Roman Canon Law in Reformation England.Richard Helmholz's many contributions to legal history and especially his important work on marriage litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.
When a person begins a civil lawsuit, the person enters into a process called litigation. in late medieval England are well known. Roman Canon Law canon law, in the Roman Catholic Church, the body of law based on the legislation of the councils (both ecumenical and local) and the popes, as well as the bishops (for diocesan matters). in Reformation England is an expanded and revised version Revised Version
A British and American revision of the King James Version of the Bible, completed in 1885.
Noun of his Maitland Lectures, delivered at Cambridge University Cambridge University, at Cambridge, England, one of the oldest English-language universities in the world. Originating in the early 12th cent. (legend places its origin even earlier than that of Oxford Univ. in 1987, and the great scholar whose name those lectures honor in a general sense posed the question to which this study is devoted. In his well-known collection of essays entitled Roman Canon Law in the Church of England Church of England: see England, Church of. (1898), William Maitland wrote (94), "Of the English civilians of the sixteenth century too little has yet been written...." Helmholz's lectures help to fill that gap by investigating the thought and practice of the English civil and canon lawyers--Maitland's "civilians"--during and in the decades following the Reformation. The book in fact covers a period substantially broader than the title indicates, treating developments before and after as well as during the sixteenth-century Reformation, spanning the reigns of the Tudor monarchs and of James I James I, king of Aragón and count of Barcelona
James I (James the Conqueror), 1208–76, king of Aragón and count of Barcelona (1213–76), son and successor of Peter II. , i.e., 1485-1625. Not only does a picture emerge of the civilians' activity during the split between the English and the Roman Churches, but the longer span gives a perspective for assessing continuity as well as divergence of practice in English ecclesiastical courts In England, the collective classification of particular courts that exercised jurisdiction primarily over spiritual matters. A system of courts, held by authority granted by the sovereign, that assumed jurisdiction over matters concerning the ritual and religion of the established from before that upheaval into the seventeenth century.
The famous debate between Maitland and Bishop Stubbs over the relationship between medieval canon law in England and the Roman canon law in use throughout the remainder of Western Europe Western Europe
The countries of western Europe, especially those that are allied with the United States and Canada in the North Atlantic Treaty Organization (established 1949 and usually known as NATO). has been a staple of legal historians for decades, and of necessity stands as background to this work. Helmholz does not "enter at length into this by now ancient controversy," although Maitland's stance, which argued for the English Church's dependence on the traditions of papal law, would be the one to follow "if put to choose" between the two. Helmholz proposes "that the choice need not be made, at least in the stark form the original controversy took" (5). The first chapter then sets the medieval period and hence the English Reformation The English Reformation refers to the series of events in sixteenth-century England by which the church in England broke away from the authority of the Pope and the Roman Catholic Church. in a clearer light than offered by the terms of that debate by considering two issues: the relationship of pre-Reformation English canon law to Continental practice, on the one hand, and its relationship to English common law on the other.
The result in the first instance is that late medieval Church law in England functioned no differently than elsewhere in Western Europe, employing a nuanced modus operandi [Latin, Method of working.] A term used by law enforcement authorities to describe the particular manner in which a crime is committed.
The term modus operandi is most commonly used in criminal cases. It is sometimes referred to by its initials, M.O. which allowed freedom in interpreting and developing the law according to according to
1. As stated or indicated by; on the authority of: according to historians.
2. In keeping with: according to instructions.
3. local traditions and needs even where papal decretals decretals: see canon law. might rule differently. "We may see questions of papal power inevitably lurking in every corner of the Roman canon law" (20), although the civilians educated in the traditions of that law and who practiced in the anti-papal atmosphere of Reformation England did not. The relationship between England's medieval ecclesiastical courts and the courts of the common law is perhaps even more complicated. Despite areas of agreements about jurisdiction and applicable laws, even before the Reformation "as the Tudor age began, it looked as though the settled compromises and agreed rules that had long defined the Church's de facto [Latin, In fact.] In fact, in deed, actually.
This phrase is used to characterize an officer, a government, a past action, or a state of affairs that must be accepted for all practical purposes, but is illegal or illegitimate. jurisdictional rights might well be overthrown" (27). At the beginning of the sixteenth century, therefore, English ecclesiastical courts were under attack, but how far those attacks would go cannot have been clear.
Examining the records of Church courts (which by the sixteenth century survive extensively for virtually all of the English dioceses), and also delving into what is termed the "working literature" of civilian practice (chap. 4), reveals a great deal about ecclesiastical jurisprudence in Reformation England, and shows repeatedly how the civilians viewed their work in the context of the wider tradition of European canon law. In the process the question "was there continuity in legal practice, or did the abolition of papal jurisdiction cause upheaval and fundamental change?" (195) vanishes. The core of the book revolves essentially around two more complicated queries. How did the particular situation of the English Reformation affect the substance of Roman canon law and the tendency of the civilians to continue its use? And what aspects of that law would prove most useful in treating the new circumstances and problems of the reign of Henry VIII and later monarchs? The discussion is laid out in four chapters which deal with i) the fortunes of ecclesiastical jurisdiction from the early Tudors through the reigns of Elizabeth I and James I; ii) legal developments in five specific areas of post-Reformation court practice--defamation, marriage and divorce, testaments and probate, tithes TITHES, Eng. law. A right to the tenth part of the produce of, lands, the stocks upon lands, and the personal industry of the inhabitants. These tithes are raised for the support of the clergy.
2. , and ex officio [Latin, From office.] By virtue of the characteristics inherent in the holding of a particular office without the need of specific authorization or appointment.
The phrase ex officio proceedings (i.e., "the enforcement of the Church's rules relating to morality and personal conduct" ); iii) discussion of the ature which the civilians produced for their own law practice; iv) the civilians and English common law. The story which emerges in each case is of complexity not simplicity, revealing the ways in which the forms and traditions of Roman canon law did and did not remain viable in a world of new ecclesiastical presuppositions and problems.
In the chapter on the civilian's literature Helmholz writes (144) that "the very existence of this English literature of practice and its continued dependence upon the literature of the continental [canonical tradition] are easily the most significant findings to emerge from the research" undertaken for that section. That evidence in turn necessitated rethinking about the intellectual world of the civilians after the Reformation, and an alteration of Maitland's conclusion that the links had been cut. This example is cited in conclusion for two reasons. It exemplifies, in the first place, a significant instance of the theme found throughout this study of continuity and adaptability in the world of the English civilians. Secondly, it again cites the work Maitland, and by his own admission Helmholz' lectures and book "track the path Maitland laid out" (viii). That said, the reformulations and conclusions are very much the author's own, and no one concerned with late medieval canon law or English legal history of the pre-modern age should ignore them.