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The sachsenspiegel
The Sachsenspiegel ( [ˈzaksn̩ˌʃpiːɡl̩], literally “Saxon Mirror”; Middle Low German: Sassen Speyghel; Low German: Sassenspegel) is the most important law book and custumal of the Holy Roman Empire. Written ca. 1220 as a record of existing customary law, it was used in parts of the HRE until as late as 1900, and is important not only for its lasting effect on later German law, but also as an early example of written prose in a German language, being the first lengthy legal document to have been written in a continental Germanic language, instead of Latin. A Latin edition is known to have existed, but only fragmented chapters remain.
Contents
- The sachsenspiegel
- Dresdner sachsenspiegel
- History
- Branches of Law
- Saxon custom
- Feudal Law
- Extant copies
- Proverbs
- References
Dresdner sachsenspiegel
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 and translated from Latin by the Saxon administrator Eike of Repgow at the behest of his liege lord Count Hoyer of Falkenstein in the years 1220 to 1235. Where the original was compiled is unclear. It was thought to have been written at Burg Falkenstein, but Peter Landau, an expert in medieval canon law, recently suggested that it may have been written at the monastery of Altzelle (now Altzella).
The Sachsenspiegel served as a model for law books in German (Middle High German) like the Augsburger Sachsenspiegel, the Deutschenspiegel, and the Schwabenspiegel. Its influence extended into Eastern Europe, the Netherlands, and the Baltic States.
In Prussia, the Sachsenspiegel was used until the introduction of the Allgemeines Landrecht für die preußischen Staaten in 1794. In Saxony it was used until the introduction of the Saxon Civil Code in 1865. In Anhalt and Thuringia the Sachsenspiegel was not replaced until the introduction of the German Civil Code in 1900. Its precedents continued to be cited as pertinent case law as recently as 1932 by the Reichsgericht (Supreme Court of the Reich) (RGZ 137, 373).
The influence of the Sachsenspiegel, or at least parallels with it, can still be found in modern German law, for instance in inheritance law and the law of neighborly relations (Nachbarrecht; e.g., nuisance, party walls, etc.).
Branches of Law
The Sachsenspiegel contains two branches of law: common law and feudal law.
Saxon custom
Saxon customary law, or Landrecht, was the law of free people including the peasant sokemanry. It contains important rules and regulations concerning property rights, inheritance, marriage, the delivery of goods, and certain torts (e.g. trespass, nuisance). It also treats criminal law and the composition of courts. In other words, it deals with criminal and civil law.
Feudal Law
Feudal law, or Lehnrecht, determined the relationship between different states and rulers, for example the election of emperors and kings, feudal rights, etc. Though it has no modern equivalent, it encompasses what one would call today public law.
The Sachsenspiegel acquired special significance through its exposition of the seven Heerschilde or "shields of knighthood":
- King
- Ecclesiastical princes
- Lay princes
- Free lords (freie Herren)
- Schöffenbarfreie, vassals (Lehnsmänner) of free lords, ministeriales
- Vassals of Schöffenbarfreie etc.
- Unnamed.
Manorial tenants and burgesses (inhabitants of a borough) were not mentioned.
Extant copies
Four (of the original seven) illuminated manuscripts copies are still extant. They are named after their present locations: Heidelberg, Oldenburg, Dresden, and Wolfenbüttel, and date from 1295 to 1371. In total, over 400 versions of the manuscript exist today.
The Dresden manuscript has been described as the "most artistically valuable," by the World Digital Library. It is located in the collection of the Saxon State Library and was created between 1295 and 1363 around Meissen, Germany. This version has 924 illustrations on 92 pages. The illustrations depict about 4,000 people. It suffered water damage after the Bombing of Dresden in World War II and underwent restoration in the 1990s.
An early printed edition of the Sachsenspeigel was produced by Anna Rügerin in Augsburg, dated 22 June 1484. It is the first documented evidence of a woman working as a typographer.
Proverbs
Some German proverbs date from the Sachsenspiegel: