First Edition of an Uncommon Study by Lord Kames

59. [Kames, Henry Home, Lord (1696-1782)]. Elucidations Respecting the Common and Statute Law of Scotland. Edinburgh: Printed for William Creech, 1777. xvi, 421, [2] pp. Includes 2-page publisher list. Octavo (5-1/4" x 8-1/4"). Recent period-style quarter calf over marbled boards, blind fillets and lettering piece to spine, endpapers renewed. Occasional light foxing. Faint early signature to title page, signature of Robert Maxtone Graham to half-title, interior otherwise clean. An appealing copy of an uncommon title. $650.
* First edition. “As my intention is only to give examples of reasoning, free from the shackles of authority, I pretend not to say what our law actually is, but what it ought to be.”: Preface xiii. This was the last significant book on a legal topic written by Lord Kames. The leading Scottish jurist of his day and an important figure of the Scottish Enlightenment, he was an influence on David Hume, James Boswell and Adam Smith. Robert Maxtone Graham was a notable Scottish book collector. OCLC locates 12 copies of this edition. Sweet & Maxwell 5:56. See illustration below.

Attractive Copy of Kinney’s Law Dictionary

61. Kinney, J. Kinderick, Compiler. A Law Dictionary and Glossary: Primarily for the Use of Students, but Adapted Also to the Use of the Profession at Large. Chicago: Callaghan and Co., 1893. iv, 706 pp. Octavo (5-3/4" x 9"). Recent period-style quarter calf over cloth, raised bands and lettering pieces to spine, endpapers renewed. Some offsetting to margins of endleaves, interior otherwise fresh. $500.
* First and only edition. In the preface Kinney mentions his indebtedness to Burrill and his inclusion of “modern words as well as the older words in whatever tongue, whether now a part of the living legal language or not, which have had legal use and function, and which thus mark the lines upon which the law has grown, and the salient points in history with which the student should become familiar.”: Preface, v. OCLC locates 85 copies. Marke 1202.

62. Lamm, Henry [b.1846]; Mullinix, Fred C., Editor. Legal Philology: Epigrams and Excerpts From the Legal Opinions of Hon. Henry Lamm, While Justice of the Supreme Court of Missouri. St. Louis: The F.H. Thomas Law Book Company, [1923]. 344 pp. Original textured cloth with decorative stamping, negligible shelfwear, residue from owner label to foot of spine. Owner bookplate to front pastedown, signature to head of title page, interior otherwise clean.   $65.

One of the Most Important
Works on International Law

63. Lampredi, Giovanni Maria [1732-1793]. Del Commercio Dei Popoli Neutrali in Tempo di Guerra. Florence: [s.n.], 1788. Two volumes. Octavo (4-3/4" x 7"). Original limp paper boards with printed spine labels, untrimmed edges. Light wear to extremities, light soiling and a few tiny stains. Interior notable fresh. A remarkably well-preserved copy. $2,000.
* First edition. Text in Italian, French and Latin. This important treatise on the rights of neutral merchant vessels went through several editions in Italy, France and Germany. Distinguished for its clarity and humane tone, this is one the most important treatises on international law. It argues that except in cases involving legitimate defense on the part of the belligerents, neutrals should be allowed to trade freely with belligerents on the sole condition of impartiality, as they would in times of peace. “Lampredi has treated this subject in a wise and impartial manner, and though strongly in favor of the freedom of neutrals, he has laid down no doctrine in contravention of the legitimate interest of belligerent powers.”: Preface to first French edition (1802) cited in Marvin, Legal Bibliography (1847) 445. KVK locates 19 copies of this edition, 35 of all editions. Lampredi was a professor of canon and public law at the University of Pisa. A renowned scholar in his day and ours, his works are second only to those of Grotius, Pufendorf, Burlamaqui and Mably. Kress Library of Business and Economics S.5182

An Ancient English Right

64. [Land Law]. The Law of Commons and Commoners; Or a Treatise Shewing the Original and Nature of Common, And Several Kinds Thereof, Viz. Common Appendant, Appurtenant, Estover, Turbary, Peschary and Pur Cause of Vicinage, Of Commons in Gross, and Sans Number, With the Pleadings in Reference to Every of Them. As Also the Powers and Privileges of Commoners, in Reference to the Soil, to the Lord, to Strangers, and of the Remedies and Actions They May Have. Of Declarations, Pleadings, In and to Actions Brought by and Against Commoners. Approvement, Apportionment, Suspension and Extinguishment of Common. Of Grant of Common, and By What Words Common Shall Pass. Together With the Learning of Prescriptions in General; the Form and Manner of Pleading Prescription, In Reference to Common, in Several Rules. Of Prescription and Pleading by a Copyholder in Reference to Common. Of Evidence to Prove Prescription for Common, the Several Customs of commoners, and of Enclosures. With Several Forms of Precedents Adapted to Every Sort of Common. With Large Additions. [London]: Printed by Eliz. Nutt and B. Gosling, 1720. [xxi], 271, [8] pp. Includes one-page publisher list. Octavo (4-3/4" x 7-1/2"). Contemporary calf, blind frames to boards, rebacked retaining original spine with raised bands and hand-lettered title. Some rubbing to binding, small scuffs and a few minor stains to boards, hinges mended. Faint dampstaining to lower corner of first quarter of text block, early owner signature to front pastedown, light soiling to verso of final text leaf, interior otherwise fresh. An appealing copy of an uncommon title. $1,000.
* Second and final edition. Commons is open and uncultivated land or water owned by a lord to which certain occupiers of adjacent enclosed land have certain rights. These include the right to pasture animals, to fish (peschary), to cut peat (turbary) and to gather wood (estovers). A body of custom and enacted law with origins in the Anglo-Saxon period, commons was long considered a central English right and a cornerstone of the feudal structure. Indeed, the gradual elimination of commons through the series of enclosure acts enacted from 1760 to 1830 triggered widespread social protest. Though the acts were motivated by the needs of modern agriculture, and had a profound effect on the livelihood of small farmers and the poor, they were not attacked on economic grounds, but as violations of the ancient English rights described in the Law of Common. OCLC locates 18 copies of this edition, 30 of both editions. Sweet & Maxwell 1:401 (32). See illustration below.

With Decisions by Joseph Story

65. Lawes, Edward [d.1849]. [Story, Joseph (1779-1845)]. An Elementary Treatise on Pleading, In Assumpsit. With the Addition of the Decisions of the American Courts. By Joseph Story. Boston: Published by James W. Burditt & Co., 1811. viii, [12]-621, [30] pp. Octavo (5-1/2" x 8-1/2"). Contemporary sheep, blind fillets to boards, lettering pieces to spine. A few tiny scuffs to boards, some wear to extremities, joints starting. Light browning to portions of text, occasional light foxing. Later owner stamp to front free endpaper, early owner signature to front free endpaper, interior otherwise clean. A nice copy. $600.
* Only American edition. Based on the London Edition of 1810, to which it is star-paged. “In publishing...the present edition, it has been deemed advisable to select such American authorities as illustrated, confirmed or impugned the doctrines of the text. To this object the notes are exclusively confined; and in no instance do they intrude upon the reader the opinions of the Editor [Story]. They have been prepared during the pressure of professional engagements, and within a prescribed limitation of time; but it is believed that few cases of general importance have escaped examination, and none will be found cited with substantial inaccuracy.”: Advertisement [ix]. OCLC locates 51 copies. Cohen 9246.

The American Bar in 1888

66. [Legal Directory]. Hubbell’s Legal Directory for Lawyers and Business Men Containing the Names of One of More of the Leading and Most Reliable Attorneys in Nearly Four Thousand Cities and Towns in the United States and Canada, Synopses of the Collection Laws of Each State, and Canada, with Instructions for Taking Depositions, the Execution and Acknowledgment of Deeds, Wills, Etc. A Synopsis of the Patent Laws; Prominent Banks and Bankers Throughout the United States; Also, A List of United States Consuls and Times for Holding State and United States Courts For the Year 1908. New York: The Hubbell Publishing Company, 1908. 1429, 387 pp. Includes 387 pp. of lawyer advertisements. Octavo (6" x 9"). Contemporary buckram, red and black lettering pieces. Moderate shelfwear and dampstaining to binding, scuff to front joint. Light foxing to endleaves, interior otherwise fresh. $50.
* Hubbell issued its first Legal Directory in 1871. Martindale acquired the company in 1930 and published the first Martindale-Hubbell Law Directory in 1931. HLC I:961.

67. [Legal Humor]. Mr. Punch in Wig and Gown: The Lighter Side of Bench and Bar With 120 Illustrations by H. Stacy Marks, Sir John Tenniel, George du Maurier, Charles Keene, Phil May, E.T. Reed, L. Raven-Hill, J. Bernard Partridge, A.S. Boyd, Tom Browne, G.D. Armour, W.F. Thomas, and Others. Published by Arrangement with the Proprietors of “Punch.” [London]: The Educational Book Co., Ltd., [n.d.]. 191, [1] pp. Octavo (5" x 7-1/2"). Original cloth, top edge gilt. Some shelfwear and a few minor bumps and scuffs, boards somewhat bowed, front hinge just starting. Foxing to endleaves, interior otherwise fresh. $45.
* A selection of items published in Punch between 1841 and the time of this book’s publication.

A “Beautiful and Scientific Work” on Equity

70. Lube, D[enis] G[eorge]. Wheeler, J.D., Editor. An Analysis of the Principles of Equity Pleading; Containing a Compendium of the Practice of the High Court of Chancery, And the Foundation of Its Rules, Together With an Illustration of the Analogy Between Pleadings at Common Law and in Equity. With Notes and References to American Cases. New York: Published by Banks, Gould & Co., 1846. xxxvi, 415 pp. Octavo (5-1/2" x 9"). Recent period-style quarter calf over cloth, raised bands and lettering piece to spine, endpapers renewed. Light foxing to most of text. A nice copy in an attractive binding. $350.
* Second edition, based on the 1823 London edition. With an appendix of forms. First published in London in 1823 and New York in 1840, this was a standard treatise until the late nineteenth century. “In presenting this beautiful and scientific work...to the American Public, the editor will merely observe that he will be contented with a relative degree of excellency in the notes, as compared to the text. He has however collected all the cases and principles on this side of the Atlantic, that he supposed would illustrate it, or where the analogy was so perceptible as to induce a belief in their utility in supporting, or in any way affecting the principles stated.”: Advertisement [v]. OCLC locates 42 copies of this edition. Cohen 4980.

Social History Addressing
Law and Government in Vermont

71. Ludlum, David M. Social Ferment in Vermont, 1791-1850. New York: Columbia University Press, 1939. Reprint. New York: AMS Press, 1966. x, [2], [3]-305 pp. Original cloth. Fine. $125.
* This uncommon monograph was originally published in the Columbia Studies in American Culture series. A social history, it addresses the development of the law in Vermont during the early years of the United States in some detail. It also provides a useful social context for the development of the state’s legal culture.

Collected Works of Sir George Mackenzie

72. Mackenzie, Sir George [1636(?)-1691]. The Works of that Eminent and Learned Lawyer, Sir George Mackenzie of Rosenhaugh, Advocate to King Charles II. and King James VII. With Many Learned Treatises of His, Never Before Printed. Edinburgh: Printed and Published by James Watson, 1716, 1722. Two volumes. Copperplate portrait frontispiece, divisional title page and 30 plates. Folio (9-1/2" x 15"). Contemporary calf, blind rules to boards, recently rebacked in period style with raised bands, gilt ornaments and lettering pieces, marbled endpapers, hinges mended. Moderate rubbing and edgewear to boards, bookplate of Robert Maxton Graham to front pastedown of Volume I, later bookseller ticket to verso of front endleaf, early bookplate of the Court of Arches to verso of title page. Attractive woodcut head-pieces, tail-pieces and decorated initials. Occasional light foxing and browning. Contemporary and later signatures and annotations to preliminaries and some text leaves, including the signature and notes of Thomas Mackay Cooper. An impressive set. $2,200.
* Only edition. Mackenzie was Lord Advocate during the reigns of Charles II and James II. He is best known for his leading role in the persecution of Scottish Presbyterians, which earned him the nickname “Bloody MacKenzie.” (In many cases, he bent the law to secure a conviction.) He was in important jurist, scholar and author, and the founder the Advocates Library, which is now part of the National Library of Scotland. This set collects all of his legal, historical and literary works except Aretina and The Discovery of the Fanatical Plot. The Science of Heraldry is preceded by a copperplate pictorial title page and is embellished with 30 copperplates illustrating heraldic devices.  The Court of Arches was an ecclesiastical court in London under the jurisdiction of the Archbishop of Canterbury. Cooper [1892-1955] was Lord President of Scotland. The outstanding Scottish judge of his day and a keen student of history, he was the chairman of the Stair Society and Scottish Historical Society. Also a scholar, he wrote The Scottish Legal Tradition and edited Stair’s Regiam Majestatem for the Stair Society. Robert Maxtone Graham was a notable Scottish Book Collector. Sweet & Maxwell 5:74. See illustration below & front cover.

73. Mayr-Harting, Henry and R.I. Moore, Editors. Studies in Medieval History Presented to R.H.C. Davis. London: The Hambledon Press, [1985]. xviii, 313 pp. Illustrations. Original cloth, light shelfwear, internally clean. $75.
* Several essays in this collection deal with legal subjects.

From the Library of Edward Livingston

74. Mitford, John, First Baron Redesdale [1748-1830]. A Treatise on the Pleadings in Suits in the Court of Chancery by English Bill. London: Printed for W. Owen, 1787. 14, 263, 12 pp. Octavo (5" x 8"). Contemporary sheep, blind fillets to boards, raised bands and lettering piece to spine. A few minor scuffs and tiny inkstains, rubbing with some wear to extremities, boards partially detached. Large armorial bookplate of Edward Livingston to front pastedown, later institutional library bookplate below, another early bookplate to front free endpaper. Faint dampstaining to portions of text, interior otherwise fresh. An interesting association copy.  $500
* Second edition. According to Marvin’s Legal Bibliography, this distinguished work, “has been an especial favorite with the profession from its first publication [in 1780].... (...) Judge Story transferred most of it into his Commentaries on Equity Pleadings” (517). One of the most important American jurists of the nineteenth century, Edward Livingston [1764-1836] devoted most of his labors to penal reform. His efforts reached fruition in the penal codes he drafted for Louisiana and the United States. Although none were of these were enacted, Livingston’s works had a decisive influence on the development of criminal law throughout the United States, Europe and Latin America. OCLC locates 21 copies of this edition. Sweet & Maxwell 1:340 (39).

Montefiore’s Fascinating Commercial Dictionary

75. Montefiore, Joshua [1762-1843]. A Commercial Dictionary: Containing the Present State of the Mercantile Law, Practice and Custom. With Very Considerable Additions Relative to the Laws, Usages, and Practice of the United States. Philadelphia: Printed and Sold by James Humphreys, 1804. Three volumes. Octavo (5-1/4" x 8-1/2"). Recent period-style quarter calf over cloth, gilt fillets and lettering pieces to spines, untrimmed edges. Most signatures unopened, corner from leaf carefully mended with archival tape, corner lacking from another with no loss to text. Faint dampstaining, light foxing and spark burns to a few leaves. Minor foxing to a few leaves, interiors otherwise fresh. An appealing copy of a very scarce title. $4,500.
* First American edition, a greatly expanded version of the 1803 London edition, which is a single 690-page volume. With a subscriber list that includes Horace Binney, Alexander James Dallas, Peter S. Duponceau and William Rawle. Originally intended for merchants, this dictionary is a very important economic and legal source that offers a wealth of information about contemporary commercial and maritime law, international business practices and fascinating descriptions of commercial ports and their primary imports and exports. Montefiore also discusses the present state of banks and insurance companies in the United States, the laws of copyright and letters patent, the regulation of coastal trade, the funding system and state of the U.S. national debt and a very interesting entry on the production and qualities of Madeira wine. Montefiore was an English solicitor who moved to the United States after the War of 1812. He published several other works on commercial law. Cohen 2433. Kress 4827. See illustration below.

Appealing Sedgwick and Field Association

76. Moore, John Bayly, Compiler. Hall, J.E. [1783-1829], Editor. A Digested Index to the Term Reports; Containing All the Points of Law Argued and Determined in the King’s Bench, And Common Pleas, From 1785, to 1818. With Notes, References, And a Table of Cases. Philadelphia: Printed for Harrison Hall, At the Port Folio Office, 1819. Two volumes. Text printed in double columns. Octavo (5-1/2" x 9"). Contemporary sheep, blind frames to boards, blind fillets and lettering pieces to spine. A few scuffs and minor stains to boards, rubbing with some wear to extremities. Front hinges cracked but secure. Front free endpaper of Volume I starting, front endleaf lacking from Volume II. Early owner bookplates to front pastedown of Volume I, including one reading “R. & T. Sedgwick, Jun.,” “R & T.S.” written above this bookplate. “R. Sedgwick & D.D. Field” to head of Volume I title page. Offsetting to margins of endleaves, occasional dampstaining, light foxing and browning. Ex-institution library. Bookplate to front pastedown of Volume I. A solid set with an appealing association. $150.
* In 1825 David Dudley Field [1805-1894] entered the law office of Robert and Theodore Sedgwick, Jr. in New York City after clerking with lawyers in Stockbridge and Albany. Sons of Theodore Sedgwick, the important Federalist legislator and judge, they were prominent members of the New York City bar. Henry was a keen law reformer and the author of The English Practice (1822), a scathing critique of the common law of New York. He was an important influence on Field. In 1828 Field was admitted to the bar and practiced with the Sedgwicks for a few years until he left to start his own firm. The bookplate and inscriptions to this copy of A Digested Index indicate that it belonged to the Sedgwick firm when Field was one of its attorneys. It is an interesting artifact from Field’s early career. In any event, this title is rather uncommon; OCLC locates 26 copies of this edition, 38 of all editions. Cohen 5501.

80. [Roosevelt, Franklin Delano (1882-1945)]. [Bill of Rights]. 12" x 16" color poster on thick stock. N.p.: n.d. (c. 1932-1945). Near fine. $85.
* Intended perhaps for display in a school, this poster features a portrait of Franklin Roosevelt above an American flag and an abbreviated version of the Bill of Rights. These central images are bordered by small portraits of the presidents who preceded him, along with facsimiles of their signatures. Each portrait is surrounded with an image of a laurel wreath. The text is depicted against the image of a small monument.

A Proper Education for the Bar

81. [Ruggles, Thomas (c.1737-1813)]. The Barrister; Or Strictures On the Education Proper for the Bar. Most of These Papers Appeared Occasionally in the World, During the Year 1791.—Some Others Are Now Added, with an Introduction by the Author. Dublin: Printed for Messrs E. Lynch [et al.], 1792. [iv], xix, [1], 252 pp. 12mo. (4" x 6-1/2"). Contemporary calf, rebacked in period style with gilt fillets and lettering piece. A few minor stains and scuffs to boards, some rubbing to edges and corners, hinges mended. Light foxing. Early owner signatures to front pastedown and head of title page, interior otherwise clean. $650.
* Written in the form of letters, this book ranges from specific advice about legal education to general observations about proper professional and social conduct. “The Barrister is admirably written and contains much judicious instruction for those destined for the bar.”: Hoffmann, Legal Studies cited in Marvin 622. OCLC locates 17 copies. This edition not in Sweet & Maxwell. See illustration below.

83. Sanders, I.J. Feudal Military Service in England: A Study of the Constitutional and Military Powers of the Barones in Medieval England. Westport, CT: Greenwood Press, [1980]. xv, 173 pp. Original cloth, some shelfwear, owner bookplate to front pastedown, internally clean. $20.

Selden’s Edition of Fleta,
Along With His Ad Fletam Dissertatio

84. Selden, John [1584-1645], Editor. Fleta, Seu Commentarius Juris Anglicani Sic Nuncupatus, Sub Edwardo Rege Primo, Seu Circa Annos ab Hinc CCCXL. ab Anonymo Conscriptus, Atque e Codice Veteri, Autore Ipso Ipso Aliquantulum Recentiori, Nunc Primum Typis Editus. Accedit Tractatulus Vetus de Agendi Excipiendiq; Formulis Gallicanus, Fet Assavoir Dictus. Subjungitur Etiam Joan. Seldeni ad Fletam Dissertatio Historica. Editio Secunda, Multis Erroribus Purgata. London: Typis S.R. Prostant Apud H. Twyford [et al.], 1685. [viii], 553 pp. 1 copperplate text illustration Quarto (6-1/2" x 8-1/2"). Contemporary paneled calf, rebacked, gilt-edged raised bands, ornaments and recent lettering piece to spine. Moderate rubbing and a few small scuffs, some wear to extremities, corners bumped, front hinge cracked but secure, crack between penultimate and final text leaves. Chip to fore-edge of a leaf with no loss to text, minor chipping to edges of a few leaves, offsetting and cellotape residue to endleaves. Some soiling to title page, occasional (and negligible) light foxing. Small early owner initials to head of title page, later annotations to endleaves and parts of text. A nice copy. $750.
* Second edition. The author of this concise account of the whole law of England, as it prevailed in the time of Edward I, is unknown. The work relates the practice of the courts, the forms of writs and an explanation of law terms. It was John Selden who first called the attention of the public to this ancient treatise, and was instrumental in procuring its publication. While Bracton earns the highest praise as the father of legal learning, Fleta earns a share of it for the illustrations he offered to some of the obscurities found in Bracton. Selden’s appended dissertation (pp.453-553) contains many interesting observations about Bracton, Britton, Fleta, and Thornton “and shows what use was made of the Imperial law in England whilst the Romans governed here, at what time it was introduced into this nation, what use was formerly made of it, how long it continued, and when the use of it totally ceased in the King’s Courts at Westminster.”: Bridgman, A Short View of Legal Bibliography 87. OCLC locates 76 copies of this edition. Sweet & Maxwell 1:53 (20).

85. Shafter, Alfred M. Musical Copyright. Introduction by John Henry Wigmore. Chicago: Callaghan and Company, 1932. xv, 461 pp. Original textured cloth, light shelfwear. Faint dampstaining and toning to endleaves, bookseller ticket to front pastedown. Small owner stamp to front free endpaper, interior otherwise clean. $95.
* “We have tried as far as possible to humanize the sometimes dry subject of copyright. Previous works have dealt with the matter mainly for the use of attorneys. The present volume has been prepared to give the composer, author and layman, as well as the lawyer, the first complete study of musical copyright yet published in the United States.”: Preface [iii]. In his fascinating preface, Wigmore discusses his background in music and career as a part-time composer.

Frist American Edition of a Landmark in the
Philosophy of Republican Government

86. Sidney, Algernon [1622-1683]. Discourses Concerning Government: To Which Are Added, A Short Account of the Author’s Life, And a Copious Index. Philadelphia: Printed and Published by C.P. Wayne, 1805. Two volumes. Octavo (5" x 8-1/2"). Contemporary sheep treated to look like tree calf, lettering pieces and gilt ornaments to spine. Light rubbing with some wear to extremities, chip to spine head of Volume II, hinges just starting at ends, a few tiny scuffs, front hinges cracked but secure. Light foxing to most of text, smudges and inkstains to a few leaves. Early signatures to front endleaves. Ex-library. Bookplates to each front pastedown. An appealing unsophisticated copy. $750.
* First American edition. Written around 1680 and published posthumously in 1698, this important work is one of the earliest modern statements of republican ideals. Sidney proposes a doctrine of natural justice and governmental order from which all institutions vary at their peril. More important, he asserts that a king’s authority is granted by parliament, which has the additional power to depose him-controversial ideas indeed during the Restoration period. It was an influential book in the American colonies. Thomas Jefferson described it as “probably the best elementary book of the principles of government, as founded in natural right which has ever been published in any language; and it is much to be desired in such a government as ours that it should be put into the hands of our youth as soon as their minds are sufficiently matured for that branch of study” (cited in Sowerby). John Adams cited it in court during his defense of Captain Preston and the other soldiers indicted in the Boston Massacre. In a letter written to Jefferson at the end of his life, Adams says that he reread the Discourses recently and was impressed by “the intrinsic merits of the work, as for the proof it brings of the bitter sufferings of the advocates of liberty from that time to this, and to show the slow progress of moral, philosophical, political illumination in the world” (Adams). Sowerby, Catalogue of the Library of Thomas Jefferson III:12. Adams, The Works of John Adams 10:410. Shaw and Shoemaker 9359. See illustration below.

87. Smith, A.L. Church and State in the Middle Ages: The Ford Lectures Delivered at Oxford in 1905. Oxford: At the Clarendon Press, 1913. [viii], 245 pp. Original cloth, moderate shelfwear, binding slightly cocked, front hinge cracked but secure. Owner stamp to front free endpaper, occasional notes and underlining in light pencil, interior otherwise clean. $35.

A “Storehouse of Case-Law on
the Subject of Divorce” from 1884

88. Stewart, David. The Law of Marriage and Divorce, As Established in England and the United States. San Francisco: Sumner, Whitney & Company, 1884. xxiv, 546 pp. 12mo. (4" x 6"). Contemporary flexible law calf, blind frames to boards, fragments of lettering pieces to spine. Some scuffing to covers, moderate wear to extremities, worming to upper corner of final few index leaves with minor loss to text. Early owner signature to front pastedown, interior otherwise clean. A solid copy of an uncommon title. $150.
* First edition. “Mr. Stewart has succeeded in bringing into a very small compass a most comprehensive Digest of the law relating to Marriage and Divorce. (...) [It] cannot fail to be very useful to all who consult its pages for they will find in it a compendious and well indexed storehouse of case-law on the subject of Marriage and Divorce.”: Law Magazine & Law Review, 5th Series 11 (1885-1886) 315-316. OCLC locates 30 copies of this edition, 57 of all editions. HLC II:660.

The Important First Abridged
Edition of Story’s Commentaries

89. Story, Joseph [1779-1845]. Commentaries on the Constitution of the United States; With a Preliminary Review of the Constitutional History of the Colonies and States, Before the Adoption of the Constitution. Abridged by the Author, For the Use of Colleges and High Schools. Boston: Hilliard, Gray, and Company/Cambridge: Brown, Shattuck, and Co., 1833. xliii, 736 pp. Octavo (5-1/2" x 9"). Contemporary sheep, blind fillets to boards, raised bands and lettering piece to spine. Light rubbing with minor wear to extremities, corners bumped, front hinge cracked but secure, rear hinge just starting. Armorial bookplate of Edward Everett to front pastedown with a presentation inscription, apparently by Everett, to the “Library of the Boston and California Mining and Trading Company.” Later owner bookplate to front free endpaper. Offsetting to margins of endleaves, light foxing to about of text, faint dampstaining to rear quarter. Ex-library of the Boston and California Company. Company name and location number to foot of spine. An appealing copy with an interesting association. $750.
* First edition of the influential abridged edition. Intended for a broader audience than the three-volume first edition (1833), this is version that most people read. It also served as the basis for the French translation, which was published in 1843. Dedicated to John Marshall, it presented a strongly Federalist interpretation. Comparing it to The Federalist, James Kent said Story’s work was “written in the same free and liberal spirit, with equal exactness and soundness of doctrine, and with great beauty and eloquence of composition.... Whoever seeks...a complete history and exposition of this branch of our jurisprudence, will have recourse to [this] work, which is written with great candor, and characterized by extended research, and a careful examination of the vital principles upon which our government reposes.”: cited in Marvin, Legal Bibliography (1847) 669-670. Edward Everett [1794-1865] was president of Harvard University, the U.S. Ambassador to Prussia and the governor of Massachusetts. Nationally famous, he was considered the nation’s greatest orator and was the main speaker at the dedication of the Soldier’s National Cemetery at Gettysburg, PA. (Unfortunately for his place in oratorical posterity, the following speech was Lincoln’s Gettysburg Address.) Cohen 2915. See illustration below.

Final Antebellum Edition of Story’s Commentaries

90. Story, Joseph. [Bennett, Edmund Hatch, Editor]. Commentaries on the Constitution of the United States. Boston: Little, Brown and Company, 1858. Two volumes. Volume I includes 8-page publisher catalogue. Octavo (6" x 9-1/4"). Contemporary law calf, blind frames to boards, raised bands and lettering pieces to spines. Some rubbing to extremities and spines, minor scuffing, large dampstain and some warping to front board of Volume I, small crack along one of its spine bands. Browning and offsetting to endleaves, occasional foxing to text, faint dampstaining to margins of Volume I. A solid set. $1,500.
* Third edition. Cohen 2917. See illustration below.

Bigelow’s Edition of Story’s Commentaries

91. Story, Joseph. Bigelow, Melville, Editor. Commentaries on the Constitution of the United States. Boston: Little, Brown and Company, 1891. Two volumes. Octavo (6" x 9-1/4"). Recent period-style quarter calf over cloth, raised bands and lettering pieces to spines, endpapers renewed, crack between front endleaf and title page repaired with cloth tape. Some offsetting and small chips to margins of endleaves, interiors otherwise fresh. Ex-institution law library. Small inkstamps to preliminaries. A handsomely bound set. $1,500.
* Fifth edition. HLC II:669.

92. [Taylor, Hannis (1851-1922)]. The Real Authorship of the Constitution of the United States Explained: James Madison and Pelatiah Webster Defended by Hannis Taylor Against Attacks Contained in Senate document No. 402, Sixty-Second Congress, Second Session, Entitled: “Pelatiah Webster and the Constitution, An Article Prepared by Gaillard Hunt and Published in the Nation of December 28, 1911. Washington: [U.S. Government Printing Office], 1912. [ii], 87 pp. Contemporary three-quarter pebbled calf over pebbled cloth, rebacked with raised bands, marbled endpapers and top edge, text printed on fine wide-margined paper. Some rubbing with wear to corners, clean tear to front free endpaper, internally pristine.  $450.
* A fine-press reprint of United States Congress, Second Session, Senate, Document 787. Pelatiah Webster was a Philadelphia merchant who published a pamphlet entitled “A Dissertation on the Political Union and Constitution of the Thirteen United States of America” in 1783. Taylor believes this was, in effect, the first draft of the Constitution and a guide for James Madison, who seems to have read it with interest. (The complete text of this pamphlet is included.) A controversial theory, it is largely discredited today. Taylor was a lawyer, scholar and ambassador to Spain during the Cleveland administration.

93. Taylor, John. A Summary of the Roman Law, Taken from Dr. Taylor’s Elements of the Civil Law to which is Prefixed A Dissertation on Obligation. London: Printed for T. Payne, at the Mews Gate, 1772. lxx, 328, [31] pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-506-8. Cloth.  $95.
* A landmark in the history of English reception of Roman law, Taylor’s Elements was originally written in 1754 a primer on the Roman law and the principles of law in general for the grandsons of the Earl of Granville, to whom he had been appointed tutor.

Annotated New York Code Of Procedure, 1864

94. Townsend, John, Editor. The Code of Procedure, Of the State of New York, As Amended to 1864. With Notes, An Appendix, and Index. New York: John S. Voorhies, Law Bookseller and Publisher, 1864. 1002 pp. Octavo (6" x 9-1/4"). Contemporary law calf, blind rules to boards, raised bands and lettering piece to spine. Light rubbing to extremities with negligible wear, tiny scuff to front board, faint stain to rear, hinges cracked but secure. Small early owner bookplate to front pastedown. Occasional light foxing, interior otherwise fresh. A well-preserved copy.   $150.
* Eighth edition. Annotated throughout, this volume contains the entire procedural code as adopted by the legislature in 1848. The first annotated edition, by John S. Voorhies, was published in 1849. Although most of the editions from the second onward were edited by Townsend, the work was known as “Voorhies’ Code.” OCLC locates 28 copies. Babbitt 359.

95. [Trial]. Bok, Curtis, Presiding Judge. Commonwealth v. Gordon, Et. Al.: The Opinion of Judge Bok, March Eighteenth 1949. [Introduction by Blanche and Alfred Knopf]. [N.p: Printed by the Grabhorn Press for Blanche and Alfred Knopf, Christmas 1949]. [vi], 57, [1] pp. Folio (9-1/2" x 12-1/2"). Quarter linen over decorated paper boards, paper spine label, deckle edges, slipcase lacking. Text printed on wide-margined laid paper within red ruled borders. Negligible shelfwear, internally pristine. Matching Christmas card from the Knopfs laid in. $95.
* From an edition of 500 copies. This trial concerned five booksellers who were brought to trial on January 3, 1949 on the charge of violating a Pennsylvania obscenity statute. The obscene books included titles by Erskine Caldwell, William Faulkner, Harold Robbins and James T. Farrell.

Trial of the Leaders of the First Jacobite Rebellion

96. [Trial]. Charnock, Robert [c.1663-1696], Primary Defendant. The Tryals and Condemnation of Robert Charnock, Edward King, and Thomas Keyes, for the Horrid and Execrable Conspiracy to Assassinate His Sacred Majesty, K. William, in Order to a French Invasion of This Kingdom. Who Upon Full Evidence Were Found Guilty of High-Treason, at the Sessions-House in the Old-Baily, March 11, 1695/6, Together With a True Copy of the Papers Delivered by Them to the Sheriffs of London and Middlesex at the Time of their Execution. London: Printed for Samuel Heyrick and Isaac Cleave, 1696. 76 pp. Folio (8-1/2" x 13-1/2"). Recent period-style quarter calf over cloth, raised bands and lettering piece to spine, endpapers renewed. Light browning to text, light soiling, creases and some tears to leaves at beginning and end of text, edges trimmed. An attractive copy. $750.
* First edition. Charnock, Keyes and King were tried and executed for their leading roles in the first Jacobite Rebellion, which aimed to restore the exiled James II to the English throne after the Glorious Revolution of 1688. The leading figure was Charnock, who held a captain’s commission from King James. This report contains a record of the charges against the defendants and the circumstances surrounding their plot to assassinate King William III, the arguments and testimony for the prosecution and defense, the judgment, sentence and the final statements of the condemned before their execution. Wing T2244.

The First Medical Malpractice Case in the U.S.

97. [Trial]. Crosby, Dixi [1800-1873], Defendant (and Editor). Report of a Trial for Alleged Mal-Practice, Against Dixi Crosby, M.D., Professor of Surgery, &c., In the Dartmouth Medical College; In the Windsor County Court at Woodstock, May Term, 1854. Verdict For the Defendant. Woodstock: Printed by Lewis Pratt, Jr., 1854. 85 pp. 5 woodcut illustrations of medical procedures. Pamphlet in original printed wrappers bound into later buckram binding. Light shelfwear with minor fraying to head of spine, a few tiny spots to boards, library location number to foot of front board. Later owner signature to front free (endpaper of binding). Light soiling to wrappers, interior notably fresh. A nice copy of an uncommon title. $500.
* Only edition. Lorenzo Slack sued Dr. Crosby for negligence in the treatment of his broken leg and was awarded $800.in damages plus court costs. Crosby appealed his case successfully the following year. Taken together, the two trials comprise the first medical malpractice case tried in the United States. This report of the second trial, along with a summary of the first, was edited by Crosby. His preface states that “[s]everal reasons have influenced me in publishing the testimony given in the [second] trial.... So far as I know, it is the first suit ever brought against a consulting Surgeon, and the first, also, where there has been an attempt to make Counsel answerable for consequences or results over which he did not or could not have any control. This is the only way to bring the knowledge of the profession the law and its interpretation, which defines the legal connection of physician and patient. To me it has been expensive knowledge—to the medical profession I hope it will be profitable.”: Preface [3]. OCLC locates 17 copies. Cohen 12034.

98. [Trial]. Ehrlich, J.W., Editor. Howl of the Censor. San Carlos, CA: Nourse Publishing Company, [1956]. xiv, 144 pp. Cloth very good in lightly worn dust jacket. $15.
* First edition. Lawrence Ferlinghetti, the poet, publisher and owner of City Lights Bookshop, was indicted because he sold copies of Allen Ginsberg’s censored poem Howl. This book contains trial transcripts with supporting documents and Ehrlich’s commentary.

Complete Transcript of the Rosenberg Trial

99. [Trial]. [Julius and Ethel Rosenberg, Defendants]. Transcript of Record. Supreme Court of the United States. October Term, 1951. No. 111. Julius Rosenberg and Ethel Rosenberg, Petitioners vs. The United States of America. No. 112. Morton Sobell, Petitioner, vs. The United States of America. Petitions for Writs of Certiorari and Exhibit Thereto. Filed June 7, 1952. [New York: National Committee to Secure Justice in the Rosenberg Case, 1952]. Two volumes in eight softbound books, slipcase lacking. Text printed in double columns. Oblong octavo (5-1/2" x 7-1/2"). Light shelfwear, internally clean. An uncommon set. $125.
* According to a note by the committee on the front cover of Book 1, the transcript was reprinted “[i]n response to widespread and growing requests for the facts in the Rosenberg Case... [The Committee is] confident that the dispassionate reader will perceive the gross miscarriage of justice that cries out for redress.” Convicted as Soviet spies, the Rosenbergs were executed in Sing Sing Prison on June 19, 1953. OCLC locates 37 copies.

A Lethal Dose of Strychnine
Intended to Induce Abortion

102. [Trial]. Yerrinton, James M.W., Reporter. Report of the Case of Geo. C. Hersey, Indicted for the Murder of Betsy Frances Tirrell Before the Supreme Judicial Court of Massachusetts; Including the Hearing on the Motion in Arrest of Judgment, The Prisoner’s Petition For a Commutation of Sentence, The Death Warrant, Officer’s Return Upon It, And the Confession. Boston: A. Williams & Co., 1862. 267 pp. Octavo (6" x 9-1/2"). Original cloth, blind stamped frames to board, gilt titles to spine. Rubbing with some wear to board edges, corners bumped chipping to spine ends, rear joint cracked but secure. Light foxing to a few leaves, interior otherwise fresh. $100.
* First edition. “Hersey had been living in Weymouth [Massachusetts] with the Tirrell family since the sudden death four months before of their daughter and his fiancee, Mary Tirrell. A second daughter, Betsy became pregnant by him, and he gave her a drug which he represented would cause an abortion. Actually, it was strychnine which he had obtained in Boston allegedly to poison a dog. He was convicted and hanged. The preface claims this to be the only (in 1862) published trial in which strychnine was detected by analysis in the deceased.”: McDade, The Annals of Murder 472. HLC II:1099.

A Litmus Test for Libel Cases,
Juries and English Protestantism

103. [Trials]. [Sancroft, William (1617-1693), Et Al. Defendant]. [Trial of the Seven Bishops]. The Proceedings and Tryal in the Case of The Most Reverend Father in God William, Lord Archbishop of Canterbury, And the Right Reverend Fathers in God, William Ld. Bishop of Asaph, Francis Lord Bishop of Ely, John Lord Bishop of Chichester, Thomas Lord Bishop of Bath and Wells, Thomas Lord Bishop of Peterborough, and Jonathan Ld. Bishop of Bristol. In the Court of Kings-Bench at Westminster, in Trinity-Term in the Fourth Year of the Reign of King James the Second, Annoque; Dom. 1688. London: Printed for the Booksellers in Town and Country, 1739. 431 pp. Copperplate portrait frontispiece of the seven bishops. Octavo (4-1/4" x 6-1/2"). Nineteenth-century calf, black-stamped fames and gilt ornaments to boards, raised bands edged with black-stamped fillets, gilt ornaments and gilt titles to spine, marbled endpapers, edges rouged. Rubbing with light wear to extremities, tiny scuff to front board. Armorial bookplate to front pastedown. Upper corner of title page repaired with negligible loss to text, title page and final leaf mounted, margins trimmed closely, but with no loss. Some soiling to title page and final index leaf, light foxing, interior otherwise fresh. $500.
* Third and final edition of a work first published in 1689. In 1688 James II reissued his Declaration of Indulgence, which suspended the penal laws enacted against Catholics and dissenters, and ordered the Anglican clergy to read it to their congregations. The Archbishop of Canterbury and six bishops petitioned against this order on the ground that the suspending power had been declared illegal by Parliament. They were indicted in the King’s Bench for seditious libel, but were acquitted to great public acclaim. The “Trial of the Seven Bishops,” as it came to be known, confirmed the subject’s right to petition the crown. Moreover, by assigning the questions of publication and libel to a jury the court set a precedent that was later enacted into law by the Fox Libel Act of 1792. The trial also reflects the antipathy of English Protestants towards Catholicism and the Stuarts. Indeed, this trial was one of the events that led to the Glorious Revolution of 1688. OCLC locates 7 copies of this edition. A few records state erroneously that this edition should have a frontispiece. HLC II:1186. See illustration below.

104. United States Navy Department. Compilation of Navy and Other Laws from the Revised Statutes and Statutes at Large Passed by the Forty-Third Congress Ended March 4, 1875, With an Appendix Containing Such Private and General Relief-Acts, Etc. As Are of Interest to the Navy. Washington: Government Printing Office, 1875. 374 pp. Octavo (5-1/2" x 9"). Contemporary law calf, blind fillets to boards, red and black lettering pieces to spine. Some rubbing and scuffing, joints just starting at ends, hinges cracked but secure. Offsetting and some chipping to endleaves, interior otherwise clean.   $35.
* “This compilation is designed to embrace such laws of the United States as are of general interest to the Navy, the Marine Corps, and the Navy Department, and to Present a more convenient book of reference than the Revised Statutes.” Preface [iii]. OCLC locates 16 copies.

A New York Congressman on Nullification

106. Verplanck, Gulian C. [1786-1870]. A Letter to Col. William Drayton, of South Carolina, In Assertion of the Constitutional Power of Congress to Impose Protecting Duties. New York: Printed for E. Bliss, 1831. 31 pp. Octavo (5-1/2" x 8"). Recent period-style quarter calf over cloth, blind fillets and lettering piece to spine, endpapers renewed. Faint dampstain to bottom edge of text, interior otherwise fresh.  $500.
* Verplanck was a U.S. Congressman from New York and a member of the Committee of Ways and Means. Drayton was a Congressman from South Carolina. Attempting to foster economic development, Congress enacted a body of legislation in 1824 that included transportation subsidies and a protective tariff on imports. Many southerners believed these policies promoted northern growth at their expense. By the early 1830s Drayton and other southern leaders began to assert the right to nullify laws if they found them to be harmful to their region. In 1832 South Carolina declared the tariff unconstitutional and took steps to block tariff collections within the state. President Jackson acted quickly to uphold federal supremacy and threatened to use military force. The crisis was defused by Jackson’s response and Congress’ decision to reduce the tariff in 1833. OCLC locates 19 copies. Cohen 10585.

107. Vine, Phyllis. One Man’s Castle: Clarence Darrow in Defense of the American Dream. New York: Amistad, 2004. xii, 337 pp., [16] pp. of plates: ill., map. Cloth in dust jacket. Fine. $15.
* First edition.

Important Critical Edition of Early Welsh Laws

108. [Wales]. [Record Commission, Great Britain]. Ancient Laws and Institutes of Wales; Comprising Laws Supposed to be Enacted by Howel the Good, Modified by Subsequent Regulations Under the Native Princes Prior to the Conquest by Edward the First: And Anomalous Laws, Consisting Principally of Institutions Which by the Statute of Ruddlan Were Admitted to Continue in Force: With an English Translation of the Welsh Text. To Which are Added a Few Latin Transcripts, Containing Digests of the Welsh Laws, Principally of the Dimetian Code. With Indexes and Glossary. Printed By Command of His Late Majesty King William IV. Under the Direction of the Commissioners of the Public Records of the Kingdom. [London: Printed by George E. Eyre and Andrew Spottiswoode, Printers to the Queen’s Most Excellent Majesty, 1841]. [vi], xv, [9], 1005 pp. Main text in parallel columns. Folio (10" x 14"). Recent cloth, gilt titles to spine, endpapers renewed. Occasional small woodcuts. Lower corners lacking from half-title and title page with minor loss to text, light browning and minor chipping to outer edges of preliminaries and final index leaves. Minor tears and finger smudges to a few text leaves, interior otherwise fresh.  $600.
* First folio edition. With indexes and a glossary of Welsh and other terms. Also published in a two volume octavo edition, this is a scholarly critical edition of early Welsh laws based on original manuscript sources. The texts in Welsh have parallel English translations. Contents include the Vendotian Code, the Dimetian Code, the Gwentian Code, Anomalous Laws, the Leges Howeleis Boni and the Statuta de Rothelan. It remains a standard source for scholars of this period. HLC II:791. See illustration below.

109. Ward, Robert. A Treatise of the Relative Rights and Duties of Belligerent and Neutral Powers in Maritime Affairs: in which the Principles of Armed Neutralities and the Opinions of Hubner and Schlegel are Fully Discussed. London: Diplomatic Review Office, 1875. Reprint. Littleton: Fred B. Rothman & Co., 1988. xv, 180 pp. Cloth. New. $38.
* The carefully considered work upon the still vexed issues of neutrality and contraband by the Inner Temple barrister and protege of Eldon, praised by Holdsworth as the sole Englishman to write upon international law from a philosophical perspective.

Early Scottish Treatise on Succession

110. Watson, James. A Treatise on the Law of Scotland Respecting Succession, As Depending on Deeds of Settlement. In Two Parts: I. Heritable Succession. II. Moveable Succession. With an Appendix Shewing the Order of Heirs in Heritage Ab Intestato; The Order of Executors Qua Nearest of Kin, and the Doctrine of Collation; The Confirmation of Executors, and the Import of the Late Act, 4. Geo. IV. Cap. 98. &c. Edinburgh: Printed for Bell & Bradfute, 1826. xv, 448 pp. Octavo (5-1/2" x 8-3/4"). Contemporary quarter cloth over paper boards, paper title label and library shelf label to spine, untrimmed edges, several unopened signatures. Some rubbing, light wear to spine ends and corners, a few tiny stains to boards, hinges cracked but secure. Occasional light foxing, interior otherwise fresh. Ex-library. Small location label to spine, bookplate to front pastedown. An appealing copy of a scarce title. $450.
* Only edition. OCLC locates 3 copies. “The discussions contained in the following pages...relate to the most important branch of the law concerning the security of property. The conspicuous place which the subject occupies in the works of Institutional Writers on the Law of Scotland, and the great variety of decided cases in this department of practice, shew the reality and extent of its importance. It is rather remarkable, however, that no separate Treatise has hitherto been written on the Law of Succession. In the posthumous work of Mr. Erskine, indeed, this subject is included among others, and explained with that Author’s usual ability and accuracy. But, since that publication first appeared, many changes have taken place...”: Preface vi-vii. Sweet & Maxwell 5:124. See illustration below.

English Treason Law and Scottish Courts

112. [West, Richard]. A Discourse Concerning Treasons, and Bills of Attainder. London: Printed for J. Roberts, 1716. [iv], 111 pp. Octavo (4-3/4" x 7-1/2"). Stab-stitched pamphlet bound into recent period-style quarter calf over marbled boards, raised bands and lettering piece to spine. Some soiling to title page and verso of final leaf. “By Mr. West” in fine early hand to title page, interior otherwise fresh. $650.
* First edition. This was one of several tracts published after Parliament introduced the English law of treason and its procedure into Scotland in 1708, a year after the Act of Union. This tract argues that bills of attainder are justifiable in certain situations. OCLC locates 32 copies. Not in Sweet & Maxwell or the British Museum Catalogue.

With New Introduction by Bryan Garner

113. Whishaw, James. A New Law Dictionary: Containing a Concise Exposition of the Mere Terms of Art, and Such Obsolete Words as Occur in Old Legal, Historical and Antiquarian Writers. London: J. & W.T. Clarke, 1829. Reprinted 2004 by The Lawbook Exchange, Ltd. With new Introduction by Bryan A. Garner. ISBN 1-58477-359-6. Cloth. $125.
* Whishaw [1808-1879], a member of Gray’s Inn, set out to produce a law dictionary in the tradition of Rastell, which would offer “the exposition of the common terms and phrases of the Law” (Preface p. vi) in a concise manner unlike the voluminous dictionaries that were being produced contemporaneously. Although intended as a simplification of terms and created for the young lawyer, this is by no means a dictionary merely for the novice. Whishaw included French, Latin and English words and phrases as well as “obsolete words” from “old legal, historical and antiquarian writers” and cited early law books and dictionaries in the entries (Cowell, Blount, Hale’s Pleas of the Crown, etc.). This dictionary went into a later edition in 1832. In 1835 Whishaw published A Synopsis of the members of the English bar. This important work remains uncommon institutionally and in the trade.

1855 Treatise on New York Equity Jurisprudence