Notitia de actoribus regis

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The Notitia de actoribus regis ("Notice concerning royal administrators") is a series of six decrees (praecepta) promulgated by the Lombard king of Italy, Liutprand, around 733. Collectively they "detailed the duties and responsibilities of the men selected to administer royal curtes," the men referenced as actores in the title. [1] Liutprand was a prolific legislator. Besides the Notitia, he added 152 titles to the Edictum Rothari of his predecessor. [2] The Notitia is "essentially a forerunner of the Carolingian capitulary". [1] [2]

Liutprand, King of the Lombards Lombard king

Liutprand was the King of the Lombards from 712 to 744 and is chiefly remembered for his Donation of Sutri, in 728, and his long reign, which brought him into a series of conflicts, mostly successful, with most of Italy. He is often regarded as the most successful Lombard monarch, notable for the Donation of Sutri, which was the first accolade of sovereign territory to the Papacy.

<i>Edictum Rothari</i>

The Edictum Rothari 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 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. Although the edict has been drafted in latin, few lombard words were untranslatable, as "grabworfin, arga, sculdhais, morgingab, metfio, federfio, mahrworfin, launegild, thinx, waregang, gastald, mundius, angargathung, fara, walupaus, gairethinx, aldius, actugild or, wegworin".

A capitulary was a series of legislative or administrative acts emanating from the Frankish court of the Merovingian and Carolingian dynasties, especially that of Charlemagne; the first emperor of the Romans in the west since the collapse of the Western Roman Empire in the late 5th century. They were so called because they were formally divided into sections called capitula.

Contents

The Latin term curtis (plural curtes) originally denoted "a complex of landed property" and came during the Lombard period to refer to the house of a free man (liber homo) with its surrounding buildings and orchards before settling to mean the administrative centre of a lord's estates. Agricultural matters were overseen by a villicus and domestic ones by a ministerialis and both were usually of the servile class, aldii . A lord, such as the king, had many curtes, each with its dominicum (the demesne), the original estate directly administered by the lord's servants, and its massaricium, the manors (mansi) owned by the lord but farmed by free or servile peasants. A curtis could be contiguous but was more often a scattering of domains in several proximal villages; it was thus an administrative, not a geographical, unit. [3]

Aldii were semifree in Germanic law. Employees of a patron, they had a position intermediate between freedom and slavery but ended up sometimes being confused with the serfs. Deprived of political and military rights and related to the land that they cultivated, they could, however, marry and be defended in court, and they were entitled to wergild and, within limits, to their property.

Demesne Type of property

In the feudal system, the demesne was all the land which was retained by a lord of the manor for his own use and occupation or support, under his own management, as distinguished from land sub-enfeoffed by him to others as sub-tenants. In England, royal demesne is the land held by the Crown, and ancient demesne is the legal term for the land held by the king at the time of the Domesday Book.

The main purpose of the Notitia was to prevent the usurpation of public land by local officials. The first requirement of a potential actor was to swear on the Gospels that "if I should learn of anything that is against the regulations, I will make this known [facio notitiam] to the king, so that the matter will be resolved." [1] The term notitia may indicate a written notice or report, since the written law is itself referred to as part of a notitia. The law further declares that the government was in possession of a "list of all the territories that pertained to those estates". [4] Any purchase of royal property by one of the king's servants was to be confirmed by a royal charter and the prices were stipulated "in the edict".

Editions

Notes

  1. 1 2 3 Everett, "Literacy and the Law", 123.
  2. 1 2 Wickham, Early Medieval Italy, 44.
  3. This description is derived from Tabacco, Struggle for Power, 132–33.
  4. Everett, "Literacy and the Law", 123: per omnes curtes nostras brebi facimus de omni territuria de ipsas curtes pertinentes (literally: "for all our curtes we have briefs of all territory belonging to those curtes").

Sources

Christopher John "Chris" Wickham, FBA, FLSW is a British historian and academic. He is emeritus Chichele Professor of Medieval History at the University of Oxford and Fellow of All Souls College. He was Professor of Early Medieval History at the University of Birmingham from 1997 to 2005.

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