Proskrypcja i banicja w miastach pruskich późnego średniowiecza

Jeziorski, Paweł Artur

doi:978-83-63352-87-5

Proskrypcja i banicja w miastach pruskich późnego średniowiecza

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Tytuł: Proskrypcja i banicja w miastach pruskich późnego średniowiecza

Abstrakt:

The purpose of the present study is to describe the use of proscription (coercive court action) and banishment (punishment) in the judicial practice Prussian towns and cities of the late Middle Ages. Proscription, applied mainly in the case of people charged with non-infamous offences (such as homicide or injury), was known in all the types of the German town laws present in the Teutonic State in Prussia (the laws of Magdeburg, Kulm [Chełmno] and Lübeck). A major difference between proscription and banishment was that the first was not a punishment but only a means aimed to induce the accused to appear in person at the trial. But proscription found in the late medieval Lübeck law had distinct characteristics of a penalty, which resulted in its identification with banishment. The late Middle Ages witnessed the process of gradual assimilation of the real results of proscription and banishment also in Prussian towns. More and more often proscription was defined not only as the deprivation of the benefit and protection of law (the proscribed, by his non-appearance before the court, confirmed that he did not respect the rule of law), but also as the order of expulsion from the area covered by the jurisdiction of the court which imposed the order (court district). In practice, proscription was applied also to people accused of infamous crimes, such as theft. An excellent material for study into the practical application of proscription (with some cases of banishment) is provided by the registers of proscribed Prussian towns and cities.