th century who were simply carrying further
the torch that had been lit so enthusiastically at Bologna in the
twelfth century.

As to Germany,[365] when that unhappy country had been separated from
France and Italy after the Treaty of Verdun in 843, Carlovingian law and
the ancient German law books fell into disuse. The law again rested on
unwritten customs, on the decisions of the judges and their assessors,
and on agreements of the interested parties (feudal services and
tenures). Not till the twelfth and thirteenth centuries was any record
made of the rules of law which had arisen; many laws of cities on
various matters and in various provinces were recorded by public
authority; and thus originated the so-called law books of the Middle
Ages, the private labours of experienced men, who set forth the legal
principles which were recognised in all Germany, or at least in certain
parts of it. There were no law schools as yet, and scientific
compilation of German law was not even thought of. After the University
of Bologna had revived the study of Roman law in Italy, the Italian
universities attracted the German youth, who on their return would
labour to introduce what they had learned. Their efforts were seconded
by the clergy, through the close connection with canon law which was in
force in Germany. German emperors and territorial lords also favoured
Roman law because they saw how well suited it was to absolutism; they
liked to engage jurists trained in Italy, especially if they were
doctors of both canon and Roman law. Nor did the German people object.
From the fourteenth century many schools of jurisprudence were
established on Italian models.

At present, the law of Justinian has only such force as is received by
usage or as it has acquired by recognition. I. The Roman law forms in
Germany the principal law in some branches, that is, it is in so far its
basis that the German law is only an addition or modification of it. In
other branches it is only supplementary, that is, it is merely
subsidiary to the German law. II. Only the glossed parts and passages of
Justinian's law collection have binding force in Germany.

III. Only those glossed passages are binding which contain the latest
rule of law. Consequently the historical materials contained in them,
though always of great importance for discovering the latest law, have
not binding force. IV. Those precepts of the Roman law which relate to
Roman manners and inst