Stadtluft macht frei

Last updated
Medieval square in Spisska Sobota (Slovakia) Square of Spisska Sobota 6.jpg
Medieval square in Spišská Sobota (Slovakia)

Stadtluft macht frei [1] ("urban air makes you free"), or Stadtluft macht frei nach Jahr und Tag ("city air makes you free after a year and a day"), is a German saying describing a principle of law in the Middle Ages. The period of a year and a day was a conventional period widely employed in Europe to represent a significant amount of time.

Contents

From the 11th century onwards, liberated serfs and other members of the Third Estate founded settlements alongside the old Roman or Germanic ones. It was customary law that a city resident was free after one year and one day. After this he could no longer be reclaimed by his employer and thus became bound to the city. Serfs could flee the feudal lands and gain freedom in this way, making cities a territory outside the feudal system to a certain extent. This created the conditions for the revolts such as the Münster Rebellion.

With the Statutum in favorem principum ("Statute in Favor of the Princes"), this regulation of customary law was officially abolished for the Holy Roman Empire in 1231/32. According to the statute, cities under royal jurisdiction were forbidden to protect serfs originally owned by the regional princes or their vassals. The statute is an example of power devolving from Imperial authority to that of territorial magnates during the drawn-out contest between the Hohenstaufen emperors and the Papacy.

The medieval concept of liberty was largely confined to traditional collective rights and privileges based in custom and precedent and often expressed in territorial liberties such as, to take English examples, the Liberties of the Tower of London or the Liberties of the Savoy. Historically, the development of individualism is a product of the ideology of liberalism, whose emphasis on modern individual liberties and freedom emerged in opposition to authoritarian oppression, in England culminating in the Glorious Revolution of 1688, and in France surfacing during the French Revolution.

See also

Notes

  1. In Modern German it is pronounced [ˈʃtatlʊftˈmaxtˈfʁaɪ] .

Related Research Articles

<i>Arbeit macht frei</i> German phrase known for appearing on the entrance of Nazi concentration camps

Arbeit macht frei ( ) is a German phrase translated as "Work makes one free" or more idiomatically "Work sets you free".

<span class="mw-page-title-main">Feudalism</span> Legal and military structure in medieval Europe

Feudalism, also known as the feudal system, was a combination of legal, economic, military, cultural, and political customs that flourished in medieval Europe from the 9th to 15th centuries. Broadly defined, it was a way of structuring society around relationships derived from the holding of land in exchange for service or labour.

<span class="mw-page-title-main">Manorialism</span> Economic, political and judicial institution during the Middle Ages in Europe

Manorialism, also known as seigneurialism, the manor system or manorial system, was the method of land ownership in parts of Europe, notably France and later England, during the Middle Ages. Its defining features included a large, sometimes fortified manor house in which the lord of the manor and his dependants lived and administered a rural estate, and a population of labourers or serfs who worked the surrounding land to support themselves and the lord. These labourers fulfilled their obligations with labour time or in-kind produce at first, and later by cash payment as commercial activity increased. Manorialism was part of the feudal system.

<span class="mw-page-title-main">Magna Carta</span> English charter of freedoms, 1215

Magna Carta Libertatum, commonly called Magna Carta or sometimes Magna Charta, is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardinal Stephen Langton, to make peace between the unpopular king and a group of rebel barons, it promised the protection of church rights, protection for the barons from illegal imprisonment, access to swift and impartial justice, and limitations on feudal payments to the Crown, to be implemented through a council of 25 barons. Neither side stood by their commitments, and the charter was annulled by Pope Innocent III, leading to the First Barons' War.

<span class="mw-page-title-main">Bill of Rights 1689</span> English civil rights legislation

The Bill of Rights 1689 is an Act of the Parliament of England that set out certain basic civil rights and clarified who would be next to inherit the Crown. It remains a crucial statute in English constitutional law.

<span class="mw-page-title-main">Prince-bishop</span> Bishop who also rules a principality

A prince-bishop is a bishop who is also the civil ruler of some secular principality and sovereignty, as opposed to Prince of the Church itself, a title associated with cardinals. Since 1951, the sole extant prince-bishop has been the Bishop of Urgell, Catalonia, who has remained ex officio one of two co-princes of Andorra, along with the French president.

<span class="mw-page-title-main">Serfdom</span> Status of peasants under feudalism

Serfdom was the status of many peasants under feudalism, specifically relating to manorialism, and similar systems. It was a condition of debt bondage and indentured servitude with similarities to and differences from slavery. It developed during the Late Antiquity and Early Middle Ages in Europe and lasted in some countries until the mid-19th century.

<span class="mw-page-title-main">Estates of the realm</span> Broad orders of social hierarchy

The estates of the realm, or three estates, were the broad orders of social hierarchy used in Christendom from the Middle Ages to early modern Europe. Different systems for dividing society members into estates developed and evolved over time.

<span class="mw-page-title-main">Corvée</span> Form of intermittent, unpaid, unfree labour

Corvée is a form of unpaid forced labour that is intermittent in nature, lasting for limited periods of time, typically only a certain number of days' work each year. Statute labour is a corvée imposed by a state for the purposes of public works. As such it represents a form of levy (taxation). Unlike other forms of levy, such as a tithe, a corvée does not require the population to have land, crops or cash.

<span class="mw-page-title-main">Patrician (post-Roman Europe)</span> Post-Roman European social class

Patricianship, the quality of belonging to a patriciate, began in the ancient world, where cities such as Ancient Rome had a social class of patrician families, whose members were initially the only people allowed to exercise many political functions. In the rise of European towns in the 12th and 13th centuries, the patriciate, a limited group of families with a special constitutional position, in Henri Pirenne's view, was the motive force. In 19th century Central Europe, the term had become synonymous with the upper Bourgeoisie and cannot be interchanged with the medieval patriciate in Central Europe. In the maritime republics of the Italian Peninsula as well as in German-speaking parts of Europe, the patricians were as a matter of fact the ruling body of the medieval town. Particularly in Italy, they were part of the nobility.

High, middle and low justices are notions dating from Western feudalism to indicate descending degrees of judicial power to administer justice by the maximal punishment the holders could inflict upon their subjects and other dependents.

The term Stift is derived from the verb stiften and originally meant 'a donation'. Such donations usually comprised earning assets, originally landed estates with serfs defraying dues or with vassal tenants of noble rank providing military services and forwarding dues collected from serfs. In modern times the earning assets could also be financial assets donated to form a fund to maintain an endowment, especially a charitable foundation. When landed estates, donated as a Stift to maintain the college of a monastery, the chapter of a collegiate church or the cathedral chapter of a diocese, formed a territory enjoying the status of an imperial state within the Holy Roman Empire then the term Stift often also denotes the territory itself. In order to specify this territorial meaning the term Stift is then composed with hoch as the compound Hochstift, denoting a prince-bishopric, or Erzstift for a prince-archbishopric.

<i>Sachsenspiegel</i> Medieval German Law Book

The Sachsenspiegel is one of the most important law books and custumals compiled during the Holy Roman Empire. Originating between 1220 and 1235 as a record of existing local traditional customary laws and rulings, it was used in places until as late as 1900. Some legal principles as captured in the book reign into recent time laws throughout Europe. It is important not only for its lasting effect on later German and Dutch law but also as an early example of written prose in a Low German language. The Sachsenspiegel is the first comprehensive law book not in Latin, but in Middle Low German. A Latin edition is known to have existed, but only fragmented chapters remain.

In the law of the Middle Ages and early modern period, especially within the Holy Roman Empire, an allod, also allodial land or allodium, is an estate in land over which the allodial landowner (allodiary) had full ownership and right of alienation.

<span class="mw-page-title-main">Old French law</span>

Old French law, referred to in French as l'Ancien Droit, was the law of the Kingdom of France until the French Revolution. In the north of France were the Pays de coutumes, where customary laws were in force, while in the south were the Pays de droit écrit, where Roman law had remained paramount. Roughly speaking, the line separating the two areas was the river Loire, from Geneva to the mouth of the Charente, although this was not a firm border between the two categories of law. As worded by George Mousourakis, "in both zones, the law in force also included elements derived from royal, feudal, and canonical sources."

<span class="mw-page-title-main">Villein</span> Type of social status in medieval Europe

A villein is a class of serf tied to the land under the feudal system. As part of the contract with the lord of the manor, they were expected to spend some of their time working on the lord's fields in return for land. Villeins existed under a number of legal restrictions that differentiated them from freemen, and could not leave without his lord's permission. Generally, villeins held their status not by birth but by the land they held, and it was also possible for them to gain manumission from their lords. The villeinage system largely died out in England in 1500, with some forms of villeinage being in use in France until 1789.

The history of English land law can be traced back to Roman times. Throughout the Early Middle Ages, where England came under rule of post-Roman chieftains and Saxon monarchs, land was the dominant source of personal wealth. English land law transformed further from the Saxon days, particularly during the post-Norman Invasion feudal encastellation and the Industrial Revolution. As the political power of the landed aristocracy diminished and modern legislation increasingly made land a social form of wealth, subject to extensive social regulation such as for housing, national parks, and agriculture.

<span class="mw-page-title-main">Grand Burgher</span> Specific conferred or inherited title of medieval German origin

Grand Burgher [male] or Grand Burgheress [female] is a specific conferred or inherited title of medieval German origin and legally defined preeminent status granting exclusive constitutional privileges and legal rights. Grand Burghers were magnates and subordinate only to the Emperor, independent of feudalism and territorial nobility or lords paramount.

<span class="mw-page-title-main">Toleration Act 1688</span> United Kingdom legislation

The Toleration Act 1689, also referred to as the Act of Toleration, was an Act of the Parliament of England. Passed in the aftermath of the Glorious Revolution, it received royal assent on 24 May 1689.

Serfdom has a long history that dates to ancient times.

References

http://www.flowofhistory.com/units/west/10/FC63 Archived 2010-12-26 at the Wayback Machine