[117] Andrès, p. 68, mentions a note written in 1342, in the Cotton library, as the earliest English specimen of linen paper. I do not know to what this refers; in the above-mentioned Codex Chartaceus is a letter of 1341, but it is on parchment.
[118] Ellis’s Original Letters, i. 1.
Not at first very important. 65. It will be manifest from what has been said how greatly Robertson has been mistaken in his position, that “in the eleventh century the art of making paper, in the manner now become universal, was invented, by means of which not only the number of manuscripts increased but the study of the sciences was wonderfully facilitated.”[119] Even Ginguéné, better informed on such subjects than Robertson, has intimated something of the same kind. But paper, whenever, or wherever invented, was very sparingly used, and especially in manuscript books, among the French, Germans, or English, or linen paper, even among the Italians, till near the close of the period which this chapter comprehends. Upon the “study of the sciences” it could as yet have had very little effect. The vast importance of the invention was just beginning to be discovered. It is to be added, as a remarkable circumstance, that the earliest linen paper was of very good manufacture, strong and handsome, though perhaps too much like card for general convenience; and every one is aware that the first printed books are frequently beautiful in the quality of their paper.
[119] Hist. of Charles V. vol. i. note 10. Heeren inclines to the same opinion, p. 200.
Importance of legal studies. 66. III. The application of general principles of justice to the infinitely various circumstances which may arise in the disputes of men with each other is in itself an admirable discipline of the moral and intellectual faculties. Even where the primary rules of right and policy have been obscured in some measure by a technical and arbitrary system, which is apt to grow up, perhaps inevitably, in the course of civilisation, the mind gains in precision and acuteness, though at the expense of some important qualities; and a people wherein an artificial jurisprudence is cultivated, requiring both a regard to written authority, and the constant exercise of a discriminating judgment upon words, must be deemed to be emerging from ignorance. Such was the condition of Europe in the twelfth century. The feudal customs, long unwritten, though latterly become more steady by tradition, were in some countries reduced into treatises: we have our own Glanvil in the reign of Henry II., and in the next century much was written upon the national laws in various parts of Europe. Upon these it is not my intention to dwell; but the importance of the civil law in its connection with ancient learning, as well as with moral and political science, renders it deserving of a place in any general account either of mediæval or modern literature.
Roman laws never wholly unknown. 67. That the Roman laws, such as they subsisted in the western empire at the time of its dismemberment in the fifth century, were received in the new kingdoms of the Gothic, Lombard, and Carlovingian dynasties, as the rule of those who by birth and choice submitted to them, was shown by Muratori and other writers of the last century. This subject has received additional illustration from the acute and laborious Savigny, who has succeeded in tracing sufficient evidence of what had been, in fact, stated by Muratori, that not only an abridgment of the Theodosian code, but that of Justinian, and even the Pandects, were known in different parts of Europe long before the epoch formerly assigned for the restoration of that jurisprudence.[120] The popular story, already much discredited, that the famous copy of the Pandects, now in the Laurentian library at Florence, was brought to Pisa from Amalfi, after the capture of that city by Roger king of Sicily with the aid of a Pisan fleet in 1135, and became the means of diffusing an acquaintance with that portion of the law through Italy, is shown by him not only to rest on very slight evidence, but to be unquestionably, in the latter and more important circumstance, destitute of all foundation.[121] It is still indeed an undetermined question whether other existing manuscripts of the Pandects are not derived from this illustrious copy, which alone contains the entire fifty books, and which has been preserved with a traditional veneration indicating some superiority; but Savigny has shown, that Peter of Valence, a jurist of the eleventh century, made use of an independent manuscript; and it is certain that the Pandects were the subject of legal studies before the siege of Amalfi.
[120] It can be no disparagement to Savigny, who does not claim perfect originality, to say that Muratori, in his 44th dissertation, gives several instances of quotations from the Pandects in writers older than the capture of Amalfi.
[121] Savigny, Geschichte des Römischen Rechts in mittel alter, iii. 83.
Irnerius, his first successors. 68. Irnerius, by universal testimony, was the founder of all learned investigation into the laws of Justinian. He gave lectures upon them at Bologna his native city, not long, in Savigny’s opinion, after the commencement of the century.[122] And besides this oral instruction, he began the practice of making glosses, or short marginal explanations, on the law books, with the whole of which he was acquainted. We owe also to him, according to ancient opinion, though much controverted in later times, an epitome, called the Authentica, of what Gravina calls the prolix and difficult (salebrosis atque garrulis) Novels of Justinian, arranged according to the titles of the Code. The most eminent successors of this restorer of the Roman law during the same century were Martinus Gosias, Bulgarus, and Placentinus. They were, however, but a few among many interpreters, whose glosses have been partly, though very imperfectly preserved. The love of equal liberty and just laws in the Italian cities rendered the profession of jurisprudence exceedingly honourable; the doctors of Bologna and other universities were frequently called to the office of podestà, or criminal judge, in these small republics; in Bologna itself they were officially members of the smaller or secret council; and their opinions, which they did not render gratuitously, were sought with the respect that had been shown at Rome to their ancient masters of the age of Severus.
[122] Vol. iv. p. 16. Some have erroneously thought Irnerius a German.