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Both a companion to and development of Maitland's celebrated Roman Canon Law in Medieval England.
In this book one of the world's foremost legal historians draws upon the evidence of the canon law, court records and the English common-law system to demonstrate the extent to which, contrary to received wisdom, Roman canon law survived in England after the upheavals of the Protestant Reformation. R. H. Helmholz provides an extensive examination of the manuscript records of the ecclesiastical courts and professional literature of the English civilians. Rebutting the views of Maitland and others, he shows how English looked to the Continent for guidance and authority in administering the system of justice they had inherited from the Middle Ages. Intellectual links between England and the Continent are shown to have survived the Reformation and the abolition of papal jurisdiction. The extent to which papal material was still used in England during the sixteenth and seventeenth centuries will interest all readers and surprise many.
Table of content:
Preface; List of abbreviations; Table of statutes; Table of cases; 1. The medieval inheritance; 2. The fortunes of ecclesiastical jurisdiction; 3. Developments in law and legal practice; 4. The literature of civilian practice; 5. The civilians and English common law; Appendices; Index.
In this book one of the world's foremost legal historians draws upon the evidence of the canon law, court records and the English common-law system to demonstrate the extent to which, contrary to received wisdom, Roman canon law survived in England after the upheavals of the Protestant Reformation. R. H. Helmholz provides an extensive examination of the manuscript records of the ecclesiastical courts and professional literature of the English civilians. Rebutting the views of Maitland and others, he shows how English looked to the Continent for guidance and authority in administering the system of justice they had inherited from the Middle Ages. Intellectual links between England and the Continent are shown to have survived the Reformation and the abolition of papal jurisdiction. The extent to which papal material was still used in England during the sixteenth and seventeenth centuries will interest all readers and surprise many.
Table of content:
Preface; List of abbreviations; Table of statutes; Table of cases; 1. The medieval inheritance; 2. The fortunes of ecclesiastical jurisdiction; 3. Developments in law and legal practice; 4. The literature of civilian practice; 5. The civilians and English common law; Appendices; Index.