Land peace

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A country peace (or: country peace; Latin constitutio pacis , pax instituta , also pax jurata ) was in medieval law the contractual waiver of those in power in certain regions to use (actually legitimate) force to enforce their own legal claims. This mainly concerned the right of feudal conduct .

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Peace agreements formed the political basis for the realization of the law without the private recourse to violence. They often also regulated jurisdiction and thus enable disputes to be settled through resolutions based on general rules. Violations or threats to the public peace were threatened with embarrassing punishment . Objects or buildings could e.g. B. Churches, houses, mills, farm implements, bridges but above all the imperial roads and people (clergy, pilgrims, merchants, women, also farmers, hunters and fishermen in the exercise of their profession) are placed under protection. The land peace created a kind of martial law and special courts, the land peace courts.

development

The peace movement strived for the continuation of the peace of God since the 11th century . The first Reichslandfriede was created by Heinrich IV. As the so-called First Mainz Reichslandfriede in 1103, after he had already proclaimed the Mainz Peace of God to the church in 1085. In 1152, Frederick I (Barbarossa) proclaimed the Great Land Peace, which was extended to the entire empire. It was an act of the statute and represented a temporary alliance of power.

The two most important Reichslandfrieden (1235 and 1495) were already law-like enactments and had less of an alliance character. Friedrich II ( Mainzer Landfrieden ) proclaimed the Reichslandfrieden in 1235 . For the first time, a Reichslandfrieden was drafted in two languages, i.e. in both Latin and German. It was a constitutional act that was valid throughout the empire. The imperial land peace found its conclusion in the Eternal Land Peace of 1495, with which an unlimited land peace was constituted for the Holy Roman Empire .

In line with the above-described imperial land peace, numerous territorial, regional and local peace alliances emerged from the 13th century and with a focus on the 14th century, the legal bases of which were adapted to local conditions in accordance with the applicable imperial laws. Contractual partners were, depending on the constellation, the imperial city mayors, sovereigns and also prince-bishops . The most famous peace alliances include:

Modern manifestations

To this day, breach of the peace is a criminal offense in Germany ( § 125 StGB), Austria ( § 274 StGB) and Switzerland ( Art. 260 StGB). Maintaining peace - the prohibition of the law of the thumb and vigilante justice - is the basis of every modern legal system in the form of the state monopoly on the use of force .

See also

literature

  • Heinz Angermeier : Kingship and Peace in the German Late Middle Ages. Beck, Munich 1966, DNB 454580797 .
  • Joachim Bumke : Court culture. Literature and Society in the High Middle Ages (= dtv 30170). 11th edition. Deutscher Taschenbuch-Verlag, Munich 2005, ISBN 3-423-30170-8 .
  • Arno Buschmann, Elmar Wadle (ed.): Landfrieden. Claim and Reality (= legal and political science publications of the Görres Society. NF Vol. 98). Schöningh, Paderborn et al. 2002, ISBN 3-506-73399-0 .
  • Mattias G. Fischer: Reich reform and "Eternal land peace". About the development of feuding law in the 15th century up to the absolute prohibition of feuding in 1495 (= studies on German state and legal history. NF, Volume 34). Scientia, Aalen 2007, ISBN 978-3-511-02854-1 (Dissertation University of Göttingen, 2002, 275 pages).
  • Joachim Gernhuber : The peace movement in Germany up to the Mainz Reichslandfrieden of 1235 (= Bonn jurisprudential treatises. H. 44, ZDB -ID 502603-9 ). Röhrscheid, Bonn 1952.
  • André Holenstein: Peace of mind. In: Historical Lexicon of Switzerland . May 20, 2010 , accessed March 10, 2020 .
  • Guido Komatsu: Land Peace Unions in the 16th Century. A typological comparison. Dissertation, University of Göttingen 2001 ( full text ).
  • Gerhard Pfeiffer : The royal peace opinions in Franconia in: Lectures and research: The German territorial state in the 14th century II (1986, 2nd edition) Vol. 14 (1971): Konstanzer Arbeitskreis für Medieval Geschichte eV (Ed.)
  • Martina Stercken : Kingship and territorial powers in the Rhine-Maasland rural peace of the 14th century (= Rheinisches Archiv Volume 124), Böhlau, Cologne et al. 1989, ISBN 3-412-00289-5 (dissertation University of Bonn 1987/1988, 171 pages).
  • Elmar Wadle: Peace of mind, punishment, law. Twelve studies on the Middle Ages (= writings on European legal and constitutional history. Volume 37). Duncker & Humblot, Berlin 2001, ISBN 3-428-09912-5 .

Remarks

  1. ^ Ludger Tewes: Westphalian land peace in the 14th century. Text finds of the peace alliances of 1358 Oct. 31 and 1392 Sept. 20 , in: Blätter für deutsche Landesgeschichte 121, 1985, pp. 169–176.
  2. ↑ Ludger Tewes : The last Westphalian land peace of September 20, 1392 , in: Westfälische Zeitschrift 138, 1988, pp. 25-38 with document edition
  3. ^ Marlene Nicolay-Panter: Protection of the peace under Baldwin of Luxembourg. In Franz-Josef Heye (ed.): Balduin von Luxemburg - Elector of the Empire 1285–1354. Mainz 1985.
  4. ↑ peace for Franken announced by Charles IV., Kurzregest State Archives Bamberg n. 2668 (A) from 4 October 1349