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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.
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