Encyclopaedia Britannica, 11th Edition, "France" to "Francis Joseph I.": Volume 10, Slice 8Various
History
Encyclopaedia Britannica, 11th Edition, "France" to "Francis Joseph I.": Volume 10, Slice 8
Various
Encyclopedias and dictionaries
_Celtic Period._--The remotest times to which history gives us access
with reference to the law and institutions formerly existing in the
country which is now called France are those in which the dominant race
at least was Celtic. On the whole, our knowledge is small of the law and
institutions of these Celts, or Gauls, whose tribes constituted
independent Gaul. For their reconstruction, modern scholars draw upon
two sources; firstly, there is the information furnished by the
classical writers and by Caesar and Strabo in particular, which is
trustworthy but somewhat scanty; the other source, which is not so pure,
consists in the accounts found in those legal works of the middle ages
written in the neo-Celtic dialects, the most important and the greater
number of which belong to Ireland. A reconstruction from them is always
hazardous, however delicate and scientific be the criticism which is
brought to bear on it, as in the case of d'Arbois de Jubainville, for
example. Moreover, in the historical evolution of French institutions
those of the Celts or Gauls are of little importance. Not one of them
can be shown to have survived in later law. What has survived of the
Celtic race is the blood and temperament, still found in a great many
Frenchmen, certain traits which the ancients remarked in the Gauls being
still recognizable: _bellum gerere et argute loqui_.
_Roman Period._--It was the Roman conquest and rule which really formed
Gaul, for she was Romanized to the point of losing almost completely
that which persists most stubbornly in a conquered nation, namely, the
language; the Breton-speaking population came to France later, from
Britain. The institutions of Roman Gaul became identical with those of
the Roman empire, provincial and municipal government undergoing the
same evolution as in the other parts of the empire. It was under Roman
supremacy too, as M. d'Arbois de Jubainville has shown, that the
ownership of land became personal and free in Gaul. The law for the
Gallo-Romans was that which was administered by the _conventus_ of the
magistrate; there are only a few peculiarities, mere Gallicisms,
resulting from conventions or usage, which are pointed out by Roman
jurisconsults of the classical age. The administrative reforms of
Diocletian and Constantine applied to Gaul as to the rest of the empire.
Gaul under this rule consisted of seventeen provinces, divided between
two dioceses, ten in the diocese of the Gauls, under the authority of
the praetorian prefect, who resided at Treves; and the other seven in
the _dioecesis septem provinciarum_, under the authority of a
_vicarius_. The Gallo-Romans became Christian with the other subjects of
the empire; the Church extended thither her powerful organization
modelled on the administrative organization, each _civitas_ having a
bishop, just as it had a _curia_ and municipal magistrates. But,
although endowed with privileges by the Christian emperors, the Church
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