The Empire and the Papacy, 918-1273Tout, T. F. (Thomas Frederick)
History
The Empire and the Papacy, 918-1273
Tout, T. F. (Thomas Frederick)
Europe -- History -- 476-1492; Holy Roman Empire -- History -- 843-1273; Papacy
[Sidenote: Irnerius and the revival of Civil Law.]
The early Middle Ages had an almost superstitious reverence for the
written law of Rome. Its decisions were still looked upon as eternal and
universally binding, even when practically it had been superseded by a
mass of fluctuating feudal custom. In Italy the elementary texts of the
Roman Law had always been studied, and its principles always upheld in
the courts. The eleventh century battle of Papacy and Empire became
before long a conflict of political principles and theories. Both sides
sought weapons in the legal treasures of ancient Rome. Accordingly the
eleventh century saw flourishing schools of law at Pavia, at Ravenna,
and perhaps at Rome. Early in the twelfth century the fame of Irnerius
led to the establishment of a still greater school of law at Bologna,
already the seat of flourishing schools of dialectic and literature, and
where the teaching of law had already been begun by Pepo. Irnerius was a
jurist in the service of the Countess Matilda, who, at her request,
lectured on the laws of Justinian, and particularly the Pandects, at
Bologna. The fact that he was afterwards in the service of Henry V.
shows that both the papal and imperial powers agreed in welcoming his
work. But with the appearance of Irnerius upholding the election of a
schismatic Pope in 1118, the new school of Civil Lawyers became frankly
imperialist, looking upon the law as furnishing an armoury of texts,
from which the divine rights and universal claims of the Roman Emperor
could be deduced, though also treating it as an intellectual discipline,
and almost as a literary exercise. Wealth, honour, and political
importance were showered on men, who possessed at once the key to
theoretical knowledge and to success in practical life. Even earlier
than at Paris, the law schools of Bologna became organised and
permanent. Before the end of the century, the crowds of mature foreign
students who flocked to hear the famous successors of Irnerius had set
up the student-university of Bologna, whose establishment is as much of
an epoch in the history of European thought as that of the university of
masters at Paris.
[Sidenote: The ‘Decretum’ of Gratian, and the growth of Canon Law.]
Public-domain text, read in full here on John Shaqi.
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