She became the mediator between the Lombards and the Catholic Church. Authari, who had brought her to Italy, died shortly after his marriage. But Theodelinda had so won on the Lombard chiefs that they bid her as queen choose the one among them whom she would have for her husband and for king. She chose Agilulf, duke of Turin (592–615). He was not a true Langobard, but a Thuringian. It was the beginning of peace between the Lombards and the Catholic clergy. Agilulf could not abandon his traditional Arianism, and he was a very uneasy neighbour, not only to the Greek exarch, but to Rome itself. But he was favourably disposed both to peace and to the Catholic Church. Gregory interfered to prevent a national conspiracy against the Langobards, like that of St Brice’s day in England against the Danes, or that later uprising against the French, the Sicilian Vespers. He was right both in point of humanity and of policy. The Arian and Catholic bishops went on for a time side by side; but the Lombard kings and clergy rapidly yielded to the religious influences around them, even while the national antipathies continued unabated and vehement. Gregory, who despaired of any serious effort on the part of the Greek emperors to expel the Lombards, endeavoured to promote peace between the Italians and Agilulf; and, in spite of the feeble hostility of the exarchs of Ravenna, the pope and the king of the Lombards became the two real powers in the north and centre of Italy. Agilulf was followed, after two unimportant reigns, by his son-in-law, the husband of Theodelinda’s daughter, King Rothari (636–652), the Lombard legislator, still an Arian though he favoured the Catholics. He was the first of their kings who collected their customs under the name of laws—and he did this, not in their own Teutonic dialect, but in Latin. The use of Latin implies that the laws were to be not merely the personal law of the Lombards, but the law of the land, binding on Lombards and Romans alike. But such rude legislation could not provide for all questions arising even in the decayed state of Roman civilization. It is probable that among themselves the Italians kept to their old usages and legal precedents where they were not overridden by the conquerors’ law, and by degrees a good many of the Roman civil arrangements made their way into the Lombard code, while all ecclesiastical ones, and they were a large class, were untouched by it.
There must have been much change of property; but appearances are conflicting as to the terms on which land generally was held by the old possessors or the new comers, and as to the relative legal position of the two. Savigny held that, making allowance for the anomalies and usurpations of conquest, the Roman population held the bulk of the land as they had held it before, and were governed by an uninterrupted and acknowledged exercise of Roman law in their old municipal organization. Later inquirers, including Leo, Troya and Hegel, have found that the supposition does not tally with a whole series of facts, which point to a Lombard territorial law ignoring completely any parallel Roman and personal law, to a great restriction of full civil rights among the Romans, analogous to the condition of the rayah under the Turks, and to a reduction of the Roman occupiers to a class of half-free “aldii,” holding immovable tenancies under lords of superior race and privilege, and subject to the sacrifice either of the third part of their holdings or the third part of the produce. The Roman losses, both of property and rights, were likely to be great at first; how far they continued permanent during the two centuries of the Lombard kingdom, or how far the legal distinctions between Rome and Lombard gradually passed into desuetude, is a further question. The legislation of the Lombard kings, in form a territorial and not a personal law, shows no signs of a disposition either to depress or to favour the Romans, but only the purpose to maintain, in a rough fashion, strict order and discipline impartially among all their subjects.
From Rothari (d. 652) to Liutprand (712–744) the Lombard kings, succeeding one another in the irregular fashion of the time, sometimes by descent, sometimes by election, sometimes by conspiracy and violence, strove fitfully to enlarge their boundaries, and contended with the aristocracy of dukes inherent in the original organization of the nation, an element which, though much weakened, always embarrassed the power of the crown, and checked the unity of the nation. Their old enemies the Franks on the west, and the Slavs or Huns, ever ready to break in on the north-east, and sometimes called in by mutinous and traitorous dukes of Friuli and Trent, were constant and serious dangers. By the popes, who represented Italian interests, they were always looked upon with dislike and jealousy, even when they had become zealous Catholics, the founders of churches and monasteries; with the Greek empire there was chronic war. From time to time they made raids into the unsubdued parts of Italy, and added a city or two to their dominions. But there was no sustained effort for the complete subjugation of Italy till Liutprand, the most powerful of the line. He tried it, and failed. He broke up the independence of the great southern duchies, Benevento and Spoleto. For a time, in the heat of the dispute about images, he won the pope to his side against the Greeks. For a time, but only for a time, he deprived the Greeks of Ravenna. Aistulf, his successor, carried on the same policy. He even threatened Rome itself, and claimed a capitation tax. But the popes, thoroughly irritated and alarmed, and hopeless of aid from the East, turned to the family which was rising into power among the Franks of the West, the mayors of the palace of Austrasia. Pope Gregory III. applied in vain to Charles Martel. But with his successors Pippin and Charles the popes were more successful. In return for the transfer by the pope of the Frank crown from the decayed line of Clovis to his own, Pippin crossed the Alps, defeated Aistulf and gave to the pope the lands which Aistulf had torn from the empire, Ravenna and the Pentapolis (754–756). But the angry quarrels still went on between the popes and the Lombards. The Lombards were still to the Italians a “foul and horrid” race. At length, invited by Pope Adrian I., Pippin’s son Charlemagne once more descended into Italy. As the Lombard kingdom began, so it ended, with a siege of Pavia. Desiderius, the last king, became a prisoner (774), and the Lombard power perished. Charlemagne, with the title of king of the Franks and Lombards, became master of Italy, and in 800 the pope, who had crowned Pippin king of the Franks, claimed to bestow the Roman empire, and crowned his greater son emperor of the Romans (800).
Effects of the Carolingian Conquest.—To Italy the overthrow of the Lombard kings was the loss of its last chance of independence and unity. To the Lombards the conquest was the destruction of their legal and social supremacy. Henceforth they were equally with the Italians the subjects of the Frank kings. The Carolingian kings expressly recognized the Roman law, and allowed all who would be counted Romans to “profess” it. But Latin influences were not strong enough to extinguish the Lombard name and destroy altogether the recollections and habits of the Lombard rule; Lombard law was still recognized, and survived in the schools of Pavia. Lombardy remained the name of the finest province of Italy, and for a time was the name for Italy itself. But what was specially Lombard could not stand in the long run against the Italian atmosphere which surrounded it. Generation after generation passed more and more into real Italians. Antipathies, indeed, survived, and men even in the 10th century called each other Roman or Langobard as terms of reproach. But the altered name of Lombard also denoted henceforth some of the proudest of Italians; and, though the Lombard speech had utterly perished their most common names still kept up the remembrance that their fathers had come from beyond the Alps.
But the establishment of the Frank kingdom, and still more the re-establishment of the Christian empire as the source of law and jurisdiction in Christendom, had momentous influence on the history of the Italianized Lombards. The Empire was the counterweight to the local tyrannies into which the local authorities established by the Empire itself, the feudal powers, judicial and military, necessary for the purposes of government, invariably tended to degenerate. When they became intolerable, from the Empire were sought the exemptions, privileges, immunities from that local authority, which, anomalous and anarchical as they were in theory, yet in fact were the foundations of all the liberties of the middle ages in the Swiss cantons, in the free towns of Germany and the Low Countries, in the Lombard cities of Italy. Italy was and ever has been a land of cities; and, ever since the downfall of Rome and the decay of the municipal system, the bishops of the cities had really been at the head of the peaceful and industrial part of their population,
