Cujas
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Jacques Cujas (or Cujacius) (
Toulouse Toulouse ( , ; oc, Tolosa ) is the prefecture of the French department of Haute-Garonne and of the larger region of Occitania. The city is on the banks of the River Garonne, from the Mediterranean Sea, from the Atlantic Ocean and from Par ...
, 1522 –
Bourges Bourges () is a commune in central France on the river Yèvre. It is the capital of the department of Cher, and also was the capital city of the former province of Berry. History The name of the commune derives either from the Bituriges, t ...
, 4 October 1590) was a French legal expert. He was prominent among the legal humanists or ''mos gallicus'' school, which sought to abandon the work of the medieval
Commentators Commentator or commentators may refer to: * Commentator (historical) or Postglossator, a member of a European legal school that arose in France in the fourteenth century * Commentator (horse) (foaled 2001), American Thoroughbred racehorse * The Co ...
and concentrate on ascertaining the correct text and social context of the original works of
Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
.


Biography

He was born at
Toulouse Toulouse ( , ; oc, Tolosa ) is the prefecture of the French department of Haute-Garonne and of the larger region of Occitania. The city is on the banks of the River Garonne, from the Mediterranean Sea, from the Atlantic Ocean and from Par ...
, where his father, surnamed Cujaus, was a fuller. Having taught himself
Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
and Greek, he studied law under
Arnaud du Ferrièr Arnaud Du Ferrier (c. 15081585) was a French lawyer and diplomat. He was born at Toulouse and practised as a lawyer first at Bourges, afterwards at Toulouse. Councillor to the parlement of the latter town, and then to that of Rennes, he later b ...
, then professor at Toulouse, and rapidly gained a great reputation as a lecturer on
Justinian Justinian I (; la, Iustinianus, ; grc-gre, Ἰουστινιανός ; 48214 November 565), also known as Justinian the Great, was the Byzantine emperor from 527 to 565. His reign is marked by the ambitious but only partly realized ''renovat ...
. In 1554 he was appointed professor of law at Cahors, and about a year after
Michel de l'Hôpital Michel de l'Hôpital (or l'Hospital) (1507 – 13 March 1573) was a French statesman. Biography De l'Hôpital was born near Aigueperse in Auvergne (now Puy-de-Dôme). His father, who was physician to the Constable de Bourbon, sent him to stud ...
called him to
Bourges Bourges () is a commune in central France on the river Yèvre. It is the capital of the department of Cher, and also was the capital city of the former province of Berry. History The name of the commune derives either from the Bituriges, t ...
. François Douaren (Franciscus Duarenus), who also held a professorship at Bourges, stirred up the students against the new professor, and Cujas was glad to accept an invitation he had received to the
University of Valence The University of Valence was founded 26 July 1452, by letters patent from the Dauphin Louis, afterwards Louis XI of France, in a move to develop the city of Valence, then part of his domain of Dauphiné. It existed until the French Revolution. ...
. Recalled to Bourges at the death of Duaren in 1559, he remained there till 1567, when he returned to Valence. There he gained a European reputation, and collected students from all parts of the continent, among whom were
Joseph Scaliger Joseph Justus Scaliger (; 5 August 1540 – 21 January 1609) was a French Calvinist religious leader and scholar, known for expanding the notion of classical history from Greek and Ancient Roman history to include Persian, Babylonian, Jewis ...
and
Jacques Auguste de Thou Jacques Auguste de Thou (Thuanus) (8 October 1553, Paris – 7 May 1617, Paris) was a French historian, book collector and president of the Parliament of Paris. Life Jacques Auguste de Thou was the grandson of , president of the Parliament ...
. In 1573 King Charles IX of France appointed Cujas counsellor to the
parlement A ''parlement'' (), under the French Ancien Régime, was a provincial appellate court of the Kingdom of France. In 1789, France had 13 parlements, the oldest and most important of which was the Parlement of Paris. While both the modern Fre ...
of Grenoble, and in the following year a pension was bestowed on him by Henry III. Margaret of Savoy persuaded him to move to
Turin Turin ( , Piedmontese language, Piedmontese: ; it, Torino ) is a city and an important business and cultural centre in Northern Italy. It is the capital city of Piedmont and of the Metropolitan City of Turin, and was the first Italian capital ...
; but after a few months (1575) he returned to his old place at Bourges. The religious wars drove him out. He was called by the king to
Paris Paris () is the capital and most populous city of France, with an estimated population of 2,165,423 residents in 2019 in an area of more than 105 km² (41 sq mi), making it the 30th most densely populated city in the world in 2020. S ...
, and permission was granted him by the parlement to lecture on civil law in the university there. A year later, he finally took up residence at Bourges, where he remained till his death in 1590, in spite of a handsome offer made him by pope Gregory XIII in 1584 to attract him to
Bologna Bologna (, , ; egl, label= Emilian, Bulåggna ; lat, Bononia) is the capital and largest city of the Emilia-Romagna region in Northern Italy. It is the seventh most populous city in Italy with about 400,000 inhabitants and 150 different nat ...
.


Works

The life of Cujas was altogether that of a scholar and teacher. In the religious wars which filled all the thoughts of his contemporaries he steadfastly refused to take any part. ''Nihil hoc ad edictum praetoris'', "this has nothing to do with the edict of the praetor," was his usual answer to those who spoke to him on the subject. His surpassing merit as a jurisconsult consisted in the fact that he turned from the ignorant commentators on
Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
to the Roman law itself. He consulted a very large number of manuscripts, of which he had collected more than 500 in his own library; but, unfortunately, he left orders in his will that his library should be divided among a number of purchasers, and his collection was thus scattered, and in great part lost. His emendations, of which a large number were published under the title of ''Observationes et emendationes'', were not confined to lawbooks, but extended to many of the Latin and Greek classical authors. In jurisprudence his study was far from being devoted solely to Justinian; he recovered and gave to the world a part of the Theodosian Code, with explanations and he procured the manuscript of the ''
Basilika The ''Basilika'' was a collection of laws completed c. 892 AD in Constantinople by order of the Eastern Roman emperor Leo VI the Wise during the Macedonian dynasty. This was a continuation of the efforts of his father, Basil I, to simplify and ...
''. He also composed a commentary on the ''Consuetudines Feudorum'', and on some books of the ''Decretals''. In the ''Paratitla'', or summaries which he made of the ''Digest'', and particularly of the
Code of Justinian The Code of Justinian ( la, Codex Justinianus, or ) is one part of the ''Corpus Juris Civilis'', the codification of Roman law ordered early in the 6th century AD by Justinian I, who was Eastern Roman emperor in Constantinople. Two other units, t ...
, he condensed into short axioms the elementary principles of law, and gave definitions remarkable for their admirable clarity and precision.
Charles Annibal Fabrot Charles Annibal Fabrot (15 September 1580 – 16 January 1659) was a French jurisconsult. Biography He was born in Aix-en-Provence. At an early age he made great progress in the ancient languages and in the civil and the Canon law, and in 1602 h ...
, however, collected the complete works of Cujas in the edition which he published at Paris (1658), Naples and Venice.


Personality

His lessons, which he never dictated, were continuous discourses, for which he made no other preparation than that of profound meditation on the subjects to be discussed. He was impatient of interruptions and upon the least noise he would instantly quit the chair and retire. He was strongly attached to his pupils, and Joseph Justus Scaliger affirms that he lost more than 4000 livres by lending money to the more needy of them.


See also

* Cujas Library


References

*
Papire-Masson Jean Papire Masson la, Papirius (1544 in Saint-Germain-Laval, Loire – 1611) was a French humanist historian, known also as a geographer, biographer, literary critic and jurist. Life Masson was initially a Jesuit, but left the Society. He st ...
, ''Vie de Cujas'' (Paris, 1590). * Gabor Hamza, "Le développement du droit privé eurpéen" (Budapest, 2005). * Gabor Hamza, "Entstehung und Entwicklung der modernen Privatrechtsordnungen und die römischrechtliche Tradition" (Budapest, 2009) * Gabor Hamza, "Origine e sviluppo degli ordinamenti giusprivatistici moderni in base alla tradizione del diritto moderno" (Santiago de Compostela, 2013) *


External links

* {{DEFAULTSORT:Cujas, Jacques 1520 births 1590 deaths 16th-century French lawyers French Renaissance humanists French male non-fiction writers