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HIST236 > Test #3 - Lombards > Flashcards

Test #3 - Lombards Flashcards

1
Q

What does Lombard (Langobards) mean?

A

“long-bearded” (long beards and hair on front and sides)

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2
Q

What is the Iron Crown?

A

The Iron Crown of Lombardy became a symbol of the Christian faith tied to monarchy and its right to rule

Crown was said to be made with an iron nail from the True Cross (cross Jesus was crucified on)

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3
Q

Authari elected king…

A

reasserts central authority

marries Theodolinda - Catholic daughter of the Duke of Bavarians

begins slow conversion of Lombards to Orthodox Christianity (Roman Catholicism) from Arianism

further reduces hostility of Rome

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4
Q

Who was the most powerful Lombard King?

A

King Liutprand (712-744 CE)
Catholic

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5
Q

Why were the Lombards successful?

A
  • reduced taxes from higher levels under imperial rule
  • many of the wealthy fled to Lombardy
  • financially, life under Lombards was preferred to life under Imperial rule
  • lack of strong opposition, urbanization, economic vitality, attempt to rule a single kingdom with one set of laws for all
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6
Q

Why did the Lombard Empire collapse?

A

they failed to develop a strong concept of centralized royal power

  • no strong rule of succession
  • kings elected by the Dukes
  • hereditary succession existed, but still must be elected
  • king lead the army and his province
  • political and judicial powers constantly challenged by Dukes and powerful families
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7
Q

What were the role of Kings?

A

head of the Lombard nation

  • elected leader
  • military leader in war
  • weak political and judicial power
  • appoint royal officials responsible to him
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8
Q

What was the role of a Noble?

A
  • Dukes come from this group
  • great landowners and military elite
  • appoint own officials in their territories
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9
Q

What were the 3 kinds of freeman?

A
  1. Those in service to the King
  2. Landholders of the “first-class” with a weregild of 300 solidi
  3. Landless freemen or “lesser men” (minores homines), with weregild of 150 solidi
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10
Q

What was a half-freemen?

A
  • agricultural workers, weregild of 60 solidi
  • often slaves of war
  • free man but without mobility (could not leave)
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11
Q

What is the weregild of a freeman?

A

300 solidi

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12
Q

What is the weregild of a half-freeman?

A

60 solidi

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13
Q

What was Lombard law?

A
  • took whatever made sense from Lombard tradition and Roman law
  • clear law codes critical for the functioning of a highly developed international economy
  • under Roman influence, the concept of the “state” appears
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14
Q

What was the concept of the ‘state’?

A
  • state/king has certain powers on one hand and certain duties/responsibilities on the other
  • as state/king authority increases, the power of the kin/family decreases
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15
Q

What were the two most important legal codes?

A

King Rothair (Rothair’s Edict of 643) and King Liutprand (713-735)

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16
Q

What was King Rothair’s Edict?

A
  • almost entirely customary Germanic law, slightly modified by the migration experience
  • most like a ‘code’ among Germanic codes
  • a nearly complete statement of Lombard legal principles
  • more organized
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17
Q

Define mundium

A

male’s legal right to protect the person, rights and property of his wife, minor sons, umarried daughters, aldii (half-freemen) and slaves

  • protect them
  • appear in court for them and pay their fines
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18
Q

Define munwald

A

was the person responsible for the mundium

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19
Q

Define meta

A

The sum agreed upon by the groom to pay to the bride’s family in exchange for his right to her mundium

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20
Q

Define Garethinx

A

“spear assembly” or “warrior assembly”
- was a Lombard gathering to witness or affirm laws, edicts and adoptions

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21
Q

Define traditio

A
  • the act of the bride’s father in handing over his daughter, her mundium and her property to the groom
  • origin of “traditional” wedding
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22
Q

Define faderfio

A

gift given to the newly-weds by the bride’s father

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23
Q

Define lidinlaib

A

an inheritance

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24
Q

Define faida

A

a blood feud
(only legitimate sons could raise the faida)

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25
Q

Define thinx

A

a gift, usually of property, given to someone other than legitimate heirs

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26
Q

What are heirs?

A

Family members up to the 7th degree/4th cousins
- only family can inherit

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27
Q

What are legitimate children?

A

legitimate sons are sons that result from a legal marriage

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28
Q

What are natural sons?

A

sons born outside of marriage, but to a wife whom you would be allowed to marry

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29
Q

What are illegitimate sons?

A

sons born from illegal or incestuous marriages

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30
Q

What happens with inheritance and sons?

A

Each legitimate son will receive twice as much as all of the natural sons (as a group)

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31
Q

What happens if you plot the death of a relative?

A

You can not inherit from this relative
- succession of inheritance skips over the murderer as they can not benefit from the crime
- King then decides what happens to the murderer to avoid an internal family faida

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32
Q

For what reasons can a father disinherit his son?

A
  • for plotting against the life of his father or blood family
  • for deliberately striking his father
  • for having intercourse with his noverca (stepmother)
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33
Q

What happens if one brother is given family property to purchase his bride’s meta?

A

all brothers will get the same amount, either when they marry or the family property is divided up or sold

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34
Q

Define launigild and when they were exchanged

A

reciprocal gifts
- these were exchanged between two men to show their friendship or an alliance

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35
Q

Define manumission

A

freeing of a slave

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36
Q

Define amundius

A

freed male slave

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37
Q

Define amundia

A

freed female slave

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38
Q

When does manumission (freeing of a slave) take place and how?

A
  • takes place before the gairethinx (warrior assembly)
  • you must hand your slave over to 4 people (break line of ownership)
  • 4th person will take slave to a crossroads, give her/him an arrow and a whip
  • arrow = symbolizes to go as far as an arrow flies
  • whip = symbolizes travel as fast as your horse will take you
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39
Q

Why did single women wear their hair in capillo (tied up)?

A

symbol of their single status

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40
Q

What is the legal age for a Lombard to sell his property?

A

18

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41
Q

When can a woman sell her property?

A

only if her munwald consents
(munwald is the man who is responsible for her and possesses her mundium)

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42
Q

How much can a Lombard’s morgengab (morning gift) be to his new bride?

A

no more than 1/4 of his property

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43
Q

What happens to daughters/sisters who act contrary to the wishes of their father or brother?

A

they can have their inheritance reduced or be disinherited

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44
Q

What can ill Lombards, on their death bed but sound of mind, do with their will/property?

A
  • can change Will at any time
  • grant his personal property, not family property, to the Church or others
  • give this to the Church as an offering to pray for his soul (to not “go to hell”)
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45
Q

What happens to the inheritance of a Lombard who has legitimate daughters but no legitimate sons?

A

he may reward a favored daughter with a greater part of an inheritance
- always gets twice as much as each of the other daughters, no matter how many there are

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46
Q

A betrothed man has 2 years to complete the nuptials (wedding) or the wedding can be called off…

A
  • wedding can be cancelled by the woman’s family
  • the father or munwald of the woman can demand that the meta be paid, as agreed
  • woman then free to marry another, and keeps the meta
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47
Q

How can a woman accused of adultery clear herself and what happens?

A

12 oathhelpers

  • if found innocent, husband must marry her
  • if he refuses to marry her, he must pay 2x the meta agreed upon for disgrace and insult
  • if she is found guilty, marriage is cancelled, husband will get his meta back and woman is punished for adultery = death
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48
Q

When can a betrothed male break off a betrothal?

A

if his betrothed girl becomes a leper, mad, or blind in both eyes after they become betrothed because these ailments are a sign of her “weighty sins”
- if wedding is cancelled, he will get his meta back

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49
Q

What happens after a legal marriage (traditio)?

A

the groom cannot ask a greater faderfio than was agreed upon before the wedding

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50
Q

What happens when a Lombard free woman widow remarries to another free man of her choice?

A

her meta for her mundium is half of what was given for her first marriage because she is no longer a virgin

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51
Q

If a widow’s dead husband’s family refuses to accept a meta for it and opposes the marriage to her new husband, they lose the right to her mundium

A
  • widow keeps the meta, plus her moregengab and faderfio
  • her relatives then take possession of her mundium
52
Q

When can a free woman/girl marry a free man?

A

only with family consent

  • if they marry against will of the family, the husband must pay the family 20 solidi for anagrip (illegal intercourse) and 20 solidi to avoid a blood feud
  • if woman dies before husband can purchase her mundium, he inherits nothing from her
  • he pays no weregild since she consented to the marriage
53
Q

How much does it cost to marry a women who is already betrothed with her consent?

A
  • 20 solidi to who possesses her mundium for anagrip (illegal intercourse)
  • 20 solidi to who possesses her mundium to avoid a faida (blood feud)
  • the purchase of her mundium
  • rejected fiance paid 2x the meta agreed upon for the insult and humiliation
54
Q

What happens in the case of a girl who is betrothed to one man, but her family secretly betrothed her to another?

A
  • the rejected fiance paid 2x the meta agreed upon for the insult and humiliation by the girl’s family
  • he can still marry her after collecting the fine if he wishes
55
Q

What happens to a man that murders his “innocent wife”?

A

he is fined 1200 solidi
- half paid to King, half to her relatives

largest compensation in Lombard law

56
Q

What is the fine for killing any free woman with evil intent?

A

1200 solidi
highest fine in Lombard law

57
Q

What happens if a woman plots the death of her husband?

A

she can prove her innocence by her relatives either swearing an oath or taking part in a camfio with the husband

58
Q

What is the punishment for a free man or slave marrying another man’s wife (both consented)?

A

both will be put to death for bigamy

59
Q

What happens if a man catches his wife and her love “in the act” of adultery?

A

the man can kill them both without penalty for adultery

60
Q

How can a man accused by another man of having intercourse with his wife?

A

he can clear himself by oath or camfio

  • if camfio proves him innocent, the accuser pays a fine for slander/insult
  • if camfio finds him guilty, he will be put to death
  • it is assumed the adulteress wife will also be put to death
61
Q

What happens to an aldia (half free woman) or free woman who marries a slave?

A

she becomes a slave of her husband’s lord

62
Q

What are the children of an aldius (half free man) and aldia or free woman considered?

A

half-free as they follow their father’s status

63
Q

What are the children of an aldius and a female slave?

A

the slave’s of the mother’s lord

64
Q

What is required of a woman who has “taken the veil” (join the nunnery) but have not yet taken their final vows?

A

she must still be celibate and cannot marry

65
Q

What happens if a woman who takes the veil/joins the nunnery consents to marriage?

A

she loses her property to the fisc, husband pays 600 solidi to the fisc and the munwald who consented pays his weregild to the fisc

  • if he abducted the nun, the husband pays 1000 solidi (100 solidi mora than an abduction of a free woman, since this is a ‘religious’ crime)
66
Q

What can anyone born of an illegal (incestuous) marriage not do?

A

inherit

67
Q

What happens to a man who engages in an illegal marriage?

A

he loses his property

68
Q

Why is it illegal to marry your godmother, goddaughter, or daughter of your godfather?

A

although no blood ties, they are considered “spiritual brothers and sisters” which means an incestuous marriage

69
Q

What is the punishment for a man who commits consensual adultery with a consecrated nun?

A

he will pay 200 solidi
- the normal fine of 100 solidi is doubled because it is a religious crime
- the nun loses her property to the fisci

70
Q

How long after her husband’s death can a widow “take the veil”?

A

One year after his death
- only with King’s permission
- if munwald consents to this within the year, without king’s permission, he pays his weregild to the king and loses her mundium to the king as well

71
Q

What is the punishment for a girl who marries without her parent’s permission, without her husband paying a meta or acquiring her mundium?

A
  • if husband dies, she cannot claim anything as an heir
  • not legally married so she has no legal rights
  • she is not legally part of his family
72
Q

A free male under the age of what can not marry?

A

under the age of 18
- he can sign a marriage contract, pay a meta, and arrange a morgengab before he is 18 but cannot marry until 18

73
Q

What is considered mistreatment of a female?

A

failure to properly feed or cloth her, arranging an inappropriate marriage for her, forcing her to do anything indecent, sexually abusing her, or forcing her to marry against her will

74
Q

What is the punishment for mistreating a female ward?

A
  • he will lose her mundium to the king and pay her a 1/2 weregild fine
  • if he cannot protect or respect her, he loses the right of her mundium
75
Q

What are the laws surrounding an adult Lombard woman marrying a minor Lombard boy?

A
  • if marriage contracted before his father or grandfather’s death, he can marry at age 12
  • if married before 13, marriage is invalid
  • at 13, boy an choose to remarry her, marry someone else, or not marry at all
  • if woman marries someone else, only 1/2 meta is paid (as if widow/not virgin)
  • anyone who persuades the boy to marry while underage pays a 100 solidi fine (1/2 to the boy and 1/2 to the king)
76
Q

What is the punishment for a man who threw dirty water on a bride and her attendants going to her wedding?

A
  • could result in scadalum (breaking king’s peace) or homicide
  • fine is 900 solidi (1/2 to king and 1/2 to munwald)
77
Q

What is the punishment for plotting against the King?

A

will be killed and lose their property

78
Q

What happens if you kill a man at the command of the King?

A

You are blameless and pay no composition because the King is beyond blame as acting as God

  • much like the ‘divine right of kings’
  • far reaching power of the king
79
Q

What is the punishment for killing your lord?

A

Death

80
Q

What is the punishment for anyone who defends the killer of a lord?

A

900 solidi (1/2 to the dead man’s family and 1/2 to the king)

those who avoid the ‘hue and cry’ to assist in capturing and killing the killer is fined 50 solidi (1/2 to the king and 1/2 to the man he refused to help)

81
Q

What is crapworfin and what is the punishment?

A

digging up a grave, despoiling the body and throwing the corpse out of the grave

punishment: pays 900 solidi to deceased’s family

  • tremendous insult and affront to family honour, sacrilege on a defenseless “victim”
82
Q

What is rairaub and what is the punishment?

A

looting a corpse and hiding the body

punishment: 80 solidi to dead man’s kin
- if you take things from the body to help identify it and report it immediately, there is no penalty

83
Q

What is the punishment for a man who either attacks someone or leads an armed band of men to attack a village in order to “vindicate some injury”?

A

either killed or fined 900 solidi (1/2 to king and 1/2 to victim)

  • each follower pays 80 solidi (1/2 to king and 1/2 to victim)
  • in addition, all will pay for any damages or injuries
84
Q

What is the crime of wegworin and what is the punishment?

A

blocking a woman or girl on the road, or injuring her

punishment: 900 solidi fine (1/2 to king and 1/2 to munwald)

85
Q

What is the crime of marahworfin and what is the punishment?

A

intentionally knocking a man off his horse (great insult as Lombards are proud cavalry warriors)

punishment: 80 solidi plus any injuries

86
Q

What is a walopaus and what is the punishment?

A

someone who wears a mask/disguise to commit a crime with violence
(considered cowardly)

punishment: 80 solidi

87
Q

What is the fine for someone that commits scandalum (breaking the king’s peace) in a Church?

A

40 solidi, plus damages and injuries
when the king is present shall be put to death

88
Q

What is the outcome of a man being injured or killed by a tree that was cut down and fell on him?

A

If victim was a passerby, those who cut down the tree shall share the weregild or injury fine equally

If the victim was killed, and was one of a group of men cutting down the tree, all will pay an equal share of the victim’s weregild, including the victim

negligence of all including victim, lead to the death, so the deceased is equally responsible

89
Q

What is the punishment for minting false coins or forging a false document?

A

they will lose their hand
- a common mirror punishment among Germanic law codes

90
Q

What is fegangi and what is the punishment?

A

“a thief caught in the act of theft”

punishment: repaying the victim 9x the value of what was taken

91
Q

What happens if someone has ‘madness’ which is believed to be caused by ‘his weighty sins’ or becoming ‘possessed’?

A
  • his family is not responsible for any crimes he commits or any damages he causes
  • if he is killed while committing some crime or damage, nothing is paid in compensation for him
92
Q

What is the fine for riding another’s horse around the village without the owner’s permission?

A

2 solidi
- riding it a great distance is 8x value of the horse penalty
- the law differentiates between joyriding and theft

93
Q

What is the fine for killing an aldia or slave as a vampire/witch?

A

if kill another’s aldia as a vampire/witch, fine is 60 to her lord and 100 solidi (1/2 to king and 1/2 to lord) for the guilt of believing in vampires/witches in a Christian land

if kill another’s female slave as a vampire/witch, the fine to her owner is her monetary value as a worker, plus 40 solidi (1/2 to king and 1/2 to lord) for guilt of believing in vampires/witches in a Christian land

94
Q

What is the fine for striking out the eye of a one-eyed freemand?

A

2/3 his weregeld (compared to 1/2 weregild for striking out an eye of a two-eyed man)

95
Q

What happens to a free woman who takes part in a brawl?

A
  • any injuries she inflicts will be compensated as if she were “her brother” (a man of the same status)
  • if she is injured or killed, no compensation will be made to her family because she took part in a brawl which is “dishonourable for women”
96
Q

What is the fine for calling another man a coward?

A

if accused admits it was said in anger and apologizes (says its untrue), he pays 12 solidi

if accuser persists and settles issue by camfio and loses, he still pays 12 solidi

97
Q

What is the punishment for killing a freeman unintentionally?

A

pay the victim’s weregild

  • faida not required (or allowed) since it was not intentional
  • law tries to limit the causes/reasons for a faida
98
Q

What are the punishments for proven thieves?

A

1st offence: pay composition and put in prison for 2-3 years by the judge (if he can’t pay, his victim can beat, enslave or kill him)

2nd offence: compensation, judge shall cut off his hair, beat him and brand him on the forehead as a thief

3rd offence: judge will sell him into slavery outside the district

99
Q

What is the fine for contacting witches or sorcerers for divinations or praying to sacred pagan trees or spring, or who knows the location of witches and sorcerers and does not report it?

A

1/2 weregeld
- laws trying to eliminate paganism

100
Q
A
101
Q

What is the fine for stealing a woman’s clothes while she bathes in a river?

A

fine his weregeld to the woman

  • the fine is high to compensate for embarassment, insult, and dishonour to the woman and to avoid her family starting a faida against him
102
Q

What is the punishment for a man who gathers a group of women together to assault a weaker man?

A

if women are injured or killed, they will receive no compensation
- local officials will shave off women’s hair and drive them through neighboring villages as an example to others and to humiliate them
- women’s husbands will pay for any damages, injuries or deaths

103
Q

What is the punishment for anyone who raises a revolt or mutiny in the king’s army while gathered for war?

A

put to death
- possible plot to overthrow the king or lead to his defeat in battle

104
Q

What is the punishment for anyone who flees from combat, deserts the army or acts in a way that results in his comrades becoming astalin (prisoners of war)

A

will be killed

105
Q

What is the fine for anyone that commits scandalum in an assembly or council (where king is present)

A

fined 900 solidi

106
Q

What is the punishment for a man that sends his representatives to the nine listed enemy lands, without the king’s permission?

A

lose his life and his property

107
Q

What is the fine for sending your best warriors home, once the king’s army is gathered?

A

20 solidi per man sent away

108
Q

How can a man accused of a capital offence (murder or treason) prove his innocence?

A

by oath

  • if accused and accuser present, accused can prove innocence by camfio (trial by combat)
  • if found guilty by camfio, punishment is death or “such composition as pleases the king”
  • if found innocent by camfio, accuser must pay his weregild (half to king) for insult and to avoid a blood feud
109
Q

What is the punishment for taking the law into your own hands with violence “to vindicate some injury”

A

leader is punished with death or 900 solidi (half to king, half to victim)
- anyone accompanying guilty party are fined 80 solidi (half to king, half to victim)

*breaking the king’s peace, is severely punished

110
Q

What is faida?

A

a blood feud between families, where the victim’s family takes revenge for serious wrongs done against them

111
Q

What is the punishment for a slave who gives poison to a free person, but does not kill them?

A

slave must be put to death

  • slave’s lord must pay half weregeld to victim (attempted murder), minus the value of the slave who was put to death
  • if victim dies = full weregild paid to slave’s lord
  • all cases = slave put to death as they cannot be trusted
112
Q

How is a case settled where an uncle accuses his nephew of being illegitimate due to being born from an adulterous affair?

A

must be settled by oathhelpers as it is seen as inappropriate to be settled by camfio

113
Q

Define mundium

A

man’s legal rights to represent his wife, protect her, collect fines, and inherit on her behalf

114
Q

What happens in a case where a man claims to be the rightful possessor of another man’s wife’s mundium?

A

present husband must offer 12 oathhelpers to prove that she is his legal wife and possesses her mundium
- inappropriate to settle by camfio

115
Q

What happens in a case where a husband is accused of killing his wife?

A

must swear by oathhelpers that he had nothing to do with it, inappropriate to settle by camfio

116
Q

How is an oath broken?

A

if the accused or his oathhelpers refuses to swear on oath on the holy gospels or consecrated/blessed weapons, or if any of the oathhelpers withdraws from the oath

117
Q

What happens if you retract your guilty admission?

A

you must pay composition

118
Q

What can duellers bring to duel?

A

only agreed upon weapons
- no witch’s herbs, talisman etc
- a type of “psychological warfare”
- must swear to no longer carry these if caught

119
Q

What is the punishment for killing in self-defence?

A

pay weregild

120
Q

What is the weregild for a lesser freeman?

A

150 solidi

121
Q

What is the weregeld for a first class freeman?

A

300 solidi

122
Q

What is a slave’s weregeld?

A

40 solidi

123
Q

What is the punishment for offering a false sacred oath (perjury)?

A

lose their property they swore falsely about and pay half weregeld to victim

124
Q

What are the roles of judges?

A

must hold court daily and enforce the laws as they are the first level of justice

  • if not, lose office, pay weregeld to the fisc and composition to anyone who was denied justice
125
Q

What do freemen have to bring when called to the judge or palace?

A

his horse, shield and weapons
- must bring equipment to ride out quickly to make an arrest or defend the state
- punishment: to do otherwise is a type of “draft-dodging” = 20 solidi fine

HIST236 (2 decks)

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