View of the State of Europe during the Middle Ages Part 31

In the amusing fictions which seem to have been the only popular reading of the middle ages, there reigns a licentious spirit, not of that slighter kind which is usual in such compositions, but indicating a general dissoluteness in the intercourse of the s.e.xes. This has often been noticed of Boccaccio and the early Italian novelists; but it equally characterized the tales and romances of France, whether metrical or in prose, and all the poetry of the Troubadours.[773] The violation of marriage vows pa.s.ses in them for an incontestable privilege of the brave and the fair; and an accomplished knight seems to have enjoyed as undoubted prerogatives, by general consent of opinion, as were claimed by the brilliant courtiers of Louis XV.

[Sidenote: Virtues deemed essential to chivalry.]

But neither that emulous valour which chivalry excited, nor the religion and gallantry which were its animating principles, alloyed as the latter were by the corruption of those ages, could have rendered its inst.i.tution materially conducive to the moral improvement of society.

There were, however, excellences of a very high cla.s.s which it equally encouraged. In the books professedly written to lay down the duties of knighthood, they appear to spread over the whole compa.s.s of human obligations. But these, like other books of morality, strain their schemes of perfection far beyond the actual practice of mankind. A juster estimate of chivalrous manners is to be deduced from romances.

Yet in these, as in all similar fictions, there must be a few ideal touches beyond the simple truth of character; and the picture can only be interesting when it ceases to present images of mediocrity or striking imperfection. But they referred their models of fict.i.tious heroism to the existing standard of moral approbation; a rule, which, if it generally falls short of what reason and religion prescribe, is always beyond the average tenor of human conduct. From these and from history itself we may infer the tendency of chivalry to elevate and purify the moral feelings. Three virtues may particularly be noticed as essential in the estimation of mankind to the character of a knight; loyalty, courtesy, and munificence.

[Sidenote: Loyalty.]

The first of these in its original sense may be defined, fidelity to engagements; whether actual promises, or such tacit obligations as bound a va.s.sal to his lord and a subject to his prince. It was applied also, and in the utmost strictness, to the fidelity of a lover towards the lady he served. Breach of faith, and especially of an express promise, was held a disgrace that no valour could redeem. False, perjured, disloyal, recreant, were the epithets which he must be compelled to endure who had swerved from a plighted engagement even towards an enemy. This is one of the most striking changes produced by chivalry.

Treachery, the usual vice of savage as well as corrupt nations, became infamous during the vigour of that discipline. As personal rather than national feelings actuated its heroes, they never felt that hatred, much less that fear of their enemies, which blind men to the heinousness of ill faith. In the wars of Edward III., originating in no real animosity, the spirit of honourable as well as courteous behaviour towards the foe seems to have arrived at its highest point. Though avarice may have been the primary motive of ransoming prisoners instead of putting them to death, their permission to return home on the word of honour in order to procure the stipulated sum--an indulgence never refused--could only be founded on experienced confidence in the principles of chivalry.[774]

[Sidenote: Courtesy.]

[Sidenote: Liberality.]

A knight was unfit to remain a member of the order if he violated his faith; he was ill acquainted with its duties if he proved wanting in courtesy. This word expressed the most highly refined good breeding, founded less upon a knowledge of ceremonious politeness, though this was not to be omitted, than on the spontaneous modesty, self-denial, and respect for others, which ought to spring from his heart. Besides the grace which this beautiful virtue threw over the habits of social life, it softened down the natural roughness of war, and gradually introduced that indulgent treatment of prisoners which was almost unknown to antiquity. Instances of this kind are continual in the later period of the middle ages. An Italian writer blames the soldier who wounded Eccelin, the famous tyrant of Padua, after he was taken. "He deserved,"

says he, "no praise, but rather the greatest infamy for his baseness; since it is as vile an act to wound a prisoner, whether n.o.ble or otherwise, as to strike a dead body."[775] Considering the crimes of Eccelin, this sentiment is a remarkable proof of generosity. The behaviour of Edward III. to Eustace de Ribaumont, after the capture of Calais, and that, still more exquisitely beautiful, of the Black Prince to his royal prisoner at Poitiers, are such eminent instances of chivalrous virtue, that I omit to repeat them only because they are so well known. Those great princes too might be imagined to have soared far above the ordinary track of mankind. But in truth, the knights who surrounded them and imitated their excellences, were only inferior in opportunities of displaying the same virtue. After the battle of Poitiers, "the English and Gascon knights," says Froissart, "having entertained their prisoners, went home each of them with the knights or squires he had taken, whom he then questioned upon their honour what ransom they could pay without inconvenience, and easily gave them credit; and it was common for men to say, that they would not straiten any knight or squire so that he should not live well and keep up his honour."[776] Liberality, indeed, and disdain of money, might be reckoned, as I have said, among the essential virtues of chivalry. All the romances inculcate the duty of scattering their wealth with profusion, especially towards minstrels, pilgrims, and the poorer members of their own order. The last, who were pretty numerous, had a constant right to succour from the opulent; the castle of every lord, who respected the ties of knighthood, was open with more than usual hospitality to the traveller whose armour announced his dignity, though it might also conceal his poverty.[777]

[Sidenote: Justice.]

Valour, loyalty, courtesy, munificence, formed collectively the character of an accomplished knight, so far as was displayed in the ordinary tenor of his life, reflecting these virtues as an unsullied mirror. Yet something more was required for the perfect idea of chivalry, and enjoined by its principles; an active sense of justice, an ardent indignation against wrong, a determination of courage to its best end, the prevention or redress of injury. It grew up as a salutary antidote in the midst of poisons, while scarce any law but that of the strongest obtained regard, and the rights of territorial property, which are only rights as they conduce to general good, became the means of general oppression. The real condition of society, it has sometimes been thought, might suggest stories of knight-errantry, which were wrought up into the popular romances of the middle ages. A baron, abusing the advantage of an inaccessible castle in the fastnesses of the Black Forest or the Alps, to pillage the neighbourhood and confine travellers in his dungeon, though neither a giant nor a Saracen, was a monster not less formidable, and could perhaps as little be destroyed without the aid of disinterested bravery. Knight-errantry, indeed, as a profession, cannot rationally be conceived to have had any existence beyond the precincts of romance. Yet there seems no improbability in supposing that a knight, journeying through uncivilized regions in his way to the Holy Land, or to the court of a foreign sovereign, might find himself engaged in adventures not very dissimilar to those which are the theme of romance. We cannot indeed expect to find any historical evidence of such incidents.

[Sidenote: Resemblance of chivalrous to eastern manners.]

The characteristic virtues of chivalry bear so much resemblance to those which eastern writers of the same period extol, that I am a little disposed to suspect Europe of having derived some improvement from imitation of Asia. Though the crusades began in abhorrence of infidels, this sentiment wore off in some degree before their cessation; and the regular intercourse of commerce, sometimes of alliance, between the Christians of Palestine and the Saracens, must have removed part of the prejudice, while experience of their enemy's courage and generosity in war would with those gallant knights serve to lighten the remainder. The romancers expatiate with pleasure on the merits of Saladin, who actually received the honour of knighthood from Hugh of Tabaria, his prisoner. An ancient poem, ent.i.tled the Order of Chivalry, is founded upon this story, and contains a circ.u.mstantial account of the ceremonies, as well as duties, which the inst.i.tution required.[778] One or two other instances of a similar kind bear witness to the veneration in which the name of knight was held among the eastern nations. And certainly the Mohammedan chieftains were for the most part abundantly qualified to fulfil the duties of European chivalry. Their manners had been polished and courteous, while the western kingdoms were comparatively barbarous.

[Sidenote: Evils produced by the spirit of chivalry.]

The principles of chivalry were not, I think, naturally productive of many evils. For it is unjust to cla.s.s those acts of oppression or disorder among the abuses of knighthood, which were committed in spite of its regulations, and were only prevented by them from becoming more extensive. The licence of times so imperfectly civilized could not be expected to yield to inst.i.tutions, which, like those of religion, fell prodigiously short in their practical result of the reformation which they were designed to work. Man's guilt and frailty have never admitted more than a partial corrective. But some bad consequences may be more fairly ascribed to the very nature of chivalry. I have already mentioned the dissoluteness which almost unavoidably resulted from the prevailing tone of gallantry. And yet we sometimes find in the writings of those times a spirit of pure but exaggerated sentiment; and the most fanciful refinements of pa.s.sion are mingled by the same poets with the coa.r.s.est immorality. An undue thirst for military renown was another fault that chivalry must have nourished; and the love of war, sufficiently pernicious in any shape, was more founded, as I have observed, on personal feelings of honour, and less on public spirit, than in the citizens of free states. A third reproach may be made to the character of knighthood, that it widened the separation between the different cla.s.ses of society, and confirmed that aristocratical spirit of high birth, by which the large ma.s.s of mankind were kept in unjust degradation. Compare the generosity of Edward III. towards Eustace de Ribaumont at the siege of Calais with the harshness of his conduct towards the citizens. This may be ill.u.s.trated by a story from Joinville, who was himself imbued with the full spirit of chivalry, and felt like the best and bravest of his age. He is speaking of Henry count of Champagne, who acquired, says he, very deservedly, the surname of Liberal, and adduces the following proof of it. A poor knight implored of him on his knees one day as much money as would serve to marry his two daughters. One Arthault de Nogent, a rich burgess, willing to rid the count of this importunity, but rather awkward, we must own, in the turn of his argument, said to the pet.i.tioner; My lord has already given away so much that he has nothing left. Sir Villain, replied Henry, turning round to him, you do not speak truth in saying that I have nothing left to give, when I have got yourself. Here, Sir Knight, I give you this man and warrant your possession of him. Then, says Joinville, the poor knight was not at all confounded, but seized hold of the burgess fast by the collar, and told him he should not go till he had ransomed himself. And in the end he was forced to pay a ransom of five hundred pounds. The simple-minded writer who brings this evidence of the count of Champagne's liberality is not at all struck with the facility of a virtue that is exercised at the cost of others.[779]

[Sidenote: Circ.u.mstances tending to promote it.]

There is perhaps enough in the nature of this inst.i.tution and its congeniality to the habits of a warlike generation to account for the respect in which it was held throughout Europe. But several collateral circ.u.mstances served to invigorate its spirit. Besides the powerful efficacy with which the poetry and romance of the middle ages stimulated those susceptible minds which were alive to no other literature, we may enumerate four distinct causes tending to the promotion of chivalry.

[Sidenote: Regular education for knighthood.]

The first of these was the regular scheme of education, according to which the sons of gentlemen from the age of seven years, were brought up in the castles of superior lords, where they at once learned the whole discipline of their future profession, and imbibed its emulous and enthusiastic spirit. This was an inestimable advantage to the poorer n.o.bility, who could hardly otherwise have given their children the accomplishments of their station. From seven to fourteen these boys were called pages or varlets; at fourteen they bore the name of esquire. They were instructed in the management of arms, in the art of horsemans.h.i.+p, in exercises of strength and activity. They became accustomed to obedience and courteous demeanour, serving their lord or lady in offices which had not yet become derogatory to honourable birth, and striving to please visitors, and especially ladies, at the ball or banquet. Thus placed in the centre of all that could awaken their imaginations, the creed of chivalrous gallantry, superst.i.tion, or honour must have made indelible impressions. Panting for the glory which neither their strength nor the established rules permitted them to antic.i.p.ate, the young scions of chivalry attended their masters to the tournament, and even to the battle, and riveted with a sigh the armour they were forbidden to wear.[780]

[Sidenote: Encouragement of princes. Tournaments.]

It was the constant policy of sovereigns to encourage this inst.i.tution, which furnished them with faithful supports, and counteracted the independent spirit of feudal tenure. Hence they displayed a lavish magnificence in festivals and tournaments, which may be reckoned a second means of keeping up the tone of chivalrous feeling. The kings of France and England held solemn or plenary courts at the great festivals, or at other times, where the name of knight was always a t.i.tle to admittance; and the masque of chivalry, if I may use the expression, was acted in pageants and ceremonies fantastical enough in our apprehension, but well calculated for those heated understandings. Here the peac.o.c.k and the pheasant, birds of high fame in romance, received the homage of all true knights.[781] The most singular festival of this kind was that celebrated by Philip duke of Burgundy, in 1453. In the midst of the banquet a pageant was introduced, representing the calamitous state of religion in consequence of the recent capture of Constantinople. This was followed by the appearance of a pheasant, which was laid before the duke, and to which the knights present addressed their vows to undertake a crusade, in the following very characteristic preamble: I swear before G.o.d my Creator in the first place, and the glorious Virgin his mother, and next before the ladies and the pheasant.[782] Tournaments were a still more powerful incentive to emulation. These may be considered to have arisen about the middle of the eleventh century; for though every martial people have found diversion in representing the image of war, yet the name of tournaments, and the laws that regulated them, cannot be traced any higher.[783] Every scenic performance of modern times must be tame in comparison of these animating combats. At a tournament, the s.p.a.ce enclosed within the lists was surrounded by sovereign princes and their n.o.blest barons, by knights of established renown, and all that rank and beauty had most distinguished among the fair. Covered with steel, and known only by their emblazoned s.h.i.+eld or by the favours of their mistresses, a still prouder bearing, the combatants rushed forward to a strife without enmity, but not without danger. Though their weapons were pointless, and sometimes only of wood, though they were bound by the laws of tournaments to strike only upon the strong armour of the trunk, or, as it was called, between the four limbs, those impetuous conflicts often terminated in wounds and death.

The church uttered her excommunications in vain against so wanton an exposure to peril; but it was more easy for her to excite than to restrain that martial enthusiasm. Victory in a tournament was little less glorious, and perhaps at the moment more exquisitely felt, than in the field; since no battle could a.s.semble such witnesses of valour.

"Honour to the sons of the brave," resounded amidst the din of martial music from the lips of the minstrels, as the conqueror advanced to receive the prize from his queen or his mistress; while the surrounding mult.i.tude acknowledged in his prowess of that day an augury of triumphs that might in more serious contests be blended with those of his country.[784]

[Sidenote: Privileges of knighthood.]

Both honorary and substantial privileges belonged to the condition of knighthood, and had of course a material tendency to preserve its credit. A knight was distinguished abroad by his crested helmet, his weighty armour, whether of mail or plate, bearing his heraldic coat, by his gilded spurs, his horse barded with iron, or clothed in housing of gold; at home, by richer silks and more costly furs than were permitted to squires, and by the appropriated colour of scarlet. He was addressed by t.i.tles of more respect.[785] Many civil offices, by rule or usage, were confined to his order. But perhaps its chief privilege was to form one distinct cla.s.s of n.o.bility extending itself throughout great part of Europe, and almost independent, as to its rights and dignities, of any particular sovereign. Whoever had been legitimately dubbed a knight in one country became, as it were, a citizen of universal chivalry, and might a.s.sume most of its privileges in any other. Nor did he require the act of a sovereign to be thus distinguished. It was a fundamental principle that any knight might confer the order; responsible only in his own reputation if he used lightly so high a prerogative. But as all the distinctions of rank might have been confounded, if this right had been without limit, it was an equally fundamental rule, that it could only be exercised in favour of gentlemen.[786]

The privileges annexed to chivalry were of peculiar advantage to the vava.s.sors, or inferior gentry, as they tended to counterbalance the influence which territorial wealth threw into the scale of their feudal suzerains. Knighthood brought these two cla.s.ses nearly to a level; and it is owing perhaps in no small degree to this inst.i.tution that the lower n.o.bility saved themselves, notwithstanding their poverty, from being confounded with the common people.

[Sidenote: Connexion of chivalry with military service.]

[Sidenote: Knights-bannerets and bachelors.]

Lastly, the customs of chivalry were maintained by their connexion with military service. After armies, which we may call comparatively regular, had superseded in a great degree the feudal militia, princes were anxious to bid high for the service of knights, the best-equipped and bravest warriors of the time, on whose prowess the fate of battles was for a long period justly supposed to depend. War brought into relief the generous virtues of chivalry, and gave l.u.s.tre to its distinctive privileges. The rank was sought with enthusiastic emulation through heroic achievements, to which, rather than to mere wealth and station, it was considered to belong. In the wars of France and England, by far the most splendid period of this inst.i.tution, a promotion of knights followed every success, besides the innumerable cases where the same honour rewarded individual bravery.[787] It may here be mentioned that an honorary distinction was made between knights-bannerets and bachelors.[788] The former were the richest and best accompanied. No man could properly be a banneret unless he possessed a certain estate, and could bring a certain number of lances into the field.[789] His distinguis.h.i.+ng mark was the square banner, carried by a squire at the point of his lance; while the knight-bachelor had only the coronet or pointed pendant. When a banneret was created, the general cut off this pendant to render the banner square.[790] But this distinction, however it elevated the banneret, gave him no claim to military command, except over his own dependents or men at arms. Chandos was still a knight-bachelor when he led part of the prince of Wales's army into Spain. He first raised his banner at the battle of Navarette; and the narration that Froissart gives of the ceremony will ill.u.s.trate the manners of chivalry and the character of that admirable hero, the conqueror of Du Guesclin and pride of English chivalry, whose fame with posterity has been a little overshadowed by his master's laurels.[791]

What seems more extraordinary is, that mere squires had frequently the command over knights. Proofs of this are almost continual in Froissart.

But the vast estimation in which men held the dignity of knighthood led them sometimes to defer it for great part of their lives, in hope of signalizing their invest.i.ture by some eminent exploit.

[Sidenote: Decline of chivalry.]

These appear to have been the chief means of nouris.h.i.+ng the principles of chivalry among the n.o.bility of Europe. But notwithstanding all encouragement, it underwent the usual destiny of human inst.i.tutions. St.

Palaye, to whom we are indebted for so vivid a picture of ancient manners, ascribes the decline of chivalry in France to the profusion with which the order was lavished under Charles VI., to the establishment of the companies of ordonnance by Charles VII., and to the extension of knightly honours to lawyers, and other men of civil occupation, by Francis I.[792] But the real principle of decay was something different from these three subordinate circ.u.mstances, unless so far as it may bear some relation to the second. It was the invention of gunpowder that eventually overthrew chivalry. From the time when the use of fire-arms became tolerably perfect the weapons of former warfare lost their efficacy, and physical force was reduced to a very subordinate place in the accomplishments of a soldier. The advantages of a disciplined infantry became more sensible; and the lancers, who continued till almost the end of the sixteenth century to charge in a long line, felt the punishment of their presumption and indiscipline.

Even in the wars of Edward III., the disadvantageous tactics of chivalry must have been perceptible; but the military art had not been sufficiently studied to overcome the prejudices of men eager for individual distinction. Tournaments became less frequent; and, after the fatal accident of Henry II., were entirely discontinued in France.

Notwithstanding the convulsions of the religious wars, the sixteenth century was more tranquil than any that had preceded; and thus a large part of the n.o.bility pa.s.sed their lives in pacific habits, and if they a.s.sumed the honours of chivalry, forgot their natural connexion with military prowess. This is far more applicable to England, where, except from the reign of Edward III. to that of Henry VI., chivalry, as a military inst.i.tution, seems not to have found a very congenial soil.[793] To these circ.u.mstances, immediately affecting the military condition of nations, we must add the progress of reason and literature, which made ignorance discreditable even in a soldier, and exposed the follies of romance to a ridicule which they were very ill calculated to endure.

The spirit of chivalry left behind it a more valuable successor. The character of knight gradually subsided in that of gentleman; and the one distinguishes European society in the sixteenth and seventeenth centuries, as much as the other did in the preceding ages. A jealous sense of honour, less romantic, but equally elevated, a ceremonious gallantry and politeness, a strictness in devotional observances, a high pride of birth and feeling of independence upon any sovereign for the dignity it gave, a sympathy for martial honour, though more subdued by civil habits, are the lineaments which prove an indisputable descent.

The cavaliers of Charles I. were genuine successors of Edward's knights; and the resemblance is much more striking, if we ascend to the civil wars of the League. Time has effaced much also of this gentlemanly, as it did before of the chivalrous character. From the latter part of the seventeenth century its vigour and purity have undergone a tacit decay, and yielded, perhaps in every country, to increasing commercial wealth, more diffused instruction, the spirit of general liberty in some, and of servile obsequiousness in others, the modes of life in great cities, and the levelling customs of social intercourse.[794]

[Sidenote: Literature.]

It is now time to pa.s.s to a very different subject. The third head under which I cla.s.sed the improvements of society during the four last centuries of the middle ages was that of literature. But I must apprise the reader not to expect any general view of literary history, even in the most abbreviated manner. Such an epitome would not only be necessarily superficial, but foreign in many of its details to the purposes of this chapter, which, attempting to develop the circ.u.mstances that gave a new complexion to society, considers literature only so far as it exercised a general and powerful influence. The private researches, therefore, of a single scholar, unproductive of any material effect in his generation, ought not to arrest us, nor indeed would a series of biographical notices, into which literary history is apt to fall, be very instructive to a philosophical inquirer. But I have still a more decisive reason against taking a large range of literary history into the compa.s.s of this work, founded on the many contributions which have been made within the last forty years in that department, some of them even since the commencement of my own labour.[795] These have diffused so general an acquaintance with the literature of the middle ages, that I must, in treating the subject, either compile secondary information from well-known books, or enter upon a vast field of reading, with little hope of improving upon what has been already said, or even acquiring credit for original research. I shall, therefore, confine myself to four points: the study of civil law; the inst.i.tution of universities; the application of modern languages to literature, and especially to poetry; and the revival of ancient learning.

[Sidenote: Civil law.]

The Roman law had been nominally preserved ever since the destruction of the empire; and a great portion of the inhabitants of France and Spain, as well as Italy, were governed by its provisions. But this was a mere compilation from the Theodosian code; which itself contained only the more recent laws promulgated after the establishment of Christianity, with some fragments from earlier collections. It was made by order of Alaric king of the Visigoths about the year 500, and it is frequently confounded, with the Theodosian code by writers of the dark ages.[796]

The code of Justinian, reduced into system after the separation of the two former countries from the Greek empire, never obtained any authority in them; nor was it received in the part of Italy subject to the Lombards. But that this body of laws was absolutely unknown in the West during any period seems to have been too hastily supposed. Some of the more eminent ecclesiastics, as Hincmar and Ivon of Chartres, occasionally refer to it, and bear witness to the regard which the Roman church had uniformly paid to its decisions.[797]

The revival of the study of jurisprudence, as derived from the laws of Justinian, has generally been ascribed to the discovery made of a copy of the Pandects at Amalfi, in 1135, when that city was taken by the Pisans. This fact, though not improbable, seems not to rest upon sufficient evidence.[798] But its truth is the less material, as it appears to be unequivocally proved that the study of Justinian's system had recommenced before that era. Early in the twelfth century a professor named Irnerius[799] opened a school of civil law at Bologna, where he commented, if not on the Pandects, yet on the other books, the Inst.i.tutes and Code, which were sufficient to teach the principles and inspire the love of that comprehensive jurisprudence. The study of law, having thus revived, made a surprising progress; within fifty years Lombardy was full of lawyers, on whom Frederic Barbarossa and Alexander III., so hostile in every other respect, conspired to shower honours and privileges. The schools of Bologna were pre-eminent throughout this century for legal learning. There seem also to have been seminaries at Modena and Mantua; nor was any considerable city without distinguished civilians. In the next age they became still more numerous, and their professors more conspicuous, and universities arose at Naples, Padua, and other places, where the Roman law was the object of peculiar regard.[800]

There is apparently great justice in the opinion of Tiraboschi, that by acquiring internal freedom and the right of determining controversies by magistrates of their own election, the Italian cities were led to require a more extensive and accurate code of written laws than they had hitherto possessed. These munic.i.p.al judges were chosen from among the citizens, and the succession to offices was usually so rapid, that almost every freeman might expect in his turn to partake in the public government, and consequently in the administration of justice. The latter had always indeed been exercised in the sight of the people by the count and his a.s.sessors under the Lombard and Carlovingian sovereigns; but the laws were rude, the proceedings tumultuary, and the decisions perverted by violence. The spirit of liberty begot a stronger sense of right; and right, it was soon perceived, could only be secured by a common standard. Magistrates holding temporary offices, and little elevated in those simple times above the citizens among whom they were to return, could only satisfy the suitors, and those who surrounded their tribunal, by proving the conformity of their sentences to acknowledged authorities. And the practice of alleging reasons in giving judgment would of itself introduce some uniformity of decision and some adherence to great rules of justice in the most arbitrary tribunals; while, on the other hand, those of a free country lose part of their t.i.tle to respect, and of their tendency to maintain right, whenever, either in civil or criminal questions, the mere sentence of a judge is p.r.o.nounced without explanation of its motives.

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.[801] 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;[802] 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.[803] 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.[804] 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.[805]

[Sidenote: 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.[806] 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.[807] 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.[808]

[Sidenote: The elder civilians little regarded.]

I should earn little grat.i.tude 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 ma.n.u.scripts 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 princ.i.p.al 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 Panormita.n.u.s, were greatly regarded as authorities; unless it were in Spain, where improvement is always odious, and the name of Bartolus inspired absolute deference.[809] 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 inst.i.tutions 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.[810]

[Sidenote: Public schools established by Charlemagne.]

The establishment of public schools in France is owing to Charlemagne.

At his accession, we are a.s.sured that no means of obtaining a learned education existed in his dominions;[811] 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.[812] 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.[813] 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.[814] 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.[815] Alcuin was, in his old age, against reading the poets;[816] 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.[817]