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
The period of the true feudal monarchy is embraced by the 12th and 13th
centuries, that is to say, it was at this time that the crown again
assumed real strength and authority; but so far it had no organs and
instruments save those which were furnished by feudalism, now organized
under a regular hierarchy, of which the king was the head, the
"sovereign enfeoffer of the kingdom" (_souverain fieffeux du royaume_),
as he came later on to be called. This new position of affairs was the
result of three great factors: the revival of Roman Law, the final
organization of feudalism and the rise of the privileged towns. The
revival of Roman law began in France and Italy in the second half of the
11th century, developing with extraordinary brilliance in the latter
country at the university of Bologna, which was destined for a long time
to dominate Europe. Roman law spread rapidly in the French schools and
universities, except that of Paris, which was closed to it by the
papacy; and the influence of this study was so great that it transformed
society. On the one hand it contributed largely to the reconstitution of
the royal power, modelling the rights of the king on those of the Roman
emperor. On the other hand it wrought a no less profound change in
private law. From this time dates the division of old France into the
_Pays de droit ecrit_, in which Roman law, under the form in which it
was codified by Justinian, was received as the ordinary law; and the
_Pays de coutume_, where it played only a secondary part, being
generally valid only as _ratio scripta_ and not as _lex scripta_. In
this period the customs also took definitive form, and over and above
the local customs properly so called there were formed customs known as
_general_, which held good through a whole province or _bailliage_, and
were based on the jurisprudence of the higher jurisdictions.
Final organization of feudalism.
Feudal character of justice.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account