[136] Savigny,vi. 138; v. 201. Of Bartolus and his school it is said by Grotius, Temporum suorum infelicitas impedimento sæpe fuit, quo minus recte leges illas intelligerent; satis solertes alioqui ad indagandam æqui bonique naturam; quo factum ut sæpe optimi sint condendi juris auctores, etiam tunc cum conditi juris mali sunt interpretes. Prolegomena in Jus Belli et Pacis.
Inferiority of jurists in fourteenth and fifteenth centuries.
76. The later expositors of law, those after the age of Accursius, are reproached with a tedious prolixity, which the scholastic refinements of disputation were apt to produce. They were little more conversant with philological and historical literature than their predecessors, and had less diligence in that comparison of texts, by which an acute understanding might compensate the want of subsidiary learning. In the use of language, the jurists, with hardly any exceptions, are uncouth and barbarous. The great school of Bologna sent out all the earlier glossers. In the fourteenth century this famous university fell rather into decline; the jealousy of neighbouring states subjected its graduates to some disadvantage; and while the study of jurisprudence was less efficacious, it was more diffused. Italy alone had produced great masters of the science; the professors in France and Germany during the middle ages have left no great reputation.[137]
[137] In this slight sketch of the early lawyers, I have been chiefly guided, as the reader will have perceived, by Gravina and Savigny, and also by a very neat and succinct sketch in Eichhorn, Gesch. der Litteratur, ii. 448-464. The Origines Juris of the first have enjoyed a considerable reputation. But Savigny says with severity, that Gravina has thought so much more of his style than his subject, that all he says of the old jurists is perfectly worthless through its emptiness and want of criticism. iii. 72. Of Terrasson’s Histoire de la Jurisprudence Romaine he speaks in still lower terms.
Classical literature and taste in dark ages. 77. IV. The universities however, with their metaphysics derived from Aristotle through the medium of Arabian interpreters who did not understand him, and with the commentaries of Arabian philosophers who perverted him,[138] the development of the modern languages with their native poetry, much more the glosses of the civil lawyers, are not what is commonly meant by the revival of learning. In this we principally consider the increased study of the Latin and Greek languages, and in general of what we call classical antiquity. In the earliest of the dark ages, as far back as the sixth century, the course of liberal instruction was divided into the trivium and the quadrivium; the former comprising grammar, logic, and rhetoric; the latter music, arithmetic, geometry, and astronomy. But these sciences, which seem tolerably comprehensive, were in reality taught most superficially, or not at all. The Latin grammar, in its merest rudiments, from a little treatise ascribed to Donatus and extracts of Priscian,[139] formed the only necessary part of the trivium in ecclesiastical schools. Even this seems to have been introduced afresh by Bede and the writers of the eighth century, who much excel their immediate predecessors in avoiding gross solecisms of grammar.[140] It was natural that in England, where Latin had never been a living tongue, it should be taught better than in countries which still affected to speak it. From the time of Charlemagne it was lost on the continent in common use, and preserved only through glossaries, of which there were many. The style of Latin in the dark period, independently of its want of verbal purity, is in very bad taste; and none seem to have been more inflated and empty than the English.[141] The distinction between the ornaments adapted to poetry and to prose had long been lost, and still more the just sense of moderation in their use. It cannot be wondered at that a vicious rhetoric should have overspread the writings of the seventh and eighth centuries, when there is so much of it in the third and fourth.
[138] It has been a subject of controversy, whether the physical and metaphysical writings of Aristotle were made known to Europe at the beginning of the thirteenth century, through Constantinople, or through Arabic translations. The former supposition rests certainly on what seems good authority, that of Rigord, a contemporary historian. But the latter is now more generally received, and is said to be proved in a dissertation which I have not seen, by M. Jourdain. Tennemann, Manuel de l’Hist. de la Philos., i. 355. These Arabic translations were themselves not made directly from the Greek, but from the Syriac. It is thought by Buhle that the logic of Aristotle was known in Europe sooner.
[139] Fleury, xvii. 18. Andrès, ix. 284.
[140] Eichhorn, Allg. Gesch. ii. 73. The reader is requested to distinguish, at least if he cares about references, Eichhorn’s Allgemeine Geschichte der Cultur, from his Geschichte der Litteratur, with which, in future, we shall have more concern.
[141] Fleury, xvii. 23. Ducange, preface to Glossary, p. 10. The Anglo-Saxon charters are distinguished for their pompous absurdity; and it is the general character of our early historians. One Ethelwerd is the worst; but William of Malmsbury himself, perhaps in some measure by transcribing passages from others, sins greatly in this respect.