Legal Definitions - law of Langobardi

The law of Langobardi refers to the legal system and customs practiced by the Lombards, a Germanic people who established a kingdom in Italy from the late 6th century until the mid-8th century. This body of law was primarily based on Germanic customary traditions, emphasizing personal status, family honor, and compensation for wrongs, rather than the Roman legal principles that were prevalent in other parts of Italy at the time. It was eventually codified in written form, most notably in the Edictum Rothari (Edict of Rothari) in 643 AD, which helped preserve these unique legal practices.

Here are some examples illustrating the application of the law of Langobardi:

• Imagine a dispute in 7th-century Pavia where a Lombard man, Ulf, accuses his neighbor, Thorgil, of stealing his livestock. Under the law of Langobardi, this dispute would likely be resolved through a system of oaths and potentially trial by ordeal, rather than a formal court proceeding with detailed evidence and legal arguments as found in Roman law. If Thorgil were found guilty, he would be required to pay Ulf a specific compensation (a form of wergild for property) as outlined in the Lombard legal codes, rather than facing imprisonment or a state-imposed fine. This demonstrates the emphasis on customary resolution and compensation for victims characteristic of Lombard law.

• Consider a situation where a Lombard woman, Gisela, inherits land after her father's death. The specific rules governing her inheritance would be dictated by Lombard customary law, which often placed restrictions on women's ability to own or manage property independently, typically requiring a male guardian (munduald) to act on her behalf. This contrasts sharply with Roman law, which, by this period, offered women more autonomy in property matters. The application of the mundium principle in Gisela's inheritance clearly illustrates the distinct patriarchal family law traditions embedded within the law of Langobardi.

• Suppose a free Lombard warrior, Alaric, accidentally injures another free Lombard, Bruno, during a hunting expedition. Under the law of Langobardi, Bruno would not typically seek redress through a public prosecutor or a state-run criminal court. Instead, the legal system would focus on establishing the extent of the injury and assigning a specific monetary value (wergild) for the harm caused, which Alaric would be obligated to pay to Bruno or his family. This system of personal compensation for injuries, designed to prevent blood feuds and maintain peace within the community, is a hallmark of the Germanic legal traditions found in the law of Langobardi, differing significantly from the Roman concept of crimes against the state.