 |
75. Horton, John Theodore.
James Kent: A Study in Conservatism, 1763-1847.
New York: D. Appleton-Century Co., [1939]. Reprint. New York: DaCapo
Press, 1969. xi, 354 pp. Original cloth, some shelfwear, internally
clean. $65.
* “This volume was originally printed in 1939 and is one of the
outstanding biographies.... This book is well balanced and is a
pleasure to read. It is well that this volume is now in print.”:
American Journal of Legal History 14 (1970) 277. 
Near-Contemporary Analysis of Pufendorf, Burlamaqui and Wolff
76. Huebner, Martin [1723-1795].
Essai Sur L’Histoire du Droit Naturel.
London: [n.p], 1757-1758. Two volumes. Octavo (5" x 7-1/2").
Contemporary limp paper boards with hand-lettered titles to spine,
untrimmed edges, some signatures unopened. Some soiling, extremities
bumped, chip to front joint of Volume II. Light foxing in a few
places, interiors otherwise fresh. A well-preserved copy. $2,000.
* Only edition. This is an important essay on the development of
natural law from antiquity to the mid-eighteenth century with an
emphasis on Grotius, Hobbes, Pufendorf, Burlamaqui and Wolff. The
sections of the latter three jurists are especially interesting
because they are the observations of a near-contemporary. KVK
locates 14 copies, 9 in the U.S. BMC 12:814. 

Lecture on Infanticide by the Leading English Obstetrician of His
Day
77. Hunter, William [1718-1783].
Observations on the Uncertainty of the Signs of Murder in New-Born
Infants. With Notes, Explanatory of the Present Improved State of
Forensic Physiology.
London: Edward Portwine, 1836. iv, 28 pp. 12mo. (3" x 4-1/2").
Contemporary three-quarter calf over marbled boards, rebacked, gilt
title to spine, marbled endpapers, hinges mended. Light rubbing to
extremities, later owner bookplate to front pastedown, residue from
bookplate to verso of front free endpaper. Light foxing to title
page and following leaf, internally clean. A nice copy of a rare
title. $300.
* Third edition. This book reprints a paper to the Medical Society
of London on July 14, 1783 by the leading English Obstetrician of
the day, who was also the Queen’s personal physician. An influential
work, it was originally published in 1783 in Volume VI of the
Medical Society’s journal Medical Observations and Inquiries
with the title “On the Uncertainty of the Signs of Murder in Bastard
Children.” In addition to the book offered here, it was also
reprinted in the third edition of Samuel Farr’s Elements of
Medical Jurisprudence (1815). No copies of the 1836 or other
editions on OCLC. DNB X:303. 

78. International Commission of Jurists.
Justice Enslaved: A Collection of Documents on the Abuse of Justice.
[The Hague]: International Commission of Jurists, 1955. 535 pp.
Softbound, some shelfwear and a few faint stains. Light browning to
text, internally clean. $45. 
79. Ives, E.W.
The Common Lawyers of Pre-Reformation England. Thomas Keble: A Case
Study.
Cambridge: Cambridge University Press, [1983]. xxx, 536 pp. Original
cloth very good in moderately worn dust jacket. Ex-library. Location
label, security tag and stamps to dust jacket, bookplate to front
pastedown, stamp to rear pastedown. $125.
* “This long-awaited book is a notable addition to the Cambridge
Studies in English Legal History and to the literature on the
history of the legal profession. It has already won an accolade from
the Regius Professor of Modern History (Times Literary Supplement,
1 July 1983, p. 694) and must now be required reading for all
historians of the Tudor period.”: J.H. Baker, Cambridge Law
Journal 43 (1984) 180. 

First Tomlins Edition, 1797
80. Jacob, Giles [1686-1729].
The Law-Dictionary: Explaining the Rise, Progress, and Present
State, of the English Law, in Theory and Practice; Defining and
Interpreting the Terms or Words of Art; and Comprising Copious
Information, Historical, Political, and Commercial, on the subjects
of Law, Trade, and Government. Originally Compiled by Giles Jacob;
And Continued by Him, and Other Editors, Through Ten Editions: Now
Greatly Enlarged and Improved, by Many Material Corrections and
Additions, From the Latest Statutes, Reports, and other Accurate
Publications; By T.E. Tomlins, of the Inner Temple, Barrister at
Law.
London: Andrew Strahan, Law Printer to the King’s Most Excellent
Majesty, 1797. Two volumes. Quarto (8-1/2" x 11"). Contemporary half
calf over marbled boards, worn, hinges cracked but secure. Original
gilt-decorated spine lettering piece. A handsome set in an
unrestored state. $1,000.
* The first Tomlins edition. “A reference to Jacob’s Law Dictionary
is a useful step in any enquiry into eighteenth century law.” 19
Camb., L.J. cited in Marvin 325. Sweet & Maxwell 1:9. 

81. Jenkins, David [1582-1663].
Judge Jenkins: The Learned Loyal and Courageous Judge Who Was Kept
Prisoner in the Tower, Newgate and Elsewhere For Many Years After
Being Sentenced to Death by the House of Commons.
Collected and Edited by William H. Terry. London: Grant Richards and
Humphrey Toulmin, 1929. 176 pp. Frontispiece. Original cloth, some
shelfwear and soiling, boards slightly bowed, internally clean. $65. 
American Members of the Inns of Court
82. Jones, E. Alfred.
American Members of the Inns of Court. With a Foreword by Hon.
William H. Taft.
London: The Saint Catherine Press, 1924. xxx, 250 pp. Original
cloth, gilt titles to front board and spine. Light shelfwear, a few
tiny finger smudges, some fading to spine, rear hinge just starting,
internally clean. $250.
* First and only edition. Limited to 250 copies, this copy
unnumbered. Useful biographical history of prominent Americans who
were members of the Inns of Court. The arrangement is alphabetical
and chronological. At the time of publication Taft was Chief Justice
of the United States (and an Honorary Bencher of the Middle Temple). 
Uncommon 1544 Latin-Greek Edition of the Institutes
83. Justinian I, Emperor of the East [486-565 CE]. Antecessor,
Theophilus [6th-7th Century, CE, Translator]. [Neithart, Jodicus
Peter, Editor].
Institutionum Libri IIII. Quibus Legum Iurisque Immensi Uberrimam
Materiam, In Epitomen Redactum, Breviter Sine Obscuritate Complexus
est. Qui Libris Omnibus & Incipietibus, & Doctossimis Iurecon Sultis
Quotidiana Manu Neccessario’uer Sandi Sunt. Quoniam Autem Studiosis
Iuris est Quoq Graecae Linguae Utilis Cognitio, E Regione Latinis,
Theophili, Graeca Translationem Plurimis Locis Emendatam,
Opposuimus, Quo Facile Eadem Opera Studiosa Ivuentus Rerum Paritiam
Simulsq Linguam Consequatut.
Basel: Apud Nenrichum Petrum, [March 1544]. [xvi], 927, [1] pp.
Latina and Greek in parallel columns. Octavo (4" x 6"). Contemporary
calf, traces of gilt ornaments to boards, raised bands and later
hand-lettered paper title label to spine, head of spine reinforced
with cloth tape. Rubbing to extremities with wear to spine ends and
corners, a few small scuffs to boards, joints cracked but secure,
front free endpaper lacking. Large attractive woodcut printer device
to verso of final leaf. Early crossed-out signature to foot of title
page, manuscript notes in Greek to rear endleaves. Faint
dampstaining in a few places, interior otherwise fresh. A solid
copy. $3,000.
* Dedicated to the city of Ulm, this is an uncommon abridged version
of the “Institutiones” with the facing Greek paraphrase by
Antecessor. Compiled around 161 CE, the Institutes is an
elementary treatise on Roman private law that served as a standard
text for 300 years. After its rediscovery during the medieval era it
became a staple of European legal education. Along with the Code,
Novels and Digest it is one of the four works known
collectively as the Corpus Juris Civilis. Not in Hollis or
the Library of Congress Online Catalogue. No copies on OCLC. KVK
locates 2 copies, neither in North America. Adams J627. 

84. Keezer, Frank A. Morland, John W., Editor.
Keezer on the Law of Marriage and Divorce., Breach of Promise,
Common Law Marriage, Estates by Entireties, Annulment, Alimony,
Custody and Maintenance of Children, Jurisdiction, Procedure, Forms,
Statutory Summaries.
Indianapolis: The Bobbs-Merrill Company, [1946]. xxxii, 1367 pp.
Original textured cloth, light shelfwear, internally clean. $65.
* Third edition. The first edition is titled The Law of Marriage
and Divorce, the second is titled A Treatise on the Law of
Marriage and Divorce. 
Appealing Copy of Kelsen’s Peace Through Law
85. Kelsen, Hans [1881-1973].
Peace Through Law.
Chapel Hill: The University of North Carolina Press, 1944. xii, 155
pp. Cloth very good in lightly worn dust jacket. $250.
* First edition. Kelsen departs from his theories on pure law to
propose a formula for international peace. He offers “peace
guaranteed by compulsory adjudication of international disputes,”
(Part I): the formation of a world court with the authority to
resolve international conflicts, and “peace guaranteed by individual
responsibility for violations of international law,” (Part II): that
individual statesmen take personal moral and legal responsibility
for war crimes and other acts of violation committed by their
country. 

A “Boon to Prosecuting Attorneys and to Criminal Lawyers”
86. Kerr, James M. [1851-1929].
A Treatise on the Law of Homicide: Including a Complete History of
the Proceedings in Finding and Trying an Indictment Therefor;
Together with a Chapter on Defences to Homicide.
New York: Banks & Brothers, 1891. lxii, 650 pp. Octavo (6" x 9").
Recent period-style quarter calf over cloth, raised bands and
lettering pieces to spine, endpapers renewed. Faint finger smudges
to a few leaves, interior otherwise clean. Uncommon. $500.
* Only edition. “A work on this subject was very much needed.... Mr.
Kerr seems to have raked together all the applicatory cases with the
laborious skill which he acquired in his practice as one of the
principal workers upon the American and English Encyclopedia of Law.
(...) While he is a consummate carpenter of ideas, it is evident
that he has in this work branched out into legal doctrines, legal
theories and legal reasonings. He has treated many principles in a
truly lawyer-like way. But we apprehend that the greatest merit of
this work remains in the fact that it affords an accurate key to a
very great mass of adjudications; and this is the greatest merit of
any legal text-book. It will be a boon to prosecuting attorneys and
to criminal lawyers.”: American Law Review 25 (1891) 340. 
One of the Most Important Works on International Law
87. Lampredi, Giovanni Maria [1732-1793].
Del Commercio Dei Popoli Neutrali in Tempo di Guerra.
Florence: [s.n.], 1788. Two volumes. Octavo (4-3/4" x 7"). Original
limp paper boards with printed spine labels, untrimmed edges. Light
wear to extremities, light soiling and a few tiny stains. Interior
notable fresh. A remarkably well-preserved copy. $2,000.
* First edition. Text in Italian, French and Latin. This important
treatise on the rights of neutral merchant vessels went through
several editions in Italy, France and Germany. Lampredi is
distinguished for its clarity and humane tone, this is one the most
important treatises on international law. It argues that except in
cases involving legitimate defense on the part of the belligerents,
neutrals should be allowed to trade freely with belligerents on the
sole condition of impartiality, as they would in times of peace.
“Lampredi has treated this subject in a wise and impartial manner,
and though strongly in favor of the freedom of neutrals, he has laid
down no doctrine in contravention of the legitimate interest of
belligerent powers.”: Preface to first French edition (1802) cited
in Marvin, Legal Bibliography (1847) 445. KVK locates 19
copies of this edition, 35 of all editions. Lampredi was a professor
of canon and public law at the University of Pisa. A renowned
scholar in his day and ours, his works are second only to those of
Grotius, Pufendorf, Burlamaqui and Mably. Kress S.5182. 

Collection of Anglo-Norman Sources
88. Liebermann, Felix, Editor.
Ungedruckte Anglo-Normannische Geschichtsquellen.
Strassburg: Verlag von Karl J. Trubner, 1879. Reprint. [Ridgewood:
The Gregg Press, Incorporated, 1966]. vi, 359 pp. Original cloth,
some shelfwear, internally clean. Ex-library. Location label to
spine, stamps to verso of title page. Uncommon. $150.
* With notes and indexes. Texts in Latin and other original
languages, commentary in German. This collection of seventeen
sources includes the complete text of the Saxon Chronicles.
Liebermann was an authority on Anglo-Saxon and early English legal
history. His publications include Die Gesetze der Angelsachsen,
On the Instituta Cnuta Aliorumque Regum Anglorum and Ueber
die Leges Edwardi Confessoris. OCLC locates eighteen copies. 

Collected Works of Sir George Mackenzie
89. Mackenzie, Sir George [1636(?)-1691].
The Works of that Eminent and Learned Lawyer, Sir George Mackenzie
of Rosenhaugh, Advocate to King Charles II. and King James VII. With
Many Learned Treatises of His, Never Before Printed.
Edinburgh: Printed and Published by James Watson, 1716, 1722. Two
volumes. Copperplate portrait frontispiece, division title page and
30 plates. Folio (9-1/2" x 15"). Contemporary calf, blind rules to
boards, recently rebacked in period style with raised bands, gilt
ornaments and lettering pieces, marbled endpapers, hinges mended.
Moderate rubbing and edgewear to boards, bookplate of Robert Maxton
Graham to front pastedown of Volume I, later bookseller ticket to
verso of front endleaf, early bookplate of the Court of Arches to
verso of title page. Attractive woodcut head-pieces, tail-pieces and
decorated initials. Occasional light foxing and browning.
Contemporary and later signatures and annotations to preliminaries
and some text leaves, including the signature and notes of Thomas
Mackay Cooper. An impressive set. $2,200.
* Only edition. Mackenzie was Lord Advocate during the reigns of
Charles II and James II. He is best known for his leading role in
the persecution of Scottish Presbyterians, which earned him the
nickname “Bloody MacKenzie.” (In many cases, he bent the law to
secure a conviction.) 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. This set collects all of his
legal, historical and literary works except Aretina and
The Discovery of the Fanatical Plot. The Science of Heraldry is
preceded by a copperplate pictorial title page and is embellished
with 30 copperplates illustrating heraldic devices.
The Court of Arches was an ecclesiastical court in London under the
jurisdiction of the Archbishop of Canterbury. Cooper [1892-1955] was
Lord President of Scotland. The outstanding Scottish judge of his
day and a keen student of history, he was the chairman of the Stair
Society and Scottish Historical Society. Also a scholar, he wrote
The Scottish Legal Tradition and edited Stair’s Regiam
Majestatem for the Stair Society. Robert Maxtone Graham was a
notable Scottish Book Collector. Sweet & Maxwell 5:74. 

Notebook of
New York City Law Student, c. 1870-1880
90. [Manuscript]. Dixon, Edward H.
[Student Notebook,
New York City, c. 1870-80].
150 leaves. Quarter. (8" x 10"). Notebook with ruled leaves bound in
limp vellum, marbled endpapers. Light soiling and shelfwear. Content
in neat hand to recto and verso of all but a few leaves. Unique. $350.
* According to a note on the first leaf, Dixon was a law student who
lived on 21 Madison Avenue, an address roughly equidistant from the
law schools of NYU and Columbia University (then located at 5th Ave.
and 50th St.) His notebook contains material copied during lectures.
The topics covered in this book are personal rights, municipal law,
statute law and family law, which is the most extensive section.
There is also a section on “The Proper Method of Studying a Case and
Preparing It for Argument.” A fascinating item, it gives us an
opportunity to “audit” a series of law lectures from the late
nineteenth century. 
Criminal Conversation’s
Influence on Later Divorce Law
91. [Marriage Law, Great Britain].
Crim. Con. Actions and Trials and Other Proceedings Relating to
Marriage Before the Passing of the Present Divorce Act.
London: n.p, c.1857. [iv], 110, [2] pp. Recent period-style quarter
calf over cloth, gilt title to spine, endpapers renewed, internally
clean. A handsome copy of a scarce title. $350.
* Only edition. With two cases involving Thomas Erskine as counsel.
“Actions for what was formerly known...as crim[inal] con[versation]
were nominally abolished thirty years ago: that they were not
actually got rid of, as will presently be shewn, is evident
from the wording of the Divorce Act.... It is a remarkable fact,
however, that in spite of the loose wording of the Act, such actions
have become of such a rare occurrence as to be virtually at an end,
and what the Act was intended to bring about, while failing to do it
technically, has yet to come to pass. The object of the following
pages is to show the nature of the legal proceedings formerly in
vogue as necessary before an injured husband could clear himself of
an adulterous wife and marry again, and a number of interesting
cases, which attracted a deal of public attention, in their day, are
given, from which it may be readily perceived with what facility
conspiracy and fraud could be perpetuated.”: Preface [iii]. OCLC
locates 22 copies. Not in Sweet & Maxwell or the BMC.  |
 |