The Analysis of the Law:

extensive contemporary annotations by Maurice Johnson

The first edition of this posthumously-published attempt at a systematic account of the laws of England by the jurist Sir Matthew Hale (1609-1676), with extensive contemporary manuscript 'Addicions & Refrences' to 143-pages of text by the barrister and antiquary Maurice Johnson (1688-1755).

For over 20 years Hale was a steadfast and dominant figure in the English judiciary, thriving under both the Interregnum and Restoration administrations. Having been called to the bar in 1636, he was notably assigned to the defence of the Lord Chief Justice, Sir John Bramston, during the 'ship money' impeachment trials in 1640-1641. Nevertheless, Hale did not declare openly for either party during the civil wars, being appointed a Justice of the Court of Common Pleas under Cromwell in 1654, and later Lord Chief Justice following Charles' restoration.

The Analysis is a companion work to Hale's separately published History of the Common Law, printed the same year, and was the first attempt at a systematic study of the civil law of England as it stood in the seventeenth century.

'Hale admired Roman law and, in the words of his contemporary biographer, Gilbert Burnet, "lamented much that it was so little studied in England." His systematization of English law was greatly influenced by Romanist legal science as it had developed in the West since the late eleventh century. However, Hale did not write any tracts on Roman law. His systematization of English law was also greatly influenced by his knowledge of the exact and natural sciences, on which he did write several long tracts. He was well acquainted with Boyle and Newton and with some of the founders of the Royal Society of London' (Harold J. Berman, 'The Origins of Historical Jurisprudence: Coke, Selden, Hale', The Yale Law Journal, 1994, vol. 103, no. 7, p.1705).

Scarce, and rarer still to find an example with such extensive contemporary annotations. Maurice Johnson was called to the bar in 1710, and practised in London and the Midland circuit in his native Spalding, where his family held land and offices. Today Johnson is chiefly remembered for his role in re-founding the Society of Antiquaries in 1717, and for his close association with William Stukeley and the literary circle which included Richard Steele, Alexander Pope, and Joseph Addison that met at Button's Coffee House.

In a lengthy note to the verso of the title-page, Johnson explains the rationale behind his annotations:

'I have hereunto (that I might thereby tender this tract more usefull, particularly to a student as the ground of common placeing) added in their proper places, the authors who have in purpose wrote seperat treatises on any of the heads or titles, & referrd to.... in the Abridgements, for many of which References I am obliged to my learnd fr[ien]d & fellow circuiteer Thomas Abney of the Inner Temple Esq who kindly lent me his being the second edition of this tract with the edicion of an alphabetical table of his making Printed for John Walthoe in the Middle Temple cloysters in 1716: by which I have on collating [that] rendered this ed[ition] more correct, & more usefull by adding his table. The acts of parliament, readings, book cases & pleadings cited from [the] yearebooks, reports & entries conduce much to the purpose, & from the antiquaries now & then quoted you may see the usage of... a better judgmen[t] from the reason of the things, than is allways to be had from case - narration, thus being conversant in other - sciences, li[terature(?)], customs & multifarious learning, particularly the learned author of thus analysis as appears from his accurate history of Common-law & many other usefull tracts in other sciences'.

First edition; 8vo (20 x 12.5 cm); title-page ruled in red, contemporary ownership inscription in antiquated hand to title-page, extensive notes in pen to title verso and to 143pp of text, 4pp ads to rear, occasional light spotting; contemporary tan calf, covers ruled in blind, contrasting red morocco lettering-piece to spine, old pen note to 3rd spine compartment now almost obliterated, joints expertly restored, a very good example; [16], 171, [1], 4 ads]pp.

ESTC T77294.