Of the Roman lawes repared and restored.
LOtharius is not onely praysed for his no∣table valiaūtnesse in warres, where with he hath set both Germany and Italy at a staye & rest: but also for his endeuoure in ye
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LOtharius is not onely praysed for his no∣table valiaūtnesse in warres, where with he hath set both Germany and Italy at a staye & rest: but also for his endeuoure in ye
religion and good lawes. In his tyme was in Ita∣ly by the quene Mectildis a man of great learnyng* 1.1 called Wernherus, whome Accursius the lawer cal¦leth oft Irnemerius. The same founde the bokes of the Romane lawes in the liberaries dusted & vn∣regarded, and brought them to lyght agayne: Lo∣tharius commaunded to vse them openly in scoles, and to geue sentence agayne after them in iudgemē¦tes* 1.2 of the empyre. And so by this meanes was that treasure brought to lyght agayn, whiche none can be more profitable, nor more costly, namely whereof innumerable profites are flowen. For first it is a cer¦taine lawe and conformable to mans reason resto∣red to whole Europa: by reason all nacions, and all other lawes vse this Romane lawe in searchynge right as a certayne line or carpenters rule: for it is moste nearest applyed to common honestie. Secōd¦ly do thees restored Romane lawes not a lytle pro∣fyte thereto, that they gyue commaundementes of the common behaue ours of this lyfe and best ma∣ners, whiche are no where founde better: I passe o∣uer that the purenesse of the Latine tungue began to florysh agayn, by restoryng of this lawe as borne again. But when this study of the lawe was in∣stitute, straightwaye were become great and many excellent lawers, whiche busied both to interprete the lawes, and to set them againe in vre. Truely, I can not maruaile ynough, that men became so well learned at that tyme, wherein the vse of the Latine tunge, the histories, finally al the auncient Romane disciplines were left of for the whyle: so that it may easely be supposed, that those fyrst lawers were not
onely men of greate diligence in studies, but also greate and wyse men exercysed with muche expe∣rience of common matters: For wythout exercyse, had it bene impossible to knowe the Roman lawes. Wherefore are the same doctors of the lawe to bee iudged no lesse, than those auncient lawiers Vlpia∣nus, Seruius and other.
Azo, whiche is euen the chefe of the expounders* 1.3 of the lawe, lyued in the tyme of this Lotharius. After the same lyued Accursius, the same also lyued* 1.4 vntil the time of Frederick the second. In the tyme of Henry of Lucelborowe were many and notable doctors, as Bartholus and other. Gratianus, who* 1.5 gathered the Decrees of the common lawe, was also in the tyme of Lotharius. But before were su∣che bookes also. For of this sorte was a lytle booke written by a byshop of Wormes, whiche at that ty∣me was vsed: we also haue sene it in our daies. But when the studies of the lawe floryshed now euery where, and that the best learned embraced them,* 1.6 (as it happeneth moste commonly in a new thing,) the monkes perceauyng that the knowledge of ho∣ly scripture beganne to coule and be despysed, for studieng the lawe: they also beganne a studye of Theology or diuinitie, and ordeyned scole disputa∣tions in diuine matters, as the lawers dyd in ciuyll matters. Thus beganne the diuinitie scole, wherof we shall saye more hereafter.
Wernherus ••restorer of y• lawes.
The p••••yse •• profitable••••s of the Rom. lawes.
Azo.
Accursius.
Bartholus. Gracianus.
By what oc∣casion the mō¦kes are brou∣ght to wryte.