Page:EB1911 - Volume 11.djvu/797

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GERMANICUS CAESAR
  

recognize the Frankish suzerainty. About the same period, too, the church of Bavaria was organized by St Boniface, and the country divided into several bishoprics; and we find frequent references to these bishops (in the plural) in the law of the Bavarians. On the other hand, we know that the law is anterior to the reign of Duke Tassilo III. (749–788). The date of compilation must, therefore, be placed between 743 and 749.

There is an edition of the Lex Bajuvariorum by J. Merkel in the Mon. Germ. hist., Leges, iii. 183, and another was undertaken by E. von Schwind for the 4to series of the same collection. Cf. von Schwind’s article in the Neues Archiv, vol. xxxi.

5. Lex Saxonum.—Germany comprised two other duchies, Saxony and Frisia, of each of which we possess a text of law. The Lex Saxonum has come down to us in two MSS. and two old editions (those of B. J. Herold and du Tillet), and the text has been edited by Karl von Richthofen in the Mon. Germ. hist., Leges, v. The law contains ancient customary enactments of Saxony, and, in the form in which it has reached us, is later than the conquest of Saxony by Charlemagne. It is preceded by two capitularies of Charlemagne for Saxony—the Capitulatio de partibus Saxoniae (A. Boretius i. 68), which dates undoubtedly from 782, and is characterized by great severity, death being the penalty for every offence against the Christian religion; and the Capitulare Saxonicum (A. Boretius i. 71), of the 28th of October 797, in which Charlemagne shows less brutality and pronounces simple compositions for misdeeds which formerly entailed death. The Lex Saxonum apparently dates from 803, since it contains provisions which are in the Capitulare legi Ribuariae additum of that year. The law established the ancient customs, at the same time eliminating anything that was contrary to the spirit of Christianity; it proclaimed the peace of the churches, whose possessions it guaranteed and whose right of asylum it recognized.

6. Lex Frisionum.—This consists of a medley of documents of the most heterogeneous character. Some of its enactments are purely pagan—thus one paragraph allows the mother to kill her new-born child, and another prescribes the immolation to the gods of the defiler of their temple; others are purely Christian, such as those which prohibit incestuous marriages and working on Sunday. The law abounds in contradictions and repetitions, and the compositions are calculated in different moneys. From this it would appear that the documents were merely materials collected from various sources and possibly with a view to the compilation of a homogeneous law. These materials were apparently brought together at the beginning of the 9th century, at a time of intense legislative activity at the court of Charlemagne.

There are no MSS. of the document extant; our knowledge of it is based upon B. J. Herold’s edition (Originum ac Germanicarum antiquitatum libri, Basel, 1557), which has been reproduced by Karl von Richthofen in the Mon. Germ. hist., Leges, iii. 631.

7. Lex Angliorum el Werinorum, hoc est, Thuringorum.—In early times there dwelt in Thuringia, south of the river Unstrut, the Angli, who gave their name to the pagus Engili, and to the east, between the Saale and the Elster, the Warni (Werini, or Varini), whose name is seen in Werenofeld. In the 9th century, however, this region (then called Werenofeld) was occupied by the Sorabi, and the Warni and Angli either coalesced with the Thuringi or sought an asylum in the north of Germany. A collection of laws has come down to us bearing the name of these two peoples, the Lex Angliorum et Werinorum, hoc est, Thuringorum. This text is a collection of local customs arranged in the same order as the law of the Ripuarians. Parts of it are based on the Capitulare legi Ribuariae additum of 803, and it seems to have been drawn up in the same conditions and circumstances as the law of the Saxons. There is an edition of this code by Karl von Richthofen in the Mon. Germ. hist., Leges, v. 103. The old opinion that the law originated in south Holland is entirely without foundation.

8. Leges Langobardorum.—We possess a fair amount of information on the origin of the last barbarian code, the laws of the Lombards. The first part, consisting of 388 chapters, is known as the Edictus Langobardorum, and was promulgated by King Rothar at a diet held at Pavia on the 22nd of November 643. This work, composed at one time and arranged on a systematic plan, is very remarkable. The compilers knew Roman law, but drew upon it only for their method of presentation and for their terminology; and the document presents Germanic law in its purity. Rothar’s edict was augmented by his successors; Grimoald (668) added nine chapters; Liutprand (713–735), fifteen volumes, containing a great number of ecclesiastical enactments; Ratchis (746), eight chapters; and Aistulf (755), thirteen chapters. After the union of the Lombards to the Frankish kingdom, the capitularies made for the entire kingdom were applicable to Italy. There were also special capitularies for Italy, called Capitula Italica, some of which were appended to the edict of Rothar.

At an early date compilations were formed in Italy for the use of legal practitioners and jurists. Eberhard, duke and margrave of Rhaetia and Friuli, arranged the contents of the edict with its successive additamenta into a Concordia de singulis causis (829–832). In the 10th century a collection was made of the capitularies in use in Italy, and this was known as the Capitulare Langobardorum. Then appeared, under the influence of the school of law at Pavia, the Liber legis Langobardorum, also called Liber Papiensis (beginning of 11th century), and the Lombarda (end of 11th century) in two forms—that given in a Monte Cassino MS. and known as the Lombarda Casinensis, and the Lombarda Vulgata.

There are editions of the Edictus, the Concordia, and the Liber Papiensis by F. Bluhme and A. Boretius in the Mon. Germ. hist., Leges, iv. Bluhme also gives the rubrics of the Lombardae, which were published by F. Lindenberg in his Codex legum antiquarum in 1613. For further information on the laws of the Lombards see J. Merkel, Geschichte des Langobardenrechts (1850); A. Boretius, Die Kapitularien im Langobardenreich (1864); and C. Kier, Edictus Rotari (Copenhagen, 1898). Cf. R. Dareste in the Nouvelle Revue historique de droit français et étranger (1900, p. 143).  (C. Pf.) 

GERMANICUS CAESAR (15 B.C.A.D. 19), a Roman general and provincial governor in the reign of Tiberius. The name Germanicus, the only one by which he is known in history, he inherited from his father, Nero Claudius Drusus, the famous general, brother of Tiberius and stepson of Augustus. His mother was the younger Antonia, daughter of Marcus Antonius and niece of Augustus, and he married Agrippina, the granddaughter of the same emperor. It was natural, therefore, that he should be regarded as a candidate for the purple. Augustus, it would seem, long hesitated whether he should name him as his successor, and as a compromise required his uncle Tiberius to adopt him, though Tiberius had a son of his own. Of his early years and education little is known. That he possessed considerable literary abilities, and that these were carefully trained, we gather, both from the speeches which Tacitus puts into his mouth, and from the reputation he left as an orator, as attested by Suetonius and Ovid, and from the extant fragments of his works.

At the age of twenty he served his apprenticeship as a soldier under Tiberius, and was rewarded with the triumphal insignia for his services in crushing the revolt in Dalmatia and Pannonia. In A.D. 11 he accompanied Tiberius in his campaign on the Rhine, undertaken, in consequence of the defeat of Varus, with the object of securing the German frontier. In 12 he was made consul, and increased his popularity by appearing as an advocate in the courts of justice, and by the celebration of brilliant games. Soon afterwards he was appointed by Augustus to the important command of the eight legions on the Rhine. The news of the emperor’s death (14) found Germanicus at Lugdunum (Lyons), where he was superintending the census of Gaul. Close upon this came the report that a mutiny had broken out among his legions on the lower Rhine. Germanicus hurried back to the camp, which was now in open insurrection. The tumult was with difficulty quelled, partly by well-timed concessions, for which the authority of the emperor was forged, but chiefly owing to his personal popularity. Some of the insurgents actually proposed that he should put himself at their head and secure the empire for himself, but their offer was rejected with indignation. In order to calm the excitement Germanicus determined at once on an active campaign. Crossing the Rhine, he attacked and routed the Marsi, and laid waste the valley of the Ems.