 |
Explicit Accounts of Divorce Cases Involving Impotence
and Debauchery Published by Infamous Grub-Street Publisher
40. Abbot, George [1562-1633], and Others.
The Case of Impotency, As Debated in England, In That Remarkable
Tryal, 1613, Between Robert Earl of Essex, And the Lady Frances
Howard, Who, After Eight Years Marriage, Commenc’d a Suit Against
Him for Impotency. Containing I. The Whole Proceedings and Debates
on Both Sides. II. The Report of the Seven Matrons Appointed to
Search the Countess. III. The Intrigue Between Her and the Earl of
Somerset, Who After the Divorce Married Her. IV. A Detection of Some
Politicks in the Court of King James the First.
[i], [viii], 192 pp. Copperplate frontispiece.
[and]
[Curll, Edmond [1675-1747], Probable Author].
The Tryal of Mervin Lord Audley, Earl of Castlehaven, For a Rape and
Sodomy. Also the Proceedings Between the Duke of Norfolk and His
Dutchess.
324 pp.
London: Printed for E. Curll, 1719. Two volumes in one, each with
title page and individual pagination. 12mo. (4" x 6"). Later
three-quarter calf over marbled
boards,
raised bands, gilt ornaments and lettering pieces to spine, marbled
endpapers. Light rubbing to boards, and extremities, noticeable wear
at spine ends, hinges starting. Toning to some leaves, interior
otherwise fresh. $1,500.
* Third edition of a work first published in 1715. Curll was
Grub-Street hack who specialized in soft-core pornography covered in
thin veneers of law or theology. Assembled from a collection of
sources, including an opinion by Abbot, the Archbishop of
Canterbury, the first part details the colorful Essex divorce. The
trial was brought by Lady Essex, who asked for a divorce because she
claimed her husband was impotent. This false claim, which ultimately
prevailed in court, turned out to a plot between her and her lover,
the Earl of Somerset. Colorful in itself, the trial had additional
attractions, such as an explicit discussion of the Earl and Lady’s
genitalia and the Earl’s claim that Lady Essex employed witchcraft.
A copy of the divorce is included, along with a section taken from
Arthur Wilson’s History of King James. Considerably more
graphic than the first, volume II involves a debauched nobleman who
enjoyed bisexual relations with his servants. Also a voyeur and
connoisseur of sexual violence, he would often order servants to
rape his wife. In some cases he would assist the assailant by
holding her down. This is a highly embellished account. OCLC locates
12 copies of this edition. BMC 1:30. 

Classic Legal Satire
41. [Anstey, John.]
The Pleader’s Guide: A Didactic Poem, in Two Parts: Containing the
Conduct of a Suit at Law, with the Arguments of Counsellor Bother’um
and Counselor Bore’um, in an Action Betwixt John-a-Gull and
John-a-Gudgeon, For Assault and Battery, at a late Contested
Election.
London: Printed for T. Cadell and W. Davies, 1803. vii, 212, [1] pp.
Octavo (5-1/2" x 8"). Recent quarter calf over marbled boards,
lettering piece to spine, internally clean. A very nice copy. $175.
* Third edition of a work first issued in 1796. Anstey (died 1819),
English poet and lawyer, second son of poet Christopher Anstey;
barrister of Lincoln’s Inn. In his History of English Law
(vol. xiii:460-463) Holdsworth relates that the law of procedure and
pleading gave rise to a certain amount of humorous and satirical
literature. The Pleader’s Guide, the first part of which was
originally published in 1796, satirizes with considerable wit both
the common lawyers and their procedure as well as the civilians and
their procedure. The second part of the book deals more especially
with pleading, the conduct of cases
in court. Holdsworth thought enough of this work to give over four
pages to its discussion and citation. This edition not in Sweet &
Maxwell. 

Great American Law Reviews
42. Berring, Robert C., and Salley Gunderson, Editors.
Great American Law Reviews.
Birmingham:
The Legal Classics Library, 1984-1990. Three volumes. Calf, raised
bands, decorative gilt stamping, all edges gilt, ribbon markers,
marbled endpapers. Fine. $300.
* Volume I edited by Berring; Volumes II and III edited by Berring
and Gunderson. Collection of articles reprinted from various
American law reviews from 1890 to 1979. Includes bibliographical
references. All of the articles have had an impact on the law. Some
of these are theoretical, others practical. Volume I contains
twenty-two articles including Warren & Brandeis’ “The Right to
Privacy,” Leach’s “Perpetuities in a Nutshell” and others by
Frankfurter, Holmes, Fuller, Prosser and Llewellyn. Volume II runs
the gamut of political viewpoints ranging from Judge Bork’s “Neutral
Principles and Some First Amendment Problems,” which is considered
to be a litmus test when judging one’s approach to the Constitution,
to Professor Kennedy’s “The Structure of Blackstone’s Commentaries,”
a basic document of the Critical Legal Studies Movement. Volume III
contains such seminal essays as, “Studying the Exclusionary Rule in
Search and Seizure” by Dallin H. Oaks and “Strict Tort Liability of
Manufacturers” by John W. Wade. 

Final Edition with Blackstone’s Corrections, Eller 14
43. Blackstone, Sir William [1723-1780]. Burn, Richard [1709-1785],
Editor.
Commentaries on the Laws of England, in Four Books. With the Last
Corrections of the Author; And Continued to the Present Time.
London: Printed by A. Strahan and W. Woodfall, 1783. Four volumes.
Copperplate portrait frontispiece of Blackstone (Volume I), “Table
of Consanguinity” and fold-out “Table of Descents” (Volume II).
Octavo (5" x 8-1/4"). Contemporary speckled calf, gilt fillets and
lettering pieces to spines. Light rubbing and some scuffing to
boards, corners bumped and lightly worn, chip to head of Volume IV,
joints rubbed, some starting, front board of Volume I partially
detached but quite secure, vertical crease through center of spine
of Volume II, hinges cracked or starting. Early armorial bookplate
to each front pastedown. Offsetting to margins of endleaves, minor
wear to top edge of fold-out table, interior otherwise fresh. Withal
an attractive unsophisticated set. $2,000.
* Ninth edition, the first edition published after Blackstone’s
death, edited by Burn, an attorney and notable legal writer. Richard
Burn’s Advertisement in vol. I, dated July 20, 1783, states: “The
alterations...since the publication of the last edition, were made
by the author himself, as may appear from a corrected copy in his
own handwriting...The editor...[has noted] alterations made by
subsequent acts of Parliament.” Concerning this edition, W.G.
Hammond wrote in 1890, “Most of the current editions are printed
from the ninth...published in 1783...edited by Ric. Burn.” OCLC
locates 46 copies. Eller 14. 

Important Seventeenth-Century Commentary on the Code
44. Brunnemann, Johannes [1608-1672].
Commentarius in Codicem Justinianeum Quo Singulae Leges &
Authenticae, Breviter & Succincta Explicantur, Quaestiones in
Academiis & Foro Frequentatae Resolvuntur, Axiomata ab Interpretibus
Subinde Proposita Examinantur, & Alia ex Ipsis Textibus Notabilia
Eruuntur, Quaeque Alias ad Analysin Pertinent, Per Compendium Quasi
Dilucide Traduntur. Inserto Hinc Inde, Quid de Jure Tam Cummuni
Novissimo, Quam Saxonico, Nec Non Marchico, Aliisque Provincialibus
Juribus, Obsineat. Opus Theoretico-practicum Cui Praeter Indicem
Rerum et Verborum Locupletissimum Accessit ex Ejusdem Auctoris
Commentario ad Pandectas, Notabilium, Quae Circa Leges Affines Inibi
Commentatus Est, Continua Allegatio. Ab Innumeris Mendis Repurgata;
Novis ac Necessariis Additionibus, Utet Summariis Denuo Largiter
Aucta. Naples: Expensis Antonii Cervonii, 1778-1779. Four
volumes. Quarto (7" x 9-1/2"). Contemporary vellum, gilt-stamped and
hand-tinted titles to spines, speckled edges. Rubbing with some wear
to spine ends and corners, some darkening (staining?) to top edges
of front boards of Volumes III and IV, chip to head of Volume IV,
boards slightly bowed. Attractive woodcut head-pieces and decorated
initials. Minor worming to a few leaves with no loss to text. Light
foxing, internally clean. An attractive, scarce set. $1,500.
* First Neapolitan edition. First published in 1663, this is a
comprehensive commentary on the Code. Also a comparative
work, Brunnemann also relates parts of the Code to the laws
of Brandenburg and Saxony. Like his commentary on the Digest,
its value was recognized almost immediately throughout Europe and it
went through several editions, the final appearing in Loretto, Italy
in 1839-1843. Commissioned by the Emperor Justinian in 530 CE, the
body of writings known collectively as the Corpus Juris Civilis
preserved and restated all existing Roman law. It is divided into
four books, the Institutes, Digest, Code and
Novels. The Code contains the laws in force during
Justinian’s reign. It is divided into 12 books. Book 1 deals with
ecclesiastical law, the sources of law, and the duties of high
officials. Books 2-8 deal with private law. Book 9 deals with
criminal law. Books 10-12 deal with administrative law. Like the
other sections of the Corpus Juris Civilis, its significance
to the development of European law is immeasurable. KVK locates 3
copies of this edition, 44 of all editions. This edition not in the
BMC ADB 3:445-446. 

War Crime Trial Concerning the Murder of POWs
45. Cameron, John, Editor.
Trial of Heinz Eck, August Hoffmann, Walter Weisspfennig, Hans
Richard Lenz and Wolfgang Schwender (The Peleus Trial).
With a
Foreword by Sir David Maxwell Fyfe. London: William Hodge and
Company, [1948]. li, 247 pp., [17] leaves of plates, portraits,
folded map. Original cloth, minor shelfwear, some fading to spine,
small stain to rear board, internally clean. $125.
* A volume in the War Crimes Trials Series. The officers of
U-Boat 852 were tried by a mixed British and Greek war crimes court
in Hamburg in 1945 for killing the surviving members of the crew of
the Peleus, a Greek merchant ship under charter to the
British War Transport Ministry. Heinz Eck, the commanding officer,
was sentenced to death. (He was the only U-Boat commander who was
convicted as a war criminal.) Hoffmann and Weisspfennig were also
sentenced to death; Lenz received life imprisonment; Schwender was
given 15 years. A controversial trial in 1945, it is still debated
today. 

Important Text Book on Canon Law
46. Canisius, Heinrich (Hendrik).
Summa Juris Canonici in Quatuor Institutionum Libros Contracta.
Tertio Recognita, Restituta et Notationibus Illustrata. Accessit
Commentarius in Regulis Iuris Lib. VI. Decret. Item Appendix e
Differentiis Utriusq; Iuris. Cum Gratia & Privilegio Sacrae Caes
Maiest.
Ingolstadt: Ex Typographeo Ederiano Elisabetham Angermarium Impensis
Ioannis Hertzroi, 1615. [xxxii], 672, [64] pp. Octavo (4" x 6").
Contemporary vellum, blind rules and early hand-lettered title to
spine, green edges, faint early hand-lettered title to top edge.
Negligible edgewear, tiny scrape to spine, boards slightly bowed,
vellum just beginning to crack through pastedowns. Attractive
woodcut head-pieces, tail-pieces and decorated initials. Small early
scratched-out signature to title page. Light foxing to a few leaves,
interior otherwise fresh. A well-preserved copy. $650.
* Third edition. First published in 1594, this important text book
on canon law follows the pattern of Justinian’s Institutes.
Summa Juris Canonici is Canisius’s principal work. It went
through several editions and issues into the eighteenth century. KVK
locates 7 copies of this edition. This edition not in the BMC
or the Canon Law Collection. ADB 3:749. 

Signed By Benjamin Cardozo
47. Cardozo, Benjamin N. [1870-1938].
What Medicine Can Do For Law.
New York: Harper & Brothers, 1930. Original three-quarter cloth over
paper boards, negligible shelfwear, internally pristine. “Benjamin
N. Cardozo” in bold hand to front free endpaper. $800.
* First edition, with Cardozo’s full signature on preliminary leaf.
“This noteworthy address, with its appreciation of the scientific
problems involved, its courage and social vision, will go down in
history as one of the most valuable contributions in our time to
medico-legal jurisprudence.”: Shientag, Moulders of Legal Thought
39 cited in Marke, A Catalogue of the Law Collection at New York
University (1953) 717. 

Scarce Treatise on the Roman Law of
Usufruct by Distinguished Spanish Canonist
48. Castillo Sotomayor, Juan del [1560-1640].
Tractatus Controversiarum Iuris Quotidianarum de Usufructu in Quo
Singulariter tam Theorice, Quam Practice Universa Eiusdem Materia,
Quaestiones, & Dubia Traduntur, Enucleantur, & Resoluuntur. Additis
in Fine CCLX. Assertionibus Iuris, Et Totidem Altercationum Seu
Quaestionum Resolutionibus Verioribus. Et in hac Veneta Impressione
Novissima Accesserunt Additiones in Corpore Eiusdem Tractatus
Insertae, Cum Novo Elencho Argumentorum. Cum Suo Indice
Locupletissimo, & Speciosisimo Rerum, & Materiarum.
Venice: Apud Turrinum, 1645. [xii], 348, [28] pp. Folio (8-1/2" x
12"). Contemporary vellum, raised bands, early hand-lettered title
to spine. Minor staining and rubbing to extremities, repairs to
corners, boards slightly bowed, minor worming to gutter near head of
text block, partial crack between front endleaf and title page.
Title page with large device printed in red and black, woodcut
head-pieces, tail-pieces and decorated initials. Toning in a few
places, rest of interior notably fresh. Early owner signature in
fine hand to title page. A nice copy of a scarce title. $750.
* Later edition. First published in 1609, this treatise on the Roman
law on the right to use the property of another (usufruct) went
through several editions and issues in Italy, Spain, France and
Germany. According to the title page, this Venetian imprint has
unique additions. Complete in itself, this became the first part of
a two-volume set when an additional volume was published by Turrinum
in 1646. Castillo Sotomayor was a distinguished Spanish canonist.
KVK locates 1 copy of this edition, 16 of all editions. Not in the
BMC. 

Uncommon 1837 English Treatise on Election Law
49. Chambers, John David.
A Complete Dictionary of the Law and Practice of Elections of
Members of Parliament: and of Election Petitions and Committees, for
England, Scotland, and Ireland: Compiled from the Journals, Reports,
Treatises, Minutes, and Statutes, from the Earliest Period to the
Present Time.
London: Saunders and Benning, 1837. vi, xxix, [2], 719 pp. Octavo
(5" x 8"). Contemporary calf, blind rules to boards, raised bands
and lettering piece to spine. Rubbing to extremities and spine,
front joint starting, rear joint cracked but secure, hinges
starting. Early bookplate to front pastedown. Offsetting to margins
of endleaves, internally fresh. $250.
* Sole edition. This title reflects the changes effected by the
Reform Bill of 1832, which expanded male suffrage and introduced
voter registration. “The experience of five years [as Revising
Barrister] has convinced him that a [detailed book on election
laws]...would, from the facility which it affords for immediate
reference, and the juxtaposition in which it places all authorities
and decisions on questionable points, be of the utmost utility to
all who are concerned in elections in the Three Kingdoms, whether
Candidates or Members, Counsel, Agents, Returning Officers, or
Voters, and whether in the Registration Courts, at the Poll, or
before Select Committees.”: Preface iii. OCLC locates 11 copies, 7
in the United States. Sweet & Maxwell 2:59. 

A Seventeenth-Century Plan to Reform English Law
50. [Chamberlayne, Edward (1616-1703)].
Englands Wants: Or, Several Proposals Probably Beneficial for
England, Humbly Offered to the Consideration of All Good Patriots in
Both Houses of Parliament. By the Author of The Present State of
England.
London: Printed for, And Are to be Sold By, Randal Taylor, 1685. 38
pp. Quarto (5-1/2" x 7-1/2"). Stab-stitched pamphlet bound into
later period-style three-quarter calf over marbled boards, raised
bands and gilt titles to spine. Light rubbing with minor wear to
extremities. Faint dampstaining to a few leaves. “19” in fine hand
to head of title page, early annotations to verso, early check marks
to a few passages, interior otherwise clean. $450.
* Second edition. First printed in 1667, Chamberlayne’s pamphlet
proposed seventy-five reforms to the legal system, most notably in
property law. Chamberlayne, an English nobleman and diplomat, is
best known as the author of The Present State of England
(1669). He held an LL.D. from Cambridge and a D.C.L. from Oxford.
OCLC locates 19 copies of this edition, 32 of all editions.
Goldsmiths’ 2590. 

The First Italian Edition of the Code Napoleon
51. [Code Napoleon].
Codice di Napoleone: Il Grande pel Regno d’Italia.
Milan: Dalla Reale Stamperia, 1806. xxiv, 524 pp. 12mo. (4" x 6").
Contemporary tree calf, lettering piece and gilt ornaments to spine,
rouged edges. Moderate rubbing to extremities, chipping to foot of
spine. Occasional light foxing, faint dampstaining in a few places.
Early owner siganture (of Antonio San Pietro) to front pastedown,
interior otherwise clean. $750.
* Italian and French in parallel columns. This is the first official
Italian edition of the Code Napoleon. (Pirate editions were
published the same year in Florence and Naples.) Renamed the Civil
Code after the Bourbon restoration, it is still in force. It also
served as the model for the legal codes of more than twenty nations
throughout the world, including the Italian Civil Code (1865). There
is some variety in the format, size and pagination of the 1806 Milan
edition. KVK locates 4 copies with the same collation as our copy.
Another was located at the Library of Congress. This edition not in
the BMC. 

A Landmark in Humanistic Legal Scholarship
52. Cujacius, Jacobus (Cujas, Jacques) [1522-1590].
Observationvm et Emendationvm Libri XXIIII. Quibus Multa in Iure
Corrupta & Non Intellecta Restituuntur. Eiusdem de Origine Iuris ad
Pomponium Commentarius. Accesserunt Praeterea Indices Duo Copiosi,
Legum Unis, Alter Verborum & Rerum, Sententiarumque Insignium.
Cologne: Apud Ionnem Gymnicum, Sub Monocerote, 1591. [xcvi], 1231
pp. Folded table lacking. Octavo (4-1/2" x 6-3/4"). Contemporary
deerskin, raised bands, clasps lacking. Some rubbing with wear to
corners, a few tiny worm holes, front joint starting near head.
Attractive woodcut printer device, decorated initials, head-piece
and tail-piece. A few splits to text block, minor worming, clean
tears to two leaves with no loss to text. Later annotations (one
dated 1683) in fine hand to front free endpaper, title page and a
text leaf. Occasional light foxing and browning, faint dampstaining
to final quarter of text block, interior otherwise fresh. $1,500.
* Includes topic and title indexes. Cujacius was a professor of law
at the universities of Cahors, Bourges, Valencia and Turin. He was
the preeminent authority on Roman law in his day and one of its most
important scholars. He recovered and published the Codex
Theodosianus and the Basilica and published several
commentaries and editions. “He is the outstanding representative of
humanism in Roman law. The glossators had studied Roman law as it
stood at Justinian’s death and the commentators, or Bartolists, had
used their comprehensive knowledge of Justinian acquired by the
glossators as the basis of a systematic science, but as their was
practical they introduced non-Roman elements into the civil law and
adapted it to contemporary needs. The school of Cujas viewed the
Roman texts as historical documents, interpreting them in the full
setting of ancient history and literature. A consummate master of
jurisprudence, philology and history, Cujas may claim to be the
greatest legal scholar of all time” (Zulueta). The Observatione
et Emendationum Libri XXVIII is a great collection of restored
Roman legal texts. The first volume appeared in 1556. Cujas
published 23 more volumes during his lifetime; the final four were
produced posthumously. This volume is an edition of the Liber
Singularis Enciridee, a history of legal sources and
jurisprudence by Pomponius (Second Century CE). Zuluetta, “Cujas,
Jacques” in Seligman and Johnson, Ed., Encyclopedia of the Social
Sciences III:617. Adams, C3942. 

Disputed Elections in Massachusetts
53. Cushing, Luther S. [1803-1856], Compiler.
Reports of Contested Elections, in the House of Representatives, of
the Commonwealth of Massachusetts; from 1780 to 1834, Inclusive:
Compiled From the Journals, Files, and Printed Documents of the
House, in Pursuance of an Order Thereof, and Under the Direction of
a Committee Appointed for the Purpose.
Boston: Dutton and Wentworth, 1834. xv, 282 pp. Octavo (5-3/4" x
9"). Contemporary sheep, blind frames to boards, lettering piece and
blind fillets to spine. Slight bowing to boards, some rubbing with
light wear to extremities, a few minor scuffs and stains to boards,
chipping to foot of spine, joints starting. Crack between front free
endpaper and title page, occasional light foxing. Early owner
signature to title page, interior otherwise
clean. $200.
* With a table of cases. “It has not been considered, by the
committee, to be their duty...to make any selection of the cases to
be published...but merely to direct the manner of their publication.
So far as it has been found practicable, therefore, all the cases of
that description have been reported, either briefly or in detail,
according to their nature and importance. Some of the earlier
decisions, though of no value, as precedents, have been shortly
stated, for the purpose of showing the mode of proceeding, in use at
the time.”: Advertisement [v]. The author of the classic Manual
of Parliamentary Procedure, Cushing was the clerk of the
Massachusetts House of Representatives. Cohen 14390.75. 

Distinguished Commentary on De Regulis Juris
54. Decio, Filipo [1454-1536 or 7]. [Jeronimo Cucalon (16th
Century), Gabriello Saraina (16th Century)].
In Tit. Ff. De Regulis Iuris
[Juris], Cum Additionibus D. Hieronymi Cuchalon Hispani,
Unaque Recens Analyticis Adnotationibus D. Gabrielis Saraynae
Iuriscon. Veronensis, in Communem Cuiusliber Causidici Iurisque
Studiosi Utilitatem. His Accessit Postrema Editione Index, Multo
Quam Anrtea, Locupletior.
Cologne: Apud Ioannem Birckmannum & Theodorum Baumium, An. 1570.
[xlvi], 664 pp. Octavo (4" x 6"). Contemporary vellum with lapped
edges, early hand-lettered title to spine, ties lacking, text block
somewhat loose near foot. Some minor stains and discoloration,
“2A22” in faint tiny later hand to head of front board, front free
endpaper lacking, title page (with woodcut printer device) partially
detached but secure. Partial crack near center of text block, wear
and chip to fore-edge of title page with no loss to text. Soiling to
title page, light toning to text, negligible foxing to a few leaves.
“2A22” in small recent hand to head of title page, interior
otherwise clean. $1,000.
* Later edition. “De Regulis Juris Antiqui,” Book 50, Title 17, is
the section of the Digest that discusses significant
pre-Justinianic legal maxims. It inspired numerous commentaries.
That of Decio, an important and widely traveled Italian jurist,
professor of civil and canon law and auditor of the Rota Romana, is
one of the most important and popular. This edition contains
commentaries by two jurisconsults: Cucalon, a Spaniard, and Saraina,
a Veronese. KVK locates 2 copies of this edition, 60 copies of all
editions. This edition not in Adams or the BMC. 

55. Dickson,
Lance E., Introduction.
Treatise of
Feme Coverts: Or the Lady’s Law.
London: E.
and R. Nutt and R. Gosling, 1732. ix, 264, 16 pp. Reprint. Buffalo:
W.S. Hein, 1974. Cloth. New. $48.
* Lance Dickson’s new introduction to this reprint provides a
history of the original work, noting that it was written primarily
for the married woman, to inform them of their legal rights and
privileges. Additional historical references add value to this
reprint edition. 
56. Douglas,
William O. [1898-1980].
A Living Bill
of Rights. Drawings by Douglas Gorsline.
Garden City,
NY: Doubleday & Company, Inc., 1961. Illustrated. 72 pp. Cloth. Gift
inscription on front free endpaper, else very good, in very good
dust jacket. $35. 
57. Durran,
William.
The Lawyer:
Our Old-Man-of-the-Sea.
Foreword by R.F. Fulton. London: Kegan Paul, Trench, Trubner and
Company, 1913. Original cloth, gilt titles to front board and spine.
Binding slightly cocked, light rubbing, minor scuff to rear board,
spine ends bumped, some wear to corners. Owner signature to front
free endpaper, interior otherwise
clean. $85.
* Trenchant criticism of the legal systems of England, India and the
United States.  |
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