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
70. Besides these glosses on obscure passages, some lawyers attempted to
abridge the body of the law. Placentinus wrote a summary of the Code and
Institutes. But this was held inferior to that of Azo, which appeared
before 1220. Hugolinus gave a similar abridgment of the Pandects. About
the same time, or a little after, a scholar of Azo, Accursius of
Florence, undertook his celebrated work, a collection of the glosses,
which, in the century that had elapsed since the time of Irnerius, had
grown to an enormous extent, and were of course not always consistent.
He has inserted little, probably, of his own, but exercised a
judgment, not perhaps a very enlightened one, in the selection of his
authorities. Thus was compiled his Corpus Juris Glossatum, commonly
called Glossa, or Glossa Ordinaria: a work, says Eichhorn, as remarkable
for its barbarous style and gross mistakes in history as for the
solidity of its judgments and practical distinctions. Gravina, after
extolling the conciseness, acuteness, skill, and diligence in comparing
remote passages, and in reconciling apparent inconsistencies, which
distinguished Accursius, remarks the injustice of some moderns, who
reproach his work with the ignorance inevitable in his age, and seem to
think the chance of birth which has thrown them into more enlightened
times, a part of their personal merit.[125]
[125] Origines Juris, p. 184.
|Character of early jurists.|
71. Savigny has taken still higher ground in his admiration, as we may
call it, of the early jurists, those from the appearance of Irnerius to
the publication of the Accursian body of glosses. For the execution of
this work indeed he testifies no very high respect; Accursius did not
sufficient justice to his predecessors; and many of the most valuable
glosses are still buried in the dust of unpublished manuscripts.[126]
But the men themselves deserve our highest praise. The school of
Irnerius rose suddenly; for in earlier writers we find no intelligent
use, or critical interpretation, of the passages they cite. To reflect
upon every text, to compare it with every clause or word that might
illustrate its meaning in the somewhat chaotic mass of the Pandects and
Code, was reserved for these acute and diligent investigators.
“Interpretation,” says Savigny, “was considered the first and most
important object of glossers, as it was of oral instructors. By an
unintermitting use of the original law-books, they obtained that full
and lively acquaintance with their contents, which enabled them to
compare different passages with the utmost acuteness, and with much
success. It may be reckoned a characteristic merit of many glossers,
that they keep the attention always fixed on the immediate subject of
explanation, and, in the richest display of comparisons with other
passages of the law, never deviate from their point into anything too
indefinite and general; superior often in this to the most learned
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