Page:English Law and the Renaissance.djvu/88

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Note 48

Karls V.), but its operation was confined by a clause which sanctioned the ever increasing particularism of the various states by saving their ancient customs. (Ibid., pp. 621 ff.) Within some of these states or 'territories' there was in the sixteenth century a good deal of comprehensive legislation, amounting in some cases to the publication of what we might call codes. A Landrecht (to be contrasted with Reichsrecht) was issued by the prince. His legislative action was not always hampered by any assembly of Estates; he desired uniformity within his territory; and the jurists who fashioned his law-book were free to romanize as much as they pleased. The Würtemberg Landrecht of 1555 issued by Duke Christopher, a prince well known to Queen Elizabeth, is one of the chief instances (Stintzing, op. cit., vol. I., pp. 537 ff.; Schröder, Deutsche Rechtsgeschichte, ed. 3, pp. 886 ff.). The transmission of the cry for codification from Hotman to Leibnitz, and then to the enlightened monarchy of the eighteenth century is traced by Baron, Franz Hotmans Antitribonian, Bern, 1888. In Scotland also the Regent Morton (d. 1581) entertained a project of codification. A commission was appointed to prepare a uniform and compendious order of the laws. It seems to be a question among Scotch lawyers how far the book known as Balfour's Practicks represents the work of the commissioners. See Dict. Nat. Biog., vol. XV., p. 317; vol. III., p. 53.