Written by: Murad Iskandar, LLB 2026

Instructor: Dr. Javid Gadirov, Legal History, CRN 10398

Date: 09.10.2022

Topic: Comparison between Aethelberht and Gundobad. Overall structure of their codes. Their position
to marriage

Assignment
Fall of the Western Roman Empire changed almost everything and formed new politic, sociological
condition in Western Europe. Some Germanic tribes created new kingdoms in the area of fallen empire,
in which Romans and Germanic tribes lived together. Germanic customary/tribal/barbarian law, which
was unwritten, solved serious problems among tribes and their members. Romans used Vulgar Roman
Law, very basic version of ancient Roman Law. Spread of Christianity had also changed some principles
in their rules. I want to depict some parts of these mechanisms using 2 examples from them.

One of them was Kingdom of Kent, in which we can see very significant events including legislation. King
Aethelbert (550-616) was the first lawgiver among Anglo-Saxons, created the earliest surviving code
composed in any of the Germanic countries. They were even written in Old English, in Germanic tongue,
varies from other Germanic codes written in Latin. In addition to that, analysis of the rules shows clearly
that there’s not any attachment with Roman or Vulgar Roman Law, it was based on customary law. Its
reformist changes in customary law, usage of legislation for social control greatly influenced other
Anglo-Saxonian kings. He stopped the blood-feud. Generally, the role of these rules was describing the
concepts(bot- compensation, geld/wergeld- demand of a multiple of value, wite- the amount of fine
taken by the king) of money payments for lots of situations of harm. Extent of the fine differed on the
degree of the damage and social title of the victim.

Aethelberht was the first Christian king of England. Impact of St. Augustine converted his belief. Literacy
evolved by St. Augustine made the writing of a new code possible. Christianity showed its effects in
some parts of the new law. Aethelberht valued clergymen, as he put high restitutions against the
offenders damaged them.

Our second instance is the Lex Gundobada. Gundobad (473-516) was the king of Burgundians, who had
settled in the Burgundy and lived with Romans. Compilation of these laws were for both Burgundian and
Roman population. It was written in Latin and also received some elements from Roman Law.
Burgundians didn’t force Romans for obeying their laws, but rather they attempted to constitute the
codes of law that would be fair for everyone. Lex Gundobada is a respective body of sample showing on
the way of evolution from tribal custom to positive statute law. Its successive practice could be seen in a
body of royal legislation. The Burgundian nobles and Roman nobles- optimates had very superior
position in a given community(their demand on higher wergild and imposed higher composition in cases
of crimes commited against them) and were charge of the local administration of justice. We can also
see prevention of blood-feud via paying compensation.

While correlating laws about marriage in both codes, Aethelberht’s laws don’t give such information. It
only determined the fines for cheating. St. Augustine tried to impose Christianity’s view on marriage, but
failed. The Pope advised him to declare marriage between the kindred sinful. It is ironic that successor
of Aethelbert married with his stepmother. However, Lex Gundobada figures out almost every case such
as wedding gift, entering of women to the second or third marriage. Title 52 shows how king attentively
takes part in judgement of a marriage, which contains very precious “contract” of Germanic tribe- oath