History for ready reference, Volume 2, El Dorado to GreavesLarned, J. N. (Josephus Nelson)
History
History for ready reference, Volume 2, El Dorado to Greaves
Larned, J. N. (Josephus Nelson)
History -- Dictionaries
"The 13th century was above all things the age of the lawyer
and the legislator. The revived study of Roman law had been
one of the greatest results of the intellectual renaissance of
the twelfth century. The enormous growth of the universities
in the early part of the thirteenth century was in no small
measure due to the zeal, ardour and success of their legal
faculties. From Bologna there flowed all over Europe a great
impulse towards the systematic and scientific study of the
Civil Law of Rome. ... The northern lawyers were inspired by
their emulation of the civilians and canonists to look at the
rude chaos of feudal custom with more critical eyes. They
sought to give it more system and method, to elicit its
leading principles, and to coordinate its clashing rules into
a harmonious body of doctrine worthy to be put side by side
with the more pretentious edifices of the Civil and Canon Law.
In this spirit Henry de Bracton wrote the first systematic
exposition of English law in the reign of Henry III. The
judges and lawyers of the reign of Edward sought to put the
principles of Bracton into practice. Edward himself strove
with no small success to carry on the same great work by new
legislation. ... His well-known title of the 'English
Justinian' is not so absurd as it appears at first sight. He
did not merely resemble Justinian in being a great legislator.
Like the famous codifier of the Roman law, Edward stood at the
end of a long period of legal development, and sought to arrange
and systematise what had gone before him. Some of his great
laws are almost in form attempts at the systematic
codification of various branches of feudal custom. ... Edward
was greedy for power, and a constant object of his legislation
was the exaltation of the royal prerogative. But he nearly
always took a broad and comprehensive view of his authority,
and thoroughly grasped the truth that the best interests of
king and kingdom were identical. He wished to rule the state,
but was willing to take his subjects into partnership with
him, if they in return recognised his royal rights. ... The
same principles which influenced Edward as a lawgiver stand
out clearly in his relations to every class of his subjects.
... It was the greatest work of Edward's life to make a
permanent and ordinary part of the machinery of English
government, what in his father's time had been but the
temporary expedient of a needy taxgatherer or the last
despairing effort of a revolutionary partisan. Edward I.
is--so much as one man can be--the creator of the historical
English constitution. It is true that the materials were ready
to his hand. But before he came to the throne the parts of the
constitution, though already roughly worked out, were
ill-defined and ill-understood. Before his death the national
Public-domain text, read in full here on John Shaqi.
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