IV. Erzählen vor Gericht: Die Basler Zeugenverhörprotokolle der Jahre 1475–1480

Abstract

Summary Since the 13th century, the interrogation of witnesses has been firmly anchored in medieval finding of justice. Theory and practice are in a reciprocal relationship with society, which recurs to testimonies in order to find justice. The level of reflection in the law books is high. Particular attention is paid to the question of who must be excluded from the witness stand, whereas the question of who is suitable is of secondary interest. On the one hand, the law books identify groups of people who are to be excluded, on the other hand, they discuss time-specific forms of social solidarities and hostilities from which bias results. In legal practice, the relationship between law and society presents itself as a tense one. As in Marseille (14th century), the balance can be favoured by the procedure (catalogue of questions) in favour of society, and social solidarities can homogenise the witness depositions. But the same procedure can also individualise them in the sense of the law, as in Aragón in the 15th and 16th century. In the late medieval Rhine metropolis of Basel, on which this contribution focusses, the balance also turns out in favour of the law, though the individual testimony does not follow a fixed grid of questions.