A Report of the Case of Horner Against Liddiard; Upon the Question of What Consent Is Necessary to the Marriage of Illegitimate Minors Determined, on the 24th May 1799, by Alexander Croke, - Softcover

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1800 Excerpt: ... It was the introduction of the mode of le-The in troduftion gitimation by a fubfequent marriage, through of the medium of the canon law, which was fo vehemently rejected by our brave ancef-tors at the parliament of Merton, and which drew from them the celebrated decla-ration--" Quod nolunt leges Anglise mu-"tare, quse hujufque ufitatas funt et appro-"bats V Their refufal was not without good reafon. The policy of the Englifh law upon this head, is greatly fuperior to that of the Roman code. But we have al-ready obferved, that legitimation wasunknown to the Roman law, whilft it fubfifted in its primitive perfection, during the republic, and as long as the empire retained the fpirit and vigour of the republican inftitutions. It was introduced in the decrepitude of their legiflation; and, at firft, with an effeft merely retrofpeclive, to enable thofe, who had al-ready children fo improperly born, to repair their fault, and not fuch as fhould keep concubines in future.? 20 Hen. III. c. 9. But perhaps the violence which the barons fhewed upon that occafion was not fo much owing to the goodnefs, or badnefs, of the meafure itfelf, as to their well-founded fears of the power of the clergy. They knew their influence over the minds and confciences of men, their extenfive power, and pofleflions, and the opposition of their interefts to the conftitution and liberties of the country. Though the propofal therefore was artfully calculated, by falling in with the paftions of many of the barons, to reconcile them to the civil law, they were juftly alarmed at any attempt to introduce gradually a code, of whole contents they were ignorant, and whofe application that body might direct to their own purpofes, 'From the fame excellent motives were derived their affefted hatred of...

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