Catalogue 251
Page Three
Page 1: A - C
59. Neville, Henry. PLATO REDIVIVUS, OR A DIALOGUE CONCERNING GOVERNMENT ... the fourth edition. London, Millar, 1763. 284pp. Bound with: Neville. The Parliament of Ladies ... London, Cadell, 1768. 23pp. Bound with: Neville. The Isle of Pines ... London, Cadell, 1768. 19pp. Contemporary calf, leather label, joints a little worn but firm. $650.00Important editions of three of Neville's works, all edited by Thomas Hollis. Plato redivivus, first published in 1681, is a continuation of the political thought of James Harrington and is in itself one of the canonic texts in the Whig libertarian tradition. Here it consists of the sheets of a 1743 edition pubilshed by Dodsley, to which Hollis has added a ten-page life of Neville, the whole being reissued by Millar in 1768 with a cancel title. In this copy the cancelled Dodsley title page is preserved as well. Bound with this (which is by no means always the case) are two small works by Neville, each preprared by Hollis for issue separately in small editions. In that form they are very scarce, making this assemblage of all three works particularly valuable. Robbins, pp.32-41. Bond, Hollis, p.88.
60. (Piracy Trial) Gibert, Pedro et al., defendants. A REPORT OF THE TRIAL OF PEDRO GIBERT, BERNARDO DE SOTO (and many others) before the United States Circuit Court on an indictment charging them with the commission of an act of Piracy on board the Brig Mexican of Salem ... by a congressional stenographer. Boston, Russell, Odiorne & Metcalf, 1834. 80pp. Neatly disbound. A very good copy. $450.00
First edition of this full account of an important trial involving the slave trade and presided over by Joseph Story. The so-called "twelve Spanish pirates" were in fact the crew of the Panda, a ship out of Havana illegally engaged in the African slave trade. Subsequent to their piratical attack on the American Brig Mexican on a voyage from Salem to Rio de Janeiro, the Panda was boarded off the coast of Africa by a British patrol and the Spaniards were remanded to the U.S. authorities. Seven of the prisoners were found guilty of piracy and murder and were executed; five, including a "negro cook" and an "Indian," were acquitted. Much of the testimony concerns the slave trade, and Story's charge includes a sharp rebuke to the suggestion made by the defense counsel that the Constitution countenanced the slave trade. Story also clarifies points of law regarding murder at sea, accessories, international jurisdiction, extradition, and evidence. This is the best account of this rather sensational trial; American Imprints notes a third edition in the same year. There were other versions as well, but those are slighter. The text here is very detailed as to both the events and the trial. Sabin 69915. AI 24611 (5 copies).
61. Pollock, Frederick. A FIRST BOOK OF JURISPRUDENCE, for students of the common law. London, Macmillan, 1896. xvi, 348pp., 4pp. publ. ads. Orig. publ. cl. gilt. Occasional pencil lines in margin, else fine. First edition, second printing. S&M II, 284. $50.00
62. THE PRACTICK PART OF THE LAW: SHEWING THE OFFICE OF AN ATTORNEY AND A GUIDE FOR SOLICITORS, in the courts of the Chancery, King's-Bench, Common Pleas, and Exchequer ... to which is added the practice of the Courts in the City of London, Court of Admiralty, Ecclesiastical Courts, and other inferiour courts ... Carefully revised, corrected, and much enlarged ... London, printed for Henry Twyford, 1676. 4 p.l., incl. privilege leaf, 480, 95,(1-errata), (14-index)pp. + final blank. Contemp. calf, spine lettered in early ms.; crown of spine worn, otherwise a very good copy. $650.00
An important, highly successful practice book designed for the attorney rather than the barrister. This work stands apart from the large practical literature of the period in that it is organized around specific courts rather than topics or rules of practice. There were some 15 editions between 1652 and 1724. This, the penultimate one under this title, is clearly a new revised edition, as stated on the title page and in the epistle to the reader: its errata leaf indicates substantial resetting of the text, the privilege leaf is dated 1675, and it is a larger work than the preceding edition of 1666. Holdsworth, H.E.L. p.437, gives it special notice. S&M I, 276. The NUC lists 2 holdings (FU, MH-L), and only one or two holdings each for a dozen other editions.
The first comprehensive English work on criminal law
63. Pulton, Ferdinando. DE PACE REGIS ET REGNI. viz. A treatise declaring which be the great and generall offences of the realme ... as treasons, homicides, and felonies, menaces, assaults, batteries, ryots, routs, unlawfull assemblies ... forgeries (etc.) ... collected out of the reports of the common lawes of this realme, and of the statutes ... and out of the painefull works of ... Fitzharbert (sic) ...(Brooke, Stanford, Dyer, Coke, etc.). London: printed for the Company of Stationers, 1615. Folio in sixes. 5 unnumbered leaves, 243 folios, 17 unnumbered leaves, (?)integral final blank. Woodcut headpieces. Printed in black letter. A handsome copy, internally clean and fresh, bound in contemporary calf, covers ruled in blind; attractively and appropriately rebacked with raised bands gilt, leather label. $1250.00
The first truly comprehensive and up-to-date work on criminal law written in the English language, the only other English work exclusively devoted to criminal law up to this time being Staunford's Pleas of the Crown, published posthumously in 1560. This is the third of four editions (the first appeared in 1609, the last in 1623) and is the last edition to be published in the author's lifetime. Based on the Common Law Reports, statutes, and the standard general treatises of the period, Pulton's exhaustive treatment when compared with Staunford's work "enables us to appreciate the effect of the additions to the criminal law made during the sixteenth century ..."-Holdsworth, H.E.L. V, 392f. S&M I, 365. STC 20497. NUC lists 7 copies.
Two treatises on marriage and family law
64. Renusson, Philippe de. TRAITE DU DOUAIRE, ET DE LA GARDE-NOBLE ET BOURGEOISE, QU'ON APPELLE BAIL EN PLUSIEURS COUSTUMES. Paris, Par la Compagnie des Libraires, 1724. 4to. Two volumes in one: 5 p.l., 343,(12); 4 p.l., 210, (12)pp. A fine and very attractive copy, bound in contemporary speckled calf, spine richly gilt in compartments, raised bands, leather label (headband a trifle worn.)
First (?) posthumous edition, preceded by the original edition of 1699, the year of the author's death. An important treatise on dowry, accompanied by a separate treatise on the guardianship of property belonging to minors. Philippe de Renusson (1632-1699), was an outstanding legal scholar and a prolific author, who descended from a distinguished family of lawyers. His collected works were issued in 1760. The present work is uncommon in all editions; NUC lists DLC only for this edition, cites a microfilm copy only of the 1699 edition, and lists a 1743 edition in two holdings (NN, MH-L.) No edition listed in the BLC. Camus 1527, lists 1743 only. cf.Hoefer (Nouv. Biog. Gen.) vol. 42 for Renusson. $500.00
65. Roberts, Rufus Putnam, S.J. MATRIMONIAL LEGISLATION IN LATIN AND ORIENTAL CANON LAW. A comparative study. Westminster, Md., Newman Press, 1961. 110pp. Orig. cl., d.j. Fine. First edition. $45.00
66. (Mexico. Laws, Statutes.) Rodriguez de San Miguel, Juan Nepomuceno. PANDECTAS HISPANO-MEGICANAS, O SEA CODIGO GENERAL COMPRENSIVO DE LAS LEYES GENERALES ... de las Siete Partidas, Recopilacion novisima, la de Indias, Autos y Providencias conocidas por de Montemayor ... Cedulas posteriores hasta el ano de 1820 ... Megico: Mariano Galvan Rivera, 1839-1840. Three volumes, folio. Contemp. calf gilt, some rubbing and scuffing but still a very good sound set without further wear; contents fine.
First edition of a magisterial digest of Mexican law. There were also editions in 1852 and 1856. The first is uncommon. NUC lists 4 holdings: DLC, CU-Banc, NNC, TxU-L. cf.Sabin 58417 (second edition only). $1000.00
67. Roper, R.S. Donnison. A TREATISE ON THE LAW OF PROPERTY ARISING FROM THE RELATION BETWEEN HUSBAND AND WIFE. N.Y., Stephen Gould & Son, 1824. 2 vols. Contemp. sheep, leather labels. A fine set. $250.00
First American edition, from the first London of 1820. A durable treatise for half a century, continued in England by J.E. Bright. S&M I, 306. Marvin p.619. H.E.L. XIII, 490.
Grotius answered
68. Selden, John. MARE CLAUSUM SEU DE DOMINIO MARIS. Libro duo. Primo, Mare, ex jure naturae seu gentium ... Secundo, Serrenissimum Magnae Britanniae regem maris circumflui ... London: Will. Stanesbeius pro Richardo Meighen, 1635. Folio. (26)304(12)pp. + leaf of errata. Two engraved maps (within text), woodcut illustrations in text. Title printed in red and black. A very handsome copy in contemporary speckled calf, raised bands, leather label-virtually faultless, in fine, fresh condition. With the 18th century bookplate of the Earl of Guilford; contemporary ownership signature of "Dudley North" and the price "7s 6d" inscribed on the title page. Housed in a fine 1/4 morocco slip case. $3000.00
One of the nicest copies imaginable of a late STC book. Selden's Mare Clausum is an important book, and though not uncommon, it is undoubtedly rare in this condition. This copy belonged to Dudley North, 4th Baron North (1602-1677) who entered Parliament in 1640. See DNB.
A full exposition of the claims of England to the sovereignty of the seas written in response to Grotius's Mare librum, the Mare clausum is the first great clarion call of British maritime supremacy delivered within the framework of international law. It also has the distinction of being the first major British treatise on international law. S&M I, 514-5. STC 22175. A superb copy, with a nice association, of a consequential treatise.
69. Simms, Henry H. LIFE OF JOHN TAYLOR: the story of a brilliant leader in the early Virginia State Rights School. Richmond, William Byrd Press, 1932. 234pp., portrait. Original cloth, fine. First edition. Inscribed presentation signed by the author. $75.00
70. THE SOBER WHIG: AN ESSAY. Edinburgh: printed in the year, MDCCXXV (1725). Price Two Pence. 22pp. Title within ornamental border, with printer's device. Neatly disbound. $375.00
Sole edition. Not listed in NUC, BLC, the Kress Catalogue, Goldsmiths', or Hanson. ESCT (1990) lists five copies in Great Britain and two in North America (CLU-C, MH-BA). A defense of the British constitution, the present state of the British government, and in particular the recent malt tax, which Scottish public opinion held to be oppressive. Conciliatory towards England and critical of excessive Scottish nationalism.
71. Sprague, Henry H. WOMEN UNDER THE LAW OF MASSACHUESTTS: their rights, privileges, and disabilites. Boston, Clarke, 1884. 70pp. Orig. cl. First edition. Technical and matter-of-fact but also interpretive. $65.00
72. Stewart, Charles. A TREATISE ON THE LAW OF SCOTLAND RELATING TO RIGHTS OF FISHING. Comprising the law affecting sea fishing, salmon fishing, trout fishing, oyster & mussel fishing ... With an appendix of statutes and bye-laws. Edinburgh: T. & T. Clark, 1869. 472pp., 16pp. adverts. Original publisher's cloth, paper label. A fine copy. $250.00
First edition. An exhaustive treatise. There was also an 1892 edition. NUC locates four copies: DLC, GU-L, CtY, MH. S&M V, 118. From the Hirsel Library of Lord Home with his signature.
Edward Everett's copy--presented to the California Mining Company
73. Story, Joseph. COMMENTARIES ON THE CONSTITUTION OF THE UNITED STATES ... abridged by the author, for the use of colleges and high schools. Boston, Hilliard, Gray; Cambridge, Brown, Shattuck, 1833. xliii,736pp. Some moderate dampstaing at rear. Contemp. sheep, neat small shelf numerals inked in gilt at foot of spine. A very good, sound copy. With the bookplate of Edward Everett, presented, apparently in his hand, "to the library of the California Mining Company." $375.00
First edition of Story's own abridgement, published the same year as the original three-volume work. As Marvin notes (p.670), this landmark in American legal thought reached much of the American and international public through the abridgement; the French translation, for example, is based on this text.
Law as a university subject
74. Sullivan, Francis Stoughton. LECTURES ON THE CONSTITUTION AND LAWS OF ENGLAND: with a commentary on Magna Charta, and illustrations of many of the English statutes ... to which authorities are added, and a discourse is prefixed, concerning the laws and government of England. By Gilbert Stuart, LL.D. First American edition. Portland, (Me.) Thomas B. Wait, 1805. 2 vols. 8vo. Contemp. sheep, leather labels, in fine, virtually faultless condition. An exceptional set, considering the usual fate of these sheep bindings. $350.00
First American edition, from the second London. One of the best 18th century works on the evolution of the English constitution and laws, and a pioneering effort, along with Blackstone and Woodeson, to promote the study of English jurisprudence as part of the liberal arts curriculum in the universities. Sullivan, a professor of common law at the University of Dublin, followed the example of Blackstone's Commentaries, but designed these lectures, first given in 1770 and published in 1772, for less advanced students. They are arranged historically with emphasis on feudal origins. "They are clearly written and give students a good introduction to the study both of the law of real property and of Constitutional law."- H.E.L. XII, 342f. Marvin p.678, commending the work. S&M I, 108. DNB for Sullivan and Stuart.
75. Thornton, James B. A DIGEST OF THE CONVEYANCING AND REGISTRY LAWS OF ALL THE STATES OF THE UNION; embracing references to the leading decisions ... together with the forms ... preceded by a brief treatise on ... deed and wills ... Philadelphia: T.& J.W. Johnson, 1847. xxviii,(9)-470pp, 4 pp. of testimonials. Contemporary sheep, rubbed but sound. Very good. $275.00
First edition (also a second and final edition in 1854). The author was a Virginia attorney now practicing in Memphis, Tn. Covers inter alia, Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, and, by no means least, Texas (pp.381-88). There is much here relating to the legal status of women in each state. A valuable source and not a common book.
76. Thorpe, Francis Newton, compiler. THE FEDERAL AND STATE CONSTITUTIONS, COLONIAL CHARTERS, AND OTHER ORGANIC LAWS OF THE STATES, TERRITORIES, AND COLONIES, now or heretofore forming the United States of America. compiled and edited under the act of Congress of June 30, 1906. Wash., GPO, 1909. Seven vols., complete (4430p). Original 3/4 red morocco. A very good set. First edition. Still a major reference. Reprinted at c.$600.00 $375.00
77. Van Zyl (or Zijl), C.H. THE JUDICIAL PRACTICE OF THE COLONY OF THE CAPE OF GOOD HOPE, and of South Africa generally, with ... practical forms ... Capetown, J.C. Juta, 1893. xvi,674pp. Orig. cloth. Expert inconspicuous restoration to spine, new endpapers. A fine copy. $250.00
First edition. A standard work which reached a 4th edition by 1931. NUC lists MiU-L, NNC-L only. S&M VII, 47.
78. Vanzetti, Bartolomeo. BACKGROUND OF THE PLYMOUTH TRIAL. Chelsea, Mass., Road to Freedom Group, n.d., ca.1923. 38pp. Orig. printed wraps, a bit faded, else a fine copy. First edition. Rare. $150.00
79. Vattel, (Emerich de). THE LAW OF NATIONS: or, principles of the law of nature applied to the conduct and affairs of nations and sovereigns ... Northampton, Simeon Butler, 1820. 560pp. Contemp. sheep, spine ruled in gilt, lea. label, a nice copy. Signature of Cortland van Rensselaer (1808-1860), admitted to the New York bar in 1830. DAB. $200.00
An international classic first published in America in 1787 (N.Y.). It remained an important text in this country, where editions (at least six in the 19th century up to 1840, with others to follow) far outnumbered those in France. New editions continued to appear alongside the publication of Henry Wheaton's texts. Marvin, (p.706) writing in the 1840's, noted that "he is more generally read than any other writer upon the law of nations, and in no country more than ours." AI 4083.
80. Walther, Johann Ludolf (d.1752). LEXICON DIPLOMATICUM, abbreviationes, syllabarum, et vocum in diplomatibus et codicibus a seculo VIII. ad XVI ... iunctis alphabetis et scripturae speciminibus integris ... cum praefatione Ioannis Henrici Iungii ... Ulmae, Sumptibus Gaumianis, 1756. Folio. 13 p.l., ccxxvpp. (numbered tables); 1 leaf; (38)pp. (index); xxviiipp. (numbered facsimiles, four folding). Engraved throughout including several vignettes. Contemporary sheep gilt, raised bands, leather label (partially worn), some minor rubbing and scuffing, still a very good, unrestored binding; contents fine. $750.00
An important text devoted to palaeography and diplomatics - the reading of early official documents and charters. This is the final appearance of the text, being the third issue of the second edition (the first edition was published in 1745, and this edition in 1747, with re-issues in 1752 and 1756). Following several introductory sections (the first of which is original to this issue), the main body of the work consists of 225 pages of engraved tables containing words, their abbreviations, their equivalents in early English script, and their dates of usage, arranged alphabetically in double column. This is followed by an alphabetical index (denoted "Part Two," with separate title page,) and a final section containing facsimiles of complete dated documents with modern transliteration (including several devoted to musical notation). Walther was official archivist to King George II of England. NUC lists 5 copies of this third issue of the second edition (also 1 copy of the first issue, no copy of the second, and 3 copies of the first edition).
81. (Canadian Maritimes). Whelan, Edward, compiler. THE UNION OF THE BRITISH PROVINCES. A brief account of the several conferences held in the maritime provinces and in Canada, in September and October, 1864, on the proposed confederation of the provinces, together with a report of the speeches delivered by the delegates ... compiled by ... Charlottetown, Prince Edward Island, printed by G.T. Haszard, 1865. viii,231pp. Later 3/4 calf, a fine copy. $450.00
First edition. A valuable documentation of the movement towards a confederation of the Canadian Maritime Provinces. This account was sufficiently important to merit a reprint, with portraits, in 1927 and 1949. Included are reports of meetings held in P.E.I., Nova Scotia, New Brunswick, Montreal, Ottawa, and Toronto. TPL 4460.
Virtually unrecorded; printed and bound in Guiana
82. Whinfield, Charles R. (compiler). A MANUAL FOR JUSTICES OF THE PEACE OF BRITISH GUIANA, explanatory of their duties out of sessions, and the jurisdiction of the inferior courts of justice of the colony; comprising also the necessary forms. Compiled by Charles R. Whinfield, Esq. Sheriff of Berrbice. Berbice: George Allanson M'Kidd, publisher, New-Amsterdam, 1845. 4to. Title leaf, (4)(viii),158(13)pp. with the blank leaf preceding the appendix. Original full polished calf with ornamental border scrolled in blind, front cover lettered in gilt "C.H. Strutt. Stipendiary Magistrate." With Strutt's ownership signature on the front paste-down and the title page, and with (presumably his) occasional ink or pen underlining in the text. Binder's ticket of R. Mackenzie, Robb's Street, Georgetown (i.e. British Guiana). Some minor old scuff marks, a bit of wear along upper joint, withal a very good copy. $2250.00
Sole edition of what appears to be the first work of its kind for British Guiana; with the exception of the single copy found on both RLIN and OCLC (Univesity of Florida at Gainsville), unrecorded in the standard sources. Not listed in the NUC or the BLC under either title or author. Not in Sweet & Maxwell, vol. 7, a perusal of which yields only three earlier legal manuals for British Guiana (a vade mecum of 1825, a mercantile guide for 1842, and executor's guide, 1842). The owner of this copy, Charles Henry Strutt, was appointed justice of the peace for Berbice in 1845 (so stated on p.157); he appears here as signatory to several forms contained in the supplement. Bound in British Guiana by R. Mackenzie of Georgetown, with his ticket; published in Berbice but printed in New Amsterdam. A significant artifact of British colonial rule in South America.
83. Whitby, Daniel. AN HISTORICAL ACCOUNT OF SOME THINGS RELATING TO THE NATURE OF ENGLISH GOVERNMENT, and the conceptions which our fore-fathers had of it ... London, Churchill, 1690. 4to. 3 p.l., 60pp. wanting the half-title. Neatly disbound. $250.00
First edition (also 1698, and later anthologized). A popular anti-papist essay on English government and the contract theory, defending the Glorious Revolution, constitutional monarchy, and the taking of the oath to William and Mary. Legitimacy derives from law and contract; arbitrary power is not entitled to loyalty. "Our kings are political kings who received their power from the people." Wing W-1729.
84. Whiting, William. THE RETURN OF REBELLIOUS STATES TO THE UNION. A letter from Hon. Wm. Whiting to the Union League of Philadelphia. Philadelphia: C. Sherman, Son, & Co., printers, 1864. 15pp. Orig. prtd. wraps. Very good. $85.00
First edition. On questions of constitutional and international law. Whiting, who served as solicitor for the War Department in 1862-63, was the leading authority on the military-legal questions which arose during the Civil War. His book War powers of the President under the Constitution went through 43 editions in 8 years. "A sturdy nationalist, he held that the Constitution of the U.S. gave the Federal government total belligerent rights against the rebellious states."-DAB, suppl. citing this work.
85. Wilson, James. THE WORKS OF ... Edited by Robert Green McCloskey. Cambridge, Harvard, 1967. 2 vols., cl., d.j.'s, fine. First edition thus. With a 50-page introduction and a bibliography of works referred to by Wilson; based on the 1804 text, errata corrected, table of contents added. $100.00
86. Wolff, Hans Julius. ROMAN LAW. An historical introduction. Norman, Univ. of Oklahoma Press, (1951). 260pp. Orig. cl., d.j., v.g. First edition. $35.00
Successor to Blackstone and the Commentaries
87. Wooddeson, Richard. ELEMENTS OF JURISPRUDENCE, treated of in the preliminary part of a course of lectures on the laws of England. London, T. Payne, 1783. 4to. 4 p.l., 3-118pp. Contemporary calf, leather label, front joint cracked but firm; contents fine (light occasional pencil underlining). In all, a very good, attractive copy. $750.00
First and only edition. Wooddeson followed Blackstone as Vinerian professor at Oxford. This prologue to his Vinerian Lectures constitutes an integral work on legal theory, enlarging the scope of Blackstone's Commentaries - as well as his own subsequently published Lectures (i.e.A Systematical view of the laws of England) - with discussions of natural or moral law, comparative institutional law, sovereignty, the law of nations, comparative public law, the laws of England, and the study of the law. These concise but substantial chapters, concentrating on the ethical and theoretical aspects of law, are acknowledged as important supplements to Blackstone and have earned a permanent place in the literature of English jurisprudence. DNB. S&M I, 599, sole edition (but see p.38 for the Lectures which went through several editions). Marvin p.745. H.E.L. XII, 428f. describes each chapter in detail and calls this a very useful book on legal theory.
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