Roman influences are seen in an important law that removed “the ancient rule of blame” whereby if an animal owned by a man injured or killed another man or beast of another by accident, the owner of the offending animal was not held liable.
The segregation of Roman and Burgundian rights was also safeguarded. Fines were levied to penalize the common practice of Romans petitioning their barbarian overlords to intercede on their behalf in lawsuits between themselves and another Roman, thus reducing the chance that a judge would be swayed by the presence of a barbarian overlord on behalf of one of the plaintiffs.
Some of the laws of Germanic origin can be identified by their titles and provide a more accurate depiction of Burgundian society as it really was than do the more Roman-like, and sophisticated, laws.
For example, “Of Those Who Set Traps For Killing Wolves” dealt with the problem of people stumbling into unmarked traps set by other people. These traps were of the type called tensuras, or drawn bows. This law defined a specific safety device that was required to be in place (Burgundian OSHA, if you will). This warning system consisted of two bows, one on either side of the tensura, each set to shoot an arrow higher than a man’s head so as to send a warning shot that alerted unwary pedestrians of the hidden trap. Hopefully the man wasn't taller than average.
“Of Horses Which Have Bones And Sticks Tied To Their Tails,” law stated the offense in the title and described the punishment to be administered based on varying conditions. The scindola tied to a horse’s tail indicated that someone had tried to scare the horse to avenge some perceived wrong committed by the horse’s master. The hope was that the horse would run around and get hurt or killed. The guilty party was required to pay the owner with a like animal in addition to returning the original to its owner. If the owner didn’t want a damaged animal, then two horses of a quality similar to the original were returned to the owner.
“Of Hounds, Hunting Dogs, Or Running Dogs,” explains that if anyone was presumed to have stolen a dog “we order that he be compelled to kiss the posterior of that dog publicly in the presence of all the people,” or he could pay a fine and a 5 solidi wergild to the dog’s owner.
“Of Falcons” requires anyone presumed to have stolen another’s falcon to either pay a 6 solidi wergild and a 2 solidi fine, or “let the falcon eat six ounces of meat from his breast.” Some translations had it as eating the meat from the top of his head. Neither would have been pleasant.
These laws reveal that, even at this late date, the Burgundians valued their animals, especially those associated with hunting or war, to a great degree. They also indicate a certain sense of humor, as exhibited by the codification of the penalty whereby one was required to become familiar with a hound’s posterior.
Assimilation between Burgundians and Gallo-Romans in the Burgundian kingdom was well underway by the time of Gundobad’s reign. Parts of the Burgundian Code made no difference between the two, with the same penalties applying to both. Still, total assimilation hadn’t occurred, and they were each judged according to different law codes as long as all concerned parties were members of either the Roman or Burgundian group. If a mixed conflict arose, then the Burgundian laws held precedent. Full assimilation would only occur when both groups practiced the same version of Christianity.
UP NEXT: Christianity in the Burgundian Kingdom
SOURCES:
Drew, Burgundian Code.
Halphen, “Germanic Society,” in Drew, Barbarian Invasions.
Showing posts with label Burgundian Laws. Show all posts
Showing posts with label Burgundian Laws. Show all posts
Sunday, July 25, 2010
Saturday, July 24, 2010
Burgundian Code - Women and Family
There were protective and restrictive laws that dealt exclusively with women. Daughters weren’t allowed admittance to the paternal succession unless there weren’t any sons, though they inherited the clothes and ornaments of their mother. However, they made provisions for a woman to inherit property, so long as no sons were alive and she had taken religious vows.
In a more somber law, the relatives of a young girl who had been raped were allowed to punish the guilty as they saw fit if the guilty was unable to pay proper compensation, though this was an extreme case. Even if in practice men resorted to violent acts of vengeance to right perceived wrongs done to them, the laws usually placed obstacles to this method and attempted to set up a regular procedure before a court.
The Germanic concept of the family was alive and well in the late fifth and early sixth centuries. The man essentially bought his wife and had to hand to the bride’s father an already agreed upon amount, called a wittimon. A third of the amount had to be used to buy a trousseau for the bride.
Also, after consummation of the marriage, the husband set up a marriage settlement sometimes called the “morning gift,” or morgengabe. The Burgundians frowned on intermarriage, though they didn’t make it illegal, just unprofitable. If, for instance, a Roman girl married a Burgundian without her parents knowledge, her parents were under no obligation to pay a wittimon or any inheritance.
Burgundian law restricted divorce to cases where the woman had been convicted of adultery, witchcraft or of violating a tomb. If a man’s wife committed a crime other than the aforementioned, he had no recourse except to abandon everything to her, which could be an expensive alternative. If he wished to separate from her if she had been found innocent, he risked having to pay her a “composition” equal to the amount of the marriage price (wittimon) together with a fine of 12 solidi to the treasury. The woman had no recourse, no occasion in which she could be granted divorce. As Halphen explained, “If she deserted the conjugal hearth, she suffered the penalty of being ‘smothered in the mire.’”
UP NEXT: The Burgundian Code - Some Examples
SOURCES:
Drew, Burgundian Code.
Halphen, “Germanic Society,” in Drew, Barbarian Invasions.
In a more somber law, the relatives of a young girl who had been raped were allowed to punish the guilty as they saw fit if the guilty was unable to pay proper compensation, though this was an extreme case. Even if in practice men resorted to violent acts of vengeance to right perceived wrongs done to them, the laws usually placed obstacles to this method and attempted to set up a regular procedure before a court.
The Germanic concept of the family was alive and well in the late fifth and early sixth centuries. The man essentially bought his wife and had to hand to the bride’s father an already agreed upon amount, called a wittimon. A third of the amount had to be used to buy a trousseau for the bride.
Also, after consummation of the marriage, the husband set up a marriage settlement sometimes called the “morning gift,” or morgengabe. The Burgundians frowned on intermarriage, though they didn’t make it illegal, just unprofitable. If, for instance, a Roman girl married a Burgundian without her parents knowledge, her parents were under no obligation to pay a wittimon or any inheritance.
Burgundian law restricted divorce to cases where the woman had been convicted of adultery, witchcraft or of violating a tomb. If a man’s wife committed a crime other than the aforementioned, he had no recourse except to abandon everything to her, which could be an expensive alternative. If he wished to separate from her if she had been found innocent, he risked having to pay her a “composition” equal to the amount of the marriage price (wittimon) together with a fine of 12 solidi to the treasury. The woman had no recourse, no occasion in which she could be granted divorce. As Halphen explained, “If she deserted the conjugal hearth, she suffered the penalty of being ‘smothered in the mire.’”
UP NEXT: The Burgundian Code - Some Examples
SOURCES:
Drew, Burgundian Code.
Halphen, “Germanic Society,” in Drew, Barbarian Invasions.
Friday, July 23, 2010
The Burgundian Code - Outline
One reason for the relative ease with which Romans took to Burgundian rule were the lengths to which the Burgundian rulers went to ensure that Roman citizens were protected. Gregory of Tours said of King Gundobad “He instituted more humane laws for the Burgundians, so they would not oppress the Romans.”
The recent civil war had shown that Franks and Romans of the senatorial class had been fighting alongside Godegisel, and, Gundobad reasoned that he had to address their concerns. For this reason, he used Roman consults to help him frame his law code. Writing of one such Roman, Sidonius said of his friend Syagrius, the “Solon of the Burgundians,” that he educated the Burgundians in Latin and Roman laws and society in general and was thus he able “to implant a ‘Latin heart’ in the Burgundians.”
As Katherine Fischer-Drew explained:
Though customary law may seem less defined and less structured, it is generally more respected because of the moral force behind it and thereby more likely to be obeyed than statutory law. This moral force is buttressed by cultural or traditional expectations and is not as easily ignored as statutory law, which requires some authority to enforce its tenets. The Burgundians brought their customary law with them into the Empire while the Romans who found themselves under the rule of the Burgundians maintained their statutory laws.
During the time spanning A.D. 474-516, Gundobad undertook the task of codifying both sets of laws. The Burgundian laws are known under many names--Lex Burgundionum, Liber Legum Gundobadi, Lex Gundobada, la Loi Gombette, and Gombata--while the laws of the Romans are simply known as the Lex Romana Burgundionum. Gundobad’s son Sigismund continued his father’s work after A.D. 516 and his brother Godomar also made some contributions during the waning days of the kingdom.
The Lex Gundobada was a very influential law code and an example of a key transitional stage of law that combined Germanic and Roman laws. The Burgundians had long been exposed to Roman laws and earlier attempts at codifying laws were probably made prior to the Lex Gundoba. Allusions to such laws are located throughout the code.
The Burgundians were also assisted more directly in the composition of the laws by Gallo-Roman assistants. As David Dumville noted, these men had both “ideological as well as practical” reasons for offering their assistance.
All of the Burgundian laws set the parameters of personal relationships between individuals; no public law was defined. The Lex Gundobada was a trend away from customary law supported by moral ideals toward statutory law based on the political power of a lawgiver, in this case the king.
The Preface of the code stated that the laws were intended to establish standards for the fair treatment of all classes of subjects. The object throughout is to protect both the rights of the Burgundian settlers and the Romans against further encroachments while promoting peace between the two factions. In order to avoid quarrels, amounts of compensation, called a wergild, were set in advance to serve as redemption in lieu of physical acts of vengeance. (A note: Summerfield Baldwin proposed that the wergild fines given throughout the Code were not meant to be a concrete fine structure. Instead, they were provided as a reference for relative worth, in an attempt to set some value that Romans within Burgundy would understand).
For example, the Burgundian law said that the life of a freeman was worth 300, 200, or 150 solidi. A small pig, still sucking, 3 solidi, a small pig already weaned, 1 solidus, for a pig two years old, 15 solidi plus the payment for the capital and interest. As Louis Halphen explained, these different amounts were called “compositions” and the “payment of this sum did not take the place of public punishment . . . but it cut short all later claims from the parties involved and stopped the exercise of private vengeance.”
The class divisions of the Romans and Burgundians in the Burgundian kingdom are not clear, but the Lex Gundobada does provide some hints. There were two general divisions of free and unfree with coloni or originarii in between. The four classes of free men appear to have been the highest, middle and lowest of free men (who were free from birth) and the freedmen, or slaves who had earned their freedom or had been freed by their masters. The freedmen were the lowest of the free class, but their children were considered to be freemen and a freedman could be considered a freeman following the death of his former master.
The nobles (optimates) were the highest class of free men, these were royal servants and officials, but there was no real basis for distinguishing between the middle and lower in the Lex Gundobada. Certain characteristics of the laws indicate that the middle class was closer in standing to the upper than the lower class. Intermarriage among the classes of freemen appears to have been common, though the social standing of the offspring of these unions is unknown. Thus, the main distinction between the classes is indicated by the difference in the amount of wergild assigned to the life of each man.
The coloni were lower than freemen, though they were freeborn and recognized as such before the law. They held land, but they couldn’t be removed from it nor leave it of their own free will, thus their freedom was limited. Burgundian law didn’t recognize social distinctions in the application of penalties, with the exception of differentiating between free and slave. For slaves, the Burgundians were like the Romans whereby they outlined penalties such as lashes of the whip or death whereas they rarely prescribed physical punishment for freemen.
There were only three circumstances in which a freeman or woman was subject to a physical form of punishment. First was a sentence of slavery if a woman was convicted of incest, relations with a slave, or found guilty of complicity if her husband was convicted of stealing horses or cows. Second was the cutting off of the hand if found guilty of forgery or destroying property markers. The third was death in serious cases such as premeditated murder, armed robbery, the venality of judges, or the theft of a slave, horse, ox or cow. Usually, though, the Burgundian offender could pay a set fine (usually 3, 6, or 12 solidi) in addition to any other damages awarded.
UP NEXT: The Burgundian Code - Women and Family
SOURCES:
Gregory of Tours, History of the Franks.
Sidonius Apollinaris, Carmina. ed. and trans. Christian Luetjohann, MGH Auctores antiquissimi 8: 173 ff. 1887, in Sidonius, ed. and trans. W.B. Anderson, Loeb Classical Library, 1936.
Wolfram, Germanic Peoples.
Mathisen, Roman Aristocrats.
Dill, Roman Society.
Drew, Burgundian Code.
Bamwell, Emperor, Prefects & Kings.
David N. Dumville, “Kingship, Genealogies and Regnal Lists,” in Early Medieval Kingship, ed. Sawyer and Wood, 126-27.
Halphen, “Germanic Society,” in Drew, Barbarian Invasions.
The recent civil war had shown that Franks and Romans of the senatorial class had been fighting alongside Godegisel, and, Gundobad reasoned that he had to address their concerns. For this reason, he used Roman consults to help him frame his law code. Writing of one such Roman, Sidonius said of his friend Syagrius, the “Solon of the Burgundians,” that he educated the Burgundians in Latin and Roman laws and society in general and was thus he able “to implant a ‘Latin heart’ in the Burgundians.”
As Katherine Fischer-Drew explained:
Customary law is a body of moral practices established by the immemorial customs of a people and having a binding moral force rather than the arbitrarily enforced power of statutory law....[Statutory law] is a body of specific statures supported by a positive legal authority and guaranteed and enforced by political power.
Though customary law may seem less defined and less structured, it is generally more respected because of the moral force behind it and thereby more likely to be obeyed than statutory law. This moral force is buttressed by cultural or traditional expectations and is not as easily ignored as statutory law, which requires some authority to enforce its tenets. The Burgundians brought their customary law with them into the Empire while the Romans who found themselves under the rule of the Burgundians maintained their statutory laws.
During the time spanning A.D. 474-516, Gundobad undertook the task of codifying both sets of laws. The Burgundian laws are known under many names--Lex Burgundionum, Liber Legum Gundobadi, Lex Gundobada, la Loi Gombette, and Gombata--while the laws of the Romans are simply known as the Lex Romana Burgundionum. Gundobad’s son Sigismund continued his father’s work after A.D. 516 and his brother Godomar also made some contributions during the waning days of the kingdom.
The Lex Gundobada was a very influential law code and an example of a key transitional stage of law that combined Germanic and Roman laws. The Burgundians had long been exposed to Roman laws and earlier attempts at codifying laws were probably made prior to the Lex Gundoba. Allusions to such laws are located throughout the code.
The Burgundians were also assisted more directly in the composition of the laws by Gallo-Roman assistants. As David Dumville noted, these men had both “ideological as well as practical” reasons for offering their assistance.
Romans were used to thinking of their ruler as a source of judgements; it is easy to see why they should have wished barbarian kings to issue written regulations covering disputes between their Roman subjects and their own people, and this helps to account for much of the character of early Visigothic and Burgundian legislation.
All of the Burgundian laws set the parameters of personal relationships between individuals; no public law was defined. The Lex Gundobada was a trend away from customary law supported by moral ideals toward statutory law based on the political power of a lawgiver, in this case the king.
The Preface of the code stated that the laws were intended to establish standards for the fair treatment of all classes of subjects. The object throughout is to protect both the rights of the Burgundian settlers and the Romans against further encroachments while promoting peace between the two factions. In order to avoid quarrels, amounts of compensation, called a wergild, were set in advance to serve as redemption in lieu of physical acts of vengeance. (A note: Summerfield Baldwin proposed that the wergild fines given throughout the Code were not meant to be a concrete fine structure. Instead, they were provided as a reference for relative worth, in an attempt to set some value that Romans within Burgundy would understand).
For example, the Burgundian law said that the life of a freeman was worth 300, 200, or 150 solidi. A small pig, still sucking, 3 solidi, a small pig already weaned, 1 solidus, for a pig two years old, 15 solidi plus the payment for the capital and interest. As Louis Halphen explained, these different amounts were called “compositions” and the “payment of this sum did not take the place of public punishment . . . but it cut short all later claims from the parties involved and stopped the exercise of private vengeance.”
The class divisions of the Romans and Burgundians in the Burgundian kingdom are not clear, but the Lex Gundobada does provide some hints. There were two general divisions of free and unfree with coloni or originarii in between. The four classes of free men appear to have been the highest, middle and lowest of free men (who were free from birth) and the freedmen, or slaves who had earned their freedom or had been freed by their masters. The freedmen were the lowest of the free class, but their children were considered to be freemen and a freedman could be considered a freeman following the death of his former master.
The nobles (optimates) were the highest class of free men, these were royal servants and officials, but there was no real basis for distinguishing between the middle and lower in the Lex Gundobada. Certain characteristics of the laws indicate that the middle class was closer in standing to the upper than the lower class. Intermarriage among the classes of freemen appears to have been common, though the social standing of the offspring of these unions is unknown. Thus, the main distinction between the classes is indicated by the difference in the amount of wergild assigned to the life of each man.
The coloni were lower than freemen, though they were freeborn and recognized as such before the law. They held land, but they couldn’t be removed from it nor leave it of their own free will, thus their freedom was limited. Burgundian law didn’t recognize social distinctions in the application of penalties, with the exception of differentiating between free and slave. For slaves, the Burgundians were like the Romans whereby they outlined penalties such as lashes of the whip or death whereas they rarely prescribed physical punishment for freemen.
There were only three circumstances in which a freeman or woman was subject to a physical form of punishment. First was a sentence of slavery if a woman was convicted of incest, relations with a slave, or found guilty of complicity if her husband was convicted of stealing horses or cows. Second was the cutting off of the hand if found guilty of forgery or destroying property markers. The third was death in serious cases such as premeditated murder, armed robbery, the venality of judges, or the theft of a slave, horse, ox or cow. Usually, though, the Burgundian offender could pay a set fine (usually 3, 6, or 12 solidi) in addition to any other damages awarded.
UP NEXT: The Burgundian Code - Women and Family
SOURCES:
Gregory of Tours, History of the Franks.
Sidonius Apollinaris, Carmina. ed. and trans. Christian Luetjohann, MGH Auctores antiquissimi 8: 173 ff. 1887, in Sidonius, ed. and trans. W.B. Anderson, Loeb Classical Library, 1936.
Wolfram, Germanic Peoples.
Mathisen, Roman Aristocrats.
Dill, Roman Society.
Drew, Burgundian Code.
Bamwell, Emperor, Prefects & Kings.
David N. Dumville, “Kingship, Genealogies and Regnal Lists,” in Early Medieval Kingship, ed. Sawyer and Wood, 126-27.
Halphen, “Germanic Society,” in Drew, Barbarian Invasions.
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