The fame of this renovated jurisprudence spread very rapidly from Italy over other parts of Europe. Students flocked from all parts of Bologna; and some eminent masters of that school repeated its lessons in distant countries. One of these, Placentinus, explained the Digest at Montpelier before the end of the twelfth century; and the collection of Justinian soon came to supersede the Theodosian code in the dominions of Toulouse.[m] Its study continued to flourish in the universities of both these cities; and hence the Roman law, as it is exhibited in the system of Justinian, became the rule of all tribunals in the southern provinces of France. Its authority in Spain is equally great, or at least is only disputed by that of the canonists;[n] and it forms the acknowledged basis of decision in all the Germanic tribunals, sparingly modified by the ancient feudal customaries, which the jurists of the empire reduce within narrow bounds.[o] In the northern parts of France, where the legal standard was sought in local customs, the civil law met naturally with less regard. But the code of St. Louis borrows from that treasury many of its provisions, and it was constantly cited in pleadings before the parliament of Paris, either as obligatory by way of authority, or at least as written wisdom, to which great deference was shown.[p] Yet its study was long prohibited in the university of Paris, front a disposition of the popes to establish exclusively their decretals, though the prohibition was silently disregarded.[q]
Its introduction into England.
As early as the reign of Stephen, Vacarius, a lawyer of Bologna, taught at Oxford with great success; but the students of scholastic theology opposed themselves, from some unexplained reason, to this new jurisprudence, and his lectures were interdicted.[r] About the time of Henry III. and Edward I. the civil law acquired some credit in England; but a system entirely incompatible with it had established itself in our courts of justice; and the Roman jurisprudence was not only soon rejected, but became obnoxious.[] Every where, however, the clergy combined its study with that of their own canons; it was a maxim that every canonist must be a civilian, and that no one could be a good civilian unless he were also a canonist. In all universities, degrees are granted in both laws conjointly; and in all courts of ecclesiastical jurisdiction, the authority of Justinian is cited, when that of Gregory or Clement is wanting.[t]
The elder civilians little regarded.
I should earn little gratitude for my obscure diligence, were I to dwell on the forgotten teachers of a science that attracts so few. These elder professors of Roman jurisprudence are infected, as we are told, with the faults and ignorance of their time; failing in the exposition of ancient law through incorrectness of manuscripts and want of subsidiary learning, or perverting their sense through the verbal subtleties of scholastic philosophy. It appears that, even a hundred years since, neither Azzo and Accursius, the principal civilians of the thirteenth century, nor Bartolus and Baldus, the more conspicuous luminaries of the next age, nor the later writings of Accolti, Fulgosius, and Panormitanus, were greatly regarded as authorities; unless it were in Spain, where improvement is always odious, and the name of Bartolus inspired absolute deference.[] In the sixteenth century, Alciatus and the greater Cujacius became, as it were, the founders of a new and more enlightened academy of civil law, from which the latter jurists derived their lessons. The laws of Justinian, stripped of their impurer alloy, and of the tedious glosses of their commentators, will form the basis of other systems, and mingling, as we may hope, with the new institutions of philosophical legislators, continue to influence the social relations of mankind, long after their direct authority shall have been abrogated. The ruins of ancient Rome supplied the materials of a new city; and the fragments of her law, which have already been wrought into the recent codes of France and Prussia, will probably, under other names, guide far distant generations by the sagacity of Modestinus and Ulpian.[x]
Public schools established by Charlemagne.
The establishment of public schools in France is owing to Charlemagne. At his accession, we are assured that no means of obtaining a learned education existed in his dominions;[y] and in order to restore in some degree the spirit of letters, he was compelled to invite strangers from countries where learning was not so thoroughly extinguished. Alcuin of England, Clement of Ireland, Theodulf of Germany, were the true Paladins who repaired to his court. With the help of these he revived a few sparks of diligence, and established schools in different cities of his empire; nor was he ashamed to be the disciple of that in his own palace under the care of Alcuin.[z] His two next successors, Louis the Debonair and Charles the Bald, were also encouragers of letters; and the schools of Lyons, Fulda, Corvey, Rheims, and some other cities, might be said to flourish in the ninth century.[a] In these were taught the trivium and quadrivium, a long-established division of sciences: the first comprehending grammar, or what we now call philology, logic, and rhetoric; the second, music, arithmetic, geometry, and astronomy.[] But in those ages scarcely anybody mastered the latter four; and to be perfect in the three former was exceedingly rare. All those studies, however, were referred to theology, and that in the narrowest manner; music, for example, being reduced to church chanting, and astronomy to the calculation of Easter.[c] Alcuin was, in his old age, against reading the poets;[d] and this discouragement of secular learning was very general; though some, as for instance Raban, permitted a slight tincture of it, as subsidiary to religious instruction.[e]
University of Paris.
Abelard.
About the latter part of the eleventh century a greater ardour for intellectual pursuits began to show itself in Europe, which in the twelfth broke out into a flame. This was manifested in the numbers who repaired to the public academies or schools of philosophy. None of these grew so early into reputation as that of Paris. This cannot indeed, as has been vainly pretended, trace its pedigree to Charlemagne. The first who is said to have read lectures at Paris was Remigius of Auxerre, about the year 900.[f] For the two next centuries the history of this school is very obscure; and it would be hard to prove an unbroken continuity, or at least a dependence and connexion of its professors. In the year 1100 we find William of Champeaux teaching logic, and apparently some higher parts of philosophy, with much credit. But this preceptor was eclipsed by his disciple, afterwards his rival and adversary, Peter Abelard, to whose brilliant and hardy genius the university of Paris appears to be indebted for its rapid advancement. Abelard was almost the first who awakened mankind in the ages of darkness to a sympathy with intellectual excellence. His bold theories, not the less attractive perhaps for treading upon the bounds of heresy, his imprudent vanity, that scorned the regularly acquired reputation of older men, allured a multitude of disciples, who would never have listened to an ordinary teacher. It is said that twenty cardinals and fifty bishops had been among his hearers.[g] Even in the wilderness, where he had erected the monastery of Paraclete, he was surrounded by enthusiastic admirers, relinquishing the luxuries, if so they might be called, of Paris, for the coarse living and imperfect accommodation which that retirement could afford.[h] But the whole of Abelard's life was the shipwreck of genius; and of genius, both the source of his own calamities and unserviceable to posterity. There are few lives of literary men more interesting or more diversified by success and adversity, by glory and humiliation, by the admiration of mankind and the persecution of enemies; nor from which, I may add, more impressive lessons of moral prudence may be derived.[] One of Abelard's pupils was Peter Lombard, afterwards archbishop of Paris, and author of a work called the Book of Sentences, which obtained the highest authority among the scholastic disputants. The resort of students to Paris became continually greater; they appear, before the year 1169, to have been divided into nations;[k] and probably they had an elected rector and voluntary rules of discipline about the same time. This, however, is not decisively proved; but in the last year of the twelfth century they obtained their earliest charter from Philip Augustus.[m]