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
Renaissance, Reformation and Reception, and a part characteristic of
that liberal and rational university of which he was professor, public
orator and vice-chancellor[18].
Some German historians, as you are aware, have tried to find or to
fashion links that will in some direct and obvious manner connect the
Reformation and the Reception. In one popular version of the tale
protestantism finds a congenial ally in the individualism and capitalism
of the pagan Digest[19]. In truth I take it that the story is complex.
Many currents and cross-currents were flowing in that turbid age. It
so happens that in this country we can connect with the heresiarchal
name of Wyclif a proposal for the introduction of English law, as a
substitute for Roman law, into the schools of Oxford and Cambridge[20].
On the other hand, the desire for a practical Reception of the civil
law is ascribed to the future cardinal, who in his last days reconciled
England for a moment, not with the Rome of the Digest, but with the Rome
of the Decretals. And by the way we may notice that when the cardinal
was here upon his reconciliatory errand he had for a while as his legal
adviser one of the most learned lawyers of that age, the Spaniard Antonio
Agustin. But we in England take little notice of this famous man, who, so
foreigners assure us now-a-days, began the historical study of the canon
law and knew more about the false Isidore than it was comfortable for him
to know[21]. Our Dr Smith was protestant enough; but his Oxford colleague
Dr John Story showed zeal in the cremation of protestants, helped Alva
(so it is said) to establish the Inquisition in the Netherlands, was
hanged as a traitor at Tyburn in 1571 and beatified as a martyr at Rome
in 1886. Blessed John Story was zealous; but his permanent contribution
to the jurisprudence of his native land was (so far as I am aware) an
early precedent for the imprisonment of a disorderly member by the House
of Commons, and a man may be disorderly without being a jurist[22].
Ulrich Zäsi went part of the way with Luther; but then stayed behind
with Erasmus[23]. He had once compared the work that he was doing for
the Corpus Juris with the work that Luther was doing for the Bible[24].
The great Frenchmen answered the religious question in different ways.
One said ‘That has nothing to do with the praetor’s edict.’ His rivals
charged him with a triple apostasy[25]. Three or four of them were stout
huguenots, and we must not forget that Calvin and Beza had both been at
Bourges and had both studied the civil law. Melanchthon also was a warm
admirer of Roman jurisprudence[26]. It is reported that Elizabeth invited
Francis Hotman to Oxford[27]. He was protestant enough, and fierce
enough to exchange letters with a tiger[28]. He is best known to English
law-students as the man who spoke light words of Littleton and thus
attracted Coke’s thunderbolt[29]; but if he thought badly of Littleton,
Public-domain text, read in full here on John Shaqi.
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