_Breviarium_ was the popular name of the code enacted by the Visigothic
king Alaric II. about the year 506 for his _provinciales_ in the south of
Gaul.[363] It preserved the integrity of its sources, giving the texts in
the same order, and with the same rubrics, as in the original. The
principal source was the Theodosian Code; next in importance the
collections of _Novellae_ of Theodosius and succeeding emperors: a few
texts were taken from the Codes of “Gregorianus” and “Hermogenianus.”
These parts of the _Breviarium_ consisted of _leges_, that is, of
constitutions of the emperors. Two sources of quite a different character
were also drawn upon. One was the _Institutes_ of Gaius, or rather an old
epitome which had been made from it. The other was the _Sententiae_ of
Paulus, the famous “Five Books of Sentences _ad filium_.” This work of
elementary jurisprudence deserved its great repute; yet its use in the
_Breviarium_ may have been due to the special sanction which had been
given it in one of the constitutions of the Theodosian Code, also taken
over into the _Breviarium_: “Pauli quoque sententias semper valere
praecipimus.”[364] The same constitution confirmed the _Institutes_ of
Gaius, among other great jurisconsults. Presumably these two works were
the most commonly known as well as the clearest and best of elementary
jurisprudential compositions.
An interesting feature of the _Breviarium_, and destined to be of great
importance, was the _Interpretatio_ accompanying all its texts, except
those drawn from the epitome of Gaius. This was not the work of Alaric’s
compilers, but probably represents the approved exposition of the _leges_,
with the exposition of the already archaic _Sentences_ of Paulus, current
in the law schools of southern Gaul in the fifth century. The
_Interpretatio_ thus taken into the _Breviarium_ had, like the texts, the
force of royal law, and soon was to surpass them in practice by reason of
its perspicuity and modernity. Many manuscripts contain only the
_Interpretatio_ and omit the texts.
The _Breviarium_ became the source of Roman law, indeed the Roman law _par
excellence_, for the Merovingian and then the Carolingian realm, outside
of Italy. It was soon subjected to the epitomizing process, and its
epitomes exist, dating from the eighth to the tenth century: they reduced
it in bulk, and did away with the practical inconvenience of _lex_ and
_interpretatio_. Further, the _Breviarium_, and even the epitomes, were
glossed with numerous marginal or interlinear notes made by transcribers
or students. These range from definitions of words, sometimes taken from
Isidore’s _Etymologiae_, to brief explanations of difficulties in the
text.[365] In like manner in Italy, the _Codex_ and _Novellae_ of
Justinian were, as has been said, reduced to epitomes, and also equipped
with glosses.
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