The Edictum Rothari

(Translation of the video HERITAGE__a2_The Lombards_The Edictum Rothari regis)

While Byzantine Italy was facing problems caused by the autonomist thrusts of the various
local powers, the reign of the Lombards was growing stronger. This strengthening, during
the 7th century, is witnessed both by the growing role assumed by Pavia, capital of the
kingdom and seat of the palatium of the royal court and administrative offices, and by the
promulgation of a code of laws by King Rotari, who reigned from 636 to 652.

This figure was important in many respects: from the point of view of military exploits, he
conquered Liguria. From a religious point of view, being an Arian, he favoured Arianism,
although without persecuting Catholics. His name, however, is mainly remembered for the
famous edict he promulgated in 643, The Edictum Rothari.

This was the first Lombard collection of written laws, which was extended to the entire
kingdom. It was expressly addressed only to the Lombards, while the Romans continued to
follow the rules of Roman law. This should not be seen as an indication of a lack of cohesion
between Romans and Lombards, since the publication of a written code of laws, moreover
in Latin, instead testifies to a moment of encounter between two cultures. And there is more;
drafted in a Latin mixed with numerous Germanisms and composed of 388 articles, it was
obviously based on the Lombard legal tradition (especially the Lex Visigotorum is important),
but the Lombard legal system had nevertheless been profoundly influenced by the more
structured Roman system. No wonder, then, that in The Edictum Rothari, Justinian and neo-
Justinian law had also converged.

This edict, which brought together rules relating to civil life, property and military discipline,
was certainly a considerable step forward compared to the past. For example, among the
Lombards, the system of feuds, or private vendettas, was in force. This custom was banned
by the edict and replaced by the weregild, i.e., a sum of money to be paid to the offended
party, varying according to the offence. For example: a punch cost three money, a slap six.
This sum also varied according to the social status of the parties. The existence of different
weregilds is then an indicator of the social stratification among the free that was being
created. This aspect is an example of how, from a historical point of view, the Edict
constitutes a very important source in the reconstruction of the customs and habits of the
Lombard people and, of the territories subjected to it.

From the analysis of this text, in fact, we easily deduce how society was divided into three
orders:
- the freemen: arimanni;
- semi-freemen: aldi;
- and serfs.
On the pauperes, i.e. the poorest and most defenceless, The Edictum Rothari extended the
king's protection. We also assume that the economy was mainly based on animal
husbandry, the exploitation of forests and crops. At the basis of the social structure was the
family, which had, in turn, the mundium, i.e. the protection that the head of the family
exercised over minors and, of course, women. As far as women were concerned, a mundium
was defined for each of them, a price, of which the head of the family was the custodian and
which had to be redeemed by the future husband. They, in fact, had no right to the paternal
inheritance, but could only benefit from the dowry.