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 Abbot is an ecclesiastical title given to the head of an independent monastery for men in various Western Christian traditions. The name is derived from ''abba'', the Aramaic form of the Hebrew ''ab'', and means "father". The female equivale ...

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 The Visigoths (; ) were a Germanic people united under the rule of a king and living within the Roman Empire during late antiquity. The Visigoths first appeared in the Balkans, as a Roman-allied barbarian military group united under the comman ...

Code of Euric The ''Codex Euricianus'' or ''Code of Euric'' was a collection of laws governing the Visigoths compiled at the order of Euric, Visigothic Kingdom, King of the Visigoths, sometime before 480, probably at Toulouse (possibly at Arles); it is one of ...

and from the '' Lex Alamannorum''. The Bavarian law, therefore, is later than that of the

Alamanni The Alemanni or Alamanni were a confederation of Germanic tribes * * * on the Upper Rhine River during the first millennium. First mentioned by Cassius Dio in the context of the campaign of Roman emperor Caracalla of 213 CE, the Alemanni c ...

. It dates unquestionably from a period when the Frankish authority was very strong in Bavaria, when the dukes were

vassal A vassal or liege subject is a person regarded as having a mutual obligation to a lord or monarch, in the context of the feudal system in medieval Europe. While the subordinate party is called a vassal, the dominant party is called a suzerain ...

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 Charles Martel (; – 22 October 741), ''Martel'' being a sobriquet in Old French for "The Hammer", was a Franks, Frankish political and military leader who, as Duke and Prince of the Franks and Mayor of the Palace, was the de facto ruler of ...

, and to recognize the Frankish suzerainty. About the same period, too, the church of Bavaria was organized by

St Boniface Boniface, OSB (born Wynfreth; 675 –5 June 754) was an English Benedictine monk and leading figure in the Anglo-Saxon mission to the Germanic parts of Francia during the eighth century. He organised significant foundations of the church i ...

, 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. * 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

Agilolfings The Agilolfings were a noble family that ruled the Duchy of Bavaria on behalf of their Merovingian suzerains from about 550 until 788. A cadet branch of the Agilolfings also ruled the Kingdom of the Lombards intermittently from 616 to 712. They ...

as the leading noble family from which the rulers of Bavaria are chosen. The other noble families explicitly mentioned are: Anniona, Fagana, Hahilinga, Huosi and Trozza (sometimes also spelled "Drozza"). * 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 womenFosberry, John trans, ''Criminal Justice through the Ages'', English trans. John Fosberry. Mittalalterliches Kriminalmuseum, Rothenburg ob der Tauber, (1990 Eng. trans. 1993) p.48-52 In full, the different titles were ordered as follows: * 1. about the clergy or of church law * 2. about the Duke and the legal cases that concern him * 3. about the sexes and their penance * 4. about the free, as they are atoned for * 5. about freedmen, how they should be repaid * 6. about servants, how they should be repaid * 7. about the prohibition of incestuous marriages * 8. about women and their legal cases, as they often happen * 9. about theft * 10. about arson to houses * 11. about outrage * 12. about destroyed boundary signs * 13. about pawns * 14. about harmful animals * 15. about entrusted nd borrowedthings * 16. about sales * 17. about witnesses * 18. about fighters * 19. about the dead and what concerns them * 20. about dogs and their penance * 21. about hawks and birds * 22. about orchards, forests and bees * 23. about pigs 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 The Ludwig Maximilian University of Munich (simply University of Munich, LMU or LMU Munich; ) is a public university, public research university in Munich, Bavaria, Germany. Originally established as the University of Ingolstadt in 1472 by Duke ...

Notes

Sources

* Fosberry, John trans, ''Criminal Justice through the Ages'', English trans. John Fosberry. Mittelalterliches Kriminalmuseum, Rothenburg ob der Tauber, (1990 Eng. trans. 1993) * Merzbacher, Friedrich, "History of German Law Making", ''Criminal Justice Through the Ages'', Mittelalterliches Kriminalmuseum, 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, .

External links

Full text of MGH critical edition (in Latin).

Information on the ''lex Baiuvariorum'' and its manuscript tradition on the ' website
A database on Carolingian secular law texts (Karl Ubl, Cologne University, Germany, 2012). {{Authority control Duchy of Bavaria Germanic legal codes Legal history of Germany Germany in the Early Middle Ages