BREVIARIUM

2 definitions found across Law Mind sources

BREVIARIUMAuthored
The Law Mind • 925 words
Definition
A breviarium is a condensed or abridged legal compilation, most closely associated with Roman and early medieval law. The term refers to an official or semi-official summary digest of existing legal texts, statutes, or imperial constitutions, reduced to a shorter, more accessible form for practical use. The most historically significant use of the term is the Breviarium Alaricianum (also called the Lex Romana Visigothorum), a compilation of Roman law issued by the Visigothic king Alaric II in 506 AD for his Roman subjects. This document condensed and adapted elements of imperial Roman law — including portions of the Theodosian Code, imperial novels, and writings of classical jurists — into a single authoritative text applicable in Visigothic-controlled territories. It became one of the principal channels through which Roman law survived in Western Europe through the early medieval period. More broadly, breviarium may refer to any abridged legal text or official summary, following the Latin sense of the word (a short or brief account). The term appears in contexts where a larger body of law was reduced for administrative, educational, or regional application.
Common Language
Modern common usage (Wiktionary): "Breviarium" is primarily known in English as the term for a breviary — a liturgical book used in the Roman Catholic Church containing the daily Divine Office. In general use, it may refer to any brief summary or compendium. Historical common usage (Webster's 1913): Webster's 1913 gives "breviary" as a summary or abridgement, and specifically as the Roman Catholic prayer book. The Latin root breviarium carries the sense of a condensed account. The gap matters in legal research: the ecclesiastical meaning (a prayer book) dominates modern general reference, which can cause a researcher unfamiliar with the Roman law context to misread the term when it appears in legal historical sources. In legal texts, breviarium refers to a legal compilation or digest, not a religious document. The shared Latin root is the source of the confusion.
Common Confusion
Breviarium is sometimes loosely conflated with other Roman law compilations — particularly the Corpus Juris Civilis of Justinian or the Theodosian Code itself. These are distinct instruments. The Breviarium Alaricianum drew on the Theodosian Code as a source but was an independent compilation with its own editorial apparatus (the interpretatio, or explanatory glosses). It applied in the Visigothic West; the Justinianic compilation governed in the East and was not received in Western Europe until the later medieval period. Researchers should not treat these texts as interchangeable when tracing the transmission of Roman law.
Why It Matters in Research
Researchers working in Roman law, legal history, or the medieval transmission of law will encounter this term as a proper name (the Breviarium Alaricianum) more often than as a generic descriptor. Several research traps arise: First, the term is used inconsistently in secondary literature. Some scholars use breviarium generically to describe any abbreviated legal compilation of the late Roman or early medieval period; others reserve it specifically for the Alaric compilation. Context is essential. Second, the Breviarium Alaricianum is the primary conduit through which Roman law — including fragments of classical jurists — survived in manuscripts in the Frankish and Iberian worlds before the rediscovery of the Digest in the eleventh and twelfth centuries. A researcher tracing the influence of Roman law in early medieval legal documents, particularly in France and Spain, will frequently encounter references to the Breviarium as the operative source of Roman legal authority, not the Justinianic texts. Third, the interpretatio — the explanatory glosses appended to the Breviarium — is itself a significant legal source that was sometimes transmitted separately and sometimes attributed to different hands. Corpus references to the interpretatio may appear independently of references to the Breviarium proper. Fourth, the term may appear in ecclesiastical and canonical sources with the liturgical meaning, which is unrelated. In a legal history corpus, the term almost always carries the legal meaning, but cross-disciplinary sources (manuscripts, monastic records) may use it in the religious sense.
Historical Dictionary Support
Rapalje & Lawrence do not provide a substantive entry for breviarium, and the source material supplied reflects an unrelated page. The absence of a developed entry in this standard nineteenth-century American legal dictionary is itself informative: by the time of American legal lexicography, breviarium had receded to a term of Roman legal history and civil law scholarship rather than a term of operative legal practice in common law jurisdictions. It would appear primarily in treatises on Roman law history, comparative law, and canon law rather than in pleading or practice manuals. Scholars such as F.L. Ganshof and historians of Roman law transmission (notably in discussions of the lex romana barbarorum) treat the Breviarium Alaricianum as a pivotal document. Its role in preserving portions of classical Roman law through the early medieval period is well established in the civil law historiography.
Jurisdictional Note
The Breviarium Alaricianum was operative in Visigothic territories in what are now France and Spain and in the communities of Roman subjects living under Visigothic rule. It had no direct application in the English common law tradition. Researchers in civil law jurisdictions — particularly those examining the historical foundations of French or Spanish law — will find the Breviarium a more directly relevant antecedent than researchers working in common law contexts.
Related Terms
Corpus Juris Civilis — Digest (Pandects) — Theodosian Code — Lex Romana Visigothorum — Interpretatio — Roman Law — Codification — Lex Romana Burgundionum — Barbarian Codes — Civil Law (tradition)
BREVIARIUMmain
Rapalje & Lawrence • 1888
(151) from which, was a special privilege granted to the tenants of the honor of Wallingford by King Henry II.-Jacob. BREVE PERQUIRERE.-To purchase a writ or license of trial, in the king's courts, by the plaintiff, qui breve perquisivit; whence the usage of paying 6s. 8d. fine to the crown where BREEZE, (delivery of, in sale of coal). 5 Esp. the debt is £40, and of 10s. where the debt is 239. BREHON LAW.-In Ireland, the judges and lawyers were anciently styled "brehons;" and thereupon the Irish law was called the "brehon law." (4 Inst. 358.) -Jacob. £100, &c., in suits and trials for money due upon bond, &c.-Wharton.

Explore the full Law Mind legal research platform.

SubscribeEncyclopediaSign In