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The work as planned had three parts: the Code (Codex) is a compilation, by
selection and extraction, of imperial enactments to date; the Digest or Pandects
(the Latin title contains both Digesta and Pandectae) is an encyclopedia composed
of mostly brief extracts from the writings of Roman jurists; and the Institutes
(Institutiones) is a student textbook, mainly introducing the Code, although it has
important conceptual elements that are less developed in the Code or the Digest.
All three parts, even the textbook, were given force of law. They were intended to
be, together, the sole source of law; reference to any other source, including the
original texts from which the Code and the Digest had been taken, was forbidden.
Nonetheless, Justinian found himself having to enact further laws and today these
are counted as a fourth part of the Corpus, the Novellae Constitutiones (Novels,
literally New Laws).
The Corpus Juris Civilis was revised into Greek, when that became the predominant
language of the Eastern Roman Empire, and continued to form the basis of the
empire's laws, the Basilika (Greek: τὰ βασιλικά, 'imperial laws'), through the 15th
century. The Basilika in turn served as the basis for local legal codes in the
Balkans during the following Ottoman period and later formed the basis of the legal
code of Modern Greece. In Western Europe the Corpus Juris Civilis, or its successor
texts like the Basilika, did not get well established originally and was only
recovered in the Middle Ages, being "received" or imitated as private law. Its
public law content was quarried for arguments by both secular and ecclesiastical
authorities. This recovered Roman law, in turn, became the foundation of law in all
civil law jurisdictions. The provisions of the Corpus Juris Civilis also influenced
the canon law of the Catholic Church: it was said that ecclesia vivit lege romana –
the church lives by Roman law.[2] Its influence on common law legal systems has
been much smaller, although some basic concepts from the Corpus have survived
through Norman law – such as the contrast, especially in the Institutes, between
"law" (statute) and custom. The Corpus continues to have a major influence on
public international law. Its four parts thus constitute the foundation documents
of the Western legal tradition.
Contents
1 Compilation process
2 The four parts
2.1 Codex
2.1.1 Legislation about religion
2.1.1.1 Laws against heresy
2.1.1.2 Laws against paganism
2.2 Digesta
2.3 Institutions
2.4 Novellae
3 Continuation in the East
4 Recovery in the West
5 See also
6 References
7 External links
7.1 Latin texts
7.1.1 Corpus Iuris Civilis complete
7.1.2 Institutiones, Codex and Digesta
7.2 English translations
7.2.1 Corpus Iuris Civilis complete
7.2.2 Codex
7.2.3 Novellae
7.2.4 Selections
Compilation process
A little more than a year after the enactment of the first edition of the Code,
Justinian appointed a commission headed by Tribonian to compile the traditional
jurists' law in a new, shortened and contemporary codification: the 'Digest or
Pandects'.[3] The traditional collection of jurists' law, Justinian believed, was
so extensive that it had become unmanageable, necessitating a new compilation. The
commission completed its work within three years, in 533.[3]
Tribonian's commission surveyed the works of classical jurists who were assumed in
Justinian's time to have the authority to clarify law (ius respondendi) and whose
works were still available.[3] In total, there are excerpts from 38 jurists in the
Digest.[3]
Digesta
Main article: Digest (Roman law)
The Digesta or Pandectae, completed in 533, is a collection of juristic writings,
mostly dating back to the second and third centuries. Fragments were taken out of
various legal treatises and opinions and inserted in the Digest. In their original
context, the statements of the law contained in these fragments were just private
opinions of legal scholars – although some juristic writings had been privileged by
Theodosius II's Law of Citations in 426. The Digest, however, was given full force
of law.
Institutions
Main article: Institutes of Justinian
As the Digest neared completion, Tribonian and two professors, Theophilus and
Dorotheus, made a student textbook, called the Institutions or Elements. As there
were four elements, the manual consists of four books. The Institutiones are
largely based on the Institutiones of Gaius. Two-thirds of the Institutiones of
Justinian consists of literal quotes from Gaius. The new Institutiones were used as
a manual for jurists in training from 21 November 533 and were given the authority
of law on 30 December 533 along with the Digest.
Novellae
Main article: Novellae Constitutiones
The Novellae consisted of new laws that were passed after 534. They were later re-
worked into the Syntagma, a practical lawyer's edition, by Athanasios of Emesa
during the years 572–577.
Contents
1 Creation
2 Rediscovery
3 English translations
4 See also
5 References
6 Sources
7 External links
Creation
Justinian I depicted on a mosaic in the church of San Vitale, Ravenna, Italy
Shortly after Justinian became emperor in 527, he decided the empire's legal system
needed repair. There existed three codices of imperial laws and other individual
laws, many of which conflicted or were out of date. The Codex Gregorianus and the
Codex Hermogenianus were unofficial compilations. (The term "Codex" refers to the
physical aspect of the works, being in book form, rather than on papyrus rolls. The
transition to the codex occurred around AD 300.)[4] The Codex Theodosianus was an
official compilation ordered by Theodosius II.[4] In February 528, Justinian
promulgated the Constitutio Hac quae necessario, by which was created a ten-man
commission to review these earlier compilations as well as individual laws,
eliminate everything unnecessary or obsolete, make changes as it saw fit, and
create a single compilation of imperial laws in force.[5] The commission was headed
by the praetorian prefect, John the Cappadocian[6] and also included Tribonian, who
was later to head the other Corpus Juris Civilis projects.[7]
The commission finished its work in 14 months, and the compilation was promulgated
in April 529 by the Constitutio Summa.[8] However, this compilation did not
eliminate all the conflicts that had arisen over the years in Roman jurisprudence,
and the constitutions in the Code were to be used alongside the conflicting
opinions of ancient jurists. "The citation of the said constitutions of Our Code,
with the opinions of the ancient interpreters of the law, will suffice for the
disposal of all cases."[9] Justinian attempted to harmonize these conflicting
opinions by issuing his "Fifty Decisions" and by passing additional new laws. This
meant that his Code no longer reflected the latest imperial law. Thus, Justinian
ordered a new compilation to supersede the first, and this Codex was published in
534.[10] No copies of the first edition of the Code have survived; only a fragment
of an index of contents on an Egyptian papyrus remains.[11] Known as the Codex
Repetitae Praelectionis, this second edition of the Code was published on November
16, 534, and took effect on December 30.[12] The Codex consists of twelve books:
book 1 concerns ecclesiastical law, sources of law, and the duties of higher
offices; books 2–8 cover private law; book 9 deals with crimes; and books 10–12
contain administrative law. The Code's structure is based on ancient
classifications set out in the edictum perpetuum (perpetual edict), as is that of
the Digest.
Rediscovery
In the West, Justinian's Codex was largely lost, or in many places never present,
due to the limited western extent of the Byzantine territories. The Latin version
known today was painstakingly restored over many centuries. The only known
manuscript that once contained the entire Latin Codex is a Veronese palimpsest of
the 6th or 7th century; it is now only fragments.[13][14] Within its home in the
Byzantine Empire, the code was translated into Greek, which had become the
governing language, and adapted, in the 9th century as the Basilika. It appears as
if the Latin Code was shortened in the Middle Ages into an "Epitome Codex", with
inscriptions being dropped and numerous other changes made.[15] Some time in the
8th or 9th century, the last three books of the Code were separated from the
others, and many other laws in the first nine books, including all of those written
in Greek, were dropped.[16] Substantially complete versions of Justinian's Codex
were restored around the end of the 12th century, and the humanists of the 16th
century added the laws originally promulgated in Greek.[17] Paul Krüger created the
modern, standard version of the Codex in 1877.[18]
English translations
No English translatFrederick Barbarossa (1122 – 10 June 1190), also known as
Frederick I (German: Friedrich I, Italian: Federico I), was the Holy Roman Emperor
from 1155 until his death 35 years later. He was elected King of Germany at
Frankfurt on 4 March 1152 and crowned in Aachen on 9 March 1152. He was crowned
King of Italy on 24 April 1155 in Pavia and emperor by Pope Adrian IV on 18 June
1155 in Rome. Two years later, the term sacrum ("holy") first appeared in a
document in connection with his empire.[1] He was later formally crowned King of
Burgundy, at Arles on 30 June 1178. He was named Barbarossa by the northern Italian
cities which he attempted to rule: Barbarossa means "red beard" in Italian;[2] in
German, he was known as Kaiser Rotbart, which means “Emperor Redbeard” in English.
The prevalence of the Italian nickname, even in later German usage, reflects the
centrality of the Italian campaigns to his career.
Before his imperial election, Frederick was by inheritance Duke of Swabia (1147–
1152, as Frederick III). He was the son of Duke Frederick II of the Hohenstaufen
dynasty and Judith, daughter of Henry IX, Duke of Bavaria, from the rival House of
Welf. Frederick, therefore, descended from the two leading families in Germany,
making him an acceptable choice for the Empire's prince-electors.
Historians consider him among the Holy Roman Empire's greatest medieval emperors.
He combined qualities that made him appear almost superhuman to his contemporaries:
his longevity, his ambition, his extraordinary skills at organization, his
battlefield acumen and his political perspicacity. His contributions to Central
European society and culture include the reestablishment of the Corpus Juris
Civilis, or the Roman rule of law, which counterbalanced the papal power that
dominated the German states since the conclusion of the Investiture Controversy.
Frederick died in 1190 in Asia Minor while leading an army in the Third Crusade.
Contents
1 Biography
1.1 Early life
1.2 Second Crusade
1.3 Election
1.4 Rise to power
1.5 First Italian Campaign: 1154–55
1.6 Second, Third and Fourth Italian Campaigns: 1158–1174
1.7 Later years
1.8 Third Crusade
1.9 Death and burials
2 Frederick and the Justinian code
3 Economic policy
4 Charismatic leader
5 Legend
6 Children
7 Ancestry
8 In popular culture
9 See also
10 Notes
11 References
11.1 Citations
11.2 Sources
12 External links
Biography
Early life
Frederick was born in mid-December 1122 in Haguenau,[3] to Frederick II, Duke of
Swabia and Judith of Bavaria. He learned to ride, hunt and use weapons, but could
neither read nor write, and was also unable to speak the Latin language.[4] Later
on, he took part in the Hoftage during the reign of his uncle, King Conrad III, in
1141 in Strasbourg, 1142 in Konstanz, 1143 in Ulm, 1144 in Würzburg and 1145 in
Worms.
Second Crusade
In early 1147, Frederick joined the Second Crusade. His uncle, King Conrad III, had
taken the crusader vow in public on 28 December 1146. Frederick's father strongly
objected to his son's crusade. According to Otto of Freising, the duke berated his
brother, Conrad III, for permitting his son to go. The elder Frederick, who was
dying, expected his son to look after his widow and young half-brother.[5]
In August 1147, while crossing the Byzantine Empire, an ill crusader stopped in a
monastery outside Adrianople to recuperate. There he was robbed and killed. Conrad
ordered Frederick to avenge him. The duke of Swabia razed the monastery, captured
and executed the robbers and demanded a return of the stolen money. The
intervention of the Byzantine general Prosuch prevented a further escalation.[6]
A few weeks later, on 8 September, Frederick and Welf VI were among the few German
crusaders spared when flash flooding destroyed the main camp. They had encamped on
a hill away from the main army. The army reached Constantinople the following day.
[6]
Conrad III attempted to lead the army overland across Anatolia. Finding this too
difficult in the face of constant Turkish attacks near Dorylaeum, he turned back.
The rearguard was subsequently annihilated. Conrad sent Frederick ahead to inform
King Louis VII of France of the disaster and ask for help. The two armies, French
and German, then advanced together. When Conrad fell ill at Christmas in Ephesus,
he returned to Constantinople by ship with his main followers, including Frederick.
[6]
With Byzantine ships and money, the German army left Constantinople on 7 March 1148
and arrived in Acre on 11 April. After Easter, Conrad and Frederick visited
Jerusalem, where Frederick was impressed by the charitable works of the Knights
Hospitaller. He took part in the council that was held at Palmarea on 24 June,
where it was decided to attack Damascus.[6]
On the route home, Conrad III and Frederick stopped in Thessaloniki where they
swore oaths to uphold the treaty that Conrad had agreed with Emperor Manuel I
Komnenos the previous winter. This treaty obligated the Germans to attack King
Roger II of Sicily in cooperation with the Byzantines. After confirming the treaty,
Frederick was sent ahead to Germany. He passed through Bulgaria and Hungary and
arrived in Germany in April 1149.[6]
Election
When Conrad died in February 1152, only Frederick and the prince-bishop of Bamberg
were at his deathbed. Both asserted afterwards that Conrad had, in full possession
of his mental powers, handed the royal insignia to Frederick and indicated that
Frederick, rather than Conrad's own six-year-old son, the future Frederick IV, Duke
of Swabia, succeed him as king.[7] Frederick energetically pursued the crown and at
Frankfurt on 4 March 1152 the kingdom's princely electors designated him as the
next German king.[7]
He was crowned King of the Romans at Aachen several days later, on 9 March 1152.[8]
Frederick's father was from the Hohenstaufen family, and his mother was from the
Welf family, the two most powerful families in Germany. The Hohenstaufens were
often called Ghibellines, which derives from the Italianized name for Waiblingen
castle, the family seat in Swabia; the Welfs, in a similar Italianization, were
called Guelfs.[9]
The Germany that Frederick tried to unite was a patchwork of more than 1600
individual states, each with its own prince. A few of these, such as Bavaria and
Saxony, were large. Many were too small to pinpoint on a map.[13] The titles
afforded to the German king were "Caesar", "Augustus", and "Emperor of the Romans".
By the time Frederick would assume these, they were little more than propaganda
slogans with little other meaning.[14] Frederick was a pragmatist who dealt with
the princes by finding a mutual self-interest. Unlike Henry II of England,
Frederick did not attempt to end medieval feudalism, but rather tried to restore
it, though this was beyond his ability. The great players in the German civil war
had been the Pope, Emperor, Ghibellines, and the Guelfs, but none of these had
emerged as the winner.[15]
Rise to power
As Frederick approached the gates of Rome, the Pope advanced to meet him. At the
royal tent the king received him, and after kissing the pope's feet, Frederick
expected to receive the traditional kiss of peace.[26] Frederick had declined to
hold the Pope's stirrup while leading him to the tent, however, so Adrian refused
to give the kiss until this protocol had been complied with.[26] Frederick
hesitated, and Adrian IV withdrew; after a day's negotiation, Frederick agreed to
perform the required ritual, reportedly muttering, "Pro Petro, non Adriano -- For
Peter, not for Adrian."[26] Rome was still in an uproar over the fate of Arnold of
Brescia, so rather than marching through the streets of Rome, Frederick and Adrian
retired to the Vatican.
Disorder was again rampant in Germany, especially in Bavaria, but general peace was
restored by Frederick's vigorous, but conciliatory, measures. The duchy of Bavaria
was transferred from Henry II Jasomirgott, margrave of Austria, to Frederick's
formidable younger cousin Henry the Lion, Duke of Saxony,[29] of the House of
Guelph, whose father had previously held both duchies.[30] Henry II Jasomirgott was
named Duke of Austria in compensation for his loss of Bavaria. As part of his
general policy of concessions of formal power to the German princes and ending the
civil wars within the kingdom, Frederick further appeased Henry by issuing him with
the Privilegium Minus, granting him unprecedented entitlements as Duke of Austria.
This was a large concession on the part of Frederick, who realized that Henry the
Lion had to be accommodated, even to the point of sharing some power with him.
Frederick could not afford to make an outright enemy of Henry.[31]
On 9 June 1156 at Würzburg, Frederick married Beatrice of Burgundy, daughter and
heiress of Renaud III, thus adding to his possessions the sizeable realm of the
County of Burgundy. In an attempt to create comity, Emperor Frederick proclaimed
the Peace of the Land,[32] written between 1152 and 1157, which enacted punishments
for a variety of crimes, as well as systems for adjudicating many disputes. He also
declared himself the sole Augustus of the Roman world, ceasing to recognise Manuel
I at Constantinople.[33]
The death of Pope Adrian IV in 1159 led to the election of two rival popes,
Alexander III and the antipope Victor IV, and both sought Frederick's support.[41]
Frederick, busy with the siege of Crema, appeared unsupportive of Alexander III,
and after the sacking of Crema demanded that Alexander appear before the emperor at
Pavia and to accept the imperial decree.[42] Alexander refused, and Frederick
recognised Victor IV as the legitimate pope in 1160.[43] In response, Alexander III
excommunicated both Frederick I and Victor IV.[44] Frederick attempted to convoke a
joint council with King Louis VII of France in 1162 to decide the issue of who
should be pope.[43] Louis neared the meeting site, but when he became aware that
Frederick had stacked the votes for Alexander, Louis decided not to attend the
council. As a result, the issue was not resolved at that time.[45]
The political result of the struggle with Pope Alexander was an alliance formed
between the Norman state of Sicily and Pope Alexander III against Frederick.[46] In
the meantime, Frederick had to deal with another rebellion at Milan, in which the
city surrendered on 6 March 1162; much of it was destroyed three weeks later on the
emperor's orders.[47] The fate of Milan led to the submission of Brescia,
Placentia, and many other northern Italian cities.[48] Returning to Germany towards
the close of 1162, Frederick prevented the escalation of conflicts between Henry
the Lion from Saxony and a number of neighbouring princes who were growing weary of
Henry's power, influence, and territorial gains. He also severely punished the
citizens of Mainz for their rebellion against Archbishop Arnold. In Frederick's
third visit to Italy in 1163, his plans for the conquest of Sicily were ruined by
the formation of a powerful league against him, brought together mainly by
opposition to imperial taxes.[49]
In 1164 Frederick took what are believed to be the relics of the "Biblical Magi"
(the Wise Men or Three Kings) from the Basilica di Sant'Eustorgio in Milan and gave
them as a gift (or as loot) to the Archbishop of Cologne, Rainald of Dassel. The
relics had great religious significance and could be counted upon to draw pilgrims
from all over Christendom. Today they are kept in the Shrine of the Three Kings in
the Cologne cathedral. After the death of the antipope Victor IV, Frederick
supported antipope Paschal III, but he was soon driven from Rome, leading to the
return of Pope Alexander III in 1165.[50]
The Barbarossa Chandelier in Aachen Cathedral was donated by Frederick sometime
after 1165 as a tribute to Charlemagne.
In the meantime Frederick was focused on restoring peace in the Rhineland, where he
organized a magnificent celebration of the canonization of Charles the Great
(Charlemagne) at Aachen, under the authority of the antipope Paschal III. Concerned
over rumours that Alexander III was about to enter into an alliance with the
Byzantine Emperor Manuel I,[51] in October 1166 Frederick embarked on his fourth
Italian campaign, hoping as well to secure the claim of Paschal III and the
coronation of his wife Beatrice as Holy Roman Empress. This time, Henry the Lion
refused to join Frederick on his Italian trip, tending instead to his own disputes
with neighbors and his continuing expansion into Slavic territories in northeastern
Germany. In 1167 Frederick began besieging Ancona, which had acknowledged the
authority of Manuel I;[52] at the same time, his forces achieved a great victory
over the Romans at the Battle of Monte Porzio.[53] Heartened by this victory,
Frederick lifted the siege of Ancona and hurried to Rome, where he had his wife
crowned empress and also received a second coronation from Paschal III.[53]
Unfortunately, his campaign was halted by the sudden outbreak of an epidemic
(malaria or the plague), which threatened to destroy the Imperial army and drove
the emperor as a fugitive to Germany,[54][55] where he remained for the ensuing six
years. During this period, Frederick decided conflicting claims to various
bishoprics, asserted imperial authority over Bohemia, Poland, and Hungary,
initiated friendly relations with Manuel I, and tried to come to a better
understanding with Henry II of England and Louis VII of France. Many Swabian
counts, including his cousin the young Duke of Swabia, Frederick IV, died in 1167,
so he was able to organize a new mighty territory in the Duchy of Swabia under his
reign in this time. Consequently, his younger son Frederick V became the new Duke
of Swabia in 1167,[56] while his eldest son Henry was crowned King of the Romans in
1169, alongside his father who also retained the title.[54]
Later years
Frederick Barbarossa, middle, flanked by two of his children, King Henry VI (left)
and Duke Frederick VI (right). From the Historia Welforum.
Increasing anti-German sentiment swept through Lombardy, culminating in the
restoration of Milan in 1169.[57] In 1174 Frederick made his fifth expedition to
Italy. (It was probably during this time that the famous Tafelgüterverzeichnis, a
record of the royal estates, was made.[58]) He was opposed by the pro-papal Lombard
League (now joined by Venice, Sicily, and Constantinople), which had previously
formed to stand against him.[59] The cities of northern Italy had become
exceedingly wealthy through trade, representing a marked turning point in the
transition from medieval feudalism. While continental feudalism had remained strong
socially and economically, it was in deep political decline by the time of
Frederick Barbarossa. When the northern Italian cities inflicted a defeat on
Frederick at Alessandria in 1175, the European world was shocked.[60][61] With the
refusal of Henry the Lion to bring help to Italy, the campaign was a complete
failure. Frederick suffered a heavy defeat at the Battle of Legnano near Milan, on
29 May 1176, where he was wounded and for some time was believed to be dead.[62]
This battle marked the turning point in Frederick's claim to empire.[63] He had no
choice other than to begin negotiations for peace with Alexander III and the
Lombard League. In the Peace of Anagni in 1176, Frederick recognized Alexander III
as pope, and in the Peace of Venice in 1177, Frederick and Alexander III were
formally reconciled.[64] With decisions of Paschal III nullfied, Beatrice ceased to
be referred as empress.
The scene was similar to that which had occurred between Pope Gregory VII and Henry
IV, Holy Roman Emperor at Canossa a century earlier. The conflict was the same as
that resolved in the Concordat of Worms: Did the Holy Roman Emperor have the power
to name the pope and bishops? The Investiture controversy from previous centuries
had been brought to a tendentious peace with the Concordat of Worms and affirmed in
the First Council of the Lateran. Now it had recurred, in a slightly different
form. Frederick had to humble himself before Alexander III at Venice.[65] The
emperor acknowledged the pope's sovereignty over the Papal States, and in return
Alexander acknowledged the emperor's overlordship of the Imperial Church. Also in
the Peace of Venice, a truce was made with the Lombard cities, which took effect in
August 1178.[66] The grounds for a permanent peace were not established until 1183,
however, in the Peace of Constance, when Frederick conceded their right to freely
elect town magistrates. By this move, Frederick recovered his nominal domination
over Italy, which became his chief means of applying pressure on the papacy.[67]
In a move to consolidate his reign after the disastrous expedition into Italy,
Frederick was formally crowned King of Burgundy at Arles on 30 June 1178. Although
traditionally the German kings had automatically inherited the royal crown of Arles
since the time of Conrad II, Frederick felt the need to be crowned by the
Archbishop of Arles, regardless of his laying claim to the title from 1152.
The now secularised St Peter's Church at Petersberg Citadel, Erfurt, where Henry
the Lion submitted to Barbarossa in 1181
Frederick did not forgive Henry the Lion for refusing to come to his aid in 1176.
[68] By 1180, Henry had successfully established a powerful and contiguous state
comprising Saxony, Bavaria, and substantial territories in the north and east of
Germany. Taking advantage of the hostility of other German princes to Henry,
Frederick had Henry tried in absentia by a court of bishops and princes in 1180,
declared that imperial law overruled traditional German law, and had Henry stripped
of his lands and declared an outlaw.[69] He then invaded Saxony with an imperial
army to force his cousin to surrender. Henry's allies deserted him, and he finally
had to submit to Frederick at an Imperial Diet in Erfurt in November 1181.[70]
Henry spent three years in exile at the court of his father-in-law Henry II of
England in Normandy before being allowed back into Germany. He finished his days in
Germany, as the much-diminished Duke of Brunswick.[71] Frederick's desire for
revenge was sated. Henry the Lion lived a relatively quiet life, sponsoring arts
and architecture. Frederick's victory over Henry did not gain him as much in the
German feudalistic system as it would have in the English feudalistic system. While
in England the pledge of fealty went in a direct line from overlords to those under
them, the Germans pledged oaths only to the direct overlord, so that in Henry's
case, those below him in the feudal chain owed nothing to Frederick. Thus, despite
the diminished stature of Henry the Lion, Frederick did not gain his allegiances.
[72]
Frederick was faced with the reality of disorder among the German states, where
continuous civil wars were waged between pretenders and the ambitious who wanted
the crown for themselves. Italian unity under German rule was more myth than truth.
Despite proclamations of German hegemony, the pope was the most powerful force in
Italy.[73] When Frederick returned to Germany after his defeat in northern Italy,
he was a bitter and exhausted man. The German princes, far from being subordinated
to royal control, were intensifying their hold on wealth and power in Germany and
entrenching their positions. There began to be a generalized social desire to
"create greater Germany" by conquering the Slavs to the east.[74]
Although the Italian city states had achieved a measure of independence from
Frederick as a result of his failed fifth expedition into Italy,[75] the emperor
had not given up on his Italian dominions. In 1184, he held a massive celebration,
the Diet of Pentecost, when his two eldest sons were knighted, and thousands of
knights were invited from all over Germany. While payments upon the knighting of a
son were part of the expectations of an overlord in England and France, only a
"gift" was given in Germany for such an occasion. Frederick's monetary gain from
this celebration is said to have been modest.[76] Later in 1184, Frederick again
moved into Italy, this time joining forces with the local rural nobility to reduce
the power of the Tuscan cities.[77] In 1186, he engineered the marriage of his son
Henry to Constance of Sicily, heiress to the Kingdom of Sicily, over the objections
of Pope Urban III.[78]
Pope Urban III died shortly after, and was succeeded by Pope Gregory VIII, who even
as Papal Chancellor had pursued a more conciliatory line with the Emperor than
previous popes and was more concerned with troubling reports from the Holy Land
than with a power struggle with Barbarossa.[59]
Third Crusade
Main article: Third Crusade
At Strasbourg, Frederick had imposed a small tax on the Jews of Germany to fund the
crusade. He also put the Jews under his protection and forbade anyone to preach
against the Jews.[79] When mobs threatened the Jews of Mainz on the eve of the
assembly in March, Frederick sent the imperial marshal Henry of Kalden to disperse
them. Rabbi Moses then met with the emperor, which resulted in an imperial edict
threatening maiming or death for anyone who maimed or killed a Jew. On 29 March,
Frederick and the rabbi rode through the streets together. Frederick successfully
prevented a repeat of the massacres that had accompanied the First Crusade and
Second Crusade in Germany.[82]
The Crusaders passed through Hungary, Serbia, and Bulgaria before entering
Byzantine territory. Matters were complicated by a secret alliance between the
Emperor of Constantinople, Isaac II Angelos, and Saladin, warning of which was
supplied by a note from Sibylla, ex-Queen of Jerusalem.[90] While in Hungary,
Barbarossa personally asked the Hungarian Prince Géza, brother of King Béla III of
Hungary, to join the Crusade. The king agreed, and a Hungarian army of 2,000 men
led by Géza escorted the German emperor's forces.
The armies coming from western Europe pushed on through Anatolia, where they were
victorious at the Battle of Philomelium and defeated the Turks in the Battle of
Iconium,[b] eventually reaching as far as Cilician Armenia.[93] The approach of
Barbarossa's victorious German army greatly concerned Saladin, who was forced to
weaken his force at the Siege of Acre and send troops to the north to block the
arrival of the Germans.[94]
Barbarossa drowns in the Saleph, from the Gotha Manuscript of the Saxon World
Chronicle
A German expedition led by Johann Nepomuk Sepp to excavate the bones from the ruins
of the Crusader Cathedral in Tyre, 1879
The unexpected demise of Frederick left the Crusader army under the command of the
rivals Philip II and Richard, who had traveled to Palestine separately by sea, and
ultimately led to its dissolution. Richard continued to the East where he fought
Saladin, winning territories along the shores of Palestine, but ultimately failed
to win the war by conquering Jerusalem itself before he was forced to return to his
own territories in north-western Europe, known as the Angevin Empire. He returned
home after he signed the Treaty of Ramla agreeing that Jerusalem would remain under
Muslim control while allowing unarmed Christian pilgrims and traders to visit the
city. The treaty also reduced the Latin Kingdom to a geopolitical coastal strip
extending from Tyre to Jaffa.
In Germany, Frederick was a political realist, taking what he could and leaving the
rest. In Italy, he tended to be a romantic reactionary, reveling in the antiquarian
spirit of the age, exemplified by a revival of classical studies and Roman law. It
was through the use of the restored Justinian code that Frederick came to view
himself as a new Roman emperor.[109] Roman law gave a rational purpose for the
existence of Frederick and his imperial ambitions. It was a counterweight to the
claims of the Church to have authority because of divine revelation. The Church was
opposed to Frederick for ideological reasons, not the least of which was the
humanist nature found in the revival of the old Roman legal system.[110] When Pepin
the Short sought to become king of the Franks in the 8th century, the church needed
military protection, so Pepin found it convenient to make an ally of the pope.
Frederick, however, desired to put the pope aside and claim the crown of old Rome
simply because he was in the likeness of the greatest emperors of the pre-Christian
era. Pope Adrian IV was naturally opposed to this view and undertook a vigorous
propaganda campaign designed to diminish Frederick and his ambition. To a large
extent, this was successful.[111]
Economic policy
Frederick did little to encourage economic development in Germany prior to the
autumn of 1165. In that year he visited the lower Rhineland, the most economically
advanced region in Germany. He had already travelled to northern Italy, the most
economically advanced region in the Empire, three times. From 1165 on, Frederick
pursued economic policies to encourage growth and trade. There is no question that
his reign was a period of major economic growth in Germany, but it is impossible
now to determine how much of that growth was owed to Frederick's policies.[112]
The number of mints in Germany increased ninefold in the reign of Frederick and his
son Henry, from about two dozen mints at the start of his reign to 215 mints in
1197 and from a mere two[d] royal mints to 28. Frederick himself established at
least twelve royal mints, including those of Aachen, Donauwörth, Ulm, Haguenau,
Duisberg, Kaiserswerth, Frankfurt, Gelnhausen and Dortmund.[112] He also granted
privileges exempting the merchants of Aachen, Gelnhausen, Haguenau, Monza, Rome,
Pisa and Venice[e] from all tolls within the Empire.[113]
Charismatic leader
His character is such that not even those envious of his power can belittle its
praise. His person is well-proportioned. He is shorter than very tall men, but
taller and more noble than men of medium height. His hair is golden, curling a
little above his forehead ... His eyes are sharp and piercing, his beard reddish
[barba subrufa], his lips delicate ... His whole face is bright and cheerful. His
teeth are even and snow-white in color ... Modesty rather than anger causes him to
blush frequently. His shoulders are rather broad, and he is strongly built ...
Legend
Frederick sends out the boy to see whether the ravens still fly.
Frederick is the subject of many legends, including that of a sleeping hero, like
the much older British Celtic legends of Arthur or Bran the Blessed. Legend says he
is not dead, but asleep with his knights in a cave in the Kyffhäuser mountains in
Thuringia or Mount Untersberg at the border between Bavaria, Germany, and Salzburg,
Austria, and that when the ravens cease to fly around the mountain he will awake
and restore Germany to its ancient greatness. According to the story, his red beard
has grown through the table at which he sits. His eyes are half closed in sleep,
but now and then he raises his hand and sends a boy out to see if the ravens have
stopped flying.[117] A similar story, set in Sicily, was earlier attested about his
grandson, Frederick II.[118] To garner political support the German Empire built
atop the Kyffhäuser the Kyffhäuser Monument, which declared Kaiser Wilhelm I the
reincarnation of Frederick; the 1896 dedication occurred on 18 June, the day of
Frederick's coronation.[119]
In medieval Europe, the Golden Legend became refined by Jacopo da Voragine. This
was a popularized interpretation of the Biblical end of the world. It consisted of
three things: (1) terrible natural disasters; (2) the arrival of the Antichrist;
(3) the establishment of a good king to combat the anti-Christ. These millennial
fables were common and freely traded by the populations on Continental Europe. End-
time accounts had been around for thousands of years, but entered the Christian
tradition with the writings of the Apostle Peter. German propaganda played into the
exaggerated fables believed by the common people by characterizing Frederick
Barbarossa and Frederick II as personification of the "good king".[120]
Another legend states that when Barbarossa was in the process of seizing Milan in
1158, his wife, the Empress Beatrice, was taken captive by the enraged Milanese and
forced to ride through the city on a donkey in a humiliating manner. Some sources
of this legend indicate that Barbarossa implemented his revenge for this insult by
forcing the magistrates of the city to remove a fig from the anus of a donkey using
only their teeth.[121] Another source states that Barbarossa took his wrath upon
every able-bodied man in the city, and that it was not a fig they were forced to
hold in their mouth, but excrement from the donkey. To add to this debasement, they
were made to announce, "Ecco la fica" (meaning "behold the fig"), with the feces
still in their mouths. It used to be said that the insulting gesture (called fico),
of holding one's fist with the thumb in between the middle and forefinger came by
its origin from this event.[122]
Children
Frederick's first marriage, to Adelheid of Vohburg, did not produce any children
and was annulled.[123]
See also
Byzantine law
Code of Hammurabi
Corpus Juris Canonici
International Roman Law Moot Court
List of Roman laws
Twelve Tables
References
"Codex Justiniani I-IX, cum glosa /Franciscus Accursius, Guido de Suzaria ... e.a.
[manuscript]". lib.ugent.be. Retrieved 2020-08-26.
Patrick, David; Geddie, William (1923). Chambers's Encyclopaedia: A Dictionary of
Universal Knowledge. p. 324.
See generally, Honoré, 2003
Jolowicz, 1972, p. 463
Jolowicz, 1972, p. 479.
Caroline Humfress, "Law and Legal Practice in the Age of Justinian," in The Age of
Justinian 161, 163 (Michael Maas ed. 2005). Humfress also describes the diverse
forms of imperial enactments that were included.
Honoré, 2003, supra note 1
Honoré, 2003, supra note 1 at 803
Humfress, supra note 5 at 165, quoting the Constitutio Summa.
Honoré, supra note 1 at 804. For an English translation of the law putting this
second edition into force, see "Concerning the Correction of the Justinian Code,
and the Second Edition Thereof" (November 16, 534), translated by Justice Fred
Blume in the Annotated Justinian Code at page 4.
Wolfgang Kunkel, An Introduction to Roman Legal and Constitutional History 166
(J.M. Kelly trans. 2nd ed. 1973).
Jolowicz, 1972, supra note 2 at 494.
Jolowicz, 1972, supra note 2 at 495
Stephen L. Sass, Research in Roman Law; a Guide to the Sources and Their English
Translations, 56 Law Library Journal 210, 225 (1963).
Charles M. Radding & Antonio Ciaralli, The Corpus Iuris Civilis in the Middle
Ages: Manuscripts and Transmissions from the Sixth Century to the Juristic Revival
133 (2007); pages 133–168 give a detailed account of the Code's transmission in
this period.
s used today to refer to what remained of the Roman Empire in the Eastern
Mediterranean following the collapse of the Empire in the West. This Eastern empire
continued to practice Roman Law, and it was as the ruler of this empire that
Justinian formalized Roman law in his Corpus Juris Civilis. To account for the
language shift of the Empire's administration from Latin to Greek legal codes based
on the Corpus Juris Civilis were enacted in Greek. The most well known are:
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Justinian's Corpus Juris Civilis was distributed in the West[7] and went into
effect in those areas regained under Justinian's wars of reconquest (Pragmatic
Sanction of 554), including the Exarchate of Ravenna. Accordingly, the Institutes
were made the textbook at the law school in Rome, and later in Ravenna when the
school relocated there. However, after the loss of most of these areas, only the
Catepanate (southern Italy) maintained a Byzantine legal tradition, but there the
Corpus was superseded by the Ecloga and Basilika. Only the Corpus's provisions
regulating the church still had any effect, but the Catholic church's de facto
autonomy and the Great Schism made even that irrelevant. In Western Europe, the
Corpus may have spurred a slew of Romano-Germanic law codes in the successor
Germanic kingdoms, but these were heavily based on the older Theodosian Code, not
the Corpus.
Historians disagree on the precise way the Corpus was recovered in Northern Italy
about 1070: legal studies were undertaken on behalf of papal authority central to
the Gregorian Reform of Pope Gregory VII, which may have led to its accidental
rediscovery.[citation needed] Aside from the Littera Florentina (a complete 6th-
century copy of the Digest preserved in Amalfi and later moved to Pisa) and the
Epitome Codicis (c. 1050; incomplete manuscript preserving most of the Codex),
there may have been other manuscript sources for the text that began to be taught
at Bologna, by Pepo and then by Irnerius.[8] Irnerius' technique was to read a
passage aloud, which permitted his students to copy it, then to deliver an excursus
explaining and illuminating Justinian's text, in the form of glosses.[citation
needed] Irnerius' pupils, the so-called Four Doctors of Bologna, were among the
first of the "glossators" who established the curriculum of medieval Roman law. The
tradition was carried on by French lawyers, known as the Ultramontani, in the 13th
century.[citation needed]
The merchant classes of Italian communes required law with a concept of equity, and
law that covered situations inherent in urban life better than the primitive
Germanic oral traditions. The provenance of the Code appealed to scholars who saw
in the Holy Roman Empire a revival of venerable precedents from the classical
heritage. The new class of lawyers staffed the bureaucracies that were beginning to
be required by the princes of Europe. The University of Bologna, where Justinian's
Code was first taught, remained the dominant centre for the study of law through
the High Middle Ages.[9]
A two-volume edition of the Digest was published in Paris in 1549 and 1550,
translated by Antonio Agustín, Bishop of Tarragona, who was well known for other
legal works. The full title of the Digest was Digestorum Seu Pandectarum tomus
alter, and it was published by "Apud Carolam Guillards". Vol. 1 of the Digest has
2934 pages, while Vol. 2 has 2754 pages. Referring to Justinian's Code as Corpus
Juris Civilis was only adopted in the 16th century, when it was printed in 1583 by
Dionysius Gothofredus under this title. The legal thinking behind the Corpus Juris
Civilis served as the backbone of the single largest legal reform of the modern
age, the Napoleonic Code, which marked the abolition of feudalism. Napoleon wanted
to see these principles introduced to the whole of Europe because he saw them as an
effective form of rule that created a more equal society and thus creating a more
friendly relationship between the ruling class and the rest of the peoples of
Europe.[10]
The Corpus Juris Civilis was translated into French, German, Italian, and Spanish
in the 19th century.[11] However, no English translation of the entire Corpus Juris
Civilis existed until 1932 when Samuel Parsons Scott published his version The
Civil Law. Scott did not base his translation on the best available Latin versions,
and his work was severely criticized.[12] Fred. H. Blume used the best-regarded
Latin editions for his translations of the Code and of the Novels.[13] A new
English translation of the Code, based on Blume's, was published in October 2016.
[14] In 2018, the Cambridge University Press also published a new English
translation of the Novels, based primarily on the Greek text.[15]
See also