Licet iuris
Licet iuris is a mandate of the Roman-German Emperor Ludwig IV named after his initial words , which he issued on August 6, 1338 at a Reichstag in Frankfurt am Main . The mandate was a reaction to the resolutions of the Kurverein von Rhense , which had the affirmation of the majority principle and the rejection of the papal license to practice medicine in the German election.
Licet iuris now also stated that the person elected by the electors is to be regarded as a Roman-German emperor (not a king ), i.e. the German election alone legitimizes the claim to the empire, which is directly from God. Linguistically, the law is based on the Codex Iustinianus and thus also includes late antique legal rights.
The legal content of licet iuris is controversial in science. It was assumed that Ludwig IV had thus known his conception of a world empire and that he actually wanted to base the imperial title on the election of a king alone. Others take the view that licet iuris implicitly assumes that with the election the king may already exercise all imperial rights even without coronation, but that the emperor title itself is only legitimized by the coronation by the pope. In any case, Ludwig followed up on the imperial idea of his predecessor Henry VII , as he was also based on the thesis that the emperor was independent of the influence of the Pope in the secular sphere.
At the same time as licet iuris , the mandate fidem catholicam was published, in which the legal conceptions were discussed in more detail. Ludwig IV was unable to achieve any immediate political success with either mandate, but they exerted a great influence on several of the major state writings of the late Middle Ages. The principle of majority voting represented in licet iuris was finally laid down in 1356 in the Golden Bull of Charles IV .
swell
- Licet iuris. In: Lorenz Weinrich (Ed.): Sources on the constitutional history of the Roman-German Empire in the late Middle Ages. (1250–1500) (= selected sources on German history in the Middle Ages. Vol. 33). Wissenschaftliche Buchgesellschaft, Darmstadt 1983, ISBN 3-534-06863-7 , pp. 290-293 (Latin text with German translation).
literature
- Sebastian Krafzik : Licet iuris - battle for power between emperor and pope. In: Journal on European History of Law. Vol. 2, 2011, ISSN 2042-6402 , pp. 6-10.
- Heinrich Mitteis : The German election for a king. Your legal basis up to the Golden Bull. 2nd, expanded edition. Rohrer, Brünn et al. 1944 (special edition, 6th, unchanged reprographic reprint. Wissenschaftliche Buchgesellschaft, Darmstadt 1987, ISBN 3-534-05340-0 ).
- Karl Zeumer : Ludwigs of Bavaria King's Election Law "Licet iuris" of August 6, 1338. In: New archive of the society for older German history . Vol. 30, 1905, pp. 85-112 and pp. 485-487 ( full text at Wikisource ).
