A Dissertation Shewing the Invalidity of All Proof by Similitude of...
Handwriting Evidence is Not Enough to Convict Le Vayer de Boutigny, Roland [1627-1685]. A Dissertation Shewing the Invalidity of All Proof by Similitude of Hands, In Criminal Cases. The Whole Collected from the Civil Law and Other Distinguished Authorities, Founded on the Principles of Reason and Equity, And Digested with a Clearness that Suits it to all Capacities. Translated from the Works of an Eminent French Civilian, And Proper to be Read by a Free People at All Times, But Particularly the Present, When a New Species of Treason, And That by Way of Correspondence, Has been Lately Created, The Extreme Danger of Which to the Most Innocent Person Living, Is Set Forth at Large in an Ample Preface by the Translator. London: Printed for M. Cooper, 1744. xxvi, 82 pp. Octavo (8" x 4-3/4"). Contemporary quarter calf over marbled boards, raised bands and hand-lettered title to spine, edges rouged. Light rubbing to boards, moderate rubbing to extremities, a few small nicks and chips to spine, light wear to board edges and corners, which are bumped, front hinge starting, brief early annotations (shelf-marks) to verso of front endleaf. Light toning, negligible light foxing to margins of last few leaves, upper corner of leaf a1 (pp. iii-iv) lacking without loss to text, internally clean. A nice copy of a scarce title. $1,650. * Only English edition. First published in 1666 as Traite de la Preuve par Comparaison d'Ecritures, this treatise gives a historical overview of the use of handwriting analysis in criminal cases with reference to Greek and Roman law, English common law and French procedure. The discussion of Roman law is particularly extensive. It concludes that handwriting evidence is generally insufficient to secure a conviction and should not be admitted in criminal cases. Le Vayer was a lawyer in the parlement of Paris who wrote extensively on the rights of the accused. Our English translation of his work includes an extensive preface by the (anonymous) translator discussing the uses and abuses of handwriting evidence in English treason trials, including those of Algernon Sidney and Thomas Sprat. OCLC locates 3 copies of this title in North American law libraries (Columbia, Yale, Washington University). (The ESTC erroneously locates 2 copies at Harvard Law School, both electronic reproductions.).
Price: $1,650.00
Book number 74594