I have tried to shew you how the Teutonic nations were Christianized. I
have tried to explain to you why the clergy who converted them were,
nevertheless, more or less permanently antagonistic to them. I shall
have, hereafter, to tell you something of one of the most famous
instances of that antagonism: of the destruction of the liberties of the
Lombards by that Latin clergy. But at first you ought to know something
of the manners of these Lombards; and that you may learn best by studying
their Code.
They are valuable to you, as giving you a fair specimen of the laws of an
old Teutonic people. You may profitably compare them with the old
Gothic, Franco-Salic, Burgundian, Anglo-Saxon, and Scandinavian laws, all
formed on the same primaeval model, agreeing often in minute details, and
betokening one primaeval origin, of awful antiquity. By studying them,
moreover, you may gain some notion of that primaeval liberty and self-
government, common at first to all the race, but preserved alone by
England;--to which the descendants of these very Lombards are at this
very moment so manfully working their way back.
These laws were collected and published in writing by king Rothar, A.D.
643, 76 years after Alboin came into Italy. The cause, he says, was the
continual wearying of the poor, and the superfluous exactions, and even
violence, of the strong against those who were weak. They are the 'laws
of our fathers, as far as we have learnt them from ancient men, and are
published with the counsel and consent of our princes, judges, and all
our most prosperous army,' i.e. the barons, or freemen capable of bearing
arms; 'and are confirmed according to the custom of our nation by
garathinx,' that is, as far as I can ascertain from Grimm's German Law,
by giving an earnest, garant, or warrant of the bargain.
Public-domain text, read in full here on John Shaqi.
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