[Rarebooks] A Selection of Lawbook Exchange Titles (With Digital Images)

[The Lawbook Exchange, Ltd.]

Friday, August 06, 2004, 5:02 PM:

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1.  Annnoted Guide to Decisions Rendered by the Council of Trent
Barbosum, Augustinum (Barboso, Agostino) [1589-1649]. Collectanea
Doctorum, Qui Suis in Operibus Concilii Tridentini Loca Referentes,
Illorum Materiam Incidenter Tractarunt, & Varias Quaestiones in Foro
Ecclesiastico Versantibus Maxime Utiles & Necessarias Deciderunt.
Omnia ex Eorum Libris Fideliter Desumpta, & Suo Cuique Loco
Distributa, ac Admentem Decretorum Sacrarum Congregationum Cocilii
Trid. & Indicis Librorum Prohibitorum Decisionibus, Quae Ementito
Nomine Congr. in Lucem Prodierunt, Relegatis, Diligenter Expurgata.
Lyons: Sumptibus Laurentii Durand, 1634. [xx], 694, [69] pp. Quarto
(6-3/4" x 8-3/4"). Contemporary three-quarter vellum over marbled
boards. Light rubbing to boards, some wear to board edges, corners and
spine ends. Title page printed in red and black. Attractive
copperplate vignette to title page, handsome woodcut head-pieces,
tail-pieces and decorated initials. Early annotations to front
pastedown and title page, occasional minor worming with no loss to
text, occasional light browning and foxing. Ex-institutional library.
Location label to spine, embossed stamps to preliminaries, small
inkstamp to rear pastedown. A nice copy. $500.
* First edition. With a detailed index. Barbosa was a notable
Portuguese canonist who spent his professional career in Rome and
Madrid. A prolific author, his work is distinguished by a close
reading of sources and a taste for controverted questions. Intended as
a reference, the present book is an annotated collection of the
decisions rendered by the Council of Trent (1545-1563). The decisions
are printed in chronological order. OCLC locates 17 copies, 3 of this
edition. This edition not in the British Museum Catalogue.
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2.     Rare 1724 English Compilation of Civil Court Rules
[Civil Procedure]. The Rules and Orders of the Several Courts of
King's Bench, Common Pleas, Chancery and Exchequer. Continued to this
Present Year, 1724. London: Printed by the Assignes of Edward Sayer,
1724. [xii], 78, [22]; [ii], 144, [30]; [xviii], 158; 25 pp. Four
parts in one, the first preceded by general title page, the first
three preceded by division title pages. First three parts have tables
of contents and indexes, signature containing table of contents for
second work lacking. Octavo (4-1/2" x 7-1/2"). Contemporary sheep,
raised bands, blind panels to boards, hand-lettered title to spine,
"orders" in early hand to head of fore-edge. Rubbing with wear to
corners, a few scuffs to boards, some chipping to spine ends, residue
from shelf label to head of spine. Charming woodcut head and tail-
pieces. Brief early annotations to a few leaves, interior otherwise
notably fresh. A good copy of a rare work. $1,500.
* Third edition. This compilation of rules was first published in
1720. Contents include "How Attornies are to Attend Motions in Court,"
How Issues Forfeited by Jurors Ought to be Extracted," "Of Time for
Bail to render the Defendant into Custody," "How the Masters are to
take Affidavits," "Register of Commissions of Bankrupts," "of
Commission to Prove the Contempt," "How a Witness to be Examined,"
"Beating or Abusing the Person Serving the Process" and
"Irregularities in Pleadings." No copies on OCLC. One copy located in
the British Library. Sweet & Maxwell, A Legal Bibliography of the
British Commonwealth of Nations I:282 (20).
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3. Appealing 1680 Edition of Magna Carta With Coke's Commentaries
Coke, Sir Edward [1552-1634]. Magna Charta, Made in the Ninth Year of
King Henry the Third. And Confirmed by King Edward the First, in the
Twenty-Eighth Year of His Reign. With Some Short, but Necessary
Observations from the Lord Chief Just. Coke's Comments Upon It.
Faithfully Translated for the Benefit of Those That Do Not Understand
the Latine. London: Printed by the Assignees of Richard and Edward
Atkins, 1680. [5], 79, [2] pp. Octavo (4" x 6"). Contemporary calf,
rebacked, blind rules to boards, raised bands, lettering piece and
blind ornaments to spine, corners mended. Light rubbing to boards,
minor wear to joints, corners bumped. Early owner signature to title
page, occasional early annotations and underlining, interior otherwise
fresh. Appealing. $750.
* The "great charter" of political and civil liberties was granted by
King John at Runnymede in 1215. It was renewed in 1217 by the Earl of
Pembroke, regent to the child Henry III, with numerous alterations and
emendations. The charter was renewed again with minor revisions in
1225 during the reign of Henry III. This is the text translated by
Coke. His commentaries support the argument that the charter is the
source of all rights and liberties enjoyed by the English people. This
interpretation had a profound influence on political thought in
England and Colonial America. Sweet & Maxwell, Legal Bibliography of
the British Commonwealth of Nations I: 551 (13, 4). Wing, Short-Title
Catalogue of Books Printed in England, Scotland, Ireland, Wales, and
British America M253.
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4.         Profound Influence on English Political Thought
Hooker, Richard [1553 or 4-1600]. Gauden, John [1605-1662], Editor.
[Walton, Izaak (1593-1683)]. The Works of That Learned and Judicious
Divine, Mr. Richard Hooker, in Eight Books of Ecclesiastical Polity,
Compleated Out of His Own Manuscripts. With Several Other Treatises by
the Same  Author, and an Account of His Life and Death. Dedicated to
the King's Most Excellent Majesty, Chrales II. By Whole Royal Father
(Near His Martyrdom) the Former Five Books (Then Only Extant) Were
Commended to His Dear Children, as an Excellent Means to Satisfie
Private Scruples, and Settle the Publick Peace of the Chruch and
Kingdom. London: Printed for Robert Scot, Thomas Basset, John Wright
and Richard Chiswel, 1682. [xiii], 553 (i.e. 593) pp. Frontispiece.
Folio (9-1/2" x 14"). Later period-style quarter calf with raised
bands and lettering piece over contemporary marbled boards, endpapers
renewed. Light rubbing to boards, some wear to board edges and
corners. Hinges repaired, some residue from glue showing along seams.
Early armorial bookplate to front pastedown. Attractive copperplate
portrait frontispiece and facing pictorial title page in architectural
frame, main title page printed in red and black, woodcut headpieces.
Margins of preliminaries carefully repaired along gutter, tiny hole to
lower margin of frontispiece and title page with minor loss, chip to
foot of a leaf with no loss to text. Early signatures to margins of
preliminaries, light foxing and inkspots to a few leaves, interior
otherwise fresh. A handsome copy. $600.
* Fourth edition. With a life of the author by Walton. Written between
1593-97, the Eight Books of Ecclesiastical Polity is a reply to
Presbyterian attacks on Episcopalian polity and practices. "He bases
his reasoning on the unity and all-embracing character of law, as
operative in nature and as regulating man's character and actions, and
as a manifestation and development of the divine order. It is a
reinterpretation of the theories of Aquinas  to fit them to
Anglicanism, and explores the theological foundations of legal
philosophy. (...) Taken as a whole his theory is the first
philosophical statement of the principles which have subsequently
regulated political progress in England. He asserted royal supremacy
in religion and identified Church and commonwealth as different aspect
sof the same government.": Walker, The Oxford Companion to Law 581.
Wing, Short-Title Catalogue of Books Printed in England, Scotland,
Ireland, Wales and British America H2633.
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5.              Early Lutheran Legal Textbook
Lagus, Conradus (Konrad) [d. 1546]. Methodica Iuris [Juris] Traditio,
Seu Ratio Compendiaria ad Veram Solidamque Iurisprud. Mirisice ad
Omnes Libros Iuris: & DD. Recte Intelligendos Utilis. Hic, Propter que
Liber Antea Legi Retabatur: Mendisq, que in priori Editione Comissa
Suerant, Sublatis: Legibus Male Citatis Suis Locis Restitutis; Omnino
Emaculatius Quam Antea Nunc Prodit in Lucem. Correctus Etiam Index
Titulorum, qui Peruerso Ordine Collecti Suerant. Additusque Novus
Rerum & Verborum, in Toto hoc Opere Maxime Memorabilium Index.
Louvain: Excudebat Bartholomaeus Gravius, 1552. [xxxii], 787, [1] pp.
Octavo (4-1/4" x 7-1/4"). Contemporary paneled calf, raised bands,
early paper label to spine, small later library location label to
front board. Some rubbing with wear to corners, hinges cracked but
secure, front hinge reinforced with cloth tape, chipping to spine
ends. Attractive woodcut title page device. Corner lacking from a leaf
with no loss to text. Early signatures to front pastedown, light
browning and foxing to a few leaves, interior otherwise fresh. An
appealing copy. $1,250.
* With side-notes. Lagus was a jurist and humanist who was educated at
the University of Wittenberg during the heady early years of the
Reformation, where he was a pupil and protege of Philipp Melancthon.
He went on to join the faculty and write some of the earliest works
that interpreted the law from a Lutheran perspective. All were placed
on the Papal Index of Prohibited Books. First published in 1543 in
Frankfurt am Main with the title Juris Utriusque Traditio Methodica,
Methodica Juris Traditio is a textbook on Roman, canon and German
feudal law. It is his most significant work. OCLC locates 7 copies,
none of this edition. Not in Adams. Allgemeine Deutsche Biographie
XVII:522-524.
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6.           For the "Noble Regeneration of Humanity"
[Mercier, Louis-Sebastien (1740-1814)]. Notions Claires Sur les
Gouvernemens. Amsterdam: [n.p.], 1787. Two volumes. Octavo (5" x 7-
1/2"). Contemporary calf, lettering pieces, gilt double frames to
boards, gilt fillets to spine, gilt dentelles, edges rouged, marbled
endpapers, ribbon markers. Light rubbing with minor wear to spine
ends, board edges and corners. Charming woodcut title page devices and
tail-pieces. Light foxing to a few leaves, interiors otherwise fresh.
A handsome set. $400.
* First edition. Mercier was an important and popular Parisian
dramatist and Enlightenment intellectual with a European reputation.
He was a moderate member of the Convention during the revolution, he
voted against the death penalty for Louis XVI. Le Tableau de Paris
(1781-1788), his most famous work, is one of the most important
primary sources dealing with the city's politics, manners and social
life in the years leading up to the revolution. Published anonymously,
Notions Claires collect Mercier's writings on "ideas of political
economy that have so embroiled the physiocrats" (Volume I Preface i).
Others address social policy and politics, Machiavelli, Plato, Luxury,
colonies, the United States and other topics. A committed philosophe,
he hopes these essays will assist "the noble regeneration of humanity"
(Volume I Preface ii). Not in Kress, Goldsmiths or Einaudi. OCLC
locates 8 copies, 1 of this edition.
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7.              The First Conveyancing Formbook
[Phayer (Phayre), Thomas (c.1510-1560)]. A Booke of Presidents, With
Additions of Divers Necessarie Instruments, Meet for All Such as
Desire to Learne the Manner and Forme How to Make Evidences and
Instruments, &c. As in the Table of This Booke More Plainely
Appeareth. London: Printed for the Companie of Stationers, 1616. [8],
125, [viii], 125, [vii] fols. Octavo (3" x 5-1/2"). Recent period-
style calf, gilt rules to boards, lettering piece, raised bands and
gilt fillets to spine, endpapers renewed. Attractive woodcut title-
page device, head-piece and tail-piece. Upper corners of a few leaves
carefully mended. Signature to head of title page in fine early hand,
faint dampstaining to foot of text block, interior otherwise fresh. A
beautiful copy. $1,500.
* Later edition. With an index, court calendars and an almanac (t
determine future court dates). First published in 1543, this was the
first collection of conveyancing forms. The most significant book on
land law since Littleton's Tenures, it was also one of the earliest
formbooks printed in England. A popular work, it went through several
editions and reissues, the final appearing in 1626. Pollard and
Redgrave, A Short-Title Catalogue of Books Printed in England,
Scotland, & Ireland 3347.5.
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8.                      Fear of a Standing Army
Philipps, Fabian [1601-1690]. Tenenda non Tollenda, or the Necessity
of Preserving Tenures in Capite and by Knight-Service, Which According
to Their First Institution Were, and are Yet, a Great Part of the
Salus Populi, and the Safety and Defense of the King, as Well as of
His People. Together with a Prospect of the Very Many Mischiefs and
Inconveniences, Which by the Taking Away or Altering of Those Tenures,
Will Inevitably Happen to the King and His Kingdomes. London: Printed
by Thomas Leach, 1660. [xiv], 176 pp. Quarto (5-1/4" x 7-1/4"). Later
period-style calf, lettering piece and gilt fillets to spine,
dentelles to board edges, endpapers renewed. A few minor stains to
boards. Charming woodcut head-pieces. Dampspoting to a few leaves,
interior otherwise notably fresh. $1,000.
* An important book according by Holdsworth, Tenenda non Tollenda was
written to protest the recent abolition of military tenures, a system
through which the crown granted lands in exchange for military
services, either personal or through the provision of troops. He
feared this would eventually lead to the creation of a standing army,
a potential tool of royal oppression. On a broader level the abolition
of military tenure eliminated a legal bond that balanced the interests
of the monarchy and large landholders. A thoroughly argued thesis, it
is supported by 72 points. OCLC locates 12 copies. Holdsworth, A
History of English Law VI:610. Wing, Short-Title Catalogue of Books
Printed in England, Scotland, Ireland, Wales and British America
P2019.
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9.         Well-Preserved First Edition of Selden's Tithes
Selden, John [1584-1654]. The Historie of Tithes, That is, The
Practice of Payment of Them. The Positive Laws Made for Them. The
Opinions Touching the Right of Them. A Review of It is Also Annext,
Which Both Confirmes It and Directs in the Use of It. [London: s.n.],
1618. [vi], xxii, [12], 491, [5] pp. Quarto (5-1/2" x 7-1/2").
Contemporary vellum with recent calf ties, "Mr. Selden's Tithes 224"
lettered to spine in attractive early hand. Negligible wear to corners
and spine ends. Title page printed in red and black. Faint
dampstaining and underlining in pencil to a few leaves, later
signature and date in fine hand to head of title page, interior
otherwise fresh. A notably well-preserved copy. $850.
* First edition, variant B. (One of the eight variants, with all
points indicated by Sweet & Maxwell). The History of Tithes, which was
one of Selden's earliest writings, angered James I and the clergy
because it questioned the divine right to impose tithes. Although it
was suppressed by the Court of High Commission, the resulting
controversy transformed Selden into a figure of national importance.
His treatment by the church and state also encouraged his opposition
to political absolutism, an idea that informs his later writings.
Based on remarks in the dedication and on p. 449, Sweet & Maxwell
believe this is not a true first edition. (The presumed earlier
edition appears to be a ghost, however.) Sweet & Maxwell, A Legal
Bibliography of the British Commonwealth of Nations I:194-5. Pollard &
Redgrave, A Short-Title Catalogue of Books Printed in England,
Scotland and Ireland 22172.
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Michael von der Linn
Cataloguer
The Lawbook Exchange, Ltd.
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and International League of Antiquarian Booksellers
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