Catalogue 251
Page Two
INDEX
Page 1: A - C
27. Dalton, Michael. THE COUNTREY JUSTICE, CONTAINING THE PRACTICE OF THE JUSTICES OF THE PEACE OUT OF THEIR SESSIONS ... Now the fourth time published, and revised, corrected, and inlarged, the additions being thus marked ... London, John Moore, 1630. Folio. 6 p.l., 410(i.e. 418),(12)pp. A very pleasant copy in fine condition, complete with the preliminary and final integral blanks. Title within rich ornamental wood-cut border. Internally fresh and clean; bound in 18th century 1/4 calf, marbled sides, spine gilt with ornaments in compartments, raised bands, red leather label. Contemporary (18th c.) bookplate of "Sir William Jerningham, Bart. Cossey."
A lovely fresh copy of an early edition of one of the classic works of its kind. First published in 1618, it passed through some 20 editions by 1746. Dalton's work together with those of his predecessors, Fitzherbert, Crompton, and Lambard, and that of his successor, Burn, account for the main lines of development in the literature on this topic well through the 18th century. Dalton is important partly because his work firmly established the alphabetical topical structure of future texts. STC 6209. S&M I, 227. Marvin p.251. $1250.00
28. Destler, Chester McArthur. JOSHUA COIT, AMERICAN FEDERALIST 1758-1798. Middletown, Ct. Wesleyan U. Press, (1962). 191pp. Orig. cl., d.j. Fine. First edition. Coit was a Federalist Congressman from Connecticut. $45.00
The first general bibliography of Portuguese law
29. (Elescano Barreto e Aragao, Antonio Barnabe de). DEMETRIO MODERNO, OUO BIBLIOGRAFO JURIDICO PORTUGUEZ. O qual em huma breve dissertacao historica, e critica propoem, e da huma clara, e distincta ideia de todas as preciozas reliquias, e authenticos monumentos antigos, e modernos da legislacao Portugueza; e igualmente de todos os livros, e obras dos jurisconsultos, e escriptores reyniculas theoricos, e practicos, que escreverao nos reynados dos Senhores Reys de Portugal. A beneficio dos cultores da jurisprudencia theoretica destes reynos ... Lisboa: na officina de Lino da Silva Godinho, 1781. 5 p.l., 216pp. Contemporary catspaw sheep, spine gilt, raised bands, leather label; later endpapers inserted. A fine copy, complete with the half-title.
First edition (second issue?) The first general bibliography of Portuguese law. Rare. NUC lists DLC and CLL only (also a copy dated 1780, with fewer preliminaries, i.e. probably without the dedication, at Harvard). Besterman p.341, giving the date of publication as "[1780]-1781" and pagination as "[xi]-216." The pagination of this copy, i.e. [x]-216, with the preliminaries complete, is identical with that given in the NUC. $650.00
30. Fisher, Richard Barnard. A PRACTICAL TREATISE ON COPYHOLD TENURE, with the methods of holding courts-leet, court-baron ... an appendix containing forms of entries ... and a variety of precedents ... The second edition revised, corrected, and improved. London, J. Butterworth, 1803. 8 p.l., 423,xpp., 2 fldg. tables. Contemp. polished calf, leather label, minor rubbing but a very good copy.
Second and final edition, revised; also reprinted in 1804; the first edition was 1794. The first systematic treatise on the topic since Coke, taking into account modern variations in the law, including bastard species of copyhold. S&M I, 399. NUC lists DLC, PPB, OU, PU-L. $250.00
31. Foss, Edward. BIOGRAPHIA JURIDICA. A BIOGRAPHICAL DICTIONARY OF THE JUDGES OF ENGLAND, from the Conquest to the present time 1066-1870. London, John Murray, 1870. xv, 792pp. Recent 3/4 morocco. Fine copy. $185.00
First edition of this single volume version of Foss's monumental nine-volume The judges of England, (1848-64), only slightly abridged, with corrections and the addition of judges appointed after 1864, comprising altogether more than 1600 lives. With the advantage of alphabetical rather than the chronological order of the original. Winfield, Chief sources, 182f., calls this, along with the nine volume work, an essential reference, especially for use with the Yearbooks.
The Napoleonic Code
32. France. Laws, Statutes. CODE CIVIL DES FRANCAIS. EDITION ORIGINALE ET SEULE OFFICIELLE. Paris, de l'Imprimerie de la Republique. An XII - 1804. Large 4to. Ornamental vignette on title. Complete with the half-title. 579pp. A very good copy, partially interleaved, bound in contemporary mottled calf, spine ornamental gilt, leather label, joints and edges lightly rubbed, corners a bit bumped, still a very good, fresh copy in an attractive contemporary binding.
First edition. The scarce deluxe quarto edition (also issued simultaneously in a more common octavo edition). One of the landmarks of modern European history. Combining legal tradition from Justinian to Domat and Pothier, with the innovations of the French Revolution, this became the first modern code of private substantive law. It is divided into three books-persons, property, and acquisition of possession- each heavily influenced by Roman law in both form and substance; among its many innovations is the first provision in modern western law for legislation on divorce and adoption. Napoleon conceived of this code (usually and rightly called the "Napoleonic Code") as the unifying element in his vision of European empire. (In fact Napoleon personally took part in its drafting and held the Code to be his most lasting achievement.) In the long run, the Code Civil did in fact perform a unifying role, serving as the model of codification (in some cases actually being adopted itself) wherever the law was in need of restatement both in Europe and Latin America. "The Code Civil, being the pioneer, was eagerly accepted as the model ... From its promulgation to the end of the century no civil code was framed anywhere which it did not profoundly influence, and many later codes do little more than reproduce it."- Encyclopaedia of the Social Sciences II, 604ff. See also the article in the Encyclopaedia Britannica, 11th ed. cf.En Francais dans le Texte #210 where, curiously, only the octavo copy is exhibited. A desireable copy of this impressive edition of an important historical document. $2250.00
33. Francis, Richard. MAXIMS OF EQUITY, COLLECTED FROM ... CASES ... IN THE HIGH COURT OF CHANCERY: ... FIRST AMERICAN EDITION, WITH REFERENCES TO MODERN AUTHORITIES, BOTH BRITISH AND AMERICAN; BY WILLIAM WALLER HENING ... Richmond: Shepherd and Pollard, printers, 1823. 156pp.
An uncommonly nice copy in a c.1823 signed Virginia binding. The binder's ticket on the inside front pastedown reads: "Bound by Joseph Martin, at the lowest Northern prices, Main St. Richmond, opo. Mer. Coffee House." No doubt the original binding. Contemporary calf, red leather label, simple blind-stamped chain borders on covers and chain rules on spine. Contemporary ownership signature of "A. Shepherd, Jr. Price $ 7 1/2". Light rubbing but essentially a fine copy. $500.00
First American edition of a classic on equity (1727), especially important for the extensive editorial contributions by William Waller Hening (DAB), distinguished Virginia legal writer entrusted by Jefferson with publication of the laws of Virginia. Included here are appendices on usury law throughout the United States and the law of legacies. Hening's notes contain much of general interest with regard to the case and statute law of Virginia and several other states. S&M I,256, listing this as the final edition. H.E.L. XII,188f. AI 12574. Marvin p. 322.
An early printing of the Constitution of Louisiana
34. (American Constitutions). THE FREEMAN'S GUIDE: CONTAINING THE FEDERAL CONSTITUTION, AND THE CONSTITUTIONS OF THE DIFFERENT STATES ... with the latest amendments ... Charlestown, Solomon B. Brega, 1812. 294pp. Original boards, uncut. Fine.
A very appealing copy, uncut in the original paper boards as issued, and in faultless condition. A significant collection, containing what is probably the earliest anthologized book printing of the constitution of the State of Louisiana, dated Jan. 22, 1812. Sabin (16101f) lists no other compilations of this sort for 1812. Sabin 25790. Shaw-Shoemaker 25460. $350.00
More influential than Locke
35. Gordan, Thomas. THREE POLITICAL LETTERS TO A NOBLE LORD, CONCERNING LIBERTY AND THE CONSTITUTION. London: printed for J. Roberts, 1721. 52pp. Some foxing, title page a bit dust soiled, still a very good copy. Bound in recent 1/4 calf antique. $475.00
First edition (?). An unrecorded variant. This is a quintessential statement of radical Whig constitutional theory, containing discussions of the Act of Settlement, the extent of executive and legislative power, the sovereign power of the people, and more. Gordon was a political writer who served as amanuensis to John Trenchard. Together they produced The Independent Whig and Cato's Letters, two of the most popular sources of libertarian political thought in England during the 18th century. These two works were also widely read in the American colonies (the Independent Whig was in fact reprinted in Philadelphia in 1724). It is only recently, with the shift of interest to the study of popular culture, that scholars have come to appreciate the broad-based appeal and singular influence of Trenchard and Gordon's works in colonial America. As David L. Jacobson notes in a revisionist study, The English libertarian heritage from the writings of John Trenchard and Thomas Gordon (1965): "Cato's Letters" rather than Locke's Civil Government" was the most popular, quotable, esteemed source of political ideas in the colonial period." cf.Caroline Robbins, The Eighteenth Century Commonwealthman, pp.115-117. The NUC lists two editions for 1721, one 38pp., the other, a "second edition," 40pp., both in larger formats than our 52-page edition, which it does not list. Also not listed in ESTC (1990). All editions are scarce.Catalog 250, Index and Page One, Robert H. Rubin Books, Brookline, Massachusetts,USA
36. Hand, Learned. THE SPIRIT OF LIBERTY. Papers and addresses ... collected with an introduction and notes by Irving Dilliard. N.Y., Knopf, 1952. 262pp. Orig. cl., d.j., fine. First edition. $50.00
37. Hawkins, William. A TREATISE ON THE PLEAS OF THE CROWN: or, a system of the principal matters relating to that subject ... The third edition, with large additions and many hundred new references to the modern books of authority." In the Savoy: E. and R. Nutt and R. Gosling for B. Nutt, 1739. Large folio. Two volumes bound in one, separate title page for volume two. (xvi),266,(48); (viii),264,(78)pp. Contemporary calf, joint extremities cracked but quite firm, raised bands, leather label. A very good copy, in a good, sturdy contemporary binding, contents fine. $650.00
The third edition, with an editorial preface indicating the addition of new material, including references to Hales' History of Pleas of the Crown published in 1736; the previous edition was 1724-26. Hawkins' classic work is considered the foundation for modern treatise literature on the criminal law. There were altogether five folio editions, the first in 1716-21 and the last in 1771. The 1824 ocatvo edition, one of several which succeeded the folios, marks the final appearance of the text. A popular book in 18th century American law practice. cf.Johnson, H.A., Imported 18th century law treatises in American libraries 1700-1799, 91. S&M I, 362-3.
38. Herttell, Thomas. THE DEMURRER: OR, PROOFS OF ERROR IN THE DECISION OF THE SUPREME COURT OF THE STATE OF NEW YORK, REQUIRING FAITH IN PARTICULAR RELIGIOUS DOCTRINES as a legal qualification of witnesses; thence establishing by law a religious test ... N.Y., E. Conrad, 1828. 158p. Orig. prtd. wraps, later cloth spine (ex-pamphlet folder but not ex-lib.) Some foxing but a very good, sound copy. $150.00
"A friend of Dr. Thomas Cooper, Herttell presents a strongly worded legal argument of the right of the American citizen to form his own opinions in matters of religious faith and to state them without prejudice to his civil rights ... Cooper cited it in his own treatise on the liberty of the press as a landmark on free discussion."- McCoy H216. Herttell, a N.Y. Assemblyman, was a tireless advocate, in politics and print, for liberal causes, including women's rights and debtor law reform. AI 33535. Marvin p.384.
The first separate digest of U.S. Law
39. Herty, Thomas. A DIGEST OF THE LAWS OF THE UNITED STATES OF AMERICA. Being a complete system (alphabetically arranged) of all the public acts of Congress now in force, from the commencement of the Federal government to the end of the third session of the fifth Congress ... March 1799 ... Baltimore, Printed for the editor, by W. Pechin, 1800. iv,(9)-562pp., 1 ad. leaf. Contemp. sheep, neatly rebacked preserving the original leather label. A very good copy. $350.00
First edition. This appears to be the earliest separate and substantial abridgement of the laws of the U.S. A sequel volume was published in 1802. In 1796, Folwell's three volume edition of U.S. laws, published in Philadelphia incorporated a modest digest prepared by Zephaniah Swift as a supplement to the third volume. Herty also produced a digest of the laws of the state of Maryland, which he advertises here. Evans 37613. Marvin p.384, noting only this initial volume. Babbitt p.554, listing this as the first U.S. abridgement, followed by Graydon's Digest. This is a very uncommon book in our experience, even though it is well represented in institutions. We have previously handled but a single copy.
40. Hildreth, Richard. DESPOTISM IN AMERICA; OR AN INQUIRY INTO THE NATURE AND RESULTS OF THE SLAVE-HOLDING SYSTEM IN THE UNITED STATES. Boston, Jewett, 1854. 306,(1)pp. A very good copy in original embossed publisher's cloth gilt, minimal wear to tip and foot of spine. Early private library bookplate of J.E. Twitchell. $185.00
Second edition, much enlarged (307pp. vs 186pp.) and brought up to date since the first edition of 1840. With an entirely new, large chapter on the legal and constitutional issues of slaveholding. An important penetrating attack on slavery as an obstacle to democracy and social progress; written by one of the most important radical American social thinkers of the period. Hildreth, who was directly influenced by Bentham, developed an original theory of social progress rooted in the ideas of democracy and equality, and it is from this vanage point that he attacks slavery. See Herbert Schneider, A history of American philosophy, p.123ff. for a good account. DAB. Sabin 31774. Blockson 9352.
41. Hoffbauer, J.C. MEDECINE LEGALE RELATIVE AUX ALIENES ET AUX SOURDS-MUET, ou les lois appliquees aux desordres de l'intelligence ... traduit de l'allemand sur la derniere edition par A.M. Chambeyron ... avec des notes par MM. Esquirol et Itard. Paris, Bailliere ... Londres, meme maison ... 1827. 2 p.l., 388pp, fldg. table. Contemporary sheep, spine gilt, leather label. A very good copy.
First and only edition. An important treatise on an unusual, specialized aspect of legal medicine, with extensive notes by Esquirol, one of the founders of modern psychiatry, and Itard, who wrote the first modern text book on diseases of the ear. Esquirol has also contributed a 50-page essay entitled "Note sur la monomanie-homicide." For Itard, see G-M 3364. Hoffbauer was, together with Pinel, Esquirol, and Heinroth, one of the leading figures in the progress of psychiatry on the continent. Cf.Hunter & Macalpine 840, 893, 1015. NUC lists 8 copies. No copy in the BLC. Very uuncommon. $550.00
With all editions and revisions
42. Hume, David. COMMENTARIES ON THE LAW OF SCOTLAND, RESPECTING THE DESCRIPTION AND PUNISHMENT OF CRIMES. In two volumes. Edinburgh: printed for Bell & Bradfute, 1797. With: COMMENTARIES ON THE LAW OF SCOTLAND RESPECTING TRIAL FOR CRIMES. In two volumes. Edinburgh: Bell & Bradfute, 1800. With: SUPPLEMENTAL NOTES TO MR. HUME'S COMMENTARIES ON THE LAW OF SCOTLAND RESPECTING CRIMES. Edinburgh: Bell & Bradfute, 1814. With: COMMENTARIES ON THE LAW OF SCOTLAND, RESPECTING CRIMES. Second edition. In two volumes. Edinburgh: Bell & Bradfute, 1819.
Together four works in seven volumes, uniform 4to, the first three uniformly bound in contemporary full polished calf, double contrasting leather labels, in very nice, fresh condition throughout; the fourth entirely uncut in original publisher's boards, printed paper labels, in extraordinarily fine condition, as issued. $3500.00
A virtually complete collection of the writings of David Dume on criminal law, consisting of a principal commentary published originally in two separate parts, with a later supplement and a final lifetime revision of the whole. Regarded as "The standard work on Scottish criminal law." -DNB. Hume was the beloved nephew of the philosopher David Hume; his education at the University of Glasgow was paid for by his uncle, and he subsequently inherited his uncle's library. Included here are the first editions, respectively, of the two Commentaries on crime and punishment (1797) and criminal trials (1800), as well as a supplement (1814), and, finally, the second, revised edition (1819) of the whole work, with much new material added in the extensive footnotes, bringing the earlier volumes up to date. This second edition is offered here in a spectacular copy in original condition, wholly unopened; few substantial quartos from this period have survived in this state of preservation. (Bookplates neatly removed; five pages of publisher's ads. at the end of volume two.) All four publications are scarce, the last two particularly so. The NUC lists 6 copies (DLC, WaU-L, N, IaU, PPL, CtY) and 4 copies (DLC, CtY, MH, CLL) respectively of the Commentaries of 1979 and 1800; a single copy (DLC) of the Supplement; and 3 copies (PU-L, CtY, OU) of the revised second edition. All are scarce on the market, again the last two in particular. An unusual opportunity to acquire this complete body of authoritative writings on criminal law, in choice copies. DNB. S&M V, 52.
The first published American reports
43. Kirby, Ephraim. REPORTS OF CASES ADJUDGED IN THE SUPERIOR COURT OF THE STATE OF CONNECTICUT. From the year 1785 to May 1788; with some determinations in the Supreme Court of Errors. Litchfield, Collier & Adam, 1789. 4 p.l., 456,(30)pp. Inner margin of title leaf expertly and inconspicuously restored, marginal browing to first few leaves (early binding offset). Attractively bound in recent 1/4 calf antique, leather label. $475.00
The first published reports for Connecticut and, essentially, the first fully developed volume of American reports to be published in the United States. Wallace notes Hopkinson's Pennsylvania Admiralty Reports, with preface dated February 1789, but concedes the much greater scope of Kirby, and merely speculates, because Kirby's preface is undated, that Hopkinson may have appeared first. It contains "a remarkable preface (in which) Kirby demonstrated that a system of law reporting was essential to the development of American law ... (and) in American legal literature (it) holds a place comparable to that which Plowden's Commentaries holds in English legal literature."- DAB. Evans 21914. Wallace, Reporters, p.751. A well preserved and attractive copy of an important book.
44. Konkle, Burton Alva. THE LIFE OF ANDREW HAMILTON 1676-1741. "The day-star of the American Revolution." Phila., National Publishing Co., 1941. 168pp. Illus. Orig. cl. Fine. First edition. Hamilton defended John Peter Zenger. The original "Philadelphia Lawyer." $45.00
45. Lieber, Francis. GUERRILLA PARTIES CONSIDERED WITH REFERENCE TO THE LAWS AND USAGES OF WAR. Written at the request of Major General Henry W. Halleck ... Ordered by the Department of War to be printed for distribution in the Army. N.Y., D. Van Nostrand, 1862. 22pp., errata slip. Orig. prtd wraps. Fine copy. $150.00
First and only edition of what appears to be the first separate American work on guerrilla warfare in relation to international and military law. A scarce publication despite official sponsorship. DAB for Lieber.
Early American political science
46. Lieber, Francis. LEGAL AND POLITICAL HERMENEUTICS, or principles of interpretation and construction in law and politics, with remarks on precedents and authorities. Enlarged edition. Boston: Charles C. Little and James Brown, 1839. 240pp. Some foxing, small private ownership stamp on title page. A very good copy bound in original publisher's cloth, printed paper label a bit rubbed. $450.00
First edition in book form, based on an article which appeared originally in The American jurist for 1837-38, expanded sufficiently to qualify this as a new work. A remarkable anticipation of semiotics, applied in this instance to the discovery of textual meaning in political science, law, and written constitutions. Lieber makes a fundamental disctinction between interpretation - the discovery of meaning inherent, but "hidden," in a text, as conveyed by words or signs - and construction - the extension or application of inherent meaning to matters outside the text. Most interesting here is the methodology - a careful exposition of a theory of language in terms of signs made problematic by their ambiguity; this is accompanied by an elaborate system of principles and rules of interpretation - both moral and practical - specific to law and politics, touching on differences in style of interpretation between free and tyrannical societies, differences between literal and liberal interpretation, and more. Lieber's writings mark the beginning of systematic political science in America. This work in particular was admired by James Kent, Henry Clay, Rufus Choate, and others. "The comprehensive and systematic form of (Lieber's) writings and their breadth of philosophical and historical vision gave them great influence upon later American theorists, notably Theodore D. Woolsey and John W. Burgess." -Encycl. of the Social Sciences.
The first complete publication of Livingston's penal code
47. Livingston, Edward. A SYSTEM OF PENAL LAW FOR THE STATE OF LOUISIANA: consisting of a code of crimes and punishments, a code of procedure, a code of evidence, a code of reform and prison discipline, a book of definitions ... to which are prefixed a preliminary report on the plan of a penal code, and introductory reports to the several codes embraced in the system of penal law. Phila., James Kay, Jun., (1833). v,745pp. Contemp. sheep, leather label. A very good copy. Ownership signature of Fred. Augustus Worcester, 1807-88, Harvard 1831, and H.L.S., practiced in central Mass.
First complete edition of one of the great international landmarks in modern criminal law reform. Livingston's code was originally published piecemeal in Louisiana during the 1820's; many of the component parts in their original printings are now virtually unobtainable This publication marks the first appearance of the entire code with all its supporting documents, and practically speaking, the earliest available text for much of the code. Livingston's enlightened reforms (both this code and a similar one for the U.S. published in 1828) - a direct legacy of Beccaria and Bentham - stressing prevention over punishment, were never enacted into law; nonetheless both became beacons of reform to later generations. Eugene Smith, writing in the Columbia Law Review in 1902, stated: "Seventy-five years have elapsed and yet it is probably safe now to say that these codes embody the most comprehensive and enlightened system of criminal law that has ever been presented to the world. They constitute a thesaurus from which the world has ever since been drawing ideas and principles."- cited in Hicks, Men and books famous in the law, p.180. AI 19755. Now scarce. $450.00
One of the first accounts of an American bank robbery
48. (Lyon, Robert, defendant). ROBBERY OF THE BANK OF PENNSYLVANIA IN 1798. The trial in the Supreme Court of the State of Pennsylvania. Reported from notes by T. Lloyd. Philadelphia: printed for the publishers, 1808. (2)184pp. Neatly removed. $325.00
First edition. A significant trial on several accounts. Together with Lyon's own narrative published in 1799, this must be one of the very first accounts (if not the first) of an American bank robbery. The robbery occurred in 1798 during an outbreak of yellow fever; because there was no evidence of a break-in, it was assumed to be an inside job and Lyon, a blacksmith who had done some locksmithing for the bank, was arbitrarily accused by the bank managers of masterminding the whole affair. The spectacle of a common tradesman victimized by a powerful business elite under a double standard of justice met with public outrage as the prolonged case turned into a test of democracy. The trial, begun in 1805, arose from an action brought by Lyon in 1801 against his accusers. When the court finally delivered a verdict of $12,000 damages "an universal clamor of exultation took place among the audience, the most numerous the reporter remembers ever to have assembled in that court room." Besides exemplifying the vigor of democratic sentiment in the early republic, the trial also presents a legally interesting case of malicious prosecution and provides a remarkable showcase for luminaries of the Pennsylvania bar: Alexander Dallas and Joseph Hopkinson were counsel for the plaintiff; the defence included Jared Ingersoll, William Rawle, and William Lewis; and Jasper Yeats and Hugh Henry Brackenridge presided. American Imprints 15447. Sabin 42867.
49. MacIver, Robert. THE MODERN STATE. Oxford, Clarendon Press, 1926. 504pp. Orig. cl., lettered in gilt, a very good copy, signed by the author on the flyleaf.
First edition. A major modern contribution to political theory. "MacIver's very important contribution ... is his view of the state as an agency of human purpose ... He will be remembered in the history of western thought for having set forth systematically the fundamental moral, sociological, and philosophical principles of democratic institutions ..."- I.E.S.S. $125.00
Early Scottish criminal law
50. Mackenzie, George. THE LAWS AND CUSTOMES OF SCOTLAND, IN MATTERS CRIMINAL, wherein is to be seen how the civil law, and the law and customs of other nations do agree with, and supply ours. Edinburgh: printed by George Swintoun, 1678. 4to. 8 p.l., including privilege leaf, 581(i.e.583)pp. Title printed in red and black. Contemporary calf, raised bands, minor wear to spine ends, minor rubbing, internally fresh and clean, and overall a very good unrestored copy in original state. $1250.00
First edition, one of three issues with variant imprints. There was a second and final edition in 1699. Mackenzie was King's advocate during the period of the covenanting persecution. Through his relentless pursuit of offenders and bending of the rules, he became known as "Bloody Mackenzie." Nonetheless, he was a serious scholar and prolific writer, and "practically founder of the library of the Faculty of Advocates." (DNB). His treatise on the criminal law of Scotland, one of the first substantial works of its kind in English, is of value for its first-hand observation of actual practice. Quite in contrast with some of Mackenzie's behavior as chief prosecutor, its tone is moderate and circumspect; the chapter on withcraft (pp.80-108,) for example, is skeptical and cautionary; Mackenzie even speaks compassionately-from personal experience-of the innocence of "poor ignorant creatures ... ordinarily accused of this crime." DNB. S&M V, 74. Aldis 2133. NUC lists five holdings for this issue (the Swintoun imprint): DLC, NN, ICN, CtY, PU-L, and six and one respectively for the others. In all, a desireable copy, in good unsophisticated original condition, of a significant contribution to the literature of Scottish criminal law.
51. Macmillan, Anthony. FORMS OF WRITING USED IN SCOTLAND IN THE MOST COMMON CASES; with the principles of the law ... observations on the form of proceedings before inferior courts ... table of fees ... the second edition with considerable additions. Edinburgh, printed for Elphingston Balfour, 1786. xxiii,526pp. With: SUPPLEMENT TO FORMS OF WRITING USED IN SCOTLAND ... Edinburgh, Balfour, 1786. xii,275pp. Two volumes uniformly bound in contemporary reverse calf, double contrasting labels. A fine set throughout. With the ownership signature of Alexander Irvine, prolific early 19th century writer on various aspects of Scottish law (see S&M V). $450.00
Second and best edition, complete with the second, supplementary volume, and rare thus. An important Scottish book of precedents. The first edition (1784) was but a slight, experimental publication. The author calls the present edition a virtually new work. NUC lists both volumes of this edition in a single holding each (ICU and DLC respectively), with no holdings for the first edition. S&M V, 76. $450.00
52. Maine, Henry Sumner. INTERNATIONAL LAW. A series of lectures delivered before the University of Cambridge 1887. London, Murray, 1888. 4 p.l., 234pp., plus publ. ads. Orig. publ. cloth, a little age darkened, still a fine copy. $150.00
First edition. Maine's final work, published posthumously, months after his death, under the editorial supervision of Sir Frederick Pollock and Frederic Harrison. In 1887 Maine was appointed Whewell professor of international law at Cambridge. He lectured on the origin and growth of international law, and, as stipulated by the founder of the professorship, on the means by which war might be averted. That aspect is reflected here in a final chapter devoted to arbitration. DNB.
53. Maitland, Frederic William. DOMESDAY BOOK AND BEYOND: three essays in the early history of England. Cambridge, University Press, 1897. xiv, 527,(1)p. Orig. publ. cloth gilt, neatly and suitably rebacked in cloth, new label. First edition. $125.00
54. Maitland, Frederick William and Mary Bateson, editors. THE CHARTERS OF THE BOROUGH OF CAMBRIDGE. Edited for the Council of the Borough of Cambridge and the Cambridge Antiquarian Society. Cambridge, University Press, 1901. xxxvii,209pp., frontis. Orig. cloth gilt. A fine copy. First edition. With a 30-page introduction by Maitland. $100.00
55. Montagu, (Edward Wortley) REFLECTIONS ON THE RISE AND FALL OF THE ANTIENT REPUBLICS. Adapted to the present state of Great Britain. London, A. Millar, 1759. 3p.l., 384p. Half-title present. Errata slip at end. Contemporary calf, spine richly gilt, raised bands. A fine copy. $375.00
First edition. A characteristic libertarian work in the Old Whig tradition, warning against the present dangers of faction, excessive wealth and luxury, and a standing army. This was included in James Madison's list of books for the U.S. Congress drawn up in 1783. See Rutland, p.56. "One of the more extraordinary 18th century eccentrics ... in this volume he wrote with some learning and liveliness."- Caroline Robbins, The 18th century Commonwealthman. Studies in the transmission ... of English liberal thought, 1959, p.293f. DNB.
56. Montefiore, Joshua. COMMERCIAL AND NOTARIAL PRECEDENTS: consisting of the most approved forms ... required in transactions of business: with an appendix containing the principles of law relative to bills of exchange, insurance, and shipping ... Phila., James Humphreys, 1803. xvi,350pp., with final ad leaf for the author's Commercial dictionary. Contemp. tree sheep, red lea. label, slight wear to tip of spine. A very nice copy.
First American edition, from the first London of 1802, copyrighted, with an original preface by an unidentified American editor who notes the inclusion of original American forms. A second, highly Americanized edition appeared in 1822, edited by Clement Biddle, who would have been too young at the time to be the editor of this edition. This is one of the first works in English to define the legal status of commercial forms and to describe the work of the notary, and it appears to be the earliest work on these topics to appear in America; much of it relates to insurance. The author, an English Jew of Italian ancestry, was at this time an attorney and notary in London; he later settled in America. Not in Rosenbach. Missed by Marvin. cf.S&M II, 246. AI 4761. A nice copy of a rather scarce book. $450.00
57. Moore, John Bassett. THE COLLECTED PAPERS ... in seven volumes. New Haven, Yale U.P., 1944. 7 vols. Orig. cloth, inconspicuous restoration to a few spines, slight wear to a few extremities. Still a fine set. Complete in uniform binding. First edition. Long presentation to Edgar Moore Church, fellow member of the bar, inscribed and signed by Moore, on the front fly-leaf. Also a friendly 2-page letter to the recipient in which Moore confesses that the completion of his Digest of International Law "nearly exhausted my physical resources." $450.00
58. Moyle, Walter. A SELECT COLLECTION OF TRACTS ... containing I. An essay upon the Roman government. II. Remarks upon Dr. Prideaux ... III. An essay upon the Lacedemonian government. IV. An argument against a standing army. Dublin: printed by A. Rhames for T. Benson, 1728. 231(1)pp. Contemp. panelled calf, leather label (rubbed), wanting front free end paper, minor surface wear to upper cover, still a very good copy. $450.00
First edition, reprinted in 1750. A collection of the most important writings of one of the leading whig political theorists of the day. Moyle was a disciple of Neville, Locke, and Sidney. In company with Molesworth, Molyneux, Toland, Trenchard, et al., he stands as one of the principal contributors to the English libertarian canon. cf. Robbins, Eighteenth Century Commonwealthman, pp.105-7, passim. Moyle's Works appeared in various editions in 1726 and 1727, but this collection is the only one to be published in his native Ireland, the others all being London or Galsgow imprints. Scarce. The NUC lists 3 copies (ICN, CLU-C, IU)
