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Significant Early American Law
Dictionary |
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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 |
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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 |
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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 |
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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 |
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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