[Rarebooks] A Selection of Lawbook Exchange Titles

[The Lawbook Exchange, Ltd.]

Friday, January 23, 2004, 4:56 PM:

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1.                  An Admirable Epitome of Roman Law
Boeckelmanni, Johannis Friderici (Boeckelmann, Johannes Frederick)
[1632-1681]. [Heineccius, Johann Gottlieb (1681-1741), Editor].
Compendium Institutionum Justiniani, Sive Elementa Juris Civilis, in
Brevem & Facilem Ordinem Redacta, Accedunt Tituli Pandectarum de
Verborum Significatione Regulis Juris Cum Praefatione Jo. Gottl.
Heinecci. Editio Accuratior. Amsterdam: Apud Salomonem Schouten, 1745.
Contemporary quarter rouged goatskin over paper boards (originally
covered with marbled paper). Author name clipped from another work and
pasted to spine, small early shelf label to front board. Rubbed with
wear to boards and corners, hinges cracked but secure. Early
signatures to endleaves. Title page with attractive woodcut device
printed in red and black, woodcut head-pieces, tail-pieces and
decorated initials. Small srtip clipped from title page with no loss
to text, occasional splits to text block. Light foxing to a few
leaves, interior otherwise fresh. $450.
* Later edition, and the second edition edited by Heineccius. With
indexes and a preface by the editor. First published in 1679, this
popular book is an epitome of Roman law and the Institutes of
Justinian. In his preface Bockelmann complains of the complexity and
formlessness of contemporary legal studies, a situation exacerbated by
the professors who publish innumerable theses on minute points instead
of attempting to explain the law as a whole. bibliographical notes.
Bockelmann was a professor at the universities of Heidelberg and
Leiden. Heineccius, a professor at the University of Halle, was a
prominent German jurist who attempted to treat law as a rational
discipline rather than as an empirical craft based on custom and
expediency. OCLC locates one copy. Ahsmann and Feenstra, Bibliografie
van Hoogelaren in de Rechten Aan de Leidse Universitiet tot 1811 42.
Dekkers, Bibliotheca Belgica Juridica 18 (9).
(Inventory # 40429)

2.            1896 English Treatise on Land Preservation
Hunter, Sir Robert. The Preservation of Open Spaces, and of Footpaths,
and Other Rights of Way. A Practical Treatise On the Law of the
Subject. London: Eyre and Spottiswoode, 1896. xxii, 424, [16] pp.
Includes sixteen-page publisher catalogue. Octavo (5-1/2" x 8-1/2").
Original cloth, blind rules to spine and boards. Some rubbing with
minor wear to joints and spine ends, corners bumped, front hinge
cracked but secure. Early owner's stamp to front free endpaper. Light
soiling to front endleaves, interior otherwise clean. $175.
* First edition. This treatise is interesting because it is an early
legal effort to retard the negative effects of industrialization and
urban expansion. "The object of this work is to furnish those who are
interested in preserving the open lands of the country, and the
footpaths and other means by which rural England may be enjoyed, with
a sketch of the law by which such enjoyment is secured and
regulated.": Preface, [v]. Sweet & Maxwell, A Legal Bibliography of
the British Commonwealth of Nations II:176.
(Inventory # 40419)

3.            First American Edition of Jacob's Dictionary.
Jacob, Giles [1686-1744]. [Tomlins, Thomas Edlyne (1762-1841)]. The
Law-Dictionary: Explaining the Rise, Progress, and Present State of
the English Law; Defining and Interpreting the Terms or Words of Art;
And Comprising Copious Information on the Subjects of Law, Trade, and
Government. Corrected and Greatly Enlarged. New York: Printed for, and
Published by I. Riley, 1811. Six volumes. Octavo (5-1/2" x 9").
Contemporary calf, blind fillets to boards, rebacked in period style
with blind fillets and lettering pieces. Early embossed owner stamps
to front free endpapers, early owner signatures to heads of title
pages, clean tear to a leaf in Volume VI with no loss to text.
Occasional faint dampstaining to fore-edges of Volumes I and IV,
occasional light foxing throughout. A nice copy of an uncommon set.
$2,500.
* First American edition, from the second Tomlins edition, 1809.
Tomlins edited and enlarged the later editions of Jacob's dictionary
in 1797, 1809 and 1810. He used Jacob as a model when he published his
dictionary in 1811. Tomlins created a new dictionary rather than
another edition of Jacob because he wanted to cite the vast numbers of
statutes at large, term reports in the several courts, parliamentary
reports and recent treatises and other sources that had been published
since the turn of the century. It was a standard work in the early
nineteenth century, but was eventually supplanted in England by
Wharton's Law Lexicon (1848) and in America by Bouvier's Law
Dictionary (1839). Catalogue of the Library of the Harvard Law School
(1909) I:1036. Shaw and Shoemaker, American  Bibliography 23105.
Cohen, Bibliography of Early American Law 5446.
(Inventory # 40444)

4.           Two Volumes on The Early History of Marriage
McLennan, John Ferguson [1827-1881]. Studies in Ancient History:
Comprising a Reprint of Primitive Marriage, An Inquiry Into the Origin
of the Form of Capture in Marriage Ceremonies. A New Edition. London:
MacMillan and Co., 1886. xxxi, 387 pp.
[With]
Studies in Ancient History, The Second Series Comprising an Inquiry
Into the Origin of Exogamy. London: Macmillan and Company, 1896. xiv,
605 pp.
Original cloth, moderate shelfwear, bindings slightly cocked. Front
free endpaper of 1886 volume detached, its rear hinge starting. Ex-
library. Residue from shelf label to spine of 1886 volume, bookplates
to front pastedowns, stamps to preliminaries. $200.
* McLennan was a jurist and sociologist who was influenced strongly by
Darwin's threory of evolution. These two books were intended to be
part of a multi-volume general history of early marital institutions
that was never completed due to the author's death. The first deals
with the acquisition of a wife through abduction. The second is about
the custom of restricting sexual intercourse to individuals outside of
one's kin group. "Though anticipated to some slight extent by the
Swiss jurist Bachofen...McLennan's work was the result of altogether
independent thought and research, and of the importance of the facts
which for the first time it brought together there has never been any
question.": Dictionary of National Biography XII:654.
(Inventory # 40425)

5.             Early American Edition of a Landmark Work
Montesquieu, Charles Louis de Secondat, Baron de la Brede et de [1689-
1755]. The Spirit of Laws. Worcester: Isaiah Thomas, Jun., 1802. Two
volumes. Octavo (5" x 8"). Contemporary sheep, lettering pieces, blind
fillets to spine and boards. Some rubbing with a few minor scuffs to
boards, negligible chipping to head of Volume I. Woodcut title-page
device, head-pieces and tail-pieces. Offsetting to margins of
endleaves, small chip to fore-edge of Volume II leaf with no loss to
text. Occasional light foxing, interior otherwise fresh. A well-
preserved set. $950.
* Second American edition. With an account of Montesquieu's life and
work. First published in Geneva in 1748, The Spirit of Laws was a
profound influence on the leaders of the American and French
revolutions. It is considered the first work on comparative or
sociological jurisprudence. More important, it was the first study to
propse the separation of powers, an idea adopted lated in the U.S.
Constitution. "In many ways one of the most remarkable works of the
eighteenth century.": Carter and Muir, Printing and the Mind of Man
197. Cohen, Bibliography of Early American Law 7826.
(Inventory # 40442)

6.            First American Edition of Rastell's Termes
[Rastell, John (d.1536)]. Les Termes de la Ley, Or Certain Difficult
and Obscure Words and Terms of the Common and Statute Laws of England,
Now in Use, Expounded and Explained. Faithfully Translated From the
Norman French, With Many Great and Useful Additions and Corrections
Throughout the Whole Book, Never Printed in Any Other Impression.
Portland: Printed by J.Johnson, 1812. iv, 391 pp. Octavo (5-1/4' x 8-
1/2"). Contemporary sheep calf, blind fillets to boards and spine,
later red and black lettering pieces. Moderate shelfwear, joints
cracked but secure, a few scuffs to boards, corners bumped some
chipping to spine ends, front hinge starting. Early owner signatures
to front free endpaper and title page, early notes in light pencil to
two leaves. Offsetting to margins of endleaves, interior otherwise
fresh. $350.
* First American edition, from the 1721 London edition. The title was
also the second law dictionary printed in America. (A Philadelphia
edition of Jacob's Law Dictionary was issued in 1811.) First published
around 1523, Rastell's is the most important English law dictionary
before Cowell's Interpreter (1607). Immediately successful, it went
through at least twenty-nine editions, the last appearing in 1819. It
"reflects the common law at the close of the year-book period with
much fidelity.": Marvin, Legal Bibliography (1847) 599. Cohen,
Bibliography of Early American Law 5450.
(Inventory # 40424)

7.            An "Every-Day" 1899 Treatise on Family Law
Rodgers, W.C. A Treatise on the Law of Domestic Relations. Chicago:
T.H. Flood and Company, 1899. cxxxiii, 900 pp. Octavo (6" x 9).
Contemporary buckram, raised bands, maroon lettering piece. Moderate
shelfwear, light soiling, a few small stains to boards. Faint
dampstaining to fore-edges of first few leaves. Owner signature to
front free endpaper, interior otherwise clean. $200.
* "It has been the purpose of the author to prepare a treatise on the
subject chosen, and sub-titles, reflecting the living law. (...) It
has been the purpose to treat the subject with a view to the law as it
is to-day, and as it comes up in every-day practice.": Preface.
Catalogue of the Library of the Harvard Law School (1909) II:486.
(Inventory # 40423)

8.                A Required Text at Harvard Law School
Starkie, Thomas [1782-1849]. [Huntington, Thomas]. A Treatise on the
Law of Slander, Libel, Scandalum Magnatum, and False Rumours;
Including the Rules Which Regulate Intellectual Communications,
Affecting the Characters of Individuals and the Interests of the
Public. With a Description of the Practice and Pleadings in Personal
Actions, Informations, Indictments, Attachments for Contempt, &c,
Connected With the Subject. With Notes, and References to American
Decisions. New York: Published by Collins and Hannay, 1832. 4, xxxv,
456 pp. Includes four-page publisher catalogue. Octavo (5-1/4" x 8-
1/2"). Recent period-style quarter calf over cloth, raised bands,
lettering piece, endpapers renewed. Occasional light foxing, light
browning to sections of text, small chip from fore-edge of a leaf with
no loss. Annotations in light pencil to a leaf, interior otherwise
clean. $650.
* First American edition from the first London edition, 1813. With
notes and references to American and the late English cases by Edward
D. Ingraham. This was a required text at Harvard Law School. Shaw and
Shoemaker, American Bibliography 14835. Cohen, Bibliography of Early
American Law 10936.
(Inventory # 40432)

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