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CATALOGUE 37
W
INTER 2000

ANTIQUARIAN
& SCHOLARLY LAW

Legal Pleasantries in 1867 New York

81. Edwards, Charles. Pleasantries about Courts and Lawyers of the State of New York. New York: Richardson & Co., 1867. Octavo. Frontispiece. 528 pp. Contemporary maroon three quarter morocco over cloth boards, raised bands creating six compartments with contrasting gilt lettering pieces in the second and fourth. Decorative gilt spine and all edges gilt. Spine chipped at head, front joint just starting. Slightly worn at extremities, else a good copy in a handsome original binding. $200.

Moral Philosophy for Princes

82. Elyot, Thomas [1490-1546]. The Boke, Named the Governour. London: Thomas East, 1580. Octavo. [14], 216 pp. Woodcut border on title, woodcut initials. Black letter. Modern calf, raised bands, gilt spine. Blind-ruled covers. Edges speckled. Joints and spine rubbed. A very handsome copy. $3,500.
* Eighth edition. A treatise on moral philosophy for princes and others who would govern, Elyot defines “publike weale” as “a body living compact or made of sundry estates and degrees of men, which is disposed by the order of equitie, and governed by the rule and moderation of reason.” Although not highly original in its sentiments, Elyot’s Boke was very influential and perhaps the first work in “recognizably modern English Prose.” He leaned heavily upon Erasmus’ Institutio Principis Christiani, Castigliones’s Il Cortegiano, and Francesco Patrizzi’s De Regno et Regis Institutione for his models. Printing and the Mind of Man 61. A Short-Title Catalogue of Books Printed in England, Scotland, & Ireland, 1475-1640 7642.

An Attractive Copy

83. Esmein, A. Le Mariage en Droit Canonique. Paris: L. Larose et Forcel, 1891. 2 vols. Contemporary gilt stamped half calf over marble boards, rubbed and slightly scuffed. Spines sunned. A handsome copy. $500.
* “Adhemar Esmein (1848-1913) was both a French Jurist and an outstanding legal historian who excelled in the reconstruction of constitutions.” Walker 430.

The Long Arm of the Law

84. [Fenwick, Sir John (1645-1697)]. The Proceedings Against Sir John Fenwick, Bar. Upon a Bill of Attainder for High Treason. together with a Copy of a Letter Sent by Sir John Fenwick to His Lady, upon His Being Taken in Kent. As Also of the Paper Delivered by Him to the Sheriffs of London and Middlesex, at the Place of His Execution. [London]: [n.p.], 1702. 8vo. [2], 348, [9] pp. Contemporary calf, rebacked. Ex-library (with only pencilled call letters). Bookplate. A good copy. $250.
* Later edition (first published 1698). “Only the circumstance that [Fenwick] had threatened to make revelations involving many prominent people made him politically important. A new law had been passed earlier in the same year which provided that two witnesses should be available for conviction in an ordinary trial of treason. Since there was only one witness against Fenwick, a bill of attainder was thought to be the best method of eliminating him from the scene. In the heated debates to which this case gave rise, emphasis was naturally placed upon the supreme power of parliament, which reached beyond the usual restrictions of the law. Marke 1032. Wing P3545 (citing first edition).

A Handsome Set of the Works of Fielding

85. Fielding, Henry [1707-1754]. The Works of Henry Fielding, Esq. Edited with a Biographical Essay by Leslie Stephen. London: Smith, Elder, & Co., 1882. Ten volumes. Quarto. Illustrated. Contemporary green half-morocco over marbled boards, raised bands, gilt. Marbled endpapers. Top edges gilt. Some foxing of plates. Slight edgewear. A very good set. $1,000.
* Set numbered 34 of 250. Known as a prolific playwright and author of Tom Jones, among other literary works, Fielding was appointed a justice of the peace for Westminster in 1748 through a friend’s favor. His legal writings comprise part of two volumes of the ten, and include most notably his influential essay An Essay into the Causes of the Late Increase of Robbers. Also included are A Clear State of the Case of Elizabeth Canning, A True State of the Case of Bosavern Penlez, and A Charge to the Grand Jury. Fielding’s experience in the law is definitely manifested in his other work, which shows an acute awareness of social ills. His own circumstances were rather mean, and he was frequently ridiculed by other figures of the day. DNB VI:1280-8.

Common vs. Civil Law

86. Fortesque, John. De Laudibus Legum Angliae. Written Originally in Latin by Sir John Fortescue Lord Chief Justice, and after Lord Chancellor to King Henry VI. Translated [by Francis Gregor] into English, Illustrated with the Notes of Mr. Selden, and Great Variety of Remarks with Respect to the Antiquities, History, and Laws of England. To Which Are Prefix’d Mr. Selden to the Reader, and a Large Historical Preface. To the Whole Are Added the Preface of the First Editor, with the Testimonies of Bale, Pits, and Du Fresne; the Summs of Sir Ralph de Hengham, Lord Chief Justice to King Edward I. Commonly Call’d Hengham Magna and Hengham Parva, with Mr. Selden’s Notes; and a Copious Index. London: Printed Henry Lintot, 1741. Folio. Engraved frontispiece. [2], lxiv, 130, [14]; [2], ii, 36; [2], 4, 42, [2] pp. Modern quarter-calf over cloth. First few leaves foxed, several leaves at rear slightly dampstained. Signature on title-page. A quite good copy. $650.
* Second edition of Gregor’s translation (with Selden’s notes in Latin). Taking the form of a dialogue between Henry VI and Fortesque, De Laudibus Legum Angliae tries to show the superiority of the common law over civil law. It incorporates the notion of a limited monarchy, and was commended by commentators such as Sir Walter Raleigh and St. Germain. Marke 37. S&M I:22(16). HLC I:713.

The Significance of the Visigothic Code for Spain

87. [Forum Judicum]. La Real Academia de Espanol. Fuero Juzco en Latin y Castellano, cotejado con los mas antiguos y preciosos Codices. Madrid: Ibarra, 1815. Folio. [14], [iii]-xliv, [4], 162, [4], 232 pp. Contemporary tree calf. Marbled endpapers. Hinges cracked but secure. Some foxing, rubbing to extremities, but an attractive copy. $350.
* Includes original Latin text, Forum Judicum, and its translation into Castilian, Fuero Juzco o Libro de los Jueces. The work is introduced by a lengthy historical essay describing the significance of the body of Visigothic law for Spain. Its influence extended to Spanish colonies in Central and South America, and also to Puerto Rico and some southern states in the United States.

A Lovely Set of The Judges of England

88. Foss, Edward [1787-1870]. The Judges of England; with Sketches of Their Lives, and Miscellaneous Notices Connected with the Courts of Westminster, from the Time of the Conquest. London: Longman, Brown, Green, and Longmans, 1848-1864. Nine volumes. Octavo. Contemporary speckled half-calf over marbled paper, raised bands, spine labels, gilt. Expertly rebacked retaining original spine and covers. Marbled edges and endpapers. A very attractive set. $2,500.
* Foss was a founder and later president of the Incorporated Law Society. His Judges gives for each reign authoritative biographies of chancellors, masters of the rolls, and judges of the courts. Based on original sources, it is an important work of reference for legal historians. Foss also collected materials for Lord Campbell’s Lives of the Chancellors. S&M II:127. HLC I:715.

A Great Orator’s Parlimentary Speeches

89. [Fox, Charles James] [1749-1806]. Two Speeches of the Right Honourable C.J. Fox; the First, on the King’s Message to the House of Commons on the Execution of Louis Capet, January 31st; the Second, on the King’s Message to the House of Commons, on the Declaration of War against England by France, February 11th, 1793. London: J. Ridgway, 1793. 8vo. 28 pp. Modern quarter-calf over marbled boards with gilt leather spine label. Title-page and last page rather soiled, some foxing. $250.
* Fox became a Member of Parliament at nineteen, and was considered by Burke to be a great debater. DNB VII:535-552.

Autographed Letter from Felix Frankfurter

90. Frankfurter, Felix [1882-1965]. Associate Justice of the United States Supreme Court (1939-1962). Typed Letter Signed, to Edmund Clynes. Washington: February 21, 1950, on the stationery of the Supreme Court of the United States. One page, with envelope. 5-3/4" x 9". Fine. $350.
* Justice Frankfurter writes: “This is to acknowledge your kind letter of the 17th. I am glad to hear that Mr. Stryker made ‘a very fine speech.’ Sincerely yours, [signed] Felix Frankfurter.” Frankfurter is most likely referring here to Lloyd Paul Stryker, who often delivered lectures to law schools, developing the main theme of his addresses into his final work, The Art of Advocacy (1954), which called for “the renaissance of the trial lawyer.” DAB Suppl. 5:665.

An Eighteenth Century Clerk’s Manual

91. Freeman, Samuel. A Valuable Assistant to Every Man: or, The American Clerk’s Magazine... Boston: Printed by I. Thomas and E.T. Andrews, 1797. 297, [1] pp. Contemporary tree calf, worn. Leather label chipped, head of spine gone, large portion of tail also missing, foxing. A good copy. $200.
*Third edition. HLC I:727 (4th edition). James 120. Parrish 185.

A Unique Binding

92. Freiseleben, Christophoro Henrico. Corpus Juris Civilis Academicum, in Suas Partes Distributum, Usuique Moderno ita Accommodatum, ut Nunc Studiosorum Quivis, Etiam Tyro, uno Quasi Intuitu, Omnes Leges Digestorum Et Codicis, Omnesque Titulos Institutionum Invenire Possit. Lipsiae: Joh. Ludov Richterum et Heredes Lanckisianos, 1721. [5], 1278 columns. Full blind tooled pigskin, vellum spine label lettered in gilt. Binding yawning, a trifle soiled. Title page printed red and black. Armorial bookplate. Initial woodcut headpieces throughout. Affixed to the foredges are printed tabs, printed in red and black, showing reference words or letters. The German instructions to the bookbinder for affixing these tabs is pasted on the inside rear endpaper. Early owner’s signature in fine hand on first flyleaf. $750.
* First edition.

Horace Binney’s Argument Against Daniel Webster

93. [Girard, Stephen]. Binney, Horace. Arguments of the Defendants’ Counsel and Judgment of the Supreme Court, U.S. in the Case of Vidal and Another...versus the Mayor, &c. of Philadelphia... January Term, 1844. To Which is Added the Will of Stephen Girard. Philadelphia: J. Crissy, Printer, 1844. [3], 307 pp. Cloth. Head and tail of spine chipped, otherwise good. $150.
* First edition. Stephen Girard, the richest self-made man of his day in America, died without issue in 1831, leaving the bulk of his property to the city of Philadelphia in trust to establish and maintain a college for poor white male orphans. His relatives, dissatisfied with their moderate legacies, filed a bill alleging that the city could not be a trustee, and also that the objects of the charity were too vague and indefinite to sustain a trust. The bill was dismissed, but the U.S. Supreme Court failed to decide the appeal in 1843, and ordered a reargument. When the complainants retained Daniel Webster for the reargument, the city, for its part, retained Horace Binney. Marke 955-966. HLC II:1084.

A Later Edition Printed in Paris, 1628

94. Gothofredi, Dionyssi. [Godefroy, Denis]. [1549-1622]. Corpus Juris Civilis, quo ius universum Iustinianeum Comprehenditur: Pandectis, ad Florentinum Archetypum expressis... Paris: A.Vitray, 1628. Folio. Two volumes. Marbled endpapers. Engraved frontispiece and woodcut printer’s mark on title page. Full contemporary mottled calf scuffed and worn, spine expertly (19th century?) restored, with the slightest residue of gilt. An attractive, well-preserved, very good copy. $1,000.
* Later edition of this esteemed work by Denis Godefroy. A jurist and law professor at the University at Heidelberg, in the 1583 first edition of the Accursian gloss, he was the first to apply the collective name Corpus Juris Civilis to Justinian’s works on Roman law, which consist of the four books of the Institutes, the fifty books of the Digest, the twelve books of the Code and the Novels. Not in Graesse.

Gould on Water Rights

95. Gould, John M. A Treatise on the Law of Waters, Including Riparian Rights, and Public and Private Rights in Waters Tidal and Inland. Second Edition. Chicago: Callaghan & Company, 1891. cxxi, 932 pp. Contemporary calf, hinges expertly repaired. Red and black leather spine labels, gilt. Spine a bit rubbed, overall a very good copy. $350.
* Second edition. “By sticking closely to the subject in hand, Mr. Gould has avoided a pitfall into which many writers on special topics fall: namely, of swamping the valuable and special part of the work in a sea of allied topics, often carelessly and inadequately treated ... In the main, the work has that accuracy, clearness, and fulness of citations so necessary in a special treatise.” E.S.T. Harv. L. Rev. 14: 471-472. The second edition is enhanced by the inclusion of over 3700 cases not referred to in the first edition. Marke, A Catalogue of the Law Collection at New York University (1953) 883 (citing third ed.) Catalogue of the Library of the Law School of Harvard University (1909) I:776.

Graham’s Speeches on Crime and Evidence

96. Graham, John Andrew [1764-1841]. Speeches Delivered at the City-Hall of the City of New-York, in the Courts of Oyer & Terminer, Common Pleas and General Sessions of the Peace. New York: Published for M’Gillda and Co. 1812. 80 pp. Contemporary half-calf, gilt ruled, over marbled boards. Stains to preliminary and final leaves. A good copy. $200.
* First edition. Provides sixteen speeches concerning such crimes as assault and battery, bigamy, passing counterfeit money, murder, manslaughter and rape. Graham practiced mainly in the New York City criminal courts. He forced amendment of code, outlawing use of evidence obtained by private examination of accused persons without aid of counsel. Sabin 28231.

The Right to Enjoy One’s Property

97. Gray, John Chipman. Restraints on the Alienation of Property. Boston: The Boston Book Company, 1894. xv, 217 pp. Full contemporary calf, raised bands, red leather lettering piece, black leather ownership label on spine. A well-preserved, solid, very good copy. $250.
* First edition. “... at the time of the first edition, the doctrine which it was one of the purposes of the book to discredit was still in its infancy. As yet few jurisdictions had followed the dictum in Nichols v. Eaton, 91 U.S. 716, in declaring that a man could enjoy the benefit of his property without being compelled to subject it to the payments of his debtors, and the task of the writer at that time was to protest against the growth of this new doctrine, and to show by argument and authority how at variance it was with good morals and previous law.” H.W. Harv. L. Rev. 9:367-368. Marke, A Catalogue of the Law Collection at New York University (1953) 787.

First Lawbook Printed in Newark, NJ

98. Griffith, William [1766-1826]. A Treatise on the Jurisdiction and Proceedings of Justices of the Peace, in Civil Suits; with an Appendix, Containing Advice to Executors, Administrators and Guardians-Also, an Epitome of the Law of Landlord and Tenant; the Whole Interpreted with Proper Forms, and Calculated for General Instruction. Newark, New Jersey: Printed by John Woods, For the Author, 1797. 12mo. xii, 320, [21] pp. Contemporary calf, gilt spine. Front and rear joints partly cracked, but secure. Some foxing. A good copy. $250.
* Second edition. Although the first edition was printed at Burlington, N.J. in 1796, this edition was the first law book printed in Newark. The second edition adds a chapter on conveyancing. Griffith “eventually became the state’s ablest lawyer on New Jersey land titles.” DAB IV:625-626. Hill & Collins, Books, Pamphlets and Newspapers Printed at Newark, New Jersey 1776-1900, pp.18-19. Parrish 206. James 121. Evans 32211. HLC I:833.

Very Scarce 1790 South Carolina Public Laws

99. Grimke, John Faucheraud. [1752-1819]. The Public Laws of the State of South-Carolina from Its First Establishment as a British Province Down to the Year 1790, inclusive; in which is comprehended such of the Statutes of Great Britain, as were made of force by the Act of assembly of 1712...[and] the Newly Adopted Constitution of the State... Quarto. Philadelphia: R. Aitken & Son, 1790. lxxvii, 504, 43, [58] pp. Clean tear to unnumbered Index p.20 without loss expertly repaired with archival tape. P. 293 incorrectly numbered as 193. Hamilton’s brief notes on four pages. Contemporary calf, worn. Joints split but holding. A very desirable copy. $2,750.
* First edition, the first collection of its laws. Paul Hamilton’s copy, with his name stamped on the front board and his dated ownership signature on the title page. “Hamilton” stamped on the front board and his dated ownership signature on the title page. Hamilton (1762-1816) fought in the Revolutionary War, was Governor of South Carolina (1804-1806) and served as a secretary of the Navy (1809-1812). According to Marvin, “It contains all the English Statutes at large, or chiefly all, which extended to or were generally received in the Colonies; with marginal references to English Cases and Decisions on those statutes. “The work is scarce.” Marvin 352. British Museum Catalogue of Printed Books to 1955, 5:106.
Grimke was a noted South Carolina jurist and father of the noted abolitionists and women’s rights advocates Sarah and Angelina Grimke. In 1785 he and two other judges (Pendleton and Burke) were elected as a commission to revise, digest and publish laws. While their report was not adopted by the state, some of their recommendations were passed, and his research resulted in the publication of this work. DAB states that “He did his best work as a legal compiler in the period of legal reform following the Revolution” and refers to the work as “invaluable when published.” The Charlemagne Tower Collection of American Colonial Laws, 896. Benedict, Acts and Laws of the Original Thirteen Colonies...455.

Later Edition, Amsterdam, 1663

100. Grotius, Hugo [1583-1645]. De Jure Belli ac Pacis Libri Tres, In quibus jus Naturae & Gentium, item juris publici praecipua explicantur. Editio Nova cum Annotatis Auctoris.... Amsterdam: Apud Ioannem Blaev, 1663. Title-page, [14], 618, [53] pp. Four pages of the Prolegomena are bound out of sequence at the rear of the volume. Contemporary calf, attractively rebacked with red and black leather labels and raised bands. Ex-library with small blindstamp to title page. $450.
* Later edition. Ter Meulen & Diermanse, Bibliographie des écrits imprimés de Hugo Grotius 578.