Edictum Rothari in the context of "Alaric II"

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⭐ Core Definition: Edictum Rothari

The Edictum Rothari (transl.Edict of Rothari; also Edictus Rothari or Edictum Rotharis) was the first written compilation of Lombard law, codified and promulgated on 22 November 643 by King Rothari in Pavia by a gairethinx, an assembly of the army. According to Paul the Deacon, the 8th century Lombard historian, the custom law of the Lombards (Lombardic: cawarfidae) had been held in memory before this. The Edict, recorded in Vulgar Latin, comprised primarily the Germanic custom law of the Lombards, with some modifications to limit the power of feudal rulers and strengthen the authority of the king. Although the edict has been drafted in Latin, a few Lombard words were left untranslated, such as "grabworfin, arga, sculdhais, morgingab, metfio, federfio, mahrworfin, launegild, thinx, waregang, gastald, mundius, angargathung, fara, walupaus, gairethinx, aldius, actugild or, wegworin".

The Edict, divided into 388 chapters, was primitive in comparison to other Germanic legislation of the time. It was also comparatively late, for the Franks, Visigoths, and Anglo-Saxons had all compiled codices of law long before. Unlike the 6th century Breviarium Alaricianum of Visigoth king Alaric II, the Edict was mostly Germanic tribal law dealing with weregilds, inheritance, and duels, not a code of Roman law. In spite of its Latin language, it was not a Roman product, and unlike the near-contemporary Forum Iudicum of the Visigoths, it was not influenced by Canon law. Its only dealing with ecclesial matters was a prohibition on violence in churches. The Edict gives military authority to the dukes and gives civil authority to a schulthais (or reeve) in the countryside and a castaldus (or gastald) in cities.

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Edictum Rothari in the context of Gastald

A gastald (Latin gastaldus or castaldus; Italian gastaldo or guastaldo) was a Lombard official in charge of some portion of the royal demesne (a gastaldate, gastaldia or castaldia) with civil, martial, and judicial powers.

By the Edictum Rothari of 643, the gastalds were given the civil authority in the cities and the reeves the like authority in the countryside. Under the Lombard dominion, territories were delimited by giudicati or "judgments" among the several gastalds. From the immediate region of Parma and of Piacenza, numerous such giudicati survive, which cover the range of Lombard rule. The documents follow the same formalized structure, of which one between the gastald Daghiberto and the gastald Immo was adjudged by Adaloald, at Ticino, November 615.

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Edictum Rothari in the context of Germanic law

Germanic law is a scholarly term used to describe a series of commonalities between the various law codes (the Leges Barbarorum, 'laws of the barbarians', also called Leges) of the early Germanic peoples. These were compared with statements in Tacitus and Caesar as well as with high and late medieval law codes from Germany and Scandinavia. Until the 1950s, these commonalities were held to be the result of a distinct Germanic legal culture. Scholarship since then has questioned this premise and argued that many "Germanic" features instead derive from provincial Roman law. Although most scholars no longer hold that Germanic law was a distinct legal system, some still argue for the retention of the term and for the potential that some aspects of the Leges in particular derive from a Germanic culture. Scholarly consensus as of 2023 is that Germanic law is best understood in opposition to Roman law, in that it was not "learned" and incorporated regional peculiarities.

While the Leges Barbarorum were written in Latin and not in any Germanic vernacular, codes of Anglo-Saxon law were produced in Old English. The study of Anglo-Saxon and continental Germanic law codes has never been fully integrated.

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