Lex Baiuvariorum
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
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
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:
- concerning the clergy or the law of the church
- of the Duke and the legal cases that concern him
- of the families and their penance
- of the free as they are atoned for
- by freedmen how they should be atoned
- of servants as they should be atone
- of the prohibition of violent marriages
- about women and their legal cases that happen frequently
- from theft
- of arson on homes
- of violence
- of destroyed boundary signs
- of pledges
- of harmful animals
- of things entrusted [and borrowed away]
- of sales
- of witnesses
- of fighters
- of the dead and what concerns them
- of dogs and their penance
- of hawks and birds
- of orchards, forests and bees
- 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
- Johannes Merkel (Ed.): Leges Alamannorum. Leges Baiuwariorum . Friedrich Bluhme (Ed.): Leges Burgundionum . Karl von Richthofen (ed.): Lex Frisionum . Unchanged reprint of the 1863 edition. Hiersemann, Stuttgart 1993, ISBN 3-7772-6507-1 , ( Monumenta Germaniae Historica , Leges , Leges (in Folio) (LL) 3, ISSN 0344-4953 ). The Lex Baiuvariorum on p. 183ff. ( Digitized version )
- Ernst von Schwind (Ed.): Lex Baiwariorum . Unchanged reprint of the 1926 edition. Hahn, Hannover 1997, ISBN 3-7752-5423-4 , ( Monumenta Germaniae Historica , Leges , Leges nationum Germanicarum (LL nat. Germ.) 5, 2, ISSN 0343-0839 ). With the digital monuments .
- Konrad Beyerle : Lex Baiuvariorum. Collotype reproduction of the Ingolstadt manuscript of the Bavarian People's Law with transcription, text notes, translation, introduction, literature overview and glossary. For the centenary of the relocation of the University of Landshut to Munich . Hueber, Munich 1926, (Also: ders .: Lex Baiuwariorum. Reproduction of the Ingolstadt manuscript of Bavarian national law. In the original translation from the Latin . Publishing house Documenta Naturae, Olching 1997, ( Documenta historiae 2, 1, ISSN 1433-1691 )) , (Also: ders .: Introduction to the Lex Baiuvariorum. As an introduction to a facsimile edition of the Ingolstadt manuscript of Bavarian national law . Hueber, Munich 1926. From: Ceremony of the Law Faculty and the University Library of Munich for the centenary of the University of Munich ).
- Karl August Eckhardt (Ed.): Allemannen and Bavaria . Böhlau, Weimar 1934, ( Germanenrechte 2, The laws of the Carolingian Empire 714–911 2).
- Hannes Obermair : The law of the Tyrolean-Trientin 'Regio' between late antiquity and the early Middle Ages . In: Concilium Medii Aevi 9 (2006), pp. 141-158, DOI: 10.2364 / 1437905809107 .
- Roman Deutinger : Lex Baioariorum. The right of Bavaria. Pustet, Regensburg 2017, ISBN 978-3-7917-2787-5 .
literature
- Harald Siems : Lex Baiuvariorum. In: Reallexikon der Germanischen Altertumskunde (RGA). 2nd Edition. Volume 18, Walter de Gruyter, Berlin / New York 2001, ISBN 3-11-016950-9 , pp. 305-315.
- Peter Landau : The Lex Baiuvariorum. Date, place and character of Bavaria's oldest legal and historical source. Publishing house of the Bavarian Academy of Sciences, Munich 2004, ISBN 3-7696-1627-8 , ( Bavarian Academy of Sciences, Philosophical-Historical Class Session Reports 3, 2004) online .
- Harald Siems: The life picture of Lex Baiuvariorum. In: Hans-Joachim Hecker, Reinhard Heydenreuther, Hans Schlosser (Hrsg.): Legislation and legal reality in Bavarian history . Conference of the Society for Bavarian Legal History 1 (Ingolstadt). Beck, Munich 2006, ISBN 3-406-10671-4 , ( Journal for Bavarian State History . Supplement, Series B, 30), pp. 29–73.
Web links
- Geschichtsquellen.de
- Publications on the lex Baiuvariorum in the Opac of the Regesta Imperii
- Excerpts and structure on the website of Helmut Zenz ( Memento from August 13, 2013 in the Internet Archive )
- The lex Baiuvariorum in the Bibliotheca legum regni Francorum manuscripta , manuscript database on secular law in the Franconian Empire ( Karl Ubl , University of Cologne ).
- Lex Baiuvariorum (Ingolstadt manuscript) - high-resolution digitized version in the culture portal bavarikon
- Lex Baiuvariorum in the LegIT project ( digital recording and indexing of the vernacular vocabulary of the continental West Germanic Leges barbarorum in a database )