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Lex Burgundionum : ウィキペディア英語版
Lex Burgundionum
The ''Lex Burgundionum'' (Burgundian Laws, also ''lex gundobada'' or ''loi gombette'') refers to the law code of the Burgundians, probably issued by king Gundobad. It is influenced by Roman law and deals with domestic laws concerning marriage and inheritance as well as regulating weregild and other penalties. Interaction between Burgundians is treated separately from interaction between Burgundians and Gallo-Romans. The oldest of the 14 surviving manuscripts of the text dates to the 9th century, but the code's institution is ascribed to king Gundobad (died 516), with a possible revision by his successor Sigismund (died 523). The ''Lex Romana Burgundionum'' is a separate code, containing various laws taken from Roman sources, probably intended to apply to the Burgundians' Gallo-Roman subjects. The oldest copy of this text dates to the 7th century.
The ''Lex Burgundionum'' code was compiled by King Gundobad (474-516), very probably after his defeat by Clovis I in 500. Some ''additamenta'' were subsequently introduced, either by Gundobad himself or by his son Sigismund. This law bears the title of ''Liber Constitutionum'', indicating that it emanated from the king; it is also known as the ''Lex Gundobada'' or ''Lex Gombata''. It was used for cases between Burgundians, and was also applicable to cases between Burgundians and Romans. For cases between Romans, however, Gundobad compiled the ''Lex Romana Burgundionum'', called sometimes, through a misreading of the manuscript, the ''Liber Papiani'', or simply ''Papianus''.
== Background ==
The Burgundian kingdom is one of the early Germanic kingdoms that existed within the Roman Empire. In the late fifth and early sixth centuries, the Burgundian kings Gundobad and Sigismund compiled and codified laws to govern the members of their Barbarian tribe, as well as Romans living amongst them. Those laws governing the Burgundians themselves are called collectively the ''Lex Burgundionum'', while the laws governing the Romans are known collectively as the ''Lex Romana Burgundionum''. Both are extant. The laws codified in the Burgundian Code reflect the earliest fusion of German tribal culture with the Roman system of government.〔Drew(1972:8)〕 It promoted and helped maintain harmonious relations between such widely different people who had been previous enemies. More devotion has been given to other Germanic tribes of this time and little is known about the culture and way of life of the Burgundians beyond what can be inferred from their legal code. Dr. Katherine Fischer Drew claims that it is the most influential of all barbarian law codes because of its survival, even after Frankish conquest, until the ninth century.〔Drew (1972:7)〕
The Romans consistently allied themselves with certain barbarian groups outside the Empire, playing them out against rival barbarian tribes as a policy of ''divide and rule'', the barbarian allies being known as ''foederati''. Sometimes these groups were allowed to live within the Empire. Barbarians could also be settled within the Empire as ''dediticii'' or ''laeti''. The Romans could henceforth rely on these groups for military support or even as legionary recruits.〔Halsall (2007: 52-53)〕 One such group were the Burgundians, whom the Roman Emperor Honorius in 406 had invited to join the Roman Empire as foederati with a capital at Worms .〔Drew (1972:1)〕 The Burgundians were soon defeated by the Huns, but once again given land near Lake Geneva for Gundioc (r. 443-474) to establish a second federate kingdom within the Roman Empire in 443. This alliance was a contractual agreement between the two peoples. Gundioc’s people were given one-third of Roman slaves and two-thirds of the land within Roman territory.〔Drew (1972:14)〕 The Burgundians were allowed to establish an independent federate kingdom within the Empire and received the nominal protection of Rome for their agreement to defend their territories from other outsiders.〔 Drew 11 〕 This contractual relationship between the guests, Burgundians, and hosts, Romans, supposedly provided legal and social equality. However, Drew argues that the property rights and social status of the guests may have given them disproportionate leverage over their hosts.〔 More recently, Henry Sumner Maine argues that the Burgundians exercised "tribe-sovereignty" rather than complete territorial sovereignty.
Gundioc’s son, Gundobad (r. 474-516), began commission for his kingdom’s legal codification in 483, which his son and successor, Sigismund (r. 516-532) completed. The laws deal mostly with inheritance and monetary compensation for physical injury. The earlier work, ''antiquae'', and the later additions, ''novellae'', together make the whole Burgundian Code.〔Drew (1972:10)〕 The Franks began attacking the Burgundians in 523 and completely defeated them by 534, when Sigismund’s brother, Godomar (r. 532-534), fled and left the kingdom to be divided amongst Frankish rulers. However, the Franks kept Burgundian law in practice.〔Hoyt (1967:9-12)〕

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