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By R. H. Helmholz
During this ebook one of many world's most efficient felony historians attracts upon the proof of the canon legislations, court docket documents and the English common-law procedure to illustrate the level to which, opposite to bought knowledge, Roman canon legislations survived in England after the upheavals of the Protestant Reformation. truly and skillfully written, this examine is either a better half to and improvement of Maitland's celebrated Roman Canon legislation in Medieval England. will probably be of serious curiosity not just to criminal and ecclesiastical experts yet to any reader looking a much broader figuring out of the constitutional and highbrow context within which the English Reformation constructed.
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L It is easy to see why. The English clergy had capitulated on an important matter of principle. They had endorsed the royal supremacy over the clerical order. It seems all but inevitable that this capitulation should have affected the ecclesiastical courts decisively, and for the worse. In some ways it did, but a longer view of the evidence shows considerable signs of vigour in the Church's courts seventy-five years later. The Church was apparently even legislating for itself. The records of the end of the period show the courts enforcing purely ecclesiastical statutes with consistency and apparent effect.
V. crimen. 9. , Vol. 101 (1985) xvi-xx. The medieval inheritance 1 imputed or where the slanderous language had merely held the plaintiff up to 'hatred, ridicule and contempt*. However, such cases do not appear in the surviving medieval records. The law regularly applied in court practice was based on English provincial law, and this means that in the law of defamation, one does truly see ecclesiastical judges whose 'hands were free' following a rule of law contrary to that found stated in the papal law books.
Commentators took these factors into account. They strove to fit the pieces together. They tried to arrive at the just solution, balancing both texts and policy. In other words, what would look to be a fairly straightforward question if one took the decretals as statutes in the modern sense in fact became a much more complicated inquiry in the hands of the medieval commentators. Any student of the medieval Roman and canon laws must be struck by how often this situation recurred. Many important legal questions were subject to doubt, discussion and dispute.