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Summary of

The Constitutiones Regni Siciliae: The Liber Augustalis

by Marta Cerrito et Beatrice Pasciuta

This chapter examines Le Liber Augustalis, a pivotal legislative text issued by Frederick II in 1231 for the Kingdom of Sicily. It explores the text’s historical context, legislative framework, and its enduring influence on the evolution of legal systems. As a cornerstone of medieval legal culture, the Liber Augustalis showcases Frederick II’s vision of centralized governance, legal innovation, and the integration of diverse cultural and juridical traditions.

Introduction

The Liber Augustalis emerged during the broader transformation of European governance in the 11th and 12th centuries. While monarchies across England, France, the Iberian Peninsula, and Southern Italy sought legitimacy through divine sanction, the Kingdom of Sicily exemplified a unique blend of cultures—Latin, Greek, Muslim, and Lombard. Frederick II’s reign marked a critical juncture in consolidating this multicultural legacy. His legal innovations culminated in the Liber Augustalis, a ius proprium tailored to the Kingdom of Sicily, which remained in effect until the early 19th century.

Le pouvoir de légiférer (The Power to Legislate)

As both King of Sicily and Holy Roman Emperor, Frederick II maintained a clear division between his two crowns, with the Liber Augustalis focusing exclusively on the Sicilian realm. The preamble (prooemium) of the text establishes its theological and philosophical underpinnings, presenting legislation as a continuation of divine order. Drawing on Roman law, specifically the Lex regia, Frederick asserted his authority to legislate independently of papal intervention. This secular and divine duality underpinned the revolutionary nature of his legal framework.

Frederick’s legislation explicitly abrogated prior laws and customs that contradicted the new rules, consolidating all previous laws into a cohesive corpus. His goal was to restore order to a kingdom destabilized by his youth and absences during imperial disputes.

La rédaction du Liber Augustalis (Drafting the Liber Augustalis)

The drafting process of the Liber Augustalis remains shrouded in mystery, with sources offering limited and often indirect evidence. Initial steps involved recognizing existing laws and customs from Norman predecessors, culminating in Frederick’s commission in 1230 to compile these rules systematically. The final text faced opposition from Pope Gregory IX, who viewed it as a challenge to ecclesiastical authority.

Despite the lack of transparency regarding its authorship, the Liber Augustalis embodies Frederick’s legislative authority. The text’s coherence reflects its reliance on legal advisors and scribes while maintaining the sovereign as its sole political and legal author.

La tradition manuscrite et les problèmes de reconstruction des textes (The Manuscript Tradition and Textual Reconstruction Challenges)

The Liber Augustalis has been preserved in 22 manuscripts, categorized into:

  • The original 1231 corpus (Constitutions de Melfi).
  • Manuscripts incorporating Frederick’s subsequent novellae (amendments up to 1246).
  • Greek translations of the text.
  • Reduced versions of the Liber Augustalis.

The text evolved over time, with the posthumous Vulgate version reorganizing the original corpus and novellae into three books. These books address public law, judicial procedure, and feudal, criminal, and private law. Despite the inconsistencies in manuscript traditions, the Liber Augustalis remains one of the most comprehensive secular legislative texts of its era.

La fortune juridique et éditoriale du Liber Augustalis (The Legal and Editorial Legacy of the Liber Augustalis)

The Liber Augustalis experienced a complex editorial history, with its editio princeps published in Naples in 1475. Subsequent editions, primarily during the 16th century, were aimed at practical judicial use. By the 18th century, interest in the text shifted toward scholarly pursuits, culminating in philological editions like Gaetano Carcani’s 1786 version, which included the Greek text for the first time.

The 19th and 20th centuries saw further historiographical interest, with critical editions such as Wolfgang Stürner’s 1996 work for the Monumenta Germaniae Historica. These editions provided rigorous textual comparisons, ensuring the Liber Augustalis’ continued relevance as a historical and legal source.

Le Liber Augustalis dans son contexte (The Liber Augustalis in Context)

Frederick II’s legislation reflects a synthesis of Roman and canon law principles, demonstrating mutual influences between secular and ecclesiastical legal traditions. The Liber Augustalis not only codified procedural norms for the Kingdom of Sicily but also symbolized Frederick’s ambition to create a centralized and coherent legal order. This legal innovation paralleled contemporary developments, such as the Liber Extra in canon law, underscoring the reciprocal relationship between these traditions.

Conclusion

The Liber Augustalis represents a landmark in medieval legislative history, combining legal sophistication with political vision. Frederick II’s emphasis on centralized governance and juridical precision set a precedent for later legal systems. Its enduring legacy lies in its ability to balance cultural diversity with legal unity, shaping both Sicilian governance and the broader evolution of European law.