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Literacy and the law in Lombard government
Abstract
This article examines the Lombard law code as evidence for literate practices in government and society in seventh- and eighth-century Italy. The effectiveness of the code as an instrument of government is testified by the charter evidence, in which the precepts of the code are implicitly acknowledged or cited directly. Although largely the result of a necessary appropriation of late Roman property law, Lombard legislation and notarial practice applied further literate methods to document, and hence to validate, a range of transactions. The use of written law was not merely limited to male landowners, but affected Italo-Lombard society more widely, as is revealed by the evidence for women's property rights and manumission. The charter evidence and references within the code itself suggest that various uses of writing for governmental administration extended beyond the royal and ducal levels into local society.
Making Early Medieval Societies explores a fundamental question: what held the small- and large-scale communities of the late Roman and early medieval West together, at a time when the world seemed to be falling apart? Historians and anthropologists have traditionally asked parallel questions about the rise and fall of empires and how societies create a sense of belonging and social order in the absence of strong governmental institutions. This book draws on classic and more recent anthropologists' work to consider dispute settlement and conflict management during and after the end of the Roman Empire. Contributions range across the internecine rivalries of late Roman bishops, the marital disputes of warrior kings, and the tension between religious leaders and the unruly crowds in western Europe after the first millennium - all considering the mechanisms through which conflict could be harnessed as a force for social stability or an engine for social change.
Making Early Medieval Societies explores a fundamental question: what held the small- and large-scale communities of the late Roman and early medieval West together, at a time when the world seemed to be falling apart? Historians and anthropologists have traditionally asked parallel questions about the rise and fall of empires and how societies create a sense of belonging and social order in the absence of strong governmental institutions. This book draws on classic and more recent anthropologists' work to consider dispute settlement and conflict management during and after the end of the Roman Empire. Contributions range across the internecine rivalries of late Roman bishops, the marital disputes of warrior kings, and the tension between religious leaders and the unruly crowds in western Europe after the first millennium - all considering the mechanisms through which conflict could be harnessed as a force for social stability or an engine for social change.
Making Early Medieval Societies explores a fundamental question: what held the small- and large-scale communities of the late Roman and early medieval West together, at a time when the world seemed to be falling apart? Historians and anthropologists have traditionally asked parallel questions about the rise and fall of empires and how societies create a sense of belonging and social order in the absence of strong governmental institutions. This book draws on classic and more recent anthropologists' work to consider dispute settlement and conflict management during and after the end of the Roman Empire. Contributions range across the internecine rivalries of late Roman bishops, the marital disputes of warrior kings, and the tension between religious leaders and the unruly crowds in western Europe after the first millennium - all considering the mechanisms through which conflict could be harnessed as a force for social stability or an engine for social change.
Making Early Medieval Societies explores a fundamental question: what held the small- and large-scale communities of the late Roman and early medieval West together, at a time when the world seemed to be falling apart? Historians and anthropologists have traditionally asked parallel questions about the rise and fall of empires and how societies create a sense of belonging and social order in the absence of strong governmental institutions. This book draws on classic and more recent anthropologists' work to consider dispute settlement and conflict management during and after the end of the Roman Empire. Contributions range across the internecine rivalries of late Roman bishops, the marital disputes of warrior kings, and the tension between religious leaders and the unruly crowds in western Europe after the first millennium - all considering the mechanisms through which conflict could be harnessed as a force for social stability or an engine for social change.
This engaging new study focuses on the role of assemblies in later Anglo-Saxon politics, challenging and nuancing existing models of the late Anglo-Saxon state. Its ten chapters investigate both traditional constitutional aspects of assemblies - who attended these events, where and when they met, and what business they conducted - and the symbolic and representational nature of these gatherings. Levi Roach takes into account important recent work on continental rulership, and argues that assemblies were not a check on kingship in these years, but rather an essential feature of it. In particular, the author highlights the role of symbolic communication at assemblies, arguing that ritual and demonstration were as important in English politics as they were elsewhere in Europe. Far from being exceptional, the methods of rulership employed by English kings look very much like those witnessed elsewhere on the continent, where assemblies and ritual formed an essential part of the political order.
This study examines the relationship between judicial courts and the societies in which they operated as revealed by the documents of the abbey of Farfa in the duchy of Spoleto. In a series of case studies it is shown that disputants and judges could draw on a wide range of norms that enabled them to manipulate the settlement process and to tailor it to their own social advantage. Unlike many studies of disputes in central and northern Italy of the early Middle Ages, here weight is given to those aspects of disputing that took place outside the court. It is an approach that casts fresh light on the transition from Lombard to Carolingian rule in central and northern Italy. It also challenges the binary line between the ‘private’ and the ‘public’ in dispute settlement. This, in turn, has implications for how we view the so-called ‘feudal transformation’ in which the public was supposedly eclipsed by the private.1
Prefatory Note.—My interest in Pavia goes back at least to 1951 when I was elected Rome Scholar in Medieval Studies. I began seriously to collect material for the history of the city in the early Middle Ages in the winter and spring of 1953 when I enjoyed the warm hospitality of the Collegio Ghislieri, thanks to the efforts made on my behalf by the late Hugh Last, to whose memory this article is dedicated. The published proceedings of the Reichenau and Spoleto congresses on ‘The early medieval town’ in the 1950s clearly underlined the need for detailed studies of particular towns; but the lack of adequate archaeological evidence discouraged me from attempting such a study of early medieval Pavia. In 1964, however, Dr. A. Peroni, Director of the Museo Civico invited me to read a supplementary paper on this topic to the Convegno di Studio sul Centro Storico di Pavia held in the Università degli Studi at Pavia on July 4th and 5th of that year. The present article is an amplified and corrected version of that paper: I have made no substantial alterations to my account of the ‘urbanistica’ of early medieval Pavia—written for an audience of architects and art-historians as well as of historians—but have dealt more fully with the social history of the city in this period. Professor Richard Krautheimer read a draft of the revised version and made some pointed and helpful comments. I am greatly indebted to Dr. Peroni, not merely for the invitation to present the original paper but also for supplying illustrations and answering queries at a time when he and his staff were engaged in helping to repair the ravages of the Florence floods.
The Frankish conquest of the Lombard kingdom in 774 is considered a basic event and even a turning point in the early medieval history of Italy. Lombard institutions are believed to have disappeared in favour of Frankish rules and customs. This article seeks to refute this view by demonstrating that there is a very great deal of continuity between the two periods for one of the most important judicial institutions, the trial. It will be shown that the different phases of court procedure remain nearly unaltered after the acquisition of Northern Italy by the Franks and that even the most striking difference between the Frankish and the Lombard trial, namely the distinction between judges and scabini, was not introduced in this part of the Carolingian Empire before 827. Even after that date the Frankish distinction was only applied in some trials, while the Lombard procedure remained the more common.