Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/194

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180 //. FROM THE llOO'S TO THE 1800'S protestant enough ; but his Oxford colleague Dr. John Story showed zeal in the cremation of protestants, helped Alva (so it is said) to establish the Inquisition in the Netherlands, was hanged as a traitor at Tyburn in 1571 and beatified as a martyr at Rome in 1886. Blessed John Story was zealous ; but his permanent contribution to the jurisprudence of his native land was (so far as I am aware) an early precedent for the imprisonment of a disorderly member by the House of Commons, and a man may be disorderly without, being a jurist.^^ Ulrich Zasi went part of the way with Luther; but then stayed behind with Erasmus.^^ He had once compared the work that he was doing for the Corpus Juris with the work that Luther was doing for the Bible.^* The great Frenchmen answered the religious question in diiferent ways. One said " That has nothing to do with the praetor's edict." His rivals charged him with a triple apostasy.^** Three or (Schulte, op. cit., p. 724). He is charged by modern historians with not having spoken plainly all that he knew about the origin of the Pseudo- Isidorian decretals. England may have contributed a little towards the explosion of the great forgery by means of books that were lent to the Magdeburg Centuriators by Queen Elizabeth and Abp. Parker. See Foreign Calendar, 1561-2, pp. 117-9. " See Mr. Pollard's life of Story in Diet. Nat. Biog. See also Dyer's Reports, f. 300. On his arraignment for high treason Story ineffectually pleaded that he had become a subject of the king of Spain. '^ See Stintzing, Ulrich Zasius, pp. 216 ff. " Ranke, History of the Reformation in Germany (transl. Austin), vol. ii., pp. 97-8. ""The Nihil hoc ad edictum praetoris! is currently ascribed to Cujas, but the ultimate authority for the story I do not know. See Brissaud, Ilistoire du droit frangais, p. 355: "La science laique d6clarait par la bouche d'un de ses plus grands repr^sentants qu'elle n'etait plus I'humble servante de la theologie; elle affirmait sa secularisation." It seems that Cujas ("wie beinahe alle Rechtsgelehrten seiner Zeit") at first sided with the Reformers, but that he afterwards, at least outwardly, made his peace with the Catholic church (Spangenberg, Jacob Cujas und seine Zeitgenossen, Leipz. 1822, p. 162; Haag, La France protestante, ed. 2, vol. iv., col. 957-970). Doneau was a Calvinist; driven from France by Catholics and from Heidelberg by I^utherans, he went to Leyden and ultimately to Altdorf. Hotman was a Calvinist, intimately connected with the church of Geneva. Baudouin was compelled to leave France for Geneva, whence he went to Strassburg and Heidelberg; but he quar- relled with Calvin and was accused of changing his religion six times. Charles Du Moulin also had been an exile at Tubingen. It is said that after a Calvinistic stage he became a lyutheran; on his death-bed he returned to Catholicism: such at least was the tale told by Catholics. (See Brodeau, Le vie de Maistre Charles Du Molin, Paris, 1654; Haag, La France protestante, ed. 2, vol. v., col. 783-789.) To say the least, he had been " ultra-gallican." (Schulte, Geschichte der Quellen de»