Setting with the round of applause

The put at the round of applause of the Empire (in German Reichsacht , of vx high German ahta = continuation) was with the Middle Ages a measurement of proscription taken against an individual or to a community (typically: a city or a region), and whose authority was recognized in all the Saint Worsens and states of German language. This sorrow was inflicted with the Middle Ages on decision of the emperor, then until the XVIIIe century by the Reichskammer , the supreme court of the Saint Germanic Roman Empire.

With the Middle Ages

With the Middle Ages, the weight of the Common law and Right seigneurial, and the distance of the royal capacity harmed the application of the sorrows of justice: the mysteries of the local right as well as slowness of information left to the culprits several possibilities of being withdrawn from their responsibility. The setting with the round of applause, by depriving the defendant of his rights, made it possible justice to be based on the community to punish one condemned imperceptible: each and everyone could from now on be caught some with him without any reserve.

The proscription existed already as well at the Germains as in the Roman République, when an individual was declared sacer . Condemned became one bet: deposed of its Legal capacity, each and everyone could kill it with impunity or strip it. The goods of those which were put at the round of applause returned in theory to the authority which proclaimed this judgment, i.e. the emperor or the court of empire.

Could exonerate from a setting to the round of applause only that which, of itself, freely, and before the expiry of a time of injunction, was presented in front of its judges and accepted his punishment. With the expiry of the period of injunction (one year and a day), condemned put at the great round of applause was struck automatically, which was equivalent to a universal and irreversible decision of catch of body (this sorrow became however later reversible).

To raise a setting to the round of applause, condemned was to pay all its creditors and to pour a certain allowance of repair. It then recovered the integrality of its rights (Established among, of property, plaid, etc). The thirds which during the proscription had had the pleasure of the seized goods, were to restore them entirely with condemned, but they could however preserve the product drawn from these goods during the proscription.

As from 1220, the setting with the round of applause was not only any more within the competence of the King of the Romans and the emperor: at the end of article 7 of the Confœderatio cum principibus ecclesiasticis , a judgment of Excommunication (or Anathema ) was followed automatically at the end of six weeks of setting to the round of applause, without same as it is necessary to have carried charge or of civil judgment. However later on the lawsuit was imposed by the courts of empire, the Holy-Vehme then the Reichskammer , with the assistance of the king or the emperor. At the end of articles 25 and 26 of the Peace of Mainz (1235), the setting with the round of applause was extended to the communities or the individuals who offered themselves assistance and asylum to an outlaw.

The setting with the round of applause and the excommunication going almost systematically of par after 1220, the formula excommunicated and put at the round of applause was essential in the courts.

Rebirth with the Lights

By the act of capitulation which was imposed to him into 1519 before its election by the Great Electors, the emperor Charles Quint could not issue any more the setting with the round of applause without making precede his decree by a taking of evidence.

Moreover, during the Rebirth, the distinction between put at the round of applause and put at the large round of applause was lost: the put at the round of applause was nothing any more but one attenuated form of the medieval setting to the round of applause.

The main leaders of inculpation being worth a setting with the round of applause at the time modern were:

the refusal to pour certain taxes
the Crime of lese-majesty ( lesæ crimen majestatis )
the violation of territory or the aggression between states
the refusal to submit with certain legal decisions, like the non-appearance, or the escape (what one calls Contumace).

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