Brachylogus
Encyclopedia
Brachylogus is a title applied in the middle of the 16th century to a work containing a systematic exposition of the Roman law
. Some
writers have assigned to the reign of the emperor
Justinian I
, and others have treated as an apocryphal work of the 16th century.
The earliest extant edition of this work was published at Lyon
in 1549, under the title of Corpus Legum per modum Institutionum; and the title Brachylogus totius Juris Civilis appears for the first time in an edition published at Lyon in
1553. The origin of the work may be referred with great probability to the 12th century. There is internal evidence that it was composed subsequently to the reign of Louis le Débonnaire (778-840), as it contains a Lombard
law
of that king's, which forbids the testimony of a clerk to be received against a layman. On the other hand its style and reasoning is far superior to that of the law writers of the 10th and 11th centuries; while the circumstance that the method of its author has not been in the slightest degree influenced by the school of the Gloss-writers (Glossator
es) leads fairly to the conclusion that he wrote before that school became dominant at Bologna
. Savigny, who traced the history of the Brachylogus with great care, is disposed to think that it is the work of Irnerius
himself (Geschichte des röm. Rechts im Mittelalter). Its value is chiefly historical, as it furnishes evidence that a knowledge of Justinian's legislation was always maintained in northern Italy
. The author of the work has adopted the Institutes of Justinian as the basis of it, and draws largely on the Digest, the Code and the Novels; while certain passages, evidently taken from the Sententiae Receptae of Julius Paulus, imply that the author was also acquainted with the Visigoth
ic code of Roman law compiled by order of Alaric II
.
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...
. Some
writers have assigned to the reign of the emperor
Roman Emperor
The Roman emperor was the ruler of the Roman State during the imperial period . The Romans had no single term for the office although at any given time, a given title was associated with the emperor...
Justinian I
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...
, and others have treated as an apocryphal work of the 16th century.
The earliest extant edition of this work was published at Lyon
Lyon
Lyon , is a city in east-central France in the Rhône-Alpes region, situated between Paris and Marseille. Lyon is located at from Paris, from Marseille, from Geneva, from Turin, and from Barcelona. The residents of the city are called Lyonnais....
in 1549, under the title of Corpus Legum per modum Institutionum; and the title Brachylogus totius Juris Civilis appears for the first time in an edition published at Lyon in
1553. The origin of the work may be referred with great probability to the 12th century. There is internal evidence that it was composed subsequently to the reign of Louis le Débonnaire (778-840), as it contains a Lombard
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...
law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
of that king's, which forbids the testimony of a clerk to be received against a layman. On the other hand its style and reasoning is far superior to that of the law writers of the 10th and 11th centuries; while the circumstance that the method of its author has not been in the slightest degree influenced by the school of the Gloss-writers (Glossator
Glossator
The scholars of the 11th and 12th century legal schools in Italy, France and Germany are identified as glossators in a specific sense. They studied Roman Law based on the Digestae, the Codex of Justinian, the Authenticae The scholars of the 11th and 12th century legal schools in Italy, France and...
es) leads fairly to the conclusion that he wrote before that school became dominant at Bologna
Bologna
Bologna is the capital city of Emilia-Romagna, in the Po Valley of Northern Italy. The city lies between the Po River and the Apennine Mountains, more specifically, between the Reno River and the Savena River. Bologna is a lively and cosmopolitan Italian college city, with spectacular history,...
. Savigny, who traced the history of the Brachylogus with great care, is disposed to think that it is the work of Irnerius
Irnerius
Irnerius , sometimes referred to as lucerna juris , was an Italian jurist, and founder of the School of Glossators and thus of the tradition of Medieval Roman Law....
himself (Geschichte des röm. Rechts im Mittelalter). Its value is chiefly historical, as it furnishes evidence that a knowledge of Justinian's legislation was always maintained in 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...
. The author of the work has adopted the Institutes of Justinian as the basis of it, and draws largely on the Digest, the Code and the Novels; while certain passages, evidently taken from the Sententiae Receptae of Julius Paulus, imply that the author was also acquainted with the Visigoth
Visigoth
The Visigoths were one of two main branches of the Goths, the Ostrogoths being the other. These tribes were among the Germans who spread through the late Roman Empire during the Migration Period...
ic code of Roman law 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...
.