Stelle Si magister comacinus cum collegant...; (Edictus Rothari, MGH, LL 4, 1868 (F. Bluhme), p. 33) [5171]

Basic Information
Keywords
ID 5171
Text Edictus Rothari (643 - 643) Rothari, Rothair
Quotation Si magister comacinus cum collegantes suos cuiuscumque domum ad restaurandam vel fabricandam super se placito finito de mercedes susciperit, et contigerit aliquem per ipsam domum aut materium elapsum aut lapidem mori, non requiratur a domino, cuis domum fuerit, nisi magister comacinus cum consortibus suis ipsum homicidium aut damnum conponat, quia postquam in fabula forma de mercedis pro suo lucro suscipit, non inmerito damno sustinet.
Translation If it happens that someone is killed by some material or by a stone falling from a house being constructed or restored, according to an agreed contract, by a magister comacinus [master builder form Como] with his helpers, the man to whom the house belongs shall not be required to pay compensation but the magister comacinus [master building] and his helpers shall pay composition for the homicide or for the damage. Since, according to the accepted agreement, the master is to be well paid, he not undeservedly should be responsible for damages. (Emedned from K. Fischer-Drew, trans., The Lombard Laws (1973), p. 75)
Summary Rothari, No. 144 establishes culpability for accidental killings and injuries caused by falling materials from a building, when a master builder (magister comacinus, literally a master from Como) has been contracted - and paid lucratively - along with his own colleagues to build or repair the house. In this situation, the person who employed him is not culpable, and any composition is to be paid by the master builder instead.
Quotation source MGH, LL 4, 1868 (F. Bluhme), p. 33
Temporal Coverage 643 - 643
Associated use case(s)
Spatial Coverage Objects
Comment