Tuesday, October 2, 2007
Several Latin law codes of the Germanic peoples written in the Early Middle Ages (also known as leges barbarorum "laws of the barbarians") survive, dating to between the 5th and 9th centuries. They are influenced by Roman law, ecclesiastical law, and earlier tribal customs.
The principal examples are:
All these laws may be described in general as codes of governmental procedure and tariffs of compositions. They all present somewhat similar features with Salic law, the most well-known example, but often differ from it in the date of compilation, the amounts of fines, the number and nature of the crimes, the number, rank, duties and titles of the officers, etc.
In Germanic Europe in the Early Middle Ages, every man was tried according to the laws of his own race, whether Roman, Salian or Ripuarian Frank, Burgundian, Visigoth, Bavarian etc.
A number of separate codes were drawn up specifically to deal with cases between ethnic Romans. These codes differed from the normal ones that covered cases between Germanic peoples, or between Germanic people and Romans. The most notable of these are the Lex Romana Visigothorum or Breviary of Alaric (506), the Lex Romana Curiensis and the Lex Romana Burgundionum.
Code of Euric, (Visigoths) - 471
Lex Burgundionum, (Burgundians, Gundobad) - c. 500
Pactus Alamannorum (Alamanni) - earliest parts c. 500
Lex Salica (Salian Franks, Clovis I) - c. 500
Lex Ripuaria (Ripuarian Franks) - 630s
Edictum Rothari (Lombards, Rothari) - 643
Lex Visigothorum (Visigoths, Reccesuinth) - 654
Lex Alamannorum (Alamanni) - 730
Lex Bajuvariorum (Bavarians) - c. 745
Lex Frisionum (Frisians) - c. 785
Lex Saxonum (Saxons) - 803
Lex Angliorum et Weriforum, hoc est, Thuringorum - 9th century Visigothic law codes
Main article: Lex Burgundionum.
This code was compiled by King Gundobad (474-516), very probably after his defeat by Clovis I in 500. Some additamenta were subsequently introduced, either by Gundobad himself or by his son Sigismund. This law bears the title of Liber Constitutionum, indicating that it emanated from the king; it is also known as the Lex Gundobada or Lex Gombata. It was used for cases between Burgundians, and was also applicable to cases between Burgundians and Romans. For cases between Romans, however, Gundobald compiled the Lex Romana Burgundionum, called sometimes, through a misreading of the manuscript, the Liber Papiani, or simply Papianus.
The laws of the Burgundians show strong traces of Roman influence. It recognizes the will and attaches great importance to written deeds, but on the other hand, sanctions the judicial duel and the cojuratores (sworn witnesses). The vehement protest made in the 9th century by Agobard, bishop of Lyon, against the Lex Gundobada shows that it was still in use at that period. So late as the 10th and even the 11th centuries we find the law of the Burgundians invoked as personal law in Cluny charters, but doubtless these passages refer to accretions of local customs, rather than to actual paragraphs of the ancient code.
Lex Burgundionum
Main article: Lex Alamannorum.
Of the laws of the Alamanni, who dwelt between the Rhine and the Lech, and spread over Alsace and what is now Switzerland to the south of Lake Constance, we possess two different texts.
The earlier text, of which five short fragments have come down to us, is known as the Pactus Alamannorum, and judging from the persistent recurrence of the expression et sic convenit, was most probably drawn up by an official commission. The reference to aifranchisement in ecciesia shows that it was composed after the conversion of the Alamanni to Christianity. There is no doubt that the text dates back at least to the reign of the Frankish king Dagobert I, i.e. to the first half of the 7th century.
The later text, known as the Lex Alamannorum, dates from a period when Alamannia was independent under national dukes, but recognized the theoretical suzerainty of the Frankish kings. There seems no reason to doubt the St. Gall manuscript, which states that the law had its origin in an agreement between the great Alamannic lords and Duke Lantfrid, who ruled the duchy from 709 to 730.
Pactus Alamannorum and Lex Alamannorum
Main article: Edictum Rothari.
We possess a fair amount of information on the origin of the code of laws of the Lombards. The first part, consisting of 388 chapters, also known as the Edictus Langobardorum, and was promulgated by King Rothari at a diet held at Pavia on the 22nd of November 643. This work, composed at one time and arranged on a systematic plan, is very remarkable. The compilers knew Roman law, but drew upon it only for their method of presentation and for their terminology; and the document presents Germanic law in its purity. Rothar's edict was augmented by his successors: Grimwald (668) added nine chapters; Liutprand (713-735), fifteen volumes, containing a great number of ecclesiastical enactments; Ratchis (746), eight chapters; and Aistulf (755), thirteen chapters. After the union of the Lombards to the Frankish kingdom, the capitularies made for the entire kingdom were applicable to Italy. There were also special capitularies for Italy, called Capitula Italica, some of which were appended to the edict of Rothar.
At an early date, compilations were formed in Italy for the use of legal practitioners and jurists. Eberhard, duke and margrave of Rhaetia and Friuli, arranged the contents of the edict with its successive additamenta into a Concordia de sin agnus causis (829-832). In the 10th century a collection was made of the capitularies in use in Italy, and this was known as the Capitulare Langobardorum. Then appeared, under the influence of the school of law at Pavia, the Liber legis Lan gobardorum, also called Liber Papiensis (beginning of 11th century), and the Lombarda (end of 11th century) in two form that given in a Monte Cassino manuscript and known as the Lombarda Casinensis, and the Lombarda Vulgala.
There are editions of the Edictus, the Concordia, and the Liber Papiensis by F. Bluhme and A. Boretius in the Mon. Germ. hist., Leges, iv. Bluhme also gives the rubrics of the Lombardae, which were published by F. Lindenberg in his Codex legum anhiquarum in 1613. For further information on the laws of the Lombards see J. Merkel, Geschichte des Langobardenrechts (1850); A. Boretius, Die Kapitularien im Langobardenreich (1864); and C. Kier, Edictus Rotari (Copenhagen, 1898). Cf. R. Dareste in the Nouvelle Revue hisborique de droit franais eb itranger (1900, p. 143).
Leges Langobardorum
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