Lex Frisionum
Encyclopedia
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 Frisian king Radboud. The law code covered the region of the Frisians
. The Frisians were divided into four legal classes, to whom the law, or those transgressions of it that incurred set fines, applied. They were the nobles, the freemen, the serfs and slaves. The clergy are not mentioned in the Lex Frisionum as they were not liable to civil law.
The Frisians received the title of freemen and were allowed to choose their own podestat
or imperial governor. In the Lex Frisionum three districts of Frisia
are clearly distinguished: the law governs all of Frisia, but West Frisia "between Zwin
and Vlie
" and East Frisia "between Lauwers
and Weser" have certain stated exceptional provisions
At the partition treaty of Verdun (843) the whole of Frisia became part of Lotharingia
; at the treaty of Meersen (870) it was briefly divided between the kingdoms of the East Franks (Austrasia
) and the West Franks (Neustria
), but in 808 the whole country was united to Austrasia.
The first twenty-two chapters of the Lex Frisionum are entirely concerned with schedules of fines (compositio) and wergeld, the compensations due victims or their kin, scheduled according to the social ranks of perpetrator and victim. Remarkably, the fine for killing a woman was exactly the same as for a man of the same rank, a feature of Frisian law that links it to Anglo-Saxon
law, and stands apart from all other German codes. A further eleven chapters contain the 'Additions of the Wise Men' (Additio sapientum), ten subheadings from the judgements of Wiemar and of Saxmund of whom nothing is known, as well as sections from the Lex Thuringorum ("Law Code of the Thuringia
ns") to cover instances not previously covered.
A noble's defense was to gather a specified number of "oath-helpers" willing to swear that the crime was not committed.
The only trial by ordeal
mentioned (twice) in the Lex Frisionum is the ordeal by boiling water. A stone had to be withdrawn from a seething cauldron: if the blisters were healed within three days, the man was innocent.
There are no surviving manuscripts of the Lex Frisionum. The only testimony is the oldest printed version, which dates from 1557. In that year, the printer Joannis Basilius Herold from Basel
made a compilation of all Germanic laws from the time of Charlemagne, Originum ac Germanicarum Antiquitatum Libri.... Among them he printed the Lex Frisionum, but from what source, or how corrupt his text, is unknown.
The surviving version is apparently a rough draft, still retaining pagan elements, which doubtless would have been edited out in the finished version, which Charlemagne apparently contemplated assembling for each of the Germanic peoples in his empire.
Charlemagne
Charlemagne was King of the Franks from 768 and Emperor of the Romans from 800 to his death in 814. He expanded the Frankish kingdom into an empire that incorporated much of Western and Central Europe. During his reign, he conquered Italy and was crowned by Pope Leo III on 25 December 800...
, after the year 785, when the Frankish conquest of Frisia was completed by the final defeat of the Frisian king Radboud. The law code covered the region of the Frisians
Frisians
The Frisians are a Germanic ethnic group native to the coastal parts of the Netherlands and Germany. They are concentrated in the Dutch provinces of Friesland and Groningen and, in Germany, East Frisia and North Frisia, that was a part of Denmark until 1864. They inhabit an area known as Frisia...
. The Frisians were divided into four legal classes, to whom the law, or those transgressions of it that incurred set fines, applied. They were the nobles, the freemen, the serfs and slaves. The clergy are not mentioned in the Lex Frisionum as they were not liable to civil law.
The Frisians received the title of freemen and were allowed to choose their own podestat
Podestà
Podestà is the name given to certain high officials in many Italian cities, since the later Middle Ages, mainly as Chief magistrate of a city state , but also as a local administrator, the representative of the Emperor.The term derives from the Latin word potestas, meaning power...
or imperial governor. In the Lex Frisionum three districts of Frisia
Frisia
Frisia is a coastal region along the southeastern corner of the North Sea, i.e. the German Bight. Frisia is the traditional homeland of the Frisians, a Germanic people who speak Frisian, a language group closely related to the English language...
are clearly distinguished: the law governs all of Frisia, but West Frisia "between Zwin
Zwin
The Zwin is a nature reserve at the North Sea coast, on the Belgian-Dutch border. It consists of the entrace area of a former tidal inlet which during the Middle Ages connected the North Sea with the ports of Sluis and Bruges inland....
and Vlie
Vlie
The Vlie or Vliestroom is the seaway between the Dutch islands of Vlieland, to its southwest, and Terschelling, to its northeast. The Vlie was the estuary of the river IJssel in medieval times...
" and East Frisia "between Lauwers
Lauwers
The Lauwers is a river in the Netherlands. It forms part of the border between the provinces of Friesland and Groningen. From the 730's to Widukind's defeat in 785 it was part of the border of the Frankish Empire....
and Weser" have certain stated exceptional provisions
At the partition treaty of Verdun (843) the whole of Frisia became part of Lotharingia
Lotharingia
Lotharingia was a region in northwest Europe, comprising the Low Countries, the western Rhineland, the lands today on the border between France and Germany, and what is now western Switzerland. It was born of the tripartite division in 855, of the kingdom of Middle Francia, itself formed of the...
; at the treaty of Meersen (870) it was briefly divided between the kingdoms of the East Franks (Austrasia
Austrasia
Austrasia formed the northeastern portion of the Kingdom of the Merovingian Franks, comprising parts of the territory of present-day eastern France, western Germany, Belgium, Luxembourg and the Netherlands. Metz served as its capital, although some Austrasian kings ruled from Rheims, Trier, and...
) and the West Franks (Neustria
Neustria
The territory of Neustria or Neustrasia, meaning "new [western] land", originated in 511, made up of the regions from Aquitaine to the English Channel, approximating most of the north of present-day France, with Paris and Soissons as its main cities...
), but in 808 the whole country was united to Austrasia.
The first twenty-two chapters of the Lex Frisionum are entirely concerned with schedules of fines (compositio) and wergeld, the compensations due victims or their kin, scheduled according to the social ranks of perpetrator and victim. Remarkably, the fine for killing a woman was exactly the same as for a man of the same rank, a feature of Frisian law that links it to Anglo-Saxon
Anglo-Saxons
Anglo-Saxon is a term used by historians to designate the Germanic tribes who invaded and settled the south and east of Great Britain beginning in the early 5th century AD, and the period from their creation of the English nation to the Norman conquest. The Anglo-Saxon Era denotes the period of...
law, and stands apart from all other German codes. A further eleven chapters contain the 'Additions of the Wise Men' (Additio sapientum), ten subheadings from the judgements of Wiemar and of Saxmund of whom nothing is known, as well as sections from the Lex Thuringorum ("Law Code of the Thuringia
Thuringia
The Free State of Thuringia is a state of Germany, located in the central part of the country.It has an area of and 2.29 million inhabitants, making it the sixth smallest by area and the fifth smallest by population of Germany's sixteen states....
ns") to cover instances not previously covered.
A noble's defense was to gather a specified number of "oath-helpers" willing to swear that the crime was not committed.
The only trial by ordeal
Trial by ordeal
Trial by ordeal is a judicial practice by which the guilt or innocence of the accused is determined by subjecting them to an unpleasant, usually dangerous experience...
mentioned (twice) in the Lex Frisionum is the ordeal by boiling water. A stone had to be withdrawn from a seething cauldron: if the blisters were healed within three days, the man was innocent.
Transmission
On numismatic ground based on the of fines (compositio) and wergeld, the laws from the Lex Frisionum date from the first half of the 7th century at the latest.There are no surviving manuscripts of the Lex Frisionum. The only testimony is the oldest printed version, which dates from 1557. In that year, the printer Joannis Basilius Herold from Basel
Basel
Basel or Basle In the national languages of Switzerland the city is also known as Bâle , Basilea and Basilea is Switzerland's third most populous city with about 166,000 inhabitants. Located where the Swiss, French and German borders meet, Basel also has suburbs in France and Germany...
made a compilation of all Germanic laws from the time of Charlemagne, Originum ac Germanicarum Antiquitatum Libri.... Among them he printed the Lex Frisionum, but from what source, or how corrupt his text, is unknown.
The surviving version is apparently a rough draft, still retaining pagan elements, which doubtless would have been edited out in the finished version, which Charlemagne apparently contemplated assembling for each of the Germanic peoples in his empire.