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Legal History
  Prologue to a History of English Law by Matiland -   History of English common law -   Basically, it tackles the legal history of Europe because what happened within the continent greatly affected England Remember: -   Goths- East Germanic people o   West Goth- Visigoths who went on to find Spain o   East Goth- Ostrogoths who founded Italy -   Romans -   Frankish realm/kingdom/monarch-powerful group from France -   Lombard- Germanic people who ruled the Italian peninsula; srcinally from Scandinavia but migrated to other lands as they are wanderers Second Century  (101-200)    Roman jurisprudence reached its zenith o   It was the century when the last of the great lawyers were accounted    Papinian    Ulpian    Modestinus (Ulpian’s student)      Dangers lay ahead o   Certain religious societies and congregations of nonconformists have been developing internal law with ominous rapidity    These laws are considered as unlawful law for these societies had an illegal, if not criminal, purpose    Even though they were subjected to imperial law, it seems they still have power over the state. This is manifested through:    the protection they were able to solicit from the state for their properties    development of laws adopted by everyone that gave the congregation with manifold powers    development of punitive laws that punishes those who violated the laws made by these congregations    Intellectual force was being overtaken by Christological heresy Third Century  (201-300)    Science of Roman (legislation) became sterile    Roman law was put into hold    Constitutions are the then only source of law o   Constitutions are seen to be just disordered mess that are collected rather than digested    World was falling into two halves o    Not good for the west since the imperial center was shifting from them to east  Fourth Century  (301-400)    Century of ecclesiastical councils    Christianity became the lawful religion o   Only lawful religion: pagans as well as other people who worship under other religion are  punished    The State was compelled to take part in the quarrels among Christians    The bishop of Rome was becoming a legislator o   It was said that he was more important and more powerful legislator than the emperor o   The emperor himself, Theodosius, ordered that all people should follow the religion as well as the law legislated by the bishop    The state left a huge room for the bishop to rule over    Even purely secular disputes are being settled in episcopal tribunals    Soon, the church wanted more power o   It does not only wanted independence but it wanted dominance over the state o   The church wanted that what it commands, the state should obey    The church realize that in order to rule the world, the theology must become the jurisprudence (though a jurisprudence of a supernatural sort) Fifth Century  (401-500)    Marked by the issuance of statute books    Two main statute books 1.   Theodosian Code -   By Theodosius II -   Official collection of imperial statutes beginning with those of Constantine I -   Characterized as:     Not well designed    Failed its aim to perpetuate the memory of Roman civil science in the stormy age     Not a code in the modern sense    Merely a methodic collection of modern statues    Contains too barbaric things, i.e. bloody laws against heretics -   Since the empire of England back then was being torn into shreds, no srcinal perfect copy reached its shores 2.   Large law book published by Euric of the West Goths -   First monument of Germanic law -   Laws are not as barbarous relative to its predecessor and to Theodosian code -   Characterized as a verbose and futile imitations of Roman codes since the West Goths were veneered by Roman civilization    Four leges o   These leges contained customs that are collected  1.   Lex salica -   One of the ancestors of English law -   Old extant statement of Germanic custom   -   Characterized as:      rude and primitive (since it was written between 5th and 6th century during the reign of Chlodwig)      written in Latin (but very free from Roman taint)      nothing is distinctively Christian or Roman      consists largely of a tariff of offences and atonements   -   relative to other leges, it clearly show the formalism by drawing the sacramental symbolisms of ancient legal procedures   2.   Lex Ribuaria -   Modernized version of Lex Salica -   Difference with Lex Salica: shows influence of clergy and Roman law 3.   Lex Romana Burgundonum -   Law book given by Gundobad to his Roman subjects -   The rules in the lex is taken from 3 Roman codices: from current abridgements of imperial constitutions  and from works of Gaius  and  Paulus   -   little that is good is said about this book 4.   Lex Romana Visigothorum -   Published by Alaric, son of Euric -   Statute book made to supplant older books -   Large excerpts were from Theodosian Codex    Others were from Gregorianus & Hermogenianus, post-Theodosian constitution, Paulus, Papinian and Gaius -   Distinct feature:  greater part of the text has a running commentary which attempted to give their upshot a more intelligible form      Critics: this degenerated the Roman science    It reflects that it was the time when lawyers can no longer understand their own old text and just relied on content with debased abridgments    West Goth ’s power was declining   o   However, Visigoths were still able to become the Spanish kingdom o   But it wasn’t in Spain that the Brevarium, carried by Visigoth, made it permanent mark  because Reckessiunth abrogated it. It was in Gaul that Brevarium struck a deep root o   Brevarium tthen became the principal representative of Roman law in the Frankish realm    However, it was too bulky for men’s needs      So they made epitomes of it, then epitomes of epitomes, and so on    East Goths remained the masters of Italy o   Theodoric then tried to fuse the Italians and Goths in one nation by issuing a considerable  body of law called Edictum Theodorici  which is more of a criminal kind    Before the end of the century, Dionysius Exiguus , a Roman monk of Scythian birth was working on the foundations of Corpus Iuris Canonici (collection of significant sources of canon law) o   Dionysius is an expert chronologist  o   Collected and translated canons and letters issued by popes since 3rd century o   Constructed the  Dionysian cycle      Helped spread the notion even that the popes can declare, even if they cannot make, laws for the universal church, thus contracting the sphere of secular  jurisprudence Sixth Century (501-600)    Century of Justinian o   Justinian began and finished his greatest work,  Digest       Valuable as: (1) code of imperial statute, (2) modernized and imperial edition of an ancient but excellent schoolbook    Characterized as: (1) something of renaissance, (2) antiquarian revival aiming to go back from vulgar practice to classical text, (3) restrospective    Without Digest, the world would not be the world we know now because Digest is the predecessor of Corpus Juris Civilis (Book of Civil Law)    Fourteen critical years in the legal history of Europe o   Gothic war happened o   Gothic kingdom was destroyed due to Gothic war o   Plight of Lombard people under Alboin towards the depopulated lands of west (depopulated because of the war)    In order to stay, they have to suffer Justinian’s books   o   Italy was still divided (because of the war) o   Roman power lost the power of legislating for the west o   Temporal power of papacy manifested as having the church as a department of the state    Pope Gregory, a well-known westerner who use Digest, sent Augustin to England to be a missionary o   Ethelbert of Kent was one of the first and known converts by Augustin    He set into writing the Dooms of his folk in Roman fashion o   Dooms    First Germanic law written in Germanic tongue    These dooms are still barbarous even though they were already talking about  protecting the property of God, priests and bishops    The desire to have written laws appear as soon as the barbarous race is brought into contact with Rome Seventh Century  (601-700)    See the beginning of written law among the Lombards. Some examples: o   Rothari published his edict known as to be one of the best statements of ancient German usage o   Swabians has Lex Alamannorum o   Bavarians has Lex Baiuwariorum    Authoritative revisions of leges were very rare back then because though there were transcribers who modified them to suit the changing times, they were not good
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