A numerous army constitutes but a small nation, and the powers of the Lombards were soon diminished by the retreat of the twenty thousand Saxons. When Alboin descended from the Alps, he invested his nephew, the first duke of Friuli, with the command of the province and the people; but the prudent Gisulf would have declined the dangerous office, unless he had been permitted to choose, among the nobles of the Lombards, a sufficient number of families to form a perpetual colony of soldiers and subjects. In the progress of conquest, the same option could not be granted to the dukes of Brescia or Bergamo, of Pavia or Turin, of Spoleto or Benevento; but each of these, and each of their colleagues, settled in his appointed district with a band of followers who resorted to his standard in war and his tribunal in peace. Their attachment was free and honourable: resigning the gifts and benefits which they had accepted, they might emigrate with their families into the jurisdiction of another duke; but their absence from the kingdom was punished with death, as a crime of military desertion.
The posterity of the first conquerors struck a deeper root into the soil, which, by every motive of interest and honour, they were bound to defend. A Lombard was born the soldier of his king and his duke; and the civil assemblies of the nation displayed the banners, and assumed the appellation of a regular army. Of this army, the pay and the rewards were drawn from the conquered provinces; and the distribution, which was not effected till after the death of Alboin, is disgraced by the foul marks of injustice and rapine.
Many of the most wealthy Italians were slain or banished; the remainder were divided among the strangers; and a tributary obligation was imposed (under the name of hospitality), of paying to the Lombards a third part of the fruits of the earth. Within less than seventy years, this artificial system was abolished by a more simple and solid tenure. Either the Roman landlord was expelled by his strong and insolent guest; or the annual payment, a third of the produce, was exchanged by a more equitable transaction for an adequate proportion of landed property. Under these foreign masters, the business of agriculture, in the cultivation of corn, vines, and olives, was exercised with degenerate skill and industry by the labour of the slaves and natives. But the occupations of a pastoral life were more pleasing to the idleness of the barbarians. In the rich meadows of Venetia, they restored and improved the breed of horses for which that province had once been illustrious.
THE REIGN AND WOOING OF AUTHARI
So rapid was the influence of climate and example, that the Lombards of the fourth generation surveyed with curiosity and affright the portraits of their savage forefathers. Their heads were shaven behind, but the shaggy locks hung over their eyes and mouths, and a long beard represented the name and character of the nation. Their dress consisted of loose linen garments, after the fashion of the Anglo-Saxons, which were decorated, in their opinion, with broad stripes of variegated colours. The legs and feet were clothed in long hose, and open sandals; and even in the security of peace a trusty sword was constantly girt to their side. Yet this strange apparel, and horrid aspect, often concealed a gentle and generous disposition: and as soon as the rage of battle had subsided, the captives and subjects were sometimes surprised by the humanity of the victor. The vices of the Lombards were the effect of passion, of ignorance, of intoxication; their virtues are the more laudable, as they were not affected by the hypocrisy of social manners, nor imposed by the rigid constraint of laws and education. The adventurous gallantry of Authari breathes the true spirit of chivalry and romance. After the loss of his promised bride, a Merovingian princess, he sought in marriage the daughter of the king of Bavaria; and Garibald accepted the alliance of the Italian monarch. Impatient of the slow progress of negotiation, the ardent lover escaped from his palace and visited the court of Bavaria in the train of his own embassy. At the public audience, the unknown stranger advanced to the throne, and informed Garibald that the ambassador was indeed the minister of state, but that he alone was the friend of Authari, who had trusted him with the delicate commission of making a faithful report of the charms of his spouse.
Theudelinda was summoned to undergo this important examination; and after a pause of silent rapture, he hailed her as the queen of Italy, and humbly requested that, according to the custom of the nation, she would present a cup of wine to the first of her new subjects. By the command of her father she obeyed: Authari received the cup in his turn, and, in restoring it to the princess, he secretly touched her hand, and drew his own finger over his face and lips. In the evening, Theudelinda imparted to her nurse the indiscreet familiarity of the stranger, and was comforted by the assurance that such boldness could proceed only from the king, her husband, who, by his beauty and courage, appeared worthy of her love. The ambassadors were dismissed; no sooner did they reach the confines of Italy than Authari, raising himself on his horse, darted his battle-axe against a tree with incomparable strength and dexterity. “Such,” said he to the astonished Bavarians, “such are the strokes of the king of the Lombards.” On the approach of a French army, Garibald and his daughter took refuge in the dominions of their ally; and the marriage was consummated in the palace of Verona. At the end of one year, it was dissolved by the death of Authari (Sept. 5th, 590), but the virtues of Theudelinda had endeared her to the nation, and she was permitted to bestow, with her hand, the sceptre of the Italian kingdom.
LOMBARD GOVERNMENT AND LAW
From this fact, as well as from similar events, it is certain that the Lombards possessed freedom to elect their sovereign, and sense to decline the frequent use of that dangerous privilege. The public revenue arose from the produce of land, and the profits of justice. When the independent dukes agreed that Authari should ascend the throne of his father, they endowed the regal office with a fair moiety of their respective domains. The proudest nobles aspired to the honours of servitude near the person of their prince: he rewarded the fidelity of his vassals by the precarious gift of pensions and “benefices”; and atoned for the injuries of war by the rich foundation of monasteries and churches. In peace a judge, a leader in war, he never usurped the powers of a sole and absolute legislator. The king of Italy convened the national assemblies in the palace, or more probably in the fields of Pavia: his great council was composed of the persons most eminent by their birth and dignities; but the validity, as well as the execution, of their decrees, depended on the approbation of the “faithful” people, the “fortunate” army of the Lombards.
About fourscore years after the conquest of Italy, their traditional customs were transcribed in Teutonic Latin, and ratified by the consent of the prince and people: some new regulations were introduced, more suitable to their present condition; the example of Rothari was imitated by the wisest of his successors, and the laws of the Lombards have been esteemed the least imperfect of the barbaric codes. Secure by their courage in the possession of liberty, these rude and hasty legislators were incapable of balancing the powers of the constitution, or of discussing the nice theory of political government.
Such crimes as threatened the life of the sovereign, or the safety of the state, were adjudged worthy of death; but their attention was principally confined to the defence of the person and property of the subject. According to the strange jurisprudence of the times, the guilt of blood might be redeemed by a fine; yet the high price of nine hundred pieces of gold declares a just sense of the value of a simple citizen. Less atrocious injuries, a wound, a fracture, a blow, an opprobrious word, were measured with scrupulous and almost ridiculous diligence; and the prudence of the legislator encouraged the ignoble practice of bartering honour and revenge for a pecuniary compensation.