Scarce American Edition of a Legal Satire

16. [Anstey, John (d. 1819)]. The Pleader’s Guide: A Didactic Poem, In Two Books, Containing the Conduct of a Suit at Law, With the Arguments of Counsellor Bother’um and Counselor Bore’um, In an Action Betwixt John-a-Gull and John-a-Gudgeon, For Assault and Battery, At a Late Contested Election. By the late John Surrebutter, Esq. Special Pleader, and Barrister at Law. Philadelphia: Printed By and For Samuel Akerman, 1803. Recent period-style quarter calf over marbled boards, gilt fillets and title to spine, endpapers renewed. Small to chip to fore edge of a leaf with no loss to text. Early owner signature in fine hand to head of title page, negligible light foxing to a few leaves, interior otherwise fresh. A very nice copy. $350.
* First American edition of a work first issued in London, 1796. In his History of English Law (xiii:460-463) Holdsworth relates that the law of procedure and pleading gave rise to a certain amount of humorous and satirical literature. The Pleader’s Guide is among the finest examples. Indeed, Holdsworth thinks so much of it that he discusses it at length. The first part satirizes the procedural quirks of common and civil lawyers. The second part deals with pleading and the conduct of cases in court. Anstey, an English poet and lawyer, was the son of Christopher Anstey, a barrister of Lincoln’s Inn. OCLC locates 33 copies. According to Cohen, Shaw/Shoemaker lists an 1805 edition that is a ghost. Cohen, Bibliography of Early American Law 5147.

Principal Study by

the Most Important Follower of Cujas

17. Averani, Giuseppe [1662-1738]. Interpretationum Juris Libri Quinque: In Quibus Multa Cum Juris Civilis, Tum Aliorum Veterum Scriptorum Loca Nova Ratione Illustrantur: Multa Item ex Antiquitate Romana Graecaque Docte Pertractantur. Editio Novissima in Duos Tomos Distributa, Cum Indicidus, & Vita Auctoris. Lyon: Typis Petri Bruyset, Sumptibus Fratrum de Tournes, 1751. Two volumes in one, each with title pages and pagination. Main text printed in double columns. Leaves in gathering ‘L’ bound out of order. Quarto (7-1/4" x 9-1/2"). Contemporary speckled calf, raised bands, gilt ornaments and lettering piece to spine, edges rouged. Moderate rubbing to extremities, chip to head of spine, front board partially detached but quite secure, a few scuffs to boards. Early owner bookplate to front pastedown, later annotations to verso of front free endpaper. Title page of Volume I printed in red and black. Offsetting to margins of endleaves, a clean tears to fore edges of a few leaves with no loss to text, interior otherwise fresh. $450.
* Later edition. With indexes and a life of the author. Averani was an Italian jurist who spent most of his professional life in Pisa. According to Walker, he was deemed the most important follower of Jacques Cujas (Cujacius), the great French humanist jurist and scholar of Roman law. First published in 1746, Interpretationes Juris, a comparative study of ancient Roman and Greek law, is one of Averani’s principal works. It appears to have gone through three editions, the final appearing in 1832. KVK locates 6 copies of this edition, 15 of all editions. Walker, Oxford Companion to Law 103. British Museum Catalogue (Compact Edition) [BMC] 1:1248.

Study of the Constitution That Criticizes Story

18. [Baldwin, Henry (1780-1844)]. A General View of the Origin and Nature of the Constitution and Government of the United States, Deduced from the Political History and Condition of the Colonies and States, And Their Public Acts in Congresses and Conventions, From 1774 Till 1788. Together With Their Exposition by the Supreme Court of the United States., and Rules of Construction in Relation to Such Provisions of the Constitution as Impose Restraints on the Power of the States. Philadelphia: Printed by John C. Clark, 1837. v, 197 pp. Octavo (5-3/4" x 9-1/2"). Contemporary quarter sheep over paper boards, corners reinforced with vellum, blind fillets and lettering piece to spine. Light rubbing and a few tiny stains to boards, moderate wear to fore-edges and spine, joints cracked but secure, hinges starting. Light foxing, interior otherwise clean. A solid copy. $1,000.
* Only edition. Baldwin, an associate justice of the U.S. Supreme Court from 1830 to his death in 1844, took a middle position between federalism and strict constructionism. Despite his moderate outlook he was nevertheless a strongly independent justice. Indeed, his seven dissents and remarks in A General View disrupted the consensual nature of the Marshall Court. Written to discuss his “peculiar views of the Constitution” (1), it offers a detailed exposition of his willingness to “take the Constitution...as it is, and to expound it by the accepted rules of interpretation” (37). It is notably critical of Commentaries on the Constitution (1833) by his colleague Joseph Story. Bauer, Commentaries on the Constitution 1790-1860 159. Cohen, Bibliography of Early American Law 2788. See illustration below.

The Earliest Textbook of Scottish Law

19. Balfour, Sir James, Lord Pettindreich [d. 1583]. Practicks, Or a System of the More Ancient Law of Scotland. Carefully Published From Several Manuscripts. Edinburgh: Printed by Thomas and Walter Ruddimans, 1754. [ii], xvii, 684, 10 pp. Folio (8" x 12-1/2"). recent period-style quarter calf over marbled boards, raised bands and lettering piece to spine, endpapers renewed. Light shelfwear, corners slightly bumped. Light offsetting to margins of title page and verso of final index leaf, interior otherwise fresh. A handsome copy of a scarce title. $1,250.
* Only edition. One of the most important books on Scots law, Practicks is widely believed to be the first textbook of its kind. It was compiled during the late sixteenth century and circulated for several decades as manuscript copies. Balfour was part of the commission that consolidated Scottish law. Similar in its general form to the Institutes of Justinian, this book grew out of his association with the commission. Although it is not certain how much was written by him, the work became known as “Balfour’s Practicks.” “This was the first of the great digest Practicks, and is notable to most lawyers as it was published in 1754 and has been continually quoted in our law books both before and after.”: Stair Society, An Introductory Survey of the Sources and Literature of Scots Law (1936) 33-34. OCLC locates 18 copies. Sweet & Maxwell, A Legal Bibliography of the British Commonwealth 5:8. See illustration below.

A Distinguished and Long-Lived

Pennsylvania JP Manual

20. Binns, John [1772-1860]. Brightly, Frederick C., Editor. Binns’ Justice, Or the Magistrate’s Daily Companion: A Treatise on the Office and duties of Aldermen and Justices of the Peace, In the Commonwealth of Pennsylvania, Including All the Required Forms of Process and Docket-Entries, And Embodying Not Only Whatever May Be Deemed Valuable to Justices of the Peace, But to Landlords, Tenants, And General Agents; And Making This Volume, What it Purports to be, A Safe Legal Guide for Business Men. Revised, Corrected, and Greatly Enlarged. Philadelphia: James Kay, Jun., & Brother, 1850. [ii], lxiii, 65-694 pp. Includes preliminary leaf with endorsements of prior editions. Octavo (5-3/4" x 9-1/4"). Contemporary sheep, blind fillets to boards, raised bands and lettering pieces to spine. Rubbing with some wear to extremities and spine, rear hinge just starting, crack to text block between 656 and 657. Scuff to front pastedown, faint dampstains and inkspots to a few leaves, occasional light foxing. Early owner siganture to front endleaf, interior otherwise clean. A nice copy of an uncommon title. $100.
* Third edition. John Binns was an Irish radical who emigrated to Pennsylvania in 1801 and became a journalist and newspaper editor. He was also an alderman in Philadelphia from 1822 to 1844. The first edition of Binns’ Justice was published in 1840. A remarkably popular work, it went through six editions in his lifetime, and it was revised and reissued well into the twentieth century. OCLC locates 58 copies of this edition. Cohen 7992.

Blackstone’s remarks on the Wilkes Cause

21. [Blackstone, Sir William (1723-1780)]. [Wilkes Cause]. The Case of the Late Election for the County of Middlesex, Considered on the Principles of the Constitutution and the Authorities of Law. London: Printed for T. Cadell, 1769. [iv], 44 pp. Quarto (9" x 11-1/2"). Stab-stitched pamphlet, entirely uncut as issued, housed in recent clamshell box with calf spine label. Light soiling, a few small faint stains, pamphlet otherwise fresh. A remarkably well-preserved copy of a scarce title. $1,650.
* First edition. In 1768 Wilkes [1727-1797], the publisher of the controversial paper the North Britain, was elected to Parliament by Middlesex County. However, he was imprisoned for seditious libel and expelled. While the legitimacy of his sentence was being debated, Middlesex attempted to re-elect him several times without success. Blackstone supported Parliament’s position. During the expulsion debate Blackstone was challenged by Grenville, who noted a discrepancy between his position and on floor and in the Commentaries. Unable to deliver a satisfactory rebuttal on the spot, he replied with anonymously published The Case of the Late Election. It initiated a lively pamphlet exchange that involved Samuel Johnson, Sir William Meredith and others. This pamphlet was attributed sometimes to Jeremiah Dyson [1722-1776], but Blackstone’s authorship is now confirmed. OCLC locates 21 copies. Eller, The William Blackstone Collection in the Yale Law Library 231, which notes Ms. Eller had not seen a copy of this work.

Eller 8 - An Attractive Dublin “Fifth” Edition

22. Blackstone, Sir William [1723-1780]. Commentaries on the Laws of England, in Four Books. Dublin: Printed for John Exshaw, Henry Saunders, John Williams, and David Hay, 1773. Four volumes. Copperplate “Table of Consanguinity” and fold-out Table of Descents. Octavo (5" x 8-1/4"). Contemporary calf, rebacked in period style with lettering pieces and blind fillets. Rubbing to boards, corners bumped and lightly worn. Offsetting to margins of endleaves, very occasional light foxing. Early owner signature to head of each title page, other signatures to endleaves, brief annotations to a few leaves, interiors otherwise clean. A handsome copy of an uncommon set. $3,000.
* Dublin pirated “fifth” edition, follows the text of the fourth Oxford edition, 1770. (The title pages say Fifth Edition.) Collation is identical to the copy in Eller with one exception: she states erroneously that this edition has two folding tables. This is evident in comparisons with other copies and standard bibliographies. OCLC locates 17 copies of this edition. Eller, The William Blackstone Collection at Yale University 8.

Eller 14-The Final Edition

with Blackstone’s Corrections

23. Blackstone, Sir William. Burn, Richard [1709-1785], Editor. Commentaries on the Laws of England, in Four Books. With the Last Corrections of the Author; And Continued to the Present Time. London: Printed by A. Strahan and W. Woodfall, 1783. Four volumes. Copperplate portrait frontispiece of Blackstone (Volume I), “Table of Consanguinity” and fold-out “Table of Descents” (Volume II). Octavo (5" x 8-1/4"). Contemporary speckled calf, gilt fillets and lettering pieces to spines. Light rubbing and some scuffing to boards, corners bumped and lightly worn, chip to head of Volume IV, joints rubbed, some starting, front board of Volume I partially detached but quite secure, vertical crease through center of spine of Volume II, hinges cracked or starting. Early armorial bookplate to each front pastedown. Offsetting to margins of endleaves, minor wear to top edge of fold-out table, interior otherwise fresh. Withal an attractive unsophisticated set. $2,000.
* Ninth edition, the first edition published after Blackstone’s death, edited by Burn, an attorney and notable legal writer. Richard Burn’s Advertisement in vol. I, dated July 20, 1783, states: “The alterations...since the publication of the last edition, were made by the author himself, as may appear from a corrected copy in his own handwriting...The editor...[has noted] alterations made by subsequent acts of Parliament.” Concerning this edition, W.G. Hammond wrote in 1890, “Most of the current editions are printed from the ninth...published in 1783...edited by Ric. Burn.” OCLC locates 46 copies. Eller 14. See illustration below.

24. [Blackstone, Sir William ]. Priestley, Joseph [1733-1844]. The Palladium of Conscience; or, the Foundation of Religious Liberty Displayed, Asserted, and Established, Agreeable To Its True and Genuine Principles above the Reach of the All Petty Tyrants, Who Attempt to Lord It over the Human Mind. Containing Furneaux’s Letters to Blackstone. Priestley’s Remarks on Blackstone. Blackstone’s Reply to Priestley. And Blackstone’s Case of the Middlesex-Election; with Some Other Curious Tracts, Worthy of High Rank in Every Gentleman’s Literary Repository, Being a Necessary Companion for Every Lover of Religious Liberty. And an Interesting Appendix to Blackstone’s Commentaries on the Laws of England. Philadelphia: Printed for the Subscribers, by Robert Bell, 1774. Reprint. New York: DaCapo Press, 1974. Various paginations. Original cloth, light shelfwear, internally clean. $95.
* In the last volume of his Commentaries, Blackstone classified religious non-conformity as a crime, defending the Church of England against Protestant non-conformers. Joseph Priestly, an eminent and prolific scientist and author, as well as a prominent dissenter, took exception to Blackstone’s position, and proposed an alternative view based upon the doctrine of religious freedom and tolerance. Blackstone’s Case of the Late Election for the County of Middlesex, Considered On the Principles of the Constitution was published anonymously in 1769. Blackstone’s contribution to one of the leading causes of the day, it defended Parliament’s right to refuse a seat to the controversial journalist John Wilkes, a recently elected MP from Middlesex. Expelled during his first term on libel charges, he was immediately re-elected then expelled again. This book was compiled by Bell and sold as an appendix to his edition of Blackstone’s Commentaries, the first edition published in America.

Lutheran Treatise on

Church Property, Tithes and Clergy

25. Bohmer, Justus Henning [1674-1749]. Ius Parochiale ad Fundamenta Genuina Revocatum a Spuriis Principiis Purgatum Atque Ita Adornatum ut Ius Ecclesiasticum Protestium Illustrare et Usum Modernum Libri Tertii Decretalium Quoad Praecipuas Materias Ostendere Queat Adiecto Indice Triplici et Supplemento Novo. Halle: Litteris & Impensis Orphanotrophei, 1738. [xxiv], 552, [56]. Frontispiece and free endpapers lacking. Quarto (6-1/2" x 8"). Contemporary vellum, attractive hand-lettered title to spine, gilt device to center of front and rear boards, green edges. Light soiling and a few minor stains. Title page with attractive large copperplate printer device printed in red and black, woodcut head-pieces, tail-pieces and decorated initials. Light browning, foxing, and dampstaining to a few leaves, interior otherwise fresh. Ex-library. Remains of shelf label to foot of spine, small owner stamps to front pastedown and title page. An appealing copy of an important work. $500.
* Fifth edition, corrected, with additions. With indexes. Bohmer was perhaps the leading German authority of his age on ecclesiastical law and its history. He played a leading role in the adaptation of canon law for use in the Lutheran church and established sound theoretical foundations for Lutheran church law. First published in 1701, Ius Parochiale addresses issues relating to church property, tithes and clergy. Kleinheyer and Schroder, Deutsche Juristen aus Funf Jahrhundert 45. BMC 3:749.

An Important Early

Response to Grotius’ Mare Liberum

26. Boroughs (Borough), Sir John [d. 1643]. The Sovereignty of the British Seas; Proved by Records, History, and the Municipal Laws of This Kingdom. Written in the Year 1633. London: Printed for J. Roberts, 1739. viii, 56 pp. Octavo (5" x 7-3/4"). Stab-stitched pamphlet bound into recent quarter paper over contrasting paper boards, paper spine label. Negligible shelfwear, lower corners bumped. Attractive woodcut head-piece and decorated initials. Light browning to title page and verso of final leaf, interior otherwise fresh. $500.
* Fourth and final edition of a work first published in 1651. This and William Welwod’s De Domino Maris (1615) are the earliest replies to the argument outlined by Grotius in Mare Liberum (1609). As Sweet & Maxwell point out, Selden drew a great deal of his argument in Mare Clausum (1635) from Boroughs’ work. It was later reprinted in the third edition of Malynes Lex Mercatoria (1636). Boroughs was the keeper of records at the Tower of London. OCLC locates 3 copies of this edition, 27 of all editions. Sweet & Maxwell 1:505.

First English Edition

of One of the Great Treatises on Natural Law

27. Burlamaqui, J[ean] J[acques] [1697-1748]. The Principles of Natural Law. In Which the True Systems of Morality and Civil Government Are Established; And the Different Sentiments of Grotius, Hobbes, Puffendorf, Barbeyrac, Locke, Clark, and Hutchinson, Occasionally Considered. Translated Into English by Mr. Nugent. London: Printed for J. Nourse, 1748. [x], [xi]-xvi, [26], 312 pp. Author’s Advertisement misbound after Table of Contents. Octavo (5" x 8-1/4"). Contemporary calf, gilt double frames to boards, speckled edges, gilt-edged raised bands and lettering piece to spine, rebacked retaining original lettering piece. Rubbing and a few minor scuffs, corners bumped and lightly worn, hinges mended. Light offsetting to margins of endleaves. Early armorial bookplate to front pastedown, interior notably fresh. Very handsome. $2,000.
* First English edition. Burlamaqui, a Swiss jurist and professor of civil and natural law at Geneva, outlined a constitutional system based on principles similar to those of the American founding fathers. “Burlamaqui formulated the principles of popular sovereignty, of delegated power, of a constitution as a fundamental law, of a personal and functional separation of powers into three independent departments... and finally, he provided for an institutional guardian of the fundamental law” (Harvey). Burlamaqui’s other great achievement was to put Pufendorf’s theories into systematic form. Blackstone was among the many jurists influenced by this work. In 1847 Marvin stated a general opinion when he observed that “his works are deservedly held in high esteem.”: Legal Bibliography (1847) 162. OCLC locates 49 copies of this edition. Harvey, Jean Jacques Burlamaqui: A Liberal Tradition in American Constitutionalism 178-179. BMC 4:684. See illustration below.

Caines’ New York Practice

28. Caines, George [1771-1825]. A Summary of the Practice of the Supreme Court of the State of New-York. New York: Printed and Published by Alsop, Brannan and Alsop, 1808. [‘Riley’s Edition’ stamped to foot of spine.] xviii, 536 pp. Octavo (5-3/4" x 9-1/4"). Contemporary calf, lettering piece, black-stamped fillets to boards and spine. Some rubbing with light wear to extremities, small chip to head of spine, front hinge cracked but secure, front free endpaper partially detached. Early owner signatures to front boards and preliminaries, later bookplate to front pastedown. Occasional light foxing, interior otherwise fresh. $150.
* Only edition. With forms. Caines’ summary of civil procedure was intended as a useful reference for the experienced practitioner. This imprint appears to be identical to the 1808 Issac Riley imprint. The spine says “Riley’s Edition,” which indicates this was part of a sub-contracted print run. OCLC locates 30 copies of both. Cohen does not list the Alsop, Brannon and Alsop imprint (see entry 9168).

29. Calamandrei, Piero [1889-1956]. Eulogy of Judges Written by a Lawyer. Translated by John Clarke Adams and C. Abbott Philips, Jr. Princeton: Princeton University Press, 1946. [viii], 88 pp. Cloth very good in lightly worn dust jacket with some fading to front panel. Gift inscription to front free endpaper, internally clean. $60.
* “Calamandrei expatiates with quiet wit upon the legal profession, exposing the foibles of lawyer, judge, and client, but never losing sight of the part each plays in the processes of justice. (...) Many of his remarks have a wry humor and his legal anecdotes are told with tongue in cheek. But his mature wisdom and obvious devotion to ‘the fulfillment of the state’s highest and most jealously guarded function’ make one feel that something of the greatness of Ancient Roman Law was preserved...despite the Fascists’ ascendancy.”: Book jacket.

30. Cardozo, Benjamin N. [1870-1938]. Cardozo on the Law. New Haven: Yale University Press, 1921. Reprint. Birmingham: Legal Classics Library, 1982. 180; 145; v, 142; 190 pp. Calf, decorative gilt stamping, raised bands, all edges gilt, marbled endpapers, ribbon marker. Owner bookplate to front pastedown, otherwise fine. $95.
* Collected edition of Cardozo’s greatest works including The Nature of the Judicial Process, The Growth of the Law, The Paradoxes of Legal Science and Law and Literature and Other Essays and Addresses. Concerning Law and Literature, an early reviewer said that “[i]t has remained for Judge Cardozo to give us the first real analysis of the literature of the bench (...) he brings to this task the rare combination of legal and literary learning”: John A. Garfinkel, California Law Review 19: 654 cited in Marke, A Catalogue of the Law Collection at New York University (1953) 1068.

31. Cardozo, Benjamin N. The Nature of the Judicial Process. New Haven: Yale University Press, [1946]. 180 pp. Cloth very good in mildly worn dust jacket. Owner stamp to front free endpaper, interior otherwise clean. $85.
* First edition, thirteenth printing. The Storrs Lectures delivered at Yale University Law School in 1921. One of the most important legal works of the twentieth century, The Nature of the Judicial Process argued that judges create law. Along with Holmes’ The Common Law, this book is one of the seminal works that helped the American bar to move beyond the formalism of nineteenth-century jurisprudence.

Chipman’s Principles of Government

32. Chipman, Nathaniel [1752-1843]. Principles of Government: A Treatise on Free Institutions Including the Constitution of the United States. Burlington: Edward Smith, 1833. viii, 144, 145a-188a, [145]-330 pp. Octavo (5-1/4" x 8-1/2"). Contemporary sheep, lettering piece and blind fillets to spine, blind frames to boards. Light rubbing and a few minor scuffs, discoloration to portion of front board’s fore-edge, discoloration and some worming to fore-edge of rear, minor worming to front pastedown. Offsetting to margins of endleaves, occasional foxing and light dampstaining. Later signature to front free endpaper, interior otherwise clean. A nice copy with a notably well-preserved spine. $450.
* A revised version of his Sketches of the Principles of Government (1793), this book addresses civil laws and obligations, the social state, rights of property, sovereignty and political power. Chipman was a Hamiltonian Federalist who played a key role in Vermont’s admission to the Union. He became the state’s Chief Justice and a United States Senator. According to Warren, his Dissertations (1793), a study of the common law, is one of “the four general works on the Common Law... [of] permanent value in American Legal Literature.”: Warren, A History of the American Bar 335-336. Cohen 5752. See illustration below.

First Critical Edition of Coke Upon Littleton

33. 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. With the Addition of Notes and References by Francis Hargrave. With the Preface and Index to the Notes by Charles Butler and an Analysis of Littleton, Written by an Unknown Hand in 1658-9, but Never Before Published. London: Printed by T. Wright for E. Brooke, 1788. [xx], xx pp. 395 fol., [66] pp. Folding table. Folio (9" x 14-1/2"). recent period-style quarter calf over marbled boards, raised bands and lettering piece to spine, endpapers renewed. Occasional light toning, interior otherwise fresh. An impressive-looking volume.  $600.
* Thirteenth edition, first critical edition with numerous corrections and additions begun by Francis Hargrave and completed by Charles Butler. “If Bracton first began the codification of the common law, it was Coke who completed it.... In the Institutes,... the tradition of the common law from Bracton to Littleton, whose name Coke’s commentary made famous, firmly established itself as the basis of the constitution of the Realm.”: Printing and the Mind of Man 126. Coke’s Institutes are considered the first textbooks on the modern common law. It is virtually a legal encyclopedia. Sweet and Maxwell, A Legal Bibliography of the British Commonwealth of Nations I:450(7). Marvin, Legal Bibliography (1847) 204. Catalogue of the Library of the Law School of Harvard University (1909) I:411-412.

Includes the Original Thirteenth Amendment

34. [Constitution, U.S.] Constitution of the United States of America. [And] The Declaration of Independence, And Washington’s Farewell Address. Boston: Geo. L. Dix & Co., [c. 1840]. [iii], 36, 48 pp. Two parts in one, each with title page and pagination. Includes two-page publisher advertisement. 16mo. (3" x 4-1/2"). Original textured cloth with blind-stamped frames and ornaments, gilt titles to front board. Light rubbing to boards, moderate rubbing with some wear to extremities, especially spine ends. Owner bookplates to front pastedown and free endpaper, internally fresh. A nice copy of a rare imprint. $150.
* In 1810 an amendment was proposed that would eliminate the U.S. citizenship of anyone who received a title of nobility, office, pension or other consideration by a foreign power. (This amendment expanded and stiffened the provisions of Section VIII, Article 7.) Ratified by 12 states by 1812, it was generally assumed that a 13th state would follow suit. At this point forward it was usually included in copies of the Constitution, even in official editions. It was clear by 1818 that the amendment failed to receive the prerequisite number of ratifications, but even as late as the 1840s it was widely assumed that the amendment was part of the Constitution. This book is an artifact in this curious episode in the history of the constitution. OCLC locates 1 copy.

35. Coquillette, Daniel R., Editor. Law in Colonial Massachusetts 1630- 1800. Boston: The Colonial Society of Massachusetts, 1984. lxviii, 608 pp. Cloth very good in lightly worn dust jacket. $95.
* This anthology grew out of a 1981 conference sponsored by the Colonial Society of Massachusetts. Contributions include “Legal Literature in Colonial Massachusetts” by Morris L. Cohen, “Thomas Lechford and the Earliest Lawyering in Massachusetts, 1638-1641” by Thomas G. Barnes, “Justinian in Braintree: John Adams, Civilian Learning, and Legal Elitism, 1758-1775” by Coquillette and “Court Records as Sources for Historical Writing” by William E. Nelson.

The First Comprehensive Study of Copyright Law

36. Curtis, George Ticknor [1812-1894]. A Treatise on the Law of Copyright in Books, Dramatic and Musical Compositions, Letters and Other Manuscripts, Engravings and Sculpture, as Enacted and Administered in England and America with some Notices of the History of Literary Property. Boston: Charles C. Little and James Brown, 1847. xi, 450 pp. Octavo (6" x 9"). Recent cloth retaining original lettering piece, endpapers renewed. Light browning to half-title and margins of preliminaries and final few leaves. Early owner signature to title page, interior otherwise clean. An appealing copy.  $750.
* First edition of the first comprehensive study of copyright law. A scholarly treatise that considers the history and theory of the subject, it summarizes all of the English and American statute enacted since the Act of Queen Anne of 1709-10, the first formal recognition of a law of literary property separate from the law of censorship. Curtis, an eminent patent attorney, was renowned for his intellect and literary skill. OCLC locates 44 copies of this edition. Cohen 7099. See illustration below.

Darrow’s Plea for Loeb and Leopold

37. [Darrow, Clarence (1857-1938)]. Plea of Clarence Darrow, August 22nd, 23rd & 25th, MCMXXIIII, In Defense of Richard Loeb and Nathan Leopold, Jr. on Trial for Murder. Authorized and Revised Edition Together with a Brief Summary of the Facts. Chicago: Ralph Fletcher Seymour, [1924]. Octavo (5-1/2" x 8"). [2], 121 pp. Frontispiece photograph of Darrow. Handsome red and black printed wrappers, deckle fore and bottom edges. Binding slightly cocked, toning and moderate wear with some loss to spine ends and corners, hinges starting, internally clean. $100.
* The famous plea for clemency that spared the defendant’s lives for their attempt to commit a “perfect crime.” Hunsberger, Clarence Darrow: A Bibliography 1265.

38. Davis, George B. [1847-1914]. A Treatise on the Military Law of the United States: Together with the Practice and Procedure of Courts- Martial and Other Military Tribunals. New York: John Wiley & Sons, 1915. xiii, [1], 772 pp. Original cloth, moderate shelfwear, some staining to edges of boards, hinges cracked but secure, front endleaf detached. Owner signature to front endleaf, annotation to rear endleaf, interior otherwise clean. $85.
* Second edition, Revised. Although title leads one to expect a basic procedural manual, this book goes well beyond its stated purpose to offer a great deal of historical and jurisprudential information. Davis examines the authority and sources of military law and its relation to civilian law. He also pays close attention to its debt to English military law and custom, some of it dating back to the middle ages. Davis was Judge-Advocate General of the U.S. Army and Professor of Law at West Point.

1897 Edition of the California Civil Code

39. [California]. Deering, James H, Compiler. The Code of Civil Procedure of the State of California. Adopted March 11, 1872, and Amended up to and Including 1897. San Francisco: Bancroft-Whitney Co., 1897. 1,054 pp. Amendments from 1899 tipped-in throughout. Octavo (4" x 6"). Original sheep, raised bands and lettering pieces to spine. Rubbing with some wear to extremities, a few small scuffs, inkstain to front board, hinges starting, partial cracks near front and rear of text block. Early owner signature to front pastedown, owner initials to verso of rear free endpaper, interior otherwise fresh. A well-preserved copy. $125.
* This was one of the codes based on the New York Field Code. Contents: Courts of Justice, Civil Actions, Special Proceedings, Evidence. The final section contains the Insolvent Act of 1880 and a thorough index. Babbitt, Hand-List of Legislative Sessions and Session Laws 26.

1748 French Treatise on Building Laws

40. Desgodets, Antoine Babuty [1653-1728]. Les Loix des Batimens, Suivant la Coutume de Paris, Traitant de ce qui Concerne les Servitudes Reelles, Les Reports des Jures-Experts, Les Reparations Locatives, Douairieres, Usufruitieres, Beneficiales, &c. Avec Notes de M. Goupy. [Paris]: n.p., 1748. Two parts. xxxvi, 437; [3], 204, xxxvii, pp. Octavo (5" x 7-3/4"). Contemporary calf, lettering piece, gilt ornaments to spine compartments, ribbon marker, rouged edges, marbled endpapers. Some rubbing to boards, wear to board edges and corners with some loss, joints starting. Attractive woodcut printers device, head-pieces and tail-pieces. Early owner signatures and annotations to front endleaves and head of title page. Occasional light foxing, faint dampstaining to fore-edges of preliminaries and final leaves, interior otherwise clean.  $250.
* With an index, a biography of the author and a dictionary of architectural terms by “M. Goupy, Architecte Expert Bourgeois.” Desgodets was the Royal Superintendent of Buildings for Paris and the author of Les Edifaces Antiques de Rome Mesures et Dessines Sur les Lieux (1682), an important study of Roman architecture. Intended for architects, builders and landlords, this interesting treatise is a guide to the building regulations outlined in the customary laws (Coutumes) of Paris and its suburbs. These relate to the appearance of different structures and aspects of property law. The book is in two parts. The first contains a general discussion of the Coutumes, their evolution and their application. The second analyzes many of them in detail. This edition not in the BMC.

“Plain Instructions and Advice” on Wills

41. Dickson, Richard. A Practical Exposition of the Law of Wills, With Plain Instructions and Advice to Testators, Executors, Administrators, and Legatees, And Observations on the Consequences of Intestacy: To Which Are Added Directions Respecting the Probate of Wills and the Taking Out of Letters of Administration; Tables of the Stamp-Duties on Probates, Administrations, Legacies, And Residuary Shares; The Method of Obtaining a Return of the Administration and Probate Duty, If Overpaid, Or On the Ground of Debts; And Forms of Inventories to be Taken by Executors and Administrators; With Precedents of Wills, Codicils, Republications, Etc. London: Sherwood, Gilbert, and Piper, 1830. iv, 212, 8 pp. Includes 8-page publisher catalogue. 12mo. (4-1/4" x 7"). Contemporary cloth, paper spine label. Moderate rubbing with some wear to spine ends and corners, some bubbling to rear boards, some chipping to edges of spine label. A few cracks to text block, binding still quite secure. Early owner signature to front pastedown, a later signature to free endpaper. Occasional light foxing, interior otherwise clean. $125.
* First edition. Sweet & Maxwell 2:100.

42. Dickson, Richard. A Plain and Practical Exposition of the Law of Wills, With Necessary Instructions and Useful Advice to Testators, Executors, Administrators, and Legatees, And Observations on the Consequences of Intestacy: To Which Are Added Directions Respecting the Probate of Wills and the Taking Out of Letters of Administration; Tables of the Stamp-Duties on Probates, Administrations, Legacies, And Residuary Shares; The Method of Obtaining a Return of the Administration and Probate Duty, If Overpaid, Or On the Ground of Debts; With Forms of Inventories to be Taken by Executors and Administrators; And Precedents of Wills, Codicils, Republications, Etc. London: Sherwood, Gilbert, and Piper, 1837. viii, 228, 12 pp. Includes 12-page publisher catalogue. Two addenda slips affixed to rear pastedown. 12mo. (4-1/4" x 7"). Contemporary cloth, paper spine label. Moderate shelfwear, small dampstain to rear board, some chipping to edges of spine label, hinges cracked but secure. Early owner signature to head of title page. Occasional light foxing, interior otherwise clean. $85.
* Reissue of the second edition. Sweet & Maxwell 2:100.

Important Early History of

New York With a Political Emphasis

43. Dunlap, William [1766-1839]. History of the New Netherlands, Province of New York, And the State of New York, to the Adoption of the Federal Constitution. New York: Printed for the Author, 1839-1840. Two volumes. Engraved portrait frontispiece of Peter Stuyvesant (Volume I), engraved fold-out map of Manhattan showing the city of New York as it stood in 1782 (Volume II). Octavo (5-1/2" x 9"). Contemporary quarter cloth over paper boards, paper spine labels, Moderate rubbing with some wear to extremities, a few scuffs, chipping to edges of spine labels, Crack to text block of Volume I between first and second gatherings. Faint early owner siganture to front board of Volume I, another signature to front free endpaper of Volume II. Light foxing to portions of text, interiors otherwise fresh. $250.
* First edition. Notable for its discussion of political issues, Dunlap’s history was written by an author who lived through a portion of the time period described in his book and took the opportunity to speak with people who belonged to previous generations. In this regard it offers incomparable insights derived from first-hand accounts. Most of the second volume contains the texts of important source records. Dunlap was a notable actor, playwright and historian. Howes, USIana D580.

44. Edwards, Gus C. Legal Laughs: A Joke for Every Jury. Clarkesville: Legal Publishing Company, [1915]. Original cloth, some shelfwear. Owner signature to front free endpaper, interior otherwise clean. $85.
* Organized by subject, these jokes are very much of their time; many are “politically incorrect” by today’s standards. Here’s an example that can be shared in mixed company: “Father,” asked the little son, “what is a lawyer”? “A Lawyer”? Well, my son, a lawyer is a man who gets two men to strip for a fight and then runs off with their clothes.” (269).

By an “Unrivalled” Authority on Commercial Law

45. 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 (5-1/4" x 8-1/2"). Recent cloth, calf lettering piece to spine, endpapers renewed. Small neat signature in an early hand to head title page. Very light browning to text, light foxing to a few leaves, interior otherwise fresh. A nice copy. $700.
* Only American edition. 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, Legal Bibliography (1847) 293. OCLC locates 60 copies. Cohen 7060. See illustration below.

Important Studies of Canon Law,

Monastic Privileges and Church Administration

46. Engel, P. Ludovico [Ludwig] [d.1674]. [Berthel, Johann Kaspar (1697-1771), Annotator]. Collegium Universi Juris Canonici, Antehac Juxta Triplex Juris Objectum Partitum, Nunc Vero Servato Ordine Decretalium Accuratius Translatum, et Indice Copioso Locupletatum; Cui Praeter Tractatum de Privilegiis Monasteriorum. Novissime Accessit Aureus Liber, qui Manuale Parochorum Inscribitur. Omnibus tam in Foro, Quam in Scholis Apprime Utile, ac Necessarium. Post Omnes Alias Recognita & Locupletata; Cui Nunc Primum Adjectae Sunt Annotationes. Venice: In Typographia Balleoniana, 1760. [viii], 478, 120, 83 pp. Folio (9-1/2" x 15"). Manuale Parochum and Berthel’s annotations have separate title pages and paginations. Contemporary three-quarter tree calf over marbled boards, gilt fillets and lettering piece to spine. Moderate rubbing with wear to board edges, joints, corners and spine ends. Woodcut vignette to title page of first work. Woodcut head-pieces, tail-pieces and decorated initials. Occasional light foxing, interior otherwise clean. Ex-institution library. Inkstamps to preliminaries and a few text leaves. A handsome copy. $300.
* Ninth Edition (by Berthel). With indexes. This edition contains three principal works by a highly respected Benedictine monk, priest and doctor of civil and canon law who taught at the University of Salzburg. First published in 1671 and 1674, the Collegium Universi Juris Canonici is his principal work. This treatise on canon law is remarkable for its concision, clarity and accuracy. It placed Engel in the first rank of Benedictine canonists and went through several editions during the seventeenth and eighteenth centuries. This edition incorporates the Tractatus de Privilegiis. First published in 1664, it reviews the legal rights of monasteries. The Manuale Parochrum (first edition 1661) deals with legal aspects of church administration and the liturgy. This edition concludes with a set of notes by Berhel, a professor at the University of Wurzburg who was the first German scholar to apply historico-critical methods to the study of canon law. An important teacher, his lectures were circulated throughout Europe. Ferreira-Ibarra, The Canon Law Collection of the Library of Congress 39 (citing other editions). British Museum Catalogue (Compact Edition) 8:160.

 “The Best of the Old Treatises Upon Pleading”

47. [Euer, Samson, Sir]. A System of Pleading: Including a Translation of the Doctrina Placitandi; Or, The Art and Science of Pleading: Originally Written by Samson Euer, Serjeant at Law, And Now First Translated From the Obsolete Norman French. Shewing Where, In What Cases, And by What Persons, Pleas, As Well Personal, Or Mixed, May Be Properly Pleaded; With References to and Extracts from, The Most Approved Writers on that Subject, Carefully Digested Under Their Proper Titles, And Brought Into One Collective Point of View. Together With an Introduction, Explaining the Different Terms Made Use of in the Proceedings of Each Respective Court; Also a Preface and Table. Dublin: Printed by James Moore, 1791. xxii, [18], viii, 534 pp. Octavo (5-1/4" x 8-1/4). Contemporary calf, raised bands and lettering piece to spine. Light rubbing and a few small stains and scuff to boards, moderate rubbing to extremities with wear to corners, small chip to head of spine, front hinge cracked but secure, front hinge and rear joint starting. Later bookplates to front pastedown and free endpaper, small early owner signature to head of title page. Light foxing to portions of text, interior otherwise fresh. $650.
* Second and final edition. This anonymously edited pleader is based on Sampson’s Doctrina Placitandi, Ou L’Art et Science de Bon Pleading (1677). Marvin says it is “the best of the old treatises upon pleading.” OCLC locates 21 copies. Marvin 299. Sweet & Maxwell 1:268. See illustration below.

Highly Esteemed by Coke and Blackstone

48. [Fitzherbert, Anthony (1470-1538)]. [Rastell, William (c.1508-1565). Editor]. La Novel Natura Brevium du Iudge Tresreverende Monsieur Anthony Fitzherbert, Denierement Revieu & Corrigee per Laucteur, Avecques un table Perfect, Des Choses Notables Contenues en Ycel, Novelment Compose per Guilliaulme Rastell. London: Printed for the Companie of Stationers, 1616. [lviv] pp, 271 fols. Octavo (4" x 6-1/4"). Early 20th century three quarter morocco over cloth, raised bands, gilt ornaments and gilt titles to spine, endpapers renewed. Light rubbing to extremities with some wear to joints and corners. Woodcut head-pieces, tail-pieces and decorated initials. A few minor tears to fore-edges, crack at front of text-block, spark burn to a leaf with negligible loss, chip to the foot of another with none. A few brief annotations, probably from the eighteenth and nineteenth centuries, interior otherwise fresh. Scarce. $1,250.
* First published in 1534, the Nouuelle Natura Brevium is a manual of procedure written by a Judge of the Common Pleas during the reign of Henry VIII. Winfield notes that “Coke put it among the books which he considered most necessary and of greatest authority and excellency”; Blackstone considered it an authority as well. Compiled from the earlier Natura Brevia and the Registrum Brevium, it includes several original observations on the form and function of writs. Rastell’s revisions include the addition of a table. A popular work, it went through numerous editions in Law French and English, the final appearing in 1794. It remains significant to this day for its descriptions of writs that were becoming obsolete in the early sixteenth century. OCLC locates 9 copies of this edition. Pollard and Redgrave, Short-Title Catalogue of Books Printed in England, Scotland, and Ireland 10965. Sweet & Maxwell 1:269 (66). See illustration below.

Letters to Blackstone Concerning Religious Liberty

49. Furneaux, Philip [1726-1783]. [Sir William Blackstone (1723-1780)]. Letters to the Honourable Mr. Justice Blackstone Concerning His Exposition of the Act of Toleration, And Some Positions Relative to Religious Liberty, In His Celebrated Commentaries on the Laws of England. With Additions, And an Appendix, Containing Authentic Copies of the argument of the Late Honourable Mr. Justice Foster in the Court of Judges Delegates, And of the Speech of the Right Honourable Lord Mansfield in the House of Lords, In the Cause Between the City of London and the Dissenters. London: Printed for T. Cadell, 1771. xxiv, 284 pp. Octavo (5" x 7-3/4"). Recent period-style quarter calf over cloth, raised bands and lettering piece to spine, endpapers renewed. Light soiling to title page, faint dampstain to final index leaf. Small early embossed stamps to title page, internally clean. Handsome. $650.
* Second edition of a work first published in 1770. This essay advocating religious liberty was inspired by a passage from Section III of Book IV, Chapter 4, “Of Offences Against God and Religion,” from Blackstone’s Commentaries. It was later reissued in Philadelphia with a collection of similar essays by Joseph Priestley and others entitled An Interesting Appendix to Sir William Blackstones’s Commentaries (1772), which was reissued the following year with the title The Palladium of Conscience. OCLC locates 40 copies of this edition. Eller 254.

Popular Early

Nineteenth-Century English Legal Manual

50. Gifford, John [1758-1818], Pseudonym of Alexander Whellier. The Complete English Lawyer; Or, Every Man His Own Lawyer, Containing the Summary of the Constitution of England; Its Laws and Statutes. Particularly Those Relative to Arrests, Bankruptcy, Benefit Societies, Bills of Exchange, The Clergy, Distresses, the Game Laws, Executors and Administrators, Guardian and Ward, Husband and Wife, Insolvent Debtors, Landlord and Tenant, Libel, Master and Servant, Nuisances, Overseers, Parent and Child, Saving Banks, Tithes, Wills, &c. &c. &c. Also the Criminal Law of England, Comprising Every Species of Public Offences With their Punishments. To Which is Added an Appendix, Containing the Most Approved Forms...Also, A Supplement, Containing The Excise Laws, The Customs’ Laws, The Assessed Taxes, The Stamp Duties, &c. London: Printed by R. MacDonald for A. Whellier, 1823. 668, 148 pp. Two parts in one, each with title page. Octavo (5-1/4" x 8-1/4"). Contemporary three-quarter calf over textured cloth, raised bands and gilt ornaments to spine, marbled edges and endpapers. Some rubbing with light wear to spine, joints and corners, a few small scuffs. Light foxing to title page and a few leaves, interior otherwise fresh. A handsome copy. $300.
* Eighth edition. This popular work went though several editions. The final appearing in 1830. It provided local authorities with the wisdom to practice law, and it covers all areas that was relevant to the general public during the early nineteenth century. Alexander Whellier, a barrister, published several legal works under the pseudonym John Gifford. OCLC locates 5 copies of this edition, 21 of all editions. Sweet & Maxwell 1:377.

51. Gleason, J.H. The Justices of the Peace in England 1558-1640: A Later Eirenarcha. Oxford: At the Clarendon Press, 1969. xvi, 285 pp. Plates. Cloth very good in lightly worn and soiled dust jacket with a few tiny stains. “4389” in small hand to verso of title page, interior otherwise fine. $85.
* A study of justices of the peace based on a study of nearly 1,300 justices who lived in Kent, Norfolk, Northamptonshire, Somerset, Worcestershire and the North Riding of Yorkshire.

52. Gregory, George C, and Stewart McReynolds. Forms for Virginia and West Virginia Annotated: Including Statutory, Common Law and Equity, Commercial, Corporations, and Criminal Forms. Charlottesville: The Michie Co., 1951. Four Volumes. Original textured cloth, some shelfwear. Owner bookplate to each front pastedown, owner stamp to front free endpaper of Volume 2, all interiors clean. $75.
* Fourth edition. “[T]he forms...have all been taken from official records or are forms which have been used in actual cases or forms from a well-known work on the subject.”: Preface, iv.

Important Late Work

by Grotius of Church-State Relations

53. Grotius, Hugo [1583-1645]. Van Dam, Harm-Jan, Translator and Editor. De Imperio Summarum Potestatum Circa Sacra. Critical Edition With Introduction, English Translation and Commentary. Leiden: Brill, 2001. Two volumes. Cloth very good in lightly worn dust jackets. $195.
* Completed in manuscript in 1617, De Imperio is Grotius’ most mature and subtle work on the political and legal relationship between church and state.

Important English Essays on the American Civil War

54. [Harcourt, Sir William Vernon (1827-1904)]. Letters by Historicus on Some Questions of International Law. Reprinted From ‘The Times’ With Considerable Additions. London: MacMillan and Co., 1863. xvi, 212 pp. Original textured cloth, black-stamped frames to boards, black-stamped fillets and gilt titles to spine. Some rubbing to extremities with light chipping to head of spine, corners bumped, small dampstain to rear board with some bubbling to cloth, hinges cracked but secure. Author presentation inscription to title page, internally clean. $200.
* First edition. Most of the essays collected in this book deal with questions of maritime law related to the American Civil War. According to the Dictionary of National Biography, “[Their] aim was to deny the southern states...recognition as belligerents and to define the obligation of neutrality on England’s part.... The letters, which had a marked effect upon political opinion, established the writer’s reputation.” (Supplement 1910-11). The essays include “Three Letters on Recognition,” “A Letter on the Perils of Intervention,” “Two Letters on the Law of Blockade,” “A Letter on the Right of Search” and “Some Extracts from Letters Published in the Winter of 1862 on the Affair of the ‘Trent,’ on Mr. Seward’s Despatch.” Allan Nevins’ Civil War Books rates this work highly (See I:256). Granville was an important liberal statesman and Whewell professor of international law at Cambridge University. Catalogue of the Library of the Harvard Law School (1909) [HLC] I:867.

55. Harrison, A.R.W. The Law of Athens: Procedure. Oxford: At the Clarendon Press, 1971. xiv, 270 pp. Cloth very good in lightly worn dust jacket. $85.
* This volume, which addresses most aspects of procedure in fourth century BCE Athens, is a companion to the author’s The Law of Athens: The Family and Property (Oxford, 1968).

56. Henderson, Gerard Carl. The Position of Foreign Corporations in American Constitutional Law. A Contribution to the History and Theory of Juristic Persons in Anglo-American Law. Cambridge: Harvard University Press, 1918. xix, 199 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-18233. ISBN 1-886363-89-7. Cloth. $50.
* Traces the history of the gradual evolution of the history of foreign corporations from the denial of their international status in colonial times through to civil recognition and equality that occurred after the industrial revolution.

Compilation of Austrian Laws

Issued Between 1721-1740

57. Herrenleben, Sebastian Gottlieb, ed. Sammlung Oesterreichischer Gesetze und Ordnungen, wie Solche von Zeit zu Zeit Ergangen und Publiciret Worden, so Viel Deren vom Jahr 1721. bis auf ...Tod-Fall...Caroli VI [1740]. Vienna: Gedruckt bey J.T. Trattner, 1752. [iv], 1144, 68 pp. Folio (9" x 14"). Original full vellum. Handsome armorial bookplate of the Archbishop of Vienna to front pastedown. Sporadic light foxing, minor worming to rear hinge and a few leaves with no loss to text. Handsome red and black title page, woodcut head- and tail-pieces. Desirable. $1,500.
* With two indexes and marginal glosses. A compilation of Austrian laws, mandates, orders and patents issued during the Reign of Charles VI. OCLC locates nine copies. See illustration below.

58. Hollams, Sir John. Jottings of An Old Solicitor. London: John Murray, 1906. viii, 254 pp. Original cloth, top edge gilt, moderate shelfwear. Light foxing to endleaves and index, interior otherwise clean. $95.
* “[This is] a little book of great sagacity by an English lawyer. He has penetrating reflections on some basic problems of the administration of justice.”: Unpublished letter from Zechariah Chafee to William Garden Rae, February 26, 1947.

59. Holmes, Oliver Wendell [1841-1935]. De Wolfe Howe, Mark, Editor. The Occasional Speeches of Justice Oliver Wendell Holmes. Cambridge: The Belknap Press of Harvard University Press, 1962. ix, 178 pp. Cloth very good in lightly worn dust jacket, hinges just starting. Owner signature to front free endpaper, occasional underlining, interior otherwise clean. $15.
* This compilation contains all the contents of the 1913 edition of Speeches and “all the occasional addresses of the Justice’s which survive in authentic versions.”

A Handy Guide to Scots Civil Law Circa 1726

60. Hope, Sir Thomas. [1580?-1646]. Minor Practicks, Or, a Treatise of the Scottish Law. To Which is Subjoined, A Discourse On the Rite and Progress of the Law of Scotland: And an Alphabetical Abridgment of the Acts of Sederunt, From the Restoration to this Present Year. viii, 148, [2] pp.

Bayne, Alexander [d.1737]. A Discourse on the Rise and Progress of the Law of Scotland, and the Method of Studying It. For the Use of the Students of the Municipal Law. [ii], 151-187, [1] pp.

[And]

An Alphabetical Index and Abridgment of the Printed Acts of Sederunt of the Lords of Council and Session, From June 1661, To January 1726. [ii], 191-245 pp. Edinburgh: Printed by Mr. Thomas Ruddiman, 1726. Three volumes in one, each with title page. Octavo (4-1/4" x 6-3/4"). Contemporary speckled calf, blind double rules to boards, raised bands and lettering piece to spine. Light rubbing, corners bumped, a few small scuffs and faint stains, front joint just starting at ends, hinges cracked but secure. Attractive woodcut head and tail-pieces. Tiny owner signature to front pastedown. Light offsetting to margins of endleaves, interior otherwise fresh. An appealing copy of a scarce title. $600.
* First edition, and the only edition in this form. A concise manual of the laws of Scotland. Hope became a member of the Scottish Bar in 1605 and became a Joint Lord Advocate in 1626, sole Lord Advocate in 1628. A works based on Minor Practicks was published in 1734 under the title Practical Observations Upon Divers Titles of the Law of Scotland. OCLC locates 22 copies. Sweet & Maxwell 5:51.

The Last and Best Edition

61. Howell, T[homas] B[ayly] [1768-1815], and Thomas Jones Howell [d.1858]. Complete Collection of State Trials and Proceedings for High Treason and Other Crimes and Misdemeanors. [With] Jardine, David, Compiler. General Index to the Collection of State Trials. London: Various publishers, 1809-1828. Thirty-four volumes. Octavo (6" x 9"). All page edges marbled. Later cloth, gilt titles to spines, all edges marbled, endpapers renewed, internally clean. Ex-library. Perforated institutional name to title pages of most volumes. From the estate of Max Lowenthal. A very good set. $2,500.
* Fifth and final edition. A vast work chronicling the record of the higher criminal jurisprudence of England over a period of seven hundred years. “Some cases in the work, of course, are good, some bad; some jejune, some most interesting: some of high authority, some not law at all...as to matters of constitutional history, scarcely any book is of higher credit...as to matters of legal doctrine, until you come to the revolution of 1688, scarcely any can be lower...” (cited in Marke 1031). Although the first ten volumes of this series bear Cobbett’s name on the title-page he was nothing more than the originator of the work, which is generally known as Howell’s State Trials. “This edition contains a vast number of additional cases. It details in a chronological series the various cases which had appeared in the former volumes with less regard to such arrangement, and it has the great convenience of an octavo form...” Wallace 67. This edition in comparison to Hargrave’s State Trials is enhanced by numerous references and explanatory notes. Lowenthal, an advisor to President Truman, worked on the Alger Hiss defense and was part of the Wickersham Commission. Marvin 661. S&M II:174. HLC I:405 & 960. See illustration below.

62. Hunnisett, R.F. The Medieval Coroner. Cambridge: Cambridge University Press, 1961. xiii, 217 pp. Original cloth. Dust jacket lacking, otherwise fine. $95.
* In the thirteenth and early fourteenth centuries, the coroner was concerned with many aspects of law and local administration, and with some of the most dramatic episodes of medieval life. This book, while primarily the study of a particular office, illuminates a wide range of social and economic conditions in medieval England and offers a substantial contribution to English legal history.

First American Edition

of Jacob’s Every Man His Own Lawyer

64. Jacob, Giles [1686-1744]. Every Man His Own Lawyer: Or, A Summary of the Laws of England, In a New and Instructive Method, Under the Following Heads, Viz. I. Of Actions and Remedies, Writs, Process, Arrests, and Bail. II. Of Courts, Attornies and Solicitors Therein, Juries, Witnesses, Trials, Executions, &c. III. Of Estates and Property in Lands and Goods, And How Acquired, Ancestors, Heirs, Executors and Administrators. IV. Of the Laws Relating to Marriage, Bastardy, Infants, Ideots, Lunaticks. V. Of the Liberty of the Subject, Magna Charta, the Habeas Corpus Act, and other Statutes. VI. Of the King and his Prerogative, the Queen and Prince, Peers, Judges, Sheriffs, Coroners, Justices of Peace, Constables, &c. VII. Of Publick Offences, Treason, Murder, Felony, Burglary, Robbery, Rape, Sodomy, Forgery, Perjury, &c. and Their Punishment. All of Them so Plainly Treated of That All Manner of Persons May be Particularly Acquainted With Our Laws and Statutes, Concerning Civil and Criminal Affairs, And Know How to Defend Themselves and Their Estates and Fortunes, An All Cases Whatsoever. Corrected and Improved, With Many Additions, from Lord Raymond, Comyn, Strange, Foster, And with the Statute Law Down to 4 Geo. 3. Inclusive. New-York : Printed by Hugh Gaine, 1768. iv, 289, [13] pp. Octavo (4-1/2" x 7-1/4"). Contemporary sheep, blind fillets to boards, raised bands to spine. Rubbing with light wear to extremities, corners bumped, small chip to head of spine, hinges cracked but secure. Rear endleaf lacking, final text leaf carefully rettached. Light offsetting to margins of preliminaries and final leaves, negligible light foxing to some leaves. Later owner signature to front free endpaper, interior otherwise clean. A lovely unsophisticated copy. $2,250.
* First American edition, designated the seventh on the title page in reference to the prior six editions published in London. This popular layman’s guide by one of the most prolific legal writers of eighteenth-century England went through ten English editions between 1736 and 1788. The mention of “All Manner of Persons” in the subtitle is significant. Jacob, though certainly interested in boosting sales by attracting the widest audience possible, was an idealist who believed that widespread knowledge of the law would help create a more just society. This is also evident in his other publications, such as The Common Law Common-Placed (1726) and Treatise of Laws (1721). OCLC locates 20 copies. Evans, American Bibliography 10935. Cohen 8202. See illustration below.

65. [Jennings, W. Ivor, Editor]. Modern Theories of Law. London: Oxford University Press, 1933. vi, 229. Cloth very good in worn dust jacket. Split between title page and following leaf. Early owner annotation to front free endpaper, interior otherwise clean. A solid copy. $65.
* Texts of public lectures delivered at the London School of Economics in 1932 by A.L. Goodhart, A. Meyendorf, Morris Ginsberg, Harold J. Laski, W. Ivor Jennings, Maurice Sheldon Amos, Hirsch Lauterpacht, B.A. Wortley, William A. Robson and C.A.W. Manning.

Equity Jurisdiction in the High Court of Chancery

66. Jeremy, George. A Treatise on the Equity Jurisdiction of the High Court of Chancery. Philadelphia: Robert H. Small, 1830. lxxii, 603 pp. Star-paged. Octavo (5-1/2" x 9"). Contemporary sheep, blind frames to boards, lettering piece and blind fillets to spine. Light rubbing and some tiny nicks to boards, moderate rubbing to extremities and spine with some wear. Later bookplate to front pastedown, early bookplate to front free endpaper, light foxing to text. A solid copy. $125.
* First American edition, from the first and only London edition, 1828. “The author does not profess to give a full and complete view of the whole system, but only to trace out and arrange the more general rules which govern the determination of the Court. It seems to have been compiled with a view to show...the nature and extent of the jurisdiction of the Court of Chancery....”: Marvin 424. OCLC locates 34 copies. Cohen 4974.

67. Jones, John Walter. The Law and Legal Theory of the Greeks: An Introduction. Oxford: At the Clarendon Press, 1956. x, 327 pp. Original cloth, light shelfwear, internally clean. Ex-library. Location number to spine, stamps to endleaves, card pocket to rear pastedown. A nice copy. $75.
* “This book began in some rather desultory notes on passages of legal interest in the Greek authors, and probably it still shows too many marks of its origin. But its aim is not so much to offer a systematic account of the law current among the Greeks as rather to sketch their legal ideas, whether in or about the law, as an aspect of their thought about life in the city.” Preface v.

68. Judson, Frederick N. The Law of Interstate Commerce and Its Federal Regulation. Chicago: T.H. Flood & Co., 1905. Reprinted Littleton, CO: Rothman, 1981. xix, 509 pp. Cloth. New. $52.
* Covers the law of interstate commerce as provided from judicial opinions and the Acts of Congress passed in pursuance of its power to regulate interstate commerce. The Interstate Commerce Act, the Anti-Trust Act of 1890, and other statutes are considered in detail.

The Digest of Justinian En Espanol

69. Justinian I, Emperor of the East [483-565 CE]. D’Ors, A., Hernandez-Tejereo, F., Fuenteseca, P., Garcia-Garrido, M., and Burillo, J., Translators. El Digesto de Justiniano. Pamplona: Editorial Aranzadi, 1968-1975.Three volumes. Original cloth, Some shelfwear and rubbing to spines, joints of Volume II just starting, rear hinge of Volume III carefully repaired. Internally clean. A nice copy of an uncommon set. $450.
* Commissioned by the Byzantine Emperor Justinian in 530 CE, the Digest (or Pandects) is a critical edition of writings by Gaius, Ulpian, Papinian and 36 other eminent jurisconsults organized by topic. Along with the Institutes, Code and Novels, the Digest is one of the writings known collectively as the Corpus Juris Civilis. Its subsequent influence on European jurisprudence is difficult to underestimate. OCLC locates 8 copies.

Attractive 1580 Folio Edition

of Justinian’s Code and Institutes

70. Justinian I. LeConte, Antoine [c.1525-1586] and Giulio Pace [1550-1635], Editors and Annotators. Codicis DN. Iustiniani Sacratiss. Principis PP. Aug. Repetitae Praelectionis Libri XII. Permultis Graecis Constitutionibus, Graecarum Constitutionum Interpretationibus, Argumentis, Notis Aucti & Locupletati Studio ac Diligentia Iul. Pacii. Accesserunt Chronici Canones, Fasti Regu. & Consulares Usque ad Iustiniani Mortem ex Optimis Auctoribus Collecti. [xx] pp., 888 cols., [22] pp.

Pace, Giulio, Editor. Authenticae, Seu Novellae Constitutiones DN. Iustiniani Sacratissimi Principis. Notis Locupletatae & Recognitae, Studio & Diligentia. [viii] pp., 328 cols.

[And]

Iustiniani Imperatoris Edicta. Item Iustini, Tiberii, Ac Leonis, Aliorumque Imperatorum Constitutiones. [viii] pp., 136 cols.

[And]

Consuetudines Feudorum, Partim ex Editione Vulgata, Partim ex Cuiaciana Nunc Primum Vulgatae Apposita. Constitutiones Friderici II. Imp. Extravagantes. Liber de Pace Constantiae. [iv] pp., 60 cols.

Pace, Giulio, Editor and Annotator. Dn. Iustiniani PP. A. Institutionum [Iuris] Libri IIII. Compositi per Tribonianum V. Magnificum et Exquaestorem Sacri Palatii, & Thophilum & Dorotheum VV. Illustres & Antecessores. Aucti et Illustrati Annotationibus, Paragraphorum Argumentis, Duabus Graduum Cognationis Descriptionibus, Ac Methodo Synoptica. [viii] pp, 104 cols., [132] pp. [Geneva]: Excudebat Eustath. Vignon Atrebat, 1580. Folding tables. Folio (9" x 14"). Contemporary limp vellum, early hand-lettered title in bold gothic hand to spine. Light soiling, boards slightly bowed, hinges cracked but secure. All works preceded by attractive woodcut title pages with architectural frames, woodcut head-pieces, tail-pieces and decorated initials throughout. Occasional faint dampstaining, wear to edges of leaves in first gathering with no loss to text, similar wear to edges of folding tables. “Ex Bibliotheca” in tiny hand to foot title page of first work, interior otherwise clean. A handsome folio. $950.
* With indexes and fragments of the Twelve Tables. Perhaps the most important work in the history of European law, the body of writings known as the Corpus Juris Civilis was commissioned by the Eastern Roman Emperor Justinian in 530 CE. Compiled in three years under the direction of Tribonium, it was both a critical restatement of earlier law and jurisprudential writings and a complete collection of recent legislation. It is divided into four books, the Institutes, Digest, Code and Novels. The Code contains the laws in force during Justinian’s reign. Intended for students, the Institutes is a synopsis of the reformed legal system. The Novels is a collection of later laws. Drawn from the Novels, which consists of legislation enacted since the Code, the collection known as the Authentica was thought to be a compilation intended for Italy. (This idea is now discredited.) LeConte (Contius) was a French humanist jurist and a rival of Hotman and Duarenus. He is best known for his edition of the Corpus Juris Civilis and the treatises Notae in Libros Institutionum and Disputationes Juris Civilis. This volume, is part a nine-volume edition of Corpus Juris Civilis, is rounded out by other enactments, such as the Liber de Pace Constantiae. KVK locates 8 copies. Adams, Catalogue of Books Printed in the Continent of Europe, 1501-1600 J526. See illustration below.

An Attractive—And Uncommon—1552

Edition of the Institutes

71. Justinian I. Aldobrandini, Silverstro [1499-1558], Commentator. Institutiones Iuris, D. Iustiniani Sacratis. Principis Prima Legum Cunabula, a Clarissimo Iurisco. Lyons: Apud Antonium Vincentium, 1552. [Printed by Denis de Harsy]. [52], 221, 224-389, [3] fols. One (folding) plate. Octavo (4-1/2" x 6"). Handsome contemporary (dated 1553) German paneled pigskin with elaborate blind stamping, raised bands and early hand-lettered title to spine. Binding lightly rubbed, lower right corner of front board worn with minor loss. Printed throughout in red and black. Attractive crible initials. Attractive woodcut table of descents. Extensive MS notes in Latin in neat contemporary hand to front and rear endleaves and rear blank, on title page, and some margins, also some underlinings. Faint dampstaining to lower margin of some leaves, faint spotting to a few others, interior otherwise very clean and bright, with clear impression of text. A lovely copy. $3,000.
* A very scarce edition with notes by Gregorius Haloander [1501-1555], and Egidio Perrino. Also included is In Arborem Civilem Quaestiones by Cristoforo Porcio (d. 1442). Commissioned by the Emperor Justinian in 530 CE, the body of writings known collectively as the Corpus Juris Civilis preserved and restated all existing Roman law. It has four sections: the Code, Novels, Institutes and Digest. Intended for students, the Institutes is a synopsis of the reformed legal system. It supplanted the earlier Institutes of Gaius. The first edition with Aldobrandini’s commentaries appeared in Venice in 1538. The present copy has an interesting typographical feature. The verso of the colophon leaf features a curious and rather uncommon printer’s mark of Denys de Harsy, probably designed by Geofroy Tory, featuring two black men displaying shield with monogram DDH. Hugh Davies writes about this device (Devices of the Early Printers, p.342): ‘A shield of uncommon shape, suspended from a branch... and partly supported by two negroes, lightly clad but with garlanded heads, bracelets, etc. It is a pity that it was usual with woodcut artists to represent ‘colored’ people in solid black instead of merely dusky, for as in the case of the devices with solid grounds the ink on a large unbroken surface does not print solid as a rule, but is broken up by the grain of the paper or by the texture of the ‘blanket’... [The design reflects] the interest in Abyssinia some years before [and during] this period, and here as it happens we have in the dexter supporter Balthasar of Sheba himself, though at second-hand, for he is evidently taken minus the crown from the corresponding figure in the Adoration of the Magi in more than one edition of the Horae illustrated by Tory. Further consideration and comparison of details, e.g. the wintry branches, make one feel that the design is by Tory himself...’ British Museum Short-Title Catalogue (French) 380 (citing the 1553 edition which appears to be an exact reprint of this 1552 edition). Not in Adams, Graesse or Schweiger. For the binding, see Haebler, I, 208.3. No copies of this printing found on OCLC or KVK. See illustration below and rear cover.