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

[The Lawbook Exchange, Ltd.]

Monday, June 28, 2004, 4:14 PM:

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1.            Classic English Treatise on Maritime Law
[Abbott], Charles, Lord Tenterden [1762-1832]. A Treatise of the Law
Relative to Merchant Ships and Seamen. Fourteenth Edition. By James
Perronet Aspinall, Butler Aspinall, and Hubert Stuart Moore. London:
Shaw & Sons, 1901. Octavo (6" x 9-1/2"). cii, 1356, 88 pp.
Contemporary three-quarter calf over cloth, lettering piece to spine.
Some wear to joints, front hinge cracked but secure, rear board
expertly reattached. Signature to front pastedown, interior otherwise
clean. Handsome. $300.
* Fourteenth edition, thoroughly revised with side notes. Sections
from the final edition by Tenterden (the fifth) are enclosed in
brackets with reference to the original page numbers. "This book is a
legal classic of high character, and is frequently cited upon
questions of commercial law not altered by statute. It is equally
distinguished for practical good sense, and for extensive and accurate
learning, remarkably compressed, and appropriately applied. James Kent
made it the basis of the forty-seventh lecture of his Commentaries
upon American Law.": Marvin, Legal Bibliography (1847) 47 (citing an
earlier edition). Catalogue of the Library of the Law School of
Harvard University (1909) II:721-722.
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2.                The First English Book on Evidence
Gilbert, Sir Geoffrey [1674-1726]. The Law of Evidence. Corrected;
With Many Additions; And a Complete Table to the Whole. London,
Printed: Philadelphia: Re-Printed and Sold by Joseph Cruikshank, 1788.
iv, 286, [76] pp. Octavo (5" x 8"). Recent period-style quarter calf
over cloth, raised bands, lettering piece, endpapers renewed.
Occasional light foxing, interior otherwise clean. Appealing. $750.
* Fifth edition, a reprint of the fourth London edition, 1777. Despite
its designation, this is actually the first American edition. The
first book devoted to the subject of evidence, "[i]t long held its
place as the chief book on this topic; and Blackstone is loud in its
praises" (Holdsworth). Indeed, Blackstone thought so highly of this
work that he apologized for not treating the subject of evidence at
length "because of the fulness and excellence of...Gilbert's treatise,
a work which it is impossible to abstract or abridge, without losing
some beauty and destroying the chain of the whole.": Blackstone,
Commentaries on the Laws of England III:367. Holdsworth, Sources and
Literature of English Law 120. Cohen, Bibliography of Early American
Law 5055.
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3.      Well-Preserved Copy of Maitland's Township and Borough
Maitland, Frederic William [1850-1906]. Township and Borough Being the
Ford Lectures Delivered in the University of Oxford in the October
Term of 1897. Together with an Appendix of Notes Relating to the
History of the Town of Cambridge. Cambridge: At The University Press,
1898. ix, 220 pp. Fold-out illustrations and maps. ix, 220 pp.
Original cloth, very light shelfwear, internally pristine. $125.
* First edition. "[T]he book is a comment or study upon the points
raised or raiseable in the case of the Mayor, Bailiffs, and Burgesses
of the Borough of Cambridge against the Warden, Fellows, and Scholars
of Merton College in the University of Oxford, at the Guildhall,
London, in Hillary Term, 1803.... Dr. Maitland has been able to start
from the case and give us a little history of the 'borough rights' on
the lands within the boundaries of the vill....The lawyer will find
his account in this ingenious and lively study, and will... allow that
even from a practical point of view it is well to understand as much
as one can of the legal and social conditions under which town life in
England has grown up....": F.Y.P., Law Quarterly Review 14:311-314
cited in Marke, A Catalogue of the Law Collection at New York
University (1953) 704.
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4.           With Sections on Slaves and the Slave Trade
Marshall, Samuel [d. 1826]. A Treatise on the Law of Insurance. In
Four Books. I. Of Marine Insurances. II. Of Bottomry and Respondentia.
III. Of Insurance Upon Lives. IV. Of Insurance Against Fire. Boston:
Printed by Manning and Loring for Daniel Johnson [et al.], 1805. Two
volumes in one with continuous pagination. xviii, 759 pp. Octavo (5-
1/2" x 9-1/2"). Contemporary sheep, raised bands, lettering piece,
blind frames to boards. A few minor scuffs, some rubbing with light
wear to joints and corners, front joint just starting near head, upper
corner of front free endpaper lacking. Offsetting to margins of
endleaves, occasional light foxing, faint dampstaining to lower edges
of a few leaves, clean tear to a leaf with no loss. Early owner
signatures to front endleaf and title page, interior otherwise clean.
A nice copy. $600.
* First American edition, from the first English edition, 1802. With
forms. Although Marshall designed his treatise for merchants and
lawyers, it is essentially a lawyer's book. Marshall emphasizes marine
insurance. In addition to the usual subjects, this treatise has
interesting sections concerning slaves and the slave trade. "The
outlines of the history of the different kinds of insurance are
correctly related. The cases are stated carefully and there is some
acute criticism of the reasoning in some of them.": Holdsworth,
History of English Law XIII:484. Marvin, Legal Bibliography (1847)
500. Cohen, Bibliography of Early American Law 7066.
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5.          Montefiore's Fascinating Commercial Dictionary
Montefiore, Joshua [1762-1843]. A Commercial Dictionary: Containing
the Present State of the Mercantile Law, Practice and Custom. With
Very Considerable Additions Relative to the Laws, Usages, and Practice
of the United States. Philadelphia: Printed and Sold by James
Humphreys, 1804. Three volumes. Octavo (5-1/4" x 8-1/2"). Recent
period-style quarter calf over cloth retaining original lettering
pieces, lower lettering piece of Volume III renewed. Early embossed
owner stamps to endleaves. Minor foxing to a few leaves, interiors
otherwise remarkably fresh. A handsome copy of a very scarce title.
$5,000.
* First American edition (1804), based on the 1803 London edition with
much new American material added. With a subscriber list that includes
Horace Binney, Alexander James Dallas, Peter S. Duponceau and William
Rawle. Originally intended for merchants, this dictionary is a very
important economic and legal source that offers a wealth of
information about contemporary commercial and maritime law,
international business practices and fascinating descriptions of
commercial ports and their primary imports and exports. Montefiore
also discusses the present state of banks and insurance companies in
the United States, the laws of copyright and letters patent, the
regulation of coastal trade, the funding system and state of the U.S.
national debt and a very interesting memoir on the production and
qualities of Madeira wine. Montefiore was an English solicitor who
emigrated to the United States after the War of 1812. He published
several other works on commercial law. Sabin, A Dictionary of Books
Relating to America 50100. Cohen, Bibliography of Early American Law
2433. Kress Library of Business and Economics Catalogue 4827. Marvin,
Legal Bibliography (1847) 525.
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6. Early English Edition of Pufendorf with Interesting Provenance
Pufendorf, Samuel von [1632-1694]. [Kennet(t), Basil (1674-1715),
Translator and Editor]. [Barbeyrac, Jean (1674-1744)]. The Law of
Nature and Nations: Or, A General System of the Most Important
Principles of Morality, Jurisprudence, and Politics. In Eight Books.
Written in Latin by the Baron Pufendorf. Done Into English by Basil
Kennet. To Which is Prefix'd M. Barbeyrac's Prefatory Discourse,
Containing an Historical and Critical Account of the Science of
Morality, and the Progress It has Made in the World, From the Earliest
Times Down to the Publication of This Work. Done Into English by Mr.
Carew. To Which is Added All the Large Notes of M. Barbeyrac,
Translated From His Fourth and Last Edition: Together with Large
Tables to the Whole. Carefully Corrected. London: Printed for J. and
J. Bonwicke, R. Ware, [et. al.], 1749. [xviii], 75, 883, [22] pp.
Folio (9-1/2" x 14-1/2"). Later calf, gilt double frames to boards,
gilt-edged raised bands, lettering piece, rouged edges. Some rubbing
with wear to corners and spine ends, a few faint stains, boards loose
but holding. "Presented to Rufus H. King/ by J.M. Donnelly" to front
free endpaper in fine hand. Light browning to sections of text,
internally clean.  $1,500.
* Fifth English edition. In 1662 Samuel Pufendorf was appointed to the
first modern professorship in natural law (at the University of
Heidelberg). In 1670 he became professor of natural law at the
University of Lund in Sweden. De Jure Naturae et Gentium is his
principal work and a landmark in the history of natural and
international law. First published in 1672, it proposed a thorough
system of private, public, and international law based on natural law.
Beginning with a consideration of fundamental legal ideas and their
various divisions, Pufendorf proceeds to a discussion of the validity
of customs, the doctrines of necessity and innate human reason. It is
significant in part because it develops principles introduced by
Grotius and Hobbes. Unlike Hobbes, Pufendorf argued that peace, not
war, was the state of nature, and he proposed that international law
was not restricted to Christendom.
  According to an inscription on the front free endpaper, this copy
was presented to Rufus H. King [1755-1827]. A delegate to the
Constitutional Convention from Massachusetts, he later moved to New
York. He was Attorney General for the state and served two terms in
the U.S. Senate. He was also minister to Great Britain and a
Federalist candidate for Vice President in 1804 and 1808. Sweet &
Maxwell, A Legal Bibliography of the British Commonwealth of Nations
I:597 (72).
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