Assisen from Ariano

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Assisen von Ariano is the name for 44 laws of Rogers II. Of Sicily , 39 of which were taken over into the constitutions of Melfi .

They were first taken from Cod.Vat.lat. In 1856 by J. Merkel. Published 8782. The heading Assise regum regni Sicilie can only be found in the later manuscript 468 from Montecassino . In the meantime a Greek version has also become known.

Emergence

It has. Brought the assizes with the administrative and judicial reform Rogers II in connection, on the Falco of Benevento , which connect to the court day in Ariano establishes in 1140 (where he speaks only of a monetary reform), and Romuald of Salerno report , for which the measures serve to secure the peace achieved, but which does not indicate a date.

In the literature it is controversial whether the assistants can actually be assigned to the court day in Ariano. Brandileone and Caspar advocated this, but Niese already says that such an attribution is doubtful. The opinion of Ménager, who wanted to put the creation of both versions in the 13th century, is supported today by Loud, for example, but could not be generally accepted. However, today one assumes legislative activity on a case-by-case basis, the individual regulations of which were only edited as a collection at a later point in time, but still in the 12th century and possibly even during Roger's lifetime, i.e. similar to the development of the canonical collections of the time . We cannot say anything about the editor; it is obvious to ascribe him a legal education, for example in Bologna (most recently Ken Pennington ).

Content and templates

The Vatican Collection has a systematic structure. According to the Proömium, Ass. 1 standardizes the continued validity of the previous rights, unless otherwise stipulated below.

  • Ass. Vat. 2 - 16 Regulations on the ecclesiastical area
  • Ass. Vat. 17 - 26: public law, a. a. Crimes of Majesty, Forgery Offenses and Titles
  • Ass.Vat. 27 - 33 Marriage Law
  • Ass. Vat. 34 - 35, 37 - 43 Criminal law, including manslaughter and arson
  • Ass. Vat. 36 is the oldest provision on a state licensing examination for doctors
  • Ass. Vat. 44 sets sanctions for unjust judges.

The texts of the Cassineser editorial team are often shortened by the rhetorical parts that stem from the first documented versions. The collection contains novellas by Rogers II from the period after 1140 (Ass. Cass. 33, 35, 36, 39) and pieces that are ascribed to an unspecified King Wilhelm (Ass. Cass. 34, 37, 38). Ass. Vat. 16, a regulation against Simonist clerics, Ass.Vat. 22, which contains procedural regulations for the falsification offense, as well as Ass. Vat.36, the medical approval test. The regulations relate largely to passages from the Digest and Justinian's Codex. Some of the positions are taken literally.

The area of ​​private law remained largely untouched, the regulations concerned public law and criminal law as well as state church law.

Adoption into the Melfi constitutions

39 Assises have been included in the Constitutions, mainly in Book III. Ass. Vat. 22, the code of procedure for the forgery process, is one of the items not recorded. This could be due to the further development of the Roman legal regulations by Innocent III. have, even if one waived direct adoptions from canon law.

Whether there were also collections of ordinances by the successors of Rogers, Wilhelm I and Wilhelm II remains to be seen. A number of prescriptions are included in the constitutions, which in the manuscripts are ascribed to a King Wilhelm; In individual cases, we can provide documentary evidence of the publication (this applies in particular to the regulations on the place of jurisdiction of the clergy and the delimitation of competences between the secular and the spiritual courts in matters of adultery).

literature

expenditure

  • Francesco Brandileone, Il diritto romano nelle leggi normanne e sueve del Regno di Sicilia , Torino, 1884.
  • Gennaro Maria Monti, Lo Stato normanno svevo. Lineamenti e ricerche , Trani 1945, pp. 83-184 - a synoptic comparison of Ass. Vat., Ass. Cas. and constitutions.
  • Le Assise di Ariano: testo critico, traduzione e note a cura di Ortensio Zecchino, Cava dei Tirreni, Di Mauro, 1984

Studies

  • Horst Enzensberger : Assisen from Ariano . In: Lexicon of the Middle Ages (LexMA). Volume 1, Artemis & Winkler, Munich / Zurich 1980, ISBN 3-7608-8901-8 , Sp. 1123 f.
  • Léon-Robert Ménager , La législation sud-Italienne sous la domination normande . In: I Normanni e la loro espansione in Europa nell'alto medio evo , Spoleto 1969, pp. 439–496.
  • Ludwig Burgmann, A Greek version of the "Assisen von Ariano". In: Fontes Minores V (1982), pp. 179-192. ( Online access via res doctae )
  • Christoph Ulrich Schminck : Crimen laesae maiestatis. The political criminal law of Sicily according to the Assises of Ariano (1140) and the Constitutions of Melfi (1231) (= studies on German state and legal history. NF Vol. 14). Scientia-Verlag, Aalen 1970, ISBN 3-511-02834-5 (at the same time: Frankfurt am Main, University, dissertation, 1969).

Web links

Remarks

  1. ↑ Erich Caspar , Roger II. (1101-1154) and the foundation of the Norman-Sicilian monarchy , Innsbruck 1904, p. 237. 275
  2. ↑ Hans Niese, The Legislation of the Norman Dynasty in the Regnum Siciliae , 1910, pp. 37-100
  3. ^ Graham A. Loud : Roger II and the Creation of the Kingdom of Sicily . Manchester University Press, Manchester 2012, pp. 42-43 .
  4. ^ Horst Enzensberger , Il documento pubblico nella prassi burocratica dell'età normanno-sveva . In: Schede medievali 17 (1989), p. 305 f.