Effective Media Bochum. Effective Media Jung-Stilling-Str. Effective Media Munich. Effective Media Schwarzmannstr. Stronghold 2 TAKE 2. Stronghold 2, the new addition to the popular Stronghold series, is the only game of its kind to unite simulation and strategic battle elements. Angus McCloud: "Ihr habt mich nicht zum letzten Mal gesehen! Sir William: "Ruft einen Apotheker! Sir Grey: "Was sagtet Ihr? Here the family of St. Hemma had many possessions, and her husband, Count William came to the Sann also from this area.. Frederick William, known as the " Great Elector ", who had succeeded his father George William as ruler in initiated a policy of promoting immigration and religious tolerance..
Juni heimlich zum Katholizismus und heiratete offiziell als Lutheraner Magdalene von Bayern.. Mai Against the wishes of his father, a staunch Lutheran, converted Wolfgang William of Neuburg at the June secretly converted to Catholicism and married officially as a Lutheran Magdalene of Bavaria..
- For Students!
- Miss Phryne Fisher Investigates (Phryne Fishers Murder Mysteries Book 1).
- 200 PMP Exam Questions & Answers?
- What the TOFU! (The Dessert Bar Book 3).
- Online Library of Liberty.
The conversion he announced solemnly in the church Sankt Lambertus in Dusseldorf on Eugen von Boch starb am In the process, Octavie was especially supportive of women and girls, even unmarried mothers, giving them the opportunity to undertake an apprenticeship at the factories run by the family.. Soon after their golden wedding anniversary, which the couple celebrated in in good health with their family and many friends and acquaintances in the chapel in Mettlach, Eugen Boch and his direct descendants were elevated by the German Emperor William II in Potsdam to hereditary peerage..
Eugen von Boch died on 11 November , his wife Octavie six months later on 12 May The construction of the Marble Palace in its pleasant location on the shore of the Heilger See marks the arrival of early Classicism in Prussia.. King Frederic William II, successor to Frederic the Great, charged master builder Carl von Gontard with the task of building a summer residence entirely tailored to his personal needs..
So in the years around a freestanding, two-storey cubic buiding with a belvedere on top was created.. Kolbacz German Kolbatz, to Colbatz is a village in the Polish province of West Pomerania, and belongs to the rural community of starlings Czarnowo Neumark in Pomerania in a circle Gryfino Greifenhagen. When the parties were formed in the parliament Droysen joined the moderate liberal Casino party.. However, the hopes he placed in Prussia as the guarantor of the unification of a liberal Germany were disappointed when Frederick William IV of Prussia turned down the imperial crown offered to him by the Frankfurt parliament..
Friedrich Wilhelms I. Was die Zeit der Kolonisten betrifft, die Perioden nach welchen ihre Ansiedlungen eingeteilt waren, so folgte auf die Einleitungsperiode unter Friedrich I. As for the time of the colonists, the periods were divided according to what their settlements, it followed the introduction period of Frederick I. We are using the following form field to detect spammers. Please do leave them untouched. Otherwise your message will be regarded as spam. We are sorry for the inconvenience. Please note that the vocabulary items in this list are only available in this browser.
Once you have copied them to the vocabulary trainer, they are available from everywhere. Unique: The editorially approved PONS Online Dictionary with text translation tool now includes a database with hundreds of millions of real translations from the Internet. What did the Anglo-Saxon thegn want with a town house? Is it not a duty of burgward which obliges the thegns of the shire to have houses and dependents in the burh of the shire?
If such a train of thought as this has occurred to us, much of what Dr Keutgen has written about the deliberate and systematic foundation of burgs in Saxony will seem to us suggestive and luminous. To me it seems that we enter on a new and a very hopeful line of speculation when we shift our attention from markets and handicraft and commerce to the military character of the ancient burh.
For one thing, we are thus enabled to obtain our special peace, and our specially royal peace, on cheaper terms than those that are offered by the Marktrechttheorie. The fictitious royal presence we can obtain, and the royal court which is a public court, co-ordinate with the hundred moot. This, so it seems to me, is what in later days prevents the borough from being engulfed in the system of land-ownership and manorial jurisdiction.
Let me endeavour to explain myself. The king is the lord of the borough. But the borough of which the king is lord is not a tract of soil. I am speaking of the great ancient typical boroughs. In later days there may often, in the earlier days there may sometimes, be boroughs of which the king is lord in every sense; he is the landlord of each burgess; each burgess holds his tenement immediately of the king. So also in later days we may find boroughs of which some other person is the lord.
But in the ancient boroughs, the country towns, this was not the normal state of affairs at the date of the Domesday survey or at any later time. Of course when the feudal theory had been pressed home the king appeared as the lord, the ultimate lord, of every inch of soil in the borough. But he was this only in the sense in which he was the lord of every inch of soil in his realm.
The burgesses were a tenurially heterogeneous group. Some of them were reckoned to belong to divers distant rural manors of the barones comitatus. In later days the thread of tenure which connects a given burgess with the king will often run through the lord of a great honour. So Edition: current; Page: [ 40 ] the borough court is not founded on a tenurial or feudal principle; the burgesses are not peers of one tenure; but the borough court is a link between them, and above that court stands the king, who takes its profits.
Ultimately the burgesses will become its farmers. Jurisdictional unity coupled with tenurial or proprietary heterogeneity is what we have to account for in our ancient boroughs. The structure of the borough is not very like the structure of a manor; it is far more like the structure of a hundred. The court that gives it its unity, and in course of time becomes the centre and organ of burghal liberty, seems from the first to be a national court. I believe that, for England at all events, Dr Keutgen is pointing in the right direction when he suggests that the Burgfriede, or special royal peace conferred upon fortified places which are military units, units in a system of national defence, is the original principle which serves to mark off the borough from the village.
About other matters he is, as already said, critical and eclectic. As regards the economic history of the towns, so many different theories are before the world that probably the time for a wise eclecticism has come. One writer will attribute a larger, another a smaller place to the mercantile element, or again to the element of voluntary association which produces gilds; but then it is by no Edition: current; Page: [ 41 ] means unlikely that this difference of opinion represents a real difference between the history of different towns.
I think, however, that Dr Keutgen must be right when he insists that, if once we can account for the borough court, we may for the rest think of the borough community as being essentially similar to the other communities of the land. There is a great deal of English evidence which tends to show that the borough community was regarded as being at bottom one and the same thing as a village community. The borough is a privileged township; but none the less, or rather all the more, it is a township. In the thirteenth century we are quite right in speaking of the community of London as a villata, and this is sometimes done in official documents; but the community of Little Peddlington also is a villata.
At a time when most villages have courts, manorial courts, there is the utmost difficulty in drawing a well-principled line between the humbler boroughs and the mere townships; the sheriffs can draw an unprincipled line pretty much where they please. All this would surely have been otherwise if men had felt that there was some radical difference between the Dorfgemeinde and the Stadtgemeinde.
As the borough grows in size and power, the borough community becomes much more complex than the village community. Many problems remain to be solved. To me it seems that, whatever may be the case of the Rat in Germany, the borough council of our English towns grows out of the borough court.
To account for the formation of this group of doomsmen is by no means easy; still we may doubt whether even here we have a phenomenon that is only to be found within borough walls. It is not unknown that a rural hundred will have just twelve doomsmen, and that the duty of providing them will be allotted among the great landowners of the hundred in a manner that looks extremely artificial. On the whole, the structural peculiarities which distinguish the borough community seem to disappear somewhat rapidly if we endeavour to pursue them behind the age of borough charters; die Stadtgemeinde ist der Landgemeinde gleichartig.
The notion of a township which is also a hundred vel quasi is a good, though perhaps not an all-sufficient, clue. The following poem is written on a fly leaf in a manuscript belonging to Caius College No. In the last of these treatises, as here presented, the years and are mentioned as the dates of certain imaginary documents.
If we may judge from marginal notes, this volume belonged about the year to a certain Walterus de Hyda. His name is introduced into various legal formulas, written in the margin, which may represent real or may represent imaginary transactions. If they are founded on fact, then we may gather from them that Walter had taken degrees in arts and canon law at Paris tam in artibus quam in decretis laudabiliter rexit Parisius ; also that though of gentle he was of illegitimate birth; also that some Edition: current; Page: [ 44 ] unnamed person had written to the pope asking that Walter might have a dispensation enabling him, though a bastard, to accept a bishopric in case one was offered; also that, on the presentation of a certain M.
Salvage, widow of R. Salvage; also, though this is less clear, that on the Monday before Easter in Adelinya 1 La Savage, lady of Brawatere Broad-water , presented him to S[tephen Berkstead], bishop of Chichester, for institution as rector of Brawatere. Some of these would-be facts may well be true. A family named Salvage held Broadwater 2. In a Master William so the Vatican register has it de Hyda, being then an acolyte and a proctor of certain English prelates, was sojourning at Rome and received a dispensation from the impediment caused by his illegitimate birth 3.
On a fly leaf at the beginning of the volume occurs our song. After this song was written there a legal formula was added, which supposes that W. A good many other notes stand on the same page. There is a short poem about St Nicholas, and there are some tags of jurisprudence and of moral and natural philosophy e.
Nota quod fetor candele extincte iumentis et mulieribus dat aborcionis causam. The poem is written in minute letters, and hardly fills half the page. In substance and in form it is not unlike some of those other songs that have been printed by Mr Wright, Mr Halliwell, and Mr Prothero, though it is somewhat ruder than they are. Its Montfort is the Montfort of popular hagiology, who wears a hair shirt, treads in the footsteps of Becket, and fights for the ideas of Grosseteste.
Its most distinctive traits seem to be the following: 1 Not content with Biblical heroes, such as Abel, Samson, and Nebuzaradan the allusion to whom I do not understand , it introduces Hector, Achilles, and Ulysses. Cadit Hector, Rachel flevit is a charming specimen of mixed mythology. No word is said of any king. For a moment I thought that these stanzas might send us to the newly founded Aula de Balliol at Oxford to find our poet; but its founder, John de Balliol, the lord of Barnard Castle, was a royalist, and Guy seems to have sprung from some more purely Scottish branch of the great family 1.
Any passage in a mediaeval book which compares or contrasts the system of the civilians with our own English law should be treasured. The heresiarch is not a writer whose arguments are easily followed, for they are always taking unexpected turns, or at all events turns which will be unexpected by those who are not familiar and I, for one, am not with the theology and politics of the time. In this tract, for example, he is concerned to belittle the civilians.
Apparently the quarrel that is really near his heart is the quarrel with the canonists. He wants to see a world and a church that have little law other than the law of God laid down in the Holy Scriptures, of which law neither civilians nor canonists but theologians are the custodians and interpreters.
One of his reasons for praising, somewhat faintly, the law of England is that there is not very much of it. Thus they have been withdrawing men and means from theology. Of the two, the clergy of England had better read English than Roman law. Also that it has produced great statesmen. This is an early assertion of the right of the common lawyer, the justice of the law of England, to take his place beside the doctors of the civil law as a clerk and philosopher, or, as we should say, a learned and a liberally educated man.
Elsewhere he is arguing for the disendowment of the civilians and canonists at the universities:—. Still, he adds, something should be known of this foreign matter, in order that men may understand that in old times the pope was subject to the emperor. A historical study of the civil and canon law will teach them how baseless are the pretensions of modern popes. In attacking the papalists Wyclif had been making common cause with the imperialists of the continent.
But he seems to think it necessary that he should dissociate himself from them lest he should be taken to allow the emperor some superiority over the king of England. The imperial theory, the theory of a world-wide monarchy, is attractive and once was useful. A few years afterwards, in the case of the lords appellant, we hear the famous declaration of the peers that this realm never has been and shall not be governed by the civil law. He was quarrelling with the clergy and was concerned to keep the laity, including the king, nobles, and common lawyers on his side. The king was going to take possession of a great deal of ecclesiastical patronage which the pope had destined for himself.
This clever move is partially revealed to us by certain discussions in the Year Books, which have never, I believe, been fully explained because they have never been compared with the plea rolls. The constitution in question was none other than the famous Execrabilis, which fills a prominent place in the constitutional history of the Catholic Church.
For some time past popes and councils had been legislating against pluralism, that is, Edition: current; Page: [ 55 ] against the simultaneous tenure by one clerk of more than one benefice involving a cure of souls 1 Among the laws striking at this evil was a canon of the Fourth Lateran Council , which began with the words De multa 2 This canon is here mentioned merely because a tradition among English lawyers taught, and perhaps still teaches, that a reference was made to it in the cases which are to come before us; but we shall hereafter see that this tradition has its origin in a mistake.
Legislation, however, was futile. The popes themselves made it futile by their dispensations, and those who do not like popes tell us that the laws were made in order that they might be dispensed with. Such a clerk was, within one month after notice of this constitution, to resign all but one of his benefices, or else they were all to be vacant ipso iure. This constitution was no idle word in England. In Edition: current; Page: [ 56 ] the next year we can see Pope John busily at work collating clerks to English benefices which have been vacated by the force of Execrabilis.
To say nothing of the churches that were all his own, he exercised the patronage of infants who were in ward to him, and also the patronage annexed to bishoprics that were vacant. So any measure which emptied churches might do him a good turn and enable him to pay his servants. To this declaration the bishop demurred in that polite form in which we demur to the pleadings of kings. The king replied that by the constitution against plurality the deanery must be adjudged to have been vacant de iure just as though the dean had been deprived thereof by sentence.
So the king craved judgment. Here the record ends, and no more of the case has been found. So much from the roll. The Year Book, like the roll, tells of no judgment. Probably the king and the bishop came to terms. They were proposing to enforce a papal constitution directly and without any certificate from the English ordinary. Well, here is a general judgment and one that is subject to no appeal. That the constitution in question was Execrabilis and not one of the earlier decrees for example De multa would, I believe, be clear even from this case, because of the mention made of the one month which is given to the pluralist for the resignation of his superabundant benefices.
Happily, however, this is put beyond all doubt by the enrolled record of the next case, though it is left dubious in the Year Book. But we must not allow this brutal matter Edition: current; Page: [ 60 ] of fact to spoil a discussion of matter of law. We learn from the Year Book 1 that the counsel for the archbishop were at first inclined to demur. The king, they said, founds his action on a matter that does not lie in the cognizance of this Court, and we do not think that this Court will take cognizance of a matter which ought to be pleaded in Court Christian.
This was a very intelligible line of defence: it is not for the Court of Common Pleas to enforce directly a law against plurality. This is the plea that is upon the roll, where no notice is taken of the abortive demurrer. A jury was summoned and gave the king a verdict. The jurors said upon their oath that after the publication in England of the constitution called Execrabilis, for some six weeks and more, John of Sandale held the church of Wimbledon and certain other churches that they named, that thereby the said church became vacant, and that it remained vacant until by the death of archbishop Robert the temporalities of the archbishopric came into the hands of Edward II.
Judgment was given that the king should recover his presentation and that the archbishop was in mercy 2. On the roll this judgment is followed by a remarkable writ dated April 22, Therefore he revokes his presentation of a certain William of Cheston, declares that the judgment is not to be enforced, and forbids that the archbishop should be further molested. The interesting feature of the case, however, is the proof that the Court of Common Pleas was prepared to put in force one half of the notorious extravagant, and this without requiring any sentence of deprivation pronounced by an English ecclesiastical court.
The pope had said that in a certain event a benefice was to be void; void therefore it was, for the pope had power to make laws and even retrospective laws against pluralism. A very pretty plan! But what would the English prelates say? We can now understand a petition that the clergy presented to the king in the Parliament of This somewhat enigmatical response was converted into a statute. I believe that the justices held their ground. Coke thought that the rule in question was the outcome of De multa, the canon of the Lateran Council of He had seen the Year Books, but did not know that the roll spoke expressly of Pope John and his Execrabilis.
Having mentioned John of Sandale and pluralism, it may be worth our while to observe that this distinguished clerk, while working his way upwards through the royal chancery towards the chancellorship of the realm and the bishopric of Winchester, had become a pluralist of the deepest dye. The only method, however, by which these revenues can be secured for such an object consists in papal dispensations. We cannot get on with the pope, and yet we cannot do without him, for rightly or wrongly we believe that he can legislate for the church.
Wilhelm : German » English | PONS
It is an intricate and is not a pleasant tale; but it deserves telling, and yet will never be told in full until the Year Books have been properly edited. By the Canon Law we here mean the mass of legal rules administered by the ecclesiastical Courts during the Middle Ages. We must not endeavour to describe, even in the briefest manner, the prolonged process of development which issued in the existence of ecclesiastical Courts wielding compulsory powers, and claiming to be independent of the State.
Nor may we dwell upon what may be called the embryonic stage in the growth of the rules which these Courts enforced, a stage which was already beginning in the first days of Christianity. To these ecumenical canons, which might claim the authority of all the Churches or of an universal Church, transcribers added the canons of other famous but not Edition: current; Page: [ 66 ] ecumenical councils; and some of these were deemed to be hardly less authoritative. Also the pre-eminence of that ecclesia which had its home in the capital city of the world was already making itself felt.
The Bishop of Rome was being consulted by other bishops, and his replies to their questions were preserved and reverenced. The germs of an elaborate system of appeal were already visible. In the Western world—the Orient we must leave out of sight—the pope was slowly acquiring a power of declaring law which would in course of time become a power of making law. A distinct stage is marked by the Collectio Dionysiana. It was compiled about the year at Rome by Dionysius Exiguus so he called himself , a monk of Scythian birth.
He collected and translated the canons of famous Eastern councils, and to these he appended some letters issued by the popes from Siricius onwards His work became current in the West. But other collections were current. Canons of very various origins, Oriental, African, Spanish, Gallican, were often transcribed into one book.
The bishops of one province would borrow the collection which had been made in another province, and still enjoyed a considerable liberty of choosing the rules that should be accepted in their dioceses. Another celebrated collection of canons and decretals seems to have taken shape in the Spain of the seventh century.
It has been known as the Hispana or Isidoriana, for without Edition: current; Page: [ 67 ] sufficient warrant it has been ascribed to St Isidore of Seville.
Then about the year this Spanish collection, which had found acceptance in Frankland, became the foundation for a superstructure of forgery. Someone who called himself Isidorus Mercator, and who seems to have tried to personate St Isidore, foisted into the old book a large number of decretals which purported to come from the earliest popes, the immediate successors of St Peter.
That he lived in Frankland seems plain, though attempts to fix his home more accurately have not as yet been perfectly successful. His objects we are beginning to understand; they can only be explained out of the difficult history of the Frankish Church in its darkest age. There seems to be no reason for supposing that he had specially at heart the interests of the papacy; but those interests he indubitably furthered, not only by his endeavours to weaken the power of the metropolitans over their comprovincial bishops, but also and this is of the utmost importance by his propagation of the belief that ever since the apostolic age the Bishops of Rome had been declaring law for the universal Church in decretal letters.
By this belief the Middle Ages were ruled. The canonical materials had thus received a large accession. New and ampler collections were made, as bishop borrowed from bishop and transcriber from transcriber. Moreover, these books were beginning to take a more juristic form. A merely chronological Edition: current; Page: [ 68 ] arrangement of materials was abandoned in favour of a logical arrangement.
The collector set himself to make what we might call a digest or manual of ecclesiastical law. The sphere of ecclesiastical law was now being rapidly widened. The Frankish empire was going to pieces. The State, if indeed we may talk of a State, was at its weakest, and the ecclesiastical tribunals were ever making new claims to jurisdiction over all causes in which the interests of the Churches or of the clergy were even remotely concerned.
Then in the eleventh century the papacy emerged from an eclipse. It appeared as a reforming power making for righteousness. Here were models of jurisprudence which the collectors of ecclesiastical rules would strive to imitate. The jurisprudence of these renovated leges was to be met by an equally professional jurisprudence of canones. The study of ecclesiastical law could no longer be regarded as a department of theology; it was a jurisprudence to be taught in schools, to be debated in Courts, to be argued over and developed in a lawyer-like way by professional experts, by canonistae or decretistae.
Many treatises, which in our own day are slowly coming to light, endeavoured to meet the new demand for scientific manuals. One treatise was so successful as to Edition: current; Page: [ 69 ] obliterate all others, and to usher in what we may call the classical age of the canon law. About the year , Gratian, a monk at Bologna, compiled a book which he called Concordia discordantium canonum, but which was soon universally known as the Decretum Gratiani.
He wove together a large number of the authoritative texts auctoritates , including many of pseudo-Isidorian origin, interspersing them with observations of his own dicta Gratiani , which endeavoured to explain and harmonise them.
This book, which was produced at the headquarters of the new secular jurisprudence, quickly supplanted all the older collections. Among those who made abridgments of it was Roland Bandinelli, who became pope as Alexander III, and whose long pontificate is marked by a large number of important decretals. These newer decretals were collected by divers canonists; five of their compilations Quinque compilationes antiquae were especially famous; the third bore the sanction of Innocent III, and the fifth was issued by Honorius III.
The outcome was the Decretales Gregorii IX. This code was published in The topics dealt with by its five books are indicated by the mnemonic line Iudex, iudicium, clerus, sponsalia, crimen. It was intended by its author to be a statute-book for the universal Church. As such it was received by the canonists, and it was soon surrounded by a large commentatory apparatus. Innocent IV was among the commentators. It was meant to be, and was received as a statute-book, and as an exclusive statute-book for the period between and ; in other words, decretals that were not taken into it were abrogated.
In , John XXII published a seventh volume, consisting chiefly of decretals issued by his predecessor, Clement V; this also had statutory authority; it is known as the Clementines. The great legislative period was now at an end. John XXII and his successors issued some decretals of considerable importance, but no official collection was made of them.
For some time past the title Corpus Iuris Canonici had been given to the sum of the received books. These six are not of equal force. The Decretum never received any formal sanction, and, according to the doctrine that prevails among the Roman Catholic canonists of modern times, no text auctoritas is any the better for being contained in that volume. Such a canonist would be quite free to say that a particular text was forged and of little, if any, value. As to the dicta Gratiani, they were never regarded as more than the opinions of a venerated master.
However, an official edition of the Decretum was published by Pius V in , and Catholics were prohibited from making changes in the text. Each of them is to be considered as a single whole published by a legislator at one moment of time, so that there can be no talk of one passage being prior to, and therefore abrogated by another and a later passage. Further, the book as a whole comes from a legislator; therefore no sentence in it can be invalidated by any discussion of its history previous to its insertion in that book, for the pope was free to alter the decretals that he was collecting and codifying.
On the other hand, a passage in the Sext can overrule or abrogate a passage in the Decretals of Gregory IX, and a passage in the Sext may be overruled by a passage in the Clementines; Edition: current; Page: [ 72 ] the one will be lex prior, the other lex posterior. Lastly, the two books of Extravagants are unofficial; no decretal is the better for being in them; no decretal is the worse for not being in them.
However, they have been considered to contain the most generally useful papal edicts of the period that they cover, a period of degeneration in the history of the papacy. Various portions of the Corpus were printed so soon as the day for print had come. The whole appeared in the Parisian edition of An official edition, the work of a congregation of cardinals, the so-called Correctores Romani, was issued in The Corpus was edited in modern times by Richter and Friedberg ; both editors were German Protestants; the existence of the official edition has hampered the Catholics.
The classical gloss Glossa ordinaria on the Decretum comes from Joannes Teutonicus before and Bartholomew of Brescia circa, , that on the Decretales Gregorii from Bernard of Parma circa, An immense mass of legal literature, academic and practical, grew up around the Corpus Juris. The greater part of it comes from men who, if not Italians by birth, had studied in the Italian Universities; but France also produced many canonists of eminence.
There were faculties of canon law in both the English universities. The doctors in canon law doctores in Edition: current; Page: [ 73 ] decretis, in iure canonico took precedence of the civilians doctores in legibus, in iure civili.
Das Arbeitsumfeld Geofabrik
The course of lectures and exercises required of a candidate for a degree was long, and a degree was necessary to anyone who wished for practice in the ecclesiastical Courts. But the books read in England were for the most part foreign, and England produced no canonist of first-rate rank. In the twelfth century we may claim Ricardus Anglicus, who, however, has been too hastily identified with a bishop of Salisbury Dict. Of the two last we shall speak below. By members of the Roman Catholic Church of the present day the mediaeval canon law is still regarded as law in so far as it has not been changed by any competent ecclesiastical authority; but very considerable changes were introduced by the Council of Trent, and during the last three centuries the popes have legislated from time to time about many matters.
The existence of a particular rule would therefore be, not a matter of law, but a matter of fact to be proved by the evidence of experts. Cullen, specially reported by H. Kirkpatrick Longmans, According to the theory propagated by the canonists of the classical age there was a great mass of law which was common to the universal Church ius commune. Some room was left for local variations. In the first place, a metropolitan might make statutes for his province, and a bishop might make statutes for diocese, and these would be valid if they did not contradict law which proceeded from a higher source, in particular from the pope, and were in harmony with the first principles of ecclesiastical jurisprudence.
However, the space thus allowed for divergence from the ius commune was by no means very wide. The two best known works of English mediaeval canonists deal directly with local English law. One John of Acton, Ayton, or Athon, a canon of Lincoln, Edition: current; Page: [ 75 ] published a glossed version of the constitutions given to the English Church by the papal legates, Otto and Ottobon. In William Lindwood, being then the principal official of the Archbishop of Canterbury, published a glossed version of the constitutions given to the southern province by its metropolitans from the time of Stephen Langton downwards.
The object of both books a good edition of both in one volume was issued at Oxford in was to harmonise these local statutes with the general system in the ius commune. Uniformity in the law was secured by the appellate jurisdiction of Rome. But further, the doctrine gained ground that the pope was the judge ordinary of every man, and therefore that a plaintiff, neglecting all lower Courts, might, if he pleased, go straight to the supreme tribunal.
This procedure was very commonly adopted by English litigants in the twelfth and thirteenth centuries. The writ sometimes gave them instructions as to the rules of law that they were to apply, and sometimes instructed to them no larger duty than that of deciding questions of fact. The claims of the Church to jurisdiction when they Edition: current; Page: [ 76 ] had reached their full latitude were exceedingly wide. Any cause which, even remotely, concerned the doctrines, sacraments, or discipline of the Church was claimed as the exclusive property of the ecclesiastical tribunals ratione materiae.
Thus, for example, the whole province of matrimonial law was annexed. It is unquestionably true therefore that some parts of the canon law were not enforced in this country. We must not, however, infer from this that the ecclesiastical Courts did not consider themselves bound to administer the law that they found in the papal statute-books. It seems to be supposed by some eminent writers that in the later Middle Ages the rulers of the Church of England exercised a right of rejecting or declining to follow the decretals of Edition: current; Page: [ 77 ] Rome, even in matters which the State left to cognisance of the spiritual tribunals; but this has hardly been proved.
In the nineteenth century the history of the canon law became the subject of a large literature, German, French, and Italian. The student should be warned that any book on this topic becomes antiquated very soon, owing to the rapid output of previously unpublished documents. Here, however, it may be sufficient to refer him to A. Tardif, Histoire des sources du droit canonique, Paris, There is, perhaps, no more serious gap in the history of mediaeval England than that which should be filled by the tale of the Inns of Court.
They have a fair claim to be the most purely English of all English institutions, and the influence that they exercised over the current of our national life could not easily be overrated. For let us ask, What was it that saved English law when the day of strain and trial came in the sixteenth century? We ought to pause before we answer these questions.
We ought to look not only at Germany, but also at France and Scotland. The danger was very great. In all directions its province was being narrowed by the new courts, the Star Chamber, the Court of Requests, the Council of the North, and so forth.
- Duncan Goes to Australia!.
- Hier kommt Frederik (German Edition)!
- Effective Media!
There comes a moment when the stream of law reports, which has been flowing Edition: current; Page: [ 79 ] ever since the time of Edward I, seems to be on the very point of running dry. Reginald Pole, the highly educated young man who is not far from the throne, is saying that the time has come for Roman law; every well-ruled nation is adopting it. But there was a difference between England and other countries.
Did not that mark it off from every other mass of legal rules with which it ought to be compared? Roman law had been taught and canon law had been taught; they had been taught in England, as elsewhere; but had German or French or Scotch law been taught, taught systematically and academically?
If the answer to this is No, then surely we have here a difference of the first importance. The taught system will be very much tougher than the untaught. In England the struggle is not between doctrine and traditional practice, but between doctrine and doctrine, and when the tyranny is overpast English mediaeval doctrine has its wonderful renaissance in the Elizabethan courts and the pages of Sir Edward Coke.