The Lawbook Exchange recently published a catalogue of Items on Display at the 64th Annual New York International Antiquarian Book Fair. This is a varied collection of material related to the law. Some are incunable books, those published before 1500, and others were even older titles that had to wait for Gutenberg to design his press before they could be printed. There are some of the earliest treatises on western law, with ramifications still today. There are also many very early printings of church law and interpretations of doctrine. Early American law can be found, both from the Revolutionary War era and colonial times. The Constitution and constitutional law appear, as are works from some of America and England's most famous jurists and writers. And then, there are some scandalous, sensational accounts of trials and gruesome murders. It's all here. One thing we can say, this is bound to be the best items because what else would you bring to the major book show in America? These are a few selections.
We begin with one of those books that was written much earlier, but had to wait a few centuries for printing to be invented to finally have a printed edition. The title is De legibus & Consuetudinibus Angliae..., an account of the laws and customs of England. The first edition was published in 1569, though it was written in the 1250s. The law was at best vague and not understood when Henry de Bracton wrote his treatise. He separated substantive and procedural matters and promoted the use of precedence in the law. He cited previous cases as as a source for legal rulings, not because it had been formally established as the law, but as guidance for reasonable future decisions. He also emphasized the importance of mens rea (criminal intent) in the law. Maitland described the book as “the crown and flower of English medieval jurisprudence” and “by far the greatest of our medieval law books.” Item 34. Priced at $8,500.
In Bracton's time, and for many centuries thereafter, there was not much humanity in the punishment of crime. Gruesome torture was a common form of punishment. Italian criminologist Cesare Beccaria had far different ideas. He thought the purpose of punishment should be crime prevention rather than revenge. He also thought punishment should be commensurate with the seriousness of the crime. Fines would normally be sufficient for property crimes, and torture and death should never be be employed. He believed the certainty of punishment was the best way to deter crime, not extremes in the way it was implemented. His book is An Essay on Crimes and Punishments. This is a 1778 American edition of a book translated from the original Italian. It was a product of Enlightenment thinking and had important admirers such as Voltaire. Beccaria believed the aim of society should be to promote the greatest good for the greatest number of people, with punishment thereby being appropriate for the crime so as not to inflict unjust suffering on people. Beccaria also was an advocate of prison reform. This edition consists of three works in one and includes essays by Granville Sharpe and Rousseau. Item 1. $3,500.
Beccaria's work was influential on America's founders, as was this next book. It is English Liberties, Or the Free-Born Subject's Inheritance, by Henry Care. It includes copies of several important English documents, such as the Magna Carta and Habeas Corpus Act. It was first published in England in 1680 or 1682. The first American edition was published in 1721, while this second edition came in 1774. The timing of this edition half a century after the first is obvious. It was the time of great discontent in America, published in the same year as the Intolerable Acts. Jefferson owned two copies and it likely influenced him when writing the Declaration of Independence. However, its author, Henry Care, was an unlikely creator for such a work. He did a lot of writing and publishing in his time and he was likely influenced primarily by what was in his own best interests. He was a virulently anti-Catholic writer yet became a supporter of the Catholic King James when he came to power. He was likely taking advantage of anti-government sentiment at the time he published this book, good for business. Item 6. $7,500.
A century ago, women were not often welcome into the professions. They were expected primarily to be housewives, and if they were unmarried or for some reason needed financial support, secretaries or schoolteachers. But then, there were some who could not be held down no matter how hard the challenge. Here is a photograph of a group of such women, those who entered the legal profession. It is a panorama of the first annual convention of the National Association of Women Lawyers in 1923. Dressed in long dresses and hats you used to dress up in to look funny when you were young, a few dozen of them posed for the picture. It was fashionable in 1923. However, the person who stands out for not being like the others is a large man, the only male in the photograph. He is U.S. Supreme Court Chief Justice and former President William Howard Taft. Item 22. $3,500.
We've seen some important works on the law. Now, it's time for entertainment. That which fascinated the common people was not treatises on fundamental rights. People would rather read about crime, and the bloodier the better. It's just human nature. This is a broadside headed Trials and Execution of John and Robert Greers, Two Brothers, For the Murder of Their Father. The broadside is not so much about their trials as the their execution. When the nooses were placed around their necks, Robert was penitent. When exhorted to admit their guilt, Robert prayed and said, “I am a guilty sinner, and suffer justly and lawfully.” On the other hand, John defiantly said, "I forgive my persecutors, prosecutors and all my enemies, and I hope God will forgive them as I do.” Robert implored his brother to confess, but John did not reply. When someone called out to John whether he heard his brother, Robert said simply, “I have done.” He would speak no more. Item 36, circa 1800. $2,000.
The Lawbook Exchange may be reached at 732-382-1800 or law@lawbookexchange.com. Their website is www.lawbookexchange.com
