Zwing (or Twing) und Bann is a Swiss feudal set of rules and regulations governing justice and punishment in a village or villages. Zwing and Twing are different spellings based on the local Swiss German dialect. The magistrate or Zwing(Twing)herr had legally binding rules and regulations in the exercise of low justice in his private jurisdiction. The Twingrecht, the right to judge and punish, was handed down orally until the late Middle Ages. A county court (or Twing/Zwing) included one or usually several villages.
Contents
Origin
The original term came from the Latin Districtus et bannus though Middle High German (twinc meaning force or violence and ban meaning command or prohibition).
History
Starting in the 13th century Zwing und Bann appears in contracts of sale and indicated that the land holder had "all powers other than death". There is no further clarification, though it appears that robbery and other serious crimes were intended to be handled by the higher courts. From this it would appear that the right included full sovereignty to the exclusion of the death sentence. But starting in the 15th Century, some legal battles show that the situation was not so clear at the mutual boundary between high and low justice. An additional source of conflict came about since the concept of Zwing und Bann could vary depending on the territories.
In general, the Zwing/Twing is synonymous with the manor's village or an independent village. The Zwingherrschaft including the office of judge and the right to impose fines, pasture authority and a duty to protect individuals, and was therefore similar to a bailiff, though acting on a smaller level. The Lord took care of minor crimes and misdemeanors, civil matters involving property, inheritance and money debts. He was also the master of common land and water, he could make them available to farmers or to otherwise deny them access ("bann"). He reserved the right to fish, or could grant that right to individuals or the community. He could grant concessions or licenses to operate community buildings such as inns, mills, presses and forges (or, in the locations of some importance, to bakeries, butcher shops, tanneries and dye works) and compel his subjects to use them. When multiple owners shared the ban and a city court, the profit was proportional to the share of each.
Starting in the Late Middle Ages Zwing und Bann, which had been handed down orally, was codified. This was a reaction to abuses of power by the overlords against the local leaders or peasant communities. According to the local Customs, the Twinggericht court had jurisdiction over cases of assault without too serious injuries (fractures, bleeding and bloodless wounds by stabbing, throwing, scratching and hitting, knife possession and burglary), breach of domestic peace, violations of honor and morality, border disputes, pastoral or forestry crimes (crop damage and trespassing) and could seize property. For medium-serious offenses, a distinction is based precisely on seriousness of the crime, for example "breaking the word of the oath peaceably" would go to the lower court, while "breaking the oath of peace by armed force" was within the jurisdiction of the high court. The court was usually composed of twelve lay people, was chaired by a representative of the lord (the Amtmann i.e. bailiff). The maximum penalty was three schillings for offenses against crops, up to three pounds for more serious offenses (injury or defamation) and even higher for repeat offenders.