English Law and the Renaissance: The Rede Lecture for 1901 — John Shaqi
English Law and the Renaissance: The Rede Lecture for 1901Maitland, Frederic William
History
English Law and the Renaissance: The Rede Lecture for 1901
Maitland, Frederic William
Law -- England -- History; Renaissance -- England
Wyclif, _Unprinted English Works_, Early English Text Society, 1880, p.
157: ‘Þe fyue and twentiþe errour: þei chesen newe lawis maad of synful
men and worldly and couetyse prestis and clerkis … for now heþenne mennus
lawis and worldly clerkis statutis ben red in vnyuersitees, and curatis
lernen hem faste wiþ grete desire, studie and cost.… _Ibid._ p. 184: …
lawieris maken process bi sotilte and cauyllacions of lawe cyule, þat is
moche heþene mennus lawe, and not accepten the forme of þe gospel, as
ȝif þe gospel were no so good as paynymes lawe.’ It is interesting to
see Janssen’s denunciation of Roman law as Pagan thus forestalled by the
great heretic, in whose eyes the Decretals were but little, if at all,
better than the Digest.
[Sidenote: _A. Agustin in England._]
[21] For Antonio Agustin (born 1517, bishop of Alife 1556, bishop of
Lerida 1561, archbishop of Tarragona 1576, died 1586) see Schulte,
_Geschichte der Quellen und Literatur des canonischen Rechts_, vol. III.,
p. 723; Maasen, _Geschichte der Quellen des canonischen Rechts_, vol. I.,
pp. xix ff. His stay in England is attested in the _Venetian Calendars_,
1555-6, pp. 20, 24, 32, 34, 56, 166. See also _Ibid._, 1556-7, p. 1335.
See also the funeral oration by And. Schott suffixed to Ant. Augustini
_De emendatione Gratiani dialogorum libri duo_, Par. 1607, p. 320:
‘Iulius tertius P. M. … adeo Antonium dilexit ut et intimis consiliis
adhibuerit, legatumque summa cum auctoritate in Britanniam insulam opibus
florentissimam miserit, cum Rex vere Catholicus Philippus secundus
Mariam reginam, Catholicorum regum Ferdinandi et Isabellae neptem, duxit
uxorem.… Anno 1555 revertit ex Anglia Romam Augustinus.’ Apparently he
was sent, not merely in order that he might congratulate Philip and
Mary, but also that ‘tanquam iurisconsultus legato adesset’ (Schulte,
_op. cit._, p. 724). He is charged by modern historians with not having
spoken plainly all that he knew about the origin of the Pseudo-Isidorian
decretals. England may have contributed a little towards the explosion
of the great forgery by means of books that were lent to the Magdeburg
Centuriators by Queen Elizabeth and Abp. Parker. See _Foreign Calendar_,
1561-2, pp. 117-9.
[Sidenote: _B. John Story._]
[22] See Mr Pollard’s life of Story in _Dict. Nat. Biog._ See also
Dyer’s _Reports_, f. 300. On his arraignment for high treason Story
ineffectually pleaded that he had become a subject of the king of Spain.
[23] See Stintzing, _Ulrich Zasius_, pp. 216 ff.
[Sidenote: _Zasius and Luther._]
[24] Ranke, _History of the Reformation in Germany_ (transl. Austin),
vol. II., pp. 97-8.
[Sidenote: _The French lawyers and the Reformation._]
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