SCHITONO , Slavis, Armiger seu Scutarius Regis , in veteribus Chartis Dalmaticis apud Joann. Lucium in Hist. Dalmat. pag. 96. 99. 100. qui in aliis Crescimiri Regis Croatiæ et Dalmat. ann. 1067. Scutobajulus dicitur, apud eumdem pag. 77. Idem igitur qui Longobardis Schilpor, quæ vox Armigerum perinde sonat, ut auctor est Paulus Warnefridus lib. 2. de Gestis Longobard. cap. 28. unde constat utramque ejusdem esse orignis, nempe Saxonicæ. Nam scild, scutum sonat, scildenave, scuti minister, Scilpor, scuti puer : Por quippe Longobardis, est puer, famulus. Vide Gryphiandrum de Weichbildis Saxonicis cap. 67. Graff. Thes. Ling. Franc. tom. 6. col. 489. DIZIONARIO LONGOBARDO - ITALIANO Lingua longobarda CORPUS DEI TERMINI DEL LATINO DEI LONGOBARDI Essenziale A a- senza a- via da -accar campo acto otto actogild "indennizzo pari a otto volte il valore" adelingi "di nobile schiatta" aferquede "in modo corrispondente"
Transcript
SCHITONO, Slavis, Armiger seuScutarius Regis, in veteribus Chartis Dalmaticis apud Joann. Lucium in Hist.Dalmat. pag. 96. 99. 100. qui in aliis Crescimiri Regis Croatiæ etDalmat. ann. 1067.Scutobajulusdicitur, apud eumdem pag. 77. Idem igitur qui LongobardisSchilpor, quæ vox Armigerum perinde sonat, ut auctor est PaulusWarnefridus lib. 2. de Gestis Longobard. cap. 28. unde constatutramque ejusdem esse orignis, nempe Saxonicæ. Nam scild,scutum sonat, scildenave, scuti minister, Scilpor, scuti puer : Porquippe Longobardis, est puer, famulus. Vide Gryphiandrum deWeichbildis Saxonicis cap. 67. Graff. Thes. Ling. Franc. tom. 6.col. 489.
cauuarfida "antica consuetudine giuridica, legge non scritta"
Chinzia toponimo "terreno paludoso"
coccura "faretra"
commacini "costruttori"
crap "tomba, sepolcro"
crapuuorfin "profanazione di sepolcro, furto con spoliazione disepoltura"
cuccura "faretra"
D
debluttare "depredare, saccheggiare"
deganus "guardia sottoposta allo sculdascio, con competenze
F
fader "padre"
faderfio "dote paterna"
fadrin "dote, quota paterna"
faida "inimicizia, vendetta famigliare"
fara "gruppo migrante, comunità in marcia, spedizione, generazione,discendenza, lignaggio famigliare, distaccamento militare basato sulgruppo famigliare"
farigaid "fine della famiglia, estinzione della dinastia"
farigaidus
farigaydus
fasso (escludendo errori di copiatura) "tipo di paiolo o vaso"
fegangi "reato di furto, multa per il furto"
fegangit "ladro colto in flagrante e trattenuto"
feld "campo, piana"
fer- prefisso "precedentemente, avanti"
fereha "eschio" (leccio)
ferquido "corrispondente, pari, medesimo"
fetilae "pezzate di bianco, con gli zoccoli bianchi" (cavalle)
ficagias "prato da pascolo"
-fio "beni, ricchezza, denaro"
fiuwadia "prato da pascolo"
fons- aggettivo "pronto"
fornaccar "campo non arato, maggese, campo a pascolo dopo laraccolta del fieno o delle messi"
fraida "fuga illegale, il rifugiarsi slealmente, condizione rischiosa eillegale di fuggiasco, stato di pericolo per il fuggitivo"
Compared with other barbarian tribes, the Goths had the longesttime of contact with Roman civilization, from migration in 376 totrade interactions years beforehand. The Visigothic legal attitudeheld that laws were created as new offenses of justice arose, andthat the king's laws originated from God and His justice-scripturalbasis.[9] Mercifulness (clementia) and a paternal feeling (pietas)were qualities of the king exhibited through the laws.[10] The levelof severity of the law was "tempered" by this mercy, specificallyfor the poor; it was thought that by showing paternal love information of law, the legislator gained the love of citizen.[11] Whilethe monarch position was implicitly supreme and protected bylaws, even kings were subject to royal law, for royal law wasthought of as God's law.[12] In theory, enforcement of the law wasthe duty of the king, and as the sovereign power he could ignoreprevious laws if he desired, which often led to complications.[13]
To regulate the king's power, all future kings took an oath touphold the law.[14] While the Visigoths' law code reflected manyaspects of Roman law, over time it grew to define a new society'srequirements and opinions of law's significance to a particularpeople.
It is certain that the earliest written code of the Visigoths dates toEuric (471). Code of Euric (Codex Euricianus), issued between471 and 476, has been described as "the best legislative work ofthe fifth century".[15] It was created to regulate the Romans andGoths living in Euric's kingdom, where Romans greatlyoutnumbered Goths. The code borrowed heavily from the RomanTheodosian Code (Codex Theodosianus) from the early fifthcentury, and its main subjects were Visigoths living in Southern
France.[16] It contained about 350 clauses, organized by chapterheadings; about 276 to 336 of these clauses remain today. Besideshis own constitutions, Euric included in this collection theunwritten constitutions of his predecessors Theodoric I (419-451),Thorismund (451-453), and Theodoric II (453-466), and hearranged the whole in a logical order. Of the Code of Euric,fragments of chapters 276 to 337 have been discovered in apalimpsest manuscript in the Bibliothèque Nationale at Paris (Latincoll, No. 12161), proving that the code ran over a large area.Euric's code was used for all cases between Goths, and betweenthem and Romans; in cases between Romans, Roman law was used.
At the insistence of Euric's son, Alaric II, an examination wasmade of the Roman laws in use among Romans in his dominions,and the resulting compilation was approved in 506 at an assemblyat Aire, in Gascony, and is known as the Breviary of Alaric, andsometimes as the Liber Aniani, from the fact that the authenticcopies bear the signature of the referendarius Anian. organized bychapter headings; about 276 to 336 of these clauses remain today.In 506 CE, Alaric II, son of Euric, assembled the council of Agdeto issue the Breviary of Alaric (Lex Romana Visigothorum),applying specifically to Hispano-Roman residents of the IberianPeninsula,[17] where Alaric had migrated the Visigoth population.Both the Code of Euric and Breviary of Alaric borrowed heavilyfrom the Theodosian Code. Euric, for instance, forbadintermarriage between Goths and Romans, which was alreadyexpressed in the Codex Theodosianus.
Euric's code remained in force among the Visigothic Kingdom ofHispania (the Iberian Peninsula) until the reign of Liuvigild (568-586), who made a new one, the Codex Revisus, improving uponthat of his predecessor. This work is lost, and we have no directknowledge of any fragment of it. In the 3rd codification, however,many provisions have been taken from the 2nd, and these are
designated by the word antiqua; by means of these antiqua we areenabled in a certain measure to reconstruct the work of Leovigild.
After the reign of Leovigild, the legislation of the Visigothsunderwent a transformation. New laws made by the kings weredeclared to be applicable to all subjects in the kingdom, ofwhatever race; in other words, they became territorial; and thisprinciple of territoriality was gradually extended to the ancientcode. Moreover, the conversion of Reccared (586-601) fromArianism to orthodox Christianity effaced the religious differencesamong his subjects, and all subjects, being Christians, had tosubmit to the canons of the councils, made obligatory by the kings.
In 643, Visigoth king Chindasuinth (642-653) proposed a newVisigothic Code, the Lex Visigothorum (also called the LiberIudiciorum or Forum Iudicium), which replaced both the Code ofEuric and the Breviary of Alaric. His son, Recceswinth (649-672),refined this code in its rough form and issued it officially in 654.This code applied equally to both Goths and Romans, presenting "asign of a new society of Hispania developing in the seventhcentury, distinctly different from Gothic or Roman".[18] The LiberIudiciorum also marked a shift in the view of the power of law inreference to the king. It stressed that the Liber Iudiciorum alone islaw, absent of any relation to any kingly authority, instead of theking being the law and the law merely an expression of hisdecisions.[19] The lacunae in these fragments have been filled bythe aid of the law of the Bavarians, where the chief Divisions arereintroduced, divided into 12 books, and subdivided into tituli andchapters (aerae). It comprises 324 constitutions taken fromLeovigild's collection, a few of the laws of Reccared and Sisebur,99 laws of Chindasuinth, and 87 of Reccasuinth. A recension ofthis code of Reccasuinth was made in 681 by King Erwig (680-687), and is known as the Lex Wisigothorum renovate; and, finally,some additamenta were made by Ergica (687-702).
The Liber Iudiciorum makes several striking differences fromRoman law, especially concerning the issue of inheritance.According to the Liber Iudiciorum, if incest is committed, thechildren can still inherit, whereas in Roman law the children weredisinherited and could not succeed.[20] Title II of Book IV outlinesthe issue of inheritance under the newly united Visigothic Code:section 1, for instance, states that sons and daughters inheritequally if their parents die instate, section 4 says that all familymembers should inherit if no will exists to express the intentions ofthe deceased, and the final section expresses a global law ofRecceswinth, stating that anyone left without heirs has the powerto do what they want with their possessions. This statement recallsthe Roman right for a person to leave his possessions to anyone inhis will, except this Visigothic law emphasizes males and femalesequally, whereas, in Roman law, only males (particularly the paterfamilias) are allowed to make a will.
Leges Langobardorum
Main article: Edictum Rothari
We possess a fair amount of information on the origin of the codeof laws of the Lombards. The first part, consisting of 388 chapters,also known as the Edictus Langobardorum, and was promulgatedby King Rothari at a diet held at Pavia on the 22nd of November643. This work, composed at one time and arranged on asystematic plan, is very remarkable. The compilers knew Romanlaw, but drew upon it only for their method of presentation and fortheir terminology; and the document presents Germanic law in itspurity. Rothar's edict was augmented by his successors: Grimwald(668) added nine chapters; Liutprand (713-735), fifteen volumes,containing a great number of ecclesiastical enactments; Ratchis(746), eight chapters; and Aistulf (755), thirteen chapters. After theunion of the Lombards to the Frankish kingdom, the capitulariesmade for the entire kingdom were applicable to Italy. There were
also special capitularies for Italy, called Capitula Italica, some ofwhich were appended to the edict of Rothar.
At an early date, compilations were formed in Italy for the use oflegal practitioners and jurists. Eberhard, duke and margrave ofRhaetia and Friuli, arranged the contents of the edict with itssuccessive additamenta into a Concordia de singulis causis (829-832). In the 10th century a collection was made of the capitulariesin use in Italy, and this was known as the CapitulareLangobardorum. Then appeared, under the influence of the schoolof law at Pavia, the Liber legis Langobardorum, also called LiberPapiensis (beginning of 11th century), and the Lombarda (end of11th century), in two forms, that given in a Monte Cassinomanuscript and known as the Lombarda Casinensis and theLombarda Vulgata. In the Liber Papiensis each section of the edictis accompanied by specimen pleadings setting out the cause ofaction: in this way it comes near to being a treatment of substantivelaw as opposed to a simple tariff of penalties as found in the otherLeges barbarorum
There are editions of the Edictus, the Concordia, and the LiberPapiensis by F. Bluhme and A. Boretius in the MonumentaGermaniae Historica series, Leges (in folio) vol. iv. Bluhme alsogives the rubrics of the Lombardae, which were published by F.Lindenberg in his Codex legum antiquarum in 1613. For furtherinformation on the laws of the Lombards see J. Merkel, Geschichtedes Langobardenrechts (1850); A. Boretius, Die Kapitularien imLangobardenreich (1864); and C. Kier, Edictus Rotari(Copenhagen, 1898). Cf. R. Dareste in the Nouvelle Revuehistorique de droit français et étranger (1900, p. 143).
Lombard law, as developed by the Italian jurists, was by far themost sophisticated of the early Germanic systems, and some (e.g.Frederick William Maitland) have seen striking similaritiesbetween it and early English law.[22] It remained living law, subject
to modifications, both in the Kingdom of the Lombards thatbecame the Carolingian Kingdom of Italy and in the Duchy ofBenevento that became the Kingdom of Naples and continued toplay a role in the latter as late as the eighteenth century. The LibriFeudorum, explaining the distinctive Lombard version offeudalism, were frequently printed together with the Corpus JurisCivilis and were considered the academic standard for feudal law,influencing other countries including Scotland.
The Edictum Rothari (also Edictus Rothari or Edictum Rotharis)was the first written compilation of Lombard law, codified andpromulgated 22 November 643 by King Rothari. The custom(cawarfidae) of the Lombards, according to Paul the Deacon, theLombard historian, had been held in memory before this. Now itwas promulgated in Latin, a very vulgar and coarse Latin, by theking with the advice and consent of his council and his army.
The Edict, in 388 chapters, was primitive in comparison to otherGermanic legislation of the time. It was also comparatively late,for the Franks, Visigoths, and Anglo-Saxons had all compiledcodices of law long before. Unlike the Breviarium Alaricianum ofAlaric II, it was mostly Germanic tribal law dealing with wergelds,inheritance, and duels, not a code of Roman laws. Despite its Latin,it was not a Roman product. Unlike the near-contemporary ForumIudicum, it was not influenced by Canon law. Its only dealingswith ecclesiastic matters was a prohibition on violence in churches.The Edict gives military authority to the dukes and gives civilauthority to a schulthais (or reeve) in the countryside and acastaldus (or gastald) in the city.
The Edict was written down by one Ansoald, not a bishop orlawyer, but a scribe of Lombard origin. It was affirmed by agairethinx convened by Rothari in 643. The gairethinx was agathering of the army who passed the law by clashing their spears
on their shields in old Germanic fashion, a fitting passing for soGermanic a Latin code.
The Edict makes no references to public life, the governance oftrade, the duties of a citizen; instead it is minutely concerned withcompensations for wrongs, a feature familiar from the wergeld ofAnglo-Saxons, and the defence of property rights. ThoughLombard women were always in some status of wardship to themales of the family, and though a freeborn Lombard woman whomarried an aldius (half-free) or a slave might be slain or sold byher male kin, the respect, amounting to taboo, that was owed to afreeborn Lombard woman was notable: if any one should "placehimself in the way" of a free woman or girl, or injure her, he mustpay nine hundred solidi, an immense sum. For comparison, if anyone should "place himself in the way" of a free man he must payhim twenty solidi— if he had not done him any bodily injury—and in similar cases involving another man's slave or handmaid oraldius, he must pay twenty solidi to the lord, the price forcopulation with another man's slave. Roman slaves were of lowervalue in these matters than Germanic slaves "of the nations".
Physical injuries were all minutely catalogued, with a price foreach tooth, finger or toe. Property was a concern: many laws dealtspecially with injuries to an aldius or to a household slave. A stilllower class, according to their assigned values, were theagricultural slaves.
In the laws of inheritance, illegitimate offspring had rights as wellas legitimate ones. No father could disinherit his son except forcertain grievous crimes. Donations of property were made in thepresence of an assembly called the thinc, which gave rise to thebarbarous Latin verb thingare, to grant or donate before witnesses.If a man shall wish to thingare his property, he must make thegairethinx ("spear donation") in the presence of free men.
Slaves might be emancipated in various ways, but there weresevere laws for the pursuit and restoration of fugitives. In judicialprocedure, a system of compurgation prevailed, as well as thewager of battle.
The general assembly of freemen continued to add ritual solemnityto important acts, such as the enactment of new laws or theselection of a king.
Lombard law governed Lombards solely, it must be remembered.The Roman population expected to live under long-codifiedRoman law. It was declared that foreigners who came to settle inLombard territories were expected to live according to the laws ofthe Lombards, unless they obtained from the king the right to liveaccording to some other law.
Later by the reign of King Liutprand (712-743) most inhabitants ofLombard Italy were considered "Lombards" regardless of remoteancestry and they followed Lombard Law.
The Visigothic Code (Latin, Forum Iudicum or LiberJudiciorum; Spanish, Libro de los Juicios) comprises a set oflaws promulgated by the Visigothic king of Hispania,Chindasuinth in his second year (642/643). They were enlarged bythe novel legislation of Recceswinth (for which reason it issometimes called the Code of Recceswinth), Wamba, Erwig, Egica,and perhaps Wittiza. In 654 Recceswinth promulgated the codeanew after a project of editing by Braulio of Zaragoza, sinceChindasuinth's original code had been quickly commissioned andenacted in rough.[1]
They are often called the Lex Visigothorum, law of the Visigoths.However, this code abolished the old tradition of having differentlaws for Romans and for Visigoths; all the subjects of the kingdomwould stop being romani and gothi to become hispani. In this way,
all the subjects of the kingdom were gathered under the samejurisdiction, eliminating social apart from juridical differences.
The laws were far-reaching and long in effect: in 10th centuryGalicia, monastic charters make reference to the Code (Fletcher1984, ch. 1, note 56). The laws govern and sanction family life andby extension political life—the marrying and the giving inmarriage, the transmission of property to heirs, the safeguarding ofthe rights of widows and orphans. Particularly with the VisigothLaw Codes, women could inherit land and title and manage itindependently from their husbands or male relations, dispose oftheir property in legal wills if they had no heirs, and women couldrepresent themselves and bear witness in court by age 14 andarrange for their own marriages by age 20 .[2]
The laws combine the Catholic Church's Canon law, and have astrongly theocratic tone.
The code is known to have been preserved by the Moors, asChristians were permitted the use of their own laws, where theydid not conflict with those of the conquerors, upon the regularpayment of tribute; thus it may be presumed that it was therecognized legal authority of Christian magistrates while theIberian Peninsula remained under Muslim control. WhenFerdinand III of Castile took Córdoba in the thirteenth century, heordered the code to be adopted and observed by its citizens, andcaused it to be rendered, albeit inaccurately, into Castilian, as theFuero Juzgo. The Catalan translation of this document is the oldesttext found in that language.
Contents[hide]
1 Contents 2 See also 3 Notes 4 Sources 5 External links
[edit] Contents
The following list has the book and titles from the Visigothic Code.
Book I: Concerning Legal Agencieso Title I: The Lawmakero Title II: The Law
Book II: Concerning the Conduct of Causeso Title I: Concerning Judges, and Matters to be Decided
in Courto Title II: Concerning Causeso Title III: Concerning Constituents and Commissionso Title IV: Concerning Witnesses and Evidenceo Title V: Concerning Valid and Invalid Documents and
How Wills Should be Drawn Up Book III: Concerning Marriage
o Title I: Concerning Nuptial Contractso Title II: Concerning Unlawful Marriageso Title III: Concerning the Rape of Virgins, or Widowso Title IV: Concerning Adulteryo Title V: Concerning Incest, Apostasy, and Pederastyo Title VI: Concerning Divorce, and the Separation of
Persons who have been Betrothed Book IV: Concerning Natural Lineage
o Title I: Concerning the Degrees of Relationship
o Title II: Concerning the Laws of Inheritanceo Title III: Concerning Wards and Their Guardianso Title IV: Concerning Foundlingso Title V: Concerning Such Property as is Vested by the
Laws of Nature Book V: Concerning Business Transactions
o Title I: Ecclesiastical Affairso Title II: Concerning Donations in Generalo Title III: Concerning the Gifts of Patronso Title IV: Concerning Exchanges and Saleso Title V: Concerning Property Committed to the Charge
of, or Loaned to, Anothero Title VI: Concerning Pledges and Debtso Title VII: Concerning the Liberation of Slaves, and
Freedmen Book VI: Concerning Crimes and Tortures
o Title I: Concerning the Accusers of Criminalso Title II: Concerning Malefactors and their Advisors,
and Poisonerso Title III: Concerning Abortiono Title IV: Concerning Injuries, Wounds, and Mutilations,
Inflicted upon Meno Title V: Concerning Homicide
Book VII: Concerning Theft and Fraudo Title I: Concerning Informers of Thefto Title II: Concerning Thieves and Stolen Propertyo Title III: Concerning Appropriators and Kidnappers of
Slaveso Title IV: Concerning Forgers of Documentso Title V: Concerning Forgers of Documentso Title VI: Concerning Counterfeiters of Metals
Book VIII: Concerning Acts of Violence and Injurieso Title I: Concerning Attacks, and Plunder of Propertyo Title II: Concerning Arson and Incendiaries
o Title III: Concerning injuries to Trees, Gardens, orGrowing Crops of any Description
o Title IV: Concerning Injury to Animals, and OtherProperty
o Title V: Concerning the Pasturage of Hogs andConcerning Strays
o Title VI: Concerning Bees, and the Damage TheyCause
Book IX: Concerning Fugitives and Refugeeso Title I: Concerning Fugitives, and Those who Conceal,
and Assist Them in Their Flighto Title II: Concerning Those who Refuse to go to War,
and Deserterso Title III: Concerning Those who Seek Sanctuary in a
Church Book X: Concerning Partition, Limitation, and Boundaries
o Title I: Concerning Partition, and Lands Conveyed byContract
o Title II: Concerning the Limitations of Fifty and ThirtyYears
o Title III: Concerning Boundaries and Landmarks Book XI: Concerning the Sick and the Dead and Merchants
who Come from Beyondo Title I: Concerning Physicians and Sick Personso Title II: Concerning Those who Disturb Sepulchreso Title III: Concerning Merchants who Come from
Beyond Seas Book XII: Concerning the Prevention of Official Oppression,
and the Thorough Extinction of Heretical Sectso Title I: Concerning the Exercise of Moderation in
Judicial Decisions, and the Avoiding of Oppression byThose Invested with Authority
o Title II: Concerning the Eradication of the Errors of allHeretics and Jews
o Title III: Concerning New Laws against the Jews, inwhich Old Ones are Confirmed, and New Ones areAdded
[edit] See also
Code of Euric Early Germanic law Fuero Juzgo Code (law) Nuremburg laws (Nazi law) Decapitation
[edit] Notes
1. ^ King, 148–149.2. ^ Klapisch-Zuber, Christine; A History of Women:
Book II Silences of the Middle Ages, The Belknap Press ofHarvard University Press, Cambridge, Massachusetts,London, England. 1992, 2000 (5th printing). Chapter 6,"Women in he Fifth to the Tenth Century" by Suzanne FonayWemple, pg 74. According to Wemple, Visigothic women ofthe Iberian Peninsula and the Aquitaine could inherit landand title and manage it independently of their husbands, anddespose of it as they saw fit if they had no heirs, andrepresent themselves in court, appear as witnesses (by the ageof 14), and arrange their own marriages by the age of twenty
The Codex Euricianus or Code of Euric was a collection of lawsgoverning the Visigoths compiled at the order of Euric, King ofSpain, sometime before 480, probably at Toulouse (possible atArles); it is one of the earliest examples of early Germanic law.The compilation itself was the work of Leo, a Roman lawyer andprincipal counsellor of the king. The customs of the Visigothicnation were recognised and affirmed. The Code is largely confused
and it appears that it was merely a recollection of Gothic customaltered by Roman law.
The code entrenches a clear stratification of Gothic and Gallo-Roman society. There is the class of lords, who are called eitherdomini or patroni depending on whether they were lords of slavesor freemen. And there are two classes of freemen who have lordsabove them: the buccellarii and the saiones. The Code was in factthe first legal recognition of the buccellariatus, an office which theRoman Emperors were trying to ban. The buccellarii were aknightly class, they could change lords, but they had to return allthe landed benefices they had received from their former lord.
