GERMANIC ORIGIN.
During the 5th century the barbarbians founded in France three kingdoms: The Francs, Wisigoths and Burgonds, and it is in cumbent to note what modifications were made in the institutions of Romano-Empiric• origin. To understand the subject clearly It is first of all necessary to know the essential traits of this new law, that is to say its Germanic customs resulting from the tacit consent of the people perpetuated by the ancients and not defined by written texts. as the art of writing was unknown to the barbarians.
Personal Like all ancient peoples, the Germanic tribe was made up of slaves and free men, the latter, so some authors have told us, being divided into two categories: 'Inge nue (free men) and nobles. From among the latter were chosen the kings, princes and knights, but the existence of such nobles is contested by some authors who believe that the only class opposed to the slaves were the free men — possessing no hereditary privileges, and the 'Hies" or semi-slaves, similar to the afore mentioned farmer employees or 'colons' of the Gallo-Romanic institutions of which mention is made by Tacite.
It would appear that the latter formed them selves into two groups, the serf-farmers who were kept in the country and who do not seem to have been ill-treated, and the slaves proper, such as the inveterate gamblers and debtors who were considered as so much merchandise and sold abroad.
Contrary to Roman law under which property was individual and absolute, the Germanic custom was all for collective property. Each family in the tribe received periodical allotments of land for cultivation forests and pastures being common to all. In dividual property only existed for heads of families, consisting of the ground site and land surrounding it and for certain estates which be longed to the family who* had hitherto culti vated them and which remained untransferable and hereditary.
of Roman Law and Germanic It is still a matter of controversy whether at the time of the German invasion the Roman law would supersede the Germanic customs or vice versa. It seems that an inter mediate opinion should prevail, in other words, the Gallo-Romans administered their laws in the three kingdoms founded by them as far as was compatible with a spirit of conquest. This solution, moreover, is quite in conformity with the tenets of history in so far that when two races are encountered in one country, the one relatively civilized, the other in a barbarian stage, each preserves in principle its public and private institutions so long as any real fusion is inextant. This is actually the case nowadays in Algeria, India, Indo-China, etc., and it is the principle on which all laws governing per sonal status are based. But in actual practice this principle led to such complications subject to litigation that gradually the two laws were incorporated into one. Thus was brought about a body of regulations composed of certain rules of Roman laws — on account of their utility and certain rules of German. law because of their simplicity.
Canon As regards Canon law, both customary and written, derived from the Testa ments, the writings of the Apostles and the cus toms of the Catholic Church, and from prelate and papal decrees with texts borrowed by the Church from secular institutions, it left no mark of any importance on the first phases of French law. It merely followed its own course,. and reference to it will be made here after.