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

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Mon Jun 14 17:43:34 EDT 2004


Monday, June 14, 2004, 5:42 PM:

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1.                   Admirable Epitome of the Institutes
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 strip 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. This popular epitome of the
Institutes of Justinian was first published in 1679. 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. 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).
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2.              With An Interesting Inheritance Case
Fearne, Charles [1742-1794]. [Shadwell, Thomas Mitchell, Editor]. The
Posthumous Works, Consisting of a Reading On the Statute of
Inrollments, Arguments in the Singular Case of General Stanwix, and a
Collection of Cases and Opinions. London: Printed by A. Strahan, 1797.
ix, [15], 468, [12] pp. Octavo (5" x 8-1/2"). Contemporary three-
quarter vellum over marbled boards, lettering piece to spine. Some
rubbing with minor wear to board edges, light soiling to spine, small
chip to lettering piece, corners bumped. Annotations to one page,
clean tear to a leaf with no loss to text. Occasional light foxing,
interior otherwise fresh. $500.
* Fearne wrote an influential treatise on contingent remainders that
was praised by Kent and Marvin. The present work was collected from
his manuscripts by one of his pupils. Along with cases and opinions,
it contains the reading of the Statute of Inrollments delivered in
1778 in Lyons Inn and the interesting case of General Stanwix.
"Stanwix and his daughter had perished in the same shipwreck, and the
question, as between their representatives, was whether either could
be presumed to be the survivor; the case was compromised; but Fearne
for his own amusement composed these two arguments for the two
claimants.": Butler, preface to the seventh edition of Contingent
Remainders cited in Holdsworth, History of English Law XII:374. OCLC
locates 45 copies. Sweet & Maxwell, A Legal Bibliography of the
British Commonwealth of Nations I:338 (22).
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3.         Renunciation and Rescission in Roman Law
Giphanii, Huberti (Giffen, Hubert van) [1534-1616]. De
Renunciationibus Tractatus Absolutissimus, & a Multis in Foro
Versantibus diu Multumq Desideratissimus. Accesserunt Selectissima
Illustrium Aliquot Academiarum, nec non Aliorum Insignium
Iureconsultorum Germaniae, in hac Renunciationum Materia ad Instantium
Partium Litigantium Reddita Responsa., Singulari Studio & Judicio
Collecta, & in Communem Practicantium Usem Publici Iurisfacta, Quorum
Argumenta & Seriem Pagina Sexta Indicat.
[With]
Dalnerum, Andream (Dalner, Andreas). Tractatus de Variorum Iurium
Renunciationibus; Haud Sine Magno Labore ex Quamplurimis Autoribus
Collectus, Atque in Certa capita Secumdum Methodi Praecepta Accurate
Digestus; Ob Publicamq; Necessitatem & Utilitatem Typis Euulgatus; Cui
Epitome de Represaliis Adiuncta Est.
Frankfurt: Ex Officina Nicolai Hoffmanni, 1608. 293, [18]; 184, 20 pp.
Two works in one, each with title page. Quarto (6" x 7-1/2").
Contemporary vellum, blind frames to boards, raised bands to spine,
clasps lacking. Wear to corners, joints cracked but secure, boards
slightly bowed, pastedowns renewed. Woodcut title-page printer
devices, head-pieces, tail-pieces and decorated initials. Corner
lacking from leaf with no loss to text. Early markings in ink to some
leaves, interior otherwise clean. A nice copy of an uncommon title.
$3,000.
* Two treatises on renunciation and rescission in Roman Law. Giffen
was an important Dutch humanist, philologist, jurist and authority on
Roman law who taught at the universities of Altdorf and Ingolstadt. De
Renunciationibus was first published in 1654. Little is known about
Dalner, an Austrian jurist. OCLC locates one copy. This edition not in
Dekkers. British Museum Catalogue (Compact Edition) 10:637.
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4.               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, with green gilt spine
lettering pieces, blind fillets to spine and boards. Minor scuffs and
rubbing. Woodcut title-page device, head-pieces and tail-pieces.
Interior quite fresh and bright. An extremely handsome 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
propose the separation of powers, an idea adopted lasted in the United
States 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.
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5.                           1794 Clerk's Manual
[Spencer, Thomas, Editor]. The New Vade Mecum; or Young Clerk's
Magazine: Digested and Improved to Correspond with the Laws of the
State of New-York in Particular, and the United States in General:
Containing a Variety of the Most Useful Precedents, Adapted to Almost
Every Transaction in Life; Such as Articles of Agreement, Awards,
Bonds, Conditions, Recognizances, Letters and Warrants of Attorney,
Covenants, Releases, Indentures, Charter-Parties, Copartnerships,
Bargain, and sales, Gifts, Grants, Exchanges, Leases, Mortgages,
Assignments, Defeasances, Surrenders, Uses, Trusts, Conveyances by
Lease and Release, Feoffments, Jointures, Marriage Settlements, Wills
and Codicils, Levying of Fines, &c. &c. &c. To Which is Added a
Collection of Forms of Writs, &c. Most Common in Use in the Supreme
Court of the State of New-York. Lansingburgh: Printed by Silvester
Tiffany for Tho's Spencer, 1794. 346 pp. (pp. 289-336 incorrectly
numbered pp. 299-346). 12mo. (4" x 6"). Contemporary calf. Rubbing to
board edges and joints, chipping to corners, minor worming to spine
and pastedowns, hinges cracked but secure. Early bookplate to front
pastedown. Some dampstaining and foxing, interior otherwise clean. A
sound copy. $300.
* First edition. The preface states that this manual is based on the
British Young Clerk's Magazine with modifications for American use.
Catalogue of the Library of the Harvard Law School (1909) II:638.
Sabin, A Dictionary of Books Relating to America 89384. Cohen,
Bibliography of Early American Law 8002.
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