Police regulations for the Duchy of Westphalia (1723)

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Title page of the Policey Ordinance of 1723 issued by Joseph Clemens

The police order for the Electoral Cologne Duchy of Westphalia of September 20, 1723 was issued by Archbishop Joseph Clemens of Bavaria in Bonn . It comprises 44 titles with 250 paragraphs. The police order deals with questions about religion, social norms, trade and economy, as well as claims settlement and other public regulatory matters.

introduction

The idea of ​​"good policey"

Confirmation by Clemens August of the police regulation of 1723 for the Duchy of Westphalia, written by Joseph Clemens

The "good" policey (ancient Greek πολιτεία / politeia = order) developed since the 15th century into a general, internal political conception of order, which is propagated either through a special standard-setting act (individual ordinance), an orderly government or administrative activity or through a cross-departmental overall order has been. In the 18th century it still represented an indispensable means of domestic political action and, with its far-reaching regulatory provisions, showed the will to monopolize the state's legislative competence.

The enforceability of police regulations is, however, still controversial. Above all, the lack of stately executive organs, which could only be gradually established in the 18th century (police authority, police commissioner), speaks against far-reaching enforcement. In recent times, however, the symbolic meaning of the police regulations for depicting the early modern understanding of rulership has been increasingly focused on.

Context of the policey order of 1723

In this context, the Policey Ordinance for Westphalia from 1723 represents the last all-encompassing overall ordinance issued in the Cologne Electoral State. The basis was the previous ordinances for the Duchy of Westphalia from 1645 and 1656 as well as the Cologne ordinances from 1537/1538 and 1595. Marked at the same time she a phase of the transfer of power in Kurköln, since Elector Joseph Clemens died just two months after her decree. His successor Clemens August confirmed it on November 20, 1723 during a stay at Ahaus Castle . As a result, Clemens August tried several times until 1739 to expand the Westphalian order to the Rhenish part of the electorate, but this failed because of the resistance of the local estates. This increased the tendency in Kurköln to fix the policey through individual ordinances, as this did not generally require the approval of the state estates or the cathedral chapter .

Intention of the police order

The Policey Ordinance is preceded by an introduction by the Archbishop of Cologne and Elector Joseph Clemens of Bavaria, in which the history and intention of the Policey Ordinance of 1723 are summarized. The initiators of this were therefore the estates (knighthood and cities), who wanted to do justice to the changed situation in the Duchy of Westphalia with this new version. As explicit reasons, Joseph Clemens names, in addition to conflicts and wars, grievances that have crept into the people. In order to enforce the police order, Joseph Clemens issues the order in the introduction that the officials of the duchy are required to investigate misconduct. He also issues a kind of publication obligation, in that the police regulations must be read out every year anew at every court in which cities and freedoms but in town halls are publicly read out, so that every subject receives knowledge of them.

The last page of the introduction closes with the date "Given in our resident city Bonn on September 20, 1723. Joseph Clement / Chur-Fürst". The name "Frid.Fabion." It is about the secretary of the Electorate of Cologne, Friedrich Fabion, about whom little is known. The French ambassador, Chevalier de Boissieux, wrote about Fabion in a report to his court in the autumn of 1728 that he had the reputation of a very experienced and honorable man. In the Kurkölner Hofkalner of 1745 he can be understood as a secret court and chamber councilor, secret conference and cabinet secretary and secretary of the Order of St. Michael . Fabion was presumably qualified enough to have played a leading role in drafting the police regulations.

Contents of the policey order of 1723

The 44 PO titles reveal four related subject blocks, which are summarized separately below. At the beginning there are religious and confessional regulatory matters. These provisions were placed at the beginning of most early modern policey orders in order to take account of the prominent position of religion. This is all the more true if, as in the present case, it is an order that was issued by a spiritual sovereign. The police order then deals with the area of ​​social norms that should regulate social coexistence, followed by economic provisions. The conclusion is formed by various provisions of various regulatory matters, which can be summarized under "Damage regulation and prevention". For a better overview, the respective titles of the police regulations have been compiled below. Some titles consist of just one paragraph. Titles that contain several paragraphs are given in brackets.

  • "Tit. 1. Of blasphemy and swearing by God "(5 §)
  • "Tit. 2. On blasphemy against the mother of Christ and her saints "
  • "Tit. 3. From listeners of such blasphemy "
  • "Tit. 4. Of swearing and cursing "
  • "Tit. 5. Swearing and cursing God of the nobility and their servants "
  • "Tit. 6. Of warning on the sermon chairs for all blasphemy and oaths "
  • "Tit. 7. Of Anabaptists and other forbidden sects "
  • "Tit. 8. Of worship and the conduct of Sundays and Feyer's days "(9 §)
  • "Tit. 9. From Winckel sermons "
  • "Tit. 10. Of book trucks and selling "
  • "Tit. 11. Of assemblages and improper rotten "
  • "Tit. 12. From excessive drinking "(7 §)
  • "Tit. 13. From frivolous apartment "(3 §)
  • "Tit. 14. Of raising children "(9 §)
  • "Tit. 15. From usurious contracts or contracts "(10 §)
  • "Tit. 16. Of other domestic and business contracts "(3 §)
  • "Tit. 17. Of beggars and idlers "(9 §)
  • "Tit. 18. Of the untidy preciousness of their clothes and unnecessary costumes in the case of their mourning "(8 §)
  • "Tit. 19. Excessive costs are expended at Mardi Gras, weddings, christenings, funerals and other companies "(11 §)
  • "Tit. 20. From the sale of their Wüllen-Tücher "(2 §)
  • "Tit. 21. Of Ehl, Measure and Weight "(2 §)
  • "Tit. 22. Bake and sell von Brodt "(3 §)
  • "Tit. 23. Buying and selling beer "
  • "Tit. 24. From selling wine "(4 §)
  • "Tit. 25. From selling meat "(9 §)
  • "Tit. 26. From the Fischwerck "
  • "Tit. 27. From the sale of the Gewürtz "(3 §)
  • "Tit. 28. From relinquishing other people, servants and servants "(5 §)
  • "Tit. 29. Of day laborers and bot wages "(8 §)
  • "Tit. 30. Of great negligence and negligence of the fire "(20 §)
  • "Tit. 31. Of good order and policey in which cities and freedoms such as the same can be taken into and provided with Werck-Aembteren "(24 §)
  • "Tit. 32. To obtain the Schnade des Landts , Ambt, Städt and Richteren annually "(2 §)
  • "Tit. 33. Of the felling of the high forests and land defense "(4 §)
  • "Tit. 34. From common Waldemeyen, Marcken and wood regulations "(20 §)
  • "Tit. 35. From the division courts, goods and Auffbauung new Kotten "(§ 11)
  • "Tit. 36. From the fishery "(4 §)
  • "Tit. 37. Of the hunt and the flight of pigeons "(3 §)
  • "Tit. 38. Of gardens, damage to the fields and theft "(21 §)
  • "Tit. 39. Of the willful resignation of the Underthanes "(2 §)
  • "Tit. 40. Von Zigeineren or Heyden "(6 §)
  • "Tit. 41. Of those medicis, pharmacists, visits to their pharmacies, chyrurgis, their examination, as well as midwives and the like "(6 §)
  • "Tit. 42. Von Schlägerey "(4 §)
  • "Tit. 43. Von Brchten "
  • "Tit. 44. Of country roads, common roads, bridges and bridges ”.

Religion / denomination

Joseph Clemens of Bavaria with the symbol of his episcopal dignity, the miter

The systematics of the police order starts with the protection of religious social norms (Tit. 1–10). This is not only intended to protect these societal norms with the force of law, but also to put all other norms in the mirror of religious norms. The general validity of these norms is expressly emphasized (Tit. 5). In earlier police regulations of the 16th century, religion was given first place in the thematic structure (Reich police regulations of 1530, 1548, 1577). In this respect, a continuity can be observed which, by placing the religious norms in front, not only emphasizes the special importance of the provisions, but at the same time also provides a foundation for both the law and social life and public order. The role model function of the social elite, the nobility, in religious matters is particularly emphasized. Title 5 is entirely devoted to cursing the nobility and their servants. The counts and gentlemen should refrain from “oaths from God and curses” and punish them appropriately among their servants. In order to preserve the order based on religion, titles 9 to 11 inclusive make the spreading of other beliefs a criminal offense under police law. This includes "Winckel preachers" and the dissemination of other religious writings.

The influence of religious norms on social life can be traced in particular by title 8: "On Divine Service and Attitudes on Sundays and Holidays". According to this, Sundays and public holidays are marked by participation in church services (§ 1) and omission of everyday work (§§ 2-6), such as thrashing hay, market activity or serving alcoholic beverages. Title 8 addresses the entirety of the subjects (§ 1) and thus opens up a far-reaching area of ​​application that encompasses all of everyday life. The work ban had far-reaching consequences for the economy. Neither the holding of a market, nor the sale or other trade (§§ 5, 6) were permitted. This regulation was reinforced by the threat of punishment in the event of misconduct. In the case of the purchase of goods (§ 6), for example, in addition to the threat of penalty of 2 marks, the purchased goods were also withdrawn and transferred to the property of the church. The landlord, for his part, was required to refrain from serving alcoholic beverages (§ 3). In addition, the consumer of alcoholic beverages was threatened with a fine and a half mark (§ 3). The enforcement of the threatened criminal record or the monitoring of behavior in accordance with the norms was the responsibility of “certain people” who were appointed by the authorities (Section 9). This counteracted the widespread executive problem of enacted laws, at least normatively. How it was actually implemented cannot be proven.

Conventions of a society

Titles 11 to 19 form a separate thematic section within the police regulations. In these, company norms are set up and the punishment for violations is regulated. These norms serve primarily to ensure orderly public life, but on the one hand also to preserve religious and class order. Almost all titles refer to Christian values ​​and commandments such as the prohibition of careless cohabitation (Tit. 13). A ban on excessive alcohol consumption (Tit. 12), for example, should not only prevent crimes such as murder, adultery or theft, but also blasphemy. In other titles, too, references to God can always be made. Furthermore, the guardians of the children are encouraged to bring up the children properly (Tit. 14) by sending them to teaching schools. The duty of care for relatives in the event of the death of one or both parents is regulated. The correct drafting of contracts and the prohibition of usury are also recorded in writing in the police regulations (Tit. 15 and 16).

The class order in the Duchy of Westphalia is to be guaranteed by clothing appropriate to class. Thus, the individual stands are assigned on the occasion of bereavement (Tit. 18) or weddings, baptisms, on Shrovetide and other social events (all Tit. 19) not to attract attention through expensive expenses.

A central aspect of this section is Title 11. This prohibits “gatherings and improper racks”. This is used to criminalize assemblies that are directed against “the Christian religion, the authorities or honesty”. In the Duchy of Westphalia, begging is subject to strict restrictions which severely restrict the begging of the locals and which forbid strangers to beg without exceptions (Tit. 17).

Both clerical officials and secular officials were commissioned by the elector to enforce compliance with the police order. They are responsible for ensuring that society complies with the standards set out in the police regulations.

Case study: Of frivolous Beywohnung

Ensuring orderly public life and maintaining religious order are made clear, for example, by means of Title 13: “From frivolous housing”. In §1, extramarital relationships and adultery are generally presented as a violation of the religious order, which was to be punished. §2 deals with the rape and seduction of nuns ("spiritual virgins"). Rape and seduction into sexual intercourse contrary to women's vows were punishable by death. This sentence was generally used in cases of rape. In addition, those who seduced women without the consent of their parents, guardians, close friends and relatives, without using force, were punished according to the circumstances. Paragraph 3 sets the penalty for adultery. In the case of a first offense, a heavy fine was imposed. In the case of a second and third offense, the offenders were punished with a public fine or more. If the amount of the fine could not be raised in the case of a first offense, the public fine or a heavier penalty was imposed as a penalty in such cases as well.

Trade and economy

General Introduction

The articles on economy and trade within the electoral police legislation of the Duchy of Westphalia from 1723 are basically structured very heterogeneously. The trade and economic matter is introduced by the regulations of the calibration or measuring system (Tit. 21), which, however, are preceded by the provisions on the quality of woolen cloths in Tit. 20. Furthermore, there are quality assurance measures for food and luxury foods as well as provisions to secure the monopoly of local traders. In addition, some articles move in the border area of ​​these two target-oriented concepts. The regulations on the employment relationship of servants and day laborers are assigned to the area and have connections to the above provisions, but basically deal with a topic alien to the area of ​​quality assurance measures (Tit. 29). These regulations follow the product-related provisions immediately.

The addressee-dependent objective of the articles differs in places: in terms of bread, beer and meat consumption, these probably address the milieu of an “ arable society ” that consumed such foods at least occasionally (Tit. 22, 23, 25). On the other hand, the provisions on luxury goods and luxury goods seem to be aimed primarily at an elitist circle (Tit. 24, 26, 27). What the articles have in common, however, is their general normative function in the sense of enforcing standards that are actually customary in the food sector, which have obviously suffered greatly due to more or less consistent non-compliance. Furthermore, the meaning of the titles can be distinguished from one another by means of their quantitative design: The relatively strong internal structure of the titles indicates a need for particularly precise regulation or, in these cases, the probably disproportionately strong decline of originally valid norms (Tit. 25, 29). Other articles, on the other hand, are almost briefly brief, which raises the question of whether these subjects were simply too underestimated or whether they were a disproportionately weaker break in originally normative provisions (Tit. 26, 20, 21, 22, 23).

Content of the individual provisions

"Tit. 20. Sale of woolen cloths"

Title 20 of the Police Regulations is a provision to prevent fraud in the case of goods sold by the meter. Here it is decreed how the cloths or the fabrics must be prepared for sale and how they may be sold: They may only be offered for sale unstretched and at most moist, in order to prevent fraud in terms of length and weight. According to §2, officials must help the buyer of forbidden wipes (cf. deceptive packaging ) to obtain compensation and, if it can be proven that they fail to do so, pay the damage out of their own pocket.

"Tit. 21. Von Ehl, Measure and Weight"

Title 21 of the Policey Regulations is a decree on the use of "usual" and "traditional" units of measurement (Ehl, Maas, weight). However, the units of measurement differed from city to city, so that there can be no question of standardization. § 2 has a control that must be carried out four times a year on the measuring instruments of Ehl, Maas and weight by "Unterherren" and mayors. If the use of uncalibrated devices is transferred, these must be confiscated and the user appropriately punished.

"Tit. 22. Selling and Baking Bread"

§1 The sale of the bread must be regulated, otherwise the buyer may have disadvantages from the baker. Therefore, it is decreed that at the beginning of each month the bakers are given precise information on the weight of the bread by officials, as well as the mayor and council, which are based on the current wheat and rye values. This is to ensure the quality of the bread. §2 The bakers should make the bread properly with the following contents of not more than five pounds of flour and three pounds of water, that the baked bread weighs seven pounds and that this weight is not adulterated with the addition of other ingredients. In addition, the baker should put his emblem on the bread before baking so that the origin can be determined in the case of defective goods. §3 In addition, officials and mayors of every place should check bread and rolls at least four times a year unannounced, in the shop and in the bakery. If the result is unsatisfactory, the bread is given to the poor and the baker is charged with a fraction of one mark.

"Tit. 23. Buying and Selling Beer"

As with the sale of bread, the risk of fraud when serving beer is very high, also because so far neither officials nor mayors have paid attention to it. The officials in the country and in the city are supposed to check the quality of the beer and make sure that it is sold at the same price that was received for the fruit.

"Tit. 24. On selling wine"

§1: A wine tapper is not allowed to pierce a barrel of wine in the cities or in the country and sell the contents in public. This cannot be done until the city officials have tried the same wine. On the basis of a tasting, the officials should evaluate the wine and name and impose the corresponding price. The determination of the price should be recorded in writing on a board and signed by the mixer and the officials. This paragraph was created for the following reason: The wine merchants had previously sold the wine in the cities and in the country to the detriment of the buyer. Lower quality wines were sold at overpriced prices for the benefit of wine merchants. §2: Should a wine dealer disregard the order stipulated in §1 or mix the wine with other types of wine and then sell them in bulk, he must hand over his income to the state treasury. §3: The mayor and the council of a city should employ a wine or mixer master in the respective place after the publication of these regulations. They should try the wine and change it accordingly at fair and realistic prices according to the quality of the goods. §4: If, however, the wine or mixer masters are “in league” with the wine merchants and behave incorrectly when determining the price, they should be dismissed from their service. This should be followed by an appropriate (monetary) penalty.

"Tit. 25. On Selling Meat"

§1: In the city the mayor and the council - in the country the officials - should order righteous and godly persons to inspect the meat. Before the sale, the livestock farming, its killing and the processing criteria of the animal meat should be inspected. The more hygienic the processing of the meat, the higher the price to be paid should be. §2: As soon as the hygiene regulations for meat processing are not complied with, this meat should not be allowed for sale. §3: The inspection of the meat (whether ox, cattle, cows, sheep, calves, pigs etc.) should be carried out diligently at all times to see whether this is done according to the appropriate country style. Accordingly, the "diligent supervisor" should then write down the costs to be paid for the meat on the boards of each meat hall. §4: If a butcher sells his goods before the inspection or changes the fixed price on the board arbitrarily, this should be punished. §5: It was decreed that a calf must be 14 days old before it is slaughtered. If the calf was slaughtered earlier and then sold, this should also result in a penalty. §6: The meat must first be processed, felt, stabbed, beaten, hung, dried out and weighed. It must not be mixed with one another, but must be hung up differently from one another. §7: The cattle should be slaughtered and processed, brought to the market and sold there. §8: Since some cattle die before they are slaughtered, they should be buried far away, deep under the earth. §9: If the butchers do not sell their goods to the buyer - whether Christian or Jew - according to the prescribed statute or violate similar ordinances, they should pay a fine.

"Tit. 27. From the sale of the Gewürtz"

The import and sale (neither secretly nor publicly) of spices (crushed as well as ground) is forbidden to foreign merchants, shopkeepers and other rural travelers in the territory of the Duchy of Westphalia. The authorities are responding to the deliberate deterioration in the quality of spice mixtures. If you violate this, you face a penalty of 2 marks. At the same time, domestic merchants and shopkeepers are prohibited from importing crushed spices in Section 2. However, crushed spice mixtures produced in-house may still be sold. Furthermore, there are several unannounced inspections of the general store by the authorities every year, which determine that no prohibited spice mixtures are being negotiated. If such spice mixtures are found, the prohibited stocks will be confiscated. Furthermore, according to § 3, only white or uncolored ginger is to be sold; the sale of colored ginger is prohibited. This is also regulated by the regulations of the Holy Roman Empire. The merchants are expressly warned to refrain from importing and selling such ginger.

"Tit. 28. On the relinquishment of other people / servants servants and servants"

This title includes five paragraphs on the enticement, reward, and dismissal of servants and servants. The determination of the penalty for non-compliance is decisive here.

"Tit. 29. Of day laborers and bot wages"

Title 29 concludes the economic ordinances. Due to the uncertainty among day laborers and messengers as well as their employers about wages and employment, Title 29 deals with the remuneration of those same in paragraphs 2 to 8. The exception is paragraph 1. Here the wage taxes for permanent bricklayers, carpenters and joiners are set.

Case study: Determining the quality of fish products

Fish products for sale (dried as well as salted fish) must be checked beforehand by supervisors ("local authority representatives") and released for trade. Products that do not meet the quality requirements should be disposed of by burying them.

This article of the policey legislation first and foremost raises the question of the origin and the quantitative amount of the fish to be checked. Due to the enormous cost intensity of fresh fish caught in inland waters and its acquisition by the gentlemen's privilege at the time, it is likely to be imported fish from sea areas in this case. At the time of the publication of the Policey legislation, the Netherlands was the main exporter of artificially preserved sea fish, which they often negotiated for English, French, Norwegian, Scottish and of course Dutch catchers throughout Europe and into the Baltic Sea region. Amsterdam in particular was seen as the hub of the European fish trade, through which the fish was probably also exported to the Rhineland (Cologne as the distribution center for Dutch herring). The Duchy of Westphalia was probably also affected by these product and trade flows through these cities. At first sight it was probably herring and cod. The herring was mostly salted due to its fat intensity, whereas the cod was mostly just dried due to its lack of fat (stick fish but also clipfish), which is also reflected in the provisions of the Policey Ordinance.

Other preservation methods such as fermentation using acid or smoking are not mentioned. Probably because of the import of such products there was hardly any interest in the relevant subtleties of food preservation. This provision on fish imports is also remarkable because it is basically not a quality assurance measure for domestically produced goods, the manufacture or production of which could have been influenced locally, but rather regulations for imported goods that - in the event of the fish - enjoyed a good reputation. Linked to this, the question arises of how such consumption and food flows could actually have been controlled and what the exact test criteria could have been. It is also not possible to clearly determine where the products should be checked, whether immediately upon importation or not until they are in Germany. Such indications allow the conclusion that although there must have been a justified interest or "congruence of interests" in the control of such products (in the case of the authorities and relatively wealthy subjects), this interest could hardly result in control actions that could actually be carried out. Although official servants seem to have passed the control organs and instruments of the state police state, their effectiveness is generally questionable due to a lack of motivation and incentives. This provision seems to reflect the will of the authorities to regulate in this area, rather than the actual implementation. Rather, there was only the claim to food regulation, as the area of ​​food supply was one of the main tasks of a paternalistic government that wanted to work for the common good.

Since fish must have been in demand as a food in the Catholic Duchy of Westphalia, at least in financially more potent circles, especially on days of fasting and abstinence (Friday and Saturday), regulation was probably also felt to be beneficial for this reason : it was probably consumed extremely rarely within the rural lower classes, but more frequently in the rural middle class (including brushwood). This was due to the enormous cost intensity, which made fish affordable only for the middle and upper classes, as this u. a. can also be read from the rural food regulations in the Westphalian region for the same time. However, the sale of freshwater fish is ruled out within these provisions (see above). The catch and consumption of such fish was mostly a master's privilege and consequently the relevant regulations were also dealt with separately in this police legislation. The article also contains vague references to the activities of the early modern knacker's and washer's trade. Since the fish should be buried if the quality requirements are insufficient, such an activity can be ascribed to this profession, which was still dishonorable in the early modern understanding.

Damage settlement and prevention

General Introduction

Titles 30–44 form a thematic conclusion to the Policey Ordinance of 1723. These titles cannot simply be grouped together to form an overarching complex of topics, which gives the impression that this is a purely compilatory section. As a demarcation from the confessional, social and economic police regulations , the coexistence of the population of the Duchy of Westphalia is in the foreground. This should be safeguarded on the basis of legislation on property law, (other) social and company law and legislation on public order. The titles on property rights (titles 33–38) and public order (titles 30–32, 34 (§11), 39, 41, 43, 44) are of particular importance. With the police regulations of the public order, the topics "safety and health regulations", "city law and regulations on infrastructure" and "criminal prosecution" are covered. The last section is therefore not just a compilation of various titles, additions and updates to existing legal regulations; Here, above all, customary law is taken up and, on the basis of a “legal” basis, the coexistence of the subjects is regulated outside the economic and educational interests of the authorities.

Content of the individual provisions

"Tit. 30. Of great negligence and neglect of the fire "

A total of 20 paragraphs of the police regulations deal with the handling of open fire. For example, it is regulated that nobody is allowed to go into barns with lamps or fire. This is to reduce the risk of fire. Such bans also apply to neighbors. Furthermore, this title regulates that failure to provide assistance in the event of a fire and willful non-observance of the paragraphs should be punished.

Titles 33 and 34 deal with dealing with forests. The early modern times, like the late Middle Ages, were characterized by a lack of wood . Princes took this as an opportunity to extend their power to forests that were previously owned by the communities. In current research, it is controversial whether there actually was a dangerous shortage of wood or whether this was only propagated by princes in order to transform their principality into a territorial state.

"Tit. 33. Of the beating up of the high forests and land defenses "

Title 33 consists of 4 paragraphs and deals with the handling and punishment of offenses in high forests and land defenses . High forests denote heartwood stocks that were particularly valuable due to the age and thus the size and strength of the trees. In keeping with the times, the officials were warned to make sure that no one carries wood from the forest. If this prohibition is disregarded, at least the wood should be replaced. Further penalties are at the discretion of the officer.

"Tit. 34. Of common forest mayes, marches and wood orders "

The handling of the forest is regulated in 20 paragraphs. In order to preserve the forest stock, it is first of all determined that nobody is allowed to sell forest without the consent of the sovereign. Particular attention was paid to the fact that no forest could be sold to “foreigners”. If someone does not comply with the regulation, officials should be allowed to seize the property. In order to preserve the forest, it was decreed that young wood should not be felled, no logs should be used for less important tasks (e.g. fences or huts), no healthy wood should be used as firewood and unnecessary paths should be closed. In order to preserve the traditional practice of forest pasture , a place should be determined once a year that could be used as a commercial forest to drive cattle there. Every cattle farmer was made responsible for fencing in his pastures and making sure that no animal ran into the forest while driving cattle. In order to maintain the supply of lumber, foresters (who were overseen by a lumber court to which they and other woodworkers were accountable once a year) should assign lumber. To compensate for the commercial forest, a new forest should be created once or twice a year. It is noticeable that penalties were rarely mentioned. For example, someone who neglects to fence in his pasture should pay ¼ to 2 marks, a fine that could be modified at the discretion of the officer or landlord. A special feature is §11, as it is not about the forest, but about the maintenance and repair of ditches and water pipes.

"Tit. 35. On the division of their farms, estates and the construction of new cottages "(11§)

Title 35 of the Duchy of Westphalia police order contains 11 paragraphs on the “division ... and construction” of farms, estates and new cottages, as well as instructions for the administration and use of the estates. A central component here is the regulation of ownership as well as the administration of the goods of the already particularized duchy - the territorial boundaries of the authorities met the cooperative-communal structures. The restoration of the original territorial borders was an important element for the authorities to issue a property tax, which in turn was based on the size of the goods. The communal structures were essential, however, as the individual subjects could only be recorded with the help of communal structures. “The burdens of taxes, state tax and billeting, for example, were initially imposed on the community as a whole; the Honne and the community then took care of the allocation to the individual residents. "

This ambivalent relationship between territorial authorities and cooperative-communal structures can be seen particularly in the second paragraph of the police order. The authorities decreed that partitions that were carried out 20/30 years ago or new cottages that were built 20 years ago should be reversed as soon as the tenant has died or a favorable time arrives. The children of the deceased land tenant should not be driven away immediately, but should be tolerated on the estate for a while by the representatives of the authorities at the local level. and be registered. The administration of the goods was also largely the responsibility of the municipalities. Border crossings and violations were indeed sanctioned by the police order, but the tenants were forced to set the "grinding stones" themselves and to adhere to the limits (§ 3, § 9, § 10 and § 11).

The second, important part of the economic aspect of administration is the "good management" of the goods. In addition to the division of the land into small (loss-making) and hard-to-tax parcels, the authorities ordered that goods that had been turned into ruin had to be reported to the officials. These goods were also not allowed to be sold or passed on by hand - each time they were divided or passed on, by sale or further leasing, the landlord's consent was required anyway (§ 4, § 6, § 7).

The 35th title clearly shows that the land, either directly or indirectly - through the receipt of taxes or the income generated - was considered the property of the authorities as a feudal system . But "the Lord himself could not be everywhere at the same time and exercise the rights due to him", so that on the one hand the offices (officials, civil servants, communities) exercised his (electoral) territorial rule, and on the other hand police regulations were to reinforce his rule.

"Tit. 36. Von den Fischereyen" (4 §)

After overfishing "on large and small bodies of water and streams" in the Duchy of Westphalia was established and an "outflow" of fish was noticeable, the authorities were forced to regulate "fishing" and to organize the ownership of rivers and streams. Title 36 states that only fishermen are allowed to practice the craft, in particular house people - for example for food supplements - were completely prohibited. In 3 paragraphs it is listed which methods were prohibited when fishing (so that the fish population is preserved):

  1. Glue sticks must not be used when fishing
  2. Waters must not be poured or potted
  3. The use of "lime", "bombs" or "night lights" is prohibited when fishing
  4. Streams and rivers must not be dammed

The fourth paragraph has a special feature. Not only the mere stealing of fish and crabs from containers and (strange) ponds, the willful destruction of dams is also like theft. In addition, fishermen have been given certain fishing areas (rivers) - fish from flowing waters that "belong to another" may not be caught.

"Tit. 38. Of gardens, Feldt damage and thieves" (21§)

In this title, regulatory matters relating to property, here in the form of land or land, are listed. Different topics can be filtered out in this way:

  1. 1. §1-4, 15: Ordinances against theft of z. B. Fruits and crops, trees, farm implements, livestock, etc.
  2. 2. §5: Notification of such crimes.
  3. 3. §6-7, 14: Regulations regarding cattle driving, d. H. when and where cattle may be herded, which regulations come into force in the event of damage as a result of animals that have escaped or driven into unauthorized areas.
  4. 4. §8-10, 12: Land regulations.
  5. 5. §11: Requirements as to how border fences should be constructed, that they should be stable and that they should be repaired if they were damaged by third-party or personal negligence.
  6. 6. §13: Increase in penalty during harvest time for damage to fields or theft of crops.
  7. 7. §16-18: Each municipality is to set up so-called "guardians" or "field riflemen" when threatened with punishment, who should guard the fields and thus protect them from theft. Further labor law matters are clarified in § 17 and 18.
  8. 8. §19: This paragraph is about the fortification of the localities, which should be kept able to fight in this sense.
  9. 9. §20: Prohibition to drive on meadows and fields without permission.
  10. 10. §21: Regulations concerning the so-called "pre- and post-hours".

In summary, in retrospect, this title shows a set of regulations that deal with rural infrastructure and its economic basis, namely agriculture. The prince's priority here is to keep the farm running as smoothly as possible and thus profitable. Against hindrances to this productivity, which is the backbone of the supply, action is taken here with all consistency, which is expressed by the pluralistic control structure. Above all, there is a warning to report activity, even the prospect of a penalty for failure to do so, the setting up of a "field guard" is required and high fines or corporal fines are threatened. It is also noteworthy, however, that even an approach to animal protection in the economic sense can be found in §14, where it says: “But there is a shepherd, he is shepherd, cows, calves or swine shepherd, that subordinate cattle to inefficient animals or Drifting Weyden, or drinking the same in flax water or other harmful, rotten waters, or otherwise failing it and causing damage or danger, also injuring it with hitting, pushing or throwing, the same should first pay for the damage and then check on the condition be tightened. "(Tit. 38 §14)

"Tit. 40. Von Zigeineren or Heyden" (6 §)

This title deals with various ethnic and occupational groups such as "gypsies", traveling merchants and soldiers. In six paragraphs, the police order lists how the representatives of the authorities and the population have to deal with the groups just mentioned. Particularly harsh are the provisions in paragraph 1, in which the officers are asked to brand "Gypsy groups" traveling in or through and to execute them if they are arrested again. Officials who violate these instructions are threatened with dismissal. The rest of the paragraphs state that traders, mediciners, and soldiers who practice or travel without a valid certificate should be expelled from the country and / or punished. Jugglers , quacks and charlatans should also not be tolerated and their goods or equipment should be confiscated. The general population is also threatened with punishment if one of the groups described is knowingly tolerated or not reported.

"Tit. 41. Of those Medicis, pharmacists, visits to their pharmacies, Chyrurgis, their examination, as well as midwives and the like" (6 §)

Title 41 of the Police Regulations can be understood as a kind of health care. It lists the guidelines and requirements that a doctor, pharmacist or midwife must meet in order to be allowed to practice. The main purpose of these provisions is to protect the population from charlatans and quacks. As already mentioned in Tit. 40, these should be expelled from the country. A doctor who would like to work in the duchy must first show his experience and his exam in Arnsberg. The same applies to midwives, who should also be instructed in baptism by the priest of the respective community in emergencies. Pharmacists must also appear before a committee so that they can obtain permission to open a pharmacy. This is then checked once a year by a doctor. The mayors and village chiefs are required by the police order to ensure that enough capable doctors and field clerks are resident in the community.

rating

Elector Joseph Clemens tried in the Policey Ordinance of 1723 not to leave any area of ​​the life of his subjects untouched. The police order deals with religious and social requirements as well as with economic legislation and the regulation of damage and its prevention. In addition, there is the decree on road construction and maintenance. In the self-image of a monarch of the time, the maintenance of the order that is supposed to secure the power of the elites is at the beginning. The fact that the section on religion and denomination comes first shows how important it was for the ruler of a principality not to allow religious tension.

The section on social norms also shows the will to maintain the existing order. However, this section shows more: it conveys a picture of the attempt to order a society in which existing ideals - based on Christian values ​​- are used to establish welfare. On this basis, which is supposed to regulate both rule and people , the police order tries to make use of the potential of the state. Attempts are made to protect the domestic economy through protectionist measures and to use the intraregional potential to promote the development of the Duchy of Westphalia. The economy should not only be protected from "foreign" products, but should also be promoted through the implementation and enforcement of regional standards. The regulations on the preservation of fields, fish stocks and the forest, the basic resources of a pre-industrial state, fit in with the attempt to use the territory of the Cologne Elector to increase his power.

The extent to which police regulations were implemented is controversial in research, as the early modern princes often lacked the opportunity to enforce the requirements. It is possible that the police orders no longer represent the will of the ruler to enforce his own claim to power. These attempts by early modern rulers through the comprehensive regulation of capital (e.g. title 15), labor (e.g. title 29), infrastructure (e.g. title 44), area (e.g. title 33), environment (e.g. Title 36), the market (e.g. Title 21) and socio-cultural realities being able to make better use of one's own sphere of influence were influenced by the liberal ideas of the Enlightenment at the end of the century. More modern legislation such as the Civil Code in the states of the Rhine Confederation or the General Civil Code of Austria in 1812 replaced the idea of ​​the "good policey".

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literature

  • Bettine Günther: Moral offenses in the policey regulations of the imperial cities of Frankfurt am Main and Nuremberg (15th – 17th centuries), in: Karl Härter (Ed.): Policey and early modern society (= Ius Commune special issue 129), Frankfurt am Main 2000, p 107-120.
  • Karl Härter : "... for the good and safety of common people ...". Electoral Cologne police legislation during the government of Elector Clemens August, in: Frank Günter Zehnder (Ed.): In the interplay of forces. Political developments in the 17th and 18th centuries in Kurköln (The crack in the sky. Clemens August and his epoch 2), Cologne 1999, pp. 203–235.
  • Karl Härter : The administration of the "good policey": juridification, social control and discipline, in: Michael Hochedlinger u. Thomas Winkelbauer (Ed.): Densification of rule, state formation, bureaucratization. Constitutional, administrative and administrative history of the early modern period (publications by the Institute for Austrian Historical Research, Vol. 57), Munich / Vienna 2010, pp. 243–269.
  • Thomas Simon / Markus Keller: Kurköln, in: Karl Härter / Michael Stolleis (Ed.): Repertory of the Policey Regulations of the Early Modern Age. Vol. 1: German Empire and ecclesiastical electoral principalities (Kurmainz, Kurköln, Kurtrier), Frankfurt / Main 1996, pp. 423–601.
  • Jürgen Schlumbohm : Laws that are not enforced - a structural feature of the early modern state ?, in: GG 23 (1997), pp. 647-663.

Web links

Individual evidence

  1. ↑ Simon, Thomas / Keller, Markus: Kurköln, in: Härter, Karl / Stolleis, Michael (Hrsg.): Repertory of the Policey Regulations of the Early Modern Era Vol. 1: German Empire and ecclesiastical electoral principalities (Kurmainz, Kurköln, Kurtrier), Frankfurt 1996 , P. 439.
  2. ↑ See Karl Härter's criticism of the older research, which concentrated too much on the assessment of the enforcement of police regulations. It thus falls victim to modern political and administrative research methods that cannot work in this context, cf. on this also Härter, Karl: The administration of the "good policey": juridification, social control and discipline, in: Hochedlinger, Michael / Winkelbauer, Thomas (ed.): Densification of rule, formation of the state, bureaucratization. Constitutional, administrative and administrative history of the early modern period (publications of the Institute for Austrian Historical Research Vol. 57), Munich / Vienna 2010, pp. 243–269, here p. 245. Simon and Keller additionally emphasize that also especially in Kurköln the policey should be understood more in the sense of a sanctioning of traditional regulations than as an attempt to redesign the internal order, cf. Simon / Keller, Kurköln, p. 439. See also Achim Landwehr . This does not speak, for example, of the enforcement, but of the implementation / establishment of police norms and deals with the context of the media effect and the structure of police regulations. Cf. Landwehr, Achim: "Norm enforcement" in the early modern period ?, Critique of a Term, in: Zeitschrift für Geschichtswwissenschaften 48 (2000), pp. 146-162 and Landwehr, Achim: Die Rhetorik der "Gute Policey", in: Journal for historical research 30 (2003), pp. 251–287.
  3. ↑ Simon / Keller, Kurköln, p. 438 (Policey authority), 441 (Policey commissioner); Härter, Karl: Polizei, in: Enzyklopädie der Neuzeit , Sp. 170–180.
  4. ↑ Schlumbohm, Jürgen: Laws that are not enforced - a structural feature of the early modern state ?, in: GG 23 (1997), pp. 647–663, here pp. 660–661.
  5. ↑ [1]
  6. ↑ [2]  ( Page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Toter Link / s2w.hbz-nrw.de  
  7. ↑ [3]
  8. ↑ [4]
  9. ↑ [5]
  10. ^ Karl Härter: Kurkölnish Policey Legislation , pp. 203-206.
  11. ↑ Stollberg-Rilinger, court travel journal of Elector Clemens August, p. 143, note 458.
  12. ↑ Boissieux was from November 12, 1728 to May 22, 1731 as French ambassador in Kurköln. Winterling, Court of the Electors of Cologne, p. 209. In the Almanach royal of 1731 he is named "M. le Chevalier de Boissieux, Envoyé Extraordinaire auprès de l'Electeur de Cologne" among the "Ministres du Roy, dans les Pays Etrangers" "listed. Almanach royal pour l'année MDCCXXXI, Paris 1731, p. 90.
  13. ^ PO
  14. ^ Härter, Kurköln Policey Legislation, p. 203.
  15. ↑ These are probably the most intensely regulated matters within the police order, cf. also Härter, Verwaltung, p. 247.
  16. ↑ The majority of these are day laborers in agriculture.
  17. ↑ The reason for the inclusion of the title in the police regulations is immediately after the title. Joseph Clemens (ed.): Chur-Cöllnischen Hertzogthumbs Westphalen Improved Policey Order, Bonn 1723, pp. 97-98.
  18. ↑ Tit. 26 Von dem Fischwerck, in: Policeyordnung für das Herzogtum Westfalen from September 20, 1723, in: Scotti, Johann Josef (Hrsg.): Collection of laws and ordinances, which in the former Churfürstenthum Cöln (in the Rhenish Archstate Cöln, in the Duchy of Westphalia and in the Veste Reklinghausen) on matters of state sovereignty, constitution, administration and administration of justice have passed: from 1463 until the entry of the Royal. Prussian governments in 1816. Abth. 1, Legislation for the entire Chur State of Cologne until its complete dissolution at the end of d. J. 1802. Theil 1, Düsseldorf 1830, No. 357, pp. 623-688, here p. 652.
  19. ^ Wiegelmann, Günther / Mauss, A .: Fish supply and fish dishes in the 19th and 20th centuries. Attempt a quantitative analysis, in: Teuteberg, Hans-Jürgen / Wiegelmann, Günther (ed.): Our daily diet. History and regional imprint, Münster 1986, pp. 75–92, here p. 78.
  20. ↑ Pelzer-Reith, Birgit: Fishing / fish consumption. in: Encyclopedia of Modern Times, p. 1011.
  21. ↑ Lesger, Cle: Fishing / world trade. In: Encyclopedia of Modern Times , p. 1008.
  22. ↑ Even if their monopoly began to falter in the second half of the 17th century, the Dutch still held an important position in trade. 1681-1700 were bsw. 70% of the salted herring imported from the Netherlands in the Baltic Sea region, but only 27% between 1731-1750, which could provide a vague indication of the suspected quantities of imported fish in the Duchy of Westphalia, which is geographically closer to the Netherlands, cf. also Lesger, Cle: Fishery / World Trade. in: Encyclopedia of Modern Times, p. 1008.
  23. ↑ Schmitz, Gerda: Rural food regulations from Westphalia. From the end of the 17th to the middle of the 19th century, in: Wiegelmann, Günther / Mohrmann, Ruth-Elisabeth (ed.): Food and Table Culture in the Hanseraum, Münster / New York 1996, pp. 243–265, here p. 257.
  24. ↑ Lesger, Cle: Fishing / world trade. in: Encyclopedia of Modern Times, p. 1008.
  25. ↑ Lesger, Cle: Fishing / world trade. in: Encyclopedia of Modern Times, p. 1006f.
  26. ↑ Landwehr, Achim: Policey in everyday life. The implementation of early modern police regulations in Leonberg, Frankfurt 2000, p. 274.
  27. ↑ It should be noted, however, that the matter was regulated far more frequently by regional ordinances (cities, local nobility and guilds), cf. also Härter / Stolleis, Repertorium, pp. 9-10.
  28. ↑ Such activities in particular must have been unpopular with public officials due to the administrative burden and low financial remuneration, cf. also Härter, Verwaltung, p. 244.
  29. ↑ Staudenmaier, Johannes: Good Policey in the bishopric and city of Bamberg. Norms, Rule Practice and Power Relations before the Thirty Years War, Frankfurt 2012, pp. 120–121.
  30. ↑ Schmitz, Food Orders, p. 256.
  31. ↑ Schmitz, Food Orders, p. 262.
  32. ↑ Pelzer-Reith, Fishing / Fish Consumption. in: Encyclopedia of Modern Times, p. 1012.
  33. ↑ Schmitz, food orders, p 253ff.
  34. ↑ Although it is one of the most important and flexible sanctioning instruments within the police regulations, a fine does not apply here, cf. also Härter, Karl: Soziale Disciplinierung durch Strafe? Intentions of early modern police regulations and state sanctions practice, in: Journal for historical research 26 (1999), pp. 365–279, here p. 377.
  35. ^ Thomas Simon, Markus Keller: Kurköln. In: Karl Härter, Michael Stolleis (Hrsg.): Repertorium der Policeyordnung of the early modern times. Vol. 1: German Empire and ecclesiastical electoral principalities (Kurmainz, Kurköln, Kurtrier). Frankfurt 1996, pp. 423-425.
  36. ↑ Simon, Thomas / Keller, Markus: Kurköln, in: Härter, Karl / Stolleis, Michael (Hrsg.): Repertory of the Policey Regulations of the Early Modern Era Vol. 1: German Empire and ecclesiastical electoral principalities (Kurmainz, Kurköln, Kurtrier), Frankfurt 1996 , P. 431.
  37. ↑ Simon, Thomas / Keller, Markus: Kurköln, in: Härter, Karl / Stolleis, Michael (Hrsg.): Repertory of the Policey Regulations of the Early Modern Era Vol. 1: German Empire and ecclesiastical electoral principalities (Kurmainz, Kurköln, Kurtrier), Frankfurt 1996 , P. 431.
  38. ↑ Simon, Thomas / Keller, Markus: Kurköln, in: Härter, Karl / Stolleis, Michael (Hrsg.): Repertory of the Policey Regulations of the Early Modern Era Vol. 1: German Empire and ecclesiastical electoral principalities (Kurmainz, Kurköln, Kurtrier), Frankfurt 1996 , P. 428.
  39. ^ Heinz Heineberg , Introduction to Anthropogeography / Human Geography (Paderborn 2007), p. 108f