In an opusculum[377] written shortly after the middle of the eleventh
century, Peter Damiani bears unequivocal, if somewhat hostile, witness to
the study of law at Ravenna; and it is clear that in his time legal
studies were progressing in both France and Italy. It is unsafe to speak
more definitely, because of the difficulty in fixing the time and place of
certain rather famous pieces of legal literature, which show a marked
advance upon the productions to be ascribed with certainty to an earlier
time. The reference is to the _Petri exceptiones_ and the _Brachylogus_.
The critical questions relating to the former are too complex even to
outline here. Both its time and place are in dispute. The ascribed dates
range from the third quarter of the eleventh century to the first quarter
of the twelfth, a matter of importance, since the opening of the twelfth
century is marked by the rise of the Bologna school. As for the place,
some scholars still adhere to the south of France, while others look to
Pavia or Ravenna. On the whole, the weight of argument seems to favour
Italy and a date not far from 1075.[378]
The _Petrus_, as it is familiarly called, is drawn from immediately prior
and still extant compilations. The compiler wished to give a compendious
if not systematic presentation of law as accepted and approved in his
time, that is to say, of Roman law somewhat mediaevalized in tone, and
with certain extraneous elements from the Lombard codes. The ultimate
Roman sources were the Codification of Justinian, and indeed all of it,
_Digest_, _Codex_, and _Novels_, the last in the form to which they had
been brought in Julian’s _Epitome_. The purpose of the compilation is
given in the Prologue,[379] which in substance is as follows:
“Since for many divers reasons, on account of the great and manifold
difficulties in the laws, even the Doctors of the laws cannot without
pains reach a certain opinion, we, taking account of both laws, to
wit, the _jus civile_ and the _jus naturale_, unfold the solution of
controversies under plain and patent heads. Whatever is found in the
laws that is useless, void, or contrary to equity, we trample under
our feet. Whatever has been added and surely held to, we set forth in
its integral meaning so that nothing may appear unjust or provocative
of appeal from thy judgments, Odilo;[380] but all may make for the
vigour of justice and the praise of God.”
Public-domain text, read in full here on John Shaqi.
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