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
73. This great compilation of Accursius made an epoch in the annals of
jurisprudence. It put an end in great measure to the oral explanations
of lecturers which had prevailed before. It restrained at the same time
the ingenuity of interpretation. The glossers became the sole
authorities so that it grew into a maxim,--No one can go wrong who
follows a gloss: and some said, a gloss was worth a hundred texts.[130]
In fact, the original was continually unintelligible to a student. But
this was accompanied, according to the distinguished historian of
mediæval jurisprudence, by a decline of the science. The jurists in the
latter part of the thirteenth century are far inferior to the school of
Irnerius. It might be possible to seek a general cause, as men are now
always prone to do, in the loss of self-government in many of the
Italian republics. But Savigny, superior to this affectation of
philosophy, admits that this is neither a cause adequate in itself, nor
chronologically parallel to the decline of jurisprudence. We must
therefore look upon it as one of those revolutions, so ordinary and so
unaccountable, in the history of literature, where, after a period
fertile in men of great talents, there ensues, perhaps with no
unfavourable change in the diffusion of knowledge, a pause in that
natural fecundity, without which all our endeavours to check a
retrograde movement of the human mind will be of no avail. The
successors of Accursius in the thirteenth century contented themselves
with an implicit deference to the glosses; but this is rather a proof of
their inferiority than its cause.[131]
[130] Bayle, ubi suprà. Eichhorn, Gesch. der Litteratur, ii. 461.
Savigny, v. 268.
[131] Savigny, v. 320.
|Respect paid to him at Bologna.|
74. It has been the peculiar fortune of Accursius, that his name has
always stood in a representative capacity, to engross the praise, or
sustain the blame, of the great body of glossers from whom he compiled.
One of those proofs of national gratitude and veneration was paid to his
memory, which it is the more pleasing to recount, that, from the
fickleness and insensibility of mankind, they do not very frequently
occur. The city of Bologna was divided into the factions of Lambertazzi
and Gieremei. The former, who were Ghibelins, having been wholly
overthrown, and excluded, according to the practice of Italian
republics, from all civil power, a law was made in 1306, that the family
of Accursius, who had been on the vanquished side, should enjoy all the
privileges of the victorious Guelf party, in regard to the memory of one
“by whose means the city had been frequented by students, and its fame
had been spread through the whole world.”[132]
[132] Ib. v. 268.
|Scholastic jurists. Bartolus.|
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