[Sidenote: Laws of Rothari.] But Rothari is better remembered as the
framer of the Lombard Code of Laws than as the conqueror of Liguria. In
643 he published the compilation of the traditional usages of the
nation, which had hitherto never been committed to writing. It is
noticeable that the code is promulgated, not on the king’s personal
authority, but, like the English laws of Ine, ‘_Pro communi gentis
nostrae utilitate, pari consilio parique consensu cum primatis judicibus
nostris cunctoque felicissimo exercitu nostro_’—that is to say, by the
king, with the counsel of his _witan_, and the assent of the armed
folk-moot of the Lombard nation. The _Edictum Rotharis_ is a very
primitive body of legislation, such as might have been promulgated in
the depths of the German forests, instead of in the heart of Italy. It
is mainly composed of elaborate lists of weregelds, of laws against
armed violence, of rules of inheritance, of statements concerning the
obligation of the follower towards his lord, of provisions for judicial
duels, _per campionem_. There is hardly any mention either of things
ecclesiastical or of city life, merely a provision against breach of
peace in a church, and some rules about _magistri comacenses_, or
skilled Roman artisans. We have from the laws a picture of a people
dwelling apart by families, or _faras_, each in its own farm-clearing,
surrounded by woods or open pasture land. Some are ‘free Lombards,’
called even thus early ‘_barones_,’ others the ‘men’ of a duke or of the
king. Below them are _aldii_, who correspond to mediæval villeins, the
half-free occupiers of the land of the Lombard master. These, no doubt,
are the remains of the old Roman population, _coloni_ who had once
cultivated the _massa_ of a Roman _curialis_. The royal authority is
found relegated to the local dukes in all military matters, while civil
affairs are dealt with by the king’s _schulthais_, or reeve (as the old
English would have called him), or to the _castaldus_, who seems to have
been the king’s representative in the city, as opposed to the
country-side. It is noticeable, as showing the extremely un-Roman
character of the Lombard laws, that they are drawn up by a German
official, the notary Ansoald, not by a Roman bishop or lawyer, as would
certainly have been the case in Gaul or Spain. Their execrable Latin,
which makes light of all concords, or rules of government of
prepositions, could not have been the work of any educated Italian.
With the death of Rothari in 652, began a time of trouble and confusion
for the Lombards, in which they ceased to win ground from the Romans,
and fell into civil strife and anarchy. It commenced by the murder of
Rothari’s son, Rodoald, after he had reigned less than six months. He
was a prince of licentious manners, and fell a victim to the dagger of
an outraged husband (653).
Public-domain text, read in full here on John Shaqi.
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