| Keywords |
|
| ID |
5235 |
| Text |
Edictus Rothari (643 - 643) Rothari, Rothair |
| Quotation |
Si homo liber qui debitor est, alias res non habuerit nisi caballos domitos aut boves iunctorios, eu vacca, tunc ille qui debitum requirit, vadat ad sculdahis et intimet causam suam, quia debitor ipsius alias res non habet, nisi quae supra leguntur. Tunc sculdahis tollat bobes aut caballos ipsius et ponat eos post creditorem, dum usque ei iustitia faciat. et si sculdahis dilaterverit facere, sit culpabilis in palatio regis solidos xii; et iustitia facta pignus restituatur. |
| Translation |
If a freeman is a debtor and has no property other than broken horses or oxen trained to the yoke, or cows, then he who seeks the debt should go to the schultheis and state his case, namely, that his debtor has no property other than that noted above. The schultheis shall then take the oxen or horses and place them with the creditor until justice has been done to him. If the schultheis delays in doing this, he shall pay twelve solidi to the king's fisc. When justice has been done, the pledge will be restored.
(Emended from K. Fischer-Drew, trans., The Lombard Laws (1973), p. 102) |
| Summary |
Rothari, No. 251 establishes the situation when a debtor possesses only broken horses, oxen trained to the yoke and cows, which are all animals that are prohibited from being taken as pledges in the preceding law, (Rothari, No. 250). In such a case, the creditor must go to the sculdahis (local legal official), and explain this situation, and he should then take the animals himself until the case has been resolved, at which point the animals taken a s pledge are returned. If the sculdahis delays in his duty, then he must pay a fine of 12 solidi to the king’s palace. |
| Quotation source |
MGH, LL 4, 1868 (F. Bluhme), p. 61 |
| Temporal Coverage |
643 - 643 |
| Associated use case(s) |
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| Comment |
The Edictus Rothari forms part of the collected Edictus Langobardorum [Text, ID:984]. |
