The Law of Frisians

Nowadays, Frisian or Friesian conjures images of horses. The Friesian is one of the oldest horse breeds, popular as a war horse in the 16th and 17th centuries. Their origin is Frisia in the northern Netherlands and northwestern Germany.

When Frisians joined Widukind in rebellion during the reign of Charlemagne, they guaranteed life would change: Charlemagne prevailed, and forced the Frisians to accept Christianity and a set of laws he imposed upon them. This was the Lex Frisionum, the "Law of he Frisians."

The Lex was based on existing Frisian law. There were four legal classes—nobles, freemen, serfs, and slaves—and fines were applied differently to the different classes. (Clergy were not subject to civil law.) Twenty-two chapters of the Lex were all about fines, including wergild, the payment to relatives of a killed person. As with the Anglo-Saxons (and unlike many other cultures), the wergild was equal whether a man or woman.

The Lex includes two references to trial by ordeal, mentioned here and elsewhere. The Frisian method was to hold a stone that has been pulled from boiling water. Blisters were expected, but if they healed within three days, the holder was deemed innocent. A noble could mark himself innocent by Canonical Purgation, described in the post on Oath of Purgation.

The problem with the Lex Frisionum is that we don't have any original documents. What we know about it comes from a 1557 version, compiled with other Germanic law documents from the monastery at Fulda. We don't know how faithful that copy was to the original; some scholars point out that Charlemagne would not have allowed pagan elements to remain. Like so much of history, we only know what we have, and so much is speculation.

Monastic libraries like that at Fulda provide much of what we know, and since Fulda has been mentioned several times recently, I think I should delve into its significance.

Until next time...