ABSTRACT

The sixteenth century in Germany saw several major changes in law codes and legal structures. Humanist lawyers encouraged the introduction of Roman law, favouring it over Germanic law because it was systematic and comprehensive: it gradually replaced or aug­ m ented older Germanic law codes in civil matters. The Carolina Constitutio Criminalis, a standardized code of criminal procedure drawn up for Charles V, was gradually adopted in most of the ter­ ritories of the Empire. The Reformation ended the power of canon law, forcing Protestant areas to devise new ordinances in regard to marriage and morals, and to establish new courts to replace Cath­ olic church courts, or expand the jurisdiction of existing courts. There was also change in Catholic areas, for the decrees of the Council of Trent - particularly the decree Tametsi - cleared up many ambiguities in canon law regarding marriage.