Crown of Right Truth

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The Crown of Right Truth from 1426 is a popular choice , in which legal norms for the Frisian tri-country are recorded.

etymology

Like the Siebenharden sieben recorded in the same year, the Crown of the Right Truth - without an express mention - is also a popular one, in which legal norms were recorded in Low German . The word is a noun of the verb belieben , which was created in the 16th century by forming a prefix from the verb liebe . To like has the meaning of liking .
The designation crown of right truth is at the same time its program: The word crown should stand for the highest and the best; the adjective right means the real and just of a truth .

history

The political starting point was identical to the situation in the Sieben Harden . In particular, the decision of the German Emperor Sigismund on June 28, 1424 gave the opportunity to secure Frisian law with the help of the Crown of Right Truth. Because through the imperial arbitration the Duchy of Schleswig including the Uthlande should belong to the Kingdom of Denmark . This would mean that Jutian law would apply to the inhabitants of the three countries. However, after the armed conflicts between Denmark and the Holstein, the so-called King Friesians were subordinate to the Holstein Count Heinrich IV at the time of the records . The Dithmarschers' claims to rule made the situation even more complicated.

Sources

Karl Freiherr von Richthofen has compiled a collection of Frisian law, which appeared in Berlin in 1840 and which also includes the Crown of Right Truth and its additions. Richthofen names as his sources:

  1. Carl Henrich Dreyer's collection of mixed papers , Rostock and Wismar 1763;
  2. Niels Nikolaus Falck's Handbook of Schleswig-Holstein Private Law , Altona 1825–1848;
  3. Peter Sax 's description of the state of Eiderstedt, which the Schleswig-Holstein historian wrote in 1637.

In the note, Richthofen points out that the author Dreyer had the handwritten copies of Peter Sax, but they were incomplete. Dreyer obtained the necessary additions from other handwritten originals.

Field of law

The popular crown of the right truth recorded legal norms that should apply in a social system for a certain region - here the tri-countries. In 1426 the territory included the Harden Utholm , Everschop and Eiderstede. In the preamble it says literally:

Hir schaltu hear and see the crown of the right truth, when a right wilkörtes right is in Eidersted, Euerschop and Vtholm, vnse voroldern hebben dith na denote right vns an beeruet van natiden an alse dat dith land is only struck (... )

Legal character

Because there are no other written sources for the years prior to the recording of the Crown of Right Truth, the exact origin of the legal norms cannot be determined with hindsight. In any case, there is a self-imposed law in which the character of a customary law remains recognizable. Isabella Löw writes about the basic legal character of a favorite:

In general, arbitrations are counted among the independent records of territorial law, which developed in regions that were only slightly characterized by the exercise of sovereign power, such as (West) Friesland, Dithmarschen or North Frisia, whereby the arbitrations represent legal records and statutes, which in the way of the popular self-legislation had emerged.

After the crown of the right truth was created in 1426 by the oldest and klogest lüde (oldest and cleverest people) of the three countries, updates and additions followed in 1429, 1432, 1444, 1446 and 1466. Usually the Beliebungen were on the Dingstätte Hamygenhoren ( Hemminghörn ) near the village of Katharinenheerd decided.

Legal norms

The Crown of Right Truth contains 25 articles of inheritance law, the aim of which was to prevent inheritance disputes between members of the clans as much as possible. Compared to the siege of Siebenharden, Eiderstedt was also about defending against foreign law. Furthermore, there are criminal and property law provisions.

literature

See also

Web links

Individual evidence

  1. ↑ Duden: The dictionary of origin . Lemma at will. Mannheim 2007.
  2. ↑ Isabella Löw: The Eiderstedter Landrechte from 1426 to 1591. Legal history, legal change and legal relationships . Nordfriisk Instituut, Bräist / Bredstedt 2003, p. 3 u. 23.
  3. ↑ Isabella Löw: The Eiderstedter Landrechte from 1426 to 1591. Legal history, legal change and legal relationships . Nordfriisk Instituut, Bräist / Bredstedt 2003, pp. 17-19.
  4. ^ Karl Freiherr von Richthofen: Frisian legal sources . Nicolaische Buchhandlung, Berlin 1840, pp. 561–568.
  5. ^ A b Karl Freiherr von Richthofen: Frisian legal sources . Nicolaische Buchhandlung, Berlin 1840, p. 561.
  6. ↑ Isabella Löw: The Eiderstedter Landrechte from 1426 to 1591. Legal history, legal change and legal relationships . Nordfriisk Instituut, Bräist / Bredstedt 2003, p. 1.
  7. ↑ a b Isabella Löw: The Eiderstedter Landrechte from 1426 to 1591. Legal history, legal change and legal relationships . Nordfriisk Instituut, Bräist / Bredstedt 2003, p. 25.
  8. ↑ Isabella Löw: The Eiderstedter Landrechte from 1426 to 1591. Legal history, legal change and legal relationships . Nordfriisk Instituut, Bräist / Bredstedt 2003, pp. 28–39.