Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/279

 8. STUBBS: THE CANON LAW 265 no wholesale importation of foreign law was possible. Not to multiply details, I will summarily state that in the reign of Henry V, William Lyndwood, the Dean of the Arches, collected, arranged, and annotated the accepted Constitu- tions of the Church of England in his Provinciale, which, with the collections of John of Ayton generally found in the same volume, became the authoritative canon law of the realm. It of course was proper in the first instance to the province of Canterbury, but in 1462 the Convocation of York accepted the Constitutions of the southern province as authoritative wherever they did not differ from those of York, and from the earher date the compilation was received as the treasury of law and practice. Nor were any very material additions made to it before the Reforma- tion; for although the Church of England was deeply in- volved in the transactions of the Council of Basel, and might, if the matter had been broached as distinctly as it was in France, have formally accepted its canons, no such incor- poration of those canons ever took place here as was accom- plished in the Pragmatic Sanction of Bourges in 1438. Still, authoritative as Lyndwood's code undoubtedly was, it was rather as the work of an expert than as a body of statutes that it had its chief force.' The study of the canon law was a scientific and professional, not merely mechanical study; and just as much was the study of the civil law also. I think that I am right in repeating that it was mainly as a branch of church law that the civil law was studied at all; but I do not mean that it was so exclusively. In the infancy of international law and the administration of both admiralty and martial law, the English jurists had to go beyond their insular practice, and to no other source could they apply themselves; hence the association which to the present day has subsisted between the curiously unconnected departments/ of maritime and matrimonial jurisdiction. It is really ow- ing to the distinction between scientifically and empirically grained lawyers. Of the indirect influence of scientific juris- prudence on the common law and chancery I have spoken already. ^ England has then for at least two centuries before the