[Rarebooks] A Selection of Lawbook Exchange Titles

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1.            The Status of Clerics in Canon and Civil Law
Antonelli, Joannis C. [Giovanni Carlo] [d.1694]. Tractatus de Juribus,
et Oneribus Clericorum, In Duos Libros Distributus; In Quibus
Difficiliores, rt in Foro Frequentiores Utruisque Juris Controversiae,
Singulariter Dilucidantur. Opus Judicibus, Advocatis, Caeterisque in
Utroque Foro Versantibus, Maxime Utile, ac Necessarium. Adjectic
Nonnullius Sacrae Rotae Romanae Decisionibus, Necnon Pontificiis
Constitutionibus, Sacraeque Congregationis Concilii Decretis Novitur
Emanatis; Atque Indicibus Capitum, & Rerum Notabilium. Venice: Apud
Antonium Bortoli, 1716. [xii], 506 pp.
[Bound with]
Tractatus de Regimine Ecclesiae Episcopalis in Octo Libros
Distributus, Ubi Omnia, Quae ad Forum ecclesiasticum Praecipue
Spectant, Exacte, ac Dilucide Pertractantur. Opus Sane Utilissimum,
Atque Omnibus Episcopis, Archiepiscopis, Eorumque Vicariis,
Inquisitoribus, Regularium Superioribus, ac Caeteris Personis
Ecclesiasticis, Judicibus Quoque Saecularibus, Aliisque in Utroque
Foro Versantibus Maxime Necessarium, Cum Summariis, et Indice Rerum
Notabilium Locupletissimus. Venice: Ex Typographia Balleoniana, 1723.
[vi], 448, [47] pp.
Quarto (6-1/2" x 8-3/4"). Contemporary vellum, gilt-edged lettering
piece, edges rouged, later fabric ties. Negligible wear, a few minor
stains, light soiling to spine. Minor worming to hinges, vellum
beginning to separate from pastedowns. Title pages with woodcut
printer devices printed in red and balck, each preceded by half-title.
Woodcut head-pieces, tail-pieces and decorated initials. Negligible
light foxing to a few leaves, interior otherwise fresh. A very good
copy. $750.
* Later editions. With indexes. The first work contains a digest of
decisions from the Rota Romana. De Juribus is concerned with the
status of clerics under civil law. An interesting feature is its
emphasis on conflicts between the canon and civil systems in such
areas as criminal law. De Regimine discusses clerical rights and
privileges outside of the church in such areas as land ownership, the
disposal of property and the acquisition of wealth from secular
pursuits. It also discusses situations where clerics are immune from
civil law. Antonelli was Cardinal Antonio Barberini's chief curate and
protonotarius (scribe). He went on to become the Cardinal of Ferranto.
British Museum Catalogue (Compact Edition) 1:771. De Regime not in the
British Museum Catalogue or The Canon Law Collection of the Library of
Congress.
(Inventory # 40993)

2.              Nobody Expects the Spanish Inquisition...
Carena, Cesare [fl. 1645]. Tractatus de Officio Sanctissimae
Inquisitionis, et Modo Procedendi in Causis Fidei, In Tres Partes
Divisus: I. Agitur de Romani Pontificis Potestate, Universali Romana
Inquisitione, & Supremo Tribunali S. Officii in Regnis Hispaniarum,
Episcopis, Inquisitoribus, ac Caeteris Iudicibus, & Ministris S.
Inquisitionis, Deque Eorum Electionibus, Dignitatibus, Praecedentiis,
& Muneribus. II. Tractatur de Haeresi, & Omnibus Aliis Delictis in
Specie ad S. Inquisitionis Tribunal Spectantibus, Antea Quidem Seorsim
Impressa, Nunc Vero Multis Additionibus Auctior Reddita. III. Vero
Tota Theorica, & Practica Criminalis Brevissime Absolvitur, Maxime in
Ordine ad Hoc Sacrosanctum Tribunal. Hic Accesserunt Quindecim Quaest.
ad Inquisitores D. Guidonis Fulcodii, Olim Cardinalis, Episcopi
Sabinensis, & Postea Summi Romani Pontificis Clem. IV. Nuncupati, Nunc
Primum Impressa, & Eiusdem Auctoris Annotationibus Illustratae: &
Novissime Quaestio de Sollicitantibus ad Turpia in Sacramentali
Confessione, Necnon Decisio Granatensis Tribunalis Sancti Oficii. Opus
hoc Omnibus Episcopis, Inquisitoribus Corum Ministris, ac
Confessariis, nec non Iudicibus Criminalibus, Praefertim Inclyti
Status Mediolani Perutile, ac Necessarium. Lyons: Sumptibus Laurentii
Anisson, & Soc., 1649. [xxxii], 504, [51] pp. Folio (9" x 14").
Contemporary vellum, raised bands, gilt-edged lettering piece. Slight
bowing to boards, some wear to corners, spine ends and board edges.
Early repairs to head of spine and small gouge near rear joint, hinges
partially cracked but secure. Title page with large woodcut device
printed in red and black. Woodcut head-pieces, tail-pieces and
decorated initials. Faint later owner stamp to half-title, early owner
signatures in fine hand to title page. Minor tear to fore edge of a
leaf, small chip to fore-edge of another. Negligible occasional light
foxing, interior otherwise fresh. An appealing copy of an uncommon
title. $2,000.
* Second French edition, with corrections and additions. After
assuming the throne after the reconquest of Spain by the Christian
Spaniards, Ferdinand and Isabella chose to unify the country through
Catholicism. In pursuit of this goal they received permission from the
pope in 1478 to begin an inquisition to root out heretics, Islamics,
Jews, Protestants and other non-believers. This bloody and highly
effective political tool was finally suppressed in 1834. This
fascinating treatise outlines the rules of inquisitorial procedure,
the organization of inquisitorial tribunals, relevant statutes, types
of offenses and punishments. This is followed by Carena's edition of
commentaries on inquisitions by Guido Fulcodi, an eminent jurist who
was Pope Clement IV from 1265 to 1268. OCLC locates 15 copies, 2 of
this edition. British Museum Catalogue (Compact Edition) 4:1228.
(Inventory # 40999)

3.              Attractive Elzevier Epitome of Canon Law
Corvinus [van Belderen], Arnoldus (Ravens, Arent Jansz) [d. ca. 1680].
Ius Canonicum, Per Aphorismos Strictim Explicatum. Amsterdam: Apud
Ludovic. Elzevirium, 1648. [xii], 380, [12] pp. 12mo. (2-3/4" x 5").
Contemporary sprinkled calf, raised bands, gilt title and ornaments to
compartments, gilt double frame to boards, marbled edges and
endpapers. Small scuff to front board, some wear to corners and board
edges, chipping to spine ends, joints starting. Handsome copperplate
pictorial title page carefully remounted on new leaf. Annotattions in
fine hand to preliminaries. Interior notably fresh. Appealing. $450.
* First edition. With index. A handy synopsis of canon law arranged by
topic. Each point is supported with citations to relevant passages in
the Corpus Juris Canonici. A popular work, it went through several
edition, the last appearing in 1782. OCLC locates 38 copies, none of
this edition. Willems, Les Elzevier: Histoire et Annales
Typographiques (Supplement) 350. Dekkers, Bibliotehca Belgica Juridica
140.
(Inventory # 41001)

4.          Livingston on the Abolition of Capital Punishment
Livingston, Edward [1764-1836]. Remarks on the Expediency of
Abolishing the Punishment of Death. Philadelphia: Jesper Harding,
1831. iv, [5]-42 pp. Octavo (6" x 9"). Stab-stitched pamphlet,
untrimmed edges, wrappers lacking. Negligible wear, unopened
signatures. Light foxing, otherwise fresh. A nice copy of an uncommon
work. $650.
* Second edition. One of the most important American jurists of the
nineteenth century, Livingston devoted most of his labors to penal
reform. His efforts reached fruition in the influential penal codes he
drafted for Louisiana and the United States. Compiled by an anonymous
editor, the Remarks contains extracts from "The First Report of Mr.
Livingston, Made to the Legislature of Louisiana in March, 1822" and
the "Introductory Report to the System of Penal Law Prepared for the
State of Louisiana in the Year 1824." It was first published in 1831
to promote a recently introduced resolution before the Pennsylvania
legislature that called for the abolition of capital punishment. The
preface to the 1832 edition indicates that it was being reissued for
the benefit of the legislature, which was considering the resolution
that year. OCLC locates 13 copies. Sabin, A Dictionary of Books
Relating to America 41617n. Cohen, Bibliography of Early American Law
3823.
(Inventory # 40988)

5.              Livingston Supports Progressive Penology
Livingston, Edward [1764-1836]. Letter from Edward Livingston, Esq. to
Roberts Vaux, on the Advantages of the Pennsylvania System of Prison
Discipline, for the Application of Which the New Penitentiary has Been
Constructed Near Philadelphia, &c. &c. Philadelphia: Jesper Harding,
1828. iv, [5]-15 pp. Octavo (6" x 9"). Stab-stitched pamphlet in
printed wrappers, untrimmed edges. Vertical crease through center,
negligible wear, minor spotting and a few tiny stains to wrappers,
light foxing to a few leaves. A well-preserved copy of an uncommon
work. $150.
* Philadelphia's Eastern State Penitentiary was constructed between
1822 and 1829. It embodied the latest ideas in progressive penology,
including a commitment to the idea that prisoners could be reformed
through a regimen of solitary confinement and hard labor, with
instruction offered as a reward for good conduct. (Labor would teach
the value of honest toil, solitary confinement would induce
contemplation leading to repentance. Training offered the prospect of
a legal trade upon release.) One of the most important American
jurists of the nineteenth century, Livingston devoted most of his
labors to penal reform. His efforts reached fruition in the
influential penal codes he drafted for Louisiana and the United
States. As one would suspect, the Letter is an enthusiastic
endorsement of the new prison. Sabin, A Dictionary of Books Relating
to America 41617n. Cohen, Bibliography of Early American Law 4499.
(Inventory # 40990)

6.            Handsomely Bound Copy of Maine's Ancient Law
Maine, Henry Sumner [1822-1888]. Ancient Law: Its Connection with the
Early History of Society, and Its Relation to Modern Ideas. London:
John Murray, 1887. x, 415 pp. Octavo (5-1/4" x 8-1/2"). Contemporary
calf, gilt spine, gilt crest and blind and gilt frames to boards,
dentelles to board edges, blind inside detelles, marbled edges and
endpapers. Light rubbing and a few minor scuffs to boards, some wear
to corners, spine ends and joints. Small owner stamp to front endleaf,
interior otherwise clean. $500.
* "Maine indicates the place in the development of a legal system of
such agencies as legal fictions and equity. He explains the history of
the concept of a law of nature; and in his account of the contrast
between primitive and modern society--between the place which the law
of persons occupies in primitive and modern law--he comes to the
famous conclusion that  the government of progressive societies has
been from status to contract.": Holdsworth, History of English Law XV:
363-4. British Museum Catalogue (Compact Edition) 16:600.
(Inventory # 40995)

7.        Fascinating 1616 Treatises on Mining Law
[Mining]. Ursprung und Ordnungen der Bergwerge im Konigreich Boheim,
Churfursten-Tum Sachsen, Ertzhertzogthum Osterreich, Furstenthumb
Braunschweig und Luneburgk, Graffschafft Hohenstein, daru Einstheils
biss an hero noch nie in Druck Ausgangen alles mit Vleis Zusammen
Getragen und Was in Iedem Gehandelt auff Nachfolgendem Blat
Zubefindenn. Cum Gratia & Privil. Serenis. Elect. Saxoniae. Leipzig:
Im Vorlegung Henning Grossendes Jungern, 1616. Four parts in one
volume, each with title page. First work preceded by general title
page. [iv], 361, [3]; [iv], 209, [11]; [viii], 92; [iv], 155, [23] pp.
[Bound with]
Wenceslaus II, King of Bohemia [c.1271-1305] Deucer, Johannes, Editor
and Translator. Ein New Sehr Nutzlich Koniglich Bergkbuch, Darinnen
Begriffen Allerley Wichtige Bergksachen, wie auch Hochnothwendige
Bergkwercksgebruche und Gerichtsprocess, so taglich in Allen
Bergwercken mit Grossem Nutz, von den Bawenden Gewercken, Ampt und
Bergleuten Konnen Gebrauchet Werden. Leipzig: Typis Grosianis, 1616.
[viii], 272 pp.
Folio (7-1/2" x 12"). Contemporary paneled calf, raised bands, clasps
lacking, faint hand-lettered to fore edge. Light rubbing to boards,
some wear to board edges, corners and joints, moderate wear to spine
ends with some loss. Small early spine label to head, hinges cracked
but secure, wear to fore-edges of a few leaves at beginning and end of
text block. First few leaves loose but holding. Later bookplate to
front pastedown, early signatures and annotations to endleaves, other
annotations to margins of a few text leaves. First work has
copperplate pictorial general title page with mining scenes, title
page of second work printed in red and black within woodcut
architectural frame. First part of first work contains several
copperplate illustrations of mining techniques. Divisional title pages
of first work have large woodcut heraldic devices. Head-pieces, tail-
pieces and decorated intitals throughout. Light browning to text,
occasional light foxing. A solid copy of two fascinating and scarce
works. $5,000.
* Two fascinating collections of mining laws from north-eastern
Germany and central Europe. With indexes. The first book of Urspung
and Ordnung contains a treatise on mining techniques with charming
illustrations. This is followed by a compilation of the mining laws of
the Kingdom of Saxony and Poland. The following books contain similar
collections for the Austrian Empire and smaller states like
Braunschweig and Luneburg. The second work is an edition of a
collection of laws enacted by King Wenceslaus II of Bohemia. Both
titles appear to be first editions. Koch, Bergmannisches Schrifftum
116 (Wenceslaus). Neither title in the British Museum Catalogue,
Goldsmiths' or Kress.
(Inventory # 41000)

8.                Interesting Treatise on Maritime Law
Targa, Carlo. Ponderazioni Sopra le Contrattazioni Marittime, Colla
Giunta Delle Leggi Navali, e Del Gius Navali de' Rodii Gre. Lat. Degli
Statuti Degli Ufiziali di Sicurta Della Citta di Firenze. Nuova
Edizione Ricorretta, e Illustrata. Livorno: Nella Stamperia di Gio.
Paolo Fantechi e Compagni, 1755. [vi], vi-xii, 368, [2], iii-vi, 38,
[2], 39-59 pp. Three works with one, each with title page. Quarto (6-
1/2" x 8-3/4"). Contemporary vellum, "Targa" in early hand to head of
spine, speckled edges. Corners lightly bumped, tiny scuff to front
board, a few tiny worm holes to joints and hinges. Attractive
copperplate vignettes to title pages, handsome woodcut head-pieces,
tail-pieces and decorated initials. Early owner signature to front
endleaf, interior notably fresh. A desirable copy of an uncommon
title. $1,850.
* An enlarged later edition of an interesting treatise on maritime
law, contracts and insurance. The main text is followed by a critical
edition of the Rhodian Sea Law (in Greek with a parallel Latin text),
which was compiled between 600-800 CE, and the complete text of the
Florentine insurance statutes, which were enacted in 1529. OCLC
locates 8 copies, with 6 in the United States. Not in Kress,
Goldsmiths' or Einaudi. This edition not in the British Museum
Catalogue.
(Inventory # 40996)

9.               A Romantic History of International Law
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. Octavo (5" x 8"). Recent
cloth with lettering pieces, endpapers renewed. Small embossed stamp
to Volume I title page. Occasional light foxing, interiors otherwise
fresh. An appealing set. $650.
* Since the sixteenth century the law of nations was dominated by the
theory of natural law, which posited the existence of immutable legal
principles shared by all ages, places and peoples. This theory shaped
the work of such major jurists as Grotius, Pufendorf and Selden and
was promoted further during the eighteenth century by advocates of the
Enlightenment. Like Vico and Herder, Ward rejected this theory. As a
Romantic he had no use for universal systems. Instead, he appreciated
the unique characteristics of cultures and historical contexts. 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. Catalogue of the Library of the Harvard Law School (1909)
II: 867. Sweet & Maxwell, A Legal Bibliography of the British
Commonwealth of Nations 598.
(Inventory # 40978)

10.  Important Early Study of the Insanity Plea Inscribed by Author
Winslow, Forbes [1810-1874]. The Plea of Insanity, In Criminal Cases.
London: H. Renshaw, 1843. viii, 78, [2] pp. Includes one-leaf
publisher advertisement. Octavo (4-1/2" x 7-1/2"). Original cloth with
decorative stamping, gilt title to front board. Binding slightly
cocked. Light rubbing with some wear to spine ends and corners, minor
inkstains to boards, hinges cracked but secure, front free endpaper
lacking. Small bookplate to front pastedown, author inscription to
head of title page, owner signature to head of following leaf.
Occasional light spotting, intreior otherwise fresh. $500.
* First edition, uncommon in original binding. This treatise was one
of the first attempts to outline criteria through which to determine
the legitimacy of an insanity plea. This issue would be resolved later
that year with the establishment of the McNaghten Rules, which this
work undoubtedly influenced, and which are still applied in England
today. Marvin, Legal Bibliography (1847) 742. Sweet & Maxwell, A Legal
Bibliography of the British Commonwealth of Nations II: 388. See also
Nash, Encyclopedia of World Crime 2061-2062.
(Inventory # 40994)

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Michael von der Linn
Cataloguer
The Lawbook Exchange, Ltd.
Member: Antiquarian Booksellers Association of America
and International League of Antiquarian Booksellers
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