voluntarily or otherwise. He now discusses the various modes in which
possession is acquired by transfer, then the nature of the _justa_ or
_injusta causa_ with which possession may begin, and the effect on the
rights of the possessor, and then some matters more peculiar to the time
of Justinian. After which he passes to the loss of possession, and
concludes with saying that he has endeavoured to go over the whole
subject, and whatever is omitted or insufficiently treated, he begs that
it be laid to the fault of _humanae imbecillitatis_. The discussion reads
like a carefully drawn outline which his lecture should expand.[388]
The knowledge and understanding of the Roman law in the mediaeval
centuries should be viewed in conjunction with the general progress of
intellectual aptitude during the same periods. The growth of legal
knowledge will then show itself as a part of mediaeval development, as one
phase of the flowering of the mediaeval intellect. For the treatment of
Roman law presents stages essentially analogous to those by which the
Middle Ages reached their understanding and appropriation of other
portions of their great inheritance from classical antiquity and the
Christianity of the Fathers. Let us recapitulate: the Roman law, adapted,
or corrupted if one will, epitomized and known chiefly in its later
enacted forms, was never unapplied nor the study of it quite abandoned. It
constituted a great part of the law of Italy and southern France; in these
two regions likewise was its study least neglected. We have observed the
superficial and mainly linguistic nature of the glosses which this early
mediaeval period interlined or wrote on the margins of the source-books
drawn upon, also the rude and barbarous nature of the earlier summaries
and compilations. They were helps to a crude practical knowledge of the
law. Gradually the treatment seems to become more intelligent, a little
nearer the level of the matter excerpted or made use of. Through the
eleventh century it is evident that social conditions were demanding and
also facilitating an increase in legal knowledge; and at that century’s
close a by no means stupid compilation appears, the _Petri exceptiones_,
and perhaps such a fairly intelligent manual for elementary instruction
as the _Brachylogus_. These works indicate that the instruction in the law
was improving. We have also the sparse references to schools of law, at
Rome, at Ravenna, at Orleans. Then we come upon the _Summa Codicis_ called
of Irnerius, of uncertain _provenance_, like the _Petrus_ and
_Brachylogus_. But there is no need to be informed specifically of its
place and date in order to recognize its advance in legal intelligence, in
veritable jurisprudence. The writer was a master of the law, an adept in
its exposition, and his oral teaching must have been of a high order. With
this book we have unquestionably touched the level of the strong
beginnings of the greatest of mediaeval schools of Roman law.
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