kings expelled from republic

600 BC

Fall of western empire

Approx. 476 AD

Gelasius spiritual and temporal power - Two sword policy


spiritual = higher than temporal b/ imstrument of devine justice to which even an emperor is subject. In temporal priests = subject to power of emperor. - this two sword doctine led to insestiture controversy if 1070 where popes claimed full seperation of state and church.

Gelasius spiritual and temporal power - Two sword policy


spiritual = higher than temporal b/ imstrument of devine justice to which even an emperor is subject. In temporal priests = subject to power of emperor. - this two sword doctine led to insestiture controversy if 1070 where popes claimed full seperation of state and church.

Ius civile

500 - 1500

5th and forward West divided into Germanic tribal kingdoms


used personal rule - i.e. law of the tribe one lived in (customary law),
Also used for the areas they concurred = resulted in one set of law of own people and one set for the people in the areas they subjegated.
Germanic law originally hadeddown orally but later written.

Merovingian and Carolingian Franks succeeded in subjugating Germanic tribes 6 and forward


Charlemagne overthrew kingdom of Longobards


Charlemange - christmaseve crowned Emperor in Rome by pope Leo III


from that day one the Carolingian viewed as continuation of the roman empire.
Charlemange through the pope got his authority directly from God.

Charlemagne: General Capitulary of the Missi



900 - 1500

the system of political organization prevailing in Europe from the 9th to about the 15th centuries having as its basis the relation of lord to vassal (see vassal 1) with all land held in fee (see fee 1) and as chief characteristics homage, the service of tenants under arms and in court, wardship (see wardship 1), and forfeiture (see forfeiture 1)

Decretum, Panormia, Tripartia by Ivo, Bishop of Chartres

1040 - 1115

Concordia discordantium canonum / Decretum Gratiani by the monk Gratiani


Irnerius lectured on the Digest + other parts of the Justinian collection at Bolonga from abroad

1055 - 1130

imperial involvement in the election of the pope = rejected


insestiture controversy


popes asked for full separation of state and church. 10-11 century. - struggle b/t balance of spiritual and temporal in christisan EU. During the 9th and 10th century the emperor used the clergy to help with making decisions inorder to avoid the centrist tendency of the feudal syst. Emperor had a special admin. to help him find those people mu this encroached on the powers at the pops disposal and he opposed this bery much. Both parties used roman law to justify their positions.
Under pope Gergory VII this period led to a reformation of the church b/c ot was reorganized into a prototype of a modern, centrally governed state based on the model of the old roman empire. It was charaterized by a hierarchal structure. Admin. legislation and case law came directly from the pope
The investiture crises made the distinction B/t the canon law and the ius civile.
Period ended woth emperor acknowledging the popes right to appoint bishops andabbots.

Gregorian reform

1073 - 1085

Cluny's = reform had support from emperors, pope, regional princes andabbies, who all threw off the suppression my secular lords.
Cluny had a huge influence on several religions.
Objectives of the clergy: restoration of church discipline and emancipation of the church from secular control. And Thridly establishment of papal authority over entire church.

Pope Gregory vII


Placed the entire system of the empirical church under review. Here any for of secular interference = rejected. + he claimed the size of the right to dispose the emperor without no justification.

power in christianitas? pope or emperor

1079 - 1400

Rediscovery of the digest and roman law

Approx. 1100

Rediscovery of the digest as the basis for legal science. This also led to the renewal of law schools scince people began to study and interpret the texts in the digest.

Gratianus - Concordantium discordantium canonum (Deretum Gratiani)


Gratianus published an authoritative collection of connon law i.e. Concordantium discordantium canonum(Deretum Gratiani), = became the basis of the study of canon law. Canon law did now have the answer to it all and where it didn't roman law ruled.Canon law was not a closed system which meant that popes could promulgate new deretals.

Decretum Gratiani


indoctrinated the two swords (powers) transferred by Christ to those in authority on earth

Barbarossa -special privileges for students


law had become a popular study and the popes and bishops saw the influence the lawyers had even on their jobs, therefore Barbarossa promulgated the constitutio Habita which confreed special privileged to law students in Bologna, in return for their support for his imperial power.

2000 decretals

1159 - 1241

Promulgated between 1159 and 1241 so as to create a textual tradition in canon law

election procedure of the pope laid down in detail


Glossa Ordinaria

1185 - 1263

Accursius' Glossaria marks the end of the glosssators

Decretum written by Burchard, Bishop of Worms


Law schools could now be found all over EU

1200 - 1300

good student = teach everywhere


Pope Honorius granted archdeacon of bolonga - good student = teach everywhere, this resulted in unis developing in many other places.

End of Glossators



1263 - 1400

glossators findings coollected


jurists organizing and collection findings in the digest made by the glossators.In the second haæf of the 13th century the glossaria surpassed the digest as the principle source for the scientific study of roman law.

Both canon law and civil law was taught at uni's


Attempts to set local law in writing


Romano-canonical procedure


standard procedure used in church courts and higher secular courts.

Bartolus of Sassoferrato

1313 - 1357

Gave name to school ofthe pratice of roman law = Bartolists. Saw the corpus Irus as a source of legal rules that could be applied. Used roman texts to give their opinions authority.
Bartolus was central in finding out what to do when legal rules conflicted. ne of his main works was an exhaustive commentary on all volumes of the corpus irus. Also author of Consilia (expert legal advise), quaestions(disputed legal issues), tractate and lecturae. His treatise De statutibus, makes him thought of as the father of international private law.

Bartolus of Sassoferrato

1314 - 1357

one of the greatest medieval commentators.

Baldus de Ubaldis

1327 - 1400

Bartolus' student - also succesful commentator

rise of nation states in continental Europe

1400 - 1500

Commentators work gaoned much authority

1400 - 1600

Establishment of the Reichskammergericht (RKG) as supreme court for the German empire


used romano-canonical procedure

political class france - disadvantages of law of custom


1) not written -

Italian scholars


started to become interested in the corpus iuris civiluis, they reverted the texts of the classical jurists and rejected Tribonoan because of his mutilation of the texts of the original jurists on which the corpus iuris civiliis was based.

king had customary law written down


Hugo Doneau (DoneIIus)


DoneIIus - dound out how to study law in the most logic way after Bartholomew's eve.

St. Bartholomew eve - prosecution of Huguenots


led to humanists fleeting to Leiden uni.
Humanists had before this tried to strip the iuris civile from its original meaning. Later however the humanists found that the cleansed text from Justinian law also gave acces to the works of great roman jurists of the 2 and 3rd centuries, which had been excerpted into the digest by Tribonian and his ilk. Led to people trying to reconstruct the text and even the 12 tables.

Most regional French custom were codifeid


Bartolist jurisprudence was exposed to competition from humanism


driving force of the Early Modern Age 1453-1648