Hans Kohlhase

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Hans Kohlhase, copper engraving from the 19th century
Memorial plaque on Königsweg 313, in Berlin-Nikolassee

Hans Kohlhase (* around 1500 in Tempelberg near Müncheberg ; † March 22, 1540 (executed) in Berlin ) was a citizen and merchant in Cölln on the Spree (now part of Berlin). In 1532, according to his account, he was illegally harassed and financially damaged by a local ruler in the Electorate of Saxony . After the failure of the judicial process, he led a feud against Saxony from 1534 to 1540 in pursuit of reparation . The conflict preoccupied the electors of Saxony and Brandenburg and the reformer Martin Luther . Eventually Kohlhase was executed for it. His life was the model for Heinrich von Kleist's novella Michael Kohlhaas .

In the historical files available, Kohlhase's name is spelled inconsistently; variants such as Hanns, Kolhase, Kholhase, Kolhaze and Kohlhas appear occasionally.

Legal historical background

The feud of Hans Kohlhase came at a time of significant changes in the legal system of the Holy Roman Empire . With the proclamation of the Eternal Peace in 1495, the exercise of medieval feudal rights, which granted a plaintiff the possibility of using force under certain conditions, was forbidden for an indefinite period. Imperial laws such as the Constitutio Criminalis Carolina contributed to the development of the state monopoly on the use of force, through which criminal matters were increasingly withdrawn from private law. However, it took a few more decades and required numerous and several times renewed rulings for the feuds to actually disappear. Fugitives were now generally guilty of breaching the peace and could be convicted accordingly, but their actions were still assessed according to the provisions of the right to feud. Even Carolina , issued in 1532 , still contained relevant regulations.

Chronology of the feud

Hans Kohlhase came from a widespread family of craftsmen of blacksmiths and cloth makers. Since 1530 he had the citizenship of Cölln. He was considered a righteous and honest and - as evidenced by the Cölln Citizens' Books - as a thoroughly wealthy businessman. Kohlhase was married and had a son and two daughters with his wife Margaretha. The news about the triggering event, the course and occurrences of the Kohlhase feud is confused, so that it is not possible to determine in detail what actually happened and what Kohlhase was actually responsible for.

1532

On October 1st, 1532 Kohlhase was on his way from Cölln to Leipzig to visit the Michaelismarkt there. While his goods went via Eilenburg and crossed the river Mulde there , Kohlhase, alone and only leading a second horse, used the river crossing at Düben . During a rest in the village of Wellaune , the lonely rider clashed with some subjects of the landlord Günther von Zaschwitz , who suspected him of horse theft and withheld the two horses.

Complete clarity cannot be gained about the course of the initial dispute at the Gasthof von Wellaune, since only statements from the conflicting parties are available and one statement is against one statement. In the literature there is no lack of speculation about the motives and moods of those involved. With regard to the facts, however, the authors mainly rely on two documents that were written a considerable time after the events, namely Hans Kohlhase's feudal letter of March 1534 and a written reply from Junker von Zaschwitz in May 1534.

Kohlhase stated that von Zaschwitz's people had forcibly stolen two horses from him on the “princely free road” on the orders of their master and accused him of stealing them. They did not respond to his justifications and the offer that someone should accompany him to Leipzig at his own expense, where he could present credible witnesses of his honesty, so that he had to continue on foot.

According to von Zaschwitz's account, his people, among them the local judge , questioned the stranger in an appropriate manner, because his behavior appeared suspicious to them. Kohlhase refused to give the information, picked up the knife, hit one of the people in the face with his hand, and finally fled leaving the horses behind.

In Leipzig, Kohlhase obtained a letter of recommendation that attested to his identity and integrity. With that he turned to the bailiff von Bitterfeld , who thereupon v. Zaschwitz asked in writing to return the horses. On the journey home after the end of the market days, Kohlhase himself went to the Junker, but they asked for the reimbursement of the feed costs of five to six groschen . When Kohlhase refused, the horses were not given to him.

1533

Back in Cölln, Kohlhase asked Elector Joachim I of Brandenburg to mediate, who in turn turned to Elector Johann Friedrich I of Saxony , in whose territory the Zaschwitz estate was located. On May 13, 1533, the matter came up at a legal day at Düben Castle . Kohlhase and his legal adviser demanded that the allegations of theft be withdrawn, that double the value of the horses be reimbursed, and that 150 guilders be reimbursed for the damage suffered by late arrival in Leipzig. Von Zaschwitz rejected the demands and continued to insist on the payment of the feed money, which had meanwhile grown to 12 guilders. Kohlhase agreed to this and got his horses back, but they were in such bad condition that one of them died the following day. This put the matter in limbo again, because Kohlhase did not pay, and von Zaschwitz took this as an opportunity to refuse to negotiate any further. The responsible bailiff, Hans von Metzsch , succeeded in persuading Kohlhase to reduce his claim to four guilders, but not in persuading the Junker to compromise.

1534

The “entire state of Saxony” after the division of Leipzig in 1485: the Ernestine territories are in red, the Albertine territories in yellow.
From 1482 to 1547 the electoral dignity lay with the Ernestine line.

In February 1534, after another unsuccessful visit to the governor, Kohlhase apparently saw the legal process as hopeless and thus one of the traditional prerequisites for a feud as a given, whereupon he circulated a feud against the Junker von Zaschwitz and the “entire state of Saxony” . Although initially no acts of violence could be proven, the Electorate of Saxony immediately responded to the breach of the peace with a manhunt and turned to the Brandenburg elector for legal assistance. His answer was dismissive: Kohlhase had given up his citizenship and business in Cölln, nothing was known about his stay, and there was no obligation for Brandenburg to pursue him.

Under pressure from the cities and manors in northern Saxony, which would have been affected first and most by the feud, negotiations were resumed with Kohlhase, mediated by the noble Eustachius von Schlieben, who lived in the border area . Kohlhase was given safe conduct for a legal day set in Jüterbog at the beginning of December 1534 on the condition that he could relieve himself of the suspicion of being responsible for several fires that had occurred in Wittenberg in April by taking an oath of cleaning . Kohlhase took the required oath, but the positions of the parties, each supported by several legal representatives, were contrary. The Saxon elector had previously instructed the court not to agree to any other solution than a court decision. Kohlhase insisted on a private settlement, now with the heirs of Günter von Zaschwitz, who had died a few weeks earlier. When there was no agreement and Kohlhase wanted to demonstratively leave the legal day, the other side gave in and offered 300 guilders in compensation. Kohlhase asserted consequential damage that would ultimately have led to his economic ruin, demanded 1200 guilders and had himself negotiated down to 600 guilders. The farmers, who two years earlier had insulted Kohlhase in a good mood with their suspicions, solemnly withdrew their words. A few days later, however, the elector canceled the contract that had come about against his express order. The manhunt started again, and a reward of 100 thalers was offered for Kohlhase's capture .

At the same time (dated December 8, 1534) Martin Luther wrote a letter to Kohlhase in which he recommended that he refrain from violence:

It “is true that your harm and shame are supposed to hurt you fairly and [add .: you] are guilty of saving and maintaining them, but not with sin or injustice. What is just you will finish justly, says Moses; Injustice is not corrected by other injustice. [...] Whatever you may rightly do, you do well; if you cannot obtain justice, there is no other advice, for injustice suffer. [...] Accordingly, if you desire my advice (as you write), I advise you to accept peace where it can become you, and rather suffer damage to property and honor, because you should continue to take such care ”[ = in such a company / project].

1535

In the following months rumors spread about all kinds of crimes by Kohlhase, committed in Saxony as in Brandenburg, which the Saxon governor doubts in a report to his elector. Kohlhase was only assigned with certainty that on March 14th he and three companions detained some Wittenberg citizens, leaving it at nothing to threats, and on May 26th with eight men robbed and burned the mill at Gömnigk . Eustachius von Schlieben mediated again and achieved that Kohlhase promised to face another court, and Saxony suspended the search until then.

1536

In the meantime a change of government had taken place in Brandenburg, but the new Elector Joachim II showed just as little interest in intervening as his predecessor. Kohlhase now owned a Brandenburg letter of safe conduct dated February 5, 1536.

1537

The setting of the legal day, again in Jüterbog, was delayed despite repeated interventions by Schliebens and Kohlhase's massive threats until mid-1537 and did not result in a new situation: Kohlhase demanded compensation before he was ready to submit to a court decision. Saxony did not accept any payment and indicated that the court would probably not decide on one either.

1538

On a legal day in Zerbst at the beginning of 1538, Saxony again appealed to Brandenburg to arrest Kohlhase and to force legal action. Brandenburg refused again and referred to the letter of safe conduct, which Kohlhase returned at the beginning of July. While testimonies up to this point indicated that Kohlhase was still working as a trader, he was now really getting serious about his feud. He continued to insist on their legality and traditional conventions. First, on July 23, he abducted the Wittenberg merchant Georg Reiche as a hostage. After Kohlhase narrowly escaped capture on August 11, he expected Reiche to voluntarily surrender himself to him again, and described him as perjury and dishonorable when that did not happen. With the landlords of Birkholz, with whom Reiche had found shelter, he corresponded unsuccessfully for some time about their extradition and finally announced the feud to them as well.

Brandenburg now allowed the Saxon judiciary to become active on Brandenburg territory. Traveling Saxon courts soon appeared and made arrests, tortures and executions in numerous places. Gradually, a total of more than 300 people were suspected of complicity with Kohlhase and around 30 to 40 were executed. Kohlhase was meanwhile with usually no more than three to five companions, extorted ransom, plundered, started fires and committed acts of revenge for arrested or killed comrades-in-arms. The news situation remained confused, so that it was not always possible to determine with certainty for which incidents Kohlhase was actually responsible. One of his most famous actions and at the same time the most extensive one was the sacking of the village of Marzahna on November 7th with 35 men.

1539

At the beginning of January, the Elector of Brandenburg issued a public tender that Saxony should be supported in the persecution of Kohlhase. The resistance of the Brandenburg population against the bloody work of the traveling Saxon courts increased nevertheless. In February, Kohlhase's hostile act against Saxony was reported for the last time: he kidnapped the miller von Stangenhagen and released him in return for a ransom. A letter from the Elector of Saxony to the Count of Barbey is dated June 5, which, among other things, concerns an offer of peace by Kohlhase. A little later Kohlhase's wife turned to the elector with a petition, which also promised that Kohlhase would give in. Towards the end of the year, the related files are broken off.

1540

Probably in February 1540 Kohlhase attacked a silver transport of the Elector of Brandenburg. With this act, the scene of which the chroniclers located at the Kohlhasenbrück settlement that was later named after him (Berlin district of Wannsee on today's Teltow Canal ), he had for the first time turned directly against his own sovereign. He reacted quickly and energetically. Shortly afterwards, when Kohlhase and his closest confidante Nagelschmidt were staying with relatives in Berlin, they were tracked down and seized by Joachim's captors . The interrogations revealed, among other things, that Kohlhase had made contact with the court of Braunschweig-Wolfenbüttel in order to obtain the right of residence and tolerance there, and that he even planned to kidnap the Margrave (i.e. the Elector of Brandenburg) and take him to Braunschweig.

On March 22, 1540 the trial of Kohlhase and other inmates took place. The chronicler Hafftitz reports that Kohlhase defended himself in a three-hour speech and insisted on the legality of his actions. Although a Saxon prosecutor was also admitted, the Saxon side only got partial insight into the investigation. Ultimately, Kohlhase was sentenced to death and executed on the Rabenstein near the Georgentor (today Strausberger Platz ) in Berlin. Because of which offenses, and whether by wheels , as Hafftitz claims, by sword or in some other way, is unknown, since the trial files are lost.

Aftermath

In the 19th century Heinrich von Kleist processed the story of Hans Kohlhase in his novella Michael Kohlhaas and thus shaped the perception of the case over the next century to the present. However, his work does not provide an authentic description of the events, and the original files were only partially publicly known at the time.

The Kohlhase story was adapted and filmed by various authors, primarily conveyed through Kleist's novella. It gave a variety of reasons to discuss the problem of law-justice-self-help in a legal and socially critical way.

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Original documents

Secondary literature

  • Corinna Bethke: Up to the Judgment Seat of God: The Feud of Hans Kohlhase , novel, 3rd edition, Ludwigslust 2014, ISBN 978-1503280748 and Kindle e-book
  • Albrecht Beutel: Luther and Kolhase. A case study on the reformer's cura conscientiae ; in: Luther 73, Göttingen 2002, pp. 119–140.
  • CAH Burkhardt: The historical Hans Kohlhase and Heinrich von Kleist's Michael Kohlhaas . Leipzig 1864. Burkhardt was an archivist and discovered the Kohlhase investigation files in Weimar. His report is quite short at around 60 pages. ( on Google Books)
  • Malte Dießelhorst, Arne Duncker: Hans Kohlhase. The story of a feud in Saxony and Brandenburg at the time of the Reformation . Frankfurt / Main u. a. 1999. The original Kohlhase files are reproduced on pp. 171–424 and commented on in detail. On p. 511–560 the list of names and places of the Kohlhase feud.
  • Dietmar Langberg: Hans Kohlhase - a righteous murder burner ; Play, Schwerin / Flensburg 2002/2007
  • Christoph Müller-Tragin: The feud of Hans Kolhase . Legal dissertation Zurich 1997.
  • Rochus von Liliencron :  Kohlhase, Hans . In: Allgemeine Deutsche Biographie (ADB). Volume 16, Duncker & Humblot, Leipzig 1882, pp. 448-450.
  • Kurt Neheimer : The man who became Michael Kohlhaas. Heinrich von Kleist. Michael Kohlhaas . Book publisher der Morgen, Berlin 1979; at the same time under the title The man who became Michael Kohlhaas. A historical report . Diederichs, Düsseldorf / Cologne 1979. A popular scientific presentation from the political-historical perspective of GDR research at the time. There is no evidence of the files and references used.
  • Christa Radatz: The man from the 16th century . Hans-Kohlhase-Radatz-Verlag. Bad Düben 1995
  • Wolfgang Ribbe:  Kohlhase, Hans. In: New German Biography (NDB). Volume 12, Duncker & Humblot, Berlin 1980, ISBN 3-428-00193-1 , p. 427 f. ( Digitized version ).
  • Horst Sendler: About Michael Kohlhaas - then and now . Berlin / New York 1985
  • Christian Schöttgen , Georg Christoph Kreysig : Diplomatic and curious review of the history of Chur-Saxony (...). Third part ; Dresden, Leipzig 1731. In it: Märkische Chronik des Peter Hafftitz, written around 1600, pp. 528–541 on the feud of Kohlhase.´

Web links

Commons : Hans Kohlhase  - Collection of images, videos and audio files

Remarks

  1. ↑ German title: Embarrassing neck court order of Emperor Charles V.
  2. ↑ This “order” was often based on the intention of posterity to take away their property from strangers passing through like robber barons. In fact, he probably just asked for general attention to be paid to suspicious people.
  3. ↑ As a basis for authorization, von Zaschwitz cites an electoral land order which, although it has not yet been possible to specifically identify it, such decrees were not unusual at the time. Even the Carolina goes to this point about her character as Criminal Procedure addition and recommends that ... eyn each oberkeyt auff the verdechtigen Betler vnnd landtferer also diligently auffsehens have ... should.
  4. ↑ At the Rechtsstag zu Jüterbog in 1534, the Zaschwitz party claimed that Kohlhase had not even lost half a day of time due to the Wellaune incident.
  5. ↑ With this formulation Kohlhase made a mistake, which he later corrected. His feud was directed only against the electorate, but not against the duchy of Saxony.
  6. ↑ In 1547 the electoral dignity passed from the Ernestines to the Albertines. This made the former duchy an electorate and vice versa.
  7. ↑ The Brandenburg elector openly referred to the lack of legal assistance from Saxony when the Saxon knight Nickel von Minckwitz fought a feud in Brandenburg in 1528.
  8. ↑ Although the name Kohlhase is not mentioned in Luther's letter, it is generally assumed that he was the addressee. The question to which the letter apparently answers has not survived. The fact that there was a personal encounter between the two men, as later chronicles report, is doubted in more modern literature.

Individual evidence

  1. ↑ Model for Kleist's novella - The Execution of Hans Kohlhase by Ulrike Rückert in Deutschlandfunk on March 22, 2015, accessed on January 10, 2017
personal data
SURNAME Kohlhase, Hans
ALTERNATIVE NAMES Kolhase, Hanns; Kohlhase, Hans; Kholhase, Hanns; Kholhase, Hans; Kolhaze, Hanns; Kolhaze, Hans
BRIEF DESCRIPTION German businessman; Model for Kleist's "Michael Kohlhaas"
DATE OF BIRTH around 1500
PLACE OF BIRTH near Müncheberg
DATE OF DEATH March 22, 1540
Place of death Berlin