5/8"). Contemporary calf, raised bands and
gilt ornaments to spine. Moderate rubbing with wear to spine ends,
joints, board edges and corners. Occasional light foxing, interior
otherwise fresh. $800.
*
Later edition of a work first published in 1655. Jus Feudale,
in marked contrast with the compilations which preceded it, is an
original work. “Indeed Craig was the first systematic writer on law
in Scotland. The Jus Feudale is not a mere textbook of the
law of land rights, but is a learned disquisition upon a great
social system. The opening chapters are devoted to an examination of
the sources of law in general, and trace the history and development
of the Civil, Canon and Feudal laws. If Craig had accomplished no
more than that he would have been entitled to a foremost place
amongst our jurists, for unquestionably the form of his book not
only exemplified the philosophical outlook of the learned Scots
lawyer, but provided a model of construction and treatment for his
successors....”: Marke 41. Sweet & Maxwell 5:26. See illustration
below. 

A Proposed Code for the Church of England
37. [Cranmer, Thomas (1489-1556), Parker, Matthew [1504-1574]. Foxe,
John (1516-1587), Editor].
Reformatio Legum Ecclesiasticarum, Ex Authoritate Primum Regis
Henrici 8. Inchoata: Deinde per Regem Edouardum 6. Provecta,
Adauctaque in Hunc Modum, Atq; Nunc ad Pleniorem Ipsarum
Reformationem in Lucem Edita. London: Impensis Societatis
Stationariorum, 1641. [xvi], 303 pp. Quarto (5-1/2 x 7"). Later
calf, rebacked retaining original spine with gilt-edged raised bands
and lettering piece, gilt frames to boards. Light rubbing, some wear
to corners, a few small scuffs to boards, hinges reinforced, early
armorial book plate (of William Hart Coleridge) to front pastedown.
Attractive woodcut title-page device, head-pieces, tail-pieces and
decorated initials. Faint dampstaining to lower quarter of text
block, interior otherwise fresh. A nice copy. $750.
*
Third edition. The Reformatio Legum Ecclesiasticarum is an
expanded version of the Henrican Canons, a proposed revision of
Roman canon law intended for the new Church of England written in
1552 by a commission headed by Thomas Cranmer, the Archbishop of
Canterbury. One of the first acts of the English Reformation, it is
an important source of information about the state of English canon
law and church discipline in the mid-Tudor period. It is also an
important source of insights into the challenges faced by the
leaders of the reformed church. It was later amended by Matthew
Parker, who succeeded Cranmer, and edited by John Foxe, who
published it in 1571. Although it was never ratified by Parliament,
it was highly esteemed by later lawyers and was an unofficial
authority in ecclesiastical courts for many years. Wing,
Short-Title Catalogue of Books Printed in England, Scotland,
Ireland, Wales and British America C6828. 

With Fifteen Posters with Proclamations of Sentences
38. [Criminal Law]. [Italy].
Regolamento per le Udienze Delle Segreterie Della Grande Cancelleria
e de’ Memoriali. in Data 12 Decembre 1814.
Turin: Dalla Stamperia Reale, [1814]. 6 pp. Octavo (7" x 10").
[Bound with]
[Fifteen 9" x 14" Posters with Proclamations of Sentences].
Stab-stitched pamphlet with untrimmed edges bound into contemporary
three-quarter cloth over marbled boards, posters folded in thirds
and tipped-in to rear of volume. Light rubbing to extremities,
bookplate dated 1922 to front pastedown. Large woodcut arms of Turin
to title page of Regolamento and head of most posters. Top edges
lacking from most posters with some loss to images, occasional light
foxing, signatures to a few posters. A curious item. $750.
*
The first item in this volume is a list of regulations of the
Segreterie della Cancelleria in Turin. The following posters were
meant to be displayed in public areas. Many of these sentences are
quite interesting. One concerns a murder. Besides receiving life
sentences, the murderers were chained together and marched past the
gallows by the city hangman. Another man was convicted for stealing
silver devotional objects from a church. Placed before the public,
his hand was chopped off, then he was hanged. After the sentence was
executed his hand and body were burnt on a nearby pyre and his ashes
strewn to the wind. Taken together, these items are an interesting
window onto the administration of criminal justice in Northern Italy
in the early 1800s. 

“A Complete System of
His Majesty’s Revenue of Customs”
39. Crouch, Henry [d. 1732].
A Complete View of the British Customs. Containing, I. A Perfect
and Distinct Account of the Several Particular Branches Whereof that
Revenue Consists. II. The Former and Additional Books of the Rates
of Merchandizes, From Which Most of Those Branches are Chargeable
(...) All Calculated to the Utmost Exactness. Together With the
Several Rules, Orders, &c. Annexed to the Book of Rates. III.
Directions for, And Examples of, the Method of Computing the
Aforesaid Duties to be Paid and Repaid; With the Drawbacks and
Bounties on the Exportation of Several British Goods, &c. IV. The
Several Ports, Members and Creeks of Great Britain; The Lawful Keys,
Wharfs, &c. And the Fees Payable to the Officers of the Customs in
the Port of London: with the Duties of Scavage, Package, &c. Payable
to the Said City. V. An Index, Wherein is Comprehended the Substance
of the Several Laws Now in Force, Relating to the Customs, &c. The
Whole Being a Complete System of His Majesty’s Revenue of Customs.
Continued to the End of Session of Parliament, Anno Decimo Georgii
Secundi: With Such Alterations, And Additions, As Have Made it More
Useful Than the Former. London: Printed for John Baskett, 1738.
[iii], v-xiv, 564, [2] pp. includes 3 pages of publisher
advertisements. Tables. Octavo (5" x 8"). Recent period-style
quarter calf over cloth, raised bands and lettering piece to spine,
endpapers renewed. Toning to some leaves, occasional light foxing.
Ex-institution library. A small inkstamp and a small embossed stamp
to title page, embossed stamps to a few other leaves. An attractive
copy of a scarce title. $1,500.
*
Third edition. First published in 1724, a time when Great Britain
was consolidating its status as the world’s leading maritime power,
Crouch’s handbook is an encyclopedic account of English customs law.
As one would expect, it contains a great deal of information
relating to colonies. It went through five editions, the final in
1755. Taken together, they are a valuable source of information for
students of Atlantic history and the economic origins of the
American Revolution. OCLC locates 9 copies of this edition, 61
copies of all editions. Sweet & Maxwell 1:326 (38). See
illustration below. 

First American Edition of
Important Treatise on Real Property
40. Cruise, William [d.1824].
A Digest of the Laws of England, Respecting Real Property.
Carefully Corrected from the London Copy. New York: Printed for
Alsop, Brannon and Alsop, 1808. Five volumes. Octavo (5-1/2" x
9-1/2"). Contemporary law calf, blind frames to boards, lettering
pieces and blind rules to spines. Moderate rubbing with some wear to
board edges and joints, a few minor scuffs and stains, corners
bumped. Early bookplates to front pastedowns, signature to head of
each title page in fine early hand. Some offsetting to margins of
endleaves, interiors quite fresh otherwise. A nice set. $750.
*
First American edition, from the first London edition, 1804-1807, to
which it is starred. This popular digest of the laws of real
property was issued eight times in the United States between 1808
and 1856-1857. The standard work of its day, it was used as a
textbook at Harvard Law School. Marvin, who said it was “the best
book of the kind to be had until the publication of Kent’s
Commentaries,” attributed its popularity to its convenience,
large number of cases and “systematic analysis.”: Legal
Bibliography (1847) 243-244. Cohen 9459. 

English Sheriff’s Guide, 1700
41. Dalton, Michael [d. 1648?].
Officium Vicecomitum: The Office and Authority of Sheriffs:
Gathered out of the Statutes, and Books of the Common Laws of this
Kingdom...Purged from the Errors of all Former Impressions.
London: Printed by the Assigns of Richard Atkins and Edward Atkins,
1700. [iv], 564 [568], [28] pp. Folio (8" x 12"). Contemporary
quarter-calf over marbled boards, expertly rebacked in period style.
Occasional foxing, interior otherwise fresh. $750.
*
Fifth complete and last edition (abridged editions having appeared
in 1628 and 1651). Dalton’s Officium Vicecomitum was the
first work on the law of sheriffs and “continued to be a standard
authority until the beginning of the eighteenth century.”:
Holdsworth, History of English Law IV:119. Sweet & Maxwell
1:222(6). 

De Lolme’s Important Study
of the English Constitution
42. De Lolme, Jean Louis [1740-1806].
Constitution de l’Angleterre, ou Etat Du Gouvernement Anglois
Compare Avec La Forme Republicaine, et Avec Les Autres Monarachies
De L’Europe. Amsterdam: Chez E. Van Harrevelt, 1778. viii, 326
pp. Octavo (5" x 8"). Contemporary quarter calf over marbled paper
boards, lettering piece and gilt fillets to spine. Rubbing with some
wear to extremities, a few minor scuffs to boards, joints cracked
but secure. Light foxing to a few leaves, interior otherwise fresh.
An appealing copy of a scarce title. $750.
*
reissue of the second edition (1774), first published in French in
Amsterdam in 1771 and in English in London in 1772. This highly
regarded popular exposition of the English constitution went though
several editions well into the nineteenth century. Bentham, who
compared De Lolme to Blackstone, held it in high regard, as did
Benjamin Disraeli, who called De Lolme was the English Montesquieu.
(Originally from Geneva, De Lolme moved to London in 1761.) It was
the first book-length analysis of the separation of powers proposed
in Montesquieu’s Spirit of the Laws. In this respect it was
an important influence on many of the American founding fathers;
Hamilton cites it favorably in The Federalist. “This work has
been held in high estimation from its first publication, and still
holds a distinguished place. (...) It has been made the basis of
larger works upon the same subject, by Stephens and Western. Judge
Story remarks that the author `has presented a view of English
Equity Jurisprudence, far more exact and comprehensive than many of
the English text writers on the same subject’”: cited in Marvin 263.
Camus, Bibliotheque Choisie des Livres de Droit 3087. 

43. De Smith, Stanley A.
Judicial Review of Administration Action. Second Edition.
London: Stevens & Sons Limited, 1968. v, 629 pp. Cloth very good in
moderately worn dust jacket. $125. 
1816 Essay on Naturalization and Impressment
44. [Demoulin, Jean Francis, Presumed Author].
An Essay on Naturalization and Allegiance. Washington City:
Printed by Daniel Rapine, 1816. [5], 6-127, xv, [1] pp. Octavo (6" x
9"). Later quarter cloth over original paper boards, black-stamped
title to spine, untrimmed edges, some signatures unopened. Light
soiling, rubbing to extremities with some wear to corners, crack
between front free endpaper and following leaf. Toning, occasional
browning to fore-edges, light foxing to some leaves. A nice copy of
a scarce title. $650.
*
Only edition. This book was a reaction to Great Britain’s
impressment of British-born naturalized American sailors from
American ships. The British defended this practice by claiming that
men born as British subjects cannot renounce their citizenship. They
were thus eligible for impressment. The author of this essay refutes
this claim with evidence drawn from natural law and the law of
nations. This book is attributed to John Hay [1765-1830] in some
sources because it repeats the main points of Hay’s A Treatise on
Expatriation (1814). OCLC locates 24 copies. Cohen 2320. 

First American Edition of a Standard Work
45. Dwarris, Sir Fortunatus [William Lilley] [1786-1860].
A General Treatise on Statutes. Their Rules of Construction, and
the Proper Boundaries of Legislation and of Judicial Interpretation.
With American Notes and Additions.... by Platt Potter [1800-1891].
Albany: William Gould & Sons, 1871. xxiv, [33]-693 pp. Octavo
(5-5/8" x 9-1/4") Original sheep with red leather lettering piece.
Ownership lettering piece excised from upper spine leaving that
portion rubbed. Two innocuous ink stains on front cover. Front
pastedown and first flyleaf carry small tape remnants. Signature of
early owner on front pastedown. Text crisp. A solid, very good
copy. $750.
*
First American edition. Dwarris’s Treatise is a work upon the
construction and interpretation of statutes and constitutions, made
valuable to the American practitioner by the work of the New York
jurist, Platt Potter. It includes “an excellent statutory history of
the English law from Magna Carta down to the end of the reign of
George IV.” HLC I:587. 

By an “Unrivalled” Authority on Commercial Law
46. Emerigon, Balthazard-Marie [1716-1785]. [Hall, John E.,
Translator].
An Essay on Maritime Loans, From the French; With Notes: To Which
is Added an Appendix, Containing the Titles De Exercitoria Actione,
De Lege Rhodia de Jactu, and De Nautico Foenore, Translated From the
Digest and Code of Justinian. And the Title Des Contracts a la
Grosse Aventure ou a Retour de Voyage, From the Marine Ordinance of
Louis XIV. Baltimore: Published by Philip H. Nicklin & Co.,
1811. xvi, [17]-313, [1] pp. Octavo (5" x 8-1/2"). Recent
period-style quarter calf over original sheep boards, gilt fillets
and lettering piece to spine, endpapers renewed. Rubbing and a few
scuffs to boards with some wear to corners. Very light browning to
text, light foxing to a few leaves. A nice copy. $850.
*
Only American edition, translated and edited by John E. Hall. With
notes and references to English and American cases. Emerigon was the
leading French authority on commercial law. His work was held in the
highest regard by English and American jurists. James Kent observed
that “no subject in Emerigon is discussed without being exhausted.”
Lord Ellenborough said he was an “unrivalled” theorist and practical
writer. This treatise on bottomry and respondentia is a useful
companion to his treatises on maritime law and maritime insurance.
Citations from Marvin 293. 

“The Leading Dutch Jurist of His Time”
47. Everaerts (Everardus), Nicholas [1462-1532].
Loci Argumentorum Legales. Lyons: Guliel Rouillium, 1564.
[lviii], 871 pp. Octavo (4" x 6-1/2"). Contemporary vellum. Light
shelfwear and a few minor stains. Attractive woodcut vignette to
title page. Notes to margins in early hand in a few places. $850.
*
Later edition. First published in 1552, this treatise on the
interpretation and construction of Roman and canon law went through
several editions and issues. An important legal humanist, Everardus
was president of the Court of Holland and the Great Council of
Mechlin. According to Walker, he was the “leading Dutch jurist of
his time [and] one of the earliest authorities on Roman-Dutch law.”:
The Oxford Companion to Law 441-2. Not in Dekkers. This
edition not in Adams or the BMC.
See illustration below.  
Uncommon Scottish Law Library Catalogue
48. Faculty of Advocates, Edinburgh.
Catalogue of the Printed Books in the Library of the Faculty of
Advocates. Edinburgh and London: William Blackwood and Sons,
1867-1879. Seven volumes. Main text printed in double columns.
Complete set. Quarto (9" x 11"). Later quarter cloth over paper
boards, calf lettering pieces to spines, endpapers renewed. Corners
and spine ends bumped, light shelfwear to boards and lettering
pieces. Light foxing to preliminaries of some volumes, interiors
otherwise fresh. A nice copy of a set uncommon in the trade.
$1,000.
*
This is the first catalogue of the finest Scottish law library of
its day and one of the most significant libraries in the United
Kingdom. It was founded in Edinburgh in 1682 by Sir George MacKenzie
of Rosehaugh [1636-1691], the important Scottish Jurist and Lord
Advocate. It went on to form the nucleus of the Scottish National
library. The entries list format. Some have brief annotations.
Although most of the entries deal with legal matters, other fields
are represented. In all, this catalogue indicates the quality of
this library and the published resources available to its patrons.
See illustration below. 

49. Fairman, Charles.
History of the Supreme Court of the United States. Volume VI,
Part One: Reconstruction and Reunion 1864-88. New York: The
Macmillan Company, [1971]. xix, 1540 pp. Illustrated. Gilt stamped
cloth, top edge gilt. Light shelfwear, internally clean. $45.
*
First edition. A volume in The Oliver Wendell Holmes Devise,
a series renowned for its outstanding scholarship. 
With a Presentation Inscription by Frankfurter
50. Frankfurter, Felix [1882-1965]. Elman, Philip, Editor.
Of Law and Men: Papers and Addresses of Felix Frankfurter,
1939-1956. New York: Harcourt, Brace and Company, [1956]. xiii,
364 pp. Cloth very good in moderately worn dust jacket. Presentation
inscription by Frankfurter to front free endpaper, internally
clean. $550.
*
First edition. The inscription reads: “For Rodolfo Batiza,/ who must
have virtues/ to deserve to be, and/ gathers he does, the/
brother-in-law of/June White,/ With the good wishes of/ Felix
Frankfurter/ July 18, 1956” Batiza was an important scholar of
Louisiana’s legal history. June White was the wife the famous
journalist Theodore White. Frankfurter’s book has four parts: “Law
and the Judicial Process,” “The Judicial Process in Action,”
Directions of American Democracy” and “In Memoriam,” a collection of
thirty-four tributes to men Frankfurter knew and admired. 

First Edition, London, 1759
51. [Franklin, Benjamin [1706-1790], Attributed to]. [Jackson,
Richard].
An Historical Review of the Constitution and Government of
Pennsylvania, From Its Origin; So Far as Regards the Several Points
of Controversy, Which Have, from Time to Time, Arisen Between The
Several Governors of that Province, and Their Several Assemblies.
Founded on Authentic Documents. London: R. Griffiths, 1759.
viii, [18], 444 pp. Octavo (5" x 8") Contemporary speckled calf,
rebacked in period style with raised bands and lettering piece,
maroon lettering piece. Some rubbing to boards with wear to corners
and edges. Hinges cracked but secure, first and final gatherings
detached, lower corner lacking from a leaf with no loss to text.
Negligible worming to bottom edges of a few leaves. Early owner
signature to front free endpaper, browning and some chipping to
edges of endleaves, interior otherwise fresh. $800.
*
First edition. A skillful argument for the rights of the
Pennsylvania Assembly over those of the proprietary government. The
idea for this book originated with Franklin, who was sent to London
by the Assembly in 1757 to represent the colony in a tax dispute
with the Proprietors (descendants of William Penn living in Great
Britain). Franklin was believed to be its author for many years. He
denied the attribution, however, in a letter to David Hume. Though
Franklin certainly provided much of its material, the actual author
was Richard Jackson, his co-agent in London. Winegrad and Pegler,
The
Intellectual
World of Benjamin Franklin
70. Sabin, A Dictionary of Books Relating to America 25512,
25513. Ford, Bibliography of Benjamin Franklin 253. 

Early Treatise That Addresses
Attachment and Garnishment
52. Gail[l], Andreas von [1526-1587].
Practicarum Observationum, Tam ad Processum Iudiciarium:
Praesertim Imperialis Camerae, Quam Causarum Decisiones
Pertinentium, Libri II. De Pace Publica, & Proscriptis, Sive
Bannitis Imperij, Libri II. de Pignorationibus Liber I Editio
Quarta, Auctior & Castigatior ex Postrema Authoris Recognitione.
Accessit Nunc Demum Eiusde Authoris Tract. Singularis, De Manuum
Iniectionibus, Siue Arrestis Imperij. Adiecta Sunt Summaria,
Indicesq Verborum, Rerum, Sententiarumq Insignium, Locupletissimi.
Cologne: Apud Ioannem Gymnicum, Sub Monocerote, 1586. [xliv], 567,
[152] pp. Octavo (4-1/2" x 7-1/4"). Contemporary vellum,
gilt-stamped arms to front and rear boards, ties lacking. Light
soiling and a few tiny stains to binding, slight bowing to boards,
joints just starting near head and foot. Attractive woodcut
printer’s device and colophon. Early owner initials and annotation
to front pastedown, occasional underlining to text, interior
otherwise clean. Appealing. $850.
*
Fourth edition. With table and index. Gail[l] was a German judge and
legal scholar. First published in 1578, this book deals with issues
relating to mortgages and the attachment and garnishment of property
as defined by the constitution of the Holy Roman Empire. This
popular work was edited and annotated several times, and it
influenced the development of the Dutch law of procedure. OCLC
locates two copies of this edition. Walker 510. This edition not in
the BMC. 

“Monumental” French Treatise Maritime Law
53. Gidel, Gilbert [1880-1958].
Le Droit International Public de la Mer: Le Temps de Paix.
Paris: Imprime Par les Etablissements Mellottee Chateauroux,
1932-1934. Three volumes. Four fold-out plates. Original printed
wrappers bound into contemporary quarter-morocco bindings with
raised bands marbled boards, marbled endpapers and ribbon markers.
Some rubbing and shelfwear, a few small scuffs to spines, internally
clean. A handsome set. $750.
*
Volume I: “Introduction-La Haute Mer”; Volume II: “Les Eaux
Interieures”; Volume III: “La Mer Territoriale et la Zone Contigue.”
“[A] truly great treatise—a monument of exhaustive research, ripe
learning, skill in presentation, and wisdom in utterance, the four
essential conditions of that rare thing, a magnum opus.”:
J.S. Reeves, American Journal of International Law 30:165
cited in Marke 623. 

“The Book is Rare”
54. [Great Britain]. [Law Reports].
Speciall and Selected Law-Cases, Concerning the Persons and
Estates of All Men Whatsoever. Collected and Gathered Out of the
Reports and Year-Books of the Common-Law of England. London:
Printed by M.F. and are to be sold by William Cooke, 1641. [6], 303
pp. Quarto (5" x 7"). Recent period-style quarter calf over cloth,
raised bands and lettering piece to spine, endpapers renewed.
Woodcut head-pieces and title-page ornament, head-piece above Table
neatly excised, lacking text from verso supplied in facsimile.
Occasional browning and faint dampstaining, minor worming to
preliminaries, some wear to edges of preliminaries and final few
leaves. Interesting contemporary annotations to margins. Ex-library.
Tiny stamp to head of title page. An appealing copy of a rare
title. $1,250.
*
First edition. According to Wallace, “[t]he book is rare....[It]
contains a good many MS. cases from the reign of Henry VIII. to the
end of Elizabeth’s, stated pretty much in the manner in which points
are stated in Fitzherbert’s Natura Brevium; but the
authorities vouched are generally from the Year Books.” The
cases are digested under the following heads: “Of Rents,” “Of Dower
Women,” “Of Bargains and Contracts,” “Of Waste,” “Of Emblements,
Corne Sowne,” “Of Property of Goods,” “Of Replevin and Second
Deliverance,” “Of Attachment, And Distresse,” “Of Lands Given to
Charitable Uses Good, The Statute of 2.3.H.8.,” “Actions of
Detinue,” “Of Executors,” “Of Obligations, Debts,” “Of Execution”
and “Of Leases, Reservations, Reentries.” A second edition was
published in 1648. Little has changed since Wallace’s day; OCLC
locates 1 copy of the 1641 edition at Yale Law School and 4 copies
of the 1648 edition at the California State Library and the law
libraries of the University of Wisconsin, the University of Chicago
and Washington University, St. Louis. Another 1641 copy located at
the Library of Congress. Wallace, The Reporters (1882)
282-183. Sweet & Maxwell, A Legal Bibliography of the British
Commonwealth 1:309 (122). See illustration below. 

A Lovely set of Redfield’s
Edition of Greenleaf on Evidence
55. Greenleaf, Simon. [1783-1853]. [Redfield, Isaac F., Editor].
A Treatise on the Law of Evidence. Carefully Revised, With Large
Additions. Boston: Little, Brown, and Company, 1866-1868. Three
volumes. Octavo (6" x 9"). Contemporary law calf, red and black
lettering pieces, blind-stamped frame to boards. Light rubbing and a
few minor scuffs to joints and corners. Small bookseller tickets to
each front pastedown. Spotting to pastedowns and front free
endpapers, offsetting to margins of endleaves, interiors otherwise
clean. A handsome unusually well-preserved set. $750.
*
Twelfth edition: volume I; tenth edition, volume II; eighth edition,
Volume III. Greenleaf succeeded Joseph Story as Dane Professor of
Law at Harvard, and played a leading role in the development of its
law school. His seminal treatise on evidence was published in three
volumes between 1842 and 1853. The first important American work on
the topic, it freed the bar from its dependence on English sources.
It remained the standard work for nearly half a century until it was
superseded by Wigmore on Evidence (1904-1915). This is the
first edition that was not produced by Greenleaf. It is a complete
work that was issued over the course of three years; Little, Brown
used common edition numbers for the volumes of subsequent editions.
HLC I:827. See illustration below. 

Handsome Critical Edition of De Jure Belli ac Pacis
56. Grotius, Hugo [1583-1645]. De Kanter-van Hettinga Tromp, B.J.A.,
Editor.
De Jure Belli Ac Pacis Libri Tres: in Quibus Jus Naturae &
Gentium: Item Juris Publici Praecipua Explicantur. Leiden: E.J.
Brill, 1939. xvi, 917 pp. Folio (9" x 12-1/2"). Original three
quarter leatherette over linen boards, raised bands and gilt title
to spine. Negligible rubbing to extremities. Title page printed in
red and black, text decorated with facsimiles of woodcut
head-pieces, tail-pieces and decorated initials from the first
edition. Internally fine. A handsome book. $500.
*
A critical edition based on the editions prepared by Grotius with
extensive annotations and references to individual editions. First
published in 1625, The Law of War and Peace established the
framework of modern international law. It describes the situations
in which war is a valid tool of law enforcement and outlines the
principles of armed combat. Though based on Christian natural law,
it advanced the novel argument that its system would still be valid
if it lacked a divine basis. In this regard it pointed to the future
by moving international law in a secular direction. Ter Meulen et
Diermanse, Bibliographie de Grotius 617. 
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