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
did not yet encroach upon the civil power. She had the right of
acquiring property, of holding councils, subject to the imperial
authority, and of the free election of bishops. But only the first germs
of ecclesiastical jurisdiction are to be traced. In virtue of the laws,
the bishops were privileged arbitrators, and in the matter of public
sins exercised a disciplinary jurisdiction over the clergy and the
faithful. In the second half of the 4th century, monasteries appeared in
Gaul. After the fall of the Western empire, there was left to the
Gallo-Romans as an expression of its law, which was also theirs, a
written legislation. It consisted of the imperial constitutions,
contained in the Gregorian, Hermogenian and Theodosian codes (the two
former being private compilations, and the third an official
collection), and the writings of the five jurists (Gaius, Papinian,
Paulus, Ulpian and Modestinus), to which Valentinian III. had in 426
given the force of law.
_The Barbarian Invasion._--The invasions and settlements of the
barbarians open a new period. Though there were robbery and violence in
every case, the various barbarian kingdoms set up in Gaul were
established under different conditions. In those of the Burgundians and
Visigoths, the owners of the great estates, which had been the
prevailing form of landed property in Roman Gaul, suffered partial
dispossession, according to a system the rules regulating which can, in
the case of the Burgundians, be traced almost exactly. It is doubtful
whether a similar process took place in the case of the Frankish
settlements, but their first conquests in the north and east seem to
have led to the extermination or total expulsion of the Gallo-Roman
population. It is impossible to say to what extent, in these various
settlements, the system of collective property prevailing among the
Germanic tribes was adopted. Another important difference was that, in
embracing Christianity, some of the barbarians became Arians, as in the
case of the Visigoths and Burgundians; others Catholic, as in the case
of the Franks. This was probably the main cause of the absorption of the
other kingdoms into the Frankish monarchy. In each case, however, the
barbarian king appeared as wishing not to overthrow the Roman
administration, but to profit by its continuation. The kings of the
Visigoths and Burgundians were at first actually representatives of the
Western empire, and Clovis himself was ready to accept from the emperor
Anastasius the title of consul; but these were but empty forms, similar
to the fictitious ties which long existed or still exist between China
or Turkey and certain parts of their former empires, now separated from
them for ever.
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