Among these Lombards, as among our English forefathers, when a man thingavit, i.e. donavit, a gift or bequest to any one, it was necessary, according to law CLXXII., to do it before gisiles, witnesses, and to give a garathinx, or earnest, of his bequest--a halm of straw, a turf, a cup of drink, a piece of money--as to this day a drover seals his bargain with a shilling, and a commercial traveller with a glass of liquor. Whether Rothar gave the garathinx to his barons, or his barons to him, I do not understand: but at least it is clear from the use of this one word that the publication of these laws was a 'social contract'--a distinct compact between king and people. From all which you will perceive at once that these Lombards, like all Teutons, were a free people, under a rough kind of constitutional monarchy. They would have greeted with laughter the modern fable of the divine right of kings, if by that they were expected to understand that the will of the king was law, or that the eldest son of a certain family had any God-given ipso-facto right to succeed his father. Sixteen kings, says the preface, had reigned from Agilmund to Rothar; and seven times had the royal race been changed. That the king should belong to one of the families who derived their pedigree from Wodin, and that a son should, as natural, succeed his father, were old rules: but the barons would, as all history shews, make little of crowning a younger son instead of an elder, if the younger were a hero, and the elder an 'arga'--a lazy loon; and little, also, would they make of setting aside the whole royal family, and crowning the man who would do their business best. The king was, as this preface and these laws shew, the commander in chief of the exercitus, the militia, and therefore of every free man in the state; (for all were bound to fight when required). He was also the supreme judge, the head of the executive, dispenser and fountain of law: but with no more power of making the law, of breaking the law, or of arbitrarily depriving a man of his property, than an English sovereign has now; and his power was quamdiu se bene gesserit, and no longer, as history proves in every page.