Assizes of Ariano
Encyclopedia
The Assizes of Ariano were a series of laws promulgated in the summer of 1140 at Ariano, near Benevento
in the Mezzogiorno
, by Roger II of Sicily
. Having recently pacified the peninsula, constantly in revolt, he had decided to make a move to more centralised government. The assizes established the large Sicilian bureaucracy and sought to maintain the feudal system under strict royal control. It contained forty clauses that touched on all possible topics of contemporary legal concern: private property, public property, the church, civil law, royal finances, the military. The work was advanced for its day, deriving its precepts not only from Norman and French, but also Muslim and Byzantine (especially Justinian), legal theories.
The first half of 1140 was spent by Roger in Palermo
preparing the assizes. They were certainly well-planned. Despite having written the legislation in his capital, in July, he traveled in state to Salerno
, the capital of the duchy of Apulia
, and thence to the Abruzzi, where he examined the conquests of his sons: Roger
and Alfonso
. These men, now duke of Apulia and prince of Capua respectively, had consolidated the peace on the peninsula and made it possible for the great legislation that year.
The assizes affirm that the king is the only lawgiver in Sicily, that he is both judge and priest (he held the legatine
powers from the pope
), and all Sicilians were equal and under the same laws, whether Latin, Greek, Jew, or Muslim, Norman, Lombard, or Arab. It punished treason with death. It was also detailed in other crimes of violence: cowardice in battle, arming a mob, or withholding support from the king or his allies. Ecclesiastically, Christian heretics and apostates lost their rights. Bishops were excused from attendance at courts, though the king was granted override on this, as on everything, and there could be no appeals. Militarily, the knightly class was closed. Nobody could become a knight if had no knightly lineage. Finally, the assizes did not ignore the commoners and demanded that they be treated with justice and be burdened not unduly by their lords.
Roger's final act at Ariano was the issuance of a low-quality coinage standard for the entire realm: the ducat
. The coin, mostly copper and some silver, not gold as later, rapidly grew in importance. It was named after the duchy of Apulia.
The assizes survive in two manuscripts, slightly differing from one another, though what are omissions and what additions is unknown. These were found in 1856 in the Vatican archives and those of Monte Cassino
.
The Assizes of Ariano are the legislations promulgated by King Roger II of Sicily. Once his kingdom was consolidated he issued a series of laws, although it is unknown where or when he did this. It is presumed that the laws were issued around 1140, for it was only after this date that officials can be found all over the kingdom - before then they only appear sporadically.
Ariano was only an assembly of bishops and nobles and not a 'general assembly' in which all free men played a part. Important issues such as the military, obligations of vassals and the recognizance of the countries, and legislation was issued.
The ' Assizes of Ariano' survive in only two composite juridical manuscripts. The fullest text is that contained in Codice Vaticano latino 8782, which can be dated back to the end of the twelfth century and which contains forty four assizes, as well as a prologue. The second the Codex 468 of the library of Montecassino dates from the first half of the thirteenth century. It transmits only an abbreviated version of the laws, although it also contains some additions and another seven assizes which are lacking in the Vatican manuscript.
The Assizes of King Roger provide the first example of territorial legislation based upon Roman (Justinaic) law "they precede, and were more important in practice than, the purely academic rediscovery of Roman law." Roger's recourse to the example of the Roman emperors is indicative how ambitious his intentions were. The Assizes touch on only some aspects of the law; ecclesiastical, public, marriage and criminal. Alongside them customary law remained in force, unless it actual contradicted what was in the Assizes. The reason for this was "because of the variety of different people subject to our rule" Therefore the legislator was clearly very conscious of ruling over a multi-ethnic state; he respected the individual character of the various groups, although only insofar as this did not conflict with his overriding supervision.
Benevento
Benevento is a town and comune of Campania, Italy, capital of the province of Benevento, 50 km northeast of Naples. It is situated on a hill 130 m above sea-level at the confluence of the Calore Irpino and Sabato...
in the Mezzogiorno
Mezzogiorno
The Midday is a wide definition, without any administrative usage, used to indicate the southern half of the Italian state, encompassing the southern section of the continental Italian Peninsula and the two major islands of Sicily and Sardinia, in addition to a large number of minor islands...
, by Roger II of Sicily
Roger II of Sicily
Roger II was King of Sicily, son of Roger I of Sicily and successor to his brother Simon. He began his rule as Count of Sicily in 1105, later became Duke of Apulia and Calabria , then King of Sicily...
. Having recently pacified the peninsula, constantly in revolt, he had decided to make a move to more centralised government. The assizes established the large Sicilian bureaucracy and sought to maintain the feudal system under strict royal control. It contained forty clauses that touched on all possible topics of contemporary legal concern: private property, public property, the church, civil law, royal finances, the military. The work was advanced for its day, deriving its precepts not only from Norman and French, but also Muslim and Byzantine (especially Justinian), legal theories.
The first half of 1140 was spent by Roger in Palermo
Palermo
Palermo is a city in Southern Italy, the capital of both the autonomous region of Sicily and the Province of Palermo. The city is noted for its history, culture, architecture and gastronomy, playing an important role throughout much of its existence; it is over 2,700 years old...
preparing the assizes. They were certainly well-planned. Despite having written the legislation in his capital, in July, he traveled in state to Salerno
Salerno
Salerno is a city and comune in Campania and is the capital of the province of the same name. It is located on the Gulf of Salerno on the Tyrrhenian Sea....
, the capital of the duchy of Apulia
Apulia
Apulia is a region in Southern Italy bordering the Adriatic Sea in the east, the Ionian Sea to the southeast, and the Strait of Òtranto and Gulf of Taranto in the south. Its most southern portion, known as Salento peninsula, forms a high heel on the "boot" of Italy. The region comprises , and...
, and thence to the Abruzzi, where he examined the conquests of his sons: Roger
Roger III, Duke of Apulia
Roger III was the Norman duke of Apulia from 1135. He was the eldest son of King Roger II of Sicily and Elvira of Castile....
and Alfonso
Alfonso of Hauteville
Alfonso of Hauteville , third son of Roger II of Sicily and Elvira of Castile, was the prince of Capua from 1135 to his death.He was named after his maternal grandfather, Alfonso VI of Castile...
. These men, now duke of Apulia and prince of Capua respectively, had consolidated the peace on the peninsula and made it possible for the great legislation that year.
The assizes affirm that the king is the only lawgiver in Sicily, that he is both judge and priest (he held the legatine
Papal legate
A papal legate – from the Latin, authentic Roman title Legatus – is a personal representative of the pope to foreign nations, or to some part of the Catholic Church. He is empowered on matters of Catholic Faith and for the settlement of ecclesiastical matters....
powers from the pope
Pope
The Pope is the Bishop of Rome, a position that makes him the leader of the worldwide Catholic Church . In the Catholic Church, the Pope is regarded as the successor of Saint Peter, the Apostle...
), and all Sicilians were equal and under the same laws, whether Latin, Greek, Jew, or Muslim, Norman, Lombard, or Arab. It punished treason with death. It was also detailed in other crimes of violence: cowardice in battle, arming a mob, or withholding support from the king or his allies. Ecclesiastically, Christian heretics and apostates lost their rights. Bishops were excused from attendance at courts, though the king was granted override on this, as on everything, and there could be no appeals. Militarily, the knightly class was closed. Nobody could become a knight if had no knightly lineage. Finally, the assizes did not ignore the commoners and demanded that they be treated with justice and be burdened not unduly by their lords.
Roger's final act at Ariano was the issuance of a low-quality coinage standard for the entire realm: the ducat
Ducat
The ducat is a gold coin that was used as a trade coin throughout Europe before World War I. Its weight is 3.4909 grams of .986 gold, which is 0.1107 troy ounce, actual gold weight...
. The coin, mostly copper and some silver, not gold as later, rapidly grew in importance. It was named after the duchy of Apulia.
The assizes survive in two manuscripts, slightly differing from one another, though what are omissions and what additions is unknown. These were found in 1856 in the Vatican archives and those of Monte Cassino
Monte Cassino
Monte Cassino is a rocky hill about southeast of Rome, Italy, c. to the west of the town of Cassino and altitude. St. Benedict of Nursia established his first monastery, the source of the Benedictine Order, here around 529. It was the site of Battle of Monte Cassino in 1944...
.
The Assizes of Ariano are the legislations promulgated by King Roger II of Sicily. Once his kingdom was consolidated he issued a series of laws, although it is unknown where or when he did this. It is presumed that the laws were issued around 1140, for it was only after this date that officials can be found all over the kingdom - before then they only appear sporadically.
Ariano was only an assembly of bishops and nobles and not a 'general assembly' in which all free men played a part. Important issues such as the military, obligations of vassals and the recognizance of the countries, and legislation was issued.
The ' Assizes of Ariano' survive in only two composite juridical manuscripts. The fullest text is that contained in Codice Vaticano latino 8782, which can be dated back to the end of the twelfth century and which contains forty four assizes, as well as a prologue. The second the Codex 468 of the library of Montecassino dates from the first half of the thirteenth century. It transmits only an abbreviated version of the laws, although it also contains some additions and another seven assizes which are lacking in the Vatican manuscript.
The Assizes of King Roger provide the first example of territorial legislation based upon Roman (Justinaic) law "they precede, and were more important in practice than, the purely academic rediscovery of Roman law." Roger's recourse to the example of the Roman emperors is indicative how ambitious his intentions were. The Assizes touch on only some aspects of the law; ecclesiastical, public, marriage and criminal. Alongside them customary law remained in force, unless it actual contradicted what was in the Assizes. The reason for this was "because of the variety of different people subject to our rule" Therefore the legislator was clearly very conscious of ruling over a multi-ethnic state; he respected the individual character of the various groups, although only insofar as this did not conflict with his overriding supervision.
Sources
- Assizes of King Roger, the VaticanVatican CityVatican City , or Vatican City State, in Italian officially Stato della Città del Vaticano , which translates literally as State of the City of the Vatican, is a landlocked sovereign city-state whose territory consists of a walled enclave within the city of Rome, Italy. It has an area of...
manuscript. - The consolidation of power: the Assizes of Ariano at Norman World by the European CommissionEuropean CommissionThe European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
. - Norwich, John JuliusJohn Julius NorwichJohn Julius Cooper, 2nd Viscount Norwich CVO — known as John Julius Norwich — is an English historian, travel writer and television personality.-Early life:...
. The Kingdom in the Sun 1130-1194. Longman: LondonLondonLondon is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
, 1970. - Pennington, Kenneth. "The Birth of the Ius commune: King Roger II's Legislation." Rivista internazionale del diritto comune, 17 (2006).