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Institutio Sclavenica |
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Veca - the National Assembly |
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The Provincial Diets |
| The Rota |
| as the oath was called in the Slovenian juridical tradition |
| and the Slovenian historical law - institutio Sclavenica |
| Dr. Jožko Šavli |
| The scholarly organ of the Slovenian Museum Society (Glasilo muzejskega društva za Slovenijo XXII, 1941), presents the well-known historian Josip Mal, who published a paper on the Rota, as the oath was called in the pre-Christian period by Slovenians from Carantania. It is true, that the author based his essay on a presupposed common juridical tradition of the Slavs, by quoting some examples from history on Russians (related to Nestor) and on Elbe Slavs (related to Helmold). Anyway, in general he presents very thoroughly this juridical documents among the ancient Slovenians. |
| Josip Mal states right in the beginning, that the word "rota" in its origin was like a conjuration, in the magic sense of the word. In the pre-Christian period, it was usually performed at certain places, which had a sacred or symbolic meaning, like certain trees, sources, or stones. Nevertheless, the Christendom did not tolerate such oath procedures, which remained from the pagan period, in particular before the trial. The procedures were replaced with the touch of the crucifix, the reliquary, the altar, or the Gospel, which was called prisega (to put the hand on something). |
| However, the custom of taking an oath at certain symbolic places was preserved for a very long time in the Christian period. In Carinthia, such places have attested names of several villages, like Rotišce (Rotheis) on the northern side of Svatne (Zollfeld), or Rötting (Rotin) near Friesach (Breze), in the German speaking area of the country. Close to the latter, there still exists a "gschworn Brunn" (an oath-fountain). Near Hermagor (Šmohor) in the Zila Valley, lies the village Rattendorf (Rotna vas), where already in 898 AD a "conjuratus fons" has been quoted. |
| After Christianization, the pagan period was forgotten, but the expression "rota" continued to exist. It lived on in people's vocabulary side by side with the word "prisega". So, we encounter in the well-known Monumenta Frisingensia (Brizinski spomeniki), the first Slovenian written text of ca. 970 AD, the expressions: spitna rota, meaning a false oath, and nepravedna rota, an oath, which was not intended to be held. |
| According to the juridical deeds, the Rota was given by witnesses. The ancient Slovenian law, too, knew the eyewitness called svidok (testis de visu), who made an oath about what he had seen. It knew also the earwitness called posluh (testis de auditu), who, through hearing, became a witness of the suspect's good name, so that he would be offered a chance to prove his innocence. At the court of justice, the members of the jury also had to take an oath (rota), and were called therefore porotniki, and the jury was called porota. |
| The aforesaid institutions and juridical customs were expressions of the Slovenian law. It formed the base of the Slovenian State, which, in the early Middle Ages, was a member of the Christian community of duchies and kingdoms, under the protection of the Frankish king (8th century AD). Later, this community was called the Holy Roman Empire, as to stress its Christian European character, in defence against the threats of Islam. The word "Roman" meant, that this Christian community had its centre with the Pope in Rome. |
| Since 828 AD, the Slovenian duchy of Carantania was part of the Kingdom of the Eastern Franks, which also included Bavaria, Swabia, Franconia, and Saxony. This Kingdom was a confederation of those respective national duchies. Their statehood, at that time, was not extended over a territory. It was contained in the law of each one of them. |
| The individual national law was similar to modern citizenship. It pertained to a member of a nation, even if he was abroad. There, he had the right to be judged according to the law of his country, to which he belonged. And also the conclusion of the juridical deeds was carried out in sense of the same law. Therefore, his first liability was to declare to which law he pertained - professio iuris. Anyway, this declaration was necessary in any concrete duchy, when it concerned the law of another nation. Not earlier, then after the 11th century AD, the national law passed from the people on to the territory. |
| These national laws were preserved as juridical habits (consuetudo). Later, many of them were also registered in codices. The Kingdom of the Eastern Franks maintained the codices of two Frankish laws - lex Salica and lex Ripuaria, the Bavarians had their lex Baiuvariorum, the Swabians their lex Alamannorum, the Saxonians their lex Saxonum. Other leges, like the lex Frisionum or the lex Thuringiorum were of less importance. |
| Institutio Sclavenica |
| The law of the Slovenian people in Carantania was not registered in a codex. It was preserved as the consuetudo. But the majority of historians do not mention it in their papers. Why? For the simple reason, that they do not want to acknowledge the existence of the Slovenian State of Carantania. It has been omitted in the Austrian or Bavarian, as well as in the Italian historical books. It is mentioned in the Yugoslav (Slovenian) ones, but the historians there, follow the centralistic and hegemonistic directives from Belgrade and let it cease already in 820 AD. From then on, Slovenians should have fallen under the "German yoke" for a millennium, until their Serbian brethren came to their rescue, in 1918. |
| It certainly is an explanation of Slovenian history in sense of the unitaristic Yugoslav ideology, which continued to be practised even in independent Slovenia. It gives the appearance, as if the State of Slovenia would have only a formal "independence". Be it as it may, the fact is, that much later, around 1010 AD, the Slovenian law was mentioned in the records under the name institutio Sclavenica (cf. Fr. Kos, Gradivo II, 11). It is about the witness, which pertained to the Slovenian law, (it gives evidence of the Slovenian law)- Sclauenice institutionis testes. |
| These witnesses, apart from those of the Bavarian law, were present at the foundation of the monastery of the Benedictiness at St. Georgen in Carinthia, founded by Countess Wichpurg. In spite of her German name, she was a Carantanian lady, and only due to the fact, that she pertained to the Slovenian law, she had the legal right to found the monastery. In sense of the Carantanian law, she had the juridical capacity and the capacity of action, which the German lady, in sense of the Germanic laws, did not possess. |
| At the founding of the monastery, in sense of the Slovenian law, she donated to the new monastery a property near the village of Prevare (Projern) - in loco, qui dicitur preuuara cum communi omnium Slavica lege. Thus, we find here also the name Slavica lex for the Carantanian Slovenian law. We find this quotation in the historical sources published in the middle of the 19th century (cf. Ankershofen, 1848). Later, the word "Slavica" was omitted and quoted ... cum communi omnium lege..., as we see in the Monumenta ducatus Carinthiae (III, 87), published by Jaksch (1896 - 1915). Of course, due to the denial of the Slovenian State and law, the "Slavica lex" has been omitted by all modern Carinthian and Austrian historians, also by Claudia Fräss - Ehrfeld (1984), as well as by the Yugoslav (Slovenian) ones. |
| Veca - the National Assembly |
| The "rota" (oath) was also the juridical basis in the proceeding of the people's assemblies. They were not only characteristic for the Slovenian juridical tradition. The assemblies were known also to German peoples, and since the 6th century AD, when the king's power prevailed, they were presided by a king's messenger called missus. In German language, the people's meeting was called Taiding, and in the Latin charter placitum. Usually the meetings were convoked three times a year, and since the 8th century, only the delegates, chosen by the people, participated in them. In the Latin charters, the delegates were called "boni homines" (good men), and they administered an oath. |
| In Carantania, the popular assembly of the village was called Sosednja, the meeting of the neighbours (from "sosed" - neigbour), the chair of which was the Zupan (pron. jupan - mayor). On the level of a county the meeting was called Pojezda (pron. poyesda - cavalcade), because the participants arrived on horseback at a certain place. It was presided by the glavar (head of the county). Of course, the participants took the oath or "rota" on every occasion. |
| At the national level, such a meeting was called Veca (pron. vetchah). First of all, there was the assembly, which elected the duke. Many people participated in this meeting, but only the "boni homines", i.e., the people's delegates, elected the duke. Before they arrived at the veca, they were elected in their counties, and they swore an oath, the "rota". The German written source, the juridical book called Schwabenspiegel (Swabian Mirror, ca. 1275) quotes, that at the "veca", the delegates elected first a chairman, which the source calls a "judge". Thus, the "veca" was also the highest judicial assembly. The chairman was elected irrespectively of his rank, of noble or simple birth, regarding only honesty and truth (byderbkait vnd warhaitt), and whom they considered the most cogent (waegst), the most reasoning (best dunkt) and the wisest (wisost). They acted in sense of the "rota" they had previously given to their fellow citizens and to the country (State). |
| Then, the chairman asked all the delegates, and thereafter each one of them, if they considered the nominated sir and duke useful (nütz) and good (guot). If he did not please them, then the Kingdom had to send another one. If he pleased them, then, after conclusion of the general formalities (mit gemeinen raut), all the people, poor and rich, went to accept the new duke in a nice and honest way, as it was in sense of the law and custom of the country. The following act was the installation of the new duke on the Prince's Stone at the castle Krn (Karnburg)... |
| Thereafter, the new duke with his suite crossed the field and entered the cathedral of Gospa Sveta (Maria Saal), where, during the solemn mass, he was blessed by the bishop or by a high prelate. After mass followed a festive lunch. Thereafter, the new duke and his suite went to the field under the hill where the Duke's Throne was standing, which still today can be seen on the field under the open sky. Sitting on the throne, the new duke bestowed the fiefs and listened to grievances. |
| It is but very interesting, that he - certainly in sense of the Slavica lex - could be accused only in Slovenian language and only by a Slovenian man, as to not concede him the right. Carinthian historians state, that the Slovenian man could have been also of a different origin, for example Bavarian... Therefore, it is certain, that in this occasion the word "Slovenian" meant the appurtenance to the Slavica lex, not to the Slovenian language. Nevertheless, the plaint had to be expressed only in Slovenian language. |
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| The oldest illustration of the Installation of the Carantanian (Carinthian) duke in the Austrian Chronicle of the 95 Seigniories (Österreichische Chronik von den 95 Herrschaften). |
| The illustrator joined more scenes into one picture: |
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The Duke, dressed in peasant clothe, is arriving on horseback (in fact: he arrived between a battle horse and a bull). | |
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Then, the Duke dressed in his princely clothe is sitting on the Prince's Stone, after having given his Rota (oath) to the people with the sword. | |
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The so-called "princely" peasant, who occupied this place before the Duke, is behind him, sitting on a chair. The illustrator, evidently in a wrong way, meant the Slovenian man and the Duke's Throne, on which but only the duke was permitted to sit. | |
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The illustration dates from 1479 |
| Here, we encounter, however, a very interesting phenomenon. The duke could have replied to the plaintiff, that he does not understand his language, and in this way he would not have to deal any longer with his plaint. - He, as a Slovenian ruler, was not allowed to refuse the plaint of a Slovenian man (Carantanian), but as Prince of the State (Kingdom of the Eastern Franks - Germany) he was subordinated to the king's court only. When the new duke, under pretext of incomprehensibility, avoided an answer to the Slovenian plaintiff, it was so, because he, in this way, chose the competence of the king's court. In this case, the Slovenian man had to accuse him a second time, i.e., before the king's court. |
| When Carantania, together with other duchies, were part of the Kingdom of the Eastern Franks (since 828 AD), duke candidates were mostly sent from the king's court. Nevertheless, in sense of the institutio Sclavenica, he had to be of Carantanian blood, or at least in his father's or his mother's line. Therefore, Duke Arnulf of Carinthia (*ca. 845 - † 899), King (887) and Emperor (896), who was the natural son of the Frankish royal prince Carloman and Ljudvina (Liutswind), a Carantanian noble lady, was a legal ruler in sense of the Carantanian law. |
| Yet, in 1036, Duke Adalbero of Carantania († 1039) was deposed by the king. The new King Henry III, because of the dispute between the royal court and the Carantanias, did not appoint a new ruler, but ruled Carantania "himself". In fact, the ruler of Carantania was Markvard, Adalbero's son. It is possible, that he was also installed at the Prince's Stone, but he certainly must have given his Rota to the land and to the people. When in 1047, the court appointed a certain Welf as the new Carantanian duke, Carantanians prevented him from reigning, because he was a stranger († 1055). In 1056, when the court sent another foreigner, a certain Kuno, the Carantanian army rejected him and his suite already at the border. When in 1061, a third foreigner, by the name of Bertold Zähringer was appointed, the Carantanian Veca prevented also him from reigning. The very ruler remained Markvard, until his death in 1075. Then, in 1076, his son Luitold (Leopold) was appointed by the king's court. |
| The Provincial Diets |
| The Carantanian Veca declined in the 12th century, when the Provincial Diets as well as the land parliament were formed. In this parliament were represented the nobility, the clergy and the citizenry. The nobility had the first word. Nevertheless, the new duke was still installed by the representative of the people, the so-called "princely peasant". In 1414, with the appointment of Duke Ernest the Iron, the ancient rite of installation at the Prince's Stone was used for the last time. His son and follower, Duke Frederick V, was elected King in 1440. When he, in 1443, went to present himself in Carinthia, the Diets condoned him the installation after the ancient rite, because of his kingly dignity. They gave him their homage and Rota, and he gave them his "Word" (Rota), that he would respect the rights of the land (constitution). |
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| In sense of the ancient Carantanian law, in 1728, in the hall of the Provincial House in Klagenfurt -Celovec (Carinthia), the Homage of the Provincial Diets was given for the last time to the Prince of the Land, at that time Emperor Carl VI. The well-known painter Josef Ferdinand Fromiller shaped this event into a great fresco, which can be still seen on the ceiling of the hall. |
| Since then, the Homage (Poklonitve) to the new ruler was carried out usually at the Duke's Throne. Their chief element remained the oath, the Rota, which replaced the ancient rite of installation at the Prince's Stone. In 1728, the last Homage was given to Emperor Carl VI, the father of Maria Theresa, who was Prince of Land in the ancient Carantanian countries. |
| Quellen: |
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Gottlieb Freiherr von Ankershofen: Urkunden-Regesten zur Geschichte Kärntens (Archiv für Kunde österr. Geschichtsquellen I, 1848, 3. Heft, No. LXXXIV), p. 38. | |
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August von Jaksch-Wartenhorst: Monumenta historica ducatus Carinthiae, Klagenfurt 1896 - 1915 | |