Lex Baiuvariorum

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Prologue in the Cim manuscript . 7 of the Munich University Library, 9th century

The Lex Baiuvariorum (also Lex Baiuwariorum , Lex Bajuvariorum or Lex Baivariorum ) is the collection of Bavarian people's law that was created between the 6th and 8th centuries , i.e. the oldest collection of laws of the early Bavarian tribal duchy . The text is written in Latin , but contains Bavarian fragments and thus the oldest tradition of the Bavarian language . It is the oldest and most important written monument of the Bavarians.

Emergence

Settlement area of ​​the Bavarians around 788

Abbot Eberswind of the newly founded Niederaltaich monastery is considered by many to be the processor of this first Bavarian tribal law (around 741/743). The Lex Baiuvariorum in St. Emmeram in Regensburg or in the bishop's monastery on the Freisinger Berg may also have been created. The initiative for this is said to have come from Duke Odilo († 748). The Lex Baiuvariorum itself states King Dagobert (623 to 639), who is said to have given the legal book its final form. This information can be questioned, however, as it is an attempt to highlight Bavaria's dependence on the early Franconian Empire. Ducal power versus royal power, against this background the Lex Baiuvariorum came into being in different stages and was changed significantly in favor of the Franconian kings after the defeat of Tassilo. The Lex Baiuvariorum unites the Visigothic law of King Eurich, the Franconian royal law and parts of the Lex Alamannorum with Bavarian elements to form the so-called popular law of Bavaria .

The Lex Baiuvariorum was in force until 1180. The Lex was in inneralpin- Tyrolean followed chamber of the 10th and 11th centuries, such as the frequent references to the tradition of books of the Bishopric of Brixen to the aures-tracti provisions of the witness evidence (Ch. 16 u. 17 of the Lex) make known.

The oldest surviving manuscript of the Lex Baiuvariorum from around 800, the so-called “Ingolstadt manuscript”, is kept in the University Library in Munich (signature: Cim. 7 = 8 ° Cod. Ms. 132). The collection is one of the Germanic tribal rights .

content

Bavarian jewelry

The Lex Baiuvariorum contains 23 articles of legal provisions and procedural rules on criminal, procedural and private law, some separately for the individual classes (clergy, nobles, free, freed, unfree) as well as principles for the administration of church property.

Chapter:

  1. concerning the clergy or the law of the church
  2. of the Duke and the legal cases that concern him
  3. of the families and their penance
  4. of the free as they are atoned for
  5. by freedmen how they should be atoned
  6. of servants as they should be atone
  7. of the prohibition of violent marriages
  8. about women and their legal cases that happen frequently
  9. from theft
  10. of arson on homes
  11. of violence
  12. of destroyed boundary signs
  13. of pledges
  14. of harmful animals
  15. of things entrusted [and borrowed away]
  16. of sales
  17. of witnesses
  18. of fighters
  19. of the dead and what concerns them
  20. of dogs and their penance
  21. of hawks and birds
  22. of orchards, forests and bees
  23. of pigs

The Agilolfingers are called the rulers of Bavaria who are entitled to inheritance and were appointed by the Franconian Merovingian king in Reims. In addition, the families of Huosi , Trozza , Fagana , Hahiligga (also Hahilinga ) and Anniona are expressly mentioned.

expenditure

literature

Web links

Commons : Lex Baiuvariorum  - collection of images, videos and audio files

Individual evidence

  1. ^ Hubensteiner: Bayerische Geschichte , Rosenheimer Verlagshaus, 17th edition 2009, pp. 44–48.
  2. ^ Hubensteiner: Bayerische Geschichte , Rosenheimer Verlagshaus, 17th edition 2009, p. 45.
  3. ^ Obermair: The right of the Tyrolean-Trientin 'Regio' , pp. 149–150.