Stadtluft macht frei
Encyclopedia
Stadtluft macht frei 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.
From the 11th century onwards, liberated serfs
and other members of the Third Estate founded settlements alongside the old Roman
or Germanic
. 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 prince
s or their vassal
s. 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 privilege
s 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
.
German language
German is a West Germanic language, related to and classified alongside English and Dutch. With an estimated 90 – 98 million native speakers, German is one of the world's major languages and is the most widely-spoken first language in the European Union....
saying describing a principle of law in the Middle Ages
Middle Ages
The Middle Ages is a periodization of European history from the 5th century to the 15th century. The Middle Ages follows the fall of the Western Roman Empire in 476 and precedes the Early Modern Era. It is the middle period of a three-period division of Western history: Classic, Medieval and Modern...
. The period of a year and a day
Year and a day rule
The year and a day rule has been a common traditional length of time for establishing differences in legal status. The phrase "year and a day rule" is most commonly associated with the former common law standard that death could not be legally attributed to acts or omissions that occurred more...
was a conventional period widely employed in Europe to represent a significant amount of time.
From the 11th century onwards, liberated serfs
Serfdom
Serfdom is the status of peasants under feudalism, specifically relating to Manorialism. It was a condition of bondage or modified slavery which developed primarily during the High Middle Ages in Europe and lasted to the mid-19th century...
and other members of the Third Estate founded settlements alongside the old Roman
Roman Empire
The Roman Empire was the post-Republican period of the ancient Roman civilization, characterised by an autocratic form of government and large territorial holdings in Europe and around the Mediterranean....
or Germanic
Germanic peoples
The Germanic peoples are an Indo-European ethno-linguistic group of Northern European origin, identified by their use of the Indo-European Germanic languages which diversified out of Proto-Germanic during the Pre-Roman Iron Age.Originating about 1800 BCE from the Corded Ware Culture on the North...
. It was customary law that a city resident was free after one year and one day
Year and a day rule
The year and a day rule has been a common traditional length of time for establishing differences in legal status. The phrase "year and a day rule" is most commonly associated with the former common law standard that death could not be legally attributed to acts or omissions that occurred more...
. 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
Münster Rebellion
The Münster Rebellion was an attempt by radical Anabaptists to establish a communal sectarian government in the German city of Münster. The city became an Anabaptist center from 1534 to 1535, and fell under Anabaptist rule for 18 months — from February 1534, when the city hall was seized and...
With the Statutum in favorem principum
Statutum in favorem principum
The Statutum in favorem principum of May 1232 counts as one of the most important sources of law of the Holy Roman Empire on German territory.- Origin :...
("Statute in Favor of the Princes"), this regulation of customary law was officially abolished for the Holy Roman Empire
Holy Roman Empire
The Holy Roman Empire was a realm that existed from 962 to 1806 in Central Europe.It was ruled by the Holy Roman Emperor. Its character changed during the Middle Ages and the Early Modern period, when the power of the emperor gradually weakened in favour of the princes...
in 1231/32. According to the statute, cities under royal jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
were forbidden to protect serfs originally owned by the regional prince
Prince
Prince is a general term for a ruler, monarch or member of a monarch's or former monarch's family, and is a hereditary title in the nobility of some European states. The feminine equivalent is a princess...
s or their vassal
Vassal
A vassal or feudatory is a person who has entered into a mutual obligation to a lord or monarch in the context of the feudal system in medieval Europe. The obligations often included military support and mutual protection, in exchange for certain privileges, usually including the grant of land held...
s. The statute is an example of power devolving from Imperial authority to that of territorial magnates during the drawn-out contest between the Hohenstaufen
Hohenstaufen
The House of Hohenstaufen was a dynasty of German kings in the High Middle Ages, lasting from 1138 to 1254. Three of these kings were also crowned Holy Roman Emperor. In 1194 the Hohenstaufens also became Kings of Sicily...
emperors and the Papacy.
The medieval concept of liberty
Liberty
Liberty is a moral and political principle, or Right, that identifies the condition in which human beings are able to govern themselves, to behave according to their own free will, and take responsibility for their actions...
was largely confined to traditional collective rights and privilege
Privilege
A privilege is a special entitlement to immunity granted by the state or another authority to a restricted group, either by birth or on a conditional basis. It can be revoked in certain circumstances. In modern democratic states, a privilege is conditional and granted only after birth...
s based in custom
Custom
Custom may refer to:* Convention , a set of agreed, stipulated or generally accepted rules, norms, standards or criteria, often taking the form of a custom* Customization , anything made or modified to personal taste...
and precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
and often expressed in territorial liberties
Liberty (division)
Originating in the Middle Ages, a liberty was traditionally defined as an area in which regalian rights were revoked and where land was held by a mesne lord...
such as, to take English examples, the Liberties of the Tower of London
Liberties of the Tower of London
The Liberties of the Tower, or the Tower Liberty was an area adjoining the Tower of London, which was outside the jurisdiction of either the City of London or the County of Middlesex....
or the Liberties of the Savoy. Historically, the development of individualism
Individualism
Individualism is the moral stance, political philosophy, ideology, or social outlook that stresses "the moral worth of the individual". Individualists promote the exercise of one's goals and desires and so value independence and self-reliance while opposing most external interference upon one's own...
is a product of the ideology of liberalism
Liberalism
Liberalism is the belief in the importance of liberty and equal rights. Liberals espouse a wide array of views depending on their understanding of these principles, but generally, liberals support ideas such as constitutionalism, liberal democracy, free and fair elections, human rights,...
, whose emphasis on modern individual liberties and freedom emerged in opposition to authoritarian oppression, in England culminating in the Glorious Revolution
Glorious Revolution
The Glorious Revolution, also called the Revolution of 1688, is the overthrow of King James II of England by a union of English Parliamentarians with the Dutch stadtholder William III of Orange-Nassau...
of 1688, and in France surfacing during the French Revolution
French Revolution
The French Revolution , sometimes distinguished as the 'Great French Revolution' , was a period of radical social and political upheaval in France and Europe. The absolute monarchy that had ruled France for centuries collapsed in three years...
.
See also
- "The air of England is too pure for a slave to breathe"Slavery at common lawSlavery at common law in former colonies of the British Empire, developed slowly over centuries, characterised by inconsistent decisions and varying rationales for the treatment of slavery, the slave trade, and the rights of slaves and slave owners...
- LandfluchtLandfluchtLandflucht , also known as rural exodus, refers to the mass migration of peasants into the cities that occurred in Germany in the late 19th century.-Background:...