Schwabenspiegel
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Schwabenspiegel
The ''Schwabenspiegel'' is a legal code, written in ca. 1275 by a Franciscan friar in Augsburg. It deals mainly with questions of land ownership and fiefdom, and it is based on the Pentateuch, Roman law as well as Canon law. It draws on the early 13th century ''Sachsenspiegel'', and is immediately dependent on the '' Deutschenspiegel'' code. The name "mirror of the Swabians" is also taken from the ''Sachsenspiegel'' ("mirror 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 ..."), both metaphorically compared to a mirror in which to perceive right and wrong. Since the code is not prescriptive but descriptive, i.e. it records current legal practice, it does not impose any new laws. Middle High German literature Germanic legal codes Medieval documents of Germany Trial ...
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Sachsenspiegel
The (; gml, Sassen Speyghel; modern nds, Sassenspegel; all literally "Saxon Mirror") is one of the most important law books and custumals compiled during the Holy Roman Empire. Originating between 1220 and 1235 as a record of existing local traditional customary laws and rulings, it was used in places until as late as 1900. Some legal principles as captured in the book reign into recent time laws throughout Europe. It is important not only for its lasting effect on later German and Dutch law but also as an early example of written prose in a German language. The Sachsenspiegel is the first comprehensive law book not in Latin, but in Middle Low German. A Latin edition is known to have existed, but only fragmented chapters remain. History The ''Sachsenspiegel'' was one of the first prose works written in the Middle Low German language. The original title is ''Sassen Speyghel'', ''Sachsenspiegel'' being a later Standard German translation. It is believed to have been compiled ...
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Franciscan
The Franciscans are a group of related Mendicant orders, mendicant Christianity, Christian Catholic religious order, religious orders within the Catholic Church. Founded in 1209 by Italian Catholic friar Francis of Assisi, these orders include three independent orders for men (the Order of Friars Minor being the largest contemporary male order), orders for women religious such as the Order of Saint Clare, and the Third Order of Saint Francis open to male and female members. They adhere to the teachings and spiritual disciplines of the founder and of his main associates and followers, such as Clare of Assisi, Anthony of Padua, and Elizabeth of Hungary. Several smaller Franciscan spirituality in Protestantism, Protestant Franciscan orders exist as well, notably in the Anglican and Lutheran traditions (e.g. the Community of Francis and Clare). Francis began preaching around 1207 and traveled to Rome to seek approval from Pope Innocent III in 1209 to form a new religious order. The o ...
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Augsburg
Augsburg (; bar , Augschburg , links=https://en.wikipedia.org/wiki/Swabian_German , label=Swabian German, , ) is a city in Swabia, Bavaria, Germany, around west of Bavarian capital Munich. It is a university town and regional seat of the ''Regierungsbezirk'' Schwaben with an impressive Altstadt (historical city centre). Augsburg is an urban district and home to the institutions of the Landkreis Augsburg. It is the third-largest city in Bavaria (after Munich and Nuremberg) with a population of 300,000 inhabitants, with 885,000 in its metropolitan area. After Neuss, Trier, Cologne and Xanten, Augsburg is one of Germany's oldest cities, founded in 15 BC by the Romans as Augsburg#Early history, Augusta Vindelicorum, named after the Roman emperor Augustus. It was a Free Imperial City from 1276 to 1803 and the home of the patrician (post-Roman Europe), patrician Fugger and Welser families that dominated European banking in the 16th century. According to Behringer, in the sixteen ...
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Fiefdom
A fief (; la, feudum) was a central element in medieval contracts based on feudal law. It consisted of a form of property holding or other rights granted by an overlord to a vassal, who held it in fealty or "in fee" in return for a form of feudal allegiance, services and/or payments. The fees were often lands, land revenue or revenue-producing real property like a watermill, held in feudal land tenure: these are typically known as fiefs or fiefdoms. However, not only land but anything of value could be held in fee, including governmental office, rights of exploitation such as hunting, fishing or felling trees, monopolies in trade, money rents and tax farms. There never did exist one feudal system, nor did there exist one type of fief. Over the ages, depending on the region, there was a broad variety of customs using the same basic legal principles in many variations. Terminology In ancient Rome, a " benefice" (from the Latin noun , meaning "benefit") was a gift of land ...
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Pentateuch
The Torah (; hbo, ''Tōrā'', "Instruction", "Teaching" or "Law") is the compilation of the first five books of the Hebrew Bible, namely the books of Genesis, Exodus, Leviticus, Numbers and Deuteronomy. In that sense, Torah means the same as Pentateuch or the Five Books of Moses. It is also known in the Jewish tradition as the Written Torah (, ). If meant for liturgic purposes, it takes the form of a Torah scroll (''Sefer Torah''). If in bound book form, it is called ''Chumash'', and is usually printed with the rabbinic commentaries (). At times, however, the word ''Torah'' can also be used as a synonym for the whole of the Hebrew Bible or Tanakh, in which sense it includes not only the first five, but all 24 books of the Hebrew Bible. Finally, Torah can even mean the totality of Jewish teaching, culture, and practice, whether derived from biblical texts or later rabbinic writings. The latter is often known as the Oral Torah. Representing the core of the Jewish spiritu ...
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Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for Civil law (legal system), civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of List of legal Latin terms, Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''Roman law'' also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire ( ...
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Canon Law (Catholic Church)
The canon law of the Catholic Church ("canon law" comes from Latin ') is "how the Church organizes and governs herself". It is the system of laws and ecclesiastical legal principles made and enforced by the hierarchical authorities of the Catholic Church to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church. It was the first modern Western legal system and is the oldest continuously functioning legal system in the West, while the unique traditions of Eastern Catholic canon law govern the 23 Eastern Catholic particular churches ''.'' Positive ecclesiastical laws, based directly or indirectly upon immutable divine law or natural law, derive formal authority in the case of universal laws from promulgation by the supreme legislator—the supreme pontiff, who possesses the totality of legislative, executive, and judicial power in his person, or by the College of Bishops acting in communion with the ...
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Swabia
Swabia ; german: Schwaben , colloquially ''Schwabenland'' or ''Ländle''; archaic English also Suabia or Svebia is a cultural, historic and linguistic region in southwestern Germany. The name is ultimately derived from the medieval Duchy of Swabia, one of the German stem duchies, representing the territory of Alemannia, whose inhabitants interchangeably were called '' Alemanni'' or '' Suebi''. This territory would include all of the Alemannic German area, but the modern concept of Swabia is more restricted, due to the collapse of the duchy of Swabia in the thirteenth century. Swabia as understood in modern ethnography roughly coincides with the Swabian Circle of the Holy Roman Empire as it stood during the Early Modern period, now divided between the states of Bavaria and Baden-Württemberg. Swabians (''Schwaben'', singular ''Schwabe'') are the natives of Swabia and speakers of Swabian German. Their number was estimated at close to 0.8 million by SIL Ethnologue as of 2 ...
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Saxon People
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 North Sea coast of northern Germania, in what is now Germany. In the late Roman Empire, the name was used to refer to Germanic coastal raiders, and as a name similar to the later "Viking". Their origins are believed to be in or near the German North Sea coast where they appear later, in Carolingian times. In Merovingian times, continental Saxons had been associated with the activity and settlements on the coast of what later became Normandy. Their precise origins are uncertain, and they are sometimes described as fighting inland, coming into conflict with the Franks and Thuringians. There is possibly a single classical reference to a smaller homeland of an early Saxon tribe, but its interpretation is disputed. According to this proposal, the S ...
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Middle High German Literature
Middle High German literature refers to literature written in German between the middle of the 11th century and the middle of the 14th. In the second half of the 12th century, there was a sudden intensification of activity, leading to a 60-year "golden age" of medieval German literature referred to as the ''mittelhochdeutsche Blütezeit'' (). This was the period of the blossoming of ''Minnesang'', MHG lyric poetry, initially influenced by the French and Provençal tradition of courtly love song. The same sixty years saw the composition of the most important courtly romances. again drawing on French models such as Chrétien de Troyes, many of them relating Arthurian material. The third literary movement of these years was a new revamping of the heroic tradition, in which the ancient Germanic oral tradition can still be discerned, but tamed and Christianized and adapted for the court. Historical overview The vernacular literature of the Old High German period, written in abbeys an ...
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Germanic Legal Codes
Germanic law is a scholarly term used to described a series of commonalities between the various law codes (the ''Leges Barbarorum'', 'laws of the barbarians', also called Leges) of the early Germanic peoples. These were compared with statements in Tacitus and Julius Caesar, Caesar as well as with high and late medieval law codes from Germany and Scandinavia. Until the 1950s, these commonalities were held to be the result of a distinct Germanic legal culture. Scholarship since then has questioned this premise and argued that many "Germanic" features instead derive from provincial Roman law. Although most scholars no longer hold that Germanic law was a distinct legal system, some still argue for the retention of the term and for the potential that some aspects of the ''Leges'' in particular derive from a Germanic culture. While the ''Leges Barbarorum'' were written in Latin and not in any Germanic languages, Germanic vernacular, codes of Anglo-Saxon law were produced in Old English ...
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