ProQuest Dissertations - The University of Arizona Campus Repository

eform of Leo III, The Ecloaa. and that of Constantine
Porphyrogenetos in the tenth century, known as the Procheiros
Nemos. because Francis Hotman, a Protestant jurist, whom
Montaigne knew, and with whose publications he sustained a
polemic,, published a partial translation of them. It had
been written in Byzantine Greek, as opposed to Attic Greek,
since knowledge of Latin had fallen into disuse in
Constantinople. There the Byzantine language enabled it to be
understood readily, and the civil law and Orthodox Canon Law
were closely linked. During the sixteenth century Byzantinism
was considered to be the normal and rightful relationship of
church to state, and it was felt that it would be discovered
in Justinian's books (Maitland, 1985, p. 62). Saint Louis of
France encouraged the use of Roman Law, probably for the same
reason (Delaney, 1983, p. 196) Justinian I (527-565) wrote
the Digests. the Institutes. the Novels and the Codes. which
were considered the criteria. The continuations of the Roman
tradition in Constantinople do not seem to have been generally
known, or considered. The continuations occurred before the
Schism of the East in 867, fomented by Photius, when the
Byzantine Church was still united with Rome, that is, they
recognized the Pope as the Supreme Pontiff.
Some interpretations of the Roman tradition in the
sixteenth century were truly "Byzantine." There were
treatises supporting monarchs against Rome. Henry VIII wished
40