''Stadtluft macht frei''In Modern German it is pronounced . ("urban air makes you free"), or ''Stadtluft macht frei nach Jahr und Tag'' ("city air makes you free after a year and a day"), is a

German German(s) may refer to: * Germany, the country of the Germans and German things **Germania (Roman era) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizenship in Germany, see also Ge ...

saying describing a principle of law in the

Middle Ages In the history of Europe, the Middle Ages or medieval period lasted approximately from the 5th to the late 15th centuries, similarly to the post-classical period of global history. It began with the fall of the Western Roman Empire and ...

. 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 Serfdom was the status of many peasants under feudalism, specifically relating to manorialism and similar systems. It was a condition of debt bondage and indentured servitude with similarities to and differences from slavery. It developed dur ...

and other members of the

Third Estate The estates of the realm, or three estates, were the broad orders of social hierarchy used in Christendom (Christian Europe) from the Middle Ages to early modern Europe. Different systems for dividing society members into estates developed and ...

founded settlements alongside the old

Roman Roman or Romans most often refers to: *Rome, the capital city of Italy *Ancient Rome, Roman civilization from 8th century BC to 5th century AD *Roman people, the people of Roman civilization *Epistle to the Romans, shortened to Romans, a letter w ...

or Germanic ones. It was

customary law A legal custom is the established pattern of behavior within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists wher ...

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 revolts such as the

Münster Rebellion The Münster rebellion (, "Anabaptist dominion of Münster") was an attempt by radical Anabaptists to establish a communal sectarian government in the German city of Münster then under the large Prince-Bishopric of Münster in the Holy Rom ...

. With the

Statutum in favorem principum The ''Statutum in favorem principum'' ("Statute in favour of the princes") of 1231, reaffirmed in 1232, counts as one of the most important sources of law of the Holy Roman Empire on German territory. In May 1231 Frederick II's son Henry, King ...

("Statute in Favor of the Princes"), this regulation of customary law was officially abolished for the

Holy Roman Empire The Holy Roman Empire, also known as the Holy Roman Empire of the German Nation after 1512, was a polity in Central and Western Europe, usually headed by the Holy Roman Emperor. It developed in the Early Middle Ages, and lasted for a millennium ...

in 1231/32. According to the statute, cities under royal

jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...

were forbidden to protect serfs originally owned by the regional

prince A prince is a male ruler (ranked below a king, grand prince, and grand duke) or a male member of a monarch's or former monarch's family. ''Prince'' is also a title of nobility (often highest), often hereditary, in some European states. The ...

s or their

vassal A vassal or liege subject is a person regarded as having a mutual obligation to a lord or monarch, in the context of the feudal system in medieval Europe. While the subordinate party is called a vassal, the dominant party is called a suzerain ...

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 The Hohenstaufen dynasty (, , ), also known as the Staufer, was a noble family of unclear origin that rose to rule the Duchy of Swabia from 1079, and to royal rule in the Holy Roman Empire during the Middle Ages from 1138 until 1254. The dynast ...

emperors and the

Papacy The pope is the bishop of Rome and the Head of the Church#Catholic Church, visible head of the worldwide Catholic Church. He is also known as the supreme pontiff, Roman pontiff, or sovereign pontiff. From the 8th century until 1870, the po ...

. The medieval concept of

liberty Liberty is the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views. The concept of liberty can vary depending on perspective and context. In the Constitutional ...

was largely confined to traditional collective rights and privileges based in

custom Custom, customary, or consuetudinary may refer to: Traditions, laws, and religion * Convention (norm), a set of agreed, stipulated or generally accepted rules, norms, standards or criteria, often taking the form of a custom * Mores, what is wid ...

and

precedent Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by thin ...

and often expressed in territorial ''liberties'' such as, to take English examples, the

Liberties of the Tower of London The Liberties of the Tower, or the Tower Liberty, was a liberty in the London Borough of Tower Hamlets, Central London, which includes both Tower Hill and the Tower of London. The area was defined sometime after 1200 to provide an open area aroun ...

or the Liberties of the Savoy. Historically, the development of

individualism Individualism is the moral stance, political philosophy, ideology, and social outlook that emphasizes the intrinsic worth of the individual. Individualists promote realizing one's goals and desires, valuing independence and self-reliance, and a ...

is a product of the ideology of

liberalism Liberalism is a Political philosophy, political and moral philosophy based on the Individual rights, rights of the individual, liberty, consent of the governed, political equality, the right to private property, and equality before the law. ...

, whose emphasis on modern ''individual'' liberties and freedom emerged in opposition to authoritarian oppression, in England culminating in the

Glorious Revolution The Glorious Revolution, also known as the Revolution of 1688, was the deposition of James II and VII, James II and VII in November 1688. He was replaced by his daughter Mary II, Mary II and her Dutch husband, William III of Orange ...

of 1688, and in France surfacing during the French Revolution.

Notes

References

*Heinrich Mitteis (1952): "Über den Rechtsgrund des Satzes »" City air makes free ", in: Festschrift Edmund E. Stengel for the 70th Birthday, Munster-Cologne, p. 342-358. (also in"Die Stadt des Mittelalters", Vol 2, eds. C. Haase, Darmstadt 1976, p. 182-202. ) http://www.flowofhistory.com/units/west/10/FC63 {{Webarchive, url=https://web.archive.org/web/20101226093123/http://www.flowofhistory.com/units/west/10/FC63 , date=2010-12-26 Medieval law German words and phrases Legal doctrines and principles

See also

Notes

References