LEGGI ROMANO-BARBARE

ROMANO-BARBARIAN LAWS. — This is the name given to three legislative compilations produced in the West in the 6th century: the *lex Romana Wisigothorum* (or *Breviarium Alaricianum*), the *lex Romana Burgundionum*, and the *Edictum Theodorici*.

Composed at the initiative of three barbarian rulers (Alaric II, Gundobad, Theodoric), and a demonstration of the attraction exerted by Roman legal wisdom upon these foreigners settled in the territories of the Empire, they differ from one another essentially in this respect: whereas the first two were intended to regulate the status of Roman citizens living in the territories occupied respectively by the Visigoths and the Burgundians, the *Edictum* was imposed for observance both upon Romans and upon Ostrogoths subject to Theodoric; and, even in its name, it sought to reaffirm the latter’s ideal dependence upon the Emperor of the East, to whom alone the right to issue *leges* would pertain.

by the Burgundians, the *Edictum* was imposed for observance both upon Romans and upon Ostrogoths subject to Theodoric; and, even in its name, it sought to reaffirm the latter’s ideal dependence upon the Emperor of the East, to whom alone the right to issue *leges* would pertain.

(from *Caloloune d'une relation de manuscrits à miniatures des × 14-21 et stellaires. Amsterdam 1822, tav. 46*) The choir — L. choir Miniature from a page of a Gradual of Italian origin (15th century). Dominicans in the act of singing the Mass of St. Dominic.

The *lex Romana Burgundionum* was promulgated, with every probability, a few years after the *Breviarium Alaricianum* (v. ALARIC II) and before the death of King Gundobad (516). Unlike the Visigothic law, the Burgundian law is not constituted by a series of extracts from Roman sources, but represents an organic body of norms, divided into 46 titles. The material is drawn from the *Codices Gregorianus*, *Hermogenianus*, and *Theodosianus*; it includes some *Novellae*, among which the most recent is by Anthemius, the *Sententiae* attributed to Paul (v.), and a writing by Gaius (v.), probably a summary of the *Institutiones*. In some early editions the *lex Romana Burgundionum* is indicated by the name *Papianus*; this is due to the fact that in some manuscripts the Burgundian law follows the *lex Romana Wisigothorum*, whose final chapter contains a passage from Papinian (v.), and some copyist considered this chapter as the first of the *lex Romana Burgundionum*, so that *Papianus* (from *Papinianus*) came to be regarded as the title of the compilation.

The *lex Romana Burgundionum* was first edited by Cuiacius in 1566; the most recent Italian edition is in *Fontes iuris Romani anteiustiniani* (II, Florence 1940, pp. 713–50).

The *Edictum Theodorici*, promulgated after 503, is divided into 155 chapters, the material of which is drawn from the *Codices Gregorianus*, *Hermogenianus*, and *Theodosianus*, and from the post-Theodosian *Novellae*. Among the works of jurisprudence, the *Sententiae* attributed to Paul were also used here; it is uncertain, however, whether other works were consulted directly, especially since the chapters of the *Edictum* do not bear indications of sources and do not preserve even the original text, which is always paraphrased.

The compilation was first edited by P. Pithou, on the basis of two now-lost manuscripts; the definitive edition is that of F. Bluhme (in *MGH, Leges*, V, pp. 149 ff.), upon which the most recent Italian edition is also based (in *Fontes*, op. cit., pp. 684–710).

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