Jacques Cujas
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Jacques Cujas (or Cujacius) (
Toulouse Toulouse (, ; ; ) is a city in southern France, the Prefectures in France, prefecture of the Haute-Garonne department and of the Occitania (administrative region), Occitania region. The city is on the banks of the Garonne, River Garonne, from ...
, 1522 –
Bourges Bourges ( ; ; ''Borges'' in Berrichon) is a commune in central France on the river Yèvre (Cher), Yèvre. It is the capital of the Departments of France, department of Cher (department), Cher, and also was the capital city of the former provin ...
, 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 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 (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also den ...
.


Biography

He was born at
Toulouse Toulouse (, ; ; ) is a city in southern France, the Prefectures in France, prefecture of the Haute-Garonne department and of the Occitania (administrative region), Occitania region. The city is on the banks of the Garonne, River Garonne, from ...
, where his father, surnamed Cujaus, was a fuller. Having taught himself
Latin Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
and
Greek Greek may refer to: Anything of, from, or related to Greece, a country in Southern Europe: *Greeks, an ethnic group *Greek language, a branch of the Indo-European language family **Proto-Greek language, the assumed last common ancestor of all kno ...
, he studied law under Arnaud du Ferrièr, then professor at Toulouse, and rapidly gained a great reputation as a lecturer on
Justinian Justinian I (, ; 48214 November 565), also known as Justinian the Great, was Roman emperor from 527 to 565. His reign was marked by the ambitious but only partly realized ''renovatio imperii'', or "restoration of the Empire". This ambition was ...
. In 1554 he was appointed professor of law at
Cahors Cahors (; ) is a Communes of France, commune in the western part of Southern France. It is the smallest prefecture among the 13 departments that constitute the Occitania (administrative region), Occitanie Region. The capital and main city of t ...
, and about a year after Michel de l'Hôpital called him to
Bourges Bourges ( ; ; ''Borges'' in Berrichon) is a commune in central France on the river Yèvre (Cher), Yèvre. It is the capital of the Departments of France, department of Cher (department), Cher, and also was the capital city of the former provin ...
. 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. Recalled to Bourges at the death of Duaren in 1559, he remained there until 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 Franco-Italian Calvinist religious leader and scholar, known for expanding the notion of classical history from Greek and Ancient Roman history to include Persian, Babylonian, Je ...
and Jacques Auguste de Thou. In 1573 King
Charles IX of France Charles IX (Charles Maximilien; 27 June 1550 – 30 May 1574) was List of French monarchs, King of France from 1560 until his death in 1574. He ascended the French throne upon the death of his brother Francis II of France, Francis II in 1560, an ...
appointed Cujas counsellor to the
parlement Under the French Ancien Régime, a ''parlement'' () was a provincial appellate court of the Kingdom of France. In 1789, France had 13 ''parlements'', the original and most important of which was the ''Parlement'' of Paris. Though both th ...
of
Grenoble Grenoble ( ; ; or ; or ) is the Prefectures in France, prefecture and List of communes in France with over 20,000 inhabitants, largest city of the Isère Departments of France, department in the Auvergne-Rhône-Alpes Regions of France, region ...
, and in the following year a pension was bestowed on him by Henry III. Margaret of Savoy persuaded him to move to
Turin Turin ( , ; ; , then ) 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 from 1861 to 1865. The city is main ...
; 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 city, capital and List of communes in France with over 20,000 inhabitants, largest city of France. With an estimated population of 2,048,472 residents in January 2025 in an area of more than , Paris is the List of ci ...
, 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 until his death in 1590, in spite of a handsome offer made him by
pope Gregory XIII Pope Gregory XIII (, , born Ugo Boncompagni; 7 January 1502 – 10 April 1585) was head of the Catholic Church and ruler of the Papal States from 13 May 1572 to his death in April 1585. He is best known for commissioning and being the namesake ...
in 1584 to attract him to
Bologna Bologna ( , , ; ; ) is the capital and largest city of the Emilia-Romagna region in northern Italy. It is the List of cities in Italy, seventh most populous city in Italy, with about 400,000 inhabitants and 150 different nationalities. Its M ...
.


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 claim as a jurisconsult consisted in the fact that he turned from whom he considered 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 (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also den ...
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 he left orders in his will that his library should be divided among a number of purchasers, and so his collection was 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 part of the Theodosian Code, with explanations and he procured the manuscript of the ''
Basilika The ''Basilika'' (, "the imperial aws) was a collection of laws completed in Constantinople by order of the Byzantine emperor Leo VI the Wise during the Macedonian dynasty. This was a continuation of the efforts of his father, Basil I, to sim ...
''. 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 (, 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, the Digest and the I ...
, he condensed into short axioms the elementary principles of law, and gave definitions remarkable for their clarity and precision. In his lifetime Cujas published an edition of his works (Neville, 1577). It is incomplete. The edition of Colombet (1634) is also incomplete.
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 ...
, 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


Notes

*


References

* Papire-Masson, ''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 1522 births 1590 deaths 16th-century French lawyers French Renaissance humanists French male non-fiction writers People from Languedoc