Académique Documents
Professionnel Documents
Culture Documents
(table cont.)
(table cont.)
eyebrow 213
upper eyelid 612 323 214
lower eyelid 1213 625 214
nose cut off 4523 1007 4018 918 72011 1007 249 609
nose pierced 913
1515
unable to sneeze 1217 617 half 16
able to sneeze 508 616 quarter17
whiskers 216
cheek 315
617
– 2 cheeks 616
throat pierced 618 1215
tongue cut 10025 4025
1224 1009
as16
out eye
able to speak 2026
jaw 1513
chin 2019
1214
punch on nose 337
bruise 138
visible bruise 1½39
bruise beneath
clothes 140
wound visible
below hair,
sleeve or
trousers x247
lips 165
upper 619 324
lower 1220 623
tooth
knocked out 1526
teeth exposed 206
front teeth 167 620 218 810
upper front 621
canine? 322 1225 421 319 1512
other teeth 626 322
jaw teeth 88 123 123 420 411
lower front 1224
collar bone 625 421 2058
– lesser damage 1559
piercing arm 1613 626
– above elbow 631 616
– below elbow 332 317
– light bleeding 1½33
– heavy bleeding 334
50
(table cont.)
fingers
2 fingers 3515
1 finger 3016
3rd finger 1517 522 649 514 431 12025 33⅓15 6½30 1224
– 1st joint 1½47 ⅓ 135
– 2nd joint 348 ⅔ 236
LEGES BARBARORUM 51
(table cont.)
(table cont.)
8–10), since these do not appear regularly enough to sustain comparison. I have
tried (so far as feasible) to follow the head-to-toe order essayed (if scarcely consis-
tently exercised) by all codes; the superscripted numbers following each compensa-
tion shows the place it occupies in any one code’s sequence (not the clause number).l/m
Other notes
a) Lex Sal. details are taken very largely from the oldest (“A”) group of MSS,
though with some details—signalled in Italics—from the “C” (later Merovingian)
tradition.
b) At this point, Lex Rib. enters the helpful generalization that if a limb ‘hangs
maimed’ composition is half what it would be for excising it altogether; cf. Lex
Fris. 58.
c) The Lombard compositions listed here are those of homines liberi as opposed
to aldii or servi.
d) The Lombard wergeld is not actually made clear until Leg. Liutpr. 62 (724),
where it seems to be established that a minima persona [. . .] exercitalis has 150s (¾
the Frankish ingenuus, cf. above, pp. 31–2), while the primus has 300s (50% more
than Frank, or half the Frankish antrustio). Perhaps the relevant point is that pay-
ment of half a wergeld for loss of eye, nose, hand or foot is exactly the same prin-
ciple in Frankish as in Lombard custom.
e) There are two sets of Alamannic compensations, those of the Pactus legis Salicae
being almost certainly the earlier, i.e. early seventh-century. But complexities in the
transmission mean that it makes more sense to list/analyse the tariff of the eighth-
century revised “ducal” code.
f ) Bavarians, like Lombards, distinguish compensations for freemen, freedmen
and servi; only those of liberi are analysed here.
g) Saxon compositions are given only for nobiles, apart from single clauses on liti
and servi; the former are what is listed here, which is of course why the figures are
so much higher than in other tables.
h) Lex Sax. here makes the interesting and otherwise unique stipulation that all
these compositions are to be doubled for women if virgins, though paid at the same
rate if already married.
i/j) Lex Thur. gives figures for both nobles and freemen; the latter, one-third of
the former, are those tabulated here.
k) Lex Fris., not content with providing by far the longest and most elaborate
tariff, proceeds to expand and modify this with a series of Additiones Sapientium; these
I have omitted, in order not to complicate and lengthen the table beyond tolera-
bility; indeed, I have omitted some of the original tariff ’s complexities, to which
there is no counterpart in others.
l/m) Oliver, “Language of Early English Laws”, pp. 247–9, offers instructive com-
ment on such tabling of injuries compared to other systems.
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GENS INTO REGNUM: THE VANDALS1
J.H.W.G. Liebeschuetz
The theme of the ESF project has been the transformation of the
gentes into regna. All the peoples that settled and established kingdoms
within the empire were described in Latin as gentes. The meaning of
gens is however ambiguous. That emerges clearly from many of the
studies. Gens is generally translated as “tribe”, and a tribe is a large
association held together by a sense of obligation to a group which
is defined by common descent of its members. But this is where
complications begin. For the common descent of a tribe may be
entirely biological, in that the members of the group are demon-
strably derived from common ancestors, but far more often than not
it is almost entirely mythical, as for instance the descent of all the
biblical Israelites from Abraham, Isaac and Jacob.2 The implied kin-
ship is in fact simply a metaphor, even a very powerful metaphor,
prescribing how members of a group ought to behave towards each
other, namely as kinsmen to kinsmen. Between these extremes there
is a whole spectrum of conditions depending on the history and cus-
toms, and especially the degree of openness of a particular tribal
group. It must be remembered that until quite recently common
descent was not as strictly defined in terms of genetic transmission
as it has been since Darwin and Mendel. The Romans for instance,
for all practical purposes considered a son by adoption fully equal
to a biological son.
Even in tribal societies, which are ostensibly organised on a basis
of kinship groups, there is considerable flexibility with regard to the
1
I want to thank Mike Clover for helpfully answering questions of mine, and
Philipp von Rummel for allowing me to use his valuable Magister Thesis.
2
M. Weber, Grundriss der Sozialökonomik, Part 3: Wirtschaft und Gesellschaft (2nd edn.,
Tübingen 1925) p. 223: “Dieser Sachverhalt: daß das ‘Stammesbewußtsein’ der
Regel nach primär durch politisch gemeinsame Schicksale und nicht primär durch
‘Abstammung’ bedingt ist”.
56 ....
3
Ibid., p. 217: “Nicht nur die Tatsache, daß, sondern auch der Grad, in welchem
das reale Blutsband als solches beachtet wird, ist durch andere Gründe als das Maß
der objektiven Rassenverwandtschaft mitbestimmt.”
4
Ibn Khaldûn, The Muqaddimah, an Introduction to History, transl. F. Rosenthal, 3
vols. (London 1958) p. 267. See also M. Brett and E. Fentress, The Berbers (Oxford
1996) p. 230: “all that defines any such tribe as an actual social unit is the belief
in a common ancestor, whatever the actual genetic reality may be”.
5
Weber, Grundriss der Sozialökonomik, p. 222: “Der Inhalt des auf ‘ethnischer’ Basis
möglichen Gemeinschaftshandelns bleibt unbestimmt. [. . .] Ganz regelmäßig wird,
57