Page:Bury J B The Cambridge Medieval History Vol 2 1913.djvu/232

This page has been proofread, but needs to be validated.
204
Rothari
[643-662

(22 Nov. 643). Of course it was a territorial law, for only the Lombard, who alone was "fulc-free," was subject to Lombard law in the Lombard State, and the fact of its being written down shewed clearly enough that the Lombard State placed itself in the same line with the respublica (the Empire) and the other acknowledged States as perfectly equal to them. When Rothari declares the law should protect the poor against the oppressions of the mighty, we can find therein part of the means he employed to keep order in internal matters. The kingdom was not only protected by some of the laws of the Edictus but also shewed its power by the fact of issuing legal regulations for the whole country, which, if not at once, were at all events after a short time accepted irrevocably from Benevento to Cividale. Its matter is essentially German law, but in the supplements which Rothari's successors added, we can trace alien influence; and, moreover, the form is naturally influenced by Roman patterns. Comparative science of law has proved that Lombard law had the greatest likeness to Saxon, Anglo-Saxon, and Scandinavian law — a proof that the Lombards preserved their law unchanged in essential matters since their departure from the lower Elbe. The Edictus is systematically arranged, and treats of crimes against king, state, or man, especially compensations for bodily injuries, law of inheritance and family right, and manumission, then obligations and real estate, crimes against property, oath, and bail. It can well be called the best juridical codification of barbarian law.

The successor of Rothari's son was Aripert, the son of that duke Gundoald of Asti, who had come from Bavaria with his sister Theodelinda. During the nine years of his reign he, as a Catholic, carried on the traditions of Theodelinda, in opposition to Rothari. He built a Catholic church at Pavia and favoured the Catholic hierarchy, although the assertion of a poem which celebrates the merits of his dynasty about the year 700, that "the good and pious king" abolished the Arian heresy, is probably exaggerated. The bishop of Pavia was converted to Catholicism. A change of policy took place only after his death (661), when his two young sons Godepert in Pavia and Perctarit in Milan, to whom he had left the government, fell out, and Godepert claimed the help of the mighty duke Grimoald of Benevento against his brother. After the death of Arichis, and his son Ajo, who had perished in a battle against Slav pirates near Sipontum (662), the two sons of Gisulf of Friuli, Radoald and Grimoald, attained the dignity of dukedom consecutively, and energetically maintained their power in several battles against the imperialists. Grimoald, duke of Benevento since 657, now marched into North Italy by the east side of the Apennines against the centre of the Lombard realm, while his subordinate, the count of Capua, marched through Spoleto and Tuscia and joined the duke by Piacenza. Assisted by the treachery of the duke Garibald of Turin, Grimoald seized the reins of government