History of the Origin of Representative Government in EuropeGuizot, François
History
History of the Origin of Representative Government in Europe
Guizot, François
Europe -- History; Representative government and representation
M. de Savigny, when investigating the traces of the perpetuation
of the Roman law after the fall of the Empire, expresses himself
in these terms, in reference to the Visigoths: "Upon the
constitution of this monarchy," he says, "we possess sufficiently
complete information in the _Breviarium Aniani_, who, about
the year 506, that is, nearly a century after the foundation of
the State, drew up the Roman law into a sort of code for the
ancient inhabitants of the country. This code consists, as is
well known, of two parts: one contains texts quoted word for word
from the Roman law; the other an interpretation specially
prepared on this occasion. With regard to the texts quoted from
the Roman law, we cannot attach great importance to them, when we
speak of the real state of things at the period of this
publication; as they were drawn from sources much more ancient,
expressions and even entire phrases were necessarily retained
which had reference to various circumstances of a social state
that had already passed away and fallen into desuetude; the
interpretation was intended to explain this disagreement.
{242}
But this interpretation, drawn up _ad hoc_, is, on the other
hand, very trustworthy, especially when it does not implicitly
follow either the words or the sense of the text, for then we can
no longer regard it as a servile and thoughtless copy, especially
in what relates to matters of public law. It is impossible to
believe that real establishments, institutions set before the
eyes of all, and with which all might be acquainted, could have
been mentioned unintentionally and described without an object.
Now, in this interpretation, the Roman _præses_ has entirely
disappeared; but the municipal community, with its particular
jurisdiction and its decurions taking part in the administration
of justice, subsists in all its integrity: it even appears to
possess more individual consistency and independence than it had
enjoyed under the emperors.
The Defenders Of Cities.
"The general principle of the _defensores_, of their duties
and the mode of choosing them, is explained in the
interpretation, as well as in the text of the Theodosian code.
According to the text, the governor of the province was not to be
burdened with the judgment of petty offences; but it does not
mention who was to judge them, whereas the interpretation
expressly names the _defensor_. According to the text, the
introduction of a civil suit might take place either before the
governor, or before those who had the right to draw up the
necessary acts; the interpretation adds the _defensor_. ..."
Public-domain text, read in full here on John Shaqi.
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