Nor are we much concerned about
occasional
disagreements of our
contributors, though we have sometimes indicated them in a note.
contributors, though we have sometimes indicated them in a note.
Cambridge Medieval History - v2 - Rise of the Saracens and Foundation of the Western Empire
This file was downloaded from HathiTrust Digital Library.
Find more books at https://www. hathitrust. org.
Title: The Cambridge medieval history / planned by J. B. Bury . . . ;
edited by H. M. Gwatkin . . . J. P. Whitney
Publisher: New York : Macmillan, 1926-36
Copyright:
Public Domain in the United States, Google-digitized
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We have determined this work to be in the public domain in the United
States of America. It may not be in the public domain in other countries.
Copies are provided as a preservation service. Particularly outside of the
United States, persons receiving copies should make appropriate efforts to
determine the copyright status of the work in their country and use the
work accordingly. It is possible that current copyright holders, heirs or
the estate of the authors of individual portions of the work, such as
illustrations or photographs, assert copyrights over these portions.
Depending on the nature of subsequent use that is made, additional rights
may need to be obtained independently of anything we can address. The
digital images and OCR of this work were produced by Google, Inc.
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Find this book online: https://hdl. handle. net/2027/mdp. 39015008955935
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Original from: University of Michigan
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## p. (#1) ##################################################
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-----
## p. (#2) ##################################################
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"A
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## p. (#4) ##################################################
）============--->
## p. (#5) ##################################################
## p. (#6) ##################################################
## p. i (#7) ################################################
THE
CAMBRIDGE
MEDIEVAL HISTORY
VOLUME II
S
## p. ii (#8) ###############################################
CAMBRIDGE UNIVERSITY PRESS
3Lombon: FETTER LANE, E. C.
C. F. CLAY, MANAGER
&binburgh: Ico, PRINCES STREET
36triin: A. ASHER AND CO.
Ltipyig: F. A. BROCKHAUS
$ombag amb Calcutta: MACMILLAN AND CO. , Ltd.
t
|
All rights reserved
Copyrighted in America f
º º
º
## p. iii (#9) ##############################################
THE
CAMBRIDGE
MEDIEVAL HISTORY
PLANNED BY
J. B. BURY, M. A.
REGIUS PROFESSOR OF MODERN HISTORY
EDITED BY
H. M. GWATKIN, M. A.
J. P. WHITNEY, B. D.
L
VOLUME II
THE RISE OF THE SARACENS AND THE
FOUNDATION OF THE WESTERN EMPIRE
CAMBRIDGE
AT THE UNIVERSITY PRESS
r
1913
## p. iv (#10) ##############################################
Cambringt:
PRINTED BY JOHN CLAY, M. A.
At the UNIVERSITY PRESS
## p. v (#11) ###############################################
PREFACE.
THE present volume of the Cambridge Medieval History covers the
stormy period of about three hundred years from Justinian to
Charles the Great inclusive. It is a time little known to the general
reader, and even students of history in this country seldom turn their
attention to any part of it but the Conversion of the English. Hence,
English books are scarce—Dr Hodgkin's Italy and her Invaders is the
brilliant exception which proves the rule—and the editors have had to
rely more on foreign scholars than in the former volume. Some indeed of
the chapters treat of subjects on which very little has ever been written
in English, such as the Visigoths in Spain, the organisation of Imperial
Italy and Africa, the Saracen invasions of Sicily and Italy, and the early
history and expansion of the Slavs.
Professor Diehl begins with two chapters on Justinian, one dealing
with the conquest of Africa and Italy by Belisarius and Narses, and the
imperial restoration in the West, the other devoted to the administration
in the East—the Empress Theodora and her influence, Justinian's
buildings and diplomacy, and government civil and ecclesiastical.
The city of Constantinople is reserved for the same writer in
Volume IV. Dr Roby follows, with a general survey of Roman Law, of
its history and growth, and of its completion by the legislation of
Justinian. A survey of this kind has hardly been attempted since the
famous forty-fourth chapter of Gibbon. Then Professor Pfister takes
up the story of the Franks at the accession of Clovis, where he left it in
the first volume, and traces the growth and decline of the Merovingian
kingdom to the deposition of the last of the rots Jainiants. He then
follows it up with another chapter on the political and social institutions
of Gaul in Merovingian times—the King, the Mayor of the Palace, the
Bishop, the origin of the benefice, the state of literature and commerce.
In the next chapter we turn with Dr Altamira to the Visigoths in
Spain, and follow their stormy history from the defeat at Vougle, through
the Councils of Toledo, to the times of Count Julian and the Saracen
Conquest, and to some further discussion of Gothic law. The next writer
258588
## p. vi (#12) ##############################################
yi Preface
is Dr Hartmann, who traces the early history of the Lombards and their
settlement in Italy, their conversion and the story of Theodelinda.
After her come Rothari and Grimoald, and the great king Liutprand,
and parallel with the main narrative is traced the history of the duchies
of Friuli and Spoleto. So he comes to the conquests of Aistulf and the
Frankish intervention, and then to the reign of Desiderius, under whom
the Lombard power seemed to reach its height—and vanished in a moment
at the touch of Charles the Great. The next section, also by Dr Hart-
mann, is on the Byzantine administration of Africa and Italy. Its special
interest is the development of local powers in Italy—not only the
Pontifical State, but Venice and other cities. We can see before the
fall of the Byzantine power that Italy will be a land of cities. Then
Archdeacon Hutton takes up the life of Gregory the Great. He has to
tell of Gregory's administration and his measures for the defence of
Rome from the Lombards, of his dealings with Emperor and Patriarch,
of his relations with Brunhild and Theodelinda, and of his oversight of
all the Western churches, reserving only the Mission to the English for
a later chapter. Then Mr Norman Baynes gives a living picture of
Justinian's successors—the unpractical Justin, the pedant Maurice, the
crusader Heraclius, and of the tremendous vicissitudes of the Persian
War, with Persians and Avars at one time besieging Constantinople, and
Heraclius within two years winning the battle of Nineveh, and dictating
peace from the heart of Media. The next three chapters are devoted
to Islam. If this is the most brilliant part of Gibbon's narrative, it is
also the part which more than almost any other needs revision in the
light of later research. Professor Bevan begins with the life of Mahomet,
and Dr Becker of Hamburg follows with the expansion of the Saracens,
relating in one chapter their conquest of Syria and Egypt, the overthrow
of Persia, and the rise and fall of the Umayyads. In another he traces
their westward course through Africa and Egypt to Spain till their
defeat at Tours, and then turns to the formation of Muslim kingdoms,
their conquest of Sicily and their attacks on Italy to the coming of the
Normans. Mr Brooks takes the successors of Heraclius to the coming
of Leo the Isaurian. The chief topics of this chapter are the advance
of the Arabs and their attacks on Constantinople, the history of
the Monothelete Controversy, and the fall of the Heraclian dynasty.
Dr Peisker takes us into a new region, describing the original country of
the Slavs, their society and religion, and their modes of warfare. He
then discusses their place in history, their relations to their German and
Altaian conquerors, their spread on the German border and in the
Balkan countries, and the new social conditions which prevailed when
## p. vii (#13) #############################################
Preface vii
Slav states became independent. Professor Camille Jullian's section on
Keltic heathenism in Gaul goes back to the times of Caesar, but it
coheres closely with Sir E. Anwyl's pages on Keltic heathenism in the
British Isles. These are placed here rather than in the former volume
for the purpose of bringing them into connexion not only with Germanic
heathenism but with the Christianity which replaced them. Our material,
not rich for Gaul, is scanty for Britain: it is only when we come to
Germanic heathenism—the section taken by Miss Phillpotts—that we
seem to see the living power of the religion. The next is an analogous
chapter devoted to Christianity. Mr Warren first tells us the little that
is known of Christianity in Roman Britain, then relates the story of its
spread to Ireland and Scotland. In another section Mr Whitney traces
first the conversion of the English from Augustine's landing through the
reigns of Edwin and Oswald to the decisive victory at Winwaedfield,
followed by the Synod of Whitby and the coming of Theodore. He
then turns to Germany, where the story gathers round the names of
Columbanus, Willibrord and Boniface, and stops short of Charles the
Great's conversion of the Saxons by the sword. Mr Corbett takes up
the history and institutions of the English from Edwin's time to the
death of OfFa. The thread of his narrative is the growth of Mercia—
the ups and downs of its long struggle under Penda with Northumbria,
the revolt under Wulfhere, and the formation of the commanding power
wielded by Aethelbald and Offa. Its overthrow by Ecgbert belongs to
the next volume. Mr Burr contributes a short chapter on the eventful
reign of Pepin—a man whose fame is unduly eclipsed by that of the
great Emperor who followed him. Its main lines are the change of
dynasty, the intervention in Italy, the Donation, and the conquest of
Aquitaine. Then Dr Gerhard Seeliger surveys the Conquests and
Imperial Coronation of Charles the Great. He begins with the destruc-
tion of the Lombard kingdom, the precarious submission of Benevento
and the settlement of Italian affairs: then come the disaster of
Roncevalles and the gradual formation of the Spanish March. After
this the annexation of Bavaria, the break-up of the Avars, and the long
wars with Saxons and Danes. There remain the idea of the Empire, the
events which led to the Coronation and its meaning, and Charles' relations
to the Eastern Empire. Professor Vinogradoff then discusses the
foundations of society and the origins of Feudalism. He describes the
various forms of kinship, natural and artificial, the organisation of
society, the growth of kingship, taxation, the beneficium, and the fusion
of Roman and Germanic influences which resulted in Feudalism.
Dr Seeliger returns to the legislation and administration of Charles the
## p. viii (#14) ############################################
viii Preface
Great. He marks the theocratic character of the Carlovingian State,
and proceeds to describe the king and his court, the royal revenues, the
military system, the assemblies, the legislation, the provincial officials,
the missi dominici, and the failure of the central power, and of the
Empire with it. Dr Foakes-Jackson concludes with a survey of the
growth of the Papacy, chiefly from Gregory to Charles the Great—of its
relations to the Empire and the Lombards, of its negotiations with the
Franks, of the Frankish intervention and the beginnings of the Temporal
Power, and of the circumstances and significance of the Imperial
Coronation. He covers much the same period as Professor Seeliger,
but he puts the Papacy instead of the Franks in the foreground of his
picture.
We are indebted to our critics for many hints and some corrections,
and we gratefully acknowledge their appreciation of the splendid work
done by Dr Peisker and others of our valued contributors: but on one
important question we are quite impenitent. The repetitions of which
some of them complain are not due to any carelessness in editing, but to
the deliberate belief of the Editors that some events may with advantage
be related more than once by different writers in different connexions
and from different points of view. Thus, to take an instance actually
given, the sack of Rome by Gaiseric is a cardinal event in the history of
the Vandals, and a cardinal event in that of the last days of the Empire
in the West. In which chapter would they advise us to leave it out?
Repetitions there must be, if individual chapters are not to be mutilated.
Nor are we much concerned about occasional disagreements of our
contributors, though we have sometimes indicated them in a note.
Consistency is always a virtue in a single writer; not always in a
composite work like this. We have often called the attention of one
contributor to the fact that another is of a different opinion; but we
see no advantage in endeavouring to conceal the fact that students of
history do not always come to the same conclusions.
Our best thanks are due to Miss A. D. Greenwood for the laborious
work of preparing the maps and the index: also to Professor Bevan for
settling the orthography of unfamiliar Oriental names.
H. M. G.
J. P. W.
April 1913.
## p. ix (#15) ##############################################
IX
TABLE OF CONTENTS.
CHAPTER I.
JUSTINIAN. THE IMPERIAL RESTORATION IN THE WEST.
By Charles Diehl, Member of the Institute of France,
Professor at the University of Paris. -
Accession of Justin
Justinian's character
Justinian's aims .
Last years of Tlieodoric
The Persian War.
The Nika riot
The Byzantine army
Conquest of Africa
Conquest of Italy.
Totila .
End of the Gothic kingdom
Imperial position of Justinian
Administration in Africa, and Italy
Results of Justinian's reign .
/
i
PAGE
1
2
4
<;
7
! l
11
12
14
17
18
1! >
2(1
24
CHAPTER II.
JUSTINIAN'S GOVERNMENT IN THE EAST.
By Professor Charles Diehl.
Early life and marriage of Theodora 25
Her religious policy 27
The Persian VVa*, 28
The Huns 31
Justinian's fortresses and other buildings . . . . . 32
Justinian's diplomacy . . . . . . . . . 34
Domestic government of the East 37
Constantinople imd its trade 40
Fiscal oppression . . . . . . . . . . 42
The Church 43
Dealings with tie Monophysites 46
Pope Vigilius . . . . . . . . . . 47
Last years and results of Justinian's reign . . . . . 50
C. MEJ). H. VOL.
Nor are we much concerned about occasional disagreements of our
contributors, though we have sometimes indicated them in a note.
Consistency is always a virtue in a single writer; not always in a
composite work like this. We have often called the attention of one
contributor to the fact that another is of a different opinion; but we
see no advantage in endeavouring to conceal the fact that students of
history do not always come to the same conclusions.
Our best thanks are due to Miss A. D. Greenwood for the laborious
work of preparing the maps and the index: also to Professor Bevan for
settling the orthography of unfamiliar Oriental names.
H. M. G.
J. P. W.
April 1913.
## p. ix (#15) ##############################################
IX
TABLE OF CONTENTS.
CHAPTER I.
JUSTINIAN. THE IMPERIAL RESTORATION IN THE WEST.
By Charles Diehl, Member of the Institute of France,
Professor at the University of Paris. -
Accession of Justin
Justinian's character
Justinian's aims .
Last years of Tlieodoric
The Persian War.
The Nika riot
The Byzantine army
Conquest of Africa
Conquest of Italy.
Totila .
End of the Gothic kingdom
Imperial position of Justinian
Administration in Africa, and Italy
Results of Justinian's reign .
/
i
PAGE
1
2
4
<;
7
! l
11
12
14
17
18
1! >
2(1
24
CHAPTER II.
JUSTINIAN'S GOVERNMENT IN THE EAST.
By Professor Charles Diehl.
Early life and marriage of Theodora 25
Her religious policy 27
The Persian VVa*, 28
The Huns 31
Justinian's fortresses and other buildings . . . . . 32
Justinian's diplomacy . . . . . . . . . 34
Domestic government of the East 37
Constantinople imd its trade 40
Fiscal oppression . . . . . . . . . . 42
The Church 43
Dealings with tie Monophysites 46
Pope Vigilius . . . . . . . . . . 47
Last years and results of Justinian's reign . . . . . 50
C. MEJ). H. VOL. II. 6
## p. x (#16) ###############################################
Contents
CHAPTER III.
ROMAN LAW.
By H. J. Roby, M. A. , Hon. LL. D. Camb. and Edin. ,
Hon. Fellow of St John's College, Cambridge.
PAGE
Modern influence of Roman Law . . . . . . 63
Sources of Law . . . . . . . . . . 54
The Codex Theodosianus . . . . . . . . 55
Barbarien revisions of it . . . . . . . 57
Legislation of Justinian . . . . . . . . 59
Slaves, Freedmen, Serfs 62
Patria potestas—Adoption . . . . . . . . 66
Guardianship . . . . . . . . . . 68
Marriage . . . . . . . . . . . 70
Divorce . . . . . . . . . . . 74
Concubinage and Legitimation . . . . . . . 76
Wills and Inheritance 78
Trusts 82
Intestacy . . . . . . . . . . . 85
Gifts 87
Property—Servitudes—Emphyteusis 88
Obligations 90
Interest—Sureties 92
Purchase and Sale—Lease and Hire 94
Partnership—Companies 95
Delicts 99
Procedure 100
Evidence 101
Criminal Law . . . . . . . . . . 103
Crimes 105
Punishments . . . . . . .
Find more books at https://www. hathitrust. org.
Title: The Cambridge medieval history / planned by J. B. Bury . . . ;
edited by H. M. Gwatkin . . . J. P. Whitney
Publisher: New York : Macmillan, 1926-36
Copyright:
Public Domain in the United States, Google-digitized
http://www. hathitrust. org/access_use#pd-us-google
We have determined this work to be in the public domain in the United
States of America. It may not be in the public domain in other countries.
Copies are provided as a preservation service. Particularly outside of the
United States, persons receiving copies should make appropriate efforts to
determine the copyright status of the work in their country and use the
work accordingly. It is possible that current copyright holders, heirs or
the estate of the authors of individual portions of the work, such as
illustrations or photographs, assert copyrights over these portions.
Depending on the nature of subsequent use that is made, additional rights
may need to be obtained independently of anything we can address. The
digital images and OCR of this work were produced by Google, Inc.
(indicated by a watermark on each page in the PageTurner). Google requests
that the images and OCR not be re-hosted, redistributed or used
commercially. The images are provided for educational, scholarly,
non-commercial purposes.
Find this book online: https://hdl. handle. net/2027/mdp. 39015008955935
This file has been created from the computer-extracted text of scanned page
images. Computer-extracted text may have errors, such as misspellings,
unusual characters, odd spacing and line breaks.
Original from: University of Michigan
Digitized by: Google
Generated at University of Chicago on 2023-01-10 06:24 GMT
## p. (#1) ##################################################
C：
，
cr：
·
©
cael
-
-----
## p. (#2) ##################################################
r
1
## p. (#3) ##################################################
"A
f
<£
## p. (#4) ##################################################
）============--->
## p. (#5) ##################################################
## p. (#6) ##################################################
## p. i (#7) ################################################
THE
CAMBRIDGE
MEDIEVAL HISTORY
VOLUME II
S
## p. ii (#8) ###############################################
CAMBRIDGE UNIVERSITY PRESS
3Lombon: FETTER LANE, E. C.
C. F. CLAY, MANAGER
&binburgh: Ico, PRINCES STREET
36triin: A. ASHER AND CO.
Ltipyig: F. A. BROCKHAUS
$ombag amb Calcutta: MACMILLAN AND CO. , Ltd.
t
|
All rights reserved
Copyrighted in America f
º º
º
## p. iii (#9) ##############################################
THE
CAMBRIDGE
MEDIEVAL HISTORY
PLANNED BY
J. B. BURY, M. A.
REGIUS PROFESSOR OF MODERN HISTORY
EDITED BY
H. M. GWATKIN, M. A.
J. P. WHITNEY, B. D.
L
VOLUME II
THE RISE OF THE SARACENS AND THE
FOUNDATION OF THE WESTERN EMPIRE
CAMBRIDGE
AT THE UNIVERSITY PRESS
r
1913
## p. iv (#10) ##############################################
Cambringt:
PRINTED BY JOHN CLAY, M. A.
At the UNIVERSITY PRESS
## p. v (#11) ###############################################
PREFACE.
THE present volume of the Cambridge Medieval History covers the
stormy period of about three hundred years from Justinian to
Charles the Great inclusive. It is a time little known to the general
reader, and even students of history in this country seldom turn their
attention to any part of it but the Conversion of the English. Hence,
English books are scarce—Dr Hodgkin's Italy and her Invaders is the
brilliant exception which proves the rule—and the editors have had to
rely more on foreign scholars than in the former volume. Some indeed of
the chapters treat of subjects on which very little has ever been written
in English, such as the Visigoths in Spain, the organisation of Imperial
Italy and Africa, the Saracen invasions of Sicily and Italy, and the early
history and expansion of the Slavs.
Professor Diehl begins with two chapters on Justinian, one dealing
with the conquest of Africa and Italy by Belisarius and Narses, and the
imperial restoration in the West, the other devoted to the administration
in the East—the Empress Theodora and her influence, Justinian's
buildings and diplomacy, and government civil and ecclesiastical.
The city of Constantinople is reserved for the same writer in
Volume IV. Dr Roby follows, with a general survey of Roman Law, of
its history and growth, and of its completion by the legislation of
Justinian. A survey of this kind has hardly been attempted since the
famous forty-fourth chapter of Gibbon. Then Professor Pfister takes
up the story of the Franks at the accession of Clovis, where he left it in
the first volume, and traces the growth and decline of the Merovingian
kingdom to the deposition of the last of the rots Jainiants. He then
follows it up with another chapter on the political and social institutions
of Gaul in Merovingian times—the King, the Mayor of the Palace, the
Bishop, the origin of the benefice, the state of literature and commerce.
In the next chapter we turn with Dr Altamira to the Visigoths in
Spain, and follow their stormy history from the defeat at Vougle, through
the Councils of Toledo, to the times of Count Julian and the Saracen
Conquest, and to some further discussion of Gothic law. The next writer
258588
## p. vi (#12) ##############################################
yi Preface
is Dr Hartmann, who traces the early history of the Lombards and their
settlement in Italy, their conversion and the story of Theodelinda.
After her come Rothari and Grimoald, and the great king Liutprand,
and parallel with the main narrative is traced the history of the duchies
of Friuli and Spoleto. So he comes to the conquests of Aistulf and the
Frankish intervention, and then to the reign of Desiderius, under whom
the Lombard power seemed to reach its height—and vanished in a moment
at the touch of Charles the Great. The next section, also by Dr Hart-
mann, is on the Byzantine administration of Africa and Italy. Its special
interest is the development of local powers in Italy—not only the
Pontifical State, but Venice and other cities. We can see before the
fall of the Byzantine power that Italy will be a land of cities. Then
Archdeacon Hutton takes up the life of Gregory the Great. He has to
tell of Gregory's administration and his measures for the defence of
Rome from the Lombards, of his dealings with Emperor and Patriarch,
of his relations with Brunhild and Theodelinda, and of his oversight of
all the Western churches, reserving only the Mission to the English for
a later chapter. Then Mr Norman Baynes gives a living picture of
Justinian's successors—the unpractical Justin, the pedant Maurice, the
crusader Heraclius, and of the tremendous vicissitudes of the Persian
War, with Persians and Avars at one time besieging Constantinople, and
Heraclius within two years winning the battle of Nineveh, and dictating
peace from the heart of Media. The next three chapters are devoted
to Islam. If this is the most brilliant part of Gibbon's narrative, it is
also the part which more than almost any other needs revision in the
light of later research. Professor Bevan begins with the life of Mahomet,
and Dr Becker of Hamburg follows with the expansion of the Saracens,
relating in one chapter their conquest of Syria and Egypt, the overthrow
of Persia, and the rise and fall of the Umayyads. In another he traces
their westward course through Africa and Egypt to Spain till their
defeat at Tours, and then turns to the formation of Muslim kingdoms,
their conquest of Sicily and their attacks on Italy to the coming of the
Normans. Mr Brooks takes the successors of Heraclius to the coming
of Leo the Isaurian. The chief topics of this chapter are the advance
of the Arabs and their attacks on Constantinople, the history of
the Monothelete Controversy, and the fall of the Heraclian dynasty.
Dr Peisker takes us into a new region, describing the original country of
the Slavs, their society and religion, and their modes of warfare. He
then discusses their place in history, their relations to their German and
Altaian conquerors, their spread on the German border and in the
Balkan countries, and the new social conditions which prevailed when
## p. vii (#13) #############################################
Preface vii
Slav states became independent. Professor Camille Jullian's section on
Keltic heathenism in Gaul goes back to the times of Caesar, but it
coheres closely with Sir E. Anwyl's pages on Keltic heathenism in the
British Isles. These are placed here rather than in the former volume
for the purpose of bringing them into connexion not only with Germanic
heathenism but with the Christianity which replaced them. Our material,
not rich for Gaul, is scanty for Britain: it is only when we come to
Germanic heathenism—the section taken by Miss Phillpotts—that we
seem to see the living power of the religion. The next is an analogous
chapter devoted to Christianity. Mr Warren first tells us the little that
is known of Christianity in Roman Britain, then relates the story of its
spread to Ireland and Scotland. In another section Mr Whitney traces
first the conversion of the English from Augustine's landing through the
reigns of Edwin and Oswald to the decisive victory at Winwaedfield,
followed by the Synod of Whitby and the coming of Theodore. He
then turns to Germany, where the story gathers round the names of
Columbanus, Willibrord and Boniface, and stops short of Charles the
Great's conversion of the Saxons by the sword. Mr Corbett takes up
the history and institutions of the English from Edwin's time to the
death of OfFa. The thread of his narrative is the growth of Mercia—
the ups and downs of its long struggle under Penda with Northumbria,
the revolt under Wulfhere, and the formation of the commanding power
wielded by Aethelbald and Offa. Its overthrow by Ecgbert belongs to
the next volume. Mr Burr contributes a short chapter on the eventful
reign of Pepin—a man whose fame is unduly eclipsed by that of the
great Emperor who followed him. Its main lines are the change of
dynasty, the intervention in Italy, the Donation, and the conquest of
Aquitaine. Then Dr Gerhard Seeliger surveys the Conquests and
Imperial Coronation of Charles the Great. He begins with the destruc-
tion of the Lombard kingdom, the precarious submission of Benevento
and the settlement of Italian affairs: then come the disaster of
Roncevalles and the gradual formation of the Spanish March. After
this the annexation of Bavaria, the break-up of the Avars, and the long
wars with Saxons and Danes. There remain the idea of the Empire, the
events which led to the Coronation and its meaning, and Charles' relations
to the Eastern Empire. Professor Vinogradoff then discusses the
foundations of society and the origins of Feudalism. He describes the
various forms of kinship, natural and artificial, the organisation of
society, the growth of kingship, taxation, the beneficium, and the fusion
of Roman and Germanic influences which resulted in Feudalism.
Dr Seeliger returns to the legislation and administration of Charles the
## p. viii (#14) ############################################
viii Preface
Great. He marks the theocratic character of the Carlovingian State,
and proceeds to describe the king and his court, the royal revenues, the
military system, the assemblies, the legislation, the provincial officials,
the missi dominici, and the failure of the central power, and of the
Empire with it. Dr Foakes-Jackson concludes with a survey of the
growth of the Papacy, chiefly from Gregory to Charles the Great—of its
relations to the Empire and the Lombards, of its negotiations with the
Franks, of the Frankish intervention and the beginnings of the Temporal
Power, and of the circumstances and significance of the Imperial
Coronation. He covers much the same period as Professor Seeliger,
but he puts the Papacy instead of the Franks in the foreground of his
picture.
We are indebted to our critics for many hints and some corrections,
and we gratefully acknowledge their appreciation of the splendid work
done by Dr Peisker and others of our valued contributors: but on one
important question we are quite impenitent. The repetitions of which
some of them complain are not due to any carelessness in editing, but to
the deliberate belief of the Editors that some events may with advantage
be related more than once by different writers in different connexions
and from different points of view. Thus, to take an instance actually
given, the sack of Rome by Gaiseric is a cardinal event in the history of
the Vandals, and a cardinal event in that of the last days of the Empire
in the West. In which chapter would they advise us to leave it out?
Repetitions there must be, if individual chapters are not to be mutilated.
Nor are we much concerned about occasional disagreements of our
contributors, though we have sometimes indicated them in a note.
Consistency is always a virtue in a single writer; not always in a
composite work like this. We have often called the attention of one
contributor to the fact that another is of a different opinion; but we
see no advantage in endeavouring to conceal the fact that students of
history do not always come to the same conclusions.
Our best thanks are due to Miss A. D. Greenwood for the laborious
work of preparing the maps and the index: also to Professor Bevan for
settling the orthography of unfamiliar Oriental names.
H. M. G.
J. P. W.
April 1913.
## p. ix (#15) ##############################################
IX
TABLE OF CONTENTS.
CHAPTER I.
JUSTINIAN. THE IMPERIAL RESTORATION IN THE WEST.
By Charles Diehl, Member of the Institute of France,
Professor at the University of Paris. -
Accession of Justin
Justinian's character
Justinian's aims .
Last years of Tlieodoric
The Persian War.
The Nika riot
The Byzantine army
Conquest of Africa
Conquest of Italy.
Totila .
End of the Gothic kingdom
Imperial position of Justinian
Administration in Africa, and Italy
Results of Justinian's reign .
/
i
PAGE
1
2
4
<;
7
! l
11
12
14
17
18
1! >
2(1
24
CHAPTER II.
JUSTINIAN'S GOVERNMENT IN THE EAST.
By Professor Charles Diehl.
Early life and marriage of Theodora 25
Her religious policy 27
The Persian VVa*, 28
The Huns 31
Justinian's fortresses and other buildings . . . . . 32
Justinian's diplomacy . . . . . . . . . 34
Domestic government of the East 37
Constantinople imd its trade 40
Fiscal oppression . . . . . . . . . . 42
The Church 43
Dealings with tie Monophysites 46
Pope Vigilius . . . . . . . . . . 47
Last years and results of Justinian's reign . . . . . 50
C. MEJ). H. VOL.
Nor are we much concerned about occasional disagreements of our
contributors, though we have sometimes indicated them in a note.
Consistency is always a virtue in a single writer; not always in a
composite work like this. We have often called the attention of one
contributor to the fact that another is of a different opinion; but we
see no advantage in endeavouring to conceal the fact that students of
history do not always come to the same conclusions.
Our best thanks are due to Miss A. D. Greenwood for the laborious
work of preparing the maps and the index: also to Professor Bevan for
settling the orthography of unfamiliar Oriental names.
H. M. G.
J. P. W.
April 1913.
## p. ix (#15) ##############################################
IX
TABLE OF CONTENTS.
CHAPTER I.
JUSTINIAN. THE IMPERIAL RESTORATION IN THE WEST.
By Charles Diehl, Member of the Institute of France,
Professor at the University of Paris. -
Accession of Justin
Justinian's character
Justinian's aims .
Last years of Tlieodoric
The Persian War.
The Nika riot
The Byzantine army
Conquest of Africa
Conquest of Italy.
Totila .
End of the Gothic kingdom
Imperial position of Justinian
Administration in Africa, and Italy
Results of Justinian's reign .
/
i
PAGE
1
2
4
<;
7
! l
11
12
14
17
18
1! >
2(1
24
CHAPTER II.
JUSTINIAN'S GOVERNMENT IN THE EAST.
By Professor Charles Diehl.
Early life and marriage of Theodora 25
Her religious policy 27
The Persian VVa*, 28
The Huns 31
Justinian's fortresses and other buildings . . . . . 32
Justinian's diplomacy . . . . . . . . . 34
Domestic government of the East 37
Constantinople imd its trade 40
Fiscal oppression . . . . . . . . . . 42
The Church 43
Dealings with tie Monophysites 46
Pope Vigilius . . . . . . . . . . 47
Last years and results of Justinian's reign . . . . . 50
C. MEJ). H. VOL. II. 6
## p. x (#16) ###############################################
Contents
CHAPTER III.
ROMAN LAW.
By H. J. Roby, M. A. , Hon. LL. D. Camb. and Edin. ,
Hon. Fellow of St John's College, Cambridge.
PAGE
Modern influence of Roman Law . . . . . . 63
Sources of Law . . . . . . . . . . 54
The Codex Theodosianus . . . . . . . . 55
Barbarien revisions of it . . . . . . . 57
Legislation of Justinian . . . . . . . . 59
Slaves, Freedmen, Serfs 62
Patria potestas—Adoption . . . . . . . . 66
Guardianship . . . . . . . . . . 68
Marriage . . . . . . . . . . . 70
Divorce . . . . . . . . . . . 74
Concubinage and Legitimation . . . . . . . 76
Wills and Inheritance 78
Trusts 82
Intestacy . . . . . . . . . . . 85
Gifts 87
Property—Servitudes—Emphyteusis 88
Obligations 90
Interest—Sureties 92
Purchase and Sale—Lease and Hire 94
Partnership—Companies 95
Delicts 99
Procedure 100
Evidence 101
Criminal Law . . . . . . . . . . 103
Crimes 105
Punishments . . . . . . .
