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

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Mon Aug 9 17:44:46 EDT 2004


Monday, August 09, 2004, 5:44 PM:

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1.         "A Valuable Contribution to Our Jurisprudence": Marvin
Angell, Joseph K[innicut] [1794-1857]. A Treatise on the Right of
Property in Tide Waters, and in the Soil and Shores Thereof. Revised,
Corrected, and much Enlarged. Boston: Charles C. Little and James
Brown, 1847. xvi, 295, [1], cxlvi, [1], [463]-475 pp. Octavo (5-1/2" x
9-1/2"). Recent period-style quarter calf over cloth, raised bands,
lettering piece, endpapers renewed. Chipping to edges of preliminaries
and final index leaves, Occasional light foxing and light browning to
margins, interior otherwise bright. $500.
* Second edition. With an appendix of cases. Topics covered in this
classic work include Roman, English and American laws on the right of
property in the sea, rights acquirable in salt and tide waters by
prescription, custom and grant and the right of those who own land
adjoining shores to make embankments, such as wharves. Reviewing the
first edition (1826), Marvin observed that it was the first book on
the subject since Hale's De Jure Maris et Brachiorum Ejusdem, then
commended it as "a work that was much needed" and "a valuable
contribution to our jurisprudence.": Legal Bibliography (1847) 62.
Cohen, Bibliography of Early American Law 7938.
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2.                 It Could Have Inspired an Opera
[Trial]. The Arguments of Counsel in the Ecclesiastical Court, in the
Cause of Inglefield. With the Speech of Doctor Calvert; On the Twenty-
Second of July, 1786, at Giving Judgment. Printed From an Authentic
Copy of Mr. Gurney's Short Hand Notes. London: Printed for John
Murray, 1787. [ii], 110 pp. Octavo (5-1/2" x 8-3/4"). Contemporary
stab-stitched pamphlet bound into later quarter vellum over marbled
boards binding. Some rubbing to board with wear to corners, front free
endpaper just starting, soiling and chipping to a few leaves with no
loss to text. Early armorial bookplate and annotation to front
pastedown, occasional light foxing, interior otherwise clean. $400.
* John Nicholson Inglefield was a distinguished English naval captain
who deserted his wife and sued her for divorce, claiming she had
committed adultery with one of their servants, an African. Mrs.
Inglefield's counsel argued that her husband was a jealous individual
with an overactive imagination. The court agreed and denied the
divorce. In the verdict Dr. Calvert, the judge, said this case arose
from "an excess of love" on the husband's part, reasoning that "no
persons are so liable to jealousy and suspicion, as those who have the
greatest and the sincerest regard for the object whom they suspect."
Seeing their love for one another, he was optimistic that the pair
would become "a very happy family, as they had been before--both have
excellent characters, and are both able to make the conjugal state
happy..." (109-110). Catalogue of the Library of the Harvard Law
School (1909) II:1110.
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3.       Distinguished 1574 Edition of the Institutes and Authentica
[Justinian (485-565 CE)]. [Accorso (Accursius), Francisco (c.1182-
c.1260), Glossator]. [Perrino, Egidio (fl. 1508-1533). Editor].
Institutiones Divi Caesaris Iustiniani, Quibus Iuris [Juris] Civilis
Elementa Singulari Methodo Libris Quatuor Comprehenduntur. Cum
Accursij Commentarijs & Doctissimorum Virorum Annotationibus. Omnia
Diligentissime Purgata & Recognita. Accessit Rerum & Verborum
Insignium Index Locupletissimus Institvtiones Divi Caesaris Iustiniani
[Justiniani]. Edition Postrema. [xl], 383 pp.
[Bound with]
[Alciata, Andrea (1492-1550), Editor.] [Rebuffus, Peter (1487-1557)].
Novellae Constitutiones Divi Caesaris Iustiniani, Quae Authentica
Vulgo Appellant. Tres Codicis Libri Posteriores, Feudorum Libri Duo,
Constitutiones Friderici II. Imp. Extravagantes duae Henrici VII. Imp.
Libellus de Pace Constantiae. Omnia Diligentissime Recognita, &
Emendata. Editio Postrema. [xx], 359, 226, 145 pp.
Main texts surrounded by linear glosses. Venice: [Apud Ioannem
Variscum & Socios], 1574. Quarto (7" x 9-1/2"). Contemporary vellum,
lettering piece, edges rouged. Some wear to edges of boards and spine,
front joint just starting at foot. Title pages and text printed in red
and black. Large woodcut printer device, woodcut decorated initials.
Faint dampstaining to lower portion of text block, occasional light
foxing. Underlining and early annotations to a few leaves, interior
otherwise clean. An appealing post-incunable. $650.
* With indexes. An early edition of the Institutes with glosses by
Accorso (Accursius), a Professor of Law at Bologna and a leading
figure in the revival of classical jurisprudence. He examined every
extant note and commentary when he prepared his epochal edition of
Justinian's Institutes, Digest and Code. This massive effort
eliminated much of the obscurity and contradiction introduced by
earlier writers. His gloss, which superseded all previous attempts,
was often cited as the Glossa Ordinaria or Magistralis. It remained
definitive until its 1583 revision by Denis Godefroy. This title is
bound to an edition of the Authentica, a collection of 134 novels
(constitutions) of Justinian originally compiled between 535 and 556
CE. It was edited by Alciati, a deeply influential Italian humanist
and professor of law who was one of the first to base his
interpretation of Roman law on the history, languages and literature
of antiquity, and to conduct original research on the texts rather
than merely copy earlier glosses. The rest of this volume contains the
Sequitur Nova Arbor Feudorum, a treatise on feudal succession by
Rebuffus, a noted French canonist, enactments of Holy Roman Emperors
Frederick II [1194-1250] and Henry VII [c.1275-1313] and the Peace of
Constantine, a series of decrees issued by Emperor Constantine I
between 312 and 330 that formally tolerated Christianity, gave
Christians the right to build churches and establish ecclesiastical
courts. OCLC locates four copies of the first title and four of the
second. Not in Adams. British Museum Catalogue (Compact Edition)
21:985 (Institutes only).
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4.               Elzevier's Typographical Masterwork
[Justinian (483-565 CE)]. Godefroy, Denis [1549-1621], Editor. [Cujas,
Jacques (1522-1590)]. [Leeuwen, Simon van (1626-1682)]. Corpus Juris
Civilis, Pandectis ad Florentium Archetypum Expressis,
Institutionibus, Codice et Novellis, Addito Textu Graeco, ut & in
Digestis et Codice, Legibus et Constitutionibus Graecis, Cum Optimis
Quibusque Editionibus Collatis. Cum Notis Integris, Repetitae Quintum
Prelectionis. Praeter Justiniani Edicta, Leonis & Aliorum Imperatorum
Novellas, Ac Canones Apostolorum, Graece & Latine, Feudorum Libros,
Leges XII. Tabul. & Aliosad Jus Pertinentes Tractatus, Fastos
Consulares, Indicesque Titulorum ac Legum: & Quaecunque in Ultimis
Parisiensi vel Lugdunensi Editioninus Continentur, Huic Editioni Nove
Accesserunt Pauli Receptae Sententiae Cum Selectis Notis J. Cujacii et
Sparsim ad Universum Corpus Antonii Anselmo, Observationes Singulares,
Remissiones & Notae Juris Civilis, Canonici, & Novissimi ac in Praxi
Recepti Differentiam Continentes; Denique, Lectiones Variae & Notae
Selectae Augustini, Bellonii, Goveani, Duareni, Ruffardi, Hottomanni,
Contii, Roberti, Raevardi, Charondae, Grotii, Salmasii & Aliorum.
Opera & Studio Simonis van Leewen. Amsterdam and Leiden: Johann Blaeu,
Louis & Daniel Elzevier, F. Hackius, 1663.  Two Vols. [18], 796 pp.;
[12], 388, [12], 300, [92], [39] pp. Large Folio (9-1/2" x 15-3/4").
Extra engraved title page by C. van Dalen. Contemporary calf, raised
bands, decorative gilt spines with contrasting gilt spine, lettering
pieces. Edges rouged, joints of Volume Two just starting, some
rubbing, marbled endpapers, ownership inscriptions of Aegidius De
Backer of the Society of Jesus, 1779. Very minor stains. Printed in
double columns with extensive printed marginal glosses and
explanations. In Latin, with sections in Greek and Latin. A clean
fresh copy. $2,000.
* "Justinian's codification as a whole, including the Novels, is now
called by the general descriptive name of Corpus Juris Civilis, an
expression which came into use late in the 16th century from the
famous French jurist Denis Godefroy (Gothofredus) [the editor of the
present work], who first used this term in his 1583 edition of
Justinian's monumental codification. This expression "Corpus Juris,"
so familiar and frequent in modern legal literature, is but a correct
shortened form of Godefroy's title" (Marke).
     This edition is particularly appealing for its exquisite design,
which harmoniously combines an imposing array of typographical matter
in both Latin and Greek. Indeed, this work has been called the most
beautiful book ever issued by the Elzeviers. It also contains
additional material by Cujas and van Leeuwen, two of the most
distinguished early modern scholars of Roman law. Marke, A Catalogue
of the Law Collection at New York University (1953) 114. Willems, Les
Elzevier: Histoire et Annales Typographiques 1299. Brunet, Manuel du
Libraire et de L'Amateur de Livres III, 608. Graesse, Tresor de Livres
Rares et Précieux ou Nouveau Dictionnaire Bibliographique III:503.
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5.   C.1875 French Lecture Notes on Family and Constitutional Law
[Legal Study]. L'Enseignement de L'Histoire du Droit en Doctoral:
Caractere, Utilite, Esprit de cet Enseignement. Choix d'un Sujet: Le
Droit des Gens Maries. various paginations.
[And]
Droit Constitutionnel (1re Annee). 247 pp.
n.p.: s.n., c.1875. Photo-reproduced autograph lecture notes.
Contemporary quarter cloth over marbled boards. Moderate shelfwear,
front hinge of first volume cracked but secure, fading to spines,
light browning to texts. Occasional underlining and a few annotations,
interior otherwise clean. $250.
* These are two volumes from the series Repetitions Ecrites, which
offered general lecture notes on various academic topics to university
and professional school students. The second volume's subtitle states:
"Summary: Object of constitutional law. The state. Its role in the
representative system. Course plan. Four parts: Sources of
constitutional law, theoretical sources, the canonists, the legists,
the economists. The theories of St. Thomas Aquinas, Hobbes, Francois
Hotman, Jean Bodin, Locke, Montesquieu and Rousseau. Sources of
positive constitutional law. Written and unwritten constitutions. The
British constitution: compacts, statutes, treaties. Written
constitutions" (2) Valuable guides to the general state of these areas
in France at the time, these volumes will reward further research.
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