Lex Baiuvariorum
Encyclopedia
The Lex Baiuvariorum was a collection of the tribal laws
of the Bavarii
of the sixth through eighth centuries. The first compilation was edited by Eberswind, first abbot
of Niederaltaich
, in 741
or 743
. Duke Odilo
, founder supplemented the code around 748
. It is one of the most well documented bodies of Germanic tribal law.
Parts of the Lex Baiuvariorum are identical with the Visigothic Code of Euric
and from the Lex Alamannorum
. The Bavarian law, therefore, is later than that of the Alamanni
. It dates unquestionably from a period when the Frankish authority
was very strong in Bavaria, when the dukes were vassal
s of the Frankish kings. Immediately after the revolt of Bavaria in 743, the Bavarian Duke Odilo was forced to submit to Pippin the Younger
and Carloman
, the sons of Charles Martel
, and to recognize the Frankish suzerainty. About the same period, too, the church of Bavaria was organized by St Boniface, and the country divided into several bishoprics; and we find frequent references to these bishops (in the plural) in the law of the Bavarians. On the other hand, we know that the law is anterior to the reign of Duke Tassilo III (749-788). The date of compilation must, therefore, be placed between 743 and 749.
Wilhelm Störmer claims that though the Lex Baiuvariorum uses some identical titles as Visigothic and Alamani texts, synodal texts and the Tradition Book of Freising indicate that it cannot simply be a copy. K. Reindels claims that the law could have been developed in stages, starting with the reign of Theudebert I
(539–548) until we have the version that we know today created during the reign of Odillo. What is certain is that the Lex Baiuvariorum was created at the behest of the Frankish
overlords.
The Lex Baiuvariorum consists mostly of individual acts the penalty in cash to be paid to the victim or the victim's family as well as the public treasury. Many of the extant manuscripts are in a small format, a clear indication that the lawbook was at hand when the lord held court. The text is written in Latin.
The Lex Baiuvariorum is divided into 23 titles. Titles 1–6 regulate the law of the different social ranks. Titles 7-23 offer legal rulings on criminal and private law.
The laws remained in effect until 1180. The oldest manuscript dates from around 800
and is in the possession of the library of the University of Munich.
Early Germanic law
Several Latin law codes of the Germanic peoples written in the Early Middle Ages survive, dating to between the 5th and 9th centuries...
of the Bavarii
Bavarii
The Bavarii were a Germanic tribe whose name emerged late in Teutonic tribal times. The full name originally was the Germanic *baio-warioz. This name has been handed down as Baiwaren, Baioaren, Bioras, latinised Bavarii, Baioarii. or Bavarii, Bavarians, Bajuwaren, Bajuvarii, Bajuwaren and Baiern....
of the sixth through eighth centuries. The first compilation was edited by Eberswind, first abbot
Abbot
The word abbot, meaning father, is a title given to the head of a monastery in various traditions, including Christianity. The office may also be given as an honorary title to a clergyman who is not actually the head of a monastery...
of Niederaltaich
Niederaltaich Abbey
Niederaltaich Abbey or Niederaltaich Monastery is a house of the Benedictine Order founded in 731 , situated in the village of Niederalteich on the Danube in Bavaria....
, in 741
741
Year 741 was a common year starting on Sunday of the Julian calendar. The denomination 741 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years.- Europe :* Carloman, Pippin the Short and Grifo succeed...
or 743
743
Year 743 was a common year starting on Tuesday of the Julian calendar. The denomination 743 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years.- Europe :* After an interregnum of seven years,...
. Duke Odilo
Odilo of Bavaria
Odilo was an Alamannic nobleman, a son of Gotfrid of the house of the Agilolfings.He ruled Thurgau until 736, when with the death of Hugbert of Bavaria the older line of the Agilofing became extinct and he inherited the rulership of Bavaria, which he held until his death in 748.Odilo presided...
, founder supplemented the code around 748
748
Year 748 was a leap year starting on Monday of the Julian calendar. The denomination 748 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years.- Asia :* January – An earthquake strikes the Middle...
. It is one of the most well documented bodies of Germanic tribal law.
Parts of the Lex Baiuvariorum are identical with the Visigothic Code of Euric
Code of Euric
The Codex Euricianus or Code of Euric was a collection of laws governing the Visigoths compiled at the order of Euric, King of Spain, sometime before 480, probably at Toulouse ; it is one of the earliest examples of early Germanic law. The compilation itself was the work of Leo, a Roman lawyer and...
and from the Lex Alamannorum
Lex Alamannorum
The terms Lex Alamannorum and Pactus Alamannorum refer to two early medieval law codes of the Alamanni. They were first edited in parts in 1530 by Johannes Sichard in Basel.-Pactus Alamannorum:...
. The Bavarian law, therefore, is later than that of the Alamanni
Alamanni
The Alamanni, Allemanni, or Alemanni were originally an alliance of Germanic tribes located around the upper Rhine river . One of the earliest references to them is the cognomen Alamannicus assumed by Roman Emperor Caracalla, who ruled the Roman Empire from 211 to 217 and claimed thereby to be...
. It dates unquestionably from a period when the Frankish authority
Frankish Empire
Francia or Frankia, later also called the Frankish Empire , Frankish Kingdom , Frankish Realm or occasionally Frankland, was the territory inhabited and ruled by the Franks from the 3rd to the 10th century...
was very strong in Bavaria, when the dukes were vassal
Vassal
A vassal or feudatory is a person who has entered into a mutual obligation to a lord or monarch in the context of the feudal system in medieval Europe. The obligations often included military support and mutual protection, in exchange for certain privileges, usually including the grant of land held...
s of the Frankish kings. Immediately after the revolt of Bavaria in 743, the Bavarian Duke Odilo was forced to submit to Pippin the Younger
Pippin the Younger
Pepin , called the Short or the Younger , rarely the Great , was the first King of the Franks of the Carolingian dynasty...
and Carloman
Carloman, son of Charles Martel
Carloman was the eldest son of Charles Martel, major domo or mayor of the palace and duke of the Franks, and his wife Chrotrud. On Charles' death , Carloman and his brother Pippin the Short succeeded to their father's legal positions, Carloman in Austrasia, and Pippin in Neustria...
, the sons of Charles Martel
Charles Martel
Charles Martel , also known as Charles the Hammer, was a Frankish military and political leader, who served as Mayor of the Palace under the Merovingian kings and ruled de facto during an interregnum at the end of his life, using the title Duke and Prince of the Franks. In 739 he was offered the...
, and to recognize the Frankish suzerainty. About the same period, too, the church of Bavaria was organized by St Boniface, and the country divided into several bishoprics; and we find frequent references to these bishops (in the plural) in the law of the Bavarians. On the other hand, we know that the law is anterior to the reign of Duke Tassilo III (749-788). The date of compilation must, therefore, be placed between 743 and 749.
Wilhelm Störmer claims that though the Lex Baiuvariorum uses some identical titles as Visigothic and Alamani texts, synodal texts and the Tradition Book of Freising indicate that it cannot simply be a copy. K. Reindels claims that the law could have been developed in stages, starting with the reign of Theudebert I
Theudebert I
Theudebert I was the Merovingian king of Austrasia from 533 to his death in 548. He was the son of Theuderic I and the father of Theudebald....
(539–548) until we have the version that we know today created during the reign of Odillo. What is certain is that the Lex Baiuvariorum was created at the behest of the Frankish
Franks
The Franks were a confederation of Germanic tribes first attested in the third century AD as living north and east of the Lower Rhine River. From the third to fifth centuries some Franks raided Roman territory while other Franks joined the Roman troops in Gaul. Only the Salian Franks formed a...
overlords.
The Lex Baiuvariorum consists mostly of individual acts the penalty in cash to be paid to the victim or the victim's family as well as the public treasury. Many of the extant manuscripts are in a small format, a clear indication that the lawbook was at hand when the lord held court. The text is written in Latin.
The Lex Baiuvariorum is divided into 23 titles. Titles 1–6 regulate the law of the different social ranks. Titles 7-23 offer legal rulings on criminal and private law.
- Title I: Protection of the church, spiritual men, its people and property including servants and wards.
- Title II: Protection of the duke, his office, and his military operations.
- Title III: Stipulates the AgilolfingsAgilolfingsThe Agilolfings were a family of either Frankish or Bavarian nobility that ruled the Duchy of Bavaria on behalf of their Merovingian suzerains from about 550 until 788...
as the leading noble family from which the rulers of Bavaria are chosen. The other ruling families are: Huosi, Trozza, Fagana, Hahilinga, and Ariona. - Title IV: The protection of the free. Under free, the Lex Baiuvariorum makes a distinction between those who are free and those who have been set free. Fines for breaking the law varies depending on the status of the individuals involved: free, set free, and unfree.
- Title VIII: On Women and their Legal Causes that often occur. First and foremost, addresses the fines and instances of justified homicide incidental to acts of female (free or bonded) infidelity and adulterous acts. Addresses, too, fines incurred by male (free or bonded) misconduct and molestation of women
The laws remained in effect until 1180. The oldest manuscript dates from around 800
800
Year 800 was a leap year starting on Wednesday of the Julian calendar. It was around this time that the Anno Domini calendar era became the prevalent method in Europe for naming years, so from this time on, the years began being known as 800 and onwards.- Europe :* December 25 - Pope Leo III...
and is in the possession of the library of the University of Munich.
Sources
- Fosberry, John trans, Criminal Justice through the Ages, English trans. John Fosberry. Mittalalterliches Kriminalmuseum, Rothenburg ob der Tauber, (1990 Eng. trans. 1993)
- Prof. Dr. Dr. Merzbacher, Friedrich, "History of German Law Making", Criminal Justice Through the Ages, Mittelalterliches Kriminal Museum, Rothenburg ob der Taube, Druckerei Schulist, Heilbronn, 1981
- Störmer, Wilhelm. Die Baiuwaren: Von der Völkerwanderung bis Tassilo III. pp 49 – 53. Verlag C. H. Beck, 2002, ISBN 3-406-47981-2.
