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VACARIUS (1120-1200?)

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Originally appearing in Volume V27, Page 831 of the 1911 Encyclopedia Britannica.
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VACARIUS (1120-1200?) , See also:Italian civilian and canonist, the first known teacher of See also:Roman See also:law in See also:England, was doubtless of the school of See also:Bologna, though of a later See also:generation than the hearers of See also:Irnerius. He was brought to See also:Canterbury, possibly by See also:Becket, together with a See also:supply of books upon the See also:civil law, to See also:act as counsel (causidicus) to See also:Archbishop See also:Theobald in his struggle, which ended successfully in 1146, to obtain the See also:transfer of the legateship from the See also:bishop of See also:Winchester to himself. We next heal of Vacarius as lecturing at See also:Oxford, in 1149, to " crowds of See also:rich and poor," and as preparing, for the use of the latter, a compendium, in nine books, of the See also:Digest and See also:Code of Justinian, " sufficient," it was said, " if thoroughly mastered, to solve all legal questions commonly debated in the See also:schools." It became a leading See also:text-See also:book in the nascent university, and its popular description as the See also:Liber pauperum gave rise to the See also:nickname pauperistae applied to Oxford students of law. Nearly See also:complete See also:MSS. of this See also:work are still in existence, notably in the See also:cathedral See also:libraries at See also:Worcester and See also:Prague and in the See also:town library at See also:Bruges. Fragments of it are also pre-served in the Bodleian and in several See also:college libraries at Oxford. The new learning was not destined to make its way without opposition. See also:King See also:Stephen silenced Vacarius, and ordered the destruction of the books of civil and See also:canon law which had been imported by Theobald. The See also:edict to this effect seems, however, not to have been in force after the See also:death of its royal author in 11 54 (" eo magis virtue legis invaluit quo See also:earn amplius nitebatur impietas infirmare," Joh. Sarisburiensis). There is ample See also:evidence that the civil law was soon once more a favourite study at Oxford, where we learn that, in 1190, two students from See also:Friesland were wont to See also:divide between them the See also:hours of the See also:night for the purpose of making a copy of the Liber pauperum. Whether or no Vacarius ever resumed his Oxford lectures after their interruption by Stephen we are not informed. In any See also:case he was soon called off to See also:practical work, as legal adviser and ecclesiastical See also:judge in the See also:northern See also:province, by his old friend and colleague at Canterbury, See also:Roger de See also:Pont 1'Eveque, after the promotion of the latter, in the See also:year of Stephen's death, to the archbishopric of See also:York.

Thenceforth the name of " magister Vacarius " is of very frequent occurrence, in papal letters and the See also:

chronicles of the See also:period, as acting in these capacities. He was rewarded with a prebend in the collegiate See also:church of See also:secular canons at See also:Southwell, See also:half of which he was allowed in 1191 to cede to his " See also:nephew " Reginald. He is last heard of in 1198, as commissioned, together with the See also:prior of Thurgarton, by See also:Pope See also:Innocent III. to carry into See also:execution, in the See also:north of England, a See also:letter with reference to the crusade. It is doubtless to the second half of the See also:life of Vacarius that the See also:composition must be attributed of two See also:works the MS. of which, formerly the See also:property of the Cistercian See also:Abbey of Biddleston, is now in the See also:Cambridge University library. One of these, Summa de assumpto homine, is of a theological See also:character, dealing with the humanity of See also:Christ; the other, Summa de matrimonio, is a legal See also:argument, to the effect that the essential fact in See also:marriage is neither, as See also:Gratian maintains, the copula, nor, as See also:Peter Lombard, consent by verba de praesenti, but mutual traditio. See also:Historical Society's Collectanea (1890). Wenck, in his Magister Vacarius (1820), prints the See also:prologue, and a table of contents, of the Liber pauperum, from a MS. how lost. He returns to the subject in Stieber's Opuscula academics (1834). F. See also:Maitland in the Law Quarterly See also:Review, xiii. pp. 133, 270 (1897), gives a full See also:account of the Cambridge MSS., See also:printing in extenso the Summa de matrimonio See also Muhlenbruch, Obs. See also:Juris Rom. i.

36; Hanel, in the Leips. Lit. Zeitung (1828), No. 42, " Intelligenzblatt," p. 334; See also:

Savigny, Geschichte, Iv. 423; Stolzel, Lehre von der operas See also:noel denunt. (1865), pp. 592-620, and in the Zeitschrift See also:fair Rechtsgeschichte, vi. p. 234; See also:Catalogue See also:general See also:des MSS. des bibliotheques publiques de See also:France: Departements, t. x. Lieberman, in the See also:English Historical Review, xi. (1906), pp. 305, 514, identified Vacarius with one " Vac." of See also:Mantua, the author of Contraria legum Longobardoruwt, but withdrew this antecedently improbable See also:suggestion (ib. vol. xiii.) after T.

Patella had shown, in the Atti della R. Academia di Torino, xxxii., that " Vac. Mantuanus," the author of the Contraria, must have been " Vacella," who, in 1189, was a judge at Mantua. (T. E.

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