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

[The Lawbook Exchange, Ltd.]

Friday, August 27, 2004, 4:29 PM:

The Lawbook Exchange, Ltd. is pleased to offer the following items.
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1.           Collected Works of Important Dutch Jurist
Bynkershoek (Bijnkershoek), Cornelius van [1673-1743]. [Vicat, Beat
Philippe (1715-1770), Editor]. Opera Omnia, in Quibus Multa ex Romano
Veteri, nec non ex Gentium & Publico Universali, Etiam que Hollandiae
cum Publico tum Privato Jure Capita Elegantissime Doctissimeque
Tractantur &c. Continens [Volume I] Observationum Juris Romani Libros
VIII, Opuscula Varii Argumenti [Volume II] Opera Minora, Quaestiones
Juris Publici, Quaestiones Juris Privati. Geneva: Sumptibus Marci-
Michaelis Bousquet & Chapuis, 1761. Two volumes bound as one, each
with title page; all works preceded by divisional title page. Folio
(9" x 13-3/4"). Contemporary three-quarter vellum over paper boards,
lettering piece to spine, cats-paw decoration to edges. Some rubbing,
soiling and a few minor stains, corners bumped and slightly worn.
Title pages to each volume with attractive woodcut vignettes printed
in red and black, equally attractive woodcut printer devices, head-
pieces and tail-pieces. Early owner signature to front free endpaper.
Clean tear to fore-edge of a leaf with no loss to text. Light foxing,
toning and dampspotting to some leaves, interior otherwise fresh. An
appealing volume. $1,500.
* Fourth (and final) edition. One of the most influential jurists and
international lawyers of his time, Bynkershoek was a Dutch jurist who
established the positive school of international law, which held that
usage and practice were more important than deductions drawn from
natural law. He was also the first to propose the "three-mile limit"
rule, which states that a nation may claim sovereignty over
territorial waters to a distance of three miles from shore. Respected
during his lifetime, his works are still consulted today. This two-
volume set collects his principal writings. Observationum Juris Romani
Libros VIII (1710-1763) advocated the reform of existing Dutch law
through Roman-law principles. The model he outlined in this book
played a decisive role in the development of Roman-Dutch law. Opuscula
Varii Argumenti (1719) addresses topics in Roman, international and
maritime law. Opera Minora (1730) contains two of his most important
essays: "Dissertation de Domino Maris (Dissertation on the Sovereignty
of the Sea)" and "De Foro Legatorum, Tam in Causa Civili, Quam
Criminali (On the Jurisdiction Over Ambassadors in Both Civil and
Criminal Cases)." Quaestiones Juris Privati (1732-1752) considers
topics in Roman, Dutch and Roman-Dutch law. The conflict of laws is
discussed at length. Quaestiones Juris Publici (1744) considers
questions dealing with international law. "De Rebus Bellicus," its
most important chapter, addresses the customs of war on land and on
sea. Notably humane, it condemns actions against civilians and
advocates the fair treatment of prisoners of war. Beginning with Lord
Mansfield, scholars have considered this to be Bynkershoek's greatest
work. Vicat was a jurist and the director of the University of
Lausanne from 1749 to 1762 and the compiler of an important law
dictionary. A pioneer in library science, he was the first to issue a
printed library catalogue. Walker, Oxford Companion to Law 163.
Dekkers, Bibliotheca Belgica Juridica 16 (19).
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2.       Cowell's Dictionary In an Attractive Clamshell Box
Cowell, John [1554-1611]. The Interpreter: Or Booke Containing the
Signification of Words: Wherein is Set Foorth the True Meaning of All,
or the Most Part of Such Words and Termes, as are Mentioned in the
Lawe Writers, or Statutes of This Victorious and Renowned Kingdome,
Requiring Any Exposition or Interpretation. A Worke not Onely
Profitable, but Necessary for Such as Desire Throughly to be
Instructed in the Knowledge of Our Lawes, Statutes, and Other
Antiquities. London: Printed by John Sheares, 1637. Unpaged. Quarto
(5-1/2" x 7-1/2"). Contemporary polished calf, raised bands. Wear to
edges and tips, scuffing to bands, front joint starting, wear to head
of backstrip with about 2" of loss, small chip to foot. Endleaves
lacking from front and rear, later annotations to front endleaf, early
signature in fine hand to head of title page, faint dampstaining to
margins of first few leaves, text otherwise clean and secure. Item
housed in attractive quarter-calf clamshell box with period-style
spine. An appealing copy. $2,000.
* Second edition. The Interpreter is considered to be the best law
dictionary until Jacob's and it is still used by scholars of early
English legal documents. Its publication provoked controversy. At a
time when Parliament and crown were vying for power, the Commons
disapproved of Cowell's royalist sympathies, which were evident in
such definitions as "King," "Parliament," "Prerogative," "Recoveries"
and "Subsidies." When a joint committee of Lords and Councilors
reviewed the work, the ensuing controversy nearly halted the affairs
of government. What is more, it contained a quotation that criticized
Littleton's scholarship, which angered Sir Edward Coke. James I
intervened in fear that his own fiscal interests would not be approved
by Parliament. Encouraged by Coke, the king imprisoned Cowell,
suppressed the book and ordered all copies burned by a public hangman
on March 10, 1610. The present edition contains several changes that
were made posthumously to placate the dictionary's enemies. Despite
its stormy reception, The Interpreter remains a useful gloss to Coke's
Littleton and other early legal texts. Walker, The Oxford Companion to
Law 311. Catalogue of the Library of the Law School of Harvard
University (1909) I:477. Marke, Vignettes of Legal History 309-312.
Cowley, A Bibliography of Abridgments, Digest, Dictionaries and
Indexes to the Year 1800 129. Sweet & Maxwell, A Legal Bibliography of
the British Commonwealth of Nations I:7 (18). Pollard and Redgrave, A
Short-Title Catalogue of Books Printed in England, Scotland, and
Ireland 5901.
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3.   With Manuscript Additions By Contemporary Justices of the Peace
[Massachusetts]. The Charter Granted by Their Majesties King William
and Queen Mary, to the Inhabitants of the Province of the
Massachusetts-Bay in New-England.
[Bound with]
The Table [to the Acts]
[Bound with]
Acts and Laws of His Majesty's Province of the Massachusetts-Bay in
New England.
Boston: Printed and Sold by Samuel Kneeland and Timothy Green, 1742.
[vi]; 14; 28; 333; 335-394 pp. The Charter and Acts have separate
title pages. The endleaves contain six pages of manuscript. Pages 333-
394 contain legislation enacted between 1743 and 1749. Folio (7-1/2" x
11-1/2"). Contemporary calf, blind-stamped fillets to boards, raised
bands, paper label with hand-lettered title (which reads "Old Laws")
to head of spine. Some rubbing with wear to board edges, joints and
spine ends, corners bumped. Hinges cracked but secure. Front free
endleaf and a few rear endleaves lacking. Manuscript entries, notes
and signatures to pastedowns and endleaves. Annotations in early hand
scattered throughout text. Foxing, light browning, dampstaining and
minor tears to some leaves, interior otherwise fresh. A well-preserved
copy of an uncommon colonial imprint with interesting additions.
$3,500.
* This complete compilation of legislation enacted from 1692 to May
1749 provides unparalleled insights into the colony's attitude towards
Indians, "Free Negroes," piracy, buggery, bestiality, incest, "Jesuits
and Popish priests," the killing of bastard children by their mothers,
"misspending money in taverns," "keeping the Lord's day," adultery,
polygamy and many other social and political topics. Although they are
separate works, the Charter and Laws are almost always bound together.
And like other copies, this one has several additional acts published
after 1742. These were issued with continuous pagination with the
expectation that they would be bound with the original work.
     It appears that Dr. William Gorham, the Justice of the Peace for
Barnstable, Massachusetts, acquired this copy in 1743. He added the
notes and annotations scattered throughout the text. What is more, he
bound in extra leaves at the beginning and end of the text block and
filled them with notes and a series of entries certifying that he
administered oaths of office to various town officials. Unfortunately,
eight leaves bound at the end of the text block were excised. The rear
pastedown contains notes by Gorham and similar entries by another
Justice, L. Lewis of Cumberland, Massachusetts. All of these were
written between 1743 and 1789. Babbitt, Hand-List of Legislative
Sessions and Session Laws 193-194. Benedict, Acts and Laws of the
Thirteen Original Colonies and States 151-166. Tower, The Charlemagne
Tower Collection of Colonial Laws 262.
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4.               From the Reign of Henry VIII
[Parliament]. Anno XXXII. Henrici Octavi. In the Parlyament begon at
Westm, the xxviii. of Apryl, the xxxi. yere of the Reygne... Anno.
M.D.XL. [London: Thomas Berthelet, 1543]. LXXII fol. Book measures 8"
x 11-1/2." Black letter. Modern half-calf over marbled boards. Minor
soiling to the margins of several leaves, else fine. $1,750.
* Fourth edition. Contains Acts of Parliament. See A Short-Title
Catalogue of Books Printed in England, Scotland, & Ireland, 1475-1640
9400.7. Beale, A Bibliography of Early English Law Books S188. Sweet
and Maxwell, A Legal Bibliography of the British Commonwealth of
Nations I:557(32).
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5.              With Two Full-Color Lithograph Plates
[Trial]. [Fletcher, Rev. Alexander (1787-1860)]. Trial of the Rev.
Alexander Fletcher, A.M. Before the Lord Chief Justice of the Court of
Common Sense, and A Special Jury. London: Printed for Knight and
Lacey, 1825. 8, 111, 24 pp. Octavo (5" x 8"). Contemporary red morocco
over marbled boards. Moderate edgewear, some rubbing to boards and
chipping to spine ends, front board detached. Leather bookplate of
Edward Hailstone. Two early owner signatures to pastedown and title
page. Full-color lithograph frontispiece entitled "The Sinner on the
Cutty Stool"; another entitled "Wrestling with the Sinner" following
title page. Appealing. $600.
* Fletcher was one of the most popular and charismatic preachers of
his day, and presided over a large congregation. In 1824 he was sued
for breach of promise to marry Miss Eliza Dick. No verdict was given
from the king's bench, as this text shows, but the united associate
synod suspended him from his office in the church. He removed himself
and his congregation to another church on Grub Street which was at the
time the largest chapel in London, and from there he preached to great
acclaim for thirty-five years. He did marry, in 1846. His eventual re-
admittance to the Presbyterian church, as well as the success of his
writings, confirm that Fletcher ultimately remained unscathed from the
limelight of this sensational trial. Dictionary of National Biography
VII:291-292.
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Michael von der Linn
Cataloguer
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and International League of Antiquarian Booksellers
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