legal history, philosophy of law, jurisprudenceprinting and the mind of man 89: the "crown and...

October 6, 2020

30 TITLES

Legal History,Philosophy of Law,

Jurisprudence

A Scarce Cuban Textbook on the Philosophy of Law

1. Bachiller y Morales, Antonio [1812-1889].

Elementos De La Filosofia Del Derecho O Curso De Derecho Natural. Havana: Imprenta del Tiempo, 1857. xiii, 164, [2] pp.

Octavo (9" x 6").

Contemporary tree sheep, raised bands, gilt ornaments and red and black lettering pieces to spine, marbled endpapers.

Light rubbing to extremities, minor wear to spine ends and corners, a few minor scuffs to boards, faint tape residue near

foot of spine, front hinge cracked. Moderate browning and light foxing to text, internally clean. A nice copy. $950.

* Only edition. This is a thirty-lesson course on the philosophy of law by an essential figure in Cuban culture and Cuban

bibliography (Cuba's Librarian Day is celebrated on his birthday). He studied at the Seminary of San Carlos and earned

degrees in civil and canon law at the University of Havana, where he became dean of the Faculty of Philosophy. Jose Marti

wrote that talking to Bachiller y Morales was like having access to the library in Alexandria. OCLC locates 13 copies, 8 in

North America, 2 of them in law libraries (Harvard and Notre Dame). Not in the British Museum Catalogue.

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mailto:[email protected]://www.lawbookexchange.com/http://www.lawbookexchange.com/details.php?record=60529

The First London Edition of Blackstone's Commentaries

2. Blackstone, Sir William [1723-1780].

Commentaries on the Laws of England. In Four Books. London: Printed for W. Strahan; T. Cadell, In the Strand; And D. Prince,

At Oxford, 1774. Four volumes. Table of Consanguinity and folding Table of Descents in Volume II. Quarto (11" x 8-

1/2").

Nineteenth-century speckled calf, rebacked in period style, gilt fillets to boards, raised bands, gilt ornaments and lettering

pieces to spines, hinges mended, ribbon markers. Light rubbing and some minor scuffs and scratches to boards, moderate

rubbing to extremities, corners bumped and somewhat worn, contemporary armorial bookplates (of Harrington Hulton)

to front pastedown of each volume. Light toning to text, light foxing to a few leaves in each volume, later owner

annotations to front pastedown and free endpaper of Volume I. A very attractive set. $3,000.

* Sixth edition and the first edition published in London. The most influential publication in the history of modern Anglo-

American law, the Commentaries on the Laws of England is based on a course of lectures delivered at Oxford University.

Because they were not intended for aspiring practitioners, they described general principles rather than practical specifics.

Sensitive to the systematizing trends of the day and the prestige of the natural sciences, it described the common law as an

intricate, well-designed system akin to Newton's mechanistic universe. It was also an important account of the law's

evolution. As Holdsworth notes, "the Commentaries are not only a statement of the law of Blackstone's day, but the best

history of English law as a whole which had yet appeared...The skillful manner in which Blackstone uses his authorities

new and old, and the analogy of other systems of law, to illustrate the evolution of the law of his day, had a vast influence,

both in England and America, in implanting in the profession a sound tradition of the historical development of the law.":

Holdsworth, The Historians of English Law 22. Eller, The William Blackstone Collection at Yale University 9. Laeuchli, A

Bibliographical Catalogue of William Blackstone 12. Order This Item


The First Critical Edition of Magna Carta

3. Blackstone, Sir William [1723-1780].

The Great Charter and Charter of the Forest, With Other Authentic Instruments: To Which is Prefixed an Introductory Discourse,

Containing the History of the Charters. Oxford: Clarendon Press, 1759. [iv], lxxvi, [iv], 86 pp. Half-title and table of contents

(Tabula) are bound between pp lxxvi and 1. Copperplate engraved tail-pieces. Collated and complete. Folio (13-1/2" x 10-

1/4").

Contemporary diced calf, gilt fillets to boards, gilt spine with lettering piece, gilt tooling to board edges, gilt inside

dentelles, marbled edges and endpapers. Negligible light rubbing and a few nicks and scuffs to boards, moderate rubbing

to extremities, chipping to foot of spine, joints partially cracked, corners bumped, front hinge just starting at head,

bookplate residue to front pastedown, early bookplate ("RW" monogram) to verso of front free endpaper. Light toning,

light soiling and foxing to a few leaves, occasional light offsetting from engravings. Book housed in lightly worn cloth-

covered slipcase. A desirable wide-margined copy. $10,000.

* First edition of the first modern critical edition of Magna Carta, which surpassed all previous versions. Blackstone's first

important work, it contains the Articles of the Barons, the issues of the Great Charter from 1215, 1216 and 1217, with

several charters of confirmation, the Charter of the Forest and the Statute of Marlebridge. The introduction is in English

and the texts of the Magna Carta and Carta de Foresta in Latin. This remarkable work is esteemed for its appearance and

scholarship. Its physical appeal was recognized as early as 1829 in Richard Thompson's An Historical Essay on the Magna

Charta of King John, which described it as a "beautiful and rare edition" and with notably elegant typography. Along with its

elegant typography, this edition features an elegant engraved dedication to the Earl of Westmoreland surmounted with his

armorial ensigns, engraved historiated initials in the text depicting views of buildings at Oxford University, engraved tail-

pieces on pages lxxvi and 73 with historical vignettes and ten other ten engraved tail-pieces depicting the royal seals that

are attached to the original documents. Blackstone's essay, which is based on a great deal of original research, argued that

the charter was the foundation of English liberties. This idea, first proposed by Coke, was a central tenet of Whig ideology.

More important, Blackstone's research into the original texts demonstrated that all earlier editions of the charter were

based on the significantly different reissue of 1225, in the reign of Henry III, rather than the original one endorsed at

Runnymede. His philological approach was highly influential; it established the textual focus that has governed subsequent

study of the charter. Eller, The William Blackstone Collection in the Yale Law Library 237. Laeuchli, A Bibliographical Catalog of

William Blackstone 548. Order This Item


With a Section on Canon-Law Jurisprudence

4. Bonacina, Martino [1585-1631].

Tractatus Tres de Legibus, De Peccatis, Et de Praeceptis Decalogi: In Quorum Primo Agitur de Legibus in Genere, & in Specie, & de iis

Que Pertinent ad Legem Praeceptivam, & Poenalem, & ed eius Cessationem Agitur Etiam de Dispensationibus, & de Privi Egiis. In

Secundo Vero Copiose Agitur de Peccatis. In Tertio Denique Plura de Praeceptis Decalogi, Deque Duobus Ecclesiae Praeceptis, Videlicet,

Ieiunio, & Decimis; Solertissime Disputatur. In Hac Vero Nostra Postrema Editione non Solum Omnes Errores qui in Priori Irrepserant

Omni Diligentia Correcti & Emendati Sunt, Verum Etiam Quamplura Loca ab Ipso Autore Perpolita, & Illustrata. Venice: Sumptibus

Disjunctae Societatis, 1629. [x], 916, [88] pp. Main text in parallel columns. Quarto (8" x 6").

Contemporary vellum, speckled edges. Some soiling and a few minor stains, a few tiny worm holes, small chip to upper

corner of rear board, front hinge cracked but secure, rear hinge starting, minor worming to pastedowns. Large woodcut

device to title page, woodcut head-pieces, tail-pieces and decorated initials. Edges trimmed with negligible loss to text in

first and final gatherings. Toning, faint dampspotting and stains in a few places, internally clean. $650.

* Final edition. Bonacina was one of the foremost moralists of his age and an influential church official. A fine

introduction to his work on law and theology, Tractatus Tres was first published in 1622. Other editions followed in 1627,

1625 and 1629. As its subtitle indicates, the first of the three tractati discusses the jurisprudence of canon law. The other

sections discuss sin and the Ten Commandments from the viewpoints of law and theology. All editions are scarce. OCLC

locates 5 copies of the 1629 edition, 1 in North America (St. Bonaventure University). Not in the British Museum Catalogue.

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Printing and the Mind of Man 89:

The "Crown and Flower of Medieval Jurisprudence"

5. Bracton, Henry de, [d. 1268].

De Legibus et Consuetudinibus Angliae, Libri Quinq; In Varios Tractatus Distincti, ad Diversorum et Vetustissimorum Codicum

Collationem, Ingenti Cura, Nunc Primu Typis Vulgati; Quorum Quid Cuiq; Insit, Proxima Pagina Demonstrabit. London: Apud

Richardum Tottellum, 1569. [xvi], 444 [i.e. 442] ff. Folio (11-1/4" x 7-3/4").

Nineteenth-century diced calf, gilt rules to boards, gilt fillets, ornaments and title to spine, gilt rules to board edges, gilt

inside rules, marbled endpapers, ribbon marker. Light rubbing to boards, faint dampstain to front board, moderate

rubbing to extremities, front joint just starting at head, corners bumped and somewhat worn, armorial bookplate to front

pastedown. Attractive large woodcut decorated initials. Light toning to text, somewhat heavier in places, light foxing and

finger smudges to some leaves, some fading to text of Fols. 1 and 2. A handsome copy of a landmark work. $12,500.

* First edition. Written between 1250 and 1256, De Legibus et Consuetudinibus Angliae [The Laws and Customs of England] is the

first treatise on English law. A systematic work, it emphasizes the separation of procedural and substantive matters and

also cites cases as sources of at least intellectual, if not formal, authority. The principles formulated in this work and its use

of precedents determined the development of English law and established the method adopted by Littleton and Coke. In

Maitland's words, it is "the crown and flower of English medieval jurisprudence" and "by far the greatest of our medieval

law books.": Maitland, Collected Papers II:43. Beale, Bibliography of Early English Law Books T323. Printing and the Mind of Man

89. English Short-Title Catalogue S122159. Order This Item


The First American Edition of Burlamaqui, Boston 1792

6. Burlamaqui, J[ean] J[acques] [1694-1748].

Nugent, [Thomas] [1700?-1772], Translator.

The Principles of Natural and Politic Law, In Two Volumes. Boston: Printed by Joseph Bumstead for John Boyle, 1792. viii, [20],

424 pp. Two volumes in one with continuous pagination. Octavo (8-1/4" x 5-1/2").

Contemporary speckled sheep, rebacked in calf, gilt fillets and original lettering piece to spine, corners mended, endpapers

retained. Light edgewear and a few shallow scuffs to boards, light toning to text, somewhat heavier in places, light foxing

to a few leaves. A handsome copy. $1,500.

* First American edition (title page states "Fourth Edition, Revised and Enlarged" in reference to the preceding London

editions). Burlamaqui 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. Marvin stated a

general opinion when he observed that "his works are deservedly held in high esteem.": Legal Bibliography 162. Harvey, Jean

Jacques Burlamaqui: A Liberal Tradition in American Constitutionalism 178-179. Cohen, Bibliography of Early American Law 7809.

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Practice and Procedure in the Eighteenth-Century Chancery Courts

7. [Burroughs, Samuel (d. 1761)].

The History of the Chancery; Relating to the Judicial Power of that Court, And the Rights of the Matters. London: J. Walthoe, 1726. [iv],

118, [2] pp. 12mo. (6-1/2" x 3-3/4").

Contemporary calf, rebacked in period style, gilt frames to boards, lettering piece and gilt-edged raised bands to spine,

hinges mended. Light rubbing to boards, moderate rubbing to extremities with some wear to corners, early armorial

bookplate to front pastedown, later bookplate of the Earls of Macclesfield to front free endpaper, small embossed

Macclesfield stamps to title page and a few other leaves. Light toning to text, finger smudges and staining to outer margins

of some leaves, light soiling to title page. A handsome copy. $350.

* Only edition. According to Cooper, "Lord King was so much pleased with the work that he rewarded the author with a

mastership in Chancery." Our copy once belonged to the library of Shirbirn Castle, the library of the Earls of Macclesfield,

one of the finest private libraries in Great Britain. Cooper, Defects of Chancery cited in Marvin, Legal Bibliography 165. English

Short-Title Catalogue T36472. Order This Item


Rare Nineteenth-Century Italian Treatise on Natural Law

8. Caputi, Nicola.

Elementi del Diritto di Natura e Delle Genti: Compilati ed in Due Libri Divisi. Bari: Libreria e Stamperia Capasso, 1840. [iv], 179,

[5] pp. Octavo (7-1/4" x 4-1/2").

Contemporary quarter pebbled cloth over marbled boards, gilt title and fillets to spine. Binding lightly cocked, light wear

to spine ends and corners, which are lightly bumped. Moderate toning to interior, faint dampstaining to head of text block,

light foxing and heavier dampstaining to a few leaves, light soiling to title page, which has small early owner signature.

$750.

* Only edition. This interesting treatise on the elements of natural law by a cleric and seminary instructor was published

during the politically fertile period between the Congress of Vienna and the Revolutions of 1848. It is divided into two

books. The first deals with individual rights and responsibilities and addresses such topics as law, religion, contracts,

marriage, trade and gambling. The second part addresses political matters, principally international law, sovereignty, and

the laws of war. OCLC locates 1 copy (at UC Berkeley Law School). Not in the British Museum Catalogue. Order This Item


A Notable Abridgment of the Parliament Rolls

9. Cotton, Sir Robert [1570/1-1631].

Prynne, William [1600-1669], Editor.

An Exact Abridgment of the Records in the Tower of London, From the Reign of King Edward the Second, Unto King Richard the Third, Of

All the Parliaments Holden in Each Kings Reign, And the Several Acts in Every Parliament: Together With the Names and Titles of All the

Dukes, Marquesses, Earls, Viscounts, And Barons, Summoned to Every of the Said Parliaments. Collected by Sir Robert Cotton, Knight and

Baronet. Rev., Rectified in Sundry Mistakes, And Supplied with a Preface, Marginal Notes, Several Omissions, And Exact Tables, Both of

the Special Matters, Great Officers, Speakers, Nobles, And Other Persons Therein Contained. London: Printed for William Leake,

1679. [xxxii], 716 (i.e. 588), [142] pp. Folio (11-1/2" x 7").

Contemporary reversed calf, recent period-style spine, blind rules and corner fleurons to boards, raised bands and lettering

piece to spine, hinges reinforced. Moderate rubbing and a few minor stains and scuffs to boards, heavier rubbing to board

edges with wear to corners. Light toning to text, somewhat heavier in places, some leaves have light foxing, recent marks

in light pencil to a few leaves. $500.

* Reissue of the first edition, 1657, the final version of this work. "In the seventeenth century the importance of the

Parliament Rolls was so great that transcripts were made for private use, and published by private enterprise"

(Holdsworth). The most important of these editions was produced by Prynne using a manuscript originally credited to

Cotton. It is now believed to have been compiled by William and Robert Bowyer. It records the substance of Acts of

Parliament and other particulars, that are not extant in print, among the statutes or the Parliament Rolls, and supplies the

purpose of a useful index to the Rolls of Parliament. One of the most notable and colorful figures of the period, Prynne

was a contentious, erudite Puritan attorney, legal antiquarian and prolific author. In 1660, he became the Keeper of

Records in the Tower of London, a post he held until the end of his life. Holdsworth, A History of English Law II:423.

English Short-Title Catalogue R473630. Order This Item


A Great Authority on the Law of Scotland

10. Erskine, John, Of Carnock [1695-1768].

An Institute of the Law of Scotland. In Four Books. In the Order of Sir George Mackenzie's Institutions of that Law. Enlarged by

Additional Notes, Containing the Latter Decisions of the Supreme Court on Many Interesting Points; And Improved Likewise by a More

Ample Index, And the Addition of a Running Margin. Edinburgh: Printed for John Bell, 1785. Two volumes with continuous

pagination bound in one book. x, 438; [439]-813, [57] pp. Folio (12-1/2" x 8").

Contemporary calf, raised bands and lettering piece to spine, blind tooling to board edges, repair to head of spine, joints

reinforced. Light rubbing to boards, moderate rubbing to extremities, light chipping to foot of spine, corners bumped and

somewhat worn, hinges cracked, early armorial bookplate (of Sir John Jay Scott Douglas) to front pastedown. Light toning

to text, slightly heavier in places, some offsetting to margins of preliminaries and final leaf. $750.

* Second edition. Esteemed for its erudition, clarity and accuracy, Erskine's Institute was one of the definitive authorities on

Scots law. Rich in sociological detail, it includes laws on such topics as witchcraft, sodomy and bestiality, adultery, dueling

and gypsies A durable work, it was first published in 1773 and went through four more authorial editions and four later

editions by other authors, the last (eighth) in 1871. Sweet & Maxwell, English Short-Title Catalogue T188612.

Order This Item


First Selden Edition of Fortescue's De Laudibus

11. Fortescue, Sir John [1394?-1476?]

[Selden, John (1584-1654), Editor].

[Mulcaster, Robert, Translator and Editor].

De Laudibus Legum Angliae Writen by Sir Iohn Fortescue L. Ch. Iustice, and After L. Chancellor to K. Henry VI. Hereto are Ioind the

Two Summes of Sir Ralph de Hengham L. Ch. Iustice to K. Edward I. Commonly Calld Hengham Magna, And Hengham Parva. Never

Before Publisht. Notes Both on Fortescue and Hengham are Added. London: Printed [by Adam Islip] for the Companie of

Stationers, 1616. [viii], 132, [3] ff.; 56, [12], 35, 34-159, [1] pp. Lacking first leaf, blank except for a small paragraph symbol

on the recto, and the last leaf, a blank. Two parts, each with title page and individual pagination. First part in parallel

columns; Latin with running English translation. Texts of Summes in Latin with notes in English. Octavo (5-1/2" x 3-

1/2").

Contemporary calf with later rebacking, blind rules to boards, blind fillets along joints, gilt-decorated raised bands, gilt

ornaments and gilt title to spine, endpapers renewed. Light rubbing, corners bumped and somewhat worn, armorial

bookplate to front pastedown, front hinge partially cracked. Light toning to text, somewhat heavier in places, faint stains

and light edgewear to a few leaves. Early owner signature in tiny hand to head of title page, brief early annotations to a few

leaves. $950.

* First Selden edition. De Laudibus Legum Angliae, a history of English law, was written for the instruction of Edward, the

young Prince of Wales. Cast in dialogue form, it demonstrates that the common law was the oldest and most reasonable

legal system in Europe. It also compares the common and Roman systems and extols the superiority of a constitutionally

limited monarchy. De Laudibus was written around 1470 and first printed in 1567. Selden's was the first critical edition of

this work, perhaps the first critical edition of an early English legal work. Aside from their value to the elucidation of

Fortescue's text, Selden's notes interrogate aspects of Fortescue's text and offer rich insights into jurisprudence and the

nature of the English constitution. As noted by Christianson, his conclusions disputed "the concept of immemorial

custom argued by [Sir John] Davies and the anachronistic historical interpretations displayed by [Sir Edward] Coke." It

was reissued in 1660, 1672 and 1737 with various additions. "Fortescue was a favorite among the old lawyers, and will be

read with profit in modern times by those who are interested in the origin and progress of the Common Law.": Marvin,

Legal Bibliography 321. Christianson, Discourse on History, Law, and Governance in the Public Career of John Selden 63. English Short-

Title Catalogue S102544. Order This Item


The Book that Established the Field of Equity Jurisprudence

12. Francis, Richard [fl. 1719-1728].

Maxims of Equity, Collected From, And Proved by Cases, Out of the Books of the Best Authority, In the High Court of Chancery. To Which

is Added the Case of the Earl of Coventry, Concerning the Defective Execution of Powers Lately Adjudged in the High Court of Chancery.

[London]: Printed by E. and R. Nutt, and R. Gosling, 1728. [x], 72, [12], [2], 20 pp. Folio (12" x 8").

Recent period-style paneled calf, raised bands, blind ornaments and lettering piece to spine. Moderate toning and

occasional light foxing to text, internally clean. A handsome copy. $950.

* Second edition, a reissue of the first edition (1727) with an altered titlepage and a preliminary advertisement leaf. This

was the first textbook on equity published since St. Germain's Doctor and Student (1523). It is generally considered to be the

book that founded the field of equity jurisprudence. Francis outlines fourteen maxims, such as "Equality is Equity" and

"Equity suffers not a right to be without a remedy." Each maxim is followed by a brief summary of cases that illustrate its

application. As Roscoe Pound observed, Francis created a precursor to the casebook: "his maxims for the most part are

independent attempts to state principles derived from the study of cases.": Pound, "On Certain Maxims of Equity" in

Cambridge Legal Essays 261-262. English Short-Title Catalogue T118767. Order This Item


Recommended by Blackstone

13. Gilbert, Sir Geoffrey [1674-1726].

The History and Practice of the Court of Common Pleas. Being an Historical Account of the Original Institution and Rise of the Antient

Practice of the Court of Common Pleas; Shewing by What Various Regulations and Amendments the Modern Practice of that Court Hath

been Introduced; Teaching in an Easy and Familiar Manner the Rules and Order of Conducting the Plea Through Every Particular Branch of

the Practice. Interspersed with Curious Observations on the Difference of the Practice of that Court and the Court of King's Bench. By a Late

learned judge. [London]: Printed by E. and R. Nutt, 1737. [viii], xviii, 223, [49] pp. Title page preceded by publisher

advertisement. Octavo (7-3/4" x 5-3/4").

Contemporary sheep with later rebacking, blind rules to boards, blind fillets along joints, raised bands and lettering piece

to spine, endpapers renewed. Front board detached, along with front free end paper and following endleaf, a few scuffs to

boards, corners worn, some chipping to head of spine. Negligible light soiling to advertisement and title page, interior

otherwise fresh. $250.

* First edition. "[In the Commentaries] Sir William Blackstone highly recommends this work to the perusal of the student,

which, he says, has traced out the reason of many parts of our modern practice from the feudal institutions, and primitive

construction of our courts, in a most clear and ingenious manner." It went through three later editions, the last reissued in

Dublin in 1792. Blackstone cited in Sweet & Maxwell, A Legal Bibliography of the British Commonwealth 1:270 (73). English

Short-Title Catalogue N7556. Order This Item


Impressive Early Post-Tridentine Edition of Gratian

14. Gratian, the Canonist [c.1090-c.1160].

[Johannes Teutonicus (d.1253), Glossator].

[Bartolomeo da Brescia (d.1258), Glossator].

[Bolognini, Lodovico (1446-1508), Editor].

Decretum Gratiani Emendatum et Notationibus Illustratum una cum Glossis. Cum Privilegio Gregorii XIII. Pont. Max. & Aliorum

Principum. Permittente Sede Apostolica; Atque cum Populi Romani Licentia. Venice: [Apud Magnam Societatem una cum G.

Ferrario H. Franzino], 1584. 79 pp., 2704 [i.e. 2694] cols., [115] pp. Single-column main text surrounded by glosses. Folio

(10-1/4" x 7-1/2").

Contemporary vellum, later gilt title to spine, edges of text block colored green, ribbon marker. Light soiling and some

spotting to binding, corners and spine ends bumped. Text printed throughout in red and black, large woodcut vignette of

Pope Gregory XIII to title page. Moderate toning to text, occasional light browning and faint dampspotting, faint

dampstaining to head of text block in a few places, early repairs to fore-edges of ff. b1-b7. An impressive volume. $1,500.

* The Concordia Discordantia Canonum, or as it is better known, the Decretum Gratiani, is the cornerstone of modern canon

law. The first work of its kind, it was compiled by Gratian, a Camaldolese monk, around 1140. Using the latest scholastic

and juristic techniques from Corpus Juris Civilis in the study of the civil law, it became the basic text for the study of canon

for many centuries. The Decretum Gratiani addresses various aspects of church jurisdiction, offenses and legal proceedings,

as well as administrative issues like baptism, feast days, confirmation and the consecration of churches. In the following

century an extensive gloss was added by Teutonicus. Known as the Glossa Ordinaria, it was later revised and enriched by

another Bartolomeo of Brescia. The gloss and its revisions become a standard feature of subsequent manuscripts and

printings. Though never an official edition of canon law, it was a standard work for nearly 800 years until it was

superseded in 1918, along with the other books of the Corpus Juris Canonici, by the Codex Iuris Canonici. Our 1584 Venice

edition incorporates the changes ordered in 1580-1582 by the council of revisers established by the Council of Trent (the

Correctores Romani). It also includes Bolognini's edition of the Margarita Decreti, an index to the Decretals of Gregory IX.

This copy is from the library of the eminent historian Brian Tierney [1922-2019], an expert on the relationship between

church and state in medieval Europe. Ferreira-Ibarra, The Canon Law Collection of the Library of Congress 56. Order This Item


Grotius on Roman-Dutch Law

15. Grotius, Hugo [1583-1645].

Groenewegen van der Made, Simon van [1613-1652], Notes.

Maasdorp, A.F.S. [1847-1931], Translator.

The Introduction to Dutch Jurisprudence of Hugo Grotius: With Notes by Simon van Groenewegen van der Made, And References to van der

Keesel's Theses and Schorer's Notes. Cape Town: J.C. Juta, 1878. xix, 557 pp. Octavo (7-1/4" x 4-1/2").

Nineteenth-century three-quarter morocco over pebbled cloth, marbled endpapers. Some rubbing to extremities, hinges

just starting at ends, internally fresh. Ex-Birmingham Law Society Library. Its insignia to spine and boards, bookplate and

location label to front pastedown, small inkstamps to preliminaries and a few text leaves. $450.

* Originally published in 1631, this is an important systematic treatise on the law of the province of Holland in the

seventeenth century, the mixture of local and Roman procedure known as Roman-Dutch law. OCLC locates 3 copies in

North American law libraries (George Washington University, Social Law, Yale). Roberts, A South African Legal Bibliography

142. Order This Item


Important Early Research into English Legal History

16. Herne, Thomas [1678-1735], Editor.

A Collection of Curious Discourses Written by Eminent Antiquaries Upon Several Heads in Our English Antiquities. Together with Mr.

Thomas Hearne's Preface and Appendix to the Former Edition. To Which are Added a Great Number of Antiquary Discourses Written by

the Same Authors. Most of Them Now First Published from the Original Manuscripts. With an Account of the Lives and Writings of the

Original Society of Antiquarians. London: Printed for T. Evans, 1773. Two volumes. lxxi, viii, [vi], 354; [viii], 449, [15] pp.

Preface in Volume I misbound before main text. Volume I has folding copperplate frontispiece of Edward the

Confessor's Chapel, a plate listing abbreviations in the Domesday Book and a few woodcut text illustrations. Octavo (8-

1/4" x 5").

Later tree calf, gilt fillets to boards, gilt spine with lettering pieces, joints discreetly reinforced, speckled edges, marbled

endpapers. Some rubbing to extremities with some wear to spine ends, joints and corners, bookplate of John Sparrow to

front pastedown of each volume. Moderate toning to text, light foxing in a few places in each volume. A handsome set

with an interesting association. $450.

* Third edition. First published in 1720, these two volumes collect research papers, discourses and other writings by

members of the first Society of Antiquaries, which was formed in the late sixteenth century. (Blackstone was a member.)

Several concern the Inns of Court and Chancery and other legal subjects. In all, it is a fine digest of the first generation of

English legal antiquarian scholarship. Sparrow [1905-1992], a barrister, essayist and Warden of All Souls College, Oxford,

was one of the greatest English bibliophiles of the twentieth century. English Short-Title Catalogue N27361.

Order This Item


Final Edition of Harris's Edition of the Institutes.

17. Justinian I, Emperor of the East [483-565 CE].

Harris, George [1722-1796], Editor and Translator.

D. Justiniani Institutionum Libri Quatuor. The Four Books of Justinian's Institutions, Translated Into English, With Notes. Oxford:

Printed by Collingwood, Newman, And Baxter, 1811. 11, 370, [2] pp. Copperplate table of descents. Quarto (10-1/2" x 8-

1/4").

Recent period-style quarter calf over cloth, gilt fillets and lettering piece to spine, endpapers renewed. Some toning to text,

light foxing in places. An attractive copy. $1,250.

* Third and final edition. This well-respected edition is notable for its elegant parallel translation. Harris, an advocate of

Doctor's Commons, provides an interesting historical introduction and notes that compare the rules of Roman and

English law. The final section is a translation of "Concerning the Succession of Descendents," Book 118 of the Novels.

This work was owned by many sophisticated lawyers in Great Britain and America, such as Thomas Jefferson, who owned

a copy of the second edition. Sowerby, Catalogue of the Library of Thomas Jefferson 2191 (second edition). English Short-Title

Catalogue T102256. Order This Item


First Edition of One of Kant's Most Significant Later Works

18. Kant, Immanuel [1724-1804].

Metaphysische Anfangsgründe der Rechtslehre. Konigsberg: Bey Friedrich Nicolovius, 1797. [ii], xii, LII, [53]-235, [1] pp. Octavo

(7-1/2" x 4-1/2").

Later marbled boards, edges rouged. Light rubbing to boards, about half of backstrip lacking, including lettering piece, a

few partial cracks to text block. Moderate toning, negligible foxing to a few leaves, internally clean. Ex-library. Bookplate

to front pastedown, small inkstamp to head of title page, hand-lettered shelf numbers to verso. $200.

* First edition. One of the most significant late works by the great Prussian philosopher. It was also issued the same year

as the first part of Die Metaphysik der Sitten (The Metaphysics of Morals). Sensitive to the revolutionary spirit spreading

throughout Europe in the wake of Napoleon's armies, it presents a republican interpretation of political communities, civil

society and the establishment of positive law. Claiming that man is born with reason and an innate desire for freedom, he

argued that the union of these natural gifts could bring about a new sense of order and harmony in future generations. It

was been translated as the Science of Right (Hastie) and the Metaphysical Elements of Justice (Ladd). British Museum Catalogue

(Compact Edition) 13:971.Order This Item


A Valuable Reference on Mexican Law

19. Pallares, Jacinto [1845-1904].

Curso Completo de Derecho Mexicano o Exposicion Filosofica, Historica y Doctrinal de Toda la Legislacion Mexicana. Mexico [City]:

Imprenta, Litografia y Encuadernacion de I. Paz, 1901. Two volumes. Octavo (9" x 6-1/2").

Recent cloth, printed paper spine labels. Light toning to text, internally clean. Ex-library. Small inkstamps to title pages.

$850.

* First edition. Clagett and Valderrama say this is the best book on the subject. "[The] author has given a comprehensive,

thorough, and extremely scholarly treatment to the entire field of Mexican law. Approaching his coverage first with a

historical survey, Pallares discusses the heritage of Mexican legal thought from the mother country, the evolution of

national institutions and law from the commencement of independent life, and then follows up in great detail on the

codified and statutory fields in separate chapters. Doctrinal discussion of subjects of legal philosophy and jurisprudence

has enhanced the academic nature of this work as a reference source." A second edition was published in 1904. OCLC

locates 9 copies of the first edition and 6 of the second in North American law Libraries. Clagett and Valderrama, A

Revised Legal Guide to the Law & Legal Literature of Mexico 372. Order This Item


"Scientific" Study of English Public Law

20. Nasmith, David [1829-1894].

Institutes of English Public Law: Embracing an Outline of General Jurisprudence; The Development of the British Constitution; Public

International Law; and the Public Municipal Law of England. London: Butterworths, 1873. vi, [xviii], 455, x, [2], 63 pp. With

tables and three publisher catalogues. Octavo (8" x 5").

Recent period-style black textured cloth, endpapers renewed, rouged edges, internally clean. $150.

* A companion to Nasmith's treatises on English private and adjective law that emulates the systematic organization of

Justinian's Institutes. Nasmith provides an overview of the relation in which the State and the English citizen are placed in

constitutional and municipal law. It is also a fine example of the jurisprudence produced in Victorian England that

approached the law as a science governed by discernible rules. Sweet & Maxwell, A Legal Bibliography of the British

Commonwealth 2:253. Order This Item


Important Early Study of Ancient Athenian Law

21. Petit (Petitus), Samuel [1594-1643].

Leges Atticae. Sam. Petitus Collegit, Digessit, et Libro Commentario Illustravit. Opus Iuris, Literarum, Et Rei Antiquariae Studiosis

Utilissimum, VIII. Libris Distinctum, In Quo Varii Scriptorum Veterum Graecorum et Latinorum Loci Explicantur et Emendantur.

Paris: Sumptibus Caroli Morelli, 1635. [xii], 557, [1] pp. Folio (13-1/2" x 8-3/4").

Contemporary calf, gilt rules to boards, raised bands, gilt title and gilt ornaments to spine. A few scuffs to boards, some

wear to spine ends and corners. Title page with large copperplate vignette printed in red and black, woodcut head-pieces,

tail-pieces and decorated initials. Armorial bookplate of Nicolas-Joseph Foucault to front free endpaper, armorial

bookplate of the Earls of Macclesfield to front free endpaper. Toning, minor worming in a few places with no loss to text,

internally clean. Ex-Macclesfield library. Small shelf labels to spine ends, small embossed stamps to title page and a few

leaves. A very handsome copy. $1,500.

* First edition. This is an important early study of ancient Athenian law. A distinguished French Orientalist, Protestant

minister and principal of the College of Arts in Nimes, Petit was a correspondent with the leading European men of

letters and a friend of Selden, Gessendi and Vossius. This book was reissued by K.A. Duker in 1740. British Museum

Catalogue (Compact Edition) 20:81. Order This Item


"For the Clearing of All Such Titles, And Questions"

22. Powell, Thomas [1572?-1635?].

Direction for Search of Records Remaining in the Chancerie. Tower. Exchequer, With the Limnes thereof: Viz. The Kings Remembrancer.

Lord Treasurers Remembrancer. Clarke of the Extreats. Pipe. Auditors. The First Fruits. Augmentation of the Revenue. Kings Bench.

Common Pleas. Records of Courts Christian. For the Clearing of All Such Titles, And Questions, As the Same May Concerne. With the

Accustomed Fees of Search: And Diverse Necessarie Observations. London: Printed by B.A. for Paul Man, 1622. [xvi], 78, [2] pp.

Quarto (7-1/4" x 5-1/4").

Recent imitation calf, gilt title to spine. Woodcut head-pieces, tail-pieces and decorated initials. Light toning to text,

somewhat heavier in places, light soiling and blotted-out signature to title page, early annotation to verso. Ex-library.

Bookplate to front pastedown. $750.

* Only edition. Powell was a notable poet, a man of letters and an industrious legal antiquarian. In this work, the Attourney's

Academy and the Attornies' Almanack Powell offered guidance to lawyers concerning the location and use of records, mostly

to settle title claims. All are mentioned favorably by Holdsworth, who notes that the study of early records was an

important aspect of legal education. In a sense, these books helped students to locate material for study. They are also

important sources for students of Shakespeare. (All are listed in Lee's Catalogue of Shakespeareana). OCLC locates 4

copies in North American law libraries (Harvard, Library of Congress, University of Michigan, University of

Pennsylvania). Holdsworth, History of English Law V:381. English Short-Title Catalogue S115034. Order This Item


Prynne Reviews the History of Parliamentary Writs and Practice

23. Prynne, William [1600-1669].

Brevia Parliamentaria Rediviva. In XIII Sections Conteining Several Catalogues of the Numbers, Dates of All Bundles of Original Writs of

Summons and Elections Newly Found, Or Formerly Extant in the Tower of London During the Reigns of King Edw. 1, 2, 3. R. 2. H. 4, 5,

6. And E. 4 Being 117 Bundles: Of All the Knights Names of Each County Retorned on These Writs; And all Cities, Boroughs, Ports

Therin Summoned to Elect, Send, Or Actually Returning Citizens, Burgesses, Barons, And How Oft They Did it During These Kings

Reigns: With 3. Catalogues of All the Citizens, Burgesses Retorned on These Writs for Bathe, Bristol, London: The Ancient Forms of

Elections, Retorns Cedules, Indentures Relating to Each County, City, Borough, Port; Besides Sundry Rare Writs, Records, Memorials, And

Observations from them Touching Elections, Retorns: The True Original Creation, Continuance, Discontinuance, Exemption of Antient

Boroughs: The Late Erections of New, and Revival of Some Old Petty Boroughs; Most of Which Writs, Bundles, Records, Rarities (Long

Buryed in Dust and Darknesse in Caesars Chappel) Hitherto Unknown, Were Lately Discovered, And Here Published for the Benefit of

Posterity. London: Printed for the Author, 1662. [xxiv], 232 pp., 233-248 ff., [4], 249-384, 369-376, 393-398, [2] pp.

Pagination irregular, text complete. Quarto (7-1/2" x 5-1/2").

Contemporary sheep, recently rebacked in calf, blind rules to boards, raised bands and retained contemporary lettering

piece to spine. Light rubbing and a some minor nicks and scuffs to boards, moderate rubbing to board edges, corners

bumped and somewhat worn, hinges cracked, recent owner bookplate to front pastedown. Title page printed within

typographical border. Moderate toning to text, occasional minor worming to foot of text block, light soiling to title page.

$750.

* Only edition. Complete in itself, this is the third part of a four-volume collection issued from 1659 to 1664 known

collectively as the Brief Register. The 1662 volume contains Parliamentary material from the reigns of King Edward I trough

King Edward IV. Other volumes contain writs from different periods. Prynne was a contentious and erudite Puritan

attorney and legal antiquarian who wrote several books and pamphlets about legal history, religion and politics. He had an

unrivalled ability to antagonize others. His personality and choice of targets eventually led to his disbarment,

imprisonment, and mutilation (loss of ears) by the Star Chamber. After the Restoration Prynne was appointed Royal

Archivist in the Tower of London. He compiled the latter volumes of the Brief Register during this period. English Short-Title

Catalogue R14426. Order This Item


Selden's Historical Discourse

24. Selden, John [1584-1654]

Bacon, Nathaniel [1593-1660], Editor, Attributed Author.

An Historical and Political Discourse of the Laws and Government of England, From the First Times to the End of the Reign of Queen

Elizabeth. With a Vindication of the Ancient Way of Parliaments in England. Collected from Some Manuscript Notes of John Selden by

Nathaniel Bacon of Grays Inn, Esquire. London: Printed for D. Browne and A. Millar, 1689. [xx], 203, [5]; 168, 167-188, [6]

pp. Pagination irregular, text complete. Two parts, each with title page (dated 1682). First part preceded by general title

page (dated 1689). Folio (13" x 8").

Contemporary mottled calf, blind panels to boards, raised bands to spine. A few minor nicks and scratches to boards,

moderate rubbing to extremities, small chip to head of spine, corners bumped and lightly worn, front hinge cracked, early

armorial bookplate to front pastedown, front free pastedown and following leaf partially detached. Moderate toning to

text, somewhat heavier in places, minor spark burns to a few leaves. An appealing copy. $500.

* Fourth edition. Often attributed to Bacon, the Historical Discourse "is a sort of constitutional history of England, showing

much knowledge of the development of the institutions, civil and ecclesiastical, and pervaded by a strong spirit of hostility

to the claims of the royal prerogative and to hierarchical pretensions." (DNB). "The first edition having become so rare a

second edition was secretly printed in 1672 which was suppressed. It was again secretly reprinted in 1682 and the

publishers were prosecuted. The 1682 edition appears to have been reissued in 1689 with the 1682 imprint" (Sweet &

Maxwell). Dictionary of National Biography I:836-837. Sweet & Maxwell, A Legal Bibliography of the British Commonwealth 1:99(9).

English Short-Title Catalogue R16514. Order This Item


[See also cover]

With a Eulogy for Selden by Ben Jonson

25. Selden, John [1584-1654].

Titles of Honor: By the Late Famous and Learned Antiquary John Selden. Carefully Corrected With Additions and Amendments by the

Author. London: E. Tyler and R. Holt, 1672. [xxxiv], 756 pp. Copperplate portrait frontispiece, six large copperplate

illustrations depicting men in court dress and several woodcut illustrations of coins, medals, insignia and maps in text.

Folio (12" x 9").

Eighteenth-century speckled calf, gilt spine with raised bands and gilt title, careful repair to joints near head of spine,

corners bumped and somewhat worn, pastedowns, loose, front hinge starting. Light rubbing and some minor nicks and

scuffs to boards, moderate rubbing to extremities, Light toning to text, somewhat heavier in places, light edgewear to a

few leaves, very light soiling to title page. $500.

* Third and best edition. With a eulogy by Ben Jonson. Selden's great historical work on nobility begins with a general

discussion of titles and nobility. The following chapters consider the nobility of ancient Greece and Rome, Europe, the

British Isles, the Roman Catholic and Greek Orthodox Churches, the Middle East and Asia. The final chapters survey

various aspects of ceremony and precedence. First published in 1614, this work went through three editions. The third is

the best because it contains substantial additions. English Short-Title Catalogue R218681. Order This Item


Compilation of Sir Henry Spelman's Writings

26. Spelman, Sir Henry [?1564-1641].

[Gibson, Edmund, Editor].

Reliquiae Spelmannianae: The Posthumous Works of Sir Henry Spelman Relating to the Laws and Antiquities of England Published from

the Original Manuscripts. With the Life of the Author. Oxford: Printed at the Theater for Awnsham and John Churchill, 1698.

[xxxii], 214, [12] pp. Copperplate vignette of Oxford's Sheldonian Theatre to title page. Two folding tables. Copperplate

portrait frontispiece lacking. Folio (12-1/2" x 8").

Contemporary paneled calf, rebacked in period style, raised bands and lettering piece to spine, lower corners repaired,

front endleaves renewed, rear hinge mended. Some rubbing and minor nicks and scuffs to boards, faint stain to front

board, moderate rubbing to extremities, corners bumped, upper corners lightly worn, title page re-hinged, crack in text

block between title page and following leaf. Moderate toning to text, occasional faint dampstaining and dampspotting,

light edgewear to a few leaves, a few clean tears to fold lines of tables, minor worming to rear pastedown. $250.

* Only edition. Contents mostly in English, a few essays in Latin. Spelman was an eminent antiquarian, legal historian and

member of Parliament. This volume consists largely of an essay on feuds and a reprint of his 1641 treatise The Original

Growth, Propagation and Condition of Tenures by Knight Service (1641). Another important item is the "Apologie for Arch-Bishop

Abbot," which addresses Abbot's manslaughter conviction by chance medley in a test case for a clergyman's rights under

such circumstances. Other essays discuss wills, land tenures, the rank of knights, early English law, military law and

historical subjects. English Short-Title Catalogue R22617. Order This Item


Influenced Blackstone and Others

27. [St. Germain, Christopher].

Two Dialogues in English Between a Doctor of Divinity, and a Student in the Laws of England, of the Grounds of the Said Laws, and of

Conscience. Newly Revised and Reprinted. London: Printed by the Assigns of Richard and Edward Atkins, 1709. [ii], 366, [8] pp.

Octavo (6-1/4" x 3-3/4).

Contemporary sheep, blind rules to boards, raised bands and tiny paper shelf label to spine. Light rubbing to boards,

several small gouges to rear board, moderate rubbing to extremities, joints and hinges partially cracked but secured by

cords, corners bumped and somewhat worn, early armorial bookplate of the Earls of Macclesfield to front pastedown,

small embossed Macclesfield stamps to title page and following leaf. Moderate toning to text, somewhat heavier in places,

a few sections have light foxing. $250.

* Written originally in Latin in 1523, this work contains two dialogues between a doctor of divinity and a student of

English law. It popularized canonist learning on the nature and object of law, the religious and moral standards of law, the

foundations of the common law and other issues regarding the jurisdiction of Parliament. A very important work in the

development of equity, Doctor and Student appeared in numerous editions. An authority well into the eighteenth century, it

influenced several writers, including Blackstone. Our copy once belonged to the library of Shirbirn Castle, the library of

the Earls of Macclesfield, one of the finest private libraries in Great Britain. English Short-Title Catalogue T78054.

Order This Item


The First History of International Law

28. Ward, Robert [1765-1846].

An Enquiry Into the Foundation and History of the Law of Nations in Europe, From the Time of the Greeks and Romans to the Age of

Grotius. Dublin: Printed by P. Wogan, P. Byrne, W. Jones and J. Rice, 1795. Two volumes. cviii, 395, [1]; [iv], 628 pp.

Octavo (8" x 5").

Contemporary three-quarter calf over marbled boards, gilt title and fillets to spines, small paper shelf label to that of

Volume I. Moderate rubbing and some scuffing to boards, moderate rubbing to spines and extremities. Light toning to

interiors, somewhat heavier in places, light foxing to a few leaves. A handsome set. $950.

* First edition. The first attempt to write a history of the law of nations, it also marked a new approach to the subject.

Since the seventeenth century the law of nations was dominated by the theory of natural law, which posited the existence

of legal principles shared by all ages, places and peoples. This theory shaped the work of such major jurists as Grotius,

Pufendorf and Selden. It was enshrined during the eighteenth century by advocates of the Enlightenment. Ward rejected

this theory. A Romantic, he had no use for universal systems. Instead, he appreciated the uniqueness of cultures and the

differences between the past and the present. One of the first to apply Romantic ideas to the subject, he treated the law of

nations as a malleable concept that changed considerably since antiquity. Lasaffer, "International Law and Its History: The

Story of an Unrequited Love" in Time, History and International Law, Ed. Craven, Fitzmaurice and Vogiatzi 27. English Short-

Title Catalogue T117016. Order This Item


"The Complement of Sir W. Blackstone's Commentaries"

29. Wooddeson, Richard [1745-1822].

Elements of Jurisprudence, Treated of in the Preliminary Part of a Course of Lectures on the Laws of England. London: Printed for T.

Payne and Son, 1783. [iv], 118 pp. Quarto (10-1/2" x 8-1/2").

Contemporary calf, rebacked in period style, blind fillets to boards, blind fillets and retained contemporary lettering piece

to spine. Some rubbing to extremities, corners bumped and somewhat worn, front board just beginning to separate but

secure, rear joint starting. Two early armorial bookplates (of Henry C. Compton Esq. Manor House, Lyndhurst, and

Scrope Berdmore, S.T.P. Coll. Mert. Custos, 1790) to front pastedown. Offsetting to endleaves, interior otherwise fresh. A

nice copy. $1,500.

* First edition. Wooddeson was elected a Vinerian Scholar in 1766, became a Vinerian Fellow in 1776 and was Vinerian

Professor from 1777 to 1793. He was steeped in Blackstone's work, and he strove to supplement it. "Dr. Wooddeson's

Lectures form, in a measure, the complement of Sir W. Blackstone's Commentaries, for he supplies some deficiencies in the

production of his predecessor, and treats more in detail, some topics, but slightly noticed by him. Though of

acknowledged merit, as to learning, method of arrangement, and accuracy of rules, they do not seem to have attained so

great a reputation as their real worth entitles them to. In point of style, and beauty of narration, they follow the

Commentaries, haud non passibus auquis" (Marvin). Holdsworth describes each chapter in detail and calls this work a very

useful book on legal theory. This book had a second edition published in Dublin in 1792. Marvin, Legal Bibliography 745.

Holdsworth, A History of English Law XII:428f. English Short-Title Catalogue T32600. Order This Item


The First English Writer on Jurisprudence

30. Zouch Richard [1590-1661].

Elementa Jurisprudentiae, Definitionibus, Regulis & Sententiis Selectioribus Juris Civilis, Illustrata; Accesserunt Descriptiones Juris & Judicii,

Sacri, Militaris, Et Maritimi. Amsterdam: Sumptibus Joh. Nevilsoni, [1652]. [x], 439 pp. Four parts with continuous

pagination and divisional title pages. 12mo. (5" x 2-3/4").

Recent period-style quarter calf over marbled boards, lettering piece and gilt ornaments to spine. Light toning to text. A

handsome copy. $750.

* Third edition, an issue of the Elzevier edition of 1652 with a cancel title page. One of England's greatest civilians, Zouch

was an advocate of Doctors' Commons, Judge of the High Court of Admiralty and Regius Professor of Civil Law at

Oxford. He published treatises on a broad range of legal topics and is best known for his contributions to international

law. He is equally important as the first English writer to publish works on jurisprudence. Elementa Jurisprudentiae is an

ambitious general study that lays out a general theory of general principles applicable to all branches and systems of legal

science. The second, third and fourth parts, Descriptio Juris et Judicii Sacri; Ad Quam Leges, Quae Religionem, Et Piam Causam

Respiciunt, Referuntur, Descriptio Juris & Judicii Militaris; Ad Quam Leges, Quae rem Militarem et Ordinem Personarum and Descriptio

Juris et Judicii Maritimi; Ad Quam quae Navigationem et Negotiationem Maritimam Respiciunt, Referuntur are distinct essays on topics

in English ecclesiastical law, the laws of war and military discipline and laws concerning ships and sea-borne cargo. The

latter two essays also deal with international law. The first two editions were published in Oxford in 1629 and 1636. The

following two editions, with different additional contents, were issued in Holland in 1652 and 1665. According to Willems,

some copies of this title were printed by other printers, some with cancel title pages, others with counterfeit Elzevier title

pages. See Willems, Les Elzevier: Histoire et Annales Typographiques 717. Order This Item


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