Page:The Classical Heritage of the Middle Ages.djvu/86

68 THE CLASSICAL HERITAGE [chap. begins with Lanfranc as William the Conqueror's adviser, and in the twelfth century the full current sets in from Bologna. Evidently, this was not a sur- vival of Roman or Romanic law in institutions and customs, but a revival of the Law of Justinian. In the twelfth century a close relation existed between Roman and Canon law in England, the Canonist frequently citing the leges. The Roman and Canon laws entered England together. In ecclesias- tical courts the latter gained wide jurisdiction. But the Roman law proper was without a court and was chiefly used by the Canonists in the practice of Canon law. Some knowledge of it appears to have endured. The author of the Tractatus de legibus, attributed to Glanville, Henry II' s Chief Justiciar, is versed in it; and at least the opening chai)ters of Justinian's Institutes were well known in the time of Henry III. Bracton's Note Book, written between 1250 and 1258, has been styled "Romanesque in form, English in substance." He absorbed much from the Corpus Juris Civilis, and may represent the climax of the study of Roman law in mediaeval England, which again appears to wane in the reign of Edward I. But all lawyers know the great debt which the Eng- lish law in its' later development owes to the juris- prudential law of Rome, to which in the main it owes its Equity Jurisprudence, its I-aw of Admiralty, and much of its Law Merchant. In Germany, as in France, from the close of the ninth century the personal law gives way to the terri- torial. And in the establishment of a territorial law, a landesrecht proper, one strain of Germanic law tri-