Full text: Zeitschrift der Savigny-Stiftung für Rechtsgeschichte / Kanonistische Abteilung (3 (1913))


H. W. C. Davis,

custom I shall return in the latter part of this essay. But
first it is necessary to say something on the subject of the
sources. Lome of the problems, and not the least important,
which the controversy has suggested, have been definitely
laid to rest. Others however remain which can only be
solved when the evidence has been more thoroughly collected
and reviewed. It is improbable that future research will invali-
date the positive conclusions of Maitland. But there were
some points of great internst and importance which he delibera-
tely abstained from handling, on the ground that the avar-
iable evidence was insufficent. These points might well be
elucidated by the discovery of new Materials.

The printed Materials are scanty. The great collection
of David Wilkins contains the constitutions of the provincia!
synods of York and Canterbury.1) The ecclesiastica! legis-
lation of the Anglo-Saxon period (up to 870 A. D.) has been
more critically edited by Haddan and Stubbs2), but a revi-
sion of the later portion of Wilkins’ work is much to be
desired. The commentary of John de Athona (floruit
1333—1348) upon the legatine constitutions of Otho and
Ottobon, and the Provinciale (1430) of William Lyndwood,
were last edited in the seventeenth Century3); but the manu-
scripts of which the anonymous editor made use are in places
obviously interpolated by commentators of a later date. A
number of useful documents are indicated in the Calendars
of Entries in the Papal Registers relating to Great
Britain and Ireland, edited for the Rolls Series by W. II.
Bliss, C. Johnson, and J. A. Twemlow; but the documents
themselves have stili to be systematically examined from
the legal point of view. New ground was broken when
Maitland published4) certain fragments of the Summa of
William of Drogheda, who lectured at Oxford in the second
*) Concilia Magnae Britanniae et Hiberniae (London 1737). —
*) Councils and Ecclesiastical Documents relating to Great Britain and
Ireland, vol. III (1878). — 3) Provinciale seu Constitutiones Angliae
(Oxford 1679). — * *) English Historical Review XII, p. 645.


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