Medieval EuropeDavis, H. W. Carless (Henry William Carless)
History
Medieval Europe
Davis, H. W. Carless (Henry William Carless)
Europe -- History -- 476-1492; Middle Ages
The barbarian states which arose on the ruins of the Western Empire were
founded, under widely different circumstances of time and place, by
tribes and federations of tribes drawn from every part of Germany. We
expect to find, and we do find, infinite varieties of detail in their
laws, their social distinctions, their methods of government. But from a
broader point of view they may be grouped in two classes, not according
to affinities of race, but according to their relations with the social
order which they had invaded.
[Illustration: The Barbarian Kingdoms and Frankish Empire]
One group of kingdoms was founded under cover of a legal fiction; the
Visigoths, the Ostrogoths, and the Burgundians claimed to be the allies
of the Empire. At one time or another they obtained the recognition of
Constantinople for their settlements. Their kings accepted or usurped
the titles of imperial administrators, stamped their coins with the
effigies of the reigning Emperor, dated their proclamations by the names
of the consuls for the year, and in many other ways flaunted their
nominal subjection as the legal basis of their actual sovereignty. This
fiction did not prevent them from governing their new dominions in true
Teutonic fashion, through royal bailiffs, who administered the state
demesnes, and military officers (dukes, counts, etc.) who ruled with
autocratic sway over administrative districts. Nor did the most lenient
of them hesitate to provide for their armies by wholesale confiscations;
the ordinary rule was to take from the great proprietor one-third or
two-thirds of his estate for the benefit of the Teutonic immigrant.
Further, we have ample evidence that the provincials found existence
considerably more precarious under the new order. The rich were exposed
to the malice of the false informer and the venal judge; the cultivators
of the soil were often oppressed and often reduced from partial freedom
to absolute slavery. Yet in some respects the invaders of this type were
tolerant and adaptable. They left to the provincials the civil law of
Rome, and even codified it to guard against unauthorised innovations;
the _Lex Romana Burgundionum_ and the Visigothic _Breviarium Alarici_
are still extant as memorials of this policy. They realised the
necessity of compelling barbarians and provincials alike to respect
the elementary rights of person and property; Theodoric the Ostrogoth
and Gundobad the Burgundian were the authors of new criminal codes, in
the one case mainly, in the other partially, derived from Roman
jurisprudence. Such rulers were not content with professing an impartial
regard for both classes of their subjects; they frequently raised the
better-class provincials to posts of responsibility and confidence. By a
singular fatality the chief races of this group had embraced the Arian
heresy, which was repudiated and detested by their subjects. Yet their
great statesmen uniformly extended toleration to the rival creed, and
Public-domain text, read in full here on John Shaqi.
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