Scolding
The scolding was a conflict in medieval court proceedings between different judges , but not between a judge and a convict. The convict did not have the right to scold the sentence.
In modern parlance, public criticism of a court judgment is colloquially referred to as a scolding.
Basic right of the Saxons
The medieval aristocratic republic could afford a kind of basic law, as it is proclaimed in the Sachsenspiegel from the time around 1230: You cannot (still) find a lawful judgment before the royal court in Saxony if a Saxon wants to scold it and he pulls it to his rights (Oath) hand and to the larger multitude and he fights against the judgment himself against the other seven: where the larger multitude wins, it has won the judgment (Ldr. I / 18,1-3). In this way, a people safeguards their traditional popular or tribal law and prevents an authoritarian judiciary.
Justice of the Nobility
The right to scolding is mainly described in article Ldr. II / 12 of the Sachsenspiegel. Article II / 12.2 is fundamental to the whole system of justice in general: People who are free from lay judges may judge anyone; but no one may find judgment against them that affects their life or their honor or their inheritance, nor scold (their) judgment that it is not their equal . This practically results in a jurisdiction of the people who are not eligible for judgment, i. H. of the nobility , of all others by themselves. They find the verdict in the court of the count, but they also scold one of the other's verdicts if it doesn't seem to be in line with tradition - if necessary up to the battle of seven against seven . Only in the margraviate do other conditions prevail.
Battle of the nobility for the old law
Usually the jury found the verdict. However, this did not exclude the other people who are not eligible for judges from the jurisprudence, anyone could scold the judgment of the jury : Standing one should scold judgment, while sitting one should find judgment under king's spell ... But whoever was not born to the benches should take the chair request with judgment to find another judgment. So that one should vacate his chair who found the first judgment (Ldr. II / 12,13). Which judgment he then finds, he offers to fight for it with his oath and draw that where he should rightly draw it ... (Ldr. II / 12,14). If you scold a judgment, you should draw it ... before the king (Ldr. II / 12,4). But now the basic Saxon law also applies : if a Saxon scolds a judgment and if he draws it to his right hand and to the larger crowd, he must therefore fight himself against seven others. Wherever the greater crowd wins, it wins the judgment. Every defeated man pays the judge a fine and repents the one who fought against him. There is nowhere to contest judgment but before the royal court (i.e. before the Reichstag, Ldr. II / 12.8).
According to the Sachsenspiegel, the scolding led in principle to a fight of seven against seven in front of the Reichstag. It represented a special case of the legal battle.
See also
Individual evidence
- Jump up ↑ judgment. (No longer available online.) In: Wortschatzlexikon der Universität Leipzig . 2011, archived from the original on November 10, 2014 ; Retrieved November 10, 2014 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
