-
The Crisis of the Third Century, also known as Military Anarchy or the Imperial Crisis , was a period in which the Roman Empire nearly collapsed under the combined pressures of barbarian invasions and migrations into the Roman territory, civil wars, peasant rebellions, political instability , plague, debasement of currency, and economic depression.
-
The post classical period spans from 235 to 476,the date that Rome fell to the barbarians.
-
The Dominate is the name sometimes given to the later phase of imperial government,following the earlier period called Principate in the ancient Roman Empire
Some of the characteristics of this period are :
The power concentration in the emperor´s figure, emperor controls every field - the so called "Dominus et Deus"
Emperors promulgate constitutions called LEGES
Jurists jurisprudence was called IURA
We have to distinguish:
·General Law:
·Special Law:
·The so-called Pragmatica -
In 284 ,Diocletain acessed to the imperial throne.
Diocletain was very important due to his reforms ,especially in the organization of the Empire .
He ruled after the Crisis of the Third Century and he was the responsable of the creation of the tetrarchy (2 Augusti ,2 Caesar) -
Juridic recompilation published in Diocletain´s time. -
Many recompilations of leges were done in Diocletain´s time ,this is one of them.
This Codex Gregorianus is a recompilation of private laws since the emperor Adrianus to 294. -
Due to the arrival of the barbarians an the crisis, Diocletain decided to divided the Empire in two parts : The Western Empire and the Eastern Empire .
Constantine had success in the Eastern Empire .Nevertheless the Western part of the Empire fell . -
With the Empire divided in two parts, in the Eastern Empire, Constantino I moved the capital of the Roman Empire to a greek city called Bizancio better known as The New Rome or Constantinople.
This part of the Empire is going to remain more than 1000 years. -
The Council of Nicaea was the first council in the history of the Christian church that was intended to address the entire body of believers. It was convened by the emperor Constantine to resolve the controversy of Arianism, a doctrine that held that Christ was not divine but was a created being. -
In 376, visigoths due to the presence of the hunos , went to the Eastern Roman Empire emperor, Valente. They they asked to Valente to settle within the limits of the empire. This was verified by means of the foedus (376).Visigoths were settled in Trancia , and begun to be part of the roman army. Nevertheless, Constantinopla did not provide wheat to the visigoths and this started a big problem which was solved when Valente was murdered by the Visigoths in Adrianopolis. -
Teodosio ,was the successor of Valente. He made a new foedus but it didn´t last long .Theodosius I, byname Theodosius the Great, Roman emperor of the East (379–392) and then sole emperor of both East and West (392–395), who, in vigorous suppression of paganism and Arianism, established the creed of the Council of Nicaea (325) as the universal norm for Christian orthodoxy and directed the convening of the second general council at Constantinople (381) to clarify the formula. -
Alaric joined the Roman army. Once an ally of Rome under the Emperor Theodosius, Alaric helped defeat the Franks and other allies of a would-be Roman usurper.He left the Roman army disappointed. After the death of Theodosius and the disintegration of the Roman armies in 395, he is described as king of the Visigoths.
He operated mainly against the successive Western Roman regimes, and marched into Italy, where he died. He is responsible for the sack of Rome in 410. -
Theodosius died leaving a collapsed army and empire with numerous territories where he did not exercise control. -
Despite having renewed the federative pact, Alaric sacked the Balkan peninsula. -
After the death of the emperor Theodosius I ,the Eastern part of the Roman Empire wast divided from the Western part,founding the Byzantine Empire. -
In December 406 ,germans,suebi,vandals and Alans cross the cold waters of the Rhin and they entered in the Empire. -
-
After devastated many provinces , they made their apperance in Hispania . In Hispania, barbarians distributed the provinces for their settlement. The Empire power couldn´t do anything because it had to face against the visigoths who had invaded Italy .
-
The sack of Rome was an event that occurred in 410, and is part of the second invasion of Italy carried out by Alaric.
The city of Rome had been besieged twice since the beginning of the invasion and always with the aim of using it as a hostage and thus forcing an agreement with the government of Honorius.
The looting was not a decisive victory in the war and the Visigoths had to continue their search for a legal settlement within Roman territory that they would not achieve until 418. -
Visigoths and romans became aliated with this treaty.
King Walia signed with the Roman emperor Honorius a treaty (foedus) by which the Visigoths undertook to restore order in the Spanish provinces, broken in 409 ,and in considerarion visigoths will recived lands in the Gauls for their settlement. -
In 415 by virtue of the Foedus pact celebrated between Walia and Honorio , visigoths were settled in the Roman province of Aquitania Secunda , in the south of Gaul.
By this agreement, the Visigoths received lands to settle in, in exchange for the obligation to defend the Empire against enemies. From this establishment a regnum was constituted on imperial soil, with its capital in Tolosa, which lasted until the defeat of 507 at the Battle of Vouillé. -
Visigothic kingdom of Tolosa ,with capital in the city of Tolouse,starts in 418,after the pact "Foedus" between visigoths and romans. This kingdom lasted until the 507 ,when the king Alaric II was defeated by the Franks at the Battle of Vouille. -
Between 416 -418 , visigoths ,due to the foedus ,helped Rome to eliminate the barbarians in Hispania and to reinstate the imperial authority -
Due to the problems that happened since the distribution of the lands ,the king Teodorico I (419-451) emitted some provisions that affected to the romans and visigoths.
Years later ,his son Teodorico II (453-466) owner of the Gauls continued with that legislative activity upon the visigoths and romans populations . -
The Law of Citations was a Roman law issued by the emperor Valentinian III, to the Senate and the people of Rome, it included in both Theodosius II's law compilation and the first edition of the Codex Justinianus. It was designed to help judges deal with vast amounts of jurist writings on a subject .Authority was given to Ulpianus, Gaius, Paulus, Papinianus and Modestinus, as they were some of the outstanding jurists of the classical period. -
It is an intermediate code between the Hermogenian and the Gregorian, it is incomplete for both scientific and practical purposes, but it was ideal to satisfy, with the help of both codes and works of classical jurisprudence, the needs of the courts. The Theodosian Code is not well known enough, since a complete text has not reached us and only the two preceding Codes of the Justinian Code are known, some imperial Constitutions and manuscripts.
-
-
Euric ascend to the throne after the murder of his brother Teodorico II . He reigned until 484 . He was the responsable of promulgate the Code of Euric . -
The Codex Euricianus or Code of Euric was a collection of laws governing the Visigoths compiled at the order of Euric, King of the Visigoths .It is one of the earliest examples of early Germanic law
.The Code is largely confused and it appears that it was merely a recollection of Gothic custom altered by Roman law. -
-
In 476 a barbarian roman general called Odacro dismissed the last Roman emperor in the Wester Roman Empire , Rómulo Augústulo. -
-
He succeeded his father Euric as king of the Visigoths in Toulouse in 484;he was the great-grandson of the more famous Alaric I, who sacked Rome in 410.
He tried to recover the royal power and extend the territorial limits of the kingdom but he had many problems. -
Pope Gelasius I was bishop of Rome from March 1, 492 until his death on November 19, 496. During his pontificate, he called for strict Catholic orthodoxy, more assertively demanded obedience to papal authority, and consequently , increased the tension between the West and the East Churches. -
Alaric II promulgated the LEX ROMANA VISIGOTHORUM . Roman Law for visigoths ,aprproved in an assembly of bishops and representatives of the king .
Content:
-Leges and iura that can be used in the trials -
In the spring of 507, the troops of Clodoveo took many visigoths cities ,this event produced a big battle between the franks army and the visigoths army in Vouillé . Alaric II dead in this battle . The disaster of this battle supposed the end of the domination of the Gauls for the visigoths . The most part of the visigoths fled to Hispania searching new places where they could settle down. -
After the murdered of his son in law ,Alaric II ,Teodorico came out in defense of his grandson Amalarico.
Teodorico carried out a conservative politic not only in the administrative structure of the Empire ,but also he tried the "restauratio imperii" -
After the death of Teodorico the big ,the ostrogoth intervention finished and Amalarico began his reign.
-
Flavio Pedro Sabacio Justiniano, better known as Justinian I the Great, was emperor of the Eastern Roman Empire from 527 until his death. During his reign he sought to revive the ancient greatness of the classical Roman Empire, reconquering much of the lost territories of the Western Roman Empire.
Considered one of the most important personalities of late antiquity and the last emperor to use Latin.
He tried to restore Roman Law making a compilation. -
Justinian gained fame as a result of his revision and compilation of all Roman Law.
The monumental compilation of Roman law, made in predominantly Latin language, concludes the legal evolution of Roman law.
The entirety of Justinian's legislative work is known today as the Corpus iuris civilis. It is composed of the Codex Iustinianus, the Digest or Pandectas, the Institutes and the Novellae. -
Teudis was king of the Visigoths. He acceded to the power after the death of Amalaric.Teudis was sent to the court of Amalarico by Theodorico the Great as head of the army .At the death of Amalarico, he claims the throne of the Visigoths.
In 546 he issued a law in Toledo on procedural costs, which ordered to incorporate in a section corresponding to the Theodosian Code, collected by the Breviary of Alaric, which would demonstrate the application of this last text in Visigoth Hispania. -
The Digest was part of a reduction and codification of all Roman laws up to that time, which later came to be known as the Corpus Juris Civilis . The other two parts were a collection of statutes, the Codex, which survives in a second edition, and an introductory textbook, the Institutes; all three parts were given force of law. The set was intended to be complete, but Justinian passed further legislation, which was later collected separately as the Novellae Constitutione -
This civil war supposed the ocupation of the meridional part of the Peninsula by the troops of the Easter Empire
-
Leovigild was known for his Codex Revisus, a law allowing equal rights between the Visigoths and Hispano-Roman population.
This code was a review of the Code of Euric and did not survive ,some laws appear in de Liber Iudicorum.
He also tried the territorial unification ,defeating the Suebi and Byzantines .
He strengthened the royal power .Before that, the power of the visigoths was limitated by the "plenitudo potestatis" who relapsed in the emperor of the Eastern Roman Empire. -
In 585 the Suebi kingdom ceased to exist when it was conquered by the Visigoth king Leovigildo and its territory was incorporated into the Visigoth kingdom of Toledo. This event was the final point to rich the territorial unification ,only the lands of the basques were outside of the visigoths kigdom. -
Reccared was a visigothic king of Hispania,the son of Leovigild .His reign marked a climactic shift in history, with the king's renunciation of Arianism in favour of Catholicism in 587. -
The Third Council of Toledo marks the entry of Visigothic Spain into the Catholic Church. This estabilished the collaboration between the monarchy and the Church .
Thereafter,each time it is necessary to adopt an important measure in the kingdom,it would be debated within a council . In this way ,the king´s "potestas" was seen strengthened with the "auctoritas" of the church -
Recesvinto was king of the Visigoths between 653 and 672. He compiled, together with his predecessor Chindasvinto, a body of common laws for the two peoples of the kingdom, Hispano-Romans and Visigoths: the Liber Iudiciorum or Recesvinto Code. -
The Liber Iudiciorum was a Visigothic body of laws, of a territorial nature, arranged by King Recesvinto and promulgated probably in the year 654. It is also known as the Recesvinto Code. It has gone down in history as the great legal work of the Visigothic kingdom. -
He tried to end the fromation of clienteles dangerous for the royal power. In the end he had to recognize that the king´s best guarantee was found in their loyalties . -
With the death of Reccesvinth ,the visigoths reign decline.This is explained by the process of "protofeudalization"
-
He had to recognize in the XIII Council of Toledo ,the superiority and authority of the council as a representative body of the hugh hierarchy ecclesiastical and nobility rule . In times of this monarch was made a revision of the Liber Iudiciorum . -
Egica's reign was torn between attempts to strengthen royal power and a social structure on the way to feudalization. In the 16th Council of Toledo, a revision of the Liber Iudiciorum was proposed, which did not succeed. -
After the death of Egica, her son, Witiza (702-710)accesed to the throne , in 710 Witiza died and a bunch of the nobility choosed Rodrigo like a new king for the visigoths kingdom . When Rodrigo launched a campaing against basques ,he recived notices about the landing of the muslims in Hispania. -
The society was divided in those who pray ,who fight and who labor.
Legal professional were not in this framework,craft and commerce were also excluded until the second half on the 11th century when took part the radical renewal and the structure of feudal civilization was crumbling,canon of all manual and professional operations were overtrown and new markets and social classes appeared.
As a result of this changes ,law was necessary and consequently more jurists were also needed. -
The Church split into the Eastern and the Western churches.
-
He proclaimed the celibacy of ecclesiastics that still persists in the Catholic Church. He continued the struggle of his predecessors against simony, forbidding the laity to grant ecclesiastical offices. In the blunt Dictatus papae of 1075 he affirmed that only the pope could appoint and depose bishops as head of the Church; and he took his authoritarianism to the point of defending that the appointment of kings also corresponded to the pope, as he only had a delegated power of God. -
Several manuscripts of Justinian's compilation are discovered in Italy. These texts of Roman law were interest for jurists who try not only to know this law but also to interpret it and supplement it with canon law and with feudal law for its practical use. In this way, they lay the foundations of customary law. It is at the Bologna school where begin to study these Roman texts. A jurist named Irnerio founds a scientific school whose disciples are known as glossers "The school of Bologna"
