This famous, perhaps all too famous, _Glossa ordinaria_ was a digest and,
as it proved, a final one, of the glosses of his predecessors and
contemporaries. He drew not only from their glosses, but also on their
_Summae_ and other writings. He added a good deal of his own. Great as was
the feat, the somewhat deadened talent of a compiler shows in the result,
which flattened out the individual labours of so many jurists. It came at
once into general use in the courts and outside of them; for it was a
complete commentary on the Justinianean law, so compendious and convenient
that there was no further need of the glosses of earlier men. This book
marked the turning-point of the Bologna school, after which its
productivity lessened. Its work was done: _Codex_, _Novels_, and above
all the _Pandects_ were rescued from oblivion, and fully expounded, so far
as the matter in them was still of interest. When the labours of the
school had been conveniently heaped together in one huge _Glossa_, there
was no vital inducement to do this work again. The school of the
glossators was _functus officio_. Naturally with the lessening of the
call, productivity diminished. Little was left to do save to gloss the
glosses, an epigonic labour which would not attract men of talent.
Moreover, treating the older glosses, instead of the original text, as the
matter to be interpreted was unfavourable to progress in the understanding
of the latter.
Yet, for a little, the breath of life was still to stir in the school of
the glossators. There was a man of fame, a humanist indeed, named Cino,
whose beautiful tomb still draws the lover of things lovely to Pistoia.
Cino was also a jurist, and it came to him to be the teacher of one whose
name is second to none among the legists of the Middle Ages. This was
Bartolus, born probably in the year 1314 at Sassoferrato in the duchy of
Urbino. He was a scholar, learned in geometry and Hebrew, also a man of
affairs. He taught the law at Pisa and Perugia, and in the last-named town
he died in 1357, not yet forty-four years old. Bartolus wrote and compiled
full commentaries on the entire _Corpus juris civilis_; and yet he
produced no work differing in kind from works of his predecessors.
Moreover, between him and the body of the law rose the great mass of gloss
and comment already in existence, through which he did not always
penetrate to the veritable _Corpus_. Yet his labours were inspired with
the energy of a vigorous nature, and he put fresh thoughts into his
commentaries.[398]
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