If, again, one had a mind to lose 80 shillings of gold, he need but to
commit the offence of 'meerworphin,' a word which will puzzle you
somewhat, till you find it to signify 'mare warping,' to warp, or throw
one's neighbour off his mare or horse.
A blow with the closed fist, again, costs three shillings: but one with
the open hand, six. The latter is an insult as well as an injury. A
freeman is struck with the fist, but a slave with the palm of the hand.
Breaking a man's head costs six solidi. But if one had broken his skull,
then (as in the Alemannic laws) one must pay twelve shillings, and twelve
more for each fracture up to three--after which they are not counted. But
a piece of bone must come out which will make a sound when thrown into a
shield twelve feet off; which feet are to be measured by that of a man of
middle stature. From which strange law may be deduced, not only the
toughness of the Lombard brain-pan, but the extreme necessity of defining
each particular, in order to prevent subsequent disputes, followed up by
a blood-feud, which might be handed down from father to son. For by
accepting the legal fine, the injured man expressly renounced his
primaeval right of feud.
Then follow some curious laws in favour of the masters of Como, Magistri
Comacenes, who seem to have been a guild of architects, perhaps the
original germ of the great society of free-masons--belonging, no doubt,
to the Roman population--who were settled about the lake of Como, and
were hired, on contract, (as the laws themselves express,) to build for
the Lombards, who of course had no skill to make anything beyond a skin-
tent or a log-hall.
Then follow laws against incendiaries; a fine for damage by accidental
house-fire, if the offender have carried fire more than nine feet from
the hearth; a law against leaving a fire alight on a journey, as in the
Australian colonies now. Then laws to protect mills; important matters
in those days, being unknown to the Lombards before their entrance into
Italy.
Public-domain text, read in full here on John Shaqi.
The Roman and the Teuton: A Series of Lectures delivered before the University of Cambridge — John Shaqi
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