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CATALOGUE 37
W
INTER 2000

ANTIQUARIAN
& SCHOLARLY LAW

1684 Interpreter

61. Cowell, John. [1554-1611]. [Manley, Tho.]. The Interpreter, Containing the Genuine Signification of Such Obscure Words and Terms Used Either in the Common or Statute Laws of this Realm. First Compiled by the Learned Dr. Cowel [sic], and Now Enlarged from the Collections of All Others Who Have Written in This Kind. With an Addition of Many Words Omitted by All Former Writers, and Pertinent to This Matter, with Their Etymologies as Often as They Occur: As Also Tenures whether Jocular, or others Statutes and Records, wherein the Alterations are expressed, and their Agreement or Dissonancy, with the Law at present Declared. Whereto is subjoyned, An Appendix, containing the ancient Names of Places here in England, very necessary for the Use of all Young Students, who intend to Converse with old Records, Deeds or Charters. The Second Edition... London: Printed by the Assigns of Richard Atkins Esq; and Sir Edward Atkins Knight, for H. Twyford, Tho. Buffet, J. Place, and H. Sawbridge, 1684. Unpaged. Handsome modern quarter calf over cloth, gilt lettering. Edges of preliminary pages marginally chipped with insignificant loss. Signature “Thos. J. Murray, attorney at law Fairfax Court House Virginia 1838” on title-page and first text page. $1,000.
* Fifth edition. Second edition of the Manley enlargement to the original work. Throughout the later and enlarged editions such as this, The Interpreter was considered to be the best law dictionary until Jacob’s, and was, and still is, used by scholars of early English legal texts. Indeed, Walker describes Cowell as “reputed the most learned civilian of his time.” Walker 311. But its publication was not without enormous controversy. At a time when the Parliament vied for power with the King, the Commons disapproved of the monarchical nature of Cowell’s definitions under words such as ‘King,’ ‘Parliament,’ ‘Prerogative,’ ‘Recoveries,’ and ‘Subsidies.’ While a joint committee of Lords and Councillors reviewed the work, the affairs of Parliament and James I nearly halted due to the controversy. James I intervened in fear that his own fiscal interests would not be approved by the Parliament, and ordered a proclamation which imprisoned Cowell, suppressed the book, and ordered all copies burned by a public hangman on March 10, 1610. Moreover, The Interpreter contained a quotation that criticized Littleton’s scholarship, which alienated and enraged Sir Edward Coke, who had not yet written his Coke on Littleton (1628). He was instrumental in the book’s suppression and Cowell’s persecution. Marvin 233-4. HLC I:477. Marke, Vignettes of Legal History 309-312. Cowley 175. S&M I:7.18.

Written in Law French

62. Croke, George [1560-1642]. The Reports of Sir George Croke Knight; Late One of the Justices of the Court of Kings-Bench; and Formerly, One of the Justices of the Court of Common-Bench, of Such Select Cases As Were Adjudged in the Said Courts, the Time That He Was Judge in Either of Them. Collected and Written in French by Himself; Revised, and Published in English by Sir Harebotle Grimston.... London: J.S., 1657. Folio. Frontispiece. [12], 438, [46] pp. Contemporary sheep. Woodcut intials and head-pieces. Quite rubbed and chafed. Some chipping with loss. Lacks pastedowns, some dampstaining and foxing. Still a solid copy. $450.
* First edition of Part 3 (Charles I). Croke stood for judicial independence, and his reports were considered by Chancellor Kent I as “a work of credit and celebrity.” Written in law French, they were translated by his son-in-law. S&M I:298(37). Wallace 198-205.

A Classic on Real Property

63. Cruise, William. A Digest of the Laws of England, Respecting Real Property. New York: S. Gould (volumes one and two); Alsop, Brannan and Alsop (volumes three and four), 1808. Five volumes. Contemporary polished calf, red leather labels. Some minor rubbing, one joint cracked. A very well-preserved set. $450.
* First American edition. Cruise’s Digest “is to the law on real property very much what Bacon’s Abridgment and Comyn’s Digest are to the law in general.” Marke 773. In this work Cruise broke new ground, among other things, abandoning alphabetical arrangement, and adopting a scientific classification of the sort which had first been used by Blackstone. Parrish 140 (mentioning the Alsop imprint only). Not in HLC. Winfield, Chief Sources 246-247. Marvin 243.

The Father of Justice of the Peace Manuals

64. Dalton, Michael. The Country Justice: Containing the Practice, Duty and Power of the Peace, As well as out of their Sessions. Wherin All the Statutes and Cases in Law, That in Any Wise [sic] Relate to the Jurisdiction and Authority of a Justice of the Peace, are Carefully Collected and Digested Under Proper Titles. And For the Better Help of Such Justices of the Peace, as Have Not Been Much Conversant in the Study of the Laws of this Realm, there is added an Appendix; Being A compleat Summary of all the Acts of Parliament, Shewing the Various Penalties of Offences by Statute, and the Particular Power of One, Two, Three, or More Justices in the Proceedings and Determinations, Under Several Distinct Heads, in Alphabetical Order. To the Whole are Added Large Tables of the Principal Matters therin Contained. By William Nelson. E. and R. Nutt, and R. Gosling, London: 1727. Folio. [20], 679, [154]. Contemporary calf boards, rebacked, raised bands forming seven compartments, leather gilt stamped spine lettering piece. Endpapers renewed. $850.
* Later edition. First published in 1618. All future writers on the justices of the peace continued the alphabetical arrangement which Dalton developed here. HLC I:513. S&M 227. Holdsworth, A History of English Law, X:160.

Dalton’s Sheriff’s Manual, 1700

65. Dalton, Michael [d.1648?]. Officium Vicecomitum. The Office and Authority of Sheriffs: Gathered out of the Statutes, and Books of the Common Laws of this Kingdom...Purged from the Errors of all former Impressions. London: Printed by the Assigns of Richard Atkins and Edward Atkins, 1700. 4to. [4], 564 [568], [28] pp. Contemporary quarter-calf over marbled boards. Rebacked. Some foxing. Still a good working copy. $500.
* Fifth complete and last edition (abridged editions having appeared in 1628 and 1651). Dalton’s Officium Vicecomitum was the first work on the law of sheriffs and “continued to be a standard authority until the beginning of the eighteenth century.” Holdsworth, HEL IV:119. S&M I:222(6). Marvin 251 (1700 ed., incorrectly cited as the third). HLC I:513 (1st ed., 1623).

A Dissertation upon Parties

66. [D’Anvers, Caleb]. A Dissertation Upon Parties; In Several Letters to Caleb D’Anvers, Esq. London: Printed by H. Haines, at R. Francklin’s, 1735. xxxi, 246, [2]pp. Contemporary speckled calf, spine extra-gilt, raised bands, front cover rehinged. Lacks front flyleaf, head and tail of spine chipped. Internally fine. $250.
* Second edition.

Unique Archive From the Massie Trust of a Landmark American Criminal Trial

Including a remarkable association copy signed by Clarence Darrow

67. [Darrow, Clarence]. [Massie Trial]. Collection of items owned by Thomas Massie, relating to the famous trial that was Clarence Darrow’s final appearance before a judge and jury. George Leisure, of the Wall Street law firm Donovan Leisure served as Darrow’s co-counsel. Thomas Massie [1904-1987] was a naval officer stationed in Hawaii. He was accused, along with his mother-in-law Grace Fortescue, and two sailors, Edward J. Lord and Albert O. Jones, of the murder of Joseph Kahahawai who had been accused of rape by Massie’s wife, Thalia, and freed after a mistrial. The sensational trial garnered international attention, ignited racial tensions, caused riots in Hawaii and on the mainland, led Congress to postpone pending litigation relating to Hawaii, and provided a colorful canvas for Darrow’s final defense. His brilliant four-hour and twenty-minute summation that of such national interest that it was transmitted by radio to the mainland. Although the jury found the accused guilty of manslaughter and sentenced them to ten years, the sentence was commuted to one hour by the Territorial Governor following a national uprising and pressure from Washington. The uproarious reaction demonstrated the persuasive power of Darrow’s defense and the racial and political climate of Hawaii at the time. Two years to the day after the murder occurred, Thalia filed for divorce, and attempted suicide the evening of the day that it was granted. Having survived that and a second attempt, Thalia Massie died an apparent suicide in 1963. Thomas Massie remarried, retired from the Navy after giving up his ambition to become an Admiral, and lived out his civilian life in San Diego. His collection of books, letters and documents gathered here evinces the terrible toll the trial took on his life. Tierney, Darrow: A Biography 405-425. Weinberg, Attorney for the Damned 104-118. Hunsberger, Clarence Darrow: A Bibliography 271.

Contains:
[I].
Darrow, Clarence
. The Story of My Life. New York: Scribner’s, 1932. Frontispiece portrait, illustrated. viii, [2], 465 pp. Original cloth, edges chipped, frayed and worn. Front hinge cracked. Preserved in a handsome quarter calf clam shell box, raised bands, decorative stamped panels, gilt. Tape to front cover holding detached frontispiece. Frontispiece and preliminary pages inscribed to Massie by numerous participants and supporters in the case, including Darrow’s inscription on half-title: “To my friend Lt. Thomas Massie - my client and friend. With respect and deep affection- from Clarence Darrow Honolulu April 4th 1932.” With the inscriptions of George Leisure, and “Grace Fortescue one of the four defendants,” Thalia, Massie’s wife, (“‘Amor vincit omnia’ Thalia”) and Ruby Darrow. Other signatures include reporters, detectives, and naval officers who were undoubtedly Massie’s supporters during the trial ordeal.
[II].
Slingerland, Peter van
. Something Terrible Has Happened. New York: Harper & Row Publishers, [1966]. vii, [2], 328, [1] pp. One fold-out map. Illustrations, 16 pp. including map and photographs. Original cloth, front hinge cracked and starting, tape residue to base of spine. Dust jacket price clipped, rear slightly soiled, spine base with minor chips, withal very good+. Author's inscription to Massie on page facing title page. The final text page bears a handwritten statement by the second Mrs. Massie: "Chief Petty Officer Jones confessed to the shot that killed Kahahawai-a long time after the trial." First edition. Well-researched, colorfully told tale of the trial by Slingerland, who had been a senior editor at Look Magazine.

[III]:
Commutation document.
Original document signed by the Territorial Governor of Hawaii, May 4, 1932. One-page document with two folds, 8-1/2" x 12-1/2,” stapled at head to legal blue back. With embossed seal, Territory of Hawaii. With this document the Territorial Governor of Hawaii commuted the sentence of Thomas Massie from ten years to one hour.
[IV]:
Seventeen letters between Massie (carbons) and Leisure 10/24/66-9/26/73
documenting Massie’s reaction to movie and Broadway production offers. Leisure’s letter of 9/10/73 includes his copy of his summation.
[V]:
Document with official seal of the state of Kentucky
, signed by the Governor Ruby Laffoon, restoring Massie’s civil rights.
[VI]:
Letter signed by the Secretary of the Navy
regarding a Presidential pardon for Massie, and enclosure letter (and original copy) from Massie’s agent to the Secretary.
[VII]:
Massie’s naval discharge papers.
[VIII]:
Three letters and lengthy questionnaire from Slingerland to Massie
, and his carbon copies of two responsive letters. Also Massie’s one-page diary record of their interaction and requests for interviews by other reporters.
[IX]:
Single leaf showing Massie’s entry
and early photograph apparently taken from US Naval Academy Annual, Class of 1927, with Mrs. Massie’s note recording the date of her husband’s death at the top.
[X]:
Two letters and telegram from literary agent
offering discussion of a movie contract, with Massie’s negative response, and his notes on the telegram documenting a telephone call made by the agent. Also the business card of one of the private detectives that the agent sent to Massie’s home to locate him. (Massie describes this correspondence and events in letters to Leisure.)
[XI]:
Letter from law firm
representing individual requesting Massie’s cooperation in a documentary to be produced about the trial. With Massie’s letter responding in the negative.
[XII]:
Seven newspaper clippings
relating to Massie’s second marriage to Florence K. Storms in March, 1937.
Together the above unique collection containing two inscribed books, twenty-eight letters and assorted documents. $7,500.

Signed, Limited Edition of Darrow’s Autobiography

68. Darrow, Clarence. The Story of My Life. New York: Charles Scribner’s Sons, 1932. Illustrated. xiv, 465 pp. Cloth. Bookplate and signature of previous owner. Spine darkened, binding slightly soiled, otherwise very good. $1,500.
* Limited, signed edition. When Clarence Darrow died in 1938 at the age of 81, few disputed that he was one of the great advocates of his generation. There were other lawyers in his lifetime who contributed more to the development of legal science, who rose to positions of greater influence, or who won larger financial rewards, but perhaps none who could match his record as a rough and tumble crusader for the common man. Hunsberger 271.

First Edition of Darrow’s Autobiography, Uncommon in Dust Jacket

69. Darrow, Clarence. The Story of My Life. New York: Charles Scribner’s Sons, 1932. Illustrated. xiv, 465 pp. Cloth. With orange and blue art deco pattern dust jacket. Dust jacket chipped with approx. 2" loss to top of spine, a few chips to base of spine, minor loss to top of back cover, small tear to base of rear cover. Top edges rouged. Early owner’s sig. on first flyleaf. $250.
* First edition, uncommon in dust jacket. When Clarence Darrow died in 1938 at the age of 81, few disputed that he was one of the great advocates of his generation. There were other lawyers in his lifetime who contributed more to the development of legal science, who rose to positions of greater influence, or who won larger financial rewards, but perhaps none who could match his record as a rough and tumble crusader for the common man. Hunsberger 271.

Review Copy of Darrow’s Autobiography

70. Darrow, Clarence. The Story of My Life. New York: Charles Scribner’s Sons, 1932. Frontispiece portrait, illustrated with photographs. viii, [1], 457 pp. Original printed wrappers. Spine chipped, with some loss at head. Hinges reinforced. Binding somewhat soiled. Paper label denoting reviewer’s copy affixed to front cover. $750.
* Advance editorial copy. Distributed to commentators “with the understanding that reviews and newspaper articles concerning it [were] for release in the morning papers of February 5, which is the date it will be published.” The page following the appendix states: “Index to follow.” A seven-page index was in fact included when the book was eventually published. Hunsberger 271.

Signed by Darrow and Beck

71. [Darrow, Clarence M. and James M. Beck.] [Signed copy]. The Trial of Benedict Arnold. A Radio Presentation of National Dairy Products Corporation. New York: National Dairy Products Corporation, 1931. 47 pp. Booklet. Illus. Minor fading and soiling to covers. Signed in ink at the foot of the photo portraits by both Clarence Darrow and James M. Beck. Very good. $1,250.
* Publication featuring transcript and photographs illustrating the radio broadcast that featured Darrow in the role of the prosecutor and Beck in the role of counsel for the defense. The broadcast aired March 22 and 29, 1931. Hunsberger. Clarence Darrow: A Bibliography, 713.

The Glories of England

72. De Lolme, J[ohn] L[ouis] [1745-1807]. The Constitution of England; or, an Account of the English Government; in Which It Is Compared Both with the Republican Form of Government, and the Other Monarchies in Europe. London: G. Wilkie & J. Robinson [et al.], 1807. Octavo. Frontispiece. [4], xxvi, 535, [10] pp. Modern cloth, leather spine label. A very bright copy. $250.
* “In this treatise the excellencies of the English system were found at just the points indicated by Montesquieu and Blackstone - the separation of powers, the check and balance among the various branches of the legislature, the representative system, the jury and the writ of habeas corpus.” Marke 366. S&M I:100(27). HLC I:540-541 (not this edition).

The Extent of Judicial Review

73. Dickinson, John. Administrative Justice and the Supremacy of Law in the United States. Cambridge: Harvard University Press, 1927. xiii, [3], 403 pp. Original cloth, a trifle chipped and shelfworn. Inscribed by author on first flyleaf. Very good. $150.
* A study of judicial review of administrative determinations in terms of scope and inherent problems therein. Volume II from the series Harvard Studies in Administrative Law. Marke, A Catalogue of the Law Collection at New York University (1953) 257.

A Landmark Work

74. Domat, [Jean] [1625-1696]. Les Loix Civiles Dans Leur Ordre Naturel; Le Droit Public, et Legum Delectus... Paris: 1771. Folio. Two volumes, in one book. Full contemporary cats-paw morocco, expertly rebacked retaining original gilt stamped red leather lettering piece and decorative spine compartments. A handsome book. $850.
* New Edition. Domat, a great French jurist, first published this landmark work in 1689. It combines in one system the materials of Roman law and French legislation and decisions. He sought to found all law on ethical principles. Walker 372.

Rare Work on Endowment

75. [Dotation]. Tractatus ex variis juris civilis interpretibus decerpti. Venice: no printer, 1580. (12), 595 pp. Fine woodcut printer’s mark on title, with woodcut initials. Folio. Old vellum, back repaired. Internally very good. $1,000.
* Very rare anthology of works on “dotation”, the act of giving a dowry or endowment, with contributions by famous jurists such as Baldus Novellus, Joh. Campagius, Jac. Butrigarius, Odofredus, Const. Rogerious. Not in Adams, Soltesz, Machiels, cf. Struve-Buder, 239.

A Note from Douglas

76. Douglas, William O. [1898-1980]. U.S. Supreme Court Justice [1939-1975]. Autograph Note Signed. Washington, 20 November 1942. On small oblong card with the embossed letterhead of the Supreme Court. Together with the original hand-addressed envelope initialed by Douglas at upper left. Fine. $200.
* A friendly note, addressed to Capt. Malcom A. MacIntyre, beginning: “Dear Mac, It was good to hear from you....”

William O. Douglas’ Signature

77. Douglas, William O. Autographed page. 6-1/2" x 4-3/4" page with printed version of Douglas’ portrait, with Douglas’ signature in lower margin. A few tiny stains to margin, else very good. $75.
* Signed in blue pen “W. O. Douglas.”

An Excellent Resource, Published in 1671

78. Dugdale, William [1605-1686]. Origines Juridiciales, or Historical Memorials of the English Laws, Courts of Justice, Forms of Tryal, Punishments in Cases Criminal, Law-Writers, Law-Books, Grants and Settlements of Estates, Degree of Serjeant, Innes of Court and Chancery. Also a Chronologie of the Lord Chancelors and Keepers of the Great Seal, Lord Treasurers, Justices Itinerant, Justices of the Kings Bench and Common Pleas, Barons of the Exchequer, Masters of the Rolls, Kings Attorneys and Sollicitors, and Serjeants at Law. [London]: Printed by Tho. Newcomb, for Abel Roper, John Martin, and Henry Herringman, 1671. Folio. Illustrated, including engraved coats-of-arms and three engraved portraits (Bridgman, Crew, and Clarendon; lacking Coke, Clenche, and Heath). [7], 336, [4], 117, [1] pp. Modern quarter-calf over cloth, spine label. Title-page printed red and black. Woodcut head-pieces. Some foxing, slight worming to the latter half at the top, touching text, but not affecting legibility. Closed tear to one leaf. $1,250.
* Second edition, with additions. Dugdale’s Origines provides a wealth of information about the sources of both English law and English legal institutions, including the Inns of Court for which it is a chief authority. Marke 138. Chapter 23, entitled A Catalogue of Law-writers and Law Books, contains a list of the various classes of law books including manuscripts. Copies of the manuscripts are located, and, in many instances, the sources of the information for the printed book entries are given. Chapter 24 is a list of Law-Books and Treatises of Uncertain Times. Friend 82 (citing third ed.). S&M I:22(13). HLC I:579. Marvin 279. Wing D2489.

First American Edition of a Standard Work

79. Dwarris, Sir Fortunatus [William Lilley] [1786-1860]. A General Treatise on Statutes. Their Rules of Construction, and the Proper Boundaries of Legislation and of Judicial Interpretation. With American Notes and Additions.... by Platt Potter [1800-1891]. Albany: William Gould & Sons, 1871. xxiv, [33]-693 pp. Original full calf with red leather lettering piece. Ownership lettering piece excised from upper spine leaving that portion rubbed. Two innocuous ink stains on front cover. Front pastedown and first flyleaf carry small tape remnants. Signature of early owner on front pastedown. Text crisp. A solid, very good copy. $750.
* First American edition. Dwarris’ Treatise is a work upon the construction and interpretation of statutes and constitutions, made valuable to the American practitioner by the work of the New York jurist, Platt Potter. It includes “an excellent statutory history of the English law from Magna Carta down to the end of the reign of George IV.” S&M I:547(6) (Citing English editions only). HLC I:587.

Printed in Lyon, 1543

80. Dynus [de Mugello, J.]. De regu(lis) iur(is). Commentarius mirablis super Titulo de Regu. Juris Precipui sui seculi juriscosulti do...Ubi preter Domini Nicolai Boerij... [Lyon]: St. Maillet, 1543. 150 leaves. Octavo. Full contemporary decorated pigskin. Raised bands. Exterior somewhat soiled. Red and black printing on title page. With gloss. Woodcut initials. Printer’s colophon at rear. Bottom margin of one leaf expertly repaired not affecting text. Text crisp and bright throughout. Marginal notes in early hand.$1,500.
* Baudrier XII:466f. Not in Adams or BMC.