Legal Definitions - law of Lombardy

The term law of Lombardy refers to Lombard Law, which was the body of customary law developed and applied by the Lombards, a Germanic people who established a kingdom in Italy from the 6th to the 8th centuries. This legal system was primarily based on oral traditions and customs, later codified in texts such as the Edictum Rothari (Edict of Rothari) in 643 AD.

Lombard Law was characterized by its focus on personal law, meaning individuals were often judged according to the law of their ethnic group rather than the law of the territory. It covered a wide range of legal areas, including property rights, inheritance, family matters (such as marriage and dowry), and criminal offenses. For many wrongs, it prescribed specific monetary compositions (known as wergild or faida) to be paid to the victim or their family, rather than relying solely on state-imposed punishments.

Here are some examples illustrating the application of Lombard Law:

• Inheritance Dispute: Imagine a Lombard landowner in the 7th century who dies without a written will. Under Lombard Law, his land and possessions would typically be inherited by his male heirs, primarily his sons, according to specific customary rules. This would differ significantly from the Roman legal traditions that might have allowed for more equitable distribution among all children, including daughters, or through testamentary freedom. The application of Lombard Law would ensure the estate's division followed the Germanic customs of the deceased's ethnic group.
• Resolution of a Violent Crime: Consider a situation where a Lombard merchant is assaulted and injured by another individual within the Lombard Kingdom. Instead of the state prosecuting the attacker with imprisonment, Lombard Law would likely require the attacker to pay a predetermined monetary compensation (wergild) to the injured merchant. The amount of this payment would be specified in the Edictum Rothari, varying based on the severity of the injury and the social status of both the victim and the perpetrator, thereby settling the dispute and preventing blood feuds.
• Marriage and Property Transfer: Suppose a Lombard family arranges a marriage for their daughter. According to Lombard legal customs, the bride's family would provide a dowry (known as faderfio) to the groom, and in return, the groom would present a "morning-gift" (morgengab) to his new wife after the marriage was consummated. These specific transfers of property and wealth were legally recognized and enforced under Lombard Law, defining the economic aspects of marriage within their society, distinct from Roman marriage practices.