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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.
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