Franciscus Accursius
Encyclopedia
Accursius was an Italian
jurist
. He is notable for his organization of the gloss
es, the medieval comments on Justinian
's codification of Roman law
, the Corpus Juris Civilis
. He was not proficient in the classics, but he was called "the Idol of the Jurisconsults".
Accursius was born at Impruneta
, near Florence
. A pupil of Azo, he first practised law in his native city, and was afterwards appointed professor at Bologna
, where he had great success as a teacher. He undertook to arrange into one body the tens of thousands of comments and remarks upon the Code, the Institutes and Digests
. Accursius assembled from the various earlier glosses for each of these texts a coherent and consistent body of glosses. This compilation, soon given the title Glossa ordinaria
or magistralis, and usually known as the Great Gloss, was essentially complete at about 1230. While Accursius was employed in this work, legend has it that, hearing of a similar one proposed and begun by Odofred, another lawyer of Bologna, he feigned indisposition, interrupted his public lectures, and shut himself up, till with the utmost expedition he had accomplished his design.
After the middle of the 13th century, the Gloss had grown to be the starting point for every exegesis of the Corpus Iuris, and was even given force of law in some jurisdictions. The authority of the Gloss is probably due to Accursius' very exhaustive coverage of the civil law, in the course of which he not only pointed out its problems but unlike his predecessors also offered solutions for them. Indeed, modern research has shown that Accursius' work contains nearly 100,000 glosses. The best edition is that of Denis Godefroi, published at Lyon
in 1589, in six folio volumes.
For his magnum opus, Accursius was extolled by the lawyers of his own and the immediately succeeding age as the greatest glossator, and he was even called the idol of jurisconsults, but those of later times formed a lower estimate of his merits. Eventually, 16th century humanist
s, including Rabelais
in his Gargantua and Pantagruel, polemically criticised Accursius' Gloss.
Apart from his work as a glossator, Accursius was also engaged very profitably as a legal consultant. Three of his four sons were also jurists: Cervottus, Guilelmus and the noted Franciscus.
He died in Bologna
.
Attribution
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
. He is notable for his organization of the gloss
Gloss
A gloss is a brief notation of the meaning of a word or wording in a text. It may be in the language of the text, or in the reader's language if that is different....
es, the medieval comments on Justinian
Justinian I
Justinian I ; , ; 483– 13 or 14 November 565), commonly known as Justinian the Great, was Byzantine Emperor from 527 to 565. During his reign, Justinian sought to revive the Empire's greatness and reconquer the lost western half of the classical Roman Empire.One of the most important figures of...
's codification of Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
, the Corpus Juris Civilis
Corpus Juris Civilis
The Corpus Juris Civilis is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Eastern Roman Emperor...
. He was not proficient in the classics, but he was called "the Idol of the Jurisconsults".
Accursius was born at Impruneta
Impruneta
Impruneta is a town and comune of the province of Florence in the Italian region of Tuscany. The population is about 15,000.-Name and production:...
, near Florence
Florence
Florence is the capital city of the Italian region of Tuscany and of the province of Florence. It is the most populous city in Tuscany, with approximately 370,000 inhabitants, expanding to over 1.5 million in the metropolitan area....
. A pupil of Azo, he first practised law in his native city, and was afterwards appointed professor at Bologna
Bologna
Bologna is the capital city of Emilia-Romagna, in the Po Valley of Northern Italy. The city lies between the Po River and the Apennine Mountains, more specifically, between the Reno River and the Savena River. Bologna is a lively and cosmopolitan Italian college city, with spectacular history,...
, where he had great success as a teacher. He undertook to arrange into one body the tens of thousands of comments and remarks upon the Code, the Institutes and Digests
Pandects
The Digest, also known as the Pandects , is a name given to a compendium or digest of Roman law compiled by order of the emperor Justinian I in the 6th century .The Digest was one part of the Corpus Juris Civilis, the body of civil law issued under Justinian I...
. Accursius assembled from the various earlier glosses for each of these texts a coherent and consistent body of glosses. This compilation, soon given the title Glossa ordinaria
Glossa Ordinaria
The Glossa ordinaria , Lat., "the ordinary gloss/interpretation/explanation", was an assembly of glosses, from the Church Fathers and thereafter, printed in the margins of the Vulgate Bible; these were widely used in the education system of Christendom in Cathedral schools from the Carolingian...
or magistralis, and usually known as the Great Gloss, was essentially complete at about 1230. While Accursius was employed in this work, legend has it that, hearing of a similar one proposed and begun by Odofred, another lawyer of Bologna, he feigned indisposition, interrupted his public lectures, and shut himself up, till with the utmost expedition he had accomplished his design.
After the middle of the 13th century, the Gloss had grown to be the starting point for every exegesis of the Corpus Iuris, and was even given force of law in some jurisdictions. The authority of the Gloss is probably due to Accursius' very exhaustive coverage of the civil law, in the course of which he not only pointed out its problems but unlike his predecessors also offered solutions for them. Indeed, modern research has shown that Accursius' work contains nearly 100,000 glosses. The best edition is that of Denis Godefroi, published at Lyon
Lyon
Lyon , is a city in east-central France in the Rhône-Alpes region, situated between Paris and Marseille. Lyon is located at from Paris, from Marseille, from Geneva, from Turin, and from Barcelona. The residents of the city are called Lyonnais....
in 1589, in six folio volumes.
Humanism
Humanism is an approach in study, philosophy, world view or practice that focuses on human values and concerns. In philosophy and social science, humanism is a perspective which affirms some notion of human nature, and is contrasted with anti-humanism....
s, including Rabelais
François Rabelais
François Rabelais was a major French Renaissance writer, doctor, Renaissance humanist, monk and Greek scholar. He has historically been regarded as a writer of fantasy, satire, the grotesque, bawdy jokes and songs...
in his Gargantua and Pantagruel, polemically criticised Accursius' Gloss.
Apart from his work as a glossator, Accursius was also engaged very profitably as a legal consultant. Three of his four sons were also jurists: Cervottus, Guilelmus and the noted Franciscus.
He died in Bologna
Bologna
Bologna is the capital city of Emilia-Romagna, in the Po Valley of Northern Italy. The city lies between the Po River and the Apennine Mountains, more specifically, between the Reno River and the Savena River. Bologna is a lively and cosmopolitan Italian college city, with spectacular history,...
.
See also
- Cuius est solum eius est usque ad coelum et ad inferosCuius est solum eius est usque ad coelum et ad inferosCuius est solum, eius est usque ad coelum et ad inferos often appearing in the shorter form Cuius est solum eius est usque ad coelum, omitting et ad inferos "and to hell", is a principle of property law, stating that property holders have rights not only to the plot...
– credited to Accursius - Henry de BractonHenry de BractonHenry of Bracton, also Henry de Bracton, also Henrici Bracton, or Henry Bratton also Henry Bretton was an English jurist....
External links
- Text of the Glossa ordinaria of Accursius is available online in an edition Lyon (Prost, Iullieron) 1627.
Attribution