The State of Society in France Before the Revolution of 1789: And the Causes Which Led to That EventTocqueville, Alexis de
History
The State of Society in France Before the Revolution of 1789: And the Causes Which Led to That Event
Tocqueville, Alexis de
France -- History -- Revolution, 1789-1799 -- Causes
Towards the end of the Middle Ages the Roman law became the principal
and almost the sole study of the German legists; indeed, at this time,
most of them pursued their education out of Germany in the Italian
universities. These legists, though not the masters of political
society, were charged with the explanation and application of its
laws; and though they could not abolish the Germanic law, they altered
and disfigured it so as to fit into the frame of the Roman law.
They applied the Roman law to everything in the German institutions
that seemed to have the most remote analogy with the legislation of
Justinian; and they thus introduced a new spirit and new usage into
the national legislation; by degrees it was so completely transformed
that it was no longer recognisable, and in the seventeenth century, for
instance, it was almost unknown. It had been replaced by a nondescript
something, which was German indeed in name, but Roman in fact.
I find reason to believe that owing to these efforts of the legists,
the condition of ancient Germanic society deteriorated in many
respects, especially so far as the peasants were concerned; many of
those who had succeeded until then in preserving the whole or part of
their liberties or of their possessions, lost them at this period by
learned assimilations of their condition to that of the Roman bondsmen
or emphyteotes.
This gradual transformation of the national law, and the vain efforts
which were made to oppose it, may be clearly traced in the history of
Würtemberg.
From the origin of the county of that name in 1250, until the creation
of the duchy in 1495, the legislation was purely indigenous; it was
composed of customs and local laws made by the towns or by the Courts
of Seignory, and of statutes promulgated by the Estates; ecclesiastical
affairs alone were regulated by a foreign code, the canon law.
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