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CATALOGUE 37
W
INTER 2000

ANTIQUARIAN
& SCHOLARLY LAW

Andrew Johnson’s Impeachment Trial

121. [Johnson, Andrew] [1808-1875]. Trial of Andrew Johnson, President of the United States, Before the Senate of the United States, On Impeachment by the House of Representatives for High Crimes and Misdemeanors. Washington: Government Printing Office, 1868. Three volumes. [2], xxii, 741; [2], xxii, [3]-498; [2], xxii, [3]-401 pp. Original cloth. Spine extremities chipped, several joints starting, still a very good copy. $350.
* First edition. This is a report of the trial made by the regular stenographers of the Senate for the use of that body. The first volume contains the opening argument of the managers and the evidence, the second the argument in general of the managers and of the counsel for the President, and the third the opinions filed by the individual Senators and, in an appendix, the debate on the right of Senator Wade to sit as a member of the court. Marke 1015. HLC II:1114.

An Impressive Set, Fascinating Plates

122. Johnson, Charles. English Court Hand. A.D. 1066 to 1500. Illustrated Chiefly from the Public Records. Oxford: At The Clarendon Press, 1915. Illustrations. Two volumes. Part I: Text. xliv, 250 pp. Cloth. Original gilt stamped binding lightly rubbed and faded. Good. Part II: Plates. [2, 44] pp. Oversized folio 15" x 20". Paper boards over cloth. Binding rubbed and faded. Spine slightly torn at tail. Very good. $450.
* The evolution of court hand, showing the history of abbreviations and individual letters. Plates include Court Rolls, Charters, Bills. “A short study of this book should enable one to read any court-hand manuscript sufficiently accurately for ordinary purposes...” J.H. Beale. Harv. L. Rev. 29:351. Marke 1211.

1937 Adverse Report of the Judiciary Committee Opposing FDR’s Court-Packing Plan, Signed by the Members

123. [Judiciary Committee]. [Court-Packing Plan]. Adverse Report of The Committee on the Judiciary on a Bill to Reorganize the Judicial Branch of the Government. Stamford: The Overbrook Press, 1937. 46, [1] pp. Original octavo linen cloth, red stamping. A tributary printing by a fine press. Each text page ruled in red ink. With signatures of committee members on preliminary page. A handsome copy. $750.
* Report of the committee that opposed Franklin D. Roosevelt’s bill to expand the membership of the Supreme Court in order to nominate Justices that would support his New Deal proposals. In the midst of the tremendous political battle that ensued, the Court ruled in Roosevelt’s direction in two cases, which demonstrated that the liberal goals could be achieved without benefit of his court-packing plan that would disrupt the nature of the Court. “Roosevelt lost the legislative battle, but won the war. His reforms were thereafter upheld by the Supreme Court. The ramifications on the court-packing controversy were significant. It shook the New Deal coalition that FDR had created costing him the support of some Democrats, many in the middle class, and some Republicans as well. It augured an end to the social and economic reforms Roosevelt had begun. It reinforced the American people’s understanding that law and politics should be separated, and that although the Supreme Court was not wholly above politics, it must not be converted into a political institution.” Hall, The Oxford Companion to the Supreme Court of the United States 204. Privately printed. Reprinted from the U.S. Senate calendar; number 734. Report number 711: June 7th MCMXXXVII. Bearing the signatures of all the committee members: William H. King, Patrick McCarran, Edward R. Burke, Joseph C. O’Mahoney, Warren R. Austin, Frederick Van Nuys, Carl A. Hatch, Tom Connally, William E. Borah, Frederick Steiwer.

18th Century American Treatise

124. [Justice of the Peace Manual]. Freeman, Samuel. The Massachusetts Justice: Being a Collection of the Laws of the Commonwealth of Massachusetts, Relative to the Power and Duty of the Justices of the Peace.... Boston: Printed by Isaiah Thomas and Ebenezer T. Andrews, 1795. iv, 296 pp. Contemporary calf, red leather label. Tear at head of spine, foot chipped, edges worn, occasional foxing to text. $450.
* First edition. Another standard work from the pen of Samuel Freeman. The basic handbook for Justices in Massachusetts. Contains all the laws of the State. An attractive copy of a work scarce in commerce. HLC I:727 (2nd edition). Marvin 324 (2nd edition). Sabin 45869. Evans 28909. Parrish 182. Cohen, BEAL 8381.

1806 New Hampshire JP Manual

125. [Justice of the Peace Manual]. [Hogdon, Moses]. The Complete Justice of the Peace Containing Extracts from Burn’s Justice, and Other Justiciary Productions. Dover, N.H.: Charles Peirce, 1806. [8], 431, 4pp. Contemporary calf. Head of spine missing, front cover slightly bowed. $250.
* First edition. Early nineteenth century American printing of this classic justice of the peace. Shaw and Shoemaker 10569. HLC I:438.

French Translation of Justinian’s Digest

126. [Justinian] [483-565]. Les cinquante livres du Digeste ou des Pandectes de l’empereur Justinien, traduits en francais par feu M. Hulot...et M. Berthelot...[s]ur un exemplaire des Pandectes Florentines, confere avec l’edition originale de Contius, celle de Denis Godefroy par Elzevirs et plusiers autres. Metz: Behmer et Lamort [and] Paris: Rondonneau, 1805-1804. Five volumes. 4to. Contemporary sheep, raised bands, spine labels, gilt. Edges rouged.. Spines chipped, with slight worming. Very slight marginal worming in one volume not affecting text. Light foxing. A good set. $1,000.
* French translation of the fifty books of Justinian’s Digest, which was completed in 533.

1620 Edition of Justinian’s Code and Novels

127. Justinian, [Flavius Petrus Sabbatius [483-565 A.D.]]. Codicis Justiniani D.N. Sacratissimi Principis PP. AVG. Repetitae praelectionis, Libri XII. Summaries Dionysii Gothofredi IC. Illustrati. Postrema Editio prioribus accuratior & emendatior. [Bound with]: Authenticae, Seu Novellae Constitutiones D.N. Justiniana Sacratissimi PrincipisL Quibus Leonis, & aliorum quorundam Imperatorum additae. Geneva: Johannem Vignon. 1620. [13], 735 [columns], [8], 526 [columns] Half vellum over paper boards, rubbed, worn. Front hinge cracked but holding. Woodcut initials and head and tail pieces. Illus. title pages. Annotations in an early hand on title pages not affecting text. Lacking front endpaper. Small worm hole to margin of title and first few pages. $750.

Rare Belgian Printing of Landmark Text, 1576

128. Justinian, [Flavius Petrus Sabbatius [483-565 A.D.]. Codicis Dn. Iustiniani Sacratissimi Principis Pp. Augusti, Repetitae Praelictionis Libri XII. Antwerp: Philippi Nutii, 1576. [33] fol., 2136 columns, 20, 16 fol. Later buckram with marbled baords. First two leaves repaired with no loss of text, a few edges brittle, occasional worming not effecting text. $650.
* Justinian, Emperor of the Byzantine Empire, is known for his Institutes, Digest, Code, and Novels. These works later became known collectively as the Corpus Juris Civilis, and have preserved much earlier Roman law which would otherwise have been lost and powerfully influenced legal thinking for many centuries. This is a very rare sixteenth century Belgian printing of the foremost legal text of the middle ages.

Before Ellis Island

129. Kapp, Friedrich [1824-1884]. Immigration, and the Commissioners of Emigration of the State of New York. New York: The Nation Press, 1870. Frontispiece, five plates, one double-page plan. [2], iii, [1], 5-241 pp. Contemporary half-calf, rebacked with buckram, original labels preserved. Ex-library. Binding soiled, some wear, tiny tear to frontispiece and title-page repaired. Internally very good. $200.
* First edition. Neither the extent nor the value of [Kapp’s] historical writings have yet been sufficiently appreciated. His researches were based chiefly upon manuscript sources and his writings are characterized by their realism and humor. The work described above is a history of pre-Ellis Island immigration to New York. The place of disembarkation at the time was called Castle Garden. Sabin 37099.

Outspoken Views on Famous Adultery Trial

130. [Kenrick, William]. [1725?-1779]. Free Thoughts on Seduction, Adultery, and Divorce. With Reflections on the Gallantry of Princes, particularly those of the blood-royal of England. Occasioned by the late intrigue between His Royal Highness the Duke of Cumberland, and Henrietta, wife of the Right Honourable Richard Lord Grosvenor. Also remarks on the trial at law, between his Lordship and his Royal Highness, in consequence of that illicit amour, with observations on the depositions since taken, in the cause depending in Doctors-commons, between Lord Grosvenor and his Lady. London: Printed for J. Bell, 1771. [3], 293, [5 p. publisher’s catalogue] pp. Original full law calf moderately worn, raised bands, red leather lettering piece, gilt. Hinges just starting. Very well preserved. $750.
* First edition. Kenrick was a journalist and playwright known for his inflammatory writings and his attacks on Goldsmith, Boswell and Johnson. Here he points his poisoned pen at the trial regarding the adulterous relationship between the Duke of Cumberland and the wife of the Right Honourable Richard Lord Grosvenor. A unique work for its time in its strongly stated opinions and use of language about sex, adultery and divorce. In 1773 Kenrick published the first English dictionary to include pronunications. DNB XI:16-18.

James Kent’s Signatures

131. Kent, James [1763-1847]. Autograph document signed. One page. 6" x 7-1/2". Supreme Court [New York], 17 February 1803. Small piece excised at top of document, else fine. $300.
* Kent as Judge of the Supreme Court lends his signature to a peace bond between Ephraim Wilcox and James Manning.

Kent Issues a Stay

132. Kent, James [1763-1847]. Chief Judge New York Supreme Court (1798-1823), Chancellor, New York Court of Chancery (1804-1823). Autograph document signed. One page. 6-1/2" x 7-3/4" Supreme Court [New York], 6 July 1802. Tear repaired, foxed, else very good. $250.
* Kent issues a stay in the case of Thomas Hatton Jr. v. Harrnames M. Ehile - “Let all proceedings in this cause be stayed till the order of the court herein.”

Kent Graciously Refuses

133. Kent, James [1763-1847]. Chief Judge New York Supreme Court (1804-1823), Author of Commentaries on American Law. Autograph Letter Signed. 5-7/8" x 7-5/8". November 1827. Tear repaired, marginal hole not affecting text, some minor discolorations, else very good. $750.
* To Elkana Watson (noted American businessman and agriculturist; sponsored the first American county fair). A fine letter regarding the plan for the institution of agricultural societies. Kent thanks him “for the perusal of your plan for the more general institution of agricultural Societies.... The object is noble & patriotic, & well worthy of public attention.... I am not qualified to take part in such pursuits, & besides the great and very responsible duties of my office demand & receive sole attention.”

An Uncommon Nineteenth Century Edition

134. Kent, James. [1763-1847]. Commentaries on American Law. Ninth Edition. Boston: Little, Brown and Company, 1858. Four volumes. 8, xxxiv, 687; lxxii, 877; lv, 662; xlvii, 709pp. Contemporary calf, red and black spine labels, gilt. A few chips to edges here and there, else a very solid, well-preserved, handsome copy. Library stamp of “J.B. Hubbard” with his signature and “Hallowell, Maine” in some volumes suggest that these volumes are almost certainly from the library of John Hubbard, the governor of Maine who signed the famous prohibition law of 1851, the “Maine Law.” $1,000.
* Ninth edition. All nineteenth century editions are uncommon. Kent was greatly influenced by Blackstone and modeled his work on Blackstone’s Commentaries. These four volumes comprise America’s first legal classic and continue to exercise great influence on law today. Sabin, A Dictionary of Books Relating to America 37473. Cohen, Bibliography of Early American Law 5406. Catalogue of the Library of the Law School of Harvard University (1909) I:1088.

Early New York City Charter

135. Kent, [James]. The Charter of the City of New York, with Notes thereon. Also, A Treatise on the Powers and duties of the Mayor, Aldermen, and Assistant Aldermen, and the Journal of the City Convention. New York: Printed by Childs and Devoe, 1836. vii, [3]-370, [1] pp. Original cloth, rebacked, printed paper label. Pencilled noted on verso of errata leaf. $350.
* Early New York City charter, annotated by James Kent. HLC I:1088.

The Most Influential Economic Treatise of This Century

136. Keynes, John Maynard. The General Theory of Employment Interest and Money. London: Macmillan and Co., Limited, 1936. xii, 403 pp. Original publisher’s cloth with gilt spine. Very good. $950.
* First edition of the most influential economic treatise of this century. Few would dispute the main theses of this epoch-making work, or could imagine the furor of disagreement aroused by its first appearance. That national budgets are major instruments in a planned economy, that financial booms and slumps are controllable by governments rather than by laissez-faire is now a universally officially accepted doctrine. Roosevelt’s “New Deal” was the first important application of Keynsian doctrines. Printing and the Mind of Man, 423. Cited in April 1999 as among the 100 best nonfiction books of the century, as chosen by the editorial board of the Modern Library.

Helped Lay the Foundation of Modern Legal Theory

137. Kitchin, John. Jurisdictions: Or, The Lawful Authority of the Courts Leet, Courts Baron, Court of Marshalseyes, Court of Pypowder, and Antient Demense.... London: Printed by Hen. Twyford and Sam Herick, 1675.[Bound with] Richard Antrobus and Thomas Impey. Brevia Selecta; or, Choice Writs Being a Collection of Divers Special Writs Not Taken Notice of in the Writ-Books.... London: Printed for Henry Twyford, 1675. [4], 581,[13]; [2], 122, [5] pp. Contemporary calf, raised bands. Spine cracked but secure with some loss at base. Notations in early hand to last flyleaf. Slight worming to edges of a few leaves. Withal a desirable copy. $750.
* The fifth and last edition, corrected and enlarged, with two tables. By differentiating the previously undivided court, Kitchin, along with Coke, helped lay the foundations of modern legal theory. “In fact Kitchin was doing on a small scale what Coke was doing on a grand scale. Both were representatives of that school of literate Elizabethan lawyers...whose great and enduring work was the adaption of medieval law and institutions to modern needs. Imagination necessarily played some part in this process of adaptation; and thus they are responsible not only for the enunciation of the rules of modern law, but also for legal and historical theories, the soundness of which was considered by many generations of lawyers and historians to be as incontestable as their statements of law.” Holdsworth IV:130. S&M I:401(31) & 262(8).

The Final Edition

138. Kitchin, John. Jurisdictions: or, the Lawful Authority of the Courts Leet, Courts Baron, Court of Marshalseyes, Court of Pypowder, and Antient Demense.... London: Printed by J. Streater, 1663. [Bound with] Richard Antrobus and Thomas Impey. Brevia Selecta; or, Choice Writs Being a Collection of Divers Special Writs Not Taken Notice of in the Writ-Books.... London: Printed by J. Streater, 1663. 16mo. [4], 581, [15]; [4], 122, [5] pp. Contemporary calf. Rebacked, raised bands. Foxing. A few annotations. A good copy. $400.
* The fourth edition, corrected and much enlarged. By differentiating the previously undivided court, Kitchin, along with Coke, helped lay the foundations of modern legal theory. “In fact Kitchin was doing on a small scale what Coke was doing on a grand scale. Both were representatives of that school of literate Elizabethan lawyers...whose great and enduring work was the adaption of medieval law and institutions to modern needs. Imagination necessarily played some part in this process of adaptation; and thus they are responsible not only for the enunciation of the rules of modern law, but also for legal and historical theories, the soundness of which was considered by many generations of lawyers and historians to be as incontestable as their statements of law.” Holdsworth IV:130. S&M I:401(31) & 262(8).

On Gavelkind

139. Lambarde, William [1536-1601]. A Perambulation of Kent. Conteining the Description, Hystorie, and Customes of that Shyre. Chatham: W. Burrill, 1826. Octavo. Frontispiece, map. [4], xvi, 538 pp. Half-calf over marbled boards, gilt, raised bands. Rubbed, upper joint just starting but secure. $350.
* The Perambulation of Kent is among the earliest and most famous of English county histories. The section on the customs of Kent includes much valuable information regarding gavelkind. Lambarde is also the author of an important early work on Anglo-Saxon law and a manual for justices of the peace. S&M I:426(86). HLC I:1113 (1st edition). Marvin 444 (1656 edition).

1854 Land Patent

140. [Land Patent]. Signed Document Reassigning Bounty Land Originally Granted for Military Service. Washington, D.C.: General Land Office, April 1, 1854. One vellum sheet, folded. 9-3/4" x 15-3/4. Red wax seal. Very good. $250.
* Signed by the Recorder of the General Land Office, authorizing the transfer of 80 acres in Michigan from a former private in the War of 1812.