Note 55 — ENGLISH LAW AND THE RENAISSANCE.

As regards Germany, the theoretical continuance of the Roman empire is not to be forgotten, but its influence on the practical Reception of Roman law may be overrated. In the age of the Reception Roman law came to the aid, not of imperialism, but of particularism. Then it is true that English law was inoculated in the thirteenth century when Bracton copied from Azo of Bologna. The effect of this is well stated by Dr Brunner in the inaugural address delivered by him as rector of the University of Berlin (Der Antheil des deutschen Rechtes an der Entwicklung der Universitäten, Berlin, 1896, p. 15): ‘In England und Frankreich, wo die Aufnahme römischer Rechtsgedanken früher erfolgte, hat diese nach Art einer prophylactischen Impfung gewirkt und das mit ihnen gesättigte nationale Recht widerstandsfähig gemacht gegen zerstörende Infectionen.’ As to the Roman law in Bracton, I may be allowed to refer to Bracton and Azo, Selden Society, 1895: in the introduction to that volume I have ventured to controvert some sentences that were written by Sir H. Maine. Bracton became important for a second time in the sixteenth century when (1569) his book was printed, for it helped Coke to arrange his ideas, as any one may see who looks at the margin of Coke’s books. The medieval chancery has often been accused of romanizing. Its procedure was suggested by a summary procedure that had been devised by decretists and legists: the general aim of that scheme was the utmost simplicity and rapidity. (Contrast this summary procedure as revealed by Select Cases in Chancery, ed. Baildon, and Select Cases in the Court of Requests, ed. Leadam, with the solemn procedure of the civil law exemplified by Select Cases in the Court of Admiralty, ed. Marsden: these three books are published by the Selden Society.) On the other hand, no proof has been given that in the middle age the chancery introduced any substantive law of Roman origin. At a later time when it began to steal work (suits for legacies and the like) from the ecclesiastical courts, it naturally borrowed the rules by which those matters had theretofore been governed.