Zwing und Bann is a Swiss

Switzerland

Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....

 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

Swiss German

Swiss German is any of the Alemannic dialects spoken in Switzerland and in some Alpine communities in Northern Italy. Occasionally, the Alemannic dialects spoken in other countries are grouped together with Swiss German as well, especially the dialects of Liechtenstein and Austrian Vorarlberg...

 dialect. The magistrate or Zwing(Twing)herr had legally binding rules and regulations in the exercise of low justice

High, middle and low justice

High, middle and low justices are notions dating from Western feudalism to indicate descending degrees of judiciary power to administer justice by the maximal punishment the holders could inflict upon their subjects and other dependents....

 in his private jurisdiction

Private jurisdiction

Private jurisdiction is the right of an indiviual or a legal entity to establish courts of law. It was prevalent during feudalism.A franchise, such as a corporation, a jurisdiction, or a right to collect certain tolls or taxes, was, in effect, a kind of property: an "incorporeal hereditament"...

. 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.

Origin

The original term came from the Latin Districtus et bannus though Middle High German

Middle High German

Middle High German , abbreviated MHG , is the term used for the period in the history of the German language between 1050 and 1350. It is preceded by Old High German and followed by Early New 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

Manorialism

Manorialism, an essential element of feudal society, was the organizing principle of rural economy that originated in the villa system of the Late Roman Empire, was widely practiced in medieval western and parts of central Europe, and was slowly replaced by the advent of a money-based market...

 or an independent village. The Zwingherrschaft including the office of judge and the right to impose fines, pasture

Pasture

Pasture is land used for grazing. Pasture lands in the narrow sense are enclosed tracts of farmland, grazed by domesticated livestock, such as horses, cattle, sheep or swine. The vegetation of tended pasture, forage, consists mainly of grasses, with an interspersion of legumes and other forbs...

 authority and a duty to protect individuals, and was therefore similar to a bailiff

Bailiff

A bailiff is a governor or custodian ; a legal officer to whom some degree of authority, care or jurisdiction is committed...

, 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

The commons

The commons is terminology referring to resources that are owned in common or shared between or among communities populations. These resources are said to be "held in common" and can include everything from natural resources and common land to software. The commons contains public property and...

, 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

Late Middle Ages

The Late Middle Ages was the period of European history generally comprising the 14th to the 16th century . The Late Middle Ages followed the High Middle Ages and preceded the onset of the early modern era ....

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 (Amtmann, Deputy Bailiff, 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.