Fortescue himself quoted with approval Justinian's remark that judges were 'priests of the law' and John Wycliffe compared the white silk coif of the serjeant to the religious head-dress of the Jewish priests. A medieval Italian jurist, Baldus, also claimed that doctors of law 'discharge the office of priesthood'.' These allusions might be taken to infer that law was seen to be part of religion, or even religion to be part of law; but the central and important point is that both were conceived to be visible aspects of the same spiritual reality. The common metaphor, of the temporal and spiritual jurisdictions as being two edges of the same sword, puts the matter more starkly; and the implications are clear enough. Common law was believed to be 'grounded upon the lawe of reason and the lawe of God', and Fortescue paraphrased the words of the Old Testament king Jehoshaphat in declaring that 'All judicial sentences are the judgements of God.'" Religion and law were not to be considered separately; they implied one another.
Sunday, July 17, 2011
THE FUNDIES WANT TO TAKE US BACK BEFORE MARTIN LUTHER
I've finished a bio of St. Thomas More and I came across a description of the Medieval conception of civil and criminal law and it reminded me of what the Dominionists, et. al. want for America. From page 59:
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