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
interpreting as applicable to the Christian clergy the texts in the Old
Testament bearing on the Levites; Gallican councils had repeatedly
proclaimed it as an obligation, though, it appears, with little success.
But from the reign of Pippin the Short onwards the civil law recognized
and sanctioned this obligation, and the capitularies of Charlemagne and
Louis the Debonnaire contain numerous provisions dealing with it.
Ecclesiastical jurisdiction extended farther and farther, but
Charlemagne, the protector of the papacy, maintained firmly his
authority over the Church. He nominated its dignitaries, both bishops
and abbots, who were true ecclesiastical officials, parallel with the
lay officials. In each _pagus_, bishop and count owed each other mutual
support, and the missi on the same circuit were ordinarily a count and a
bishop. In the first collection of capitularies, that of Ansegisus, two
books out of four are devoted to ecclesiastical capitularies.
The law under the Frank monarchy.
What, then, was the private and criminal law of this Frankish monarchy
which had come to embrace so many different races? The men of Roman
descent continued under the Roman law, and the conquerors could not hope
to impose their customs upon them. The authorized expression of the
Roman law was henceforth to be found in the _Lex romana Wisigothorum_ or
_Breviarium Alarici_, drawn up by order of Alaric II. in 506. It is an
abridgment of the codes, of that of Theodosius especially, and of
certain of the writings of the jurists included under the Law of
Citations. As to the barbarians, they had hitherto had nothing but
customs, and these customs, of which the type nearest to the original is
to be found in the oldest text of the _Lex Salica_, were nothing more
than a series of tariffs of compensations, that is to say, sums of money
due to the injured party or his family in case of crimes committed
against individuals, for which crimes these compensations were the only
penalty. They also introduced a barbarous system of trial, that by
compurgation, i.e. exculpation by the oath of the defendant supported by
a certain number of _cojurantes_, and that by ordeal, later called
_judicium Dei_. In each new kingdom the barbarians naturally kept their
own laws, and when these men of different races all became subject to
the Frankish monarchy, there evolved itself a system (called the
_personnalite des lois_) by which every subject had, in principle, the
right to be tried by the law of the race to which he belonged by birth
(or sometimes for some other reason, such as emancipation or marriage).
When the two adversaries were of different race, it was the law of the
defendant which had to be applied. The customs of the barbarians had
been drawn up in Latin. Sometimes, as in the case of the first text of
the Salic law, the system on which they were compiled is not exactly
known; but it was generally done under the royal authority. At this
Public-domain text, read in full here on John Shaqi.
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