A Sketch of English Legal History (1915)

Frederic William Maitland,Francis Charles Montague

Format
Paperback
Publisher
Kessinger Publishing
Country
United States
Published
21 November 2009
Pages
250
ISBN
9781120708700

A Sketch of English Legal History (1915)

Frederic William Maitland,Francis Charles Montague

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: A Sketch of English Legal History CHAPTER I Early English Law, 600-1066 A.d. Legal History. When we speak of a body of law, we use a metaphor so apt that it is hardly a metaphor. We picture to ourselves a being that lives and grows, that preserves its identity while every atom of which it is composed is subject to a ceaseless process of change, decay, and renewal. At any given moment of time?for example, in the present year?it may, indeed, seem to us that our legislators have, and freely exercise, an almost boundless power of doing what they will with the laws under which we live; and yet we know that, do what they may, their work will become an organic part of an already existing system. Continuity of English Law. Already, if we lookback at the ages which are the most famous in the history of English legislation?the age of Bentham and the radical reform, the age which appropriated the gains that had been won but not secured under the rule of Cromwell, the age of Henry VIII., the age of Edward I. ( our English Justinian )?it must seem to us that, for all their activity, they changed, and could change, but little in the great body of law which they had inherited from their predecessors. Hardly a rule remains unaltered, and yet the body of law that now lives among us is the same body that Blackstone described in the eighteenth century, Coke in the seventeenth, Littleton in the fifteenth, Bracton in the thirteenth, Glanvill in the twelfth. This continuity, this identity, is very real to us if we know that for the last seven hundred years all the judgments of the courts at Westminster have been recorded, and that for the most part they can still be read.‘ Were the world large enough to contain such a book, we might publish not merely a biography,but a journal or diary, of E…

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