English Law and the Renaissance: The Rede Lecture for 1901University Press, 1901 - 98 páginas |
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English Law and the Renaissance: The Rede Lecture for 1901 Frederic William Maitland Vista completa - 1901 |
English Law and the Renaissance: The Rede Lecture for 1901 Frederic William Maitland Vista completa - 1901 |
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Página 82 - To BE HELD of us our Heirs and Successors as of our Manor of East Greenwich in the County of Kent in free and Common Soccage and not in Capite or by Knights Service.
Página 21 - Standing at the beginning of a century and in the first year of Edward VII, thinking of the wide lands which call him king, thinking of our complex and loosely-knit British Commonwealth, we cannot look into the future without serious misgivings. If unity of law — such unity as there has been — disappears, much else that we treasure will disappear also, and (to speak frankly) unity of law is precarious. The power of the parliament of the United Kingdom to legislate for the colonies is fast receding...
Página 66 - To give judgment privately is to put an end to reports; and to put an end to reports, is to put an end to the law of England.
Página 17 - That wonderful Edward Coke was loose. The medieval tradition was more than safe in his hands. You may think it pleasant to turn from this masterful, masterless man to his great rival. It is not very safe to say what Thomas More did not know, less safe to say what was unknown to Francis Bacon...
Página 76 - College. ..and in the same year Isaac Royall of Massachusetts, then a resident in London, made his will, giving property to Harvard College for establishing there that professorship of law which still bears his name.
Página 15 - What is distinctive of medieval England is not parliament, for we may everywhere see assemblies of Estates, nor trial by jury, for this was but slowly suppressed in France. But the Inns of Court and the Year Books that were read therein, we shall hardly find their like elsewhere.
Página 82 - Kent, in free and common soccage, and not in capite or by knight's service ; yielding and paying yearly to us, our heirs and successors, for the same, two elks and two black beavers, whensoever and as often as we, our heirs and successors, shall happen to enter into the said countries, territories and regions hereby granted...
Página 56 - Assizes at Salisbury in Summer 1631, fuit assault per Prisoner la condemne pur Felony ; — que puis son condemnation ject un Brickbat a le dit Justice, que narrowly mist. Et pur ceo immediately fuit Indictment drawn pur Noy envers le Prisoner, et son dexter manus ampute et fixe al Gibbet, sur que luy mesme immediatement hange in presence de Court.
Página 9 - And then we see that in 1535, the year in which More was done to death, the Year Books come to an end: in other words, the great stream of law reports that has been flowing for near two centuries and a half, ever since the days of Edward I, becomes discontinuous and then runs dry. The exact significance of this ominous event has never yet been duly explored; but ominous it surely is. Some words that once fell from Edmund Burke occur to us: 'To put an end to reports is to put an end to the law of...
Página 83 - County.'" 73 It may be interesting to notice that in 1856, Roman law and perhaps even in 1871, Sir H. Maine believed '" Americathat the Code of Louisiana ('of all republications of Roman law the one which appears to us the clearest, the fullest, the most philosophical and the best adapted to the exigencies of modern society ') had a grand destiny before it in the United States.