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WILLIAM STUBBS Seventeen lectures on the study of medieval and modern history and kindred subjects

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WILLIAM STUBBS
Seventeen lectures on the study of medieval and modern history and kindred subjects
page 343



them or by the subordination of one to the other. And once more : within the region of religious activity itself there are provinces which demand varying degrees of distinctness in definition and graduation of discipline ; there are matters of doctrine, of discipline proper, of property and of judicature ; there are legislation, jurisdiction, administration ; there are functions for the theologian, the casuist, the canonist, and the civilian ; questions of doctrine for the theologian, of morals for the casuist, of discipline for the canonist, of procedure for the civil lawyer. Well, philosophical or not, these considerations seem to give us a clue to the method of our investigation, and suggest a division into two heads : first, the tracing of the growth of the ecclesiastical law, including both the material and the scientific study; and secondly, the history of its working in competition with and in general relations to the other systems of law. In such a cursory attempt to examine these heads as is possible in such a lecture as this, it is necessary to limit the field of survey as much as possible. I shall therefore restrict myself chiefly to the history of ecclesiastical jurisprudence in England, taking liberty, where it is necessary, to go beyond, but not attempting any general treatment. I have, you will observe, coupled together four topics under two heads; I propose to take the two heads separately, but to discuss the two topics that fall under each conjointly. The first head is the growth of ecclesiastical law, and its two branches are the materials and the study. The materials arrange themselves thus : the New Testament contains not only all doctrine necessary to salvation, but all necessary moral teaching, and as much social teaching as was needed for the age in which it was propounded, and for the society which in the first instance was embodied under apostolic government. But in the very nature of things, and you ζ


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