General History for Colleges and High SchoolsMyers, P. V. N. (Philip Van Ness)
History
General History for Colleges and High Schools
Myers, P. V. N. (Philip Van Ness)
World history
THE FORMATION OF THE ROMANCE LANGUAGES.--During the five centuries of
their subjection to Rome, the natives of Spain and Gaul forgot their
barbarous dialects and came to speak a corrupt Latin. Now in exactly the
same way that the dialects of the Celtic tribes of Gaul and of the
Celtiberians of Spain had given way to the more refined speech of the
Romans, did the rude languages of the Teutons yield to the more cultured
speech of the Roman provincials. In the course of two or three centuries
after their entrance into the empire, Goths, Lombards, Burgundians, and
Franks had, in a large measure, dropped their own tongue, and were
speaking that of the people they had subjected. But of course this
provincial Latin underwent a great change upon the lips of the mixed
descendants of the Romans and Teutons. Owing to the absence of a common
popular literature, the changes that took place in one country did not
exactly correspond to those going on in another. Hence, in the course of
time, we find different dialects springing up, and by about the ninth
century the Latin has virtually disappeared as a spoken language, and its
place been usurped by what will be known as the Italian, Spanish, and
French languages, all more or less resembling the ancient Latin, and all
called Romance tongues, because children of the old Roman speech.
PERSONAL CHARACTER OF THE TEUTONIC LEGISLATION.--The legislation of the
barbarians was generally personal instead of territorial, as with us; that
is, instead of all the inhabitants of a given country being subject to the
same laws, there were different ones for the different classes of society.
The Latins, for instance, were subject in private law only to the old
Roman code, while the Teutons lived under the rules and regulations which
they had brought with them from beyond the Rhine.
Even among themselves the Teutons knew nothing of the modern legal maxim
that all should stand equal before the law. The penalty inflicted upon the
evil-doer depended, not upon the nature of his crime, but upon his rank,
or that of the party injured. Thus slaves and serfs could be beaten and
put to death for minor offences, while a freeman might atone for any
crime, even for murder, by the payment of a fine, the amount of the
penalty being determined by the rank of the victim. Among the Saxons the
life of a king's thane was worth 1200 shillings, while that of a common
free man was valued only one-sixth as high.
ORDEALS.--The modes by which guilt or innocence was ascertained show in
how rude a state was the administration of justice among the barbarians.
One very common method of proof was by what were called ordeals, in which
the question was submitted to the judgment of God. Of these the chief were
the _ordeal by fire_, the _ordeal by water_, and the _ordeal by battle_.
Public-domain text, read in full here on John Shaqi.
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