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Significant Early American Law Dictionary

8. Anderson, William C. A Dictionary of Law, Consisting of Judicial Definitions and Explanations of Words, Phrases, and Maxims, and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence. Chicago: T.H. Flood and Company, 1893. viii, 1140 pp. Quarto (7" x 10"). Original law calf, well-preserved, black lettering pieces, a few minor scuffs, joints and hinges skillfully reinforced. Owner name and annotation to front free endpaper and followiing endleaf, text bright and clean. A very desirable copy. $500.
* A significant early American law dictionary that preceded Black’s by two years. Black in fact acknowledged his debt to Anderson in the preface of his first edition, and a comparison of entries reveals many instances of similar if not identical language, though both lexicographers have drawn freely from previous works. Anderson’s Dictionary is heavily referenced, citing countless cases, treatises and other sources. Moreover, many entries such as “citizen” and “law” receive extended treatment. Anderson gives judicially framed definitions whenever possible to illustrate the application of judicial principles. Preferred spellings and the correct pronunciation of often mispronounced words are included, as are Latin and Norman-French terms, and brief biographies of prominent jurists such as Blackstone, Kent and Story. Anderson’s Dictionary remains an authoritative legal reference. Catalogue of the Library of the Harvard Law School (1909) I: 50.

Wendell’s 1847 Blackstone Edition

9. Blackstone, Sir William [1723-1780]. Commentaries on the Laws of England: In Four Books; With an Analysis of the Work. With the Last corrections of the Author, and Notes From the Twenty-First London Edition. With Copious Notes Explaining the Changes in the Law Effected by Decision or Statute Down to 1844. Vol. First, by J.F. Hargrave, Vol. Second, by G. Sweet, Vol. Third, by R. Couch, Vol. Fourth by W.N. Welsby. Together With Notes Adapting the Work to the American Student by John L. Wendell. New York: Harper and Brothers, 1847. Four vols. Octavo (6" x 9"). Original law calf worn and scuffed with some cracking to spines, blind-stamped decorative rules, recent black lettering pieces. Joints expertly repaired. Small bookplates to front pastedowns, sporadic foxing throughout. A handsome set. $1,000.
* Paging irregular, following Blackstone’s paging in margin. Also includes additional notes by Joseph Chitty and Edward Christian that are indicated by their surnames. Wendell’s notes are starred. Volume One includes “Life of the Author” extracted from Clitherow’s preface to Blackstone’s Reports (1781), with revisions by Sweet. Volume Two contains a “Table of Consanguinity” and two fold-out “Table[s] of Descents.” The analysis of the contents at the beginning of each volume is taken from the third edition of Blackstone’s Tracts (1771). Not in Eller, an 1854 reprint of this edition (see footnote to 106). Eller, The William Blackstone Collection in the Yale Law Library 106. Catalogue of the Library of the Law School of Harvard University (1909) I: 189.

Limited Edition of Important Printing Decree

10. [British Law]. A Decree of Star Chamber Concerning Printing. Made July 11, 1637. Reprinted by the Grolier Club From the First Edition by Robert Barker, 1637. [New York: The Grolier Club, 1884]. [88] pp. Octavo (6" x 9"). Paper wrappers in attractive dust jacket with decorative gilt stamping, some wear and fading to spine, light stain and small smudge to rear cover, deckle fore and bottom edges. Full-color Grolier crest to title page, engraved ornaments, decorative initials, head and tail-pieces. Small owner signatures to verso of front wrapper and front endleaf, initials to title page. Internally clean. Quite appealing. $500.
* Edition limited to 150 copies printed from type, this number 47. Inspired for the most part by the growing intensity of recent political and religious controversies, this decree prohibited the publication of unlicensed books. Legal books were to be licensed by the two chief justices and the chief baron, books concerning history and politics by the secretaries of state and books of heraldry by the earl marshall. All other titles were to be licenced by the Archbishop of Canterbury and the bishop of London. It stipulated, too, that publications must bear the names of the printer and the author. It also placed strict limits on the importation of books, the number of people engaged in the trade and the manufacture of presses and type. Holdsworth, History of English Law VI: 368-369.

The Most Sensational British Trial of the 1860s

11. [British Trials]. The Yelverton Marriage Case: Thelwall v. Yelverton. Comprising an Authentic and Unabridged Account of the Most Extra-ordinary Trial of Modern Times, With All Its Revelation, Incidents, and Details Specially Reported. Illustrated With Portraits, Views of Localities, Leading Events, and Important Situations. London: George Vickers, [1861]. 191, [1] pp. Includes one-page publisher advertisement. Octavo (5" x 8"). Recently rebound in quarter polished calf over marbled boards, black lettering piece to front. Internally bright, numerous handsome woodcuts. A very attractive copy. $175.
* Unabridged copyright edition. The Yelverton Marriage Case was the most sensational British trial of the 1860’s; it captured the public imagination and even inspired a popular song. Theresa Thelwall and Major W.C. Yelverton were secretly married after a brief and intense courtship. A short time later Yelverton abandoned her and denied the legitimacy of the marriage, claiming that he did not enter into it rationally because Thelwell had seduced him. He had, in effect, been enslaved by her sexual charms. Though she was viewed as an adventuress by polite society, the public viewed her sympathetically as a modern-day Ariadne. Catalogue of the Library of the Harvard Law School (1909) II: 1305.

Coke on the Magna Charta

12. Coke, Sir Edward [1552-1634]. The Second Part of the Institutes of the Laws of England. London: Printed for John Streater, Henry Twyford, Elizabeth Flesher..., 1671. [x], 745, [40] pp. Folio (7-1/2 x 11-1/2"). Newly rebacked with raised bands and red lettering piece over original calf boards, endpapers renewed. Signature to title page and a few brief annotations scattered throughout in fine early hand, four leaves at beginning of text just starting. Attractive woodcut head and tail-pieces. A sound copy. $750.
* Fourth edition. With table, index of maxims and rules and marginal notes. “Ranging over the whole field of law, in comment, report, argument, and decision, the Institutes is a disorderly, pedantic, masterful work in which the common thread is a national dogmatism, tenacious of its continuous self-perpetuating life (Carter and Muir referring to The First Part of the Institutes). “Until he undertook the task, no man since the time of Henry Bracton had attempted to give a complete exposition of English law... A stage had been reached in its history when such an exposition was urgently needed... The statute book was rapidly swelling... Our law stood in peril of declining into a stagnant marsh of detail. From this it was rescued by Coke” (Marke). The Second Part of the Institutes was published by order of the House of Commons after the author’s death. It is an exposition of “many ancient and other statutes.” Upon these statutes Coke gives a continuous stream of learned commentary “wherein he shows how the common law stood before the making of such statutes, whether they are introductory of any new law, or only declaratory of the old [and] what were the causes and ends of their enactment.” “[Coke’s] Commentary upon the Magna Charta, and particularly on the celebrated 29th Chapter, is deeply interesting to the lawyers of the present age, as well from the value and dignity of the text, as the spirit of justice and of civil liberty which pervades and animates the work” (Marvin). Carter and Muir, Printing and the Mind of Man 266. Marke, A Catalogue of the Law Collection at New York University (1953) 35, Marvin, Legal Bibliography (1847) 208. Catalogue of the Library of the Harvard Law School (1909) I: 414. Wing, Short-Title Catalogue of Books Printed in England, Scotland, Ireland, and Wales C4951.

First Edition of Coke’s Reports, Third Part

13. [Coke, Sir Edward (1552-1634)]. Le Tierce Part des Reportes del Eduuard Coke Lattourney General le Roigne, de Diuers Resolutions & Iudgements Donnes auec Graund Deliberation, per les Tresreuerend Iudges, & Sages de la Ley, de Cases & Matters en Ley, Queux ne Fueront Vnques Resolue, Ou Adiudges par Deuant, & les Reasons & Causes des Dits Resolutions & Iudgements, Durant les Tresheureux Regiment de Tresillustre & Renomes Roigne Elizabeth, le Fountaine de Tout Iustice, & la Vie de la Ley. London: In aedibus Thomae Wight, 1602. [35] pp., 91 fols. Octavo (7" x 11"). Original vellum with ties extant. Binding soiled, cracked but secure, signature in early hand to front endleaf, chips and clean tears to several leaves, including endpapers, not affecting text, sporadic light foxing throughout. An appealing volume in an unrestored state. $850.
* First edition. Contains the cases of the Marquee of Winchester, Heydon, Dowtie, Sir William Harbert, Boraston, Walker, Butler and Baker, Ratcliffe, Boyton, Sir George Browne, Rigewaie, Lincoln College, Pennant, Westbie, Deane and Chap. de Norwich, Fermor, Twine and The Case of Fines. Coke was considered to be the greatest legal practitioner of his day. Written between 1572 and 1616, and intended originally for personal use, the Reports are not reports in the conventional sense (or serial volumes) but highly detailed anthologies of precedents organized according to the cases they consider. In each instance Coke assembled a large body of cases, outlined their arguments and explained the reasons for the judgment, using it as a basis for a statement of general principles. They are, in effect, a series of treatises on the points of law adjudged. Taken together, the Reports form the most extensive and detailed treatment of Common Law pleading that had yet appeared. A work of immense authority, it was often cited as The Reports, there being no need to mention the author’s name. His accounts, especially of pleadings, were applauded for both their clarity and usefulness as stylistic models for students. And his selection of cases, cited frequently in subsequent years, has served as the starting point for numerous decisions. He also attracted some powerful enemies, however, principally James I, who was angered by some of his opinions concerning royal prerogative. Coke’s refusal to retract them and apologize to the King led eventually to his removal from the Bench. Marvin, Legal Bibliography (1847) 209-211. Wallace, The Reporters (1882) 165-196. Marke, A Catalogue of the Law Collection at New York University (1953) 23-24. Pollard and Redgrave, Short-Title Catalogue of Books Printed in England, Scotland and Ireland 5499.

14. [Connolly, John A., Compiler]. The Association of the Bar of the City of New York, In the Matter of the Charges Preferred Against Daniel F. Coholan, A Justice of the Supreme Court of the State of New York, By John A. Connolly. Testimony Before Committee on Grievances. [bound with] State of New York, Proceedings of the Committee on the Judiciary of the Senate and Assembly In the Matter of the Investigation Demanded by Honorable Daniel F. Coholan, a Justice of the Supreme Court of the State of New York, in and For the First Judicial District. Albany: J.B. Lyon Company, 1913. Both items preceded by twenty-nine leaves containing newspaper clippings concerning the case. [New York, Published Privately, 1913]. [xxvix], 267, 532 pp. Octavo (5-1/2" x 8-1/2"). Newly rebacked in three-quarter morocco, raised bands, gilt rules and ornaments to compartments, over marbled boards. Top edge gilt, marbled endpapers, frontispiece (of Connolly?). Inscribed by Connolly to Ralph Pulitzer, son of Joseph Pulitzer, founder and editor of The New York World. Ex-New York World library, institution name stamped to leaf. Unique copy. $500.
* In 1906 the New York World launched an investigation into alleged instances of influence peddling and bribery by the Tammany Hall politician Daniel F. Cohalan, a city commissioner of public buildings who later became a New York State Supreme Court Justice. They engaged the services of John A. Connolly, a contracter seeking municipal contracts in the city, to see if this was indeed the case. Connolly later confirmed this to be true. And after Cohalan was indicted in 1913, by which time he had joined the state supreme court, Connolly wrote a series of articles about his experiences for the World that were published during the trial. This volume was produced by Connolly as a souvenir of the case. His articles are pasted to the first twenty-nine leaves; transcripts of Coholan’s hearings follow.

1873 Compendium of Maritime Law

15. Dixon, Francis B. The Law of Shipping, and Merchants’ and Shipmasters’ Guide. 3rd. ed. New York: Henry Spear, 1873. viii, 699, 95 pp. Handsome modern quarter calf over cloth, red and black lettering pieces, endpapers renewed. Sporadic foxing, light browning to a few leaves. A solid copy. $350.
* Third edition. A compendium of shipping law intended for individuals involved in the merchant marine. Organized by topic as a series of questions and answers, this volume offers a thorough overview of the rights and obligations of owners, officers and seamen. The appendix includes the text of the Shipping Act of June 7, 1872, revised rules for dunnaging and samples of relevant legal forms. This fascinating volume offers unparalled insights into everyday applications of maritime law during the golden age of sail. Catalogue of the Library of the Harvard Law School (1909) I: 561 (citing first edition).

1898 New York State Local Officers’ Manual

16. Gilbert, Frank [1867-1927], ed. State of New York Town and County Officers’ Manual, Containing All Laws Relative to the Affairs of Towns and Countiews, and the Powers and Duties of Town and County Officers, Including the Town law, The Highway Law, The County Law, The General Municipal Law, Complete, and Such Parts of the Tax Law, The Poor Law, The Public Officers Law, the Public Health Law, and All the General Laws as They relate to Towns and Counties, With Forms, Annotations, Cross References and A Digest of Fees of Town and County Officers. Albany: Mathew Bender, 1898. vi, 721, [3] pp. Includes three-page publisher catalogue. Original law calf, somewhat worn and scuffed, maroon and black lettering pieces, publisher stamp to front pastedown, annotation to front free endpaper, light foxing and minor stains to a few leaves. A sound copy. $125.
* First edition. A guide to local officials by a distinguished authority on New York State Law. OCLC locates six copies (one of this edition).

17. [G.T. of Staple Inn]. The Attourny of the Court of Common Pleas Or, Directions and Instructions Concerning His Practice Therein. Together with Fees Due to the Judges and Officers There and in the Kings-Bench. And Also Fees and Ordinances in Chancery. London: Printed by E.G. for Mathew Walbanke, 1648. vi, 271 pp. 24 mo. (3-1/2" x 5"). Original calf, rubbed with some wear to extremities, signatures to front and rear endleaves in fine early hand. Small wear hole to one leaf, chip to fore-edge of a second leaf and corner lacking from a third leaf with minor loss to text. In all an appealing volume in its original unrestored state. $750.
* Second edition. Includes side-notes. This engrossing handbook offers unparalleled insights into the day-to-day activities of the the King's Bench and the Court of Common Pleas. It includes such items as the swearing-in oath administered to attorneys, the scope and composition of various kinds of tribunals, rules of procedure and an extensive outline of various legal fees. Wing, Short-Title Catalogue of Books Printed in England, Scotland, Ireland, Wales and British America 1641-1700 T 7. Sweet & Maxwell, Legal Bibliography of the British Commonwealth of Nations 263. Catalogue of the Library of the Harvard Law School (1909) I: 84 (citing first edition).

Poisoned with Essence of Laurel Water

18. Gurney, Joseph [1744-1815], Reporter. The Trial of John Donellan, Esq. For the Wilful Murder of Sir. Theodosius Edward Allesley Boughton, Bart. at the Assize of Warwick On Friday, March 30th, 1781. Before the Honorable Francis Buller, esq. One of the Justices of the King’s Bench. Taken in Short-Hand. London: Sold by George Kearsley and Martha Gurney, 1781. 58 pp. Large quarto (9" x 14"). Original gray paper wraps, worn with some loss to extremities, hand-written label to front cover. Text clean and secure. $450.
* Third edition. “Coveting the estates of Sir Theodosius Boughton, who lived at resplendent Lawford Hall in Warwickshire, England, Captain John Donellan poisoned his host with with essence of laurel water in 1780. This was later uncovered at a probing inquest which led to Donellan’s conviction and execution; he was hanged at Warwickshire in 1781.” Nash, Encyclopedia of World Crime II: 999. Catalogue of the Library of the Harvard Law School II: 1064 (citing second edition).

Gould’s Edition of Kent’s Commentaries

19. Kent, James [1763-1847]. Commentaries on American Law. Fourteenth Edition. Edited by John M. Gould. Boston: Little, Brown & Co., 1873. Four volumes. Octavo (6" x 9"). Original law calf treated with preservative, red and black lettering pieces, minor scuffs. Owner name and annotation to front free endpaper, text bright and clean. An appealing set. $1,200.
* Probably the single most important interpretation of American law. Marvin ranks it above Blackstone’s Commentaries, writing that “England has only furnished one Blackstone, and the American rival equals him in classic purity and elegance of style, and surpasses him in extent and copiousness of learning.” This edition, by Gould, is an updated version of the venerable O.W. Holmes edition that retains all of the justice’s notes. Marvin, Legal Bibliography (1847) 438. Catalogue of the Library of the Harvard Law School (1909) I: 1088.

Kent’s Annotations to 1835 New York City Charter

20. 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. Octavo (5-1/2" x 8-3/4"). Original cloth, worn with about an inch of loss from head of spine, joints cracked but secure, printed paper spine label, residue from paper label to front cover. Browning to a few leaves, foxing to endleaves and pastedowns, text otherwise clean. $250.
* With side notes. Early New York City charter, enacted 1835, annotated by James Kent. Catalogue of the Library of the Harvard Law School (1909) I: 1088.

1834 New York Treatise on Dower

21. Lambert, Eli. A Treatise on Dower: Comprising a Digest of the American 32.  Decisions, and the Provisions of the Revised Statutes of the State of New-York. New York: Gould, Banks, and Company, 1834. iv, [1], [7]-162 pp. Octavo (5" x 8-1/2"). Three-quarter calf over gray paper boards, worn, joints cracked but holding, with about a half inch of loss to head of spine. Small bookplate to front pastedown, small owner stamp to front cover, signatures to front endleaves. Sporadic light dampstaining, text otherwise fine. $250.
* With an appendix of forms. “From various authors, and scattered decisions on the subject of dower, I have attempted to condense its principles in this small treatise.... I knew of no distinct treatise on the subject of dower, which, at the same time, imbodied the American decisions, and this circumstance led to the compilation of the following...” (iii). Marvin, Legal Bibliography (1847) 445. Cohen, Bibliography of Early American Law 9484. Catalogue of the Library of the Harvard Law School (1909) I: 1113.

Popular Nineteenth-Century Formbook for Laymen

22. [Legal Forms]. Crosby, Frank. Everybody’s Lawyer and Book of Forms, Containing the Laws of All the States in Regard to Administrators and Their Duties; Affidavits, and How to Draw Them; Agents and Powers of Attorney;...Wills, Codicils, and Executors, etc. With Plain and Simple Instructions to Everybody for Transacting Their Business According to Law; the Legal Forms Required for Drawing up the Various Necessary Papers; and Useful Information in Regard to the Government of the United States and the Various State Governments, Etc., Etc. To Which are Added The Constitution of the United States, With Amendments; The General Bankrupt Laws, With Amendments; The Pension Laws, With All the Necessary Forms; The Internal Revenue Laws, With the List of Stamp Duties; Post-Office regulations and Postage rates, Etc., Etc. The Whole Thoroughly Revised to Date by S.J. Vandesloot. Cincinnati: United States Book and Bible Company, 1879. 608 pp. Octavo (4" x 7"). Quarter calf over textured cloth, red lettering piece, front board skillfully reattached, charming chapter-opener woodcuts of historic buildings, bright text. $200.
* Revised edition of a popular formbook for laymen first published in 1859. Forms are grouped by topic, each is prefaced by a general introductory overview. The book also includes an essay “How We Are Governed,” the text of the Constitution of the United States and a dictionary of law terms. Along with its significance to legal history, this book offers an interesting perspective on family and commercial life during the Reconstruction era.

Story Wrote Many of the Law Entries

22. Lieber, Francis, ed.[1800-1872] Assisted by E. Wigglesworth. [1804-1876]. Encyclopedia Americana. A Popular Dictionary of Arts, Sciences, Literature, History, Politics and Biography. A New Edition; including a Copious Collection of Original Articles in American Biography; on the Basis of the Seventh Edition of the German Conversations-Lexicon. Philadelphia: Thomas, Cowperthwaite, & Co, 1840. Thirteen volumes. Octavo (5" x 9"). Original full polished calf, moderate wear and rubbing, with red lettering pieces and gilt rules. Edges and endpapers marbled. Sporadic light foxing throughout. An appealing set. $1,000.
* Edited by Francis Lieber, who engaged several distinguished specialists to update and enhance the original Conversations-Lexicon (published by Brockhaus) for an American audience. Noteworthy are the more than 120 pages of (unsigned) entries on natural law, American and English law written by Joseph Story. (See W.W. Story, Life and Letters of Joseph Story I: 26-27.) Their inclusion reflected Story’s relationships with and influence over several important European legal scholars. McClellan, Joseph Story and the American Constitution 66-67, 283.

An 1807 American Invasion of Venezuela

23. Lloyd, Thomas [1756-1827], Stenographer. The Trials of William S. Smith and Samuel G. Ogden for Misdemeanours had in the Circuit Court of the United States for the New-York District in July, 1806. With a Preliminary Account of the Proceedings of the Same Court Against Messrs. Smith and Ogden in the Preceding April Term. New York: Printed by and for I. Riley, 1807. xxxiii, 287 pp. Octavo (5" x 8"). Original lightly rubbed calf, maroon lettering piece, front joint starting, early faint inscription “Ruben Suckley/ Greenwich, N.Y.” to front board. Top inch lacking from head of title page with no loss to text, light dampstaining to margin of a few leaves, sporadic foxing. An appealing copy in an unusually well-preserved binding. $250.
* First edition. “Colonel Smith, the son-in-law of John Adams, who had been a surveyor of the customs of New York, was tried on the charge of initiating the Miranda expedition of 1806. Ogden, a merchant who had furnished ships and supplies for the expedition, was also tried on this charge. The counsel for the defense attempted to show that Smith and Ogden, though they had taken part in the affair, had not actually begun it, that members of the government, including even Jefferson, were cognizant of Miranda’s plans, and that moreover Spain and the United States were at the time practically in a state of war. Secretaries Madison and Robert Smith, and others in Washington, who were subpoenaed as witnesses for the defense, refused to appear, but the defendants were finally acquitted. In spite of the acquittal Colonel Smith was removed from his position” (Sabin). Miranda hoped to become the Washington of South America. This led him to assemble a group of mercenaries that included Smith for an unsuccessful invasion of Venezuela. Smith and Ogden attracted great public sympathy because they were seen as heroes in a noble war against Spanish tyranny. Sabin, A Dictionary of Books Relating to America 84904.

Uncommon Facsimile of the First American Edition of Magna Charta

24. [Magna Charta]. The Excellent Priviledge of Liberty and Property. Being a Reprint and Fac-Simile of the First American Edition of Magna Charta Printed in 1687 Under the Direction of William Penn and William Bradford. Philadelphia: Printed for the Philobiblon Club, 1897. xv, 168, 63 pp. Quarto (7-1/2" x 10"). Original full vellum, gilt spine. Deckle fore and bottom edges, red and black title page, attractive head and tailpieces, decorative initials, uncut signatures. Quite handsome. $350.
* One of a limited edition of 150 copies on handmade paper (five other copies were printed on Vellum) with decorations by noted illustrator Edward Stratton Holloway, an introduction by Frederick D. Stone, extensive notes and a table of dates. Also includes texts of the Magna Charta, A Confirmation of the Liberties of England, and of the Forest, Made Anno XXV. Edward I, The Sentence of the Clergy Against the Breakers of Those Articles, The Sentence or Curse Given by the Bishops Against the Breakers of the Great Charter, A Statute Made Anno XXXIV. Edward I., Commonly Called De Tallegio non Concedendo, The Comment Upon the Statute De Tallegio non Concedendo and An Abstract of the Patent Granted by the King to William Penn and His Heirs and Assigns for the Province of Pennsylvania and The Frame of the Government of the Province of Pennsylvania and Territories Thereunto Annexed, in America.

The Law in Nineteenth Century Rural America

25. Multer, Jacob J. The Farmers’ Law Book and Town Officers’ Guide: Containing the Election, Qualifications and Duties of the Supervisor, Justice of the Peace, Constable, Collector, Town Clerk, Assessors, Overseers of the Poor, Commissioners and Overseers of Highways, Pound Master, Town Sealer, Common School Officers, and Executors and Administrators, and the Laws Concerning Apprenticeship... Etc.: With Legal Forms, Under Each General Division of Process: Pleading and Proceedings in Justices’ Courts: and Also of Bonds, Bills, Notes, Deeds, Mortgages, Real and Personal, Articles of Copartnership, Assignments, Leases, Releases, Submissions, Awards, Orders, Notices, &c., &c.: With a Copious Index. Albany: Munsell and Rowland, 1859. vi, [7]-400 pp. Octavo (4-1/2" x 7-1/2"). Original full calf with decorative rules and red lettering piece, worn and scuffed, joints cracked but holding. Text tight and clean. $150.
* Sixth edition. Topics include deeds, fences, husband and wife, landlord and tenant, malicious and other animals, strays, trespass, Usury, Water and Water courses and wills. This handbook, which includes the full text of the 1846 New York State Constitution, offers a fascinating glimpse of law and government in Antebellum rural America. Cohen, Bibliography of Early American Law 7987.

New York at the Dawn of the Nineteenth-Century

26. [New York Laws]. Laws of the State of New-York. Published by Authority. Albany: Printed by Charles R. and George Webster, 1802. Two volumes. [2], 691; [5], 544, [12] pp. Octavo (5-1/2" x 8-1/2"). Contemporary calf, red lettering pieces, worn with some chipping to head and tail of both, joints cracked but holding, sporadic foxing, browning to a few leaves. Handsome signature of Philip Verplank and “1805” to front free endpapers in bold hand, that of William Verplanck to Volume One free endpaper and Volume Two title page. Withal a very nice set. $500.
* Contains the state constitution (Kingston, 1777), amendments (Albany 1801, signed by Aaron Burr) and laws from 1783 to 1802. Includes many interesting laws relating to land rights, such as those involving Governor’s Island and Staten Island; waterways, roads, Indians, banks, insolvent debtors, religious incorporations, and numerous laws relating to slaves. Also includes the Constitution of the United States with amendments thereto through the 11th amendment. With substantial indexes and subscriber list. A fascinating window into the affairs of the state of New York at the dawn of the nineteenth century. Sabin, Dictionary of Books Relating to America 53745.

A Spirited Attack on the Right of Ordination

27. Prynne, William [1600-1669]. The Unbishoping of Timothy and Titus and of the Angel of the Church of Ephesus: Or A Brief Elaborate Discourse, Proving Timothy and the Angel to be No First, Sole, or Diocesan Bishop of Ephesus, nor Titus of Crete; and That the Power of Ordination, or Imposition of Hands, Belongs to Jure Divino to Presbyters, as Well as to Bishops, and Not to Bishops only, as Bishops; Who by Divine Institution are Evidenced to be One and the Same with Presbyters, and Many Over One City, Church, Not One Over Many City or Churches. [London]: First Compiled, Printed in the Year 1636. Reprinted with additions...1661...for Edward Thomas. [ii], 52, 144, [ii] pp. Quarto (5-1/2" x 7-1/2"). Modern quarter calf over cloth boards, signatures and annotations in early hand to front endleaf and two others. A very nice copy. $750.
* Later printing of second edition (1660). William Prynne was a contentious and erudite Puritan attorney and onetime keeper of records for Parliament who is remembered both for his numerous books and pamphlets about legal history, religion and politics, and his ability to antagonize others. He was particularly critical of the court and clergy during the reign of Charles I. His personality and choice of targets eventually led to his disbarment, imprisonment, and mutilation (loss of ears) by the Star Chamber. Both qualities distinguish the present work, a spirited attack on the doctrine that limits the right of ordination to bishops. Dictionary of National Biography XVI: 432-437. Wing, Short-Title Catalogue of Books Printed in England, Scotland, Ireland, Wales, and British America III: 4120 (97).

Venerable Textbook on the Justinian Digests

28. Schotanus, Bernardus [1598-1652]. Examen Juridicum: Quoe Fundamenta Jurisprudentiae Secundum Seriem Digestorum, Subjectis Suis Locis Titulis Codicis, Explicantur, Regornitum, & Altera Sere Parte Locupletatum. Amsterdam: Apud Joannem Janssonium, 1646. [22], 1032, [32] pp. 12mo. (3" x 5"). Original full vellum, interior edges warped, hinge cracked but secure. Signature to front free endpaper in fine early hand. Handsome woodcut title page device, head and tail-pieces. Interior clean and bright. $450.
* Includes index. Venerable textbook on the Digests from the Corpus Juris Civilis organized in a question-and-answer format. OCLC locates seven copies.

The First Substantial Book on the Subject

29. Sedgwick, Theodore [1811-1859]. A Treatise on the Measure of Damages, or an Inquiry into the Principles Which Govern the Amount of Compensation Recovered in Suits at Law. New York: John S. Voorhies; London: Sampson, Low, Son, and Co., 1858. lxxvi, 689 pp. Original lightly scuffed law calf treated with preservative, red and black lettering pieces, “Grattan” lettered in faint ink to spine. Signature to front pastedown, sporadic light foxing to otherwise sound text. corner of rear free endpaper lacking with about five inches of loss. Withal a very nice copy in an unusually well-preserved binding. $150.
* Third revised edition. According to Warren, this important treatise was one of the first examples of original legal scholarship written in the United States and the first substantial book on the subject published anywhere. Warren, A History of the American Bar 546. Catalogue of the Library of the Harvard Law School (1909) I:534. Marke, Catalogue of the Law Collection at New York University (1953) 498.

First Edition of Mare Clausum

30. Seldeni, Ioannis. [Selden, John (1584-1654)]. Mare Clausum Seu de Dominio Maris Libri Duo. London, Excudebat Will. Stanesbeius, Pro Richardo Meighen, 1635. [26], 304, [14] pp. Two maps in copper, two large allegorical woodcuts, small woodcuts of coins. Folio (7" x 11"). Original full polished calf, raised bands, blind-stamped rules, rubbed and scuffed. Rouged edges, red and black title page, woodcut head-pieces and decorative initials, light dampstaining to head of otherwise clean and bright text block, a few brief annotations in early hand scattered throughout. A very desirable copy of a seminal work. $2,500.
* First edition. Selden’s Mare Clausum (Dominion of the Sea) is the most famous reply from the British viewpoint to the argument of Grotius (Mare Liberum) which excluded England’s claim to the high seas south and east of England. According to Holdsworth, “the book exhibits a vast historical knowledge,” replete with references to the customs of peoples from the times of the Greeks to his time. Sweet & Maxwell, Legal Bibliography of the British Commonwealth of Nations I: 514 (91). Pollard and Redgrave, A Short-Title Catalogue of Books Printed in England, Scotland, and Ireland S22175.

Uncommon 1804 Vermont Legal Formbook

31. [Simmons, John (1775 or 6-1829)]. The Gentleman’s Law Magazine: Containing a Variety of the Most Useful Practical Forms of Writings, Which Occur in the Course of Business: Viz. Articles of Agreement; Bonds; Bills; Indentures of Apprenticeship; Awards; Releases; Letters and Powers of Attorney; Deeds; Mortgages; Grants; Bills of Sale; Leases; Assignments; Letters of License; Compositions; Insurances; Receipts, &c, &c. To Which are Added Forms of Wills and Codicils, Forms of Proceedings in Courts of Probate; Private Complaints; Complaints of Single G. Jurors; Justices’ Summonses, Attachments, Warrants, Subpoenas, Venires, Records, Executions, Recognizances, and Mittimuses; Officers’ Returns on Writs, Executions, and Warrants; Bail-Pieces; Affadavits; Complaints of Overseers of the Poor, &c. and Proceedings on the Same; Writs; Executions, &c. And Also a Variety of Declarations in the Different Actions Brought to the County Court, and Petitions, &c. in the Supreme Court, &c. &c. By a Gentleman of the Bar. Middlebury: Printed by Huntington and Fitch, 1804. iv, [5]-348 pp. 12mo. (4" x 6-1/2"). Original full calf with maroon lettering piece, worn and rubbed with some wear to joints, front hinge cracked but secure, front free endpaper loose but holding. Inscription to front free endpaper in fine early hand, sporadic light dampstaining and foxing. Text tight and secure. A good copy in all. $150.
* Includes index. A compendium of forms designed for Vermont practice. Sabin, citing Stevens, notes that this is one of the rarest books of its kind printed in Vermont. Cohen, Bibliography of Early American Law 8151. Sabin, A Dictionary of Books Relating to America 26955.

From the Library of Associate Justice Davis

32. Trevelyan, G[eorge] Otto [1838-1928]. The Life and Letters of Lord Macaulay. New York: Harper & Brothers Publishers, 1876. Two volumes. Octavo (6" x 8-1/2"). Handsome engraved frontispiece to Volume One. Original cloth, gilt spines and top edges, moderate wear to extremities, Volume Two front hinge cracked but secure. “Judge D. Davis, Washington D.C., October 12th 76” in bold hand to verso of front free endpapers. A handsome and unique set. $750.
* Important biography of Macaulay [1800-1859], the great statesman, colonial administrator, essayist and historian best known for his magisterial History of England. This set belonged to David Davis [1815-1886], a longtime friend and trusted advisor of Abraham Lincoln. He was an Associate Justice of the Supreme Court from 1862 to 1877 and represented Illinois in the Senate from 1881 to 1883. Hall, The Oxford Companion to the Supreme Court of the United States 218-219.

Important Early English Study of the Insanity Plea

33. Winslow, Forbes [1810-1874]. The Plea of Insanity, In Criminal Cases. London: H. Renshaw, 1843. viii, 78, [2] pp. Includes one-leaf publisher advertisement. Octavo (4-1/2" x 7-1/2"). Original cloth with gilt and decorative blind stamping, some fading to spine and edges of boards. Internally clean and bright. A nice copy. $600.
* First edition, uncommon in original binding. This treatise was one of the first attempts to outline criteria through which to determine the legitimacy of an insanity plea. This issue would be resolved later that year with the establishment of the McNaghten Rules, which this work undoubtedly influenced, and which are still applied in England today. Marvin, Legal Bibliography (1847) 742. Sweet & Maxwell, A Legal Bibliography of the British Commonwealth of Nations II: 388. See also Nash, Encyclopedia of World Crime 2061-2062.

A Rosetta Stone for Early English Legal Documents

34. Wright, Andrew. Court-Hand Restored or, The Student’s Assistant in Reading Old Deeds, Charters, Records, etc....Describing the Old Law Hands, With Their Contractions and Abbreviations. With an Appendix Containing the Ancient Names of Places in Great Britain and Ireland; An Alphabetical Table of Ancient Surnames; and a Glossography of Latin Words Found in the Works of the Most Eminent Lawyers, and Other Ancient Writings, but Not in Any Modern Dictionaries... London: John Camden Hotten, 1867. xiv, 62 pp, twenty-three copperplate engravings. eight-page publisher catalogue tipped in to rear endleaf, red and black title page. Quarto (8" x 10"). Black quarter-morocco, spine gilt, over red paper boards. Marbled endpapers, top edges gilt. Rubbed, some wear to extremities, sporadic light foxing, otherwise a good copy. $250.
* Eighth edition. George II’s decree that legal documents were to be written in English resulted in the abandonment of law French and Latin. These languages and their conventions had become esoteric by the time Wright’s volume appeared. It was thus intended to be a kind of Rosetta stone for the contemporary barrister and scholar. This well-illustrated reference had appeared in ten editions by 1912. Marke, A Catalogue of the Law Collection at New York University (1953) 1211. Catalogue of the Library of the Law School of Harvard University (1909) II:964.

Concerns the Examination of Witnesses in Roman Law

35. Wybo, Joannes. De Interrogationibus in Jure: Liber Singularis. Leiden: Apud Abrahamum Kallewier, 1732. [x], 189, [1] pp. Octavo (5" x 8"). Three-quarter calf with raised spine bands and lettering piece over speckled paper boards, worn with about one-half inch of loss to tail, paper covering boards rubbed and worn. Minor worming to a few leaves not affecting legibility. Text bright and clean. A sound copy. $500.
* With index. Concerns the examination of witnesses in Roman law. OCLC locates one copy.

1609 Year Book

36. [Year Books]. Le Primier Part des Ans del Roy Henrie le 6. Ore Nouelment Peruse & Corrige, Oue le Side Notes, et un Profitable Table Annexe a Ceo. London: Printed for the Companie of Stationers, 1609. Various paginations. Folio (7" x 11"). Later three-quarter calf over cloth, red and black lettering pieces, moderate shelfwear to extremities, endpapers renewed. Handsome woodcut title page and decorative initials. Worming to first quarter of text block and fore-edges of two leaves torn with negligible loss to text, a few small annotations in early hand scattered throughout, text otherwise clean and fresh. An appealing copy in all. $600.
* Covers regnal years 1-4, 7-12, 14, 18-20 of Henry VI. With marginal notes and index. It is difficult to over estimate the importance of the Year Books. As a series of notes on debates and points of pleadings in Norman England they are of crucial primary sources for our knowledge of medieval common law. They also provide a richly detailed portrait of contemporary English life, customs and manners. The origin of the Year Books is unknown. Maitland believed that the earliest volumes were notes taken by law students in court copied for the use of pleaders in later cases. Holdsworth maintains that they were records of cases made by lawyers for personal use. Though it is not known when the first manuscript volumes were compiled, it is clear that cases can be found to date from the 1270’s and the series continues to 1535. Marvin suggests that the Year Books are as old as the time of William the Conquerer. As Marvin has pointed out, these are the “venerable books” from which Littleton, Hobart, Hale and Coke drew “so much valuable ore, melting it into ingots and refining and sending it abroad as the correct coin of the Common Law.”
Printed editions of the Year Books were first issued by William de Machlinia between 1481 and 1482. The present volume belongs to the so-called “Quarto Edition.” Not a set in the conventional sense, these volumes were issued separately with various dates and impressions between 1522 and 1619. Holdsworth, A History of English Law V: 357-377. Marvin, Legal Bibliography (1847) 756. Sweet & Maxwell, Legal Bibliography of the British Commonwealth of Nations I: 312 (14). Pollard and Redgrave, Short-Title Catalogue of Books Printed in England, Scotland, and Ireland 9616. Catalogue of the Library of the Harvard Law School (1909) II: 975.

1601 Year Book With Syntomotaxia

37. [Year Books]. Les Reports de Les Cases Conteinus in les Ans Vint Primer, et Apres in Temps del Roy Henry Le Siz: Communement Appelle, The Second Part of Henry the Sixt, Nouelment Reuiew & Correge in Diuers Lieux. London: In Aedibus Thomae Wight, 1601. Various paginations. [bound with] [Berneval, Robert]. Syntomotaxia: Del Second Part Del Roy Henrie le Sixt, Per Quel Facilment Cy Troueront Soubs Apt Titles, Touts Choses Conteinus en le Dit Liuer. London: Printed by Thomas Wight, 1601. Not paginated. Folio (7-1/2" x 11"). Later three-quarter calf over cloth, red and black lettering pieces, moderate shelfwear to extremities, endpapers renewed. Handsome woodcut title pages and initials, three leaves mended with archival tape, sporadic light foxing, a few brief annotations in early hand scattered throughout. A desirable copy. $400.
* Covers regnal years 21, 22, 27, 28, 30-39 of Henry VI. With cross-references to the abridgements of Brooke and Fitzherbert and extensive separately published index (the Syntomotaxia). It is difficult to over estimate the importance of the Year Books. As a series of notes on debates and points of pleadings in Norman England they are of crucial primary sources for our knowledge of medieval common law. They also provide a richly detailed portrait of contemporary English life, customs and manners. The origin of the Year Books is unknown. Maitland believed that the earliest volumes were notes taken by law students in court copied for the use of pleaders in later cases. Holdsworth maintains that they were records of cases made by lawyers for personal use. Though it is not known when the first manuscript volumes were compiled, it is clear that cases can be found to date from the 1270’s and the series continues to 1535. Marvin suggests that the Year Books are as old as the time of William the Conquerer. As Marvin has pointed out, these are the “venerable books” from which Littleton, Hobart, Hale and Coke drew “so much valuable ore, melting it into ingots and refining and sending it abroad as the correct coin of the Common Law.”
Printed editions of the Year Books were first issued by William de Machlinia between 1481 and 1482. The present volume belongs to the so-called “Quarto Edition.” Not a set in the conventional sense, these volumes were issued separately with various dates and impressions between 1522 and 1619. Holdsworth, A History of English Law V: 357-377. Marvin, Legal Bibliography (1847) 756. Sweet & Maxwell, A Legal Bibliography of the British Commonwealth of Nations I: 311 (3), 312 (14). Pollard and Redgrave, Short-Title Catalogue of Books Printed in England, Scotland, and Ireland 9679, 1479. Catalogue of the Library of the Harvard Law School (1909) II: 976.

1/300 Copies - Signed Presentation Copy by the Author

38. Zane, John Maxcy [1863-1937]. Lincoln, The Constitutional Lawyer. Chicago: Printed for the Caxton Club, 1932. Octavo (6" x 10"). 92 pp. Colophon: “Of this book, designed by William A. Kittredge, three hundred copies have been printed from type for the Caxton Club by R. R. Donnelley & Sons Company at the Lakeside Press, Chicago, in the month of June, 1932.” Original quarter cloth with gilt spine lettering, green paper boards with printed paper cover label. Top edge gilt. In publisher’s slipcase. Warmly inscribed by the author with a note of affection to Lessing Rosenthal. A fine copy. $300.
* A fine press edition, limited to 300 copies. Contents include: I. The Practising Lawyer; II. The Stylist; III. Legal Ideas Upon Slavery; IV. The National Lincoln; V. The Lincoln Constitutional Formula; VI. The Working of the Formula; VII. The Triumph of the Formula; VIII. Conclusion.

Revised: Friday, March 01, 2002