And now concerning slaves, who seem to have been divided into three classes.
The Aldius and Aldia, masculine and feminine, who were of a higher rank than other slaves.
The Aldius could marry a free woman, while the slave marrying a free woman is punishable by death; and, as experimentum crucis, if an Aldius married an Aldia or a free woman, the children followed the father. If he married a slave, the children followed the mother, and became slaves of his lord.
The Aldius, again, may not sell his lord’s land or slaves, which indicates that he held land and slaves under his lord.
What the word means, Grimm does not seem to know. He thinks it synonymous with ‘litus,’ of whom we hear as early as Tacitus’ time, as one of the four classes, nobles, freemen, liti, slaves; and therefore libertus, a freedman. But the word does not merely mean, it appears, a slave half freed by his master; but one rather hereditarily half free, and holding a farm under his lord.
Dió, however, is said to be an old German word for a slave; and it is possible that aldius (a word only known, seemingly, in Lombardy) may have signified originally an old slave, an old Roman colonus, or peasant of some sort, found by the conquerors in possession of land, and allowed to retain, and till it, from father to son. We, in England, had the same distinction between ‘Læt,’ or ‘villains’ settled on the land, glebæ adscripti, and mere thralls or theows, slaves pure and simple. No doubt such would have better terms than the mere mancipia—slaves taken in war, or bought—for the simple reason, that they would be agriculturists, practised in the Roman tillage, understanding the mysteries of irrigation, artificial grasses, and rotation of crops, as well as the culture of vines, fruit, and olives.
Next to them you have different sorts of slaves; Servus massarius, who seems to be also rusticanus, one who takes care of his lord’s ‘massa’ or farm, and is allowed a peculium, it seems, some animals of his own, which he may not sell, though he may give them away. And again, servus doctus, an educated household slave, whose weregeld is higher than that of others.
The laws relating to fugitive slaves seem as merciful as such things can be; and the Lombards have always had the credit of being kind and easy masters.
Connected with fugitive slaves are laws about portunarii, ferrymen, who appear, as you know, in the old ballads as very important, and generally formidable men. The fight between Von Troneg Hagen and the old ferryman in the Nibelungen Lied, is a famous instance of the ancient ferrymen’s prowess. One can easily understand how necessary strict laws were, to prevent these ferrymen carrying over fugitive slaves, outlaws, and indeed any one without due caution; for each man was bound to remain in his own province, that he might be ready when called on for military service; and a traveller to foreign parts was looked on as a deserter from his liege-lord and country.
Then follow a great number of laws, to me both amusing and instructive, as giving us some glimpse of the country life of those Lombards in the 8th century.