[Rarebooks] A Selection of Lawbook Exchange Titles (With Digital Images)

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1.                First Edition, London, 1759
[Franklin, Benjamin [1706-1790], Attributed to]. [Jackson, Richard].
An Historical Review of the Constitution and Government of
Pennsylvania, From Its Origin; So Far as Regards the Several Points of
Controversy, Which Have, from Time to Time, Arisen Between The Several
Governors of that Province, and Their Several Assemblies. Founded on
Authentic Documents. London: R. Griffiths, 1759. viii, [18], 444 pp.
Octavo (5" x 8") Contemporary speckled calf, rebacked in period style
with raised bands and lettering piece, maroon lettering piece. Some
rubbing to boards with wear to corners and edges. Hinges cracked but
secure, first and final gatherings detached, lower corner lacking from
a leaf with no loss to text. Negligible worming to bottom edges of a
few leaves. Early owner signature to front free endpaper, browning and
some chipping to edges of endleaves, interior otherwise fresh. $800.
* First edition. A skillful argument for the rights of the
Pennsylvania Assembly over those of the proprietary government. The
idea for this book originated with Franklin, who was sent to London by
the Assembly in 1757 to represent the colony in a tax dispute with the
Proprietors (descendants of William Penn living in Great Britain).
Franklin was believed to be its author for many years. He denied the
attribution, however, in a letter to David Hume. Though Franklin
certainly provided much of its material, the actual author was Richard
Jackson, his co-agent in London. Winegrad and Pegler, The Intellectual
World of Benjamin Franklin 70. Howes, U.S.iana, 1650-1950 (2nd ed.) P-
204. Sabin, A Dictionary of Books Relating to America 25512, 25513.
Ford, Bibliography of Benjamin Franklin 253.
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2.      Well-Preserved Copy of Jacob's Treatise on Real Property
Jacob, Giles [1686-1744]. The Compleat Court-Keeper: Or,
Land-Steward's Assistant: Containing, First, The Nature of Courts Leet
and Courts Baron; With a General 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. See his 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.
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3.                  Interesting Essay on Magna Charta
Johnson, [Reverend] Samuel [1649-1743]. A History and Defence of Magna
Charta Shewing the Manner of Its Being Obtained from King John, With
Its Preservation and Final Establishment in the Succeeding Reigns;
With an Introductory Discourse, Containing a Short Account of the Rise
and Progress of National Freedom, From the Invasion of Caesar to the
Present Times. Also the Liberties Which are Confirmed by the Bill of
Rights, &c. To Which is Added, An Essay on Parliaments, Describing
Their Origin in England, and the Extraordinary Means by Which They
Have Been Lengthened from Half Yearly to Septennial Ones. London:
Printed for J. Bell, 1772. [ii], lxii, 284 pp. Octavo (5-1/2" x 9").
Later quarter cloth with paper spine label and raised bands over
contemporary paper boards, uncut edges. Light soiling to boards, some
wear to corners. Hinges cracked but secure, clean horizontal tear to
fore-edge of a leaf with no loss. Attractive woodcut head and tail-
pieces. Later bookplate to front pastedown, early owner signature to
front free endpaper, text notably fresh. A nice copy. $750.
* Second edition. With an appendix containing the articles on which
the Magna Charta was framed and a French copy of the charter from "the
records of France." Both texts have English translations on facing
pages. The Reverend Johnson was the Rector of Corringham and a staunch
churchman. First published in 1769, this book was influenced by a
perceived erosion of liberties over the past few years and England's
recent "unhappy disputes with the Americans" (xxxix). It argues that
the charter is an affirmation of ancient laws rather than a
reformation and traces the origins of the Civil War to the
unwillingness of Charles I to acknowledge the legitimacy of the
Petition of Rights presented by the House of Commons on 1628. Johnson
also discusses the Bill of Rights issued after the Glorious Revolution
and the Petition of the Freeholders of Middlesex. British Museum
Catalogue (Compact Edition) 13:650.
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4.   Jurisprudence Treatise by Author Ranked with St. Thomas Aquinas
Lugo, Juan de [1583-1660]. Disputationum Iustitia et Iure: Hoc est, de
Rerum Dominio, de Obligatione Praelati Regularis Circa Paupertatem, an
Beneficiarii, Sint Domini Suorum Redituum, de Filiis-Familias, Quarum
Rerum Dominium Habeant, de Modo Acquirendi Rerum Dominia, de Iniuriis,
de Restitutione tam Bonorum Fortunae, Quam Honoris, Famae, &c. de
Causis Excusantibus a Restitutione. Editio Novissima, a Mendis
Expurgata. Lyons: Sumptib. Philippi Borde, Laurentii Arnaud, & Claudii
Rigaud, 1652. Two volumes bound as one, each with title page and
index. Folio (8-1/2" x 14"). Contemporary polished calf, rebacked in
period style retaining lettering piece. A few scuffs and gouges to
boards, wear to board edges and corners, front hinge starting, front
free endpaper partially detached. Title pages with attractive
copperplate armorial vignettes printed in red and black, equally
attractive woodcut head-pieces, tail-pieces and decorated initials.
Signatures to half-title and Volume I title page in fine early hand.
Occasional light foxing and dampstaining, interior otherwise fresh. An
impressive volume. $2,500.
* Lugo, a Spanish Jesuit, studied law and theology at the University
of Salamanca and became a professor of philosophy and theology. His
eminence eventually led to an appointment at the Jesuit University in
Rome. When Disputationum Iustitia et Iure was about to be published in
1642 his superiors asked him to dedicate it to Urban VIII. The pope
was so impressed by this work that he frequently consulted Lugo. In
1643 he made him a cardinal. Lugo is one of the best representatives
of the theological revival of the sixteenth and seventeenth centuries.
In several problems he formed a system of his own, and owing to the
thorough discussion of the question at issue, his opinion is always to
be taken into account. In moral theology he put an end, as Ballerini
remarks, to several disputed questions. St. Alphonsus de Ligouri did
not hesitate to rank him immediately after St. Thomas Aquinas.
Disputationum Iustitia et Iure blends his theological expertise with
his training in the neo-scholastic traditions of the Salamanca law
school. Like his other works, it is distinguished by a penetrating
critical mind, a moral emphasis, a fondness for subtleties and sound
judgment. It is a treatise of jurisprudence that lays a particular
emphasis on moral virtue. It addresses the rights of property,
personal injuries, punishment, self-defense and contracts. Lugo also
offers some interesting thoughts on exchanges and finds exceptions to
the church's prohibition of usury. OCLC locates eleven copies, four of
this edition. The Catholic Encyclopedia (online version). Not in The
Canon Law Collection of the Library of Congress. This edition not in
the British Museum Catalogue.
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5.                     Deluxe Limited Edition
Oldroyd, Osborn H. The Assassination of Abraham Lincoln: Flight,
Pursuit, Capture, and Punishment of the Conspirators. With an
Introduction by T.M. Harris. Washington, D.C.: O.H. Oldroyd, 1921.
xviii, 305 pp. Frontispiece with tissue overlay. Illustrations. Map.
Quarto (10" x 12"). Three quarter morocco over marbled boards, raised
bands, gilt title and ornaments to compartments, marbled endpapers.
Moderate wear to board edges, spine ends and bands. Yellowing and wear
to tissue overlay, partial split between front free endpaper and
following leaf, clean tear to fore-edge of a leaf with no loss to
text. Internally pristine. An impressive volume. $500.
* From a limited edition of 50 with a limitation signed by the author,
this number 10. Printed on heavy wide-margined paper. This
authoritative history of the assassination draws on items in the
author's "Oldroyd Lincoln Memorial Collection," which is housed at the
house where Lincoln died.
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6.   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 paneled 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 descent 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.
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7.         A Rosetta Stone for Early English Legal Documents
Wright, Andrew. Court-Hand Restored or, The Student's Assistant in
Reading Old Deeds, Charters, Records, etc....Describing the Old Law
Hands, With Their Contractions and Abbreviations. With an Appendix
Containing the Ancient Names of Places in Great Britain and Ireland;
An Alphabetical Table of Ancient Surnames; and a Glossography of Latin
Words Found in the Works of the Most Eminent Lawyers, and Other
Ancient Writings, but Not in Any Modern Dictionaries... London: John
Camden Hotten, 1867. xiv, 62 pp, twenty-three copperplate engravings.
eight-page publisher catalogue tipped in to rear endleaf, red and
black title page. Quarto (8" x 10"). Quarter-morocco over paper
boards. Marbled endpapers, top edges gilt. Moderate rubbing with some
wear to extremities, text block split between pp iv and v. Early owner
signature to head of title page, occasional light foxing, interior
otherwise clean. $175.
* Eighth edition. Law-French and Latin were falling out of use by the
time they were finally abolished by statute in 1733. These languages
and their conventions had become esoteric by the time Wright's volume
appeared. It was thus intended to be a kind of Rosetta stone for the
contemporary barrister and scholar. This well-illustrated reference
went through ten editions by 1912. Marke, A Catalogue of the Law
Collection at New York University (1953) 1211. Catalogue of the
Library of the Harvard Law School (1909) II:964.
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Michael von der Linn
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