Study of the Civil Law Notable for Its Criticism of the Crown Duck, Arthur [1580-1648]. De Usu & Authoritate Juris Civilis Romanorum, Per Dominia Principum Christianorum. Libri Duo. London: Iimpensis Thomae Dring, & Venales Prostant Apud Johannem Dunmore, 1679. [xxxiv], 120, 97-120, 145-405,  pp. First page of text preceded by publisher advertisement leaf. 12mo (6" x 3-1/2"). Contemporary mottled calf, rebacked in period style with gilt-edged raised bands, blind ornaments and lettering piece, hinges mended. Light gatoring, minor worming and a few nicks and scuffs to baords, some wear to corners. Title printed within ruled border. Light toning to text, clean tear to leaves H11-12 (pp.189-192) with no loss to text. An attractive copy. $850 * Second edition. On one hand, this book, first published in 1653, is an explanation of the "use and authority" of the civil law in England. On the other, it is a critical appraisal of the English Crown. As Coquillette observes, "[m]ore than half of this little book was dedicated to showing that there was a good deal of 'might makes right' in the early English monarchy, rather questionable legitimacy of succession, and some major institutional dislocations beginning with the 'harsh...yoke of the conquest itself." This was an unusual position for a staunch Royalist and member of the Royalist-leaning Doctor's Commons to take. Indeed, fearing punishment, Duck refused to publish this work during his lifetime. It had a lively posthumous history, however. It had two later English editions in 1679 and 1689 and several continental editions, including one by Elzevier. A partial translation was published as an appendix to a translation of Ferriere's History of the Roman or Civil Law (1724). Our copy's collation differs slightly from the ESTC record, but matches the collation of another copy we examined and others listed on OCLC. Coquillette, The Civilian Writers of Doctor' Commons, London 161-163. English Short-Title Catalogue R35018.
Book number 71081