Siebenharden sieve

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Brochure of the publication
by Max Pappenheim:
Die Siebenhardenbeläge of June 17, 1426 . Printed in Flensburg in 1926.

The Siebenhardenbelichtung of June 17, 1426 is the oldest record of North Frisian law. In it, the legal norms in the Harden der Uthlande, settled by North Frisians , in the Duchy of Schleswig ( Sønderjylland ) are recorded in writing for the first time.

etymology

The word popular is a noun of the verb belieben , which arose in the 16th century through a prefix from the verb love . To like has the meaning of liking . A popular choice is thus an agreement on legal norms that are liked in a social system - here it is the Harden - that is, that are liked. Because the Harden were not sovereign, they needed the ruler's consent to be able to vote. Nevertheless, a comparison with the Latin ad libitum (abbreviated ad lib. ) Is possible, which means at will, at will : In music a composer gives with the notation ad lib. an instruction that grants the interpreter creative freedom.

The original manuscript from 1426 was missing a heading; the term Siebenhardenbelichtung first appeared in the land rights draft of the five hares from 1558.

history

In the two decades before the siege of Siebenharden, the Schauenburg princes fought over the Duchy of Schleswig with Denmark after Heinrich , the last Duke of Schleswig, died in 1375 without an heir. During the reign of Duchess Elisabeth, widow of the Holstein Duke Gerhard VI. from the Schauenburg princely house, for their underage son, a war broke out in 1408 with the Danish royal house under Margarethe I and Erik VII . Duke Heinrich IV took over the rule himself in 1413 and concluded an armistice in 1417, which was broken again in 1423. He and his brothers Adolf and Gerhard were still involved with the Danish King Erik VII in the succession dispute over the Duchy of Schleswig, which King Sigismund's arbitration decision of June 28, 1424 was ultimately unable to end. The later emperor had against the heirs of Gerhard VI. decided and denied the status of inheritance to the Duchy of Schleswig . In doing so, however, he contradicted the Pope, who had decided in favor of the Schauenburger.

St. Nicolai auf Föhr , meeting place for the councilors

In this politically uncertain situation, the North Frisians saw their independence threatened. For the first time they appeared as a group and gathered in the church of St. Nicolai auf Föhr in Boldixum (today a district of Wyk auf Föhr ) on Monday, June 17, 1426, two days after St. Vitus Day . The Siebenhardenbellage was decided as a legal record during the reign of Henry IV by representatives of the following seven Harden:

  1. Pillwormingharde ( Pellwormharde , southwest part of the island of Strand )
  2. Belltringharde ( Beltringharde , northeast part of the island of Strand)
  3. Wrykesharde (Wiriksharde on the island of Strand, area around Hallig Langeneß )
  4. Osterharde Föhr ( Osterland Föhr )
  5. Sildt ( Sylt )
  6. Horsbullharde ( Horsbüllharde )
  7. Bockingharde ( Bökingharde ).

Delegates from the Lundenbergharde , the southeastern part of the island of Strand, and the Edomsharde , the eastern part of the island of Strand, took part in the meeting without participation rights . These two Harden had already paid homage to the duke in 1418. This results in the contradiction between the term sieve-hardened contamination and the naming of nine hardened stones. Sylt and Osterharde Föhr had a special status, because they only converted to Duke Heinrich IV after King Sigismund's arbitration on June 28, 1424, while Westerland Föhr remained Danish. The ongoing dispute could only be settled in the Peace of Vordingborg in 1435 . Sylt and the Osterharde Föhr did not belong to the association of the seven Harden, which were united under this name. However, Lundenbergharde and Edomsharde belonged to this association. The Flensburg merchant and later mayor Magnus Hayessen also took part in the deliberations as a representative for Duke Heinrich IV .

In the original of a manuscript from the 17th century it says literally about the composition of the assembled and their intentions:

In the jare na Gades born 1426 des mandages na sünte Vith, do weren tho hope came in the Osterharde tho Föhre in sünte Nicolaus karcken de söven harde, alse Pillwormingharde, Belltringharde, Wrykesharde, Osterharde Föhr, Sildt, Horsbullharde, Bockingharde; darmede weren by ettlicke frame lüde uth Edemsharde and Lundenborgingheharde; ock what dar jegenwardig Mangnes Haisen van our gracious gentlemen because of hertogh Hinrich tho Schleßwig. These were given by one, bewilligeden and beleveden, dat se by ehren olden land rights, bliven wolden and nenerleye never accepted land rights, and a del eres olden was rightly printed, as hierna shouted in special articles.

Sources

An original of the Siebenharden siege from 1426 does not exist. However, the land law of 1558 and the Nordstrander land law of 1572 have adopted the regulations of the arbitration almost unchanged. Manuscripts that were first made towards the end of the 16th century are also preserved and archived. The Kiel lawyer Max Pappenheim names a total of twelve manuscripts in his celebratory publication, five of which are kept in the library of the Christian Albrechts University in Kiel and seven in the Danish Royal Library in Copenhagen. The majority of these twelve documents come from the 17th and 18th centuries.

Legal norms

In 1426 - out of the prevailing political situation - the siebenharden siege and the crown of the right truth of the three countries in Eiderstedt came about at the same time : in the documents parts of the law inherited from the ancestors and established by way of autonomy were recorded. With these legal records, the administrative districts wanted to document their independence from the offices and Harden in Schleswig as well as from the Jutian law applicable in Denmark . However, the Harden have by no means contemplated making a full assessment of their rights. The part of their old law that the Harden wanted to retain does not affect all areas of law either, but the popular one concentrates on norms in criminal , property and inheritance law , which are divided into a total of 23 articles.

Criminal law

In this area, blood revenge is confirmed in Article 3 as a valid law that can be inherited. This even gives rise to an inheritable claim to have the right to blood vengeance replaced by the payment of Wergeld . The amount of Wergeld is regulated, for example, in Article 7; he calls the sum of 24 pounds English for a dishonest ( unerlick ) manslaughter. In the Frisians' sense of justice at the time, a manslaughter after a reconciliation was considered particularly dishonorable, which the East Frisians recorded in their Upstalsbom laws of 1323.

The five-hares siege of 1518 and the Nordstrander land law of 1572 eliminated the customary feuding law , which came from the early Middle Ages .

House peace and plow peace are protected in Article 6. His first sentence shows that those gathered on Föhr wanted consensus on the one hand and, on the other hand, tie in with the law of their ancestors in this agreement:

Item so sin wy become one, dat wy husfrede and plochfrede sake holden, alse our oldern before gedhaen lift, by live and by gude. ( Likewise , we have become one that we want to keep the peace of the house and the peace of the plow than our ancients did before, in life and in property.)

A breach of peace resulted in the perpetrator being punished for lack of peace . The fearfulness of this punishment consisted above all in the fact that the outlaw could not find shelter and no protection, because the favoritism was also threatened with lack of peace. In Art. 8 - and with it the criminal law norms end - the execution of the offense with a prohibited weapon, for example with a dagger , results in a doubling of the penalty.

Property law

Art. 9 excludes the right to the wreck after a ship is stranded : the owner can claim back the shipwreck and its cargo in full. This legal norm grants neither the Danish king nor the Duke of Schleswig the otherwise usual beach right ( jus litoris ). The Siebenharden also renounce exercising their beach rights for themselves. Pappenheim sees this waiver as well as the diminution of manorial rights as a special form of sovereignty that the Siebenharden could exercise. In contrast to this is the Eiderstedter popularity of 1444, which regulates the distribution of the beach property between the duke and the finder and leaves the owner without rights in his claim.

The first sentence of Art. 10 shows the case, which is rare for a legal record, of reproducing prosaically formulated proverbs :

De dar wants land of Kopen, de schall lude ropen;
de dar will land, de sound lude bark;
Landprank throws a fort,
landkop hefft a rebuke.
(He wants to buy land, he should shout out loud;
he who wants to sell land should bark loudly;
Landprang has a continuation,
Land purchase has a return.)

With the first and second lines the Siebenharden defended themselves against the so-called Kammerkauf; They wanted to create a public for the trade in real estate , as it is mandatory in the centuries after the popularization in Germany by the notarial certification according to the civil code and the land register order. The third and fourth lines are then not directly related to the first two lines.
With the third line, the Siebenharden defended themselves against a sovereign restriction of trade in goods and goods in the country, the so-called Landprang: The second part of this word is related to the verbs prangen and splinter ; they mean flaunt, show . As a tax source of income for the Danish royal family and for the duke, trade should take place predominantly in the cities and not in the countryside.
The fourth and last line opens up the possibility that a land purchase is not irrevocable, but can also be reversed. Such a case can arise, for example, if persons entitled to inherit assert their right of first refusal against a concluded sales contract.

The other contents of Art. 10 and Art. 11 relate to regulations after a completed property transaction ( exchange or purchase ) between a bona fide purchaser and the owner who had no knowledge of the legal transaction.

Inheritance law

Starting with Art. 12 and ending with Art. 23, the last article of Siebenhardenbelichtung, regulations under inheritance law are recorded. In this context, the legal historical fact is significant that the popular choice does not mention the legal institution of the will . Max Pappenheim therefore came to the conclusion that the testator's freedom of disposal was unknown. The will will only be mentioned in the Nordstrander Landrecht, almost one hundred and fifty years later. At the time of the Siebenharden sieben, the North Frisian clan had such a strong cohesion that individual dispositions of death ways were not yet conceivable. Rather, the Siebenhardenbeligung affirms the succession of the relatives , which weakened the position of the spouse .

The siebenhardenbelichtung had the main purpose to secure the old Frisian law by identification and recording against foreign influences. Inheritance law in particular pursued this goal particularly emphatically in order to ward off the influence of Jutian law.

Validity period

By adopting the Siebenhardenbelichtung in the Nordstrander Landrecht of 1572, their legal norms were given a period of validity that went far beyond the autonomy of the seven Harden involved. It was only with the entry into force of the German Civil Code ( BGB ) on January 1, 1900, that the Nordstrander land law and thus indirectly also the Siebenhardenbelichtung lost its validity. Max Pappenheim writes about this:

The tenacity with which private law is able to withstand the changing times has continued to work in favor of the old Frisian land law. In the guise of the Nordstrander land law, the core of the Siebenharden siege up to the present day has endured all the great political and constitutional upheavals that have affected the Siebenharden area, which has been reduced in size by the violence of the elements, over time.

See also

literature

  • Karl Freiherr von Richthofen : Frisian legal sources . Nicolaische Buchhandlung, Berlin 1840, pp. 578-582. (on-line)
  • Max Pappenheim: The Siebenhardenbelieben from June 17, 1426. Festschrift for the five hundredth anniversary . Verlag Kunstgewerbemuseum, Flensburg 1926.
  • Werner Carstens: On the genesis of the North Frisian "Siebenhardenbeläge" and the Eiderstedter "Crown of Right Truth" from 1426 . In: Journal of the Society for Schleswig-Holstein History . tape 65 , 1937, ISSN  0072-4254 , pp. 368–378 ( uni-hamburg.de [accessed March 6, 2017]).
  • Otto Kähler : The siege of the Siebenharden . In: Yearbook of the North Frisian Association for Local Lore and Home Love . tape 27 , 1949, DNB  012187720 , p. 54-60 .
  • Isabella Löw: The Eiderstedter land rights from 1426 to 1591. Legal history, legal change and legal relationships . Nordfriisk Instituut , Bräist / Bredstedt 2003, ISBN 3-88007-301-5 .

Web links

  • K. Frhr. v. Richthofen: Siebenharden sieben. (PDF; 55.4 MB) In: Frisian legal sources. Tresoar Fries Historisch en Letterkundig Centrum, pp. 578-582 , accessed on July 6, 2011 .

Individual evidence

  1. ↑ Duden: The dictionary of origin . Lemma at will. Mannheim 2007.
  2. ↑ Max Pappenheim: Die Siebenhardenbelieben from June 17, 1426. Festschrift for the five hundredth anniversary . Verlag Kunstgewerbemuseum, Flensburg 1926, p. 5.
  3. ^ Society for Flensburg City History (ed.): Flensburg in history and present . Flensburg 1972, p. 296f.
  4. ↑ Max Pappenheim: Die Siebenhardenbelieben from June 17, 1426. Festschrift for the five hundredth anniversary . Verlag Kunstgewerbemuseum, Flensburg 1926, p. 7.
  5. ^ Palle Lauring: History of Denmark . Wachholtz, Neumünster 1964, p. 101.
  6. ↑ Jan Kempe: On the origin and early development of Husum. In: Contributions to the history of the city of Husum. Issue 1/1988, p. 8 husumer-stadtgeschichte.de (accessed on May 30, 2011; PDF file; 1006 kB)
  7. ↑ Calendar calculation . Thomas Melchert, accessed June 17, 2011 . The day of the week is also mentioned by Max Pappenheim.
  8. ↑ Max Pappenheim: Die Siebenhardenbelieben from June 17, 1426. Festschrift for the five hundredth anniversary . Verlag Kunstgewerbemuseum, Flensburg 1926, p. 3f. (First spelling according to document.)
  9. ↑ Jan Kempe: On the origin and early development of Husum. P. 8.
  10. ↑ a b c Kiel University Library SH 473 4 °. Collected volume entitled "Fresischerechte" pp. 25–38. Quoted from Max Pappenheim: Die Siebenhardenbelieben from June 17, 1426. Festschrift for the five hundredth anniversary . Verlag Kunstgewerbemuseum, Flensburg 1926, pp. 67–76.
  11. ↑ Max Pappenheim: Die Siebenhardenbelieben from June 17, 1426. Festschrift for the five hundredth anniversary . Verlag Kunstgewerbemuseum, Flensburg 1926, p. 11 u. 65f.
  12. ↑ Max Pappenheim: Die Siebenhardenbelieben from June 17, 1426. Festschrift for the five hundredth anniversary . Verlag Kunstgewerbemuseum, Flensburg 1926, p. 7 u. 17th
  13. ↑ Max Pappenheim: Die Siebenhardenbelieben from June 17, 1426. Festschrift for the five hundredth anniversary . Verlag Kunstgewerbemuseum, Flensburg 1926, p. 18f.
  14. ↑ Heinz Sandelmann: law and place in the national life of Bökingharde . Nordfriisk Instituut , Bräist / Bredstedt 1994, p. 26.
  15. ↑ Max Pappenheim: Die Siebenhardenbelieben from June 17, 1426. Festschrift for the five hundredth anniversary . Verlag Kunstgewerbemuseum, Flensburg 1926, p. 23.
  16. ↑ Max Pappenheim: Die Siebenhardenbelieben from June 17, 1426. Festschrift for the five hundredth anniversary . Verlag Kunstgewerbemuseum, Flensburg 1926, p. 16 u. 24.
  17. ↑ Isabella Löw: The Eiderstedter Landrechte from 1426 to 1591. Legal history, legal change and legal relationships . Nordfriisk Instituut, Bräist / Bredstedt 2003, p. 37.
  18. ↑ a b c Max Pappenheim: Die Siebenhardenbelichtung from June 17, 1426. Festschrift for the five hundredth anniversary . Verlag Kunstgewerbemuseum, Flensburg 1926, pp. 24–26.
  19. ↑ Duden: dictionary of origin . Mannheim 2007, lemmas shine and pomp.
  20. ↑ Max Pappenheim: Die Siebenhardenbelieben from June 17, 1426. Festschrift for the five hundredth anniversary . Verlag Kunstgewerbemuseum, Flensburg 1926, p. 31.
  21. ↑ Max Pappenheim: Die Siebenhardenbelieben from June 17, 1426. Festschrift for the five hundredth anniversary . Verlag Kunstgewerbemuseum, Flensburg 1926, p. 39.
  22. ↑ Max Pappenheim: Die Siebenhardenbelieben from June 17, 1426. Festschrift for the five hundredth anniversary . Verlag Kunstgewerbemuseum, Flensburg 1926, p. 41.