ack.
E. Jenks, _Law and Politics in the Middle Ages_. Murray.
F.W. Maitland, _Political Theories of the Middle Ages_, translated from
Gierke's _Das Deutsche Genossenschaftsrecht_. Maitland. Cambridge
University Press.
R.L. Poole, _Illustrations of Mediaeval Thought_. Williams & Norgate.
H. Rashdall, _Universities of Europe in the Middle Ages_. Clarendon
Press.
A.L. Smith, _Church and State in the Middle Ages_. Clarendon Press.
H.O. Taylor, _The Mediaeval Mind_. Macmillan.
E. Troeltsch, _Die Soziallehren der christlichen Kirchen_ (II. Kapitel).
P. Vinogradoff, _Roman Law in Mediaeval Europe_. Harper.
FOOTNOTES:
[Footnote 15: I should like to dedicate this essay to my friend and old
pupil, the Rev. Bede Jarrett, O.P., to whom I owe much, and to whose
book on _Mediaeval Socialism_ I should like to refer my readers.]
[Footnote 16: Pirenne, _Revue Historique_, liii. p. 82.]
[Footnote 17: _De Vulgari Eloquio_, 1. viii.]
[Footnote 18: _De Monarchia_, 1. x.]
[Footnote 19: Cf. Carlyle, _Mediaeval Political Theory in the West_, ii.
219-22.]
[Footnote 20: Cf. E.R. Bevan, _Stoics and Sceptics_.]
[Footnote 21: _Die Soziallehren der christlichen Kirchen_, p. 242.]
V
UNITY AND DIVERSITY IN LAW
You know the story of Sophocles' _Antigone_: how, when two brothers
disputed the throne of Thebes, one, Polynices, was driven out and
brought a foreign host against the city. Both brothers fall in battle.
Their uncle takes up the government and publishes an edict that no one
shall give burial to the traitor who has borne arms against his native
land. The obligation to give or allow decent burial, even to an enemy,
was one which the Greeks held peculiarly sacred. Yet obedience to the
orders of lawful authority is an obligation binding on every citizen. No
one dares to disregard the king's order save the dead man's sister. She
is caught in the act and brought before the king. 'And thou,' he says,
'didst indeed dare to transgress this law?' 'Yes,' answers Antigone,
'for it was not Zeus that published me that edict; not such are the laws
set among men by the Justice who dwells with the Gods below; nor deemed
I that thy decrees were of such force that a mortal could override the
unwritten and unfailing statutes of heaven. For their life is not of
to-day or yesterday but from all time, and no man knows when they were
first put forth.'[22]
There you have the assertion of a law supreme and binding on
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