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
68. Irnerius, by universal testimony, was the founder of all learned
investigation into the laws of Justinian. He gave lectures upon them at
Bologna his native city, not long, in Savigny’s opinion, after the
commencement of the century.[122] And besides this oral instruction, he
began the practice of making glosses, or short marginal explanations, on
the law books, with the whole of which he was acquainted. We owe also to
him, according to ancient opinion, though much controverted in later
times, an epitome, called the Authentica, of what Gravina calls the
prolix and difficult (salebrosis atque garrulis) Novels of Justinian,
arranged according to the titles of the Code. The most eminent
successors of this restorer of the Roman law during the same century
were Martinus Gosias, Bulgarus, and Placentinus. They were, however, but
a few among many interpreters, whose glosses have been partly, though
very imperfectly preserved. The love of equal liberty and just laws in
the Italian cities rendered the profession of jurisprudence exceedingly
honourable; the doctors of Bologna and other universities were
frequently called to the office of podestà, or criminal judge, in these
small republics; in Bologna itself they were officially members of the
smaller or secret council; and their opinions, which they did not render
gratuitously, were sought with the respect that had been shown at Rome
to their ancient masters of the age of Severus.
[122] Vol. iv. p. 16. Some have erroneously thought Irnerius a German.
|Their glosses.|
69. A gloss, γλωσσα [glôssa], properly meant a word from a foreign
language, or an obsolete or poetical word, or whatever requires
interpretation. It was afterwards used for the interpretation itself;
and this sense, which is not strictly classical, maybe found in Isidore,
though some have imagined Irnerius himself to have first employed
it.[123] In the twelfth century, it was extended from a single word to
an entire expository sentence. The first glosses were interlinear; they
were afterwards placed in the margin, and extended finally in some
instances to a sort of running commentary on an entire book. These were
called an Apparatus.[124]
[123] Alcuim defines glossa, “unius verbi vel nominis interpretatio.”
Ducange, præfat. in Glossar., p. 38.
[124] Savigny, iii. 519.
|Abridgments of laws. Accursius’s Corpus Glossatum.|
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account