The Institutions of the Law of Scotland, Deduced from its Originals, and Collated with the Civil, Canon, and Feudal Laws; and with the Customs of Neighbouring Nations. Part First, and Second. [With, as often:] Modus Litigandi, or Form of Process Observed before the Lords of Council and Session in Scotland.

  • Stair, James Dalrymple, Viscount
  • Edinburgh: Printed by the Heir of Andrew Anderson 1681
  • ESTC R226246, R13544; Aldis 2264.2, 2263.

£1,200

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Description

FIRST EDITION, folio, pp. [xxii], 444, 96, 93-192, 189-192, 44. Bound without the title-page to second part (see below). Contemporary speckled calf, spine divided by raised bands, second compartment gilt-lettered direct, the others with gilt semi-circle and triangle tools creating strapwork lines with circular tools within. Some toning and soiling, a few leaves with short edge-tears or creases, title-page a bit soiled, a small area of worming to last few leaves affecting one word. Binding rubbed and scratched, a little wear to extremities. Purchase inscription to flyleaf: ‘This book belongs to Nairn, 1688, bought for 15lib scots Februarii ye [?]’.

Notes

The first edition of the supreme text of post-medieval Scots law, which 'has been accorded the status of a formally binding source, equivalent in authority to the decisions of the higher courts' (ODNB); its afterlife stretched all the way through a new edition retaining Stair's name three hundred years after this first publication. James Dalrymple, 1st Viscount Stair (1619-1695), had an eventful career during a turbulent time: some of the time preparing this work for the press while in internal exile at his wife's estate in Galloway and afterward fled to the Netherlands, though he had previously been head of the Court of Session and would return to that position after the Glorious Revolution.
The issue, presumably later, where the title-page has been reset to read 'Part First, and Second', instead of just 'The first part'. In such copies it is not unusual for the second title-page, which has become somewhat superfluous (being the same apart from stating 'The second part'), to be omitted, as it has here.
The Nairn whose purchase inscription adorns the flyleaf may be a young William Murray (c.1665-1726), a Jacobite who became 2nd Lord Nairne in 1683 following the death of his father-in-law.

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