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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.
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.
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---Ecclesiastical Law Review --
The study of the Reformation in England and Wales, Ireland and Scotland has usually been treated by historians as a series of discrete national stories. Reformation in Britain and Ireland draws upon the growing genre of writing about British History to construct an innovative narrative of religious change in the four countries/three kingdoms. The text uses a broadly chronological framework to consider the strengths and weaknesses of the pre-Reformation churches; the political crises of the break with Rome; the development of Protestantism and changes in popular religious culture. The tools of conversion - the Bible, preaching and catechising - are accorded specific attention, as is doctrinal change. It is argued that political calculations did most to determine the success or failure of reformation, though the ideological commitment of a clerical elite was also of central significance.
Tracing the history of growth and then the slow disappearance of English law and social regulation.
This book reflects the wide range of current scholarship on Roman law, covering private, criminal and public law.