APPLICATION OF ROMAN LAW BY COUNCILS IN THE SIXTH CENTURY by E. J. JONKERS (Winschoten). The application of Roman law by the Church legislator in the West, before the Decretum Gratiani has been treated many times 1). With regard to the later part of the 5th century and also to the 6th century, when the Church first used Roman law, the interest of scholars has chiefly been concentrated on the letters of Pope Gelasius I (492-496), Pope Pelagius I (556-561) and Pope Gregory the Great (590-604) 2), who, for the sanctioning of their own decrees used to refer to corres- ponding constitutions of Christian emperors or older rules of law adopted by them 3). But also the Councils held at the time in the West, especially in Gaul, which applied Roman law to a far less extent, attracted the attention: A canon was dealt with of the Council held at Orleans in 533, which reminds of the fact, that Roman law does not accept the dissolution of a marriage on account of illness, furthermore a canon of a Council held in the same town sixteen years later, which claimed deference to the rights of slaves liberated in the Church,
The Legal History Review / Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit – Brill
Published: Jan 1, 1939
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