Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/272

 f 258 //. FROM THE llOO'S TO THE 1800'S and vicar-generals, who begin to execute with more regu- larity and intelligence the law of the Church. Henry of Blois when legate had, as we are told, greatly encouraged the practice of appeals; and an immense proportion of John of Salisbury's letters, written in the name of Theobald, are concerned with questions of appeal, on the rights of advowsons, and other branches of clerical discipline. But that was not all. In the year 1149 Theobald brought from Lombardy and settled at Oxford as a teacher Master Va- carius, who had given himself to the study of the Code and Digest, and drawn up handbooks of procedure sufficient to settle all the quarrels of the law schools. Stephen, the reigning king, set himself stedfastly against this new teach- ing and expelled Vacarius ; he had on his side the unintel- ligent dislike of foreign manners, the prudent conservatism of the elder prelates, and the personal jealousies of his brother Henry, whose opponent in political matters Theobald was. Accordingly the civil law was for the time banishedT In the year 1151 Gratian completed the Decretum, the con- cordance of the canon laws; and they shortly found their way to England, where however they were scarcely more warmly received than the civil laws had been, but were not directly banished. It is curious that both Prynne and Sel- den, not to mention Coke, have confounded the teaching of Vacarius with the attempt to introduce canon law. It is certain that what Vacarius taught was the Corpus Juris of Justinian; but the two systems are thus closely joined together both in time and in essential character. And^frgpi this time dates in England that extremely close connexiea between the two systems which is recognised in the '^Iltri- i^sque juris doctoratus ' and in the fact that— evecy—gxeat canonist throughout the middle ages in England was also a great civilian. The first result perhaps of these novelties, so far as Eng- lish law is concerned, was the improvement in legal education. Although Bologna and Pavia could not be suffered to come to England, England might go to Bologna; and a stream of young archdeacons, at the age at which in England-ar boy is articled to an attorney, poured forth to the Italian