Sempiternal peace

The sempiternal peace , issued the August 7th 1495 under the emperor Maximilien Ier, pronounces the final and permanent suspension right to make justice oneself medieval, in all the Germanic Roman Holy roman Empire. Actually, the quarrels continue with the center even Empire until the 16th century in spite of formal prohibition.

Sempiternal peace concludes the development from the movement of law and order which after several attempt during the 12th century leads to a significant failure with the Paix of Mainz in 1235. It firstly aimed the lower middle class which had not followed during the lawsuit of the formation of the majestic territories. This “joy of going justice oneself” contradicted the intention of princes d' Empire and the free cities which wanted to consolidate their territories and of bringing peace to them. The application of the rights was not to be done any more by the combat but by the legal way.

The law of Empire was marked with the Diète of Worms. Thus, the capacity of the legal way was in theory set up in front of the authorities of the Empire and the territories even if the acceptance of this principle were to be possible only after several generations. Sempiternal Peace formulated in the modern direction the monopoly of the State in particular the public authority.

The formulation of Sempiternal Peace is integrated in the development of this time in other European countries in whom the monopoly of the capacity and the public authority were accepted because the conflicts were to be regulated by justice. In these countries, the lawsuit of the formation of State had concluded that one could certify with these countries clear external borders. The quarrel of private law was prohibited and was repressed inside: the culprits were to carry out the future national war outside.

With the monopoly of the capacity through the public authority, sempiternal peace is significant from another point of view. It was into force everywhere and for all and the infringements were absolutely to be sanctioned. In these countries, the lawsuit concluded that one could certify external borders with these countries. The private quarrel of law was inside prohibited and réprimandée.
Sempiternal peace is also significant from another point of view. It was into force everywhere and the infringements were to be absolutely sanctioned. There was also with the Middle Ages of the limitations specific or temporal of the right to be made justice oneself for example during the crusades, one prohibited the explanations about the absences of the emperor out of the empire. To accept this sempiternal peace, one needed a functional justice in the Empire. For his safeguarding, one created the regional Tribunal with Francfort-sur-le-Main like more the legal high authority, which later was transferred to Spire then Wetzlar. As the regional court and the Cercles of empire without stop were occupied by the States of the empire, one created the protection of peace in the empire which was not any more the only monopoly of the king.

Topicality

The protection of sempiternal peace is today still an important good of the legal order. The Atteinte with the law and order is strongly condemned by the Penal code. The state recognizes the recourse to violence only for certain circumstances like the self-defense.

See too

Bibliography on the subject

Axel Gotthard : Das alte Reich 1495-1806 , Darmstadt 2003
H.H Hoffmann: Quellen zur Verfassungsorganisation of Heiligen Römischen Reiches Deutscher Nation 1495-1815 , Darmstadt 1976

Bonds Internet

Ewiger Landfrieden
sempiternal Peace
Diet of Worms

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