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Democracy in America

Democracy in America

Tocqueville, Alexis de. Henry Reeve (trans.) Tocqueville, Alexis de. Democracy in America. Translated by Henry Reeve, Esq. With an Original Preface and Notes by John C. Spencer. New York: Adlard and Saunders, 1838. Reprint The Legal Classics Library, 1988. xxx, 464 pp. Calf, decorative gilt stamping, raised bands, gilt edges, marbled endpapers, ribbon marker. Bookplate on front pastedown, else fine. $85. * Reprint of the first English-language edition. In 1831, Alexis de Tocqueville [1805-1859] and Gustave de Beaumont [fl.1835] were sent to the United States by the French government to study American prisons, which were renowned for their progressive and humane methods. They were pleased to accept this assignment because they were intrigued by the idea of American democracy. Tocqueville and Beaumont spent nine months in the country, traveling as far west as Michigan and as far south as New Orleans. Throughout the tour, Tocqueville used his social connections to arrange meetings with several prominent and influential thinkers of the day. He recorded his thoughts on the structure of the government and the judicial system, and commented on everyday people and the nation's political culture and social institutions. His observations on slavery, in particular, are impassioned and critical. These notes formed the basis of Democracy in America. This landmark work initiated a dialogue about the nature of democracy and the United States and its people that continues to this day.
  • $85
An Essay on the Law of Bailments. Boston

An Essay on the Law of Bailments. Boston, 1796

Jones, Sir William Boston: Samuel Etheridge, for John West, 1796. First American Edition of Jones on Bailments Jones, Sir William [1746-1794]. An Essay on the Law of Bailments. Boston: From the Press of Samuel Etheridge, for John West, 1796. 178, [1] pp. 12mo. (6-1/2" x 4"). Recent quarter cloth over marbled boards, gilt title and author name to spine, colored (renewed) endpapers. Light browning to interior, occasional light foxing, faint dampstaining to fore-edge of first 70 pp., light soiling to a few leaves, ownership signatures (of Ben Hazard and Sibyl Horne? Amery, the latter dated 1899) to front endleaf, additional signature (Ben Hazard) to head of title page. $150. * First American edition, a reprint of the first London edition, 1781. One of the first significant books to use principles derived from Roman and civil law sources, this influential treatise played an important role in the introduction of their ideas into Anglo-American jurisprudence. Kent admired this work, as did Marvin, who praised its "artistic and scholar-like finish" (Marvin). Sir William Jones was a distinguished Orientalist and a brilliant jurist. A friend of Johnson, Gibbon and Burke, he was a judge of the High Court at Calcutta from 1783 until his death. Marvin, Legal Bibliography 428-429. Hoeflich, Roman & Civil Law and the Development of Anglo-American Jurisprudence 38-39. Cohen, Bibliography of Early American Law 2419.
  • $150
13 Year Books of Henry VI

13 Year Books of Henry VI, Years 1-20

Year Books; Henry VI 13 Year Books of Henry VI, Years 1-20 [Year Books]. Henry VI [1421-1471], King of England. De Termino Michaelis Anno Regni Regis Henrici Sexti Primo. [London: Imprynted.In Fletestrete within Temple barre at the signe of the Hand and starre, by Rychard Tottyl, Anno. 1570]. viii ff. [Bound with] [12 Year Books of Henry VI, Years 2-20]. [London: Richard Tottell, 1567-1574]. Collates complete. Contemporary paneled calf, central blind arabesques, holes for ties or catches at fore-edges, rebacked and recornered in period style with raised bands, blind fillets and lettering piece to spine, endpapers renewed. Light rubbing, scuffing, faint dampstaining and a few small holes to boards, moderate rubbing to board edges, corners bumped and lightly worn, (illegible) ink annotation to fore-edge of text block, hinges cracked, faint offsetting to endpapers, later owner name (William Humfrys) and ink and pencil "4" to front pastedown. Moderate toning to interior, annotations and underlining in ink in a (likely single) early hand to most leaves, very light foxing and soiling in a few places, small holes or missing corners to a few leaves without loss to text or annotations. An impressive collection. $8,500. * It is difficult to overestimate the importance of the Year Books. As a series of notes on debates and points of pleadings in Norman England they are of crucial primary sources for our knowledge of medieval common law. They also provide a richly detailed portrait of contemporary English life, customs and manners. The origin of the Year Books is unknown. Some scholars believe the earliest volumes were notes transcribed by law students for study and for the use of lawyers in later cases while others maintain they were made by lawyers. Though it is not known when the first manuscript volumes were compiled, the cases date from the 1270s to 1535. Printed editions of the Year Books were first issued by William de Machlinia between 1481 and 1482. The present titles belong to the so-called "Quarto Edition." Not a set or edition in the conventional sense, these volumes were issued separately with various dates and impressions between 1522 and 1619. The extensive annotations to our volume, primarily case and statutory citations, indicate detailed review by an early reader and demonstrate the utility of the Year Books to legal schola.
  • $8,500
  • $8,500
Of the Laws of Ecclesiastical Polity. Books I-IV

Of the Laws of Ecclesiastical Polity. Books I-IV

Hooker, Richard Legal Classics Library, 1998. Hooker, Richard. Of the Laws of Ecclesiastical Polity. Books I-IV. London: J. M. Dent & Co, and in New York by E.P. Dutton & Co., [n.d.]. xix, 429 pp. Reprinted 1998 by the Legal Classics Library. Calf, decorative gilt stamping, raised bands, all edges gilt, marbled endpapers, ribbon marker. Bookplate on inside front cover, else fine. $85. * Hooker's best-known work, The Laws, is remembered not only for its stature as a monumental work of Anglican thought, but also for its influence in the development of theology, political theory, and English prose. In political philosophy, Hooker is best remembered for his account of law and the origins of government in Book One of the Politie. Drawing heavily on the legal thought of Thomas Aquinas, Hooker distinguishes seven forms of law: eternal law ("that which God hath eternally purposed himself in all his works to observe"), celestial law (God's law for the angels), nature's law (that part of God's eternal law that governs natural objects), the law of reason (dictates of Right Reason that normatively govern human conduct), human positive law (rules made by human lawmakers for the ordering of a civil society), divine law (rules laid down by God that can only be known by special revelation), and ecclesiastical law (rules for the governance of a church). Like Aristotle, whom he frequently quotes, Hooker believes that humans are naturally inclined to live in society. Governments, he claims, are based on both this natural social instinct and on the express or implied consent of the governed.
  • $85
Le Tierce Part des Reportes del Edward Coke Lattorney Generall.

Le Tierce Part des Reportes del Edward Coke Lattorney Generall.

Coke, Sir Edward [London]: In aedibus Thomae Wight, 1602. First Edition of the Third Part of Coke's Reports Coke, Sir Edward [1552-1634]. Le Tierce Part des Reportes del Edward Coke Lattorney Generall le Roigne, de Diuers Resolutions & Iudgements Donnes auec Graund Deliberation, per les Tresreuerend Iudges, & Sages de la Ley, De Cases et Matters en Ley, Queux ne Fueront Vnques Resolue, Ou Adiudges par Deuant, Et les Raisons et Causes des Dits Resolutions et Iudgements, Durant les Tresheureux Regiment de Tresillustre et Renomes Roigne Elizabeth, Le Fountaine de Tout Iustice, Et la Vie de la Ley. [London]: In aedibus Thomae Wight, 1602. [18] pp., 91 ff. Lacking final leaf, a blank; text complete. Folio (10-1/2" x 7"). Recent calf, blind fillets and lettering piece to spine, endpapers renewed. A few minor scuffs and scratches to boards. Light toning to interior, faint dampstaining to lower corner and right margin not affecting text, very light foxing and soiling to a few leaves, clean tear to bottom-edge of leaf C3 not affecting text, occasional annotations, underlining and manicules in two early hands (most in a single hand). $1,500. * First edition. Contains the cases of the Marquee of Winchester, Heydon, Dowtie, Sir William Harbert, Boraston, Walker, Butler and Baker, Ratcliffe, Boyton, Sir George Browne, Rigewaie, Lincoln College, Pennant, Westbie, Deane and Chap. de Norwich, Fermor, Twine and The Case of Fines. Coke's Reports are not reports in the conventional sense, but highly detailed anthologies of precedents organized according to the cases they consider. In each instance Coke assembled a large body of cases, outlined their arguments, and explained the reasons for the judgment, using it as a basis for a statement of general principles. Taken together, the Reports form the most extensive and detailed treatment of common law pleading that had yet appeared. A work of immense authority, it was often cited as The Reports, there being no need to mention the author's name. The annotations to our copy are brief glosses and case citations. English Short-Title Catalogue S469030.
  • $1,500
  • $1,500
De Criminibus ad Lib XLVII et XLVIII Dig Commentarius
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Liber Quorundam Canonum Disciplinae Ecclesiae Anglicanae, Anno 1571

Final Revisions to the 39 Articles [Church of England]. Liber Quorundam Canonum Disciplinae Ecclesiae Anglicanae. Anno 1571. [London: Printed by John Day, 1571]. 23, [1] pp. Cancel slip affixed to p.21. Quarto (6-3/4" x 5"). Recent three-quarter calf over marbled boards, blind fillets to baords, gilt title, gilt publication date and blind fillets to spine, endpapers renewed. Moderate toning to interior, faint dampstaining to several leaves, mostly to margins, cancel slip partially detached but secure. $1,250. * First Latin printing. The Liber Quorundam of 1571 was the final set of revisions to the 39 Articles of Religion, the doctrinal foundation of the Church of England, U.S. Episcopal Church and the Anglican Church in North America, as well as congregations in the Anglican Communion and Anglican Continuum. Formulated as 10 articles in 1536, this body of laws attained its final form in 1571 under the direction of Queen Elizabeth. The Liber Quorundam concerns Articles 3 (De Episcopis), 5 (De Decanis Ecclesiarum), 8 (De Archidiaconis), 9 (De Cancellariis. &c.), 14 (De Aedituis Ecclesiarum), 19 (De Concionatoribus), 20 (De Residentia), 21 (De Pluralitatibus, De Ludimagistris) and 22 (De Patronis, &c.). The ESTC records three variants of the 1571 issue. They are distinguised by the penultimate paragraph of leaf G3r (p. 21), which is the revised Article 21. Variant 1 is uncorrected. In Variant 2, our copy, the text is covered with a cancel slip adding additional content. Variant 3 has a corrected text. Not in Beale. English Short-Title Catalogue S122549.
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An Introduction to the Knowledge of the Stile of Writs, Simple.

Edinburgh: William Brown and John Mosman, 1727. A Classic Scottish Treatise on Writs, Forms and Other Aspects of Legal Composition Spottiswood, John. An Introduction to the Knowledge of the Stile of Writs, Simple and Compound, Made Use of in Scotland: Containing Directions for Drawing Securities, In Cases Which Most Commonly Occur, With Examples According to the Best Modern Practice. Written for the Use of the Students in Spotiswood's College of Law, And Now Publish'd for the Common Good. With Additions. Edinburgh: Printed by William Brown and John Mosman, 1727. [xxiv], 413, [33] pp. Includes 5-page publisher catalogue. Octavo (6-1/2" x 3-3/4"). Contemporary speckled calf, blind rules to boards, raised bands and lettering piece to spine, blind tooling to board edges. Light rubbing and a few small nicks, scratches and stains to boards, small paper labels to front board and head of spine, moderate rubbing to extremities, corners bumped, front hinge cracked, faint offsetting to endleaves, armorial bookplate (Cuninghame of Lainshaw) to front pastedown, early ownership signature (Alex. Cuningham) to head of title page. Moderate toning to interior, occasional light foxing, light soiling in a few places. $200. * Third edition. Around 1703, Spottiswood established Spottiswood's College of Law to compensate for the lack of a legal curriculum at The University of Edinburgh. Its main textbook was Sir George McKenzie's Institutes. Spottiswood wrote the Stile of Writs (1707), along with another book, The Form of Process (1711), to cover areas that are not treated in detail by Mackenzie. They were, in effect, supplementary textbooks. English Short-Title Catalogue T147577.
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A Collection from The Legal Classics Library of 20 titles in 21 books

[Legal Classics Library]. A Collection of 20 titles, in 21 books. Gryphon Editions. The Legal Classics Library, 1982-2005. All volumes full calf, with all edges gilt, marbled endpapers, and ribbon page markers. Bookplates on front pastedowns, else fine. $500. Titles in this collection: 1. Bentham, Jeremy. An Introduction to the Principles of Morals and Legislation. London, 1780. Reprinted 1986. 2. Kalven, Harry Jr. Zeisel, Hans. The American Jury. Boston, [1966]. Reprinted 1993. 3. Maine, Henry Sumner. Ancient Law. London, 1861. Reprinted 1982. 4. Milton, John. Areopagitica. New York, 1890. Reprinted 1992. 5. Jhering, Rudolph von. The Struggle for Law. Chicago, 1915. Reprinted 1991. 6. Wollstonecraft, Mary. Mill, John Stuart. A Vindication of the Rights of Woman. The Subjection of Women. New York, [1929]. Reprinted 1993. 7. Selden, John. The Table-Talk of John Selden. London, 1847. Reprinted 1989. 8. Burke Select Works; Thoughts on the Present Discontents the Two Speeches on America. Reflections on the Revolution in France. Oxford, [1881]. Reprinted 1990. 9. Locke, John. Two Treatises of Government. London, 1698. Reprinted 1994. 10. Allen, Carleton Kemp. Law in the Making. Oxford, 1927. Reprinted 1992. 11. Mahan, A.T. Armaments and Arbitration. Or the Place of Force in the International Relations of States. New York, 1912. Reprinted 2000. 12. McIlwain, Charles Howard. The American Revolution. A Constitutional Interpretation. New York, 1923. Reprinted 2004. 13. Wellman, Francis L. The Art of Cross-Examination. New York, 1904. Reprinted 1983. 14. The Scopes Trial. Cincinnati, 1925. Reprinted 1984. 15. Freeman, Kathleen. The Murder of Herodes. And Other Trials from the Athenian Law Courts. London, [1946]. Reprinted 1995. 16. Speeches of Lord Erskine Vol I&II. Speeches of Lord Erskine Vol III&IV. 2 volumes. Chicago, 1876. Reprinted 1984. 17. Johns, C.H.W. Babylonian and Assyrian Laws, Contracts and Letters. Edinburgh.
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Laws and Ordinances Ordained and Established by the Mayor, Aldermen.

New York City in 1817 [New York City]. Laws and Ordinances Ordained and Established by the Mayor, Aldermen, And Commonalty of the City of New-York, By Common Council Convened, During the Mayoralty of Jacob Radcliff. To Which is Added, The Law of the State of New-York Relative to the Transportation of Gun-Powder. New York: Printed by T. and J. Swords, 1817. 172 pp. Interleaved. Octavo (8-1/2" x 5"). Contemporary sheep, blind fillets to boards, morocco owner label (John B. Coles) to front board, blind fillets and lettering piece to spine. Light rubbing and a few small scuffs and stains to boards, front board carefully reattached, moderate rubbing to extremities, rear joint just starting at head, corners bumped and lightly worn, front hinge reinforced with tissue, faint offsetting to endleaves, small tear to front endleaf. Light toning to interior, occasional light foxing. An appealing copy. $500. * Only edition. This collection of laws of New York City offers an interesting perspective on a wide range of topics, including gambling, masquerades, trade and commerce, public nuisances, preventing fires, and the firing of guns and transportation of gunpowder. The former owner of our copy was likely John B. Coles [1760-1827], a New York flour merchant who served as a 1st Ward alderman from 1797-1801 and again from 1815-1818. Heavily involved in civic life, Coles was also a director of the Bank of New York and the first president of the Eagle Fire Insurance Company. OCLC locates 9 copies of this title, 2 in law libraries (Harvard, University of Minnesota). Not in Cohen. Shaw & Shoemaker, American Bibliography 41608.
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The Clerk’s Magazine, Or Law-Repository, Containing: A Variety of.

Guidance for Young Clerks [Practitioner in the Law]. The Clerk's Magazine, Or Law-Repository. Containing: A Variety of the Most Useful Precedents [.] With Necessary Directions for Making Distresses for Rent, &c. As the Law Between Landlord and Tenant Now Stands. To Which is Added, The Doctrine of Fines and Recoveries, In Their Forms. Together with Those of Common Writs, Affadavits, Memorials for Registering Deeds, And Assignments of Judgments, Pursuant to the Several Acts of Parliament Made in Ireland. As Also a Choice Collection of Declarations in the King's Bench, Common-Pleas and Exchequer. To this Edition are Added. Several Useful Precedents, And an Appendix Relating to Business in Chancery; The Whole Calculated, And Now Much Enlarged, For the Use of Young Gentlemen of the Law and Others in this Kingdom. Dublin: Printed by and for Oli. Nelson and for S. Cotter, 1759. [xii], 215, [1] pp. 12mo. (6-1/2" x 3-3/4"). Contemporary calf, blind rules to boards, blind ownership stamp (Cooper) to front board, rebacked in period style with raised bands, blind fillets, lettering piece and blind ornaments to spine, blind tooling to board edges, hinges mended, rear pastedown renewed. Light rubbing and a few minor scuffs, scratches and stains to boards, moderate rubbing to board edges and head of spine, corners bumped and lightly worn, early annotation (a form for "Plea to the Jurisdiction of the Court") to rear endleaf. Light toning to interior, faint dampstaining to edges in a few places, light foxing and soiling to a few leaves, early ownership signature (Benj. Stratford) to head of title page. $200. * Third Dublin edition. First published in London in 1739 as The Young Clerk's Magazine; Or, English Law-Repository, this is a formbook with a section containing instructions for conveyancing. It was intended for law clerks, lawyers and laymen. A popular work, it went through six editions in London, the last in 1772, four editions in Philadelphia from 1774 to 1795, and five editions in Dublin from 1749 to 1791. The Dublin editions are scarce. OCLC locates 5 copies of the third edition, 2 in law libraries (Harvard, Northwestern). English Short-Title Catalogue T118671.
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A Valuable Assistant to Every Man, Or, The American Clerk’s Magazine.

Boston: I. Thomas and E.T. Andrews, 1797. Printed by Isaiah Thomas Freeman, Samuel [1743-1831]. A Valuable Assistant to Every Man: Or, The American Clerk's Magazine. Containing the Most Useful and Necessary Forms of Writings, Which Commonly Occur Between Man and Man, Under the Names of Acquittances, Agreements, Assignments, Awards, Bargains, Bills, Bonds, Complaints, Conveyances, Covenants, Deeds, Feoffments, Fine and Recovery, Gifts, And Grants, Indentures, Leases, Lease and Release, Letters of Attorney, Mortgages, Notes, Pleas, Petitions, Receipts, Releases, Sales, Surrenders, Wills, Writs and Declarations, &c. And Other Instruments. The Whole of Which are Calculated for the Use of the Citizens of the United States. And are Conformable to Law. Revised, Enlarged, And Much Improved. Published According to Act of Congress. Boston: Printed by I. Thomas and E.T. Andrews, 1797. iv, [2], [7]-297, [1] pp. Includes a one-page list of legal manuals published by Thomas and Andrews. 12mo. (6-3/4" x 4"). Contemporary sheep, blind fillets to boards, lettering piece and blind fillets to spine. Light rubbing, a few faint stains to boards, chip to head of spine, corners bumped, hinges cracked, front free endpaper lacing. Moderate toning, light foxing to portions and text, light soiling and moderate edgewearm faint early owner stamp (Thomas G. Furber) and illegible later owner siganture (dated 1842) to title page, later owner inscription (John M. Furber/ Newington, Jany 3rd 1832) to its verso. $300. * Third edition. Freeman was clerk of courts, a register of probate and a probate judge in Massachusetts. Thomas [1749-1831] was an important early Massachusetts printer, newspaper publisher and author. He was also the founder of the American Antiquarian Society. Cohen, Bibliography of Early American Law 8013.
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State Trials for High Treason: Containing the Trial of Thomas Hardy.

A Treason Trial Inspired by Fear of the French Revolution [Trials]. Hardy, Thomas [1752-1832], Defendant. State Trials for High Treason. Containing the Trial of Thomas Hardy. To Which is Prefixed Lord Chief Justice Eyre's Charge to the Grand Jury. With I. Names of the Grand Jury. II. Proceedings on Finding the Bills of Indictment. III. Particulars of Mr. Holcroft's Surrender and Commitment, With Attendant Observations. IV. Copy of the Bill of Indictment. V. List of the Petty Jury. VI. Counsel for the Crown. VII. Counsel for the Prisoners; With Every Other Important Occurance Respecting this Most Interesting Subject of Public Concern and Curiosity. Taken in Short-Hand by a Student in the Temple. Edinburgh: Printed and Sold by J. Robertson, 1794. 232, 235-270 pp. Pagination irregular, text complete; lacking portrait frontispiece. Octavo (8" x 5"). Later pebbled cloth, blind rules to boards, gilt title and fragment of paper label to spine, endpapers renewed, edges speckled red. Boards slightly bowed, light rubbing to extremities, light fading to spine, spine ends and corners lightly bumped, corners negligibly worn, later ownership label and ink stamp to front pastedown. Light toning to interior, very light foxing and soiling to a few leaves, pencil marks to margins in a few places. $150. * Only edition. A shoemaker by trade, Hardy was the founder and First Secretary of the London Corresponding Society. This was a popular association of workingmen committing to the cause of universal male suffrage. With the government unnerved by the excesses of the French Revolution and eager to set an example, Hardy was indicted for high treason in 1794. The public favored Hardy's cause and he was seen as an unjustly persecuted apostle of English liberty. As the trial proved, the Crown's case, prosecuted by Lord Eldon, had little merit and Hardy was acquitted to great acclaim. English Short-Title Catalogue N23163.
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Commonplace Book, London?, c 1722

Extracts from Hawkins's Abridgment of Coke on Littleton [Manuscript]. [Great Britain]. Commonplace Book [Spine Title]. [London?, c.1722]. [4], 158, [~350 blank] ff. Folio (14-3/4" x 9-1/2"). Contemporary reverse calf, blind fillets and corner fleurons to boards, raised bands, blind fillets and lettering piece to spine, blind tooling to board edges. Light rubbing and a few scuffs and stains to boards, which are detached along with front free endpaper and first six leaves, moderate rubbing to extremities, chipping to spine ends, corners bumped and worn, pastedowns and rear endleaves loosening, ownership signatures of F. Fisher to free endpapers, ownership signature of Richard Pacey, Inner Temple dated 1721/2 and brief annotation in his hand to rear pastedown, ownership stamp of Francis Penyston ("Cornwell House") to rear free endpaper. Text in single neat hand with side notes, index to first 4 leaves. Light toning to interior, light foxing, light edgewear to detached leaves. $2,500. * This commonplace book gathers extracts from William Hawkins's Abridgement of the First Part of Ld. Coke's Institutes (1st ed. 1711). Better known as Coke on Littleton, the first Institutes contains the text of Sir Thomas Littleton's Tenures with extensive commentary. Hawkins extracted and summarized Coke's commentary for his popular Abridgment. Some of the side notes in our manuscript correspond to Hawkins's text, while others provide original glosses and note relevant statutes.