it was most formally promulgated in Capitularies, which with Charlemagne reach such volume and importance. Some of these royal ordinances related to a town or district only. Others were for the realm, and the latter not only were instances of law applying universally, but also tended to promote, or suggest, the harmonizing of laws which they did not modify directly.
III
The Roman law always existed in the Middle Ages. Provincialized and changed, it was interwoven in the law and custom of the land of the langue d'oc and even in the customary law of the lands where the langue d'oil was spoken. Through the same territory it existed also in the Breviarium and its epitomes. There was very little of it in England, and scarcely a trace in the Germany east of the Rhine. In Italy it was applied when not superseded by the Lombard codes, and was drawn from works based on the Codex and Novels of Justinian. But the jurisprudential law contained in Justinian's Digest was as well forgotten in Italy as in any land north of the Alps, where the Codification of Justinian had never been promulgated. The extent to which the classic forms of Roman law were known or unknown, unforgotten or forgotten, was no accident as of codices or other writings lost accidentally. It hung upon larger conditions whether society had reached that stage of civilized exigency demanding the application of an advanced commercial law, and whether there were men capable of understanding and applying it This need and the capacity to understand would be closely joined.[1]
The history of the knowledge and understanding of Roman law in the Middle Ages might be resolved into a consideration of the sources drawn upon, and the extent and manner of their use, from century to century. In the fifth century, when the Theodosian Code was promulgated, law was thought of chiefly as the mandate of a ruler. The
- ↑ One sees an analogy in the fortunes of the Boëthian translations of the more advanced treatises of Aristotle's Organon. They fell into disuse (or never came into use) and so were "lost" until they came to light, i.e. into use, in the last part of the twelfth century.
