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
period only these written documents bear the name of "law" (_leges
romanorum_; _leges barbarorum_), and at least the tacit consent of the
people seems to have been required for these collections of laws, in
accordance with an axiom laid down in a later capitulary; _lex fit
consensu populi et constitutione regis_. It is noteworthy, too, that in
the process of being drawn up in Latin, most of the _leges barbarorum_
were very much Romanized.
In the midst of this diversity, a certain number of causes tended to
produce a partial unity. The capitularies, which had in themselves the
force of law, when there was no question of modifying the _leges_,
constituted a legislation which was the same for all; often they
inflicted corporal punishment for grave offences, which applied to all
subjects without distinction. Usage and individual convenience led to
the same result. The Gallo-Romans, and even the Church itself, to a
certain extent, adopted the methods of trial introduced by the Germans,
as was likely in a country relapsing into barbarism. On the other hand,
written acts became prevalent among the barbarians, and at the same time
they assimilated a certain amount of Roman law; for these acts continued
to be drawn up in Latin, after Roman models, which were in most cases
simply misinterpreted owing to the general ignorance. The type is
preserved for us in those collections of _Formulae_, of which complete
and scientific editions have been published by Eugene de Roziere and
Carl Zeumer. During this period, too, the Gallican Church adopted the
collection of councils and decretals, called later the _Codex canonum
ecclesiae Gallicanae_, which she continued to preserve. This collection
was that of Dionysius Exiguus, which was sent to Charlemagne in 774 by
Pope Adrian I. But in the course of the 9th century apocryphal
collections were also formed in the Gallican Church: the False
Capitularies of Benedictus Levita, and the False Decretals of Isidorus
Mercator (see DECRETALS).
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