THE LAWYERS AND THE CHURCH IN THE
ITALIAN RENAISSANCE
It was Edmund Burke who made the remark that you can-
not indict a whole nation, and perhaps tire same conclusion
may be applied to that fraction of a nation which is a learned
profession. It is almost as difficult to describe the legal mind
—or the academic mind—as it is that mythical entity the na-
tional character, and even more difficult to describe an in-
fluence on the rest of society. Nevertlieless a learned profes-
sion does consist of a body of men who have had a common
education, often have a high esprit de corps, and enjoy to
some extent a common social position. Such a group often has
an influence extending far beyond its professional function,
and it is such a kind of influence which I propose to consider
this morning, namely, some examples of the relationship be-
tween the legal profession and the church in the period of
the Italian Renaissance.
It is a truism to say that in every age the history of law has
been shaped by the general characteristics of the civilization
of which it is a part. The lawyers’ attitude towards their pro-
fession and their preparation for that profession have been
often determined by intellectual interests that far transcend
their immediate horizons. Sometimes, however, the process
has been reversed and the lawyers have been found in the
role of an avant-garde creating a significantly new direction
in the intellectual life and interests of the community. Such
was the case in the Middle Ages when Irnerius and his fol-
lowers initiated the revival of the study of Roman Law at the
University of Bologna. In the history of medieval renais-
sances, the recovery of the text of Justinian’s compilation
marks one of the most important stages. Indeed, it may be
136