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The ''Lex Thuringorum'' ("Law of the
Thuringians The Thuringii, Toringi or Teuriochaimai, were an early Germanic people that appeared during the late Migration Period in the Harz Mountains of central Germania, a region still known today as Thuringia. It became a kingdom, which came into confl ...
") is a
law code A code of law, also called a law code or legal code, is a systematic collection of statutes. It is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the cod ...
that survives today in one 10th-century manuscript, the Codex Corbeiensis, alongside a copy of the ''
Lex Saxonum The ''Lex Saxonum'' are a series of laws issued by Charlemagne between 782 and 803 as part of his plan to subdue the Saxon nation. The law is thus a compromise between the traditional customs and statutes of the pagan Saxons and the established la ...
'', the law of the
Saxons The Saxons ( la, Saxones, german: Sachsen, ang, Seaxan, osx, Sahson, nds, Sassen, nl, Saksen) were a group of Germanic * * * * peoples whose name was given in the early Middle Ages to a large country (Old Saxony, la, Saxonia) near the Nor ...
. The code was compiled in the first decade of the 9th century, probably 802–3, under
Frankish Frankish may refer to: * Franks, a Germanic tribe and their culture ** Frankish language or its modern descendants, Franconian languages * Francia, a post-Roman state in France and Germany * East Francia, the successor state to Francia in Germany ...
patronage. The language of the law code is
Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
and few Thuringians could have read it, nonetheless some must have cooperated with Frankish officials during the process of collecting and codifying the customs. The ''Lex Thuringorum'', the ''Lex Saxonum'', the '' Lex Francorum Chamavorum'' and the ''
Lex Frisionum ''Lex Frisionum'', the "Law Code of the Frisians", was recorded in Latin during the reign of Charlemagne, after the year 785, when the Frankish conquest of Frisia was completed by the final defeat of the Saxon rebel leader Widukind. The law code c ...
'' comprise the four so-called "Carolingian tribal laws" (''karolingischen Stammesrechte''), because they were produced at the same time at the direction of King
Charles I Charles I may refer to: Kings and emperors * Charlemagne (742–814), numbered Charles I in the lists of Holy Roman Emperors and French kings * Charles I of Anjou (1226–1285), also king of Albania, Jerusalem, Naples and Sicily * Charles I of ...
in order to accommodate the differing legal customs of the nations living within his empire. They were neither totally faithful nor comprehensive reproductions of tribal law, but were created as part of a process of official
christianisation Christianization ( or Christianisation) is to make Christian; to imbue with Christian principles; to become Christian. It can apply to the conversion of an individual, a practice, a place or a whole society. It began in the Roman Empire, conti ...
. The historian
Timothy Reuter Timothy Alan Reuter (25 January 1947 – 14 October 2002), grandson of the former mayor of Berlin Ernst Reuter, was a German-British historian who specialized in the study of medieval Germany, particularly the social, military and ecclesiastical ...
writes that "the manuscript transmission does not suggest that he Thuringian lawwas extensively used, though there are enough different strata of law still visible in the text to suggest that it was not merely a literary exercise." Per chapter 31 of the ''Lex Thuringorum'',
feud A feud , referred to in more extreme cases as a blood feud, vendetta, faida, clan war, gang war, or private war, is a long-running argument or fight, often between social groups of people, especially families or clans. Feuds begin because one part ...
s were heritable: "To whomever an inheritance of land should descend, he also should receive the battlegear—that is to say, the breastplate—and the bligationsof vengeance for kin and the payment of ''
wergild Weregild (also spelled wergild, wergeld (in archaic/historical usage of English), weregeld, etc.), also known as man price ( blood money), was a precept in some archaic legal codes whereby a monetary value was established for a person's life, to ...
''."''Ad quemncumque hereditas terrae pervenerit, ad illum vestis bellica, id est lorica, et ultio proximi et solutio leudis debet pertinere''.
Karl Müllenhoff Karl Viktor Müllenhoff (born September 8, 1818, in Marne, Duchy of Holstein; died February 19, 1884, in Berlin) was a German philologist who specialized in Germanic studies. Biography He was born in Marne, Holstein as the second son of merc ...
cited this passage to show that heritable feuds were of German origin, but more recent scholarship has rejected the view that the early medieval Germanic law codes represent pure Germanic law; rather they fuse Germanic and Roman customs. In the Thuringian law, the severity of punishment for the crime of ''raptus'' (abduction) is equivalent to that for murder, an indication that the former was understood to include rape or sexual violence. Per chapter 47, a woman was permitted to have money, but not to spend it as she saw fit, nor was she to marry without permission.


Notes


Editions


"Lex Thuringorum"
ed. Claudius von Schwerin, MGH, ''Fontes Iuris Germanici Antiqui''. Hanover: 1918.
"Lex Angliorum et Werinorum hoc est Thuringorum"
ed. Karl Friedrich von Richthofen, MGH, ''Leges'', I, v, 103–44.. Hanover: 1875–79.


Sources

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External links


Information on the ''lex Thuringorum'' and its manuscript tradition on the ' website
A database on Carolingian secular law texts (Karl Ubl, Cologne University, Germany, 2012). {{Authority control Germanic legal codes Thuringii Warini