Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
although their parents may marry afterward. Beaumont and Fletcher, in
one of their plays, make a punning reference to that. It seems to have
struck Beaumont and Fletcher as it does us, that it was a cruel law
for the Parliament to make; when the church for once was liberal, it
was queer that the Parliament should be illiberal; so Beaumont and
Fletcher, in one of their plays, say: "The children thou shalt get
_by this civilian_ cannot inherit by the _law_." This is interesting,
because they use all the words I have been trying to define; when they
say "the children thou shalt get by this _civilian_," they mean by
this civilian a person who is under the civil, or Roman, or church
law; that is, they mean to say, although you marry a woman who is
a church member and under the jurisdiction of the bishop, etc.,
nevertheless the church law won't help you; your children by her
cannot inherit by the _law_, and the law as used by Beaumont and
Fletcher and as used by me and as used in English books means the
_common_ law, the common _secular_ law, the law of _England_, not the
civil or canon law.[1] Beaumont and Fletcher evidently thought it was
a very illiberal statute; and our modern American States have all come
to Beaumont and Fletcher's conclusion; they have universally reversed
the old English statute and gone back to the church law, so that
throughout the United States to-day a child born before the marriage
of its parents is legitimate if its parents afterward marry. That is
true, no matter how late it is; if the man marries her even on his
death-bed, all his children are legitimized.
[Footnote 1: "And so all the earls and barons answered with one voice,
that they would not change the laws of England."]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account