Law and Justice in Twelfth Century England seen through the Anstey Case

本研究的主要成果概括如下：首先，就当时的法律职业结构而言，教会法院中有学识渊博的法学家，意味着文件程序在那里的渗透。第二，此案显示了世俗正义(皇家法庭)和神圣正义(坎特伯雷大主教和教皇的法庭)之间的合作。从该案来看，1164年《克拉伦登宪法》中的c.8条，即向罗马提出上诉必须获得王室许可，是亨利二世所坚持的君主习俗。最后，该案在婚姻法的历史上具有重大意义。正如所说，亚历山大三世采纳了巴黎的理论，强调双方的同意，根据该理论，婚姻不需要圆满。然而，这起案件在亚历山大三世的决定中发挥了非常重要的作用，可以说，它是朝着这个方向前进的原动力。

Main results of this research can be summarized as the following.Firstly, as to the structure of legal profession at the time, the existence of learned jurists in the ecclesiastical courts means the penetration of documentary procedure there. On the other hand what placitatores and auxilii actually did in royal courts aren't certain.Secondly, the case shows the collaboration between secular justice (royal court) and sacred justice (court of the archbishop of Canterbury and that of the pope). Judging from the case, c.8 of the Constitutions of Clarendon in 1164, according to which it was necessary to get royal permission to make appeal to Rome, was, as Henry II maintained, regni consuetude.Lastly, the case was very significant in the history of marriage law. As is said, Alexander III adopted the Parisian theory which emphasized the consent of the parties and according to which consummation was not needed to constitute a marriage. The case, however, played a very important role in Alexander III's decision and it was, it might be said, a prime mover towards such direction.