(lerniam’ as li\ iiig law until the promulgation of the Cierman Biirgcrlichty (it'Xftz/fiicl) in 1900.'' One cannot tell whether the attribution of the Sucbsaispicgcl to these great rulers was in order to enhance its authoritv-it would, of course,-or because its authority was so great that the belief arose that it had to be the work of rulers. I'or this second possibilit\' the S(icbsc7ispiegcl would not stand alone. 1 would like t(i mention the Lihri I'eudoruma priv ate work, first writtten in the first halfOf the 12th centurv bv Oberrus de Orto, a judge of the imperial court of Milan, d'his private work in subsequent editions became the basic te.\t on feudal law throughout western liurope. Its authoritv was such that there were those who came to believ e it was the result of legislation. Thus the Scot d'homas (iraigsavs in his Jus I'ciidalc, which was first published in i6s's' though written much earlier (Ciraig died in 1608), at 1.6.7: But it may seem a surprise, since the authors of these hooks were pri\ ate men and attornevs ihowever great intellectuallv, and leaders in their own assemblv), how it could come about that their opinions were not only treated as if they were statute.s, but e\ en caused imperial and pontifical laws to be subordinate to them, and took to themselv es supremacy of law in their own field; since it is certain that only the pope and emperor (in the term emperor I include all rulers who recognize no superior) ha\e the right and power ot laving down the law. And he reminds us that even the great Rnman jurists L'lpian, Seaevola, and Paul had their authority nivt from their eminence hut from Kmperor Justinian's approval and decree. .\nd he goes on at 1.6.8: But the solution of this problem is easy. For the authority of the D/gc.iY received its authoritv not from the authors themselves but from the dav of the constitution promulgated by Justinian, which is prefixed to the Paudccts, na15 On the Sachsenspiegel, see, e.g., Herrman Conrad, Deutsche Rechtsgeschichte 1, 2d ed. (Karlsuhe, 1962), pp. 35iff.; Thieme, in his introduction just cited. 94
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