[Rarebooks] A Selection of Lawbook Exchange Titles

[The Lawbook Exchange, Ltd.]

Wednesday, March 03, 2004, 5:02 PM:

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1.           First Edition of a Classic of International Law
Bynkershoek, Cornelius van [1673-1743]. Quaestionum Juris Publici.
Libri Duo, Quorum Primus Est de Rebus Bellicis, Secundus de Rebus
Varii Argumenti. Leiden: J.v. Kerckhem. 1737. [xxiv], 384, 32 pp.
Quarto (6" x 7-3/4"). Contemporary vellum, blind-stamped triple frame
and ornate panel surrounding a large arabesque to each board, hand-
lettered title to spine. Light soiling and a few minor stains, slight
bowing to boards. Title page with attractive copperplate allegorical
vignette printed red and black, woodcut head-pieces tail-pieces and
decorated initials. light browning to outer margins of some leaves,
interior otherwise fresh. A very appealing copy. $750.
* First edition. One of the most important jurists and international
lawyers of his time, Bynkershoek was a Dutch jurist who founded 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. He wrote several important
treatises on international law, including De Dominio Maris (1702), De
Foro Legatorum (1720) and the present work, which considers questions
dealing with international law and the customs of war. Beginning with
Lord Mansfield, scholars have considered this to be Bynkershoek's
greatest work. It was reissued in 1930 as a title in the Carnegie
Classics of International Law series. Walker, Oxford Companion to Law
163. Dekkers, Bibliotheca Belgica Juridica 16.
(Inventory # 37882)

2.                         Inscribed by Field
Field, David Dudley [1805-1894]. Draft. Outlines of an International
Code. Book First: Relations of Nations and Their Members in Time of
Peace.  New York: Baker, Voorhis & Company, 1872. iii, [5]-463, [1]
pp. Octavo (6" x 9"). Volume I of II. Original three-quarter calf with
maroon and black lettering pieces over worn black cloth. Front board
and backstrip partially detached, marbled endpapers. Front free
endpaper detached, rear joint cracked but secure. Author inscription
to verso of front free endpaper. Text tight and clean. Ex-library.
Institution stamp in gilt to front cover, foot of spine, gilt insignia
to rear cover, bookplate to front pastedown and occasional ownership
stamps throughout. A very uncommon work in the trade. $500.
* First edition. This highly influential study, which was later
translated into French, Italian, and Chinese, is considered by many to
be Field's greatest achievement. "He, first, we believe, among
jurists, brought out into light the fact that numerous treaties and
conventions which have been adopted by civilized nations, two by two,
already form, when taken together, a complete network of international
legislation on many subjects, which only requires to be seen in its
entirety and reduced from a multiplicity of special agreements between
two parties, to a single general principle affecting each and all in
their relation to each other, to form the basis of what would truly be
International Law." Marke, A Catalogue of the Law Collection at New
York University (1953) 596. Catalogue of the Library of the Harvard
Law School (1909) I:683.
(Inventory # 33468)

3.        Attractive Copy of Mare Libero with Three Other Works
Grotius, Hugo [1583-1645]. Mari Libero.
[With]
Merula (Merel) Paulus van [1558-1607]. De Maribus.
[With]
Boxhorn, Marcus Zuerius [1612-1663]. Apologia Pro Navigationibus
Hollandorum, Adversus Pontum Heuterum.
[With]
Tractatus Pacis, Mutui Commercii, Sive Intercursus Navigationum,
Confirmatus Londino Anno [1295], Inter Henricum Septimum Angliae
Regem, & Philippum Archiducem Austriae, Burgundiae, &c.
Leiden: Ex Officina Elzeviriana, 1633. 308 pp. The first two works
preceded by (and listed on) general title page, third and fourth works
preceded by divisional title pages. Octavo (2-1/4" x 4-1/4").
Contemporary calf. Skillfully rebound retaining original boards with
double gilt frames and backstrip with raised bands, gilt title and
ornament. A few minor stains and scuffs to boards, a few fine creases
to spine, hinges just starting. Handsome copperplate pictorial title
page, woodcut head-pieces, tail-pieces and decorated initials. Faint
dampstaining to head and foot of text block. Early signature to front
pastedown, interior otherwise clean. A very appealing copy. $1,800.
* This classic of international maritime law was originally published
in 1609 as a chapter in On the Law of the Prize (De Jure Praedae).
Using a sophisticated argument based on natural law, Grotius argued
for the free navigation of the seas. More specifically, Grotius
defended the actions of Dutch fishermen, who were attempting to
operate near the English coast, and the Dutch East India Company,
which was engaged in a territorial dispute in the Caribbean with
Portuguese traders. Grotius's essay is complemented by those of Merel
and Boxhorn. A treaty between the King of England and the Holy Roman
Emperor is appended to the latter essay. Ter Meulen and Diermanse,
Bibliographie de Grotius 545. Dekkers, Bibliotheca Belgica Juridica 25
(1), 69 (3), 115 (4).
(Inventory # 40785)

4.          Printed in Philadelphia, 1795 by Thomas Bradford
Martens, [Georg Friedrich von] (1756-1821).  Summary of the Law of
Nations, Founded On The Treaties And Customs Of The Modern Nations Of
Europe; With A List Of The Principal Treaties, Concluded Since The
Year 1748 Down To The Present Time, Indicating The Works In Which They
Are To Be Found. Translated from the French by William Cobbett.
Philadelphia: Published by Thomas Bradford, 1795. xix, 379 pp. Modern
three quarter calf with cloth boards. Early owner's signature at top
of title page "S Meriam." Marginal staining. A good copy.  $750.
* First American edition. A classic work by the noted jurist, Martens
(1756-1821), was a professor of law at the University of Gottingen.
The original edition of this work, Precis du droit des gens moderne de
de l'Europe... was published in 1789, although a shorter preliminary
version was published in Latin in 1785 in Gottingen with the title:
Primae lineae juris gentium europaearum practici.  Also published in
German in 1796. A list of subscriber's names is found in this edition
at pages 373 to 379, which includes, Aaron Burr, A.J. Dallas, Peter S.
Du Ponceau, James Kent, Zephaniah Swift, Wm. Sergeant among others. A
list of principle treaties of peace, truce, neutrality... found at
pages 342 to 372. Thomas Jefferson in a letter about a problem in
international law to Edmund Pendleton, February 14, 1799, remarked
"every one who ever read a book on the L. of Nations knows that it is
an unquestionale right in every power to refuse to receive any
minister who is personally disagreeable. Martens, the latest & a very
respected writer, has laid this down so clearly & shortly in his
'Summary of the Law of Nations'... and goes on to quote a passage of
the work verbatim. Sowerby, The Library of Thomas Jefferson 1429.
Cohen, Bibliography of Early American Law 7176.  Parrish, 'Law Books
and Legal Publishing in America, 1760-1840,' in Law Library J.
(72:355-452) 318. Sabin, A Dictionary of Books Relating to America
44848. Marvin, Legal Bibliography (1847) 500. Warren, A History of the
American Bar 335. Evans, American Bibliography, 1659-1800 29025.
Soule, The Lawyer's Reference Manual of Law Books and Citations 248.
(Inventory # 32667)

5.            Uncommon Complete Set of an Important Annual
Rijksuniversiteit te Leiden, Editor. Bibliotheca Visseriana: Dissertationum
Ius Internationale Illustrantium. Leiden:
E.J, Brill, 1923-1963. 20 volumes. Complete set. Original cloth,
moderate shelfwear, some volumes in lightly to moderately worn dust
jackets. Occasional faint dampspotting, interiors otherwise clean. A
very good copy of an uncommon set. $1,500.
* Edited by the law faculty of the University of Leiden, this annual
journal published articles on jurisprudence, current issues and legal
history by several distinguished contributors, such as Roscoe Pound,
Sir Paul Vinogradoff, Cornelius van Vollenhoven, Jacob ter Meulen, Dag
Hammarskjold and Hans Lessing. Most of these are in English, some are
in French or German. OCLC locates 87 copies.
(Inventory # 39776)


6.    Selden's Mare Clausum Bound With Treatises on History and Usury
[Selden, John]. Censorinus [Fl. Early 3rd Century CE]. De Die Natali. Henric.
Lindenbrogius Recensuit; Et Notis, Iteratahac Editione Passim
Adauctis, Illustravit. Leiden: Ex Officina Ioannis Maire, 1642. [xvi],
250, [38] pp. Fold-out woodcut map of the solar system. With indexes.
[Bound with]
Seldeni, Ioannis. [Selden, John (1584-1654)]; [Boxhornii, Marci Zverii
(Boxhorn, Marc) (1602-1653)]. Mare Clausum Seu de Dominio Maris Libri
Duo. I. Mare, Ex Iure Naturae Seu Gentium, Omnium Hominum non Esse
Commune...II. Serenissimum Magnae Britanniae Regem Maris Circumflui...
Accedunt Marci Zverii Boxhornii [:] Apologia Pro Navigationibus
Hollandorum Adversus Pontum Hevtervm et Tractatus Mvtvi Comercii &
Navigationis Inter Henricum VII. Regem Angliae & Philippuvm Archiducem
Austriae. London [i.e. Amsterdam?]: Iuxta Exaemplar Will. Stanesbeii
pro Richardo Meighen, 1636. [xxiv], 61, [1], 504 pp. Two copperplate
maps, woodcuts of coins, medals and allegorical figures, side-notes.
Three works in one. The first has a general title page, the second and
third have individual title pages. Signatures a-d (pp. 1-61 containing
Boxhorn's Apologia and the Tractatus Mutui Comercii) misbound between
preliminary signature 2* and A, final blank leaf lacking. Chiefly in
Latin, with passages in English, French, Greek, Hebrew and Arabic.
[Bound with]
Boxhornii, Marci Zverii. De Trapezitis, Qui In Foederato Belgio Mensas
Foenebres Exercent, Dissertatio. Leiden: Ex Officina Isaaci Commelini,
1640. 160, [2] pp.
Octavo (4" x 6"). Remarkably well-preserved contemporary vellum,
attractive hand-lettered titles to spine. Title pages of first and
final works have handsome printer devices; general title page of
second work printed in red and black. A few early annotations in fine
hand to front pastedown, general title page of second work and
endleaves of final work. Ex-private library. Early paper location
label to foot of spine, small stamps to title pages and a few leaves.
A very appealing volume with an interesting collection of works.
$2,000.
* Second Lindenbrog edition, enlarged (Censorinus); second edition,
enlarged (Selden); first edition (Boxhorn). Censorinus was a Roman
grammarian and philosopher. De Die Natali, his most important work,
discusses the natural origins of humanity, time and its divisions,
astronomy and the chronology and customs of the Romans and other
peoples. Selden was one of the most brilliant English jurists and
legal scholars of the seventeenth century. Mare Clausum (1st. ed.
1635) is the most famous British reply to Grotius' Mare Liberum
(1609), which denied the validity of England's claim to the high seas
south and east of England. Selden argues that England's jurisdiction
extends, in fact, to all waters surrounding the isles. His use of
common-law principles to rebut Grotius' philosophical argument is
quite impressive. Holdsworth notes that his case was enriched by "a
vast historical knowledge," replete with references to the customs of
peoples from the times of the Greeks to his time. (This may be the
reason why an early owner bound the work with De Die Natali.)
     Boxhorn was a Dutch historian, classical scholar and political
writer. His Apologia is a pro-Dutch dissertation supporting the
argument of Mare Liberum. (A treaty between Henry VII and Philip,
Archduke of Austria is appended.) De Trapezitis is an essay on usury
and usury laws in the Netherlands. Censorinus: Graesse, Tresor de
Livres Rares et Precieux Vol. 1-2: 101 M. Cary, et. al., The Oxford
Classical Dictionary 179; Selden: Sweet & Maxwell, Legal Bibliography
of the British Commonwealth of Nations I:514 (91). Pollard and
Redgrave, A Short-Title Catalogue of Books Printed in England,
Scotland, and Ireland S22176. Pollard and Redgrave note two Dutch 1636
reprints of the first London edition published by A. Elzevir
(S22175.3) and J. Maire (S22175.7). They also suggest that the
enlarged second edition (S22176) may have been produced in Amsterdam
with a counterfeit imprint; Boxhorn: Catalogue of the Goldsmiths'
Library of Economic Literature 704. Walker, The Oxford Companion to
Law 147.
(Inventory # 36400)

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Michael von der Linn
Cataloguer
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