Introduction to the Literature of Europe in the Fifteenth, Sixteenth, and Seventeenth Centuries, Vol. 1Hallam, Henry
History
Introduction to the Literature of Europe in the Fifteenth, Sixteenth, and Seventeenth Centuries, Vol. 1
Hallam, Henry
Literature, Modern -- History and criticism
67. That the Roman laws, such as they subsisted in the western empire at
the time of its dismemberment in the fifth century, were received
in the new kingdoms of the Gothic, Lombard, and Carlovingian dynasties,
as the rule of those who by birth and choice submitted to them, was
shown by Muratori and other writers of the last century. This subject
has received additional illustration from the acute and laborious
Savigny, who has succeeded in tracing sufficient evidence of what had
been, in fact, stated by Muratori, that not only an abridgment of the
Theodosian code, but that of Justinian, and even the Pandects, were
known in different parts of Europe long before the epoch formerly
assigned for the restoration of that jurisprudence.[120] The popular
story, already much discredited, that the famous copy of the Pandects,
now in the Laurentian library at Florence, was brought to Pisa from
Amalfi, after the capture of that city by Roger king of Sicily with the
aid of a Pisan fleet in 1135, and became the means of diffusing an
acquaintance with that portion of the law through Italy, is shown by him
not only to rest on very slight evidence, but to be unquestionably, in
the latter and more important circumstance, destitute of all
foundation.[121] It is still indeed an undetermined question whether
other existing manuscripts of the Pandects are not derived from this
illustrious copy, which alone contains the entire fifty books, and which
has been preserved with a traditional veneration indicating some
superiority; but Savigny has shown, that Peter of Valence, a jurist of
the eleventh century, made use of an independent manuscript; and it is
certain that the Pandects were the subject of legal studies before the
siege of Amalfi.
[120] It can be no disparagement to Savigny, who does not claim
perfect originality, to say that Muratori, in his 44th
dissertation, gives several instances of quotations from the
Pandects in writers older than the capture of Amalfi.
[121] Savigny, Geschichte des Römischen Rechts in mittel alter, iii. 83.
|Irnerius, his first successors.|
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