Edict of Rothari

The Edictum Rothari (lit. 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. According to Paul the Deacon, the 8th century Lombard historian, the custom law of the Lombards (Lombard: 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.

The Edict, divided in 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 dealings 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.

It was written down by one Ansoald, a scribe of Lombard origin, and was affirmed by a gairethinx convened by Rothari in 643. The gairethinx was a gathering of the army that passed the law by clashing their spears on their shields in old Germanic fashion, a fitting passing for a Latin code that was so Germanic.

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