scholarly journals „Dwunastu sędziów, każdy w czarnej zbroi, wszystkich maskami zamknięte oblicza…”? Fakty i mity o sądach femicznych

Author(s):  
Krzysztof Bokwa

Celem artykułu jest przybliżenie mało znanego w polskim prawoznawstwie zagadnienia, jakim jest historia i funkcjonowanie sądów  femicznych Vehmgerichte w Świętym Cesarstwie Rzymskim w późnym średniowieczu. Autor nakreśla terminologiczne i językowe problemy związane z licznymi legendami i mitami, jakie narosły wokół tej instytucji w ciągu wieków. Omówienie historii, roli i przyczyn sukcesu westfalskich sądów femicznych pozwala na ukazanie ich związku z dobą współczesną — nie tylko w kontekście mordów politycznych w Republice Weimarskiej, lecz także ewentualnej inspiracji dla współczesnych prawodawców. „Twelve judges each in sable armour clad, the visages of all inlocked by masks…”? Facts and myths about vehmic courtsThe paper shall discuss a topic little-known in Polish historical research: the history and organisation of the vehmic courts Vehmgerichte in the late medieval Holy Roman Empire. The author begins with the highlighting of linguistic and terminological problems, linked to the multiple legends and myths which have grown around those courts through the centuries. Depicting the history, role and wide popularity of Westphalian vehmic courts enables one to connect them with the present times, addressing not only the issue of political murders in the Weimar Republic, but also potential inspiration for the contemporary legislators.

Author(s):  
Duncan Hardy

The Holy Roman Empire, and especially Upper Germany, was notoriously politically fragmented in the fourteenth to sixteenth centuries. A common way to interpret this fragmentation has been to view late medieval lordships, particularly those ruled by princes, as incipient ‘territories’, or even ‘territorial states’. However, this over-simplifies and reifies structures of lordship and administration in this period, which consisted of shifting agglomerations of assets, revenues, and jurisdictions that were dispersed among and governed by interconnected networks of political actors. Seigneurial properties and rights had become separable, commoditized, and highly mobile by the later middle ages, and these included not only fiefs (Lehen) but also loan-based pledges (Pfandschaften) and offices, all of which could be sold, transferred, or even ruled or exercised by multiple parties at once, whether these were princes, nobles, or urban elites. This fostered intensive interaction between formally autonomous political actors, generating frictions and disputes.


2020 ◽  
Author(s):  
Martin P. Schennach

This is the first work of its kind devoted to Austrian constitutional law, which has so far received little attention in (legal) historical research. It examines its origins, its authors, its connection with the “Reichspublizistik”, its sources and methods as well as its contents and, last but not least, its role in university teaching. Of all the particular state rights in the Holy Roman Empire, its subject was probably the one most intensively discussed. In the second half of the 18th century, Austrian constitutional law was a flourishing genre of literature promoted by the Habsburg dynasty. This is accounted for by its main themes: It flanked the process of internal integration of the heterogeneous Habsburg ruling complex and aimed at the discursive and legal construction of an Austrian state as a whole and the legitimation of absolutism.


2021 ◽  
Vol 17 (1) ◽  
pp. 203-228
Author(s):  
Robert Kurelić

The counts of Krk were one of the most prestigious and most powerful noble families in late medieval Croatia, with a dominant role attained under Nicholas IV who received the last name Frankapani from Pope Martin V in 1430. Soon after his death German language sources began to refer to the family as Grafen von Krabaten or Counts of Croatia, a somewhat peculiar designation considering that there were other prominent families such as the counts of Krbava who also maintained contacts within the Holy Roman Empire. This paper traces the development of the term von Krabaten from 1440 until the election of Ferdinand I Habsburg as king of Croatia, showing how it was used throughout the century and may have been an indication of the respect and status achieved by the Frankapani under Nicholas IV and his sons. The term is also explored as a helping tool for further research into the history of the family using sources that have hitherto been overlooked or neglected.


2020 ◽  
pp. 1-6
Author(s):  
Jörg Peltzer

This paper addresses the theme of mobility in the context of late medieval political thought, more specifically, the rhetoric of royal charters issued in England and the Holy Roman Empire in the fourteenth century.


Author(s):  
Duncan Hardy

It is clear from the comparative study of Upper German evidence undertaken in this book that multilateral associations were ubiquitous in the Holy Roman Empire in the period 1346–1521, and that they structured the interactions of all the diverse political actors within it. Indeed, inhabitants of the late medieval Empire used an ‘associative’ language of membership and mutual assistance, and the multilateral metaphor of the Quaternion (a symbolic amalgam of political actors of various statuses), when attempting to apprehend and articulate the structure and function of their polity. Modern unitary concepts of statehood and constitutionality, which dominate how we narrate and describe late medieval and early modern history, are inadequate to make sense of the Empire’s structure. The paradigm of ‘associative political culture’ offered in this book therefore not only reconceptualizes the Empire, but also has implications for alternative ways of envisioning political configurations and developments in pre-modern Europe.


2017 ◽  
Vol 44 (4) ◽  
pp. 547-569
Author(s):  
David Goldfrank

In October 1490 Archbishop Gennadii of Novgorod sent a report from the Imperial (Holy Roman Empire) envoy of the Spanish Inquisition to the new Metropolitan of Moscow Zosima. This was in the light of the upcoming synod trial of the accused “Judaic-reasoning Novgorod Heretics,” some of whom Gennadii was then empowered to subject to a humiliating auto-da-fé, without, however, any executions. The overall manuscript evidence indicates that Gennadii’s “judaizing” charges must be taken cum grano salis, that Russian churchmen were clearly concerned with other challenges to Orthodoxy, and the Russian Church’s relationship to Jewish texts was not uniformly hostile. But the report, if quite inaccurate, did have some effect in Russia, even though Russia’s inquisitional proceedings were unique to local conditions and traditions and evinced little influence from any part of the Roman Catholic world. Gennadii’s report dangled the prospects of several thousand immolations and accompanying lucrative property confiscation to the benefit of the royal fisc, but the Russian authorities of the day actually found few such culprits worthy of imprisonment and execution—this in contrast to the former Novgorod Republic’s immense church lands, many of which the state seized and converted into pomest’ia, that is service tenures.


2017 ◽  
Vol 20 (2) ◽  
pp. 233-247 ◽  
Author(s):  
Chris Jones ◽  
Christoph Mauntel ◽  
Klaus Oschema

In recent years, research on the concept of ‘empire’ has seen an upswing of interest in both Political Science and History. Definitions of ‘empire’ abound, as they do for words such as ‘discourse’, ‘performance’ and ‘culture’. Countless books and edited volumes concerning questions of ‘empire’ have been published since the turn of the century. On the most general level, however, the majority of studies on questions of ‘empire’ tend to neglect the European Middle Ages. Medievalists continue to associate the Latin terms imperium and imperator primarily with the (Holy) Roman Empire. A closer examination of the existing material in Latin and the vernacular languages reveals that many late medieval authors were far from limited in their use of imperial terminology. This introductory essay establishes the historiographical context for an exploration of this terminology as it was employed in the Latin West in two instances. The first is imperial self-designation, cases where rulers explicitly adopted or avoided the language of empire in referring to themselves or their realms. The second is the use of imperial terminology by authors from Latin Europe to describe and characterise distant and foreign regions of the world.


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