Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
Those so fortunate as to avoid the punishments of the past centuries,
when death lurked in every charge filed against the poor and oppressed,
must have felt a sort of consolation in being able to run the gauntlet of
such barbarities and delusions, and to die a natural death, and this is
no doubt why we find such evidence of jocularity, mixed with a strain of
pathos running through the “Quaint and Curious Wills” and testaments of
antiquity.
Some of the great painters of modern times, such as the late Sir Lawrence
Alma-Tadema, have depicted scenes upon the canvas, in such manner as to
make antiquity to live again before modern eyes—to resurrect, as it were,
the men and women of the past centuries and to infuse new life into their
bodies—so that they seem to again assume real form and being.
This comes from a close study of the subjects and a genius, almost akin
to a divine gift. No such gift can aid the lawyer, or did in this
instance, who seeks to reproduce pen pictures of the antique proceedings
of the past, but study of the subject is of course essential to give any
tolerable idea of the obsolete laws and customs of other days.
A keen interest in these old proceedings prompted a somewhat painstaking
study of many antique volumes, as a basis for the presentation of the
following pages, but the duties of a quite busy professional life have
prevented the exhaustive investigation that would otherwise have been
given the subjects treated.
The sources of the information used in the different essays appear in
notes and references throughout the work and it is to be hoped, if the
usual modicum of instruction may be lacking, that some of the interest
felt by the author, in tracing the old laws and customs of previous ages,
may, in a measure, be shared, by the reader, who is kind enough to peruse
the work.
Not nearly all the learning or the law upon any one of the subjects
presented, will be found set forth in the different paragraphs pertaining
to the various subjects introduced, but a general outline of each topic,
with frequent illustrations from concrete cases, will appear.
None of the many legal antiquities of the Grecian States or the Roman
Empire, which could be so profitably discussed, have been attempted, but
only a few of the antique English laws and customs that have particularly
attracted the attention of the author. These several subjects were all
given cursory examinations in the preparation of the data for “Law in
Shakespeare” and the superficial investigation in connection with that
work, led to the more minute treatment herein. This is the apology for
the undertaking and the engrossment of professional duties is the excuse
for the limited scope of the treatment accorded each subject.
Public-domain text, read in full here on John Shaqi.
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