Page:The Mediaeval Mind Vol 2.djvu/255

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
243
ROMAN AND CANON LAW
CHAP XXXIII

were substantially the same as those used by the Visigothic Breviarium, which was soon to supersede the Papianus even in Burgundy.

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.[1] 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."[2] 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

  1. Edited by Haenel, with the epitomes of it in parallel columns, under the name of Lex Romana Visigothorum (Leipzig, 1849). See Tardif, o.c. 129-143.
  2. Cod. Theod. i. 4, 3; Brev. i. 4, 1.