Continuing to fight the backlog, let me tell you all about the time I went to hear Erica Buchberger, now well out of Oxford, present a paper to the After Rome seminar there on 25th April 2013, a paper entitled “Romans, Barbarians and Burgundians in Early Burgundian Law”. Erica’s work at that point was, and probably still is, to clarify what it was that the ethnic terms beloved of early medieval sources actually meant, and on this occasion she was working through the two Burgundian lawcodes, the Lex romana Burgundionum and the Liber constitutionum or Lex Burgundionum, to see what they do with the three terms of her title.
The short answer seems to have been that these texts don’t much help: while the separation of the two texts seems to indicate a category distinction between Romans in Burgundy and Burgundians, the number of circumstances in which one’s sort of law could be chosen, associated with property or even sold with property makes a rapid nonsense of the idea that these were categories of birth. In fact, almost all the invocations of the ideas of ethnicity come up, in either lawcode, where landed property is concerned. I suppose, as I think from my notes did Erica, that this is because in land, claims of inheritance were more important than they were in everyday cases of affray or disagreement, so that one’s ancestry, from people who perhaps felt and expressed their identity as Roman or Burgundian more sharply as the two groups first interacted, would be more relevant. In that case, as Erica certainly did say, the laws are testifying silently to the ongoing collapse of the distinction, and show us many ways in which they could be crossed or avoided. She also argued that the laws were a tool working towards that combination of peoples, and there I’m less clear what the basis of her argument was: perhaps, though, that the two laws should not be seen as alternatives but as complements, applying Roman and ‘barbarian’ solutions respectively to a population who were increasingly able to see themselves as both. There were lots of questions, but almost all about the details of accommodation or case-law, and what I got from that is that Erica knows her stuff, by now not a surprise. It was good to attend this paper, as it represented the hoped-for outcome of many a piece of research: even though research ineluctably initially reveals that the question is too complex to answer simply, at the end one needs to have some answers that do help us understand better. This, now-Dr Buchberger certainly provided!
The standard editions of the Burgundian laws are the MGH ones, Friedrich Blühme (ed.), “Leges Burgundionum” in Georg Heinrich Pertz (ed.), Monumenta Germaniae Historica inde ab anno Christi quingentesimo usque ad annum millesimum quingentesimum Legum III (Hannover 1863), online here, pp. 497-630, or Ludwig Rudolf de Salis (ed.), Leges Burgundionum, Monumenta Germaniae Historica: Leges Nationum Germanicarum II.1 (Hannover 1892), online here, and there’s a translation of the Lex Burgundionum in Katherine Fischer Drew (transl.), The Burgundian Code: Book of Constitutions or Law of Gundobad; additional enactments (Philadelphia 1972). The Lex Romana Burgundionum isn’t published in translation yet, but I know that a masters student at Kings College London has done a translation, so, who knows… ?