Legal Definitions - Lombard law

Lombard law refers to the legal system that governed the Lombard people, a Germanic tribe who established a kingdom in Italy from the 6th to the 8th centuries. This system was primarily a customary law, meaning it was based on long-standing traditions and practices rather than modern legislative statutes. Its most significant written compilation was the Edict of Rothar, published in A.D. 643 by King Rothar. This edict codified many existing Lombard customs and introduced new provisions, creating a relatively comprehensive set of laws for its time, written in Latin. It addressed various aspects of life, including property rights, criminal offenses, and family matters.

• Example 1 (Property and Inheritance): Imagine a Lombard farmer named Alaric in the year 680. When Alaric passes away, leaving behind land, livestock, and tools, his family needs to determine how these assets will be distributed among his heirs. Under Lombard law, specifically guided by the Edict of Rothar, there would be established rules for inheritance. For instance, the law might prioritize male heirs or dictate specific portions for a widow's dowry, ensuring a structured and legally recognized transfer of property within the community. This demonstrates how Lombard law provided a framework for resolving disputes over inherited wealth.

• Example 2 (Criminal Justice and Compensation): Consider a situation where two Lombard neighbors, Brunhild and Gisulf, have a heated argument that escalates, resulting in Gisulf suffering a broken arm. Instead of a modern court trial leading to imprisonment, Lombard law would typically prescribe a system of monetary compensation, known as "wergild," for such injuries. The Edict of Rothar contained detailed tariffs specifying the exact amount of silver or other valuables that Gisulf would be entitled to receive from Brunhild for a broken arm, aiming to prevent blood feuds and restore peace through financial restitution. This illustrates how Lombard law focused on compensating victims and maintaining social order through fixed penalties.

• Example 3 (Family Law and Marriage): Suppose a young Lombard woman, Theudelinda, wished to marry a man from a neighboring village in the early 8th century. Lombard law would govern aspects of her marriage, including the transfer of her dowry (faderfio) and the protection of her rights within the marriage. The Edict of Rothar included provisions outlining the responsibilities of the husband towards his wife, the legal standing of a woman's property, and the procedures for marriage and divorce. This shows how Lombard law regulated personal relationships and ensured certain protections and obligations within family structures.