The law system of the early modern age



These two men defined the laws, of the holy roman reich for more than 300 years. In absence of Emperor Charles V Freiherr of Schwartzenberg was his substitute.

Although he was not a lawyer he published the CAUTIO CRIMINALIS BAMBERGENSIS

in the year 1507. About 90 % of these laws became the basis for the CAUTIO CRIMINALIS CAROLINA of Emperor Charles V in 1532.

The following links provide access to both of those law systems, but unfortunately there is no translation for these books in english (maybe somebody knows one ? )

Download the "Bambergensis" (in German)

http://www.uni-mannheim.de/mateo/desbillons/bambi.html

Download the "CCC" (in German)

http://www.llv.li/pdf-llv-la-recht-1532__peinliche_halsgerichtsordnung__carolina_.pdf

Judicial system

The prince bishop represented worldly and ecclesiastical power in the area of the Bamberger Hochstift in personal union.

Already since 1507 was valid on her Highness's area a criminal trial order basing on the Bamberger town right, so-called "Constitutio Criminalis Bambergensis", from the feather of emperor Charles V. Imperial governor of Schwartzenberg.

In 1532 emperor Karl V remitted the embarrassing court order. The imperial-far valid „Constitutio Criminalis Carolina “ took up the "Bambergensis" in her penal part. Magic, murder, manslaughter, Räuberei and arson were treated as equal in her reprehensibility as heavy crimes.

The procedure regulation of Carolina led, the so-called Ordalprozeß one.

As an approved evidence was valid therefore also the ordeal.

The argumentation by ordeal beinhaltete the iron, fire test and the water test, as well as other procedures. These were based on the theory that the innocent is defeated and the culprit survives the extreme ordeal with the help of diabolical work. In this respect happened an entire separation of a clues and confession process.

This process form was regulated by Carolina till the last detail. The confession of the defendants was valid from now on as the most dependable means of the Wahrheitsfindung.

The torture which was already applied with former processes to the enforcement of a confession was confirmed by the "Carolina" legally.

"Painfull interrogation " calls the action: Embarrassingly questioned, derived by torment, pain, tells to torment.

At the same time rules were fixed for her use. Only by the presentation of definite causes for suspicion (clues) might be tormented. A confession stored under the torture was valid only when it was repeated beyond the torture voluntarily.

Only unfortunately, this apparently human regulation introduced nothing in the defendant really, nevertheless, threatened him with the cancellation of the confession once more the torture.

If the debt confession of the tormented was given, the blood court met after default of Carolina. The court day served not the reaching the verdict, but to his ceremonious announcement. Because the law intended no possibility of the appeal, the enforcement of the judgment could join immediately. For witches the pyre was established according to the model of the inquisition.

The theoretical basis of the process waves tapers to a point in the work Heinrich Institoris of 1487, to "Malleus Maleficarum„, better known than the "witch's hammer". A commenting the pope's bull "witch's bull" Innozenz IV of 1484.

The containment of these criminal crazy apprenticeships had to go only with the work of the Jesuit's father Friedrich von Spees to whom "Cautio Criminalis" occur from 1631.