Heinrich Giesebert

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Heinrich Giesebert engraved by Dirk Dirickssen Hamburg

Heinrich Giesebert , also Giesbert or Giesebertus (* 1604 in Demmin ; † after 1677 in Fedderingen , then as an exclave belonging to Süderdithmarschen ) was a German lawyer .

life and work

After studying for a long time, probably at the University of Greifswald , Giesebert, who apparently had grown up in Lübeck , lived on his country estate in Fedderingen from 1656. From 1652 he published a large-scale study on Dithmarsch land law under the title: Periculum statutorum harmoniae practicae , in which he sought to prove the compatibility of this particular law with both divine natural law and Roman law . He dedicated the first volume to the ambassadors of the Hanseatic Congress in Lübeck in 1651. To Giesebert's grief, the meeting did not bring the success he had hoped for in restoring the unity of Dithmarschen, which was lost in 1559 as a result of the Last Feud , and his special rights codified in land law.

At the same time Giesebert worked on Justinianus Harmonicus exhibens introductionem ad jurisprud. hod. occasione et ordine imperialium institutionum. The work was again published in Lübeck in four volumes; The first book is dedicated to Duke Christian Albrecht , the founder of Kiel University and at the same time to all law professors in Germany, the second part only to the professors, the third to several Kiel officials, the fourth to the chamber president Johann Adolph Kielmann von Kielmannsegg .

A third work by Giesebert is his Deuteronomium harmonicum exhibens prudentiam juris divini Israelitarum communibus gentium legibus et specialibus populorum , which was published in Hamburg in 1677. The work is dedicated to the Danish King Christian V , whose protection Giesebert implores. He owes his salvation and that of his fortune to his grandfather and father. A fourth paper on fines also appeared in Hamburg in 1677. Giesebert had all of these writings printed at his own expense.

Gottfried Wilhelm Leibniz was very impressed by Giesebert's first work Pericula statutorum , as he wrote to him in 1671 and asked him to write an introduction to the various statutes or particular rights in Germany. Leibniz also mentions his own plan to reduce Roman law to certain principles. Otherwise , with the exception of the law faculty of the University of Greifswald and a few contemporaries like Benedikt Carpzov the Younger , Giesebert hardly received any approval for his plan to collect a Jus Universale ( Latin: universal law ) from old and new rules .

The Schleswig-Holstein legal scholar Johann Carl Heinrich Dreyer , who also came from Mecklenburg, stood against Giesebert's approaches in the following century as an avowed German lawyer. He considered his work on Dithmarschen's land law “a most miserable smear” and described reading Giesebert's works as “penal labor for poor legal sinners” .

Family origin

Fedderingen around 1780

According to local tradition in Fedderingen ( Low German: Fallern ) he is the son of the legendary Johannamudder ut Fallern , who was probably a very wealthy woman of Russian descent in the first half of the 17th century (all the rooms in her house were with species , i.e. old Danish silver money interpreted) because of their extraordinary charity in the highest regard ("lavish charity"). In Fedderingen she is said to have heard the story of the golden ring that she threw into the Eider : "As certain as I will never get this ring again, so certain I will not get poor either". The ring is said to have been found while cutting up a fish she had bought.

Works

  • Periculum Statutorum Harmoniae Practicae: Praesentia Saxonum aliave Contermina Mari Balthico cum antiquis Teutonum statutis eatenus hoc confert, ut quae processus rationem spectant passim graduate, quomodove Maiores nostri, rudes adhuc Romanarum literarumius, unice velin, certibus & regi quibus. Quibus , plenius, fere in terminis, ut loquimur, primo die statim singulas & omnes lites decidere potuerint; inde Romanorum leges Rebusp. nostris accommodatae sint & accommodandae declarare incipiat & c. Naumannus, Lübeck and Hamburg 1652.
  • Iustinianus Harmonicus Romano-Germanicus: Exhibens introductionum ad iurisprudentiam hodiernam Teutonico-Romanam; Harmoniam, videlicet, Statutorum Praecipuorum praesentium Magnae Germaniae, & antiquorum Teutonum Morum, & Israëlitarum, & Romanorum, aliarumque Gentium legum, Occasione & ordine Imperialium Institutionum iuris Romani perpetua analysi Theorice & practice propositarum & collatarum compositum; Notetur eo directum esse tractatum, ut in scholis & foro versantibus usui esse possit ... Jegerus, Lubecae 1665
  • Deuteronomium Harmonicum: Exhibens Prudentiam Iuris Divini Israelitarum Communibus Gentium Legibus & Specialibus Populorum plurium Antiquis & Modernis Moraliter & Historice illustratum ... Hamburgi 1677
  • Concerning fines that cannot be grasped / Whether with a clear conscience / Keeping the necessary discipline / and laudable government / Sin with money Abnam can be tightened and atone ?: Which incorporates an explanatory discourse about Mr. Ahasveri Fritschii , d. of forbidden excessive fines printed in Jena / Anno 1674. How it was and could be achieved with the investigation of the causes of today's Babylonian confusion among the Christians / and why with us not so good and better policey / peace / and security / then under Türcken and Heyden / are obtained / declared safe. Wettstein, Lübeck 1677.

literature

Web links

Individual evidence

  1. See his publications there (disputations) 1626 and 1633 in VD 17.
  2. In Johann Heinrich Zedler Grosses vollständiges Universal-Lexicon is he Lübeckischer J [uris] C [onsul] tus called
  3. Giesebertus, (Henr.). In: Johann Heinrich Zedler : Large complete universal lexicon of all sciences and arts . Volume 10, Leipzig 1735, column 1450.
  4. Henning Ratjen (1861), pp. 90ff.
  5. dithmarschen-wiki.de