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WILLIAM STUBBS
Seventeen lectures on the study of medieval and modern history
and kindred subjects
page 362
y a common law system at all until, in the sixteenth century, James V introduces the law of Justinian as her treasury of common law, and thus gains University training and foreign experience for her lawyers : but England has an ancient system and is content with her own superiority ; her common law is of native growth, strengthening with the strength of
/ her people; she sees the nations that have accepted the civil law sinking under absolutism ; as distinctly as ever ' non vult leges Anglise mutari.' But she has ceased to banish the skilled jurist. Oxford and Cambridge have their schools of both the faculties. The civil law at Oxford had its schools from the fourteenth century in Cat Street, on the north of
S. Mary's, in Schidyard Street, and in the great civil law school in S. Edward's parish where Archbishop Warham learned law. The canon law school was in the neighbourhood of S. Edward's church also, and was rebuilt in 1489 by subscription of the canonists. Wood enumerates no less than seven distinct sets of Scholae Legum, the majority being for civil law. In the colleges legal study has its proper endowments. At Merton the study of the canon law is by the founder's statutes permitted to four or five of his scholars, that of the civil law is allowed to the canonists as subsidiary to their proper study, pro ulilitaie ecclesiastici regiminis. At Oriel five or six fellows, with consent of the seniors, might read the canon law, and by dispensation of the provost, the civil law also. At Exeter, one of Stapledon's fellows was to study Scripture or the Canon Law. We learn from Mr. Mullinger's invaluable book on Cambridge, that at Gonville Hall, founded about seventy years after Merton, each fellow was allowed to study canon law for two years. It might be possible to trace in the successive foundations vestiges of the old subsisting and often revived jealousy of the studies ; for Merton was founded at a time when, as Roger Bacon tells us, the civil law was looked on with jealousy as a mere
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