Hanseatic process

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Hanserezess (also Hanserecess ) refers to the decision, which on a Hansetag by representatives of the Hanseatic cities was agreed. The term "Hanseatic Process" was also transferred to the protocol of the decision on a Hanseatic day.

The resolutions passed at the Hanseatic Days in the years from 1356 to 1669 were each recorded in a resolution protocol, the "Hanseatic Process".

For the Hanseatic historical research the problem arises with regard to the sources that the Hanseatic Trials and the associated documents are only published up to and including 1537.

etymology

The German word Rezess is derived from the Latin root verb cedere meaning to go along, to give way, to give . The words process and recession , for example, also refer to this verb . In the true sense of re-cedere , a recess is therefore a retreat and, in the legal sense, a comparison .

The origin of the Latin word recessus is also mentioned, which is translated as farewell in relation to a Hanseatic League.

shape

The recesses were of an official nature, but no guidelines or regulations have been handed down for the preparation of a Hanseatic process. The recess was ceremoniously read out at the end of a Hanseatic League and then copies on parchment were distributed to the participants and foreign members of the Hanseatic League. There were also copies - at their expense - for the Hansekontore , so that today a large number of reviews issued by the city of Lübeck as a suburb of the Hanseatic League are in other city archives.

However, because the Hanseatic League itself was not a legal entity and also did not have a seal, the resolutions documented by the recesses then required confirmation by the respective city ​​council of the member cities with the seal.

Will formation

The mayor of the host city took over the management of a Hanseatic day . He gave the floor to the council messengers , formulated an opinion capable of reaching a consensus from the discussions and dictated it to the council clerk for inclusion in the recess.

The council messengers gathered at a Hanseatic convention did not have a quorum vote , but the formation of wills took place in consensus . The decision-making process of the Hanseatic cities took place in the trust of the expertise of the Ratsendbote, who would find an optimal solution in any case. An identity of the particular will in the common will should be achieved. In the process of finding a consensus, silence was taken as approval.

A recess found in this way was finally read to the congregation. If individual council messengers contradicted the protocol, it could be rewritten again. So it was a matter of a principle of (relative) unanimity, not entirely free of the unrecognizable mental reservations of the council broadcasters of the participating cities and with a large scope of diplomatic negotiating power.

The silence as consent lives on in German commercial law in the case law on the commercial letter of confirmation and in the warranty law of commercial sales of the German HGB in the case of unrepentant acceptance as an element of legal certainty .

documentation

The historical commission at the Bavarian Academy of Sciences in Munich began documenting the Hanseatic trials in 1870 . After its establishment in 1871, the Hanseatic History Association took over the publication of the Hanseatic Trials in three departments with the following editors:

  1. Department: Karl Koppmann (8 volumes)
  2. Department: Goswin von der Ropp (7 volumes)
  3. Department: Dietrich Schäfer (9 volumes).

A total of 24 volumes were published from 1870 to 1913 by Duncker & Humblot in Leipzig. The volumes are available online as digital copies at the Hanseatic History Association.

See also

literature

  • Joachim Deeters: Hansische Rezesse. A source study based on the tradition in the historical archive of the city of Cologne. In: Rolf Hammel-Kiesow (Ed.): The memory of the Hanseatic city of Lübeck. Schmidt-Römhild , Lübeck 2005, pp. 427-446 ISBN 3-7950-5555-5
  • Rolf Hammel-Kiesow : Hanseatic League . 3rd updated edition, Beck, Munich 2004, ISBN 3-406-44731-7
  • Angela Huang / Ulla Kypta: A new house on an old foundation. New trends in Hanseatic research and the usability of the recession. In: Hansische Geschichtsblätter. 129. 2011, pp. 213-229
  • Ernst Pitz : Citizenship and City Unification. Studies on the constitutional history of the Hanseatic cities and the German Hanseatic League. Böhlau, Cologne 2001, ISBN 3-412-11500-2
  • Johannes Ludwig Schipmann: Political Communication in the Hanseatic League (1550−1631). Hanseatic days and Westphalian cities. Dissertation with Heinz Duchhardt , University of Münster. Böhlau, Cologne 2004
  • Dietrich Schäfer on behalf of the Hanseatic History Association (Hrsg.): Hanserecesse from 1477-1530.
    • Fourth volume 1525-1530. Duncker & Humblot, Leipzig 1890

Web links

Individual evidence

  1. ^ The Recess and other files of the Hanseatic Days from 1256 - 1430, Volume 1 (Hanseatic Days from 1256 - 1370), Duncker & Humblot, Leipzig 1870 (digitized: State and University Library Hamburg)
  2. ^ Rolf Hammel-Kiesow : Hanse . Beck, Munich 2004, p. 64f.
  3. ^ Rolf Hammel-Kiesow: Hanse . Beck, Munich 2004, p. 18.
  4. ↑ Duden: The dictionary of origin. Etymology of the German language. Mannheim 2007, Lemmata Process and Recession.
  5. ↑ Duden: The foreign dictionary. Mannheim 2007, Lemma Rezess.
  6. ↑ a b Werner Kloos : Bremer Lexikon. Hauschild, Bremen 1980, Lemma Hanse-Rezesse.
  7. ^ A b Rolf Hammel-Kiesow: Hanse . Beck, Munich 2004, p. 73.