Breviary of Alaric
Encyclopedia
The Breviary of Alaric is a collection of Roman law
, compiled by order of Alaric II
, King of the
Visigoths, with the advice of his bishop
s and nobles. It was promulgated on February 2, year 506
, the twenty-second year of his reign. It applied, not to the Visigothic nobles under their own law, which had been formulated by Euric
, but to the Hispano-Roman
and Gallo-Roman population, living under Visigoth rule south of the Loire
and, in Book 16, to the members of the Trinitarian Catholic Church. (The Visigoths were Arian
and maintained their own clergy.)
It comprises
It is termed a code (codex), in the certificate of Anianus, the king’s referendary, but unlike the code of Justinian
, from which the writings of jurists were excluded, it comprises both imperial constitutions (leges) and juridical treatises (jura). From the circumstance that the Breviarium has prefixed to it a royal rescript (commonitorium) directing that copies of it, certified under the hand of Anianus, should be received exclusively as law throughout the kingdom of the Visigoths, the compilation of the code has been attributed to Anianus by many writers, and it is frequently designated the Breviary of Anianus (Breviarium Aniani). The code, however, appears to have been known amongst the Visigoths by the title of “Lex Romana”, or “Lex Theodosii”, and it was not until the 16th century that the title of “Breviarium” was introduced to distinguish it from a recast of the code, which was introduced into northern Italy
in the 9th century for the use of the Romans in Lombardy
. This recast of the Visigothic code has been preserved in a manuscript known as the “Codex Utinensis”, which was formerly kept in the archives of the Udine Cathedral
, but is now lost; and it was published in the 18th century for the first time by Paolo Canciani in his collection of ancient laws entitled Barbarorum Leges Antiquae. Another manuscript of this Lombard recast of the Visigothic code was discovered by Hand in the library of St Gall. The chief value of the Visigothic code consists in the fact that it is the only collection of Roman Law in which the five first books of the Theodosian code and five books of the Sententiae Receptae of Julius Paulus have been preserved, and until the discovery of a manuscript in the chapter library in Verona, which contained the greater part of the Institutes of Gaius, it was the only work in which any portion of the institutional writings of that great jurist had come down to us.
The Breviary had the effect of preserving the traditions of Roman law in Aquitania
and Gallia Narbonensis
, which became both Provence
and Septimania
, thus reinforcing their sense of enduring continuity, broken in the Frankish
north.
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
, compiled by order of Alaric II
Alaric II
Alaric II, also known as Alarik, Alarich, and Alarico in Spanish and Portuguese or Alaricus in Latin succeeded his father Euric on December 28, 484, in Toulouse. He established his capital at Aire-sur-l'Adour in Aquitaine...
, King of the
Visigothic Kingdom
The Visigothic Kingdom was a kingdom which occupied southwestern France and the Iberian Peninsula from the 5th to 8th century AD. One of the Germanic successor states to the Western Roman Empire, it was originally created by the settlement of the Visigoths under King Wallia in the province of...
Visigoths, with the advice of his bishop
Bishop
A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...
s and nobles. It was promulgated on February 2, year 506
506
Year 506 was a common year starting on Sunday of the Julian calendar. At the time, it was known as the Year of the Consulship of Messala and Dagalaiphus...
, the twenty-second year of his reign. It applied, not to the Visigothic nobles under their own law, which had been formulated by Euric
Euric
Euric, also known as Evaric, Erwig, or Eurico in Spanish and Portuguese , Son of Theodoric I and the younger brother of Theodoric II and ruled as king of the Visigoths, with his capital at Toulouse, from 466 until his death in 484.He inherited a large portion of the Visigothic possessions in the...
, but to the Hispano-Roman
Hispania
Another theory holds that the name derives from Ezpanna, the Basque word for "border" or "edge", thus meaning the farthest area or place. Isidore of Sevilla considered Hispania derived from Hispalis....
and Gallo-Roman population, living under Visigoth rule south of the Loire
Loire
Loire is an administrative department in the east-central part of France occupying the River Loire's upper reaches.-History:Loire was created in 1793 when after just 3½ years the young Rhône-et-Loire department was split into two. This was a response to counter-Revolutionary activities in Lyon...
and, in Book 16, to the members of the Trinitarian Catholic Church. (The Visigoths were Arian
Arianism
Arianism is the theological teaching attributed to Arius , a Christian presbyter from Alexandria, Egypt, concerning the relationship of the entities of the Trinity and the precise nature of the Son of God as being a subordinate entity to God the Father...
and maintained their own clergy.)
- sixteen books of the Codex TheodosianusCodex TheodosianusThe Codex Theodosianus was a compilation of the laws of the Roman Empire under the Christian emperors since 312. A commission was established by Theodosius II in 429 and the compilation was published in the eastern half of the Roman Empire in 438...
; - the Novels of
- Theodosius IITheodosius IITheodosius II , commonly surnamed Theodosius the Younger, or Theodosius the Calligrapher, was Byzantine Emperor from 408 to 450. He is mostly known for promulgating the Theodosian law code, and for the construction of the Theodosian Walls of Constantinople...
, - Valentinian IIIValentinian III-Family:Valentinian was born in the western capital of Ravenna, the only son of Galla Placidia and Flavius Constantius. The former was the younger half-sister of the western emperor Honorius, and the latter was at the time Patrician and the power behind the throne....
, - MarcianMarcianMarcian was Byzantine Emperor from 450 to 457. Marcian's rule marked a recovery of the Eastern Empire, which the Emperor protected from external menaces and reformed economically and financially...
, - MajorianMajorianMajorian , was the Western Roman Emperor from 457 to 461.A prominent general of the Late Roman army, Majorian deposed Emperor Avitus in 457 and succeeded him. Majorian was one of the last emperors to make a concerted effort to restore the Western Roman Empire...
and - Libius SeverusLibius SeverusFlavius Libius Severus Serpentius was Western Roman Emperor from November 19, 461 to his death.A Roman senator from Lucania Severus was one of the last Western Emperors, emptied of any effective power , and unable to solve the many problems affecting the Empire; the sources...
;
- Theodosius II
- the Institutes of GaiusGaius (jurist)Gaius was a celebrated Roman jurist. Scholars know very little of his personal life. It is impossible to discover even his full name, Gaius or Caius being merely his personal name...
; - five books of the Sententiae Receptae of Julius Paulus;
- thirteen titles of the Gregorian code;
- two titles of the Hermogenian code;
- and a fragment of the first book of the Responsa PapinianiAemilius PapinianusAemilius Papinianus , also known as Papinian, was a celebrated Roman jurist, magister libellorum and, after the death of Gaius Fulvius Plautianus in 205, praetorian prefect.-Life:...
.
It is termed a code (codex), in the certificate of Anianus, the king’s referendary, but unlike the code of Justinian
Justinian I
Justinian I ; , ; 483– 13 or 14 November 565), commonly known as Justinian the Great, was Byzantine Emperor from 527 to 565. During his reign, Justinian sought to revive the Empire's greatness and reconquer the lost western half of the classical Roman Empire.One of the most important figures of...
, from which the writings of jurists were excluded, it comprises both imperial constitutions (leges) and juridical treatises (jura). From the circumstance that the Breviarium has prefixed to it a royal rescript (commonitorium) directing that copies of it, certified under the hand of Anianus, should be received exclusively as law throughout the kingdom of the Visigoths, the compilation of the code has been attributed to Anianus by many writers, and it is frequently designated the Breviary of Anianus (Breviarium Aniani). The code, however, appears to have been known amongst the Visigoths by the title of “Lex Romana”, or “Lex Theodosii”, and it was not until the 16th century that the title of “Breviarium” was introduced to distinguish it from a recast of the code, which was introduced into northern Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
in the 9th century for the use of the Romans in Lombardy
Lombardy
Lombardy is one of the 20 regions of Italy. The capital is Milan. One-sixth of Italy's population lives in Lombardy and about one fifth of Italy's GDP is produced in this region, making it the most populous and richest region in the country and one of the richest in the whole of Europe...
. This recast of the Visigothic code has been preserved in a manuscript known as the “Codex Utinensis”, which was formerly kept in the archives of the Udine Cathedral
Udine Cathedral
Udine Cathedral is a Roman Catholic cathedral located in Udine, Italy. It is the seat of the Archbishop of Udine.The cathedral's construction began in 1236, on a Latin cross-shaped plan with three aisles and side-chapels...
, but is now lost; and it was published in the 18th century for the first time by Paolo Canciani in his collection of ancient laws entitled Barbarorum Leges Antiquae. Another manuscript of this Lombard recast of the Visigothic code was discovered by Hand in the library of St Gall. The chief value of the Visigothic code consists in the fact that it is the only collection of Roman Law in which the five first books of the Theodosian code and five books of the Sententiae Receptae of Julius Paulus have been preserved, and until the discovery of a manuscript in the chapter library in Verona, which contained the greater part of the Institutes of Gaius, it was the only work in which any portion of the institutional writings of that great jurist had come down to us.
The Breviary had the effect of preserving the traditions of Roman law in Aquitania
Aquitania
Aquitania may refer to:* the territory of the Aquitani, a people living in Roman times in what is now Aquitaine, France* Aquitaine, a region of France roughly between the Pyrenees, the Atlantic ocean and the Garonne, also a former kingdom and duchy...
and Gallia Narbonensis
Gallia Narbonensis
Gallia Narbonensis was a Roman province located in what is now Languedoc and Provence, in southern France. It was also known as Gallia Transalpina , which was originally a designation for that part of Gaul lying across the Alps from Italia and it contained a western region known as Septimania...
, which became both Provence
Provence
Provence ; Provençal: Provença in classical norm or Prouvènço in Mistralian norm) is a region of south eastern France on the Mediterranean adjacent to Italy. It is part of the administrative région of Provence-Alpes-Côte d'Azur...
and Septimania
Septimania
Septimania was the western region of the Roman province of Gallia Narbonensis that passed under the control of the Visigoths in 462, when Septimania was ceded to their king, Theodoric II. Under the Visigoths it was known as simply Gallia or Narbonensis. It corresponded roughly with the modern...
, thus reinforcing their sense of enduring continuity, broken in the Frankish
Franks
The Franks were a confederation of Germanic tribes first attested in the third century AD as living north and east of the Lower Rhine River. From the third to fifth centuries some Franks raided Roman territory while other Franks joined the Roman troops in Gaul. Only the Salian Franks formed a...
north.