按键盘上方向键 ← 或 → 可快速上下翻页，按键盘上的 Enter 键可回到本书目录页，按键盘上方向键 ↑ 可回到本页顶部！
————未阅读完？加入书签已便下次继续阅读！
The clergy alone retained it；＇38＇ as a change would be of no advantage to them。 The difference of conditions and ranks consisted only in the largeness of the composition； as I shall show in another place。 Now particular laws＇39＇ allowed the clergy as favourable compositions as those of the Franks； for which reason they retained the Roman law。 This law brought no hardships upon them； and in other respects it was most proper for them； as it was the work of Christian emperors。
On the other hand； in the patrimony of the Visigoths； as the Visigoth law＇40＇ gave no civil advantages to the Visigoths over the Romans； the latter had no reason to discontinue living under their own law in order to embrace another。 They retained therefore their own laws without adopting those of the Visigoths。
This is still further confirmed in proportion as we proceed in our inquiry。 The law of Gundebald was extremely impartial； not favouring the Burgundians more than the Romans。 It appears by the preamble to that law that it was made for the Burgundians； and to regulate the disputes which might arise between them and the Romans； and in the latter case the judges were equally divided of a side。 This was necessary for particular reasons； drawn from the political regulations of those times。＇41＇ The Roman law was continued in Burgundy； in order to regulate the disputes of Romans among themselves。 The latter had no inducement to quit their own law； as in the country of the Franks； and rather as the Salic law was not established in Burgundy； as appears by the famous letter which Agobard wrote to Louis the Pious。
Agobard＇42＇ desired that prince to establish the Salic law in Burgundy； consequently it had not been established there at that time。 Thus the Roman law did； and still does subsist in so many provinces； which formerly depended on this kingdom。
The Roman and Gothic laws continued likewise in the country of the establishment of the Goths； where the Salic law was never received。 When Pepin and Charles Martel expelled the Saracens； the towns and provinces which submitted to these princes petitioned for a continuance of their own laws and obtained it；＇43＇ this； in spite of the usages of those times； when all laws were personal； soon made the Roman law to be considered as a real and territorial law in those countries。
This appears by the edict of Charles the Bald； given at Pistes in the year 864； which distinguishes the countries where causes were decided by the Roman law from where it was otherwise。＇44＇
The edict of Pistes shows two things； one； that there were countries where causes were decided by the Roman law； and others where they were not； and the other； that those countries where the Roman law obtained were precisely the same where it is still followed at this very day； as appears by the said edict：＇45＇ thus the distinction of the provinces of France under custom and those under written law was already established at the time of the edict of Pistes。
I have observed that in the beginning of the monarchy all laws were personal； and thus when the edict of Pistes distinguishes the countries of the Roman law from those which were otherwise； the meaning is that； in countries which were not of the Roman law； such a multitude of people had chosen to live under some or other of the laws of the Barbarians that there were scarcely any who would be subject to the Roman law； and that in the countries of the Roman law there were few who would choose to live under the laws of the Barbarians。
I am not ignorant that what is here advanced will be reckoned new； but if the things which I assert be true； surely they are very ancient。 After all； what great matter is it； whether they come from me； from the Valesiuses； or from the Bignons？
5。 The same Subject continued。 The law of Gundebald subsisted a long time among the Burgundians； in conjunction with the Roman law； it was still in use under Louis the Pious； as Agobard's letter plainly evinces。 In like manner； though the edict of Pistes calls the country occupied by the Visigoths the country of the Roman law； yet the law of the Visigoths was always in force there； as appears by the synod of Troyes held under Louis the Stammerer； in the year 878； that is； fourteen years after the edict of Pistes。
In process of time the Gothic and Burgundian laws fell into disuse even in their own country； which was owing to those general causes that everywhere suppressed the personal laws of the Barbarians。
6。 How the Roman Law kept its Ground in the Demesne of the Lombards。 The facts all coincide with my principles。 The law of the Lombards was impartial； and the Romans were under no temptation to quit their own for it。 The motive which prevailed with the Romans under the Franks to make choice of the Salic law did not take place in Italy； hence the Roman law maintained itself there； together with that of the Lombards。
It even fell out that the latter gave way to the Roman institutes； and ceased to be the law of the ruling nation； and though it continued to be that of the principal nobility； yet the greatest part of the cities formed themselves into republics； and the nobility mouldered away of themselves； or were destroyed。＇46＇ The citizens of the new republics had no inclination to adopt a law which established the custom of judiciary combats； and whose institutions retained much of the customs and usages of chivalry。 As the clergy of those days； a clergy even then so powerful in Italy； lived almost all under the Roman law； the number of those who followed the institutions of the Lombards must have daily diminished。
Besides； the institutions of the Lombards had not that extent； that majesty of the Roman law； by which Italy was reminded of her universal dominion。 The institutions of the Lombards and the Roman law could be then of no other use than to furnish out statutes for those cities that were erected into republics。 Now which could better furnish them； the institutions of the Lombards that determined on some particular cases； or the Roman law which embraced them all？
7。 How the Roman Law came to be lost in Spain。 Things happened otherwise in Spain。 The law of the Visigoths prevailed； and the Roman law was lost。 Chaindasuinthus＇47＇ and Recessuinthus proscribed the Roman laws；＇48＇ and even forbade citing them in their courts of judicature。 Recessuinthus was likewise author of the law which took off the prohibition of marriage between the Goths and Romans。＇49＇ It is evident that these two laws had the same spirit； this king wanted to remove the principal causes of separation which subsisted between the Goths and the Romans。 Now it was thought that nothing made a wider separation than the prohibition of intermarriages； and the liberty of living under different institutions。
But though the kings of the Visigoths had proscribed the Roman law； it still subsisted in the demesnes they possessed in South Gaul。＇50＇ These countries being distant from the centre of the monarchy lived in a state of great independence。 We see from the history of Vamba； who ascended the throne in 672； that the natives of the country had become the prevailing party。＇51＇ Hence the Roman law had greater authority and the Gothic