Page:English Law and the Renaissance.djvu/98

From Wikisource
Jump to navigation Jump to search
This page has been validated.
86
Note 55

introduced any substantive law of Roman origin. At a later time when it began to steal work (suits for legacies and the like) from the ecclesiastical courts, it naturally borrowed the rules by which those matters had theretofore been governed.

The Reception in Scotland.A full history of the Reception in Scotland seems to be a desideratum. But see Goudy, Fate of Roman Law (Inaugural Lecture), 1894; also J. M. Irvine, Roman Law in Green's Encyclopedia of the Law of Scotland. Whether at any time the Reception in Scotland ran the length that it ran in Germany may be doubted; but the influence exercised by English example since 1603 would deserve the historian's consideration. Even if this influence went no further than the establishment of the habit of finding 'authority' in decided cases, it would be of great importance. Where such a habit is established in practice and sanctioned by theory, any return to the pure text, such as that which was preached in Germany by 'the historical school,' would be impossible. Also it may be suggested that the Roman law which played upon the law of Scotland in the seventeenth and eighteenth centuries was not always very Roman, but was strongly dashed with 'Natural Law.' For instance, if in Scotland the firm of partners is a 'legal person,' this is not due to the influence of Roman law as it is now understood by famous expositors, or as it was understood in the middle ages. Also (to take another example) it seems impossible to get the Scotch 'trust' out of Roman