61. Adams, W.H. Davenport
Learned in the
Law; or Examples and Encouragements from the Lives of Eminent
Lawyers.
London: S.W. Partridge
& Co., [1882?]
vi, 392 pp. Reprinted
2002
ISBN 1-58477-238-7. Cloth.
$100.
62.
[American Association of Law Schools]
Select Essays
in Anglo-American Legal History. By Maitland, Pollock, Holmes,
Beale, Holdsworth and Others.
Boston: Little, Brown,
and Company, 1907
Three volumes. 847; 823;
862 pp. Reprinted 1992
LCCN 91-77977. ISBN 0-9630106-1-1.
Cloth. $195.
63.
Bacon, Sir Francis
The Elements of
the Common Lawes of England, Branched into a Double Tract: The
One Contayning A Collection of Some Principall Rules and Maximes
of the Common Law, With Their Latitude and Extent. Explicated
for the More Facile Introduction of Such as are Studiously Addicted
to That Noble Profession.
[with]
The Other: The
Use of the Common Law, for the Preservation of our Persons,
Goods, and Good Names. According to the Lawes and Customes of
this Land.
London: Printed by
the assignes of I. More Esq., 1630
xix, 104, vii, 84 pp.
Reprinted 2003
LCCN 2002025942. ISBN
1-58477-248-4
Cloth. $85.
* Bacon [1561-1626], one of the
great intellectuals of the age, held the posts of Solicitor
General, Attorney General and Lord Chancellor during the reign
of James I. The Elements of the Common Laws of England
is the general title for a work that is comprised of two different
treatises: A Collection of Some Principall Rules and Maximes
of the Common Lawes of England and The Use of the Law,
Provided for the Preservation of Our Persons, Goods and Good
Names. The first contains twenty-five maxims, or regulae.
They are remarkable for their stylistic vigor, intellectual
rigor, meticulousness and clarity. It was the first part of
De Regulis Juris, a codification of English law that
Bacon never completed. This is quite unfortunate, observes Holdsworth,
because “he alone had the philosophical capacity, the historical
knowledge and the literary taste needed to select the subject
matter and shape the form of the books. (...) [Had he completed
the book] there would be many who would question whether, as
a lawyer, he was not Coke’s superior.” The second treatise is
a review of the history and practical application of criminal
law, estate law, personal property law and the law of slander
(i.e. “the preservation of our good names from shame and infamy”).
Holdsworth, A History of English Law V:498-499. Marvin,
Legal Bibliography (1847) 83-84.
64.
Beard, Charles Austin
The Office of
the Justice of the Peace in England, in its Origin and Development.
New York: Columbia
University Press, 1904
184, [1] pp. Reprinted
2001
ISBN 1-58477-102-X. Cloth.
$60.
65.
Brown, Basil
Law Sports at
Gray’s Inn (1594) Including Shakespeare’s connection with the Inns of Court, the
origin of the Capias Utlegatum re Coke and Bacon, Francis Bacon’s
connection with Warwickshire, together with a reprint of the
Gesta Grayorum.
New York: [Privately
Printed by the Author], 1921
xciv, 188, 88, [9] pp.
Reprinted 2002
LCCN 99-049829. ISBN
1-58477-056-2. Cloth. $85.
66.
Coke, Sir Edward
The First Part
of the Institute 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, Esqrs. Of Lincoln’s Inn, Including also The Notes of
Lord Chief Justice Hale and Lord Chancellor Nottingham; and
An Analysis of Littleton, written by an unknown Hand in 1658-9.
By Charles Butler,
Esq. The Eighteenth Edition, Corrected.
London, J. & W.T.
Clarke, 1823
Two volumes. ccxvi,[606];
iv, [772] pp. Reprinted 2000
LCCN 99-41675. ISBN 1-58477-033-3.
Cloth. $195.
67.
Coke, Sir Edward
The Second Part
of the Institutes of the Laws of England;
Containing the
Exposition of Many Ancient and Other Statutes.
London: Printed for
W. Clarke and Sons, 1817
Star-paged. [18], 746,
[49] pp. Reprinted 2002
ISBN 1-58477-200-X. Cloth.
$125.
68.
Coke, Sir Edward
The Third Part
of the Institutes of the Laws of England;
Concerning High
Treason, and Other Pleas of the Crown and Criminal Causes.
London: Printed for
W. Clarke and Sons, 1817
Star-paged. [10], [244],
[20] pp. Reprinted 2002
ISBN 1-58477-201-8. Cloth.
$75.
69.
Coke, Sir Edward
The Fourth Part
of the Institutes of the Laws of England;
Concerning The
Jurisdiction of the Courts.
London: Printed for
W. Clarke and Sons, 1817
Star-paged. [12], 364,
[49] pp. Reprinted 2002
ISBN 1-58477-202-6. Cloth.
$85.
70.
Coke, Sir Edward
The Reports of
Sir Edward Coke, Knt. In Thirteen Parts. A New Edition,
with Additional
Notes and References, and with Abstracts of the Principal Points:
The First Three
Parts and the Fourth to Fol. 38a. by John Henry Thomas, Esq.
The Rest of the
Fourth and the Remaining Nine Parts by John Farquhar Fraser,
Esq.
London: Joseph Butterworth
and Son, 1826
Six volumes. With a new
introduction by Stephen M. Sheppard. Reprinted 2002
ISBN 1-58477-239-5. Cloth.
$595.
71.
Fortescue, Sir John
DeLaudibus Legum
Angliae. A Treatise in Commendation of the Laws of England.
With Translation
by Francis Gregor. Notes by Andrew Amos and a
Life of the Author by
Thomas (Fortescue) Lord Clermont.
Cincinnati: Robert Clarke
& Co., 1874
lxiv, 302 pp. Reprinted
1999
LCCN 99-16485. ISBN 1-58477-019-8.
Cloth. $65.
72.
Fortescue, Sir John
The Governance
of England: Otherwise Called The Difference between an Absolute
and a Limited Monarchy.
A Revised Text
edited with Introduction, Notes, and Appendices by Charles Plummer.
London: Oxford
University Press, 1885
xxiii, 387pp. Reprinted
1999
ISBN 1-886363-79-X. Cloth.
$70.
73.
Foss, Edward
The Judges of
England; with Sketches of Their Lives, and Miscellaneous Notices
Connected with the Courts of Westminster, from the Time of the
Conquest.
London: Longman,
Brown, Green, and Longmans, 1848-1864
Nine volumes. Reprinted 2003
ISBN 1-58477-304-9. Cloth. $895.
See
item 234 in section Legal
Biography & Personages for more information on this title.
74.
Hale, Sir Matthew
Historia Placitorum
Coronae. The History of the Pleas of the Crown. Now First Published
from his Lordship’s Original Manuscript, and the Several References
to the Records Examined by the Originals, with Large Notes.
By Sollem Emlyn of
Lincoln’s Inn, Esq.
To which is added a Table
of the Principle Matters.
[London]: Printed by E. and R.
Nutt and R. Gosling, 1736
Two volumes. Reprinted
2003
ISBN 1-58477-282-4
Cloth. $295.
*Reprint of the first edition. Widely
acclaimed for its skillful, comprehensive and masterful discourse,
this is the first history of English criminal law. Although
Hale [1609-76] had planned to write this work in three books,
only the first book was completed before his death. It covers
the capital offenses - treasons and felonies. “This book, so
far as it extends, gives a complete presentment of this branch
of the law, both in its development and in its condition at
Hale’s own time...Ever since its first publication it has been
regarded as a book of the highest authority.” Holdsworth, Sources
and Literature of English Law 152-153. See Winfield, The
Chief Sources of English Legal History 327-8
75.
Hale, Sir Matthew
The History and
Analysis of the Common Law of England.
Stafford: J. Nutt, 1713.
[x], 264, [28], 176 pp.
Reprinted 2000
LCCN 99-33739. ISBN 1-58477-024-4.
Cloth. $85.
76.
Holdsworth, Sir William
An Historical
Introduction to the Land Law.
London: Oxford
University Press, 1927
xxiv, 339 pp. Reprint
available 2003
LCCN 2002025949. ISBN
1-58477-262-X
Cloth. $95.
* Sir William Holdsworth [1871-1944]
was one of the most distinguished historians of English common
law. He wrote this book to provide students of real property
with a concise history of the field. This knowledge was necessary,
he believed, because contemporary land law was difficult to
understand without an understanding of its roots. Fortunately
Holdsworth took on the task. Fifoot commends this book in his
English Law and its Background for its history of the
rules against perpetuities (121). The Law Quarterly Review noted
that “every beginner will certainly have to read [this] book
before he reads anything else” (44:105). Both sources cited
in Marke, A Catalogue of the Law Collection at New York University
(1953) 773.
77.
Hutchinson, John
A Catalogue of
Notable Middle Templars, with Brief Biographical Notices.
[London]: The Honourable Society
of the Middle Temple, 1902
xiv, 284 pp. Reprint
available 2003
LCCN 2002041361. ISBN 1-58477-323-5
Cloth. $80.
See
item 242 in section Legal
Biography & Personages for more information on this title.
78.
James I.
The Political
Works of James I.
Reprinted from the
Edition of 1616. With an Introduction by Charles Howard McIlwain.
Cambridge: Harvard
University Press, 1918
cxi, 354 pp. Reprinted
2002
LCCN 2001053981. ISBN
1-58477-222-0. Cloth. $95.
79.
Jenks, Edward
The Constitutional
Experiments of the Commonwealth. A Study of the Years 1649-1660.
Cambridge: The University
Press, 1890
iv, 154 pp. Reprinted
2002
LCCN 00-067823. ISBN
1-58477-141-0. Cloth. $80.
80.
Kames, Henry Home, Lord
Historical Law-Tracts.
The Second Edition.
Edinburgh: A. Kincaid,
1761
xv, 463 pp. Reprinted
2000
LCCN 99-43133. ISBN 1-58477-038-4.
Cloth. $95.
81.
Lambard, William
Eirenarcha: Or,
of the Office of the Justices of Peace in Two Bookes, Gathered
1579 and Now Revised and Firste Published in the 24. Yeare of
the Peaceable Reigne of our Gratious Queene Elizabeth.
London: Newbery,
1581
[viii], 511, [xv] pp.
Reprinted 2003
LCCN 2002025944. ISBN
1-58477-246-8
Cloth. $95.
* First published in 1581, this
treatise is esteemed for its comprehensive and systematic account
of the organization of local government under the justices of
the peace at the end of the sixteenth century. It was the standard
authority for several decades and often reprinted. Like many
books of its kind, Eirenarcha offers a unique perspective
on the society that produced it. This is evident in the descriptions
of detailed indictments for such offenses as killing a man through
witchcraft, raping a child or maid (the age of distinction was
ten), hearing a Catholic Mass, practicing usary and operating
a bowling alley. Lambard [1536-1601], a barrister and legal
historian, was the keeper of records at the Rolls Chapel and
the Tower
of London.
82.
[Macaulay, Thomas Babington]
A Penal Code Prepared
by the Indian Law Commissioners, and published by
Command of the
Governor General of India in Council.
London: Pelham Richardson,
Cornhill, 1838
viii, 138 pp. Reprinted
2002
LCCN 99-16486. ISBN 1-58477-018-X.
Cloth. $65.
83.
Maitland, Frederick W. and Francis C. Montague
A Sketch of English
Legal History.
Edited with Notes
and Appendices by James F. Colby.
New York: G.P. Putnam’s
Sons, 1915
x, 234 pp. Reprinted
1998
LCCN 98-11337. ISBN 1-886363-50-1.
Cloth. $50.
84.
Maitland, Frederick William
English Law and
the Renaissance (The Rede Lecture for 1901) with Some Notes.
Cambridge: at the
University Press, 1901
98 pp. Reprinted 2000
LCCN 99-41654. ISBN 1-58477-034-1.
Cloth. $60.
85.
Maitland, F[rederick] W[illiam]
The Constitutional
History of England.
A Course of Lectures Delivered.
Cambridge: Cambridge
University Press, 1908
xxviii, 547 pp. Reprinted
2001
LCCN 00-068895. ISBN
1-58477-148-8. Cloth. $95.
86.
McKechnie, William Sharp
Magna Carta.
A Commentary on
the Great Charter of King John.
With an Historical
Introduction.
Second Edition, Revised
and in part Re-written.
Glasgow: James Maclehose
and Sons, 1914
xvii,530, [2] pp. Reprinted
2000
LCCN 99-38731. ISBN 1-58477-031-7.
Cloth. $95.
87.
Merriam, C.E., Jr.
History of the
Theory of Sovereignty Since Rousseau.
New York: Columbia
University Press, [1900]
x, [11]-233 pp. Reprinted
1999
LCCN 98-32385. ISBN 1-886363-76-5.
Cloth. $65.
88.
Nichols, Francis Morgan
Britton.
The French Text
Carefully Revised with an English Translation, Introduction
and Notes.
Oxford: Clarendon
Press, 1865
Two volumes. Reprinted
2003
LCCN 2002024326. ISBN
1-58477-258-1
Cloth. $165.
* Probably originally compiled by
John le Breton around 1290, it is the oldest English law book
in French. Consisting of French text with parallel English translation
and a glossary of French terms, this edition edited and translated
by Nichols is considered to be the “standard edition.” Walker,
The Oxford
Companion to Law
154. Along with Fleta, Britton is one of two significant
law books produced during the reign of Edward I [1272-1307].
The origins of Britton may be traced to a project of Edward
I to produce a digest of the English law in the spirit of Justinian’s
Institutes. Book One outlines the authority of justices
and officers and defines the nature of various personal pleas
(including pleas of the crown). Book Two describes disseisins
and their remedies. Book Three treats intrusions and their remedies.
Book Four describes pleas relating to advowsons and the property
of churches (and of attaints). Book Five outlines pleas of dower
and entry. Book Six defines different kinds of proprietary actions.
In all, this treatise offers an incomparable overview of British
law during the medieval era. See Holdsworth, A History of
English Law II: 319-321.

89.
Oakley, Thomas Pollack
English Penitential
Discipline and Anglo-Saxon Law in Their Joint Influence.
New York: Columbia
University Press, 1923
226 pp. Reprint available
2003
LCCN 2002042753. ISBN
1-58477-302-2
Cloth. $65.
* Penitentials are manuals for confessors
that outline penances and their fines. They originated in the
Celtic church and their use spread throughout the
British Isles during the early middle ages. Though restricted
to church discipline, they often influenced secular law. Beginning
with a history and discussion of the penitentials, Oakley examines
the legal traditions that influenced their development and their
reciprocal influence on the development of the common law.
Originally published as Volume CVII, Number 2 in Columbia’s
series, Studies in History, Economics and Public Law.
90.
Parnell, Henry
A History of the
Penal Laws Against the Irish Catholics,
from the Treaty
of Limerick to the Union.
Dublin: Printed by
H. Fitzpatrick, 1808
226, xxii pp. Reprint
available 2003
LCCN 2002044357. ISBN
1-58477-313-8
Cloth $80.
* Reprint of first edition. Sir
Henry Parnell [1776-1842], later Lord Congleton, was an Anglo-Irish
parliamentarian and treasury official sympathetic to the plight
of Irish Catholics. Enhanced by its extensive quotation of source
records, this book traces the history of laws against “religious
non-conformists” between 1689 and 1801. Though certainly partisan,
it is valuable for Parnell’s perspective and first-hand knowledge
of several crucial events of the 1780s and `90s. 

91.
Perry, Ross R.
Common-law Pleading.
Its History and
Principles. Including Dicey’s Rules Concerning Parties to Action
and Stephen’s
Rules of Pleading.
Boston, Little, Brown
and Company, 1897
xxvi, 494 pp. Reprinted
2001
ISBN 1-58477-105-4. Cloth.
$95.

92.
Plucknett, Theodore F.T.
A Concise History
of the Common Law.
Fifth Edition.
Boston: Little, Brown
and Company, 1956
Reprinted 2001
LCCN 00-067821. ISBN
1-58477-137-2. Cloth. $125.

93.
Pollock, Frederick and Frederic William Maitland
The History of
English Law before the Time of Edward I.
Cambridge: Cambridge
University Press, 1898
Two volumes. Reprinted
1996
LCCN 96-16003. ISBN 1-886363-22-6.
Cloth. $250.

93a.
Powell, Chilton Latham
English Domestic
Relations 1487-1653.
A Study of Matrimony
and Family Life in Theory and Practice as Revealed
by the Literature, Law, and History of the Period.
New York: Columbia
University Press, 1917
xii, 274 pp. Reprinted
2001
ISBN 1-58477-096-1. Cloth.
$75.

94.
Stock, Leo Francis
Proceedings and
Debates of the British Parliaments Respecting North America.
Washington, D.C.: The Carnegie Institution
of Washington, 1924
Five volumes. Reprinted
2003
LCCN 2002025966. ISBN
1-58477-254-9
Cloth. $495.
* This set collects all references
to
North America in the proceedings and debates of the parliaments
of England,
Scotland and Ireland recorded between 1542 and 1754. The “proceedings”
are taken from the officially published Journals; the “debates”
are taken from several sources, such as the transcripts of Parliamentary
sessions published in the Gentlemen’s Magazine. The scope of
the work is not confined to North America. It includes all items
relating directly or by implication to Canada, Central America,
South America, the Caribbean, the Philippines and Africa. It
also includes items relating to the navigation acts, the Royal
African Company and the Asientos, and all that concerns enactments,
repeals or alterations of duties and other acts concerning tobacco,
sugar, coffee, furs, indigo, whale products and other colonial
products. A useful source for the admiralty, maritime or commercial
law historian.

95.
Thomson, Richard
An Historical
Essay on the Magna Charta of King John.
To which are added,
the Great Charter in Latin and English, the charters of liberties
and confirmations,
granted by Henry
III and Edward I, the original Charter of the forests, and various
authentic instruments
connected with
them:
Explanatory Notes
on their Several Privileges;
A Descriptive
Account of the Principal Originals and Editions Extant, Both
in Print and Manuscript;
and Other Illustrations,
Derived from the Most Interesting and Authentic Sources.
London: John Major
and Robert Jennings, 1829
xxxii, 612 pp. Reprinted
2000
LCCN 99-40987. ISBN 1-58477-030-9.
Cloth. $95.

96.
[Thorpe, B., editor]
Ancient Laws and
Institutes of England; Comprising Laws Enacted under the Anglo-Saxon
Kings from Æthelbirtht to Cnut, With an English Translation
of the Saxon; The Laws called Edward the Confessor’s; The Laws
of William the Conqueror, and those Ascribef to Henry the First:
Also, Monumenta Ecclesiastica Anglicana, From the Seventh to
the Tenth Century; and the Ancient Latin Version of the Anglo-Saxon
Laws. With a Compendious Glossary, &c.
[London: Printed by George E. Eyre
and Andrew Spottiswoode, Printers to the Queen’s most Excellent
Majesty, 1840] x, [iv], 548, [79] pp. (9" X 12").
Reprint available February
2004
LCCN 2002024242. ISBN
1-58477-264-6
Cloth. $195.
* A critical edition of laws issued
before 1066 based on original manuscript sources, with most
in their original languages. With thorough notes, extensive
commentary, a concordance of sources, an index to the Anglo-Saxon
laws and an index to the Monumenta Ecclesiastica. Benjamin
Thorpe [1782-1870] was a well-known Anglo-Saxon scholar and
translator who published a number of principal works in this
field, including the important Analecta Anglo-Saxonica.
This edition remains a standard source for scholars of this
period. Dictionary of National Biography XIX: 795-796.

97.
Thorpe, W.[illiam] G.[eorge]
Middle Temple
Table Talk.
With Some Talk
about the Table Itself.
London: Hutchinson
& Co., 1894
xxiv, 376 pp. Reprint
available 2003
ISBN 1-58477-341-3. Cloth
$80.
* Reprint of first edition. Thorpe
[d.1902], a barrister and literary historian, was admitted to
the
Middle Temple in 1875. His book is a delightful miscellany of
Middle Temple anecdotes,
discussions of its official and unofficial customs, legal lore,
literary history and other topics discussed socially among Templars.
Interesting in itself, this book is equally valuable as a document
of the Middle Temple’s
institutional character at the turn of the century.

98.
Willis, John
The Parliamentary
Powers of English Government Departments.
Cambridge: Harvard
University Press, 1933
214 pp. Reprinted 2003
LCCN 2002025940. ISBN
1-58477-271-9
Cloth. $95.
* A thorough study of issues relating
to legislation enacted by persons or bodies to whom Parliament
has delegated specific powers. “This is the best book that has
yet been published on delegated legislation in England.
It has learning, it is well written, and it possesses what is
still rare in books of law-a graceful power of wit.” Harold
Laski, Harvard Law Review 47:1452-1453 cited in Marke, A
Catalogue of the Law Collection at New York University (1953)
263. Originally published as Volume IV in the Harvard Studies
in Administrative Law series.
