Legal Dissertation on the Abstinence of Natural Law from the Fallacious Rules of the Putative Summary Process

...as if from a perpetual chariot of truth original: "perpetua veritatis Carotio" — Note: 'Carotio' likely refers to the 'Carroccio' or war-chariot used by medieval Italian communes, symbolizing here the central vehicle of truth. it must not be receded from. 2. That just as he who does not know how to ride holds himself to the saddle, so he who ought to judge should hold himself to the Gloss. 3. That he who adheres to the Gloss can never err. 4. That it is foolish to consult against the Gloss, and those Doctors who wish to infringe upon the Gloss are said to be dreaming. Hence 5. Cynus exclaimed to a certain Advocate: Hear thy idol, the Gloss; and 6. All Doctors magnify the Gloss. All these things, with infinitely more, were collected by Cardinal Tuschus in his "Practicable Conclusions," Vol. 4, folio 169, letter G.

§. 6. Hence also, the supreme erudition of that same Tuschus, and of almost all who followed the Glossators, as visual inspection teaches, consisted in this alone: that they collected common opinions and conclusions in almost the same terms and usually in the same words, so that they would not recede from authority. Only Bartolus was so ambitious that he wanted to reign alone in Italy; nevertheless, his artifice was nothing other than that he kept silent the names of the ancients and took their sayings for himself, not that he introduced new things. That his temperament was of ambition alone, and that, too, notable and terrible, appears not only from his sayings but also because it is commonly asserted of him that when in his youth he had already been an Assessor of criminal cases, he abandoned the office because he had seen others who were more learned, and betook himself again to learning theory, specifically so that he might flourish through erudition. Afterwards, because he studied the opinions of laymen, he was greatly honored by that very fact, for legal matters were also clerical; for no one taught except the Clergy. Finally, that he ate to excess so that he might have a similarly disposed intellect—that connection of morals with natural things he certainly had not learned from the School and clerical philosophy. See Fichard in his "Lives of the Jurisconsults," exhibited in the Tractatus Tractatuum, Vol. 1. On the contrary, Baldus was more voluptuous; for his tongue was so voluble that he would dispute with Bartolus from the 18th to the 21st hour concerning a single question, and overcome him by disputing. From this, one can also gather his mind from his opinion that in law "ade" 3, Code "locat," he established that students could not be expelled for keeping prostitutes before the finished time of the location.