Authority maintained so long against the successor of Peter would be
far from indulgent to rebellious subjects. For it was in this light
that the Lombard cities appeared to a monarch bent on reviving all the
rights his predecessors had enjoyed: nay, all that the law of ancient
Rome gave her absolute ruler. It would be wrong to speak of a
re-discovery of the civil law. That system had never perished from
Gaul and Italy, had been the groundwork of some codes, and the whole
substance, modified only by the changes in society, of many others.
The Church excepted, no agent did so much to keep alive the memory of
Roman institutions. The twelfth century now beheld the study
cultivated with a surprising increase of knowledge and ardour,
expended chiefly upon the Pandects. First in Italy and the schools of
the South, then in Paris and Oxford, they were expounded, commented
on, extolled as the perfection of human wisdom, the sole, true, and
eternal law. Vast as has been the labour and thought expended from
that time to this in the elucidation of the civil law, the most
competent authorities declare that in acuteness, in subtlety, in all
those branches of learning which can subsist without help from
historical criticism, these so-called Glossatores have been seldom
equalled and never surpassed by their successors. The teachers of the
canon law, who had not as yet become the rivals of the civilian, and
were accustomed to recur to his books where their own were silent,
spread through Europe the fame and influence of the Roman
jurisprudence; while its own professors were led both by their feeling
and their interest to give to all its maxims the greatest weight and
the fullest application. Men just emerging from barbarism, with minds
unaccustomed to create and blindly submissive to authority, viewed
written texts with an awe to us incomprehensible. All that the most
servile jurists of Rome had ever ascribed to their despotic princes
was directly transferred to the Cæsarean majesty who inherited their
name. He was 'Lord of the world,' absolute master of the lives and
property of all his subjects, that is, of all men; the sole fountain
of legislation, the embodiment of right and justice. These doctrines,
which the great Bolognese jurists, Bulgarus, Martinus, Hugolinus, and
others who constantly surrounded Frederick, taught and applied, as
matter of course, to a Teutonic, a feudal king, were by the rest of
the world not denied, were accepted in fervent faith by his German and
Italian partisans. 'To the Emperor belongs the protection of the whole
world,' says bishop Otto of Freysing. 'The Emperor is a living law
upon earth[185].' To Frederick, at Roncaglia, the archbishop of Milan
speaks for the assembled magnates of Lombardy: 'Do and ordain
whatsoever thou wilt, thy will is law; as it is written, "Quicquid
principi placuit legis habet vigorem, cum populus ei et in eum omne
suum imperium et potestatem concesserit[186]." The Hohenstaufen
Public-domain text, read in full here on John Shaqi.
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