[Rarebooks] A Selection of Lawbook Exchange Titles

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Fri Feb 13 17:06:06 EST 2004


Friday, February 13, 2004, 4:52 PM:

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1.                James Boswell on the Douglas Cause
[Boswell, James (1740-1795)]. The Essence of the Douglas Cause To
Which is Subjoined Some Observations on a Pamphlet Lately Published
Intitled Considerations on the Douglas Cause. London: Printed for J.
Wilkie, 1767. [iv], 77 pp. Octavo (5-1/2" x 8-3/4"). Pamplet with
printed wrappers bound in later quarter morocco over marbled boards,
untrimmed edges. Some wear to edges and spine ends, boards partially
detached. Later armorial bookplate to front pastedown. Chips to head
of title page and following leaf with minor text loss carefully
repaired. Browning and light soiling to title page and verso of rear
leaf. Light foxing and toning to a few leaves, interior otherwise
fresh. $500.
* The "Douglas Cause," which involved claims on the estate of Duke
Douglas, who died without issue, was one of the most sensational
Scottish trials of the eighteenth century. "The heir-presumptive to
the Douglas estates was his sister, Lady Jane Douglas [1698-1753], who
in 1746 secretly married...Sir. John Steuart of Grandtully, by whom
she had twin sons...in 1748. These children were alleged to be
spurious, and when Lady Jane and the younger of the two boys died in
1753, the duke refused to acknowledge the survivor as his nephew; but
in 1760 he was induced...to revoke a will devising the estates to the
Hamiltons in favour of Lady Jane's son, Archibald James Edward Steuart
[1748-1827]), first Baron Douglas of Douglas.... The inheritance of
the estates was disputed by the Hamiltons, representing the male line,
but the House of Lords decided in favour of Douglas in 1769"
(Encyclopedia Britannica). This was a rancorous case, and it captured
the public's imagination. People tended to side with Douglas. When the
House of Lords decided for Douglas a mob collected in Edinburgh,
demanded a general illumination in honour of the event and, shouting
'Douglas forever!' proceeded to wreak vengeance on the houses of the
Lords who voted against him. Remembered today as the biographer of
Samuel Johnson, Boswell was a Scottish barrister with a taste for
controvesial events. This trial fascinated him. Along with this and
other pamphlets, it inspired his notable play Dorando (1767). Essence
is a response to a 1767 pamphlet by a "Gentleman of Scotland."
Encyclopedia Britannica (eleventh edition) 8: 444. Dictionary of
National Biography V: 1193.
(Inventory # 40691)

2.               Disputed Elections in Massachusetts
Cushing, Luther S. [1803-1856], Compiler. Reports of Contested
Elections, in the House of Representatives, of the Commonwealth of
Massachusetts; from 1780 to 1834, Inclusive: Compiled From the
Journals, Files, and Printed Documents of the House, in Pursuance of
an Order Thereof, and Under the Direction of a Committee Appointed for
the Purpose. Boston: Dutton and Wentworth, 1834. xv, 282 pp. Octavo
(5-3/4" x 9"). Contemporary sheep, lettering piece and blind fillets
to spine, blind frames to boards. Light rubbing with minor wear to
joints and corners, a few tiny scuffs and stains to boards. Early
owner signature to front free endpaper. Light foxing to some leaves,
interior otherwise clean and bright. A well-preserved copy. $100.
* With a table of cases. "It has not been considered, by the
committee, to be their duty...to make any selection of the cases to be
published...but merely to direct the manner of their publication. So
far as it has been found practicable, therefore, all the cases of that
description have been reported, either briefly or in detail, according
to their nature and importance. Some of the earlier deceisions, though
of no value, as precedents, have been shortly stated, for the purpose
of showing the mode of proceeding, in use at the time.": Advertisement
[v]. Marvin, Legal Bibliography (1847) 248.
(Inventory # 40697)

3.          Final reduction of the Compromise Tariff of 1832
Dayton, William C., Editor. Tariff, or Rates of Duties Payable on
Goods, Wares and Merchandise, Imported Into the United States of
America, On or After the Thirtieth of August, 1842. Together with the
Treasury Instructions to Which are Added Forms for the Direction of
Merchants, Masters of Vessels, and Others Doing Business at the Custom
House. With an Appendix, Containing Several important Laws of the
United States and State of New York Relating to Commerce, and Also All
the Treasury Circulars. Revised and Corrected. New York: Mahlon Day &
Co., 1842. xxiv, [5]-32, [41]-180 pp. Octavo (5-1/2" x 8-3/4").
Contemporary quarer calf over marbled boards, printed label to front.
Some rubbing to boards, light wear to corners and spine ends. Early
owner signature to front endleaf. Head torn from front free endpaper,
1" strip clipped from head of title page with no loss to text. Light
foxing to a few leaves, interior otherwise fresh. $250.
* A compilation of the rates outlined in the final year of the
Compromise Tariff of 1832. Sponsored by Henry Clay to appease southern
states opposed to protective tariffs, it was provoked by South
Carolina's nullification of the original 1832 tariff and threat to
secede from the Union. The Compromise Tariff provided a progressive
reduction of rates until 1842, when they would be about the same as
they were in 1816. the OCLC locates 1 copy.
(Inventory # 40696)

4.      Well-Preserved Copy of Jacob's Treatise on Real Property
Jacob, Giles [1686-1744]. The Complete Court-Keeper: Or,
Land-Steward's Assistant: Containing, First, The Nature of Courts Leet
and Courts Baron; With a General Introduction Introduction to Every
Thing Incident to Them, according to Law and Custom. Secondly, The
Manner of Holding Courts Leet, Courts Baron, and Courts of Survey,
With the Charge to the Juries; And the Forms of Entring Those Courts
in the Minute Books and in the Court Rolls; With Precedents...
Thirdly, The Manner of Keeping the Court Baron for Trying of Actions;
The Nature and Kinds of Actions; And of Pleadings; and Precedents of
Declarations and Pleadings... Fourthly, Precedents of Contracts,
Conditions, Covenants, Leases for Life, Leases for Years, Assignments,
Mortgages, Surrenders of Such Leases... Fifthly, The Power and
Authority of the Lord, and of the Steward, and the Privilege of the
Tenants, With Variety of Law-Cases and Resolutions Concerning
Copyholders... With Large Additions and Amendments from the Best
Reporters, Lord Raymond, Comyns, &c. to the Present Time. London:
Printed by Henry Lintot, 1752. viii, 518, [25] pp Octavo (4-3/4" x 8-
1/4"). Contemporary calf, raised bands, blind frames to boards. Light
rubbing and a few tiny scuffs, some wear to joints and spine ends,
corners bumped with some wear at tips. Rear hinge just starting, some
offsetting to margins of pastedowns and free endpapers, interior
notably fresh. A well-preserved unrestored copy. $500.
* Fifth edition. This comprehensive treatise on landlord and tenant
was one of Jacob's most successful works. First published in 1713, it
remained a standard work for many years. (Its final edition, the
eighth, was issued in 1819.) A practical book designed mainly for the
use of stewards, it reflects the author's experience with court
keeping. Holdsworth includes this title among his list of notable
works on land law and speaks well of it. History of English Law XII:
380-381. Sweet & Maxwell, A Legal Bibliography of the British
Commonwealth of Nations I:400. Catalogue of the Library of the Harvard
Law School (1909) I:1035.
(Inventory # 40671)

5.          Fine-Press Edition of Essay by Robert H. Jackson
Jackson, Robert H. [1892-1954].Falstaff's Descendants in Pennsylvania
Courts. [San Francisco: Grabhorn Press], 1954. [iv], 5-25, [1] pp.
Folio (9" x 12"). Original red wrappers, "Robert H. Jackson" in gilt
to front, deckle edges. Some fading to spine, rear joint of wrapper
just starting. Hand-printed text, title page with attractive woodcut
of Falstaff printed in red and black. Internally pristine. $125.
* A reprint of an article from the December 1952 issue of the
University of Pennsylvania Law Review. This fine-press edition was
produced privately for members of the Bohemian Grove, a highly
exclusive San Francisco men's club. Jackson, an Associate Justice of
the U.S. Supreme Court from 1941 to 1954, was Chief Counsel for the
United States at the Nuremberg Tribunal.
(Inventory # 40685)

6.                Includes Many Legal Maxims and Terms
MacDonnell, D.E., Compiler. A Dictionary of Select and Popular
Quotations, Which Are in Daily Use: Taken From the Latin, Greek,
Spanish, and Italian Languages; Translated into English, With
Illustrations Historical and Idiomatic. Corrected, With Numerous
Additions. Philadelphia: Published by A. Finley, 1817. 312 pp. 12mo.
(4-1/4" x 6-3/4"). Contemporary shhep, gilt fillets and lettering
piece to spine, speckled edges.  Some rubbing with moderate wear to
corners and spine ends, a few minor stains to boards, hinges just
starting. Early inscription to front free endpaper, occasional light
foxing. An attractive copy. $150.
* Second American edition. This dictionary, which includes numerous
legal entries, has English translations arranged alphabetically
according to the opening words of the quotes in their original
languages. The source of each is given. McDonnell was a barrister and
member of the Middle Temple. Shaw and Shoemaker, American Bibliography
41314.
(Inventory # 40693)

7.   Comprehensive Treatise on Succession in the Holy Roman Empire
Schurerius, Ambrosius (Schurer, Ambrosius). De Haereditatibus Quae ab
Intestato Deferuntur, Tam ex Arte Boni et Aequi, Doctrina: Quam ex
Quotidianis Sori Decisionibus cum Actionibus Quoq., Libellis &
Exceptionibus Praxis: Iuxta Ius Commune, Feudorum, Saxonicum, &
Quorundum Locorum Atque Civitatum Statuta. Urteyl und Urtelmessige
Spruche oder Rechtsbelernung von Allerley Erbfellen, auch Form und Art
der Clag und Erbforderungslibell/ Sampt Rechtlichen Schutzwehren/ nach
Gemeinen Beschriebenen Keyser auch Lehen und dann Sechsischen Rechten/
mit Angehessten Etlicher Lande/ Furstenthumb/ Grassschaften und Stedt
Satzungen und Gowonheit. Euisdem Authoris Methodica de Gradibus
Consanguinitatis & Affinitatis Explicato. Leipzig: H. Stanmann,
[1571]. [xi], 583, 64 pp. Final preliminary leaf lacking. Eight
folding tables. Quarto (6-1/4" x 8"). Contemporary panelled pigskin
with elaborate tooling, raised bands, hand lettered title to spine.
Minor wear and light soiling, boards slightly bowed. Title page
printed in red and black, woodcut tables of decsent and consanguinity.
Underlining and early annotations to endleaves and parts of text. One
leaf partially detached, interior otherwise sound. Ex-library. Small
shelf label to foot of spine, small inkstamp to title page. An
impressive--and uncommon--volume. $1,500.
* With indexes. Text in Latin and German. This comprehensive treatise
summarizes the laws of succession from the feudal, Roman, canon, Saxon
and customary systems recognized in the Holy Roman Empire. Schurer was
a Professor of Law at the universities of Leipzig and Erfurt. This
work was first published in 1567. OCLC locates 2 copies, one of this
edition. Jocher, Allgemeines Gelehrten-Lexikon IV:390. Vorschlage des
Deutschen Juristentages fur die Art der Anfuhrung von Rechtsquellen
16:S4337.
(Inventory # 40672)

8.       "Most Elaborate" Treatise on English Law and the Clergy
Watson, William [1637?-1689]. The Clergy-Man's Law: Or, the Complete
Incumbent. Collected from the 39 Articles, Canons, Decrees in Chancery
and Exchequer, as Also from All the Acts of Parliament, and Common-Law
Cases, Related to the Church and Clergy of England: Digested Under
Proper Heads for the Benefit of Patrons of Churches, and the Parochial
Clergy. And Will be Useful to All Students, and Practitioners of the
Law. With a Table of Contents of the Chapters, and ANother of the
Principal Matters. To Which is Added, the Names of the Present
Bishops, and Other Chief Dignitaries of the Church of England. With
Large Additions. London: Printed by E. and R. Nutt, and R. Gosling,
1725. 4, [8], 652, 61 pp. Folio (8" x 12-1/2"). Contemporary calf,
raised bands, blind frames and fillets to boards. Some rubbing and a
few scuffs, wear to corners and spine ends, front board partially
detached but secure, rear board just starting. Early bookplate and
annotation to front pastedown. Light offsetting to endleaves, title
page and text notably fresh. $750.
* Third Edition. "[During the eighteenth century a] number of books
aimed at setting out more or less a summary of those branches of law
which would be useful to the clergy. The most elaborate of these books
is [the present title], which was first published in 1701 and reached
a fourth edition by 1747. The author was a chergyman who held the
deanery of Battel; but he had been educated with a view to becoming a
practitioner in the ecclesiastical courts, and had taken his degree of
doctor of laws. Because he had had a legal education he was, he tells
us 'soon apply'd to by his neighbours, as a person able to advise them
in the many doubts and difficulties that daily occured to them.' (...)
The book deals clearly and systematically in fifty-nine chapters with
the law and practice on all topics which are useful to the clergy. It
is a learned book; but, as the title page indicates, it is compiled
almost entirely from the English cases, statutes and other
authorities, to which the full references are given. Though the author
is an LL.D. he is obviously more learned in English law than in the
civil or canon law.": Holdsworth, History of English Law 12:622-623.
Catalog of the Library of the Harvard Law School (1909) I:880. Sweet &
Maxwell, A Legal Bibliography of the British Commonwealth of Nations
I:176 (127).
(Inventory # 40694)

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Michael von der Linn
Cataloguer
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