Ban on the parish of Obritzberg

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Obritzberg's freedom stone from 1148

The ban on the parish of Obritzberg (market town of Obritzberg-Rust , Lower Austria ) is not only one of the most complete and extensive ban things , but also one of the oldest written legal regulations for the lower jurisdiction .

It is closely related to the establishment of the Obritzberg parish in 1148, which from that point on was a separate manor (in this case a parish). The pastors of Obritzberg were also represented in the state from then on .

Historical background and transfer of jurisdiction

In the year 888 gave King Arnulf of Carinthia its ministerials Heimo, the son of Count Witigowo, on its own property in Grunzwiti (today's village Grünz ) where the limit Count Aribo I. board and with its consent righteousness , so much so that neither the Count Witigowo nor any public judge or a court person against Heimo's possessions (it is an inheritance) and people (= free and bonded) may undertake any legal act, but Heimo and his legal successors should be entitled to these rights (= justice ).

This transfer of jurisdiction happened on the condition that Heimo had to build a permanent defense structure as well as a refuge and a guard station. This was achieved by building a weir system on the church hill of Obritzberg.

The transfer of jurisdiction was the basis of the later Banntaidinge.

text

The content and scope were constantly supplemented and published in the form now preserved in the 16th century.

In the following 52 articles an attempt was made to give an understandable interpretation of the ban on the parish of Obritzberg. The transfer of the ban taiiding into a language that is more understandable for us today was done by Helmuth Feigl , the director of the state archive for Lower Austria .

  • Article 1: Here it is emphasized that the Duke or Archduke of Austria as sovereign has the duty to protect and shield ("vogten") the Church of St. Lorenz (Laurentius) in Obritzberg free of charge ("for God's sake") .
  • Article 2: The subjects of the parish church in Obritzberg are obliged to support the sovereign by paying taxes in the event of war.
  • Article 3: The pastor of Obritzberg is entitled to manorial rights over his subjects. They are obliged to help the pastor with word and deed to the best of their ability and to support him.
  • Article 4: The pastor has jurisdiction over his subjects; serious crimes are excluded. Examples of this are manslaughter, theft, clandestine arson and rape of a virgin.
  • Article 5: The fines belong to the pastor as judge. However, if he cannot bring it in because of the disobedience of the punished, then the sovereign or a representative appointed by him as bailiff should help him. In this case, the sovereign or his representative receives a third of the fine as reward for his efforts.
  • Article 6: Anyone who bears a guarantee for strangers, that is, for people who are not subjects of the pastor, or who bears a deposit, is guilty of a fine of 5 pounds pfennigs. In the case of deposit, a debtor or his surety undertakes to stay in an inn at the expense of the creditor until the debt has been paid in full.
  • Article 7: The pastor is entitled to seize his subjects for owed taxes and interest payments. If they are guilty of an offense, the pastor has the right to demand appropriate punishment. If the subjects do not want to be obedient to the pastor, then the pastor should first turn to the bailiff and the sixes. (The bailiff was a community functionary elected by the subjects, the six were 6 men who exercised the function of a community council and lay judges at court hearings). Should the subject also not be obedient to the bailiff and the six, then the pastor should turn to the bailiff (that is, the sovereign), who should then force the holy ones to obey.
  • Article 8: The subjects of Obritzberg only have to pay taxes in special cases: to the sovereign when the country is in great need, or to the pastor when a new bishop of Passau is appointed to his office. It should be noted by way of explanation that the individual pastors at the episcopal ordination had to do high "admiration".
  • Article 9: The basic subjects of the pastor are obliged to the Vogt (= the sovereign prince) to the robot. But if the pastor needs them for similar services, then the subjects should also do the service for him.
  • Article 10: The pastor is not obliged to pay the beverage tax on the ungeld when serving wine in the rectory. But he shouldn't put out a sign, nor let the wine be served. So it corresponds to the old customary law.
  • Article 11: The pastor is also not obliged to pay Tatz's beverage tax (typo?).
  • Article 12: If a subject of the parish Obritzberg inherits a property or buys a property, then he should appear at the pastor within 14 days to receive the property. If he fails to do so, he pays a fine of 72 pfennigs. The subject property is referred to here as fiefdom, half-feud or castle rights.
  • Article 13: The pastor of Obritzberg has the right to hunt small game (birds, rabbits and foxes are expressly mentioned) and the right to use on his grounds, in the Riedt, on the Fensberg and in the Brunnadern, on the Plüchl and in the Arztleiten the waters.
  • Article 14: In Obritzberg - in the area of ​​the church, rectory and freedom stone - there is a right of asylum. Those who are granted asylum by the pastor or the bailiff initially receive it for 3 days. If he leaves the asylum district after these 3 days and goes back again, he has a further 3 days of asylum. 3 days of asylum each cost 12 pfennigs.
  • Article 14a: The pastor has the right to appoint a judge or bailiff, taking into account the choice of his subjects.
  • Article 15: If a subject of the pastor of Obritzberg commits a theft or is mistaken for a criminal, then the pastor or the bailiff should arrest this subject and bring him to the stone at the rectory. What the subject carries with him belongs to the house of God. With the aforementioned stone, the subject should be symbolically tied with a stalk of grain, then the bailiff or the district judge should be called three times. If the district judge takes over the process and condemns the subject, every homeowner is obliged to pay the district judge 3 pfennigs.
  • Article 16: If someone comes to the pastor's estate in Obritzberg and makes slanderous speeches or speaks sweary words, he is obliged to give 6 schillings to every homeowner who is obliged to come to the court hearing.
  • Article 17: The subjects of the pastor von Obritzberg are forbidden to visit Taiding zu Absdorf or other court meetings.
  • Article 18: Anyone who starts a dispute or draws his sword on the grounds of the pastor of Obritzberg is to be sentenced to a penalty of 72 pfennigs.
  • Article 19: If it is a knife, the fine is 24 pfennigs.
  • Article 20: Whoever hits someone on the head with his fist pays a fine of 1 penny.
  • Article 21: Whoever hits someone with the hoe pays a fine of 6 Schilling Pfennig.
  • Article 22: A blow with the flat of the hand results in a fine of £ 5 pfennigs. - The high valuation of the hit with the flat hand, i. H. the slap in the face has to do with the fact that this type of punishment was considered particularly shameful.
  • Article 23: Whoever throws a stone at someone else pays a fine of 5 pounds pfennigs.
  • Article 24: Striking with an iron butt is punishable by 5 pounds pfennigs.
  • Article 25: If someone is listening on a house wall or window and the homeowner pulls open the door or window and causes him damage, the homeowner is in no way guilty or liable. But when the homeowner comes out of his building, he may arrest the eavesdropper like a criminal.
  • Article 26: If a farmer with bad faith goes to the property of the pastor of Obritzberg and challenges someone from the rectory (where the right of asylum exists), he pays a fine of 6 shillings.
  • Article 27: If a man of the equestrian order commits the same offense, he pays a fine of 10 pounds pfennigs.
  • Article 28: If a member of the high nobility does the same, the penalty is £ 32.
  • Article 29: If a vagabond thief comes across the property of the pastor of Obritzberg and carries stolen property with him, then the pastor's representative or the bailiff should take the stolen from him and the thief, dressed only in the bare essentials, should hand it over to the stone mentioned earlier . The pastor's representative or the bailiff should call and inform the district judge in good time so that he can come and pick him up. In such a case, every house subject to the pastor has to pay the district judge 2 pfennigs so that he can permanently render the thief harmless.
  • Article 30: When delivering the grain to the pastor, the St. Pölten Metzen should be used, as is also used in the city of St. Pölten.
  • Article 31: The grain service should be carried out by the subjects on the feast day of St. Hippolyt are delivered, but no later than 14 days after this date. If it is not adhered to, then the pastor can proceed with attachment.
  • Article 32: The subjects should also use correct measures in trade with one another, as is customary towards the rulers.
  • Article 33: As far as the natural service for geese is concerned, the pastor has the choice of accepting a goose or receiving the sum of 24 pfennigs for it.
  • Article 34: In the same way, the pastor can take the amount of 8 pfennigs for a hen to be delivered in Mardi Gras.
  • Article 35: The handing over of a hen in autumn can also be redeemed with a sum of 4 pfennigs.
  • Article 36: The subjects of Suladorf have their wheat service on the feast day of St. Koloman or 14 days later, as it is written in the land register.
  • Article 37: The pastor should give a quarter of wine and a meal to the subjects who bring in the hay as part of their robotic duty.
  • Article 38: Subjects who have a whole fief (farm of a certain size) are supposed to work 6 days a year for the pastor pulling robot: twice they are supposed to drive for hay, twice for the grummet and twice for cabbage. Anyone who has a half-life should drive once for hay, once for grummet and once for cabbage, and also do a day of manual robots at cutting time.
  • Article 39: The subjects of Obritzberg own a community pasture on the so-called "Ödenbaumgarten" against Karlstetten, against Weyersdorf and Wetzlarn.
  • Article 40: If the cattle are driven or led for other reasons or goods because of troubled times (because of a war) and damage occurs as a result, the subjects of the pastor are not obliged to make reparations.
  • Article 41: Anyone who does not maintain his watercourses and ditches on the pastor's estate of Obritzberg in the way it is customary law, so that this causes damage, is guilty of a fine of 72 pfennigs.
  • Article 42: If a subject of the pastor is killed on the parish of Obritzberg or perishes in some other way and the deceased receives St. Has received communion, the corpse may be removed (and buried) with the parish priest's permission. In this case there is no obligation towards the district judge.
  • Article 43: If a subject of the pastor kills another and the perpetrator has property worth 32 guilders, the Vogt (= the sovereign, the duke or archduke of Austria) should not arrest him, provided the property can be seized.
  • Article 44: In the event of a fire, all neighbors should come together and help extinguish and save belongings. The subject in whom the fire first broke out is said to have 3 days of asylum.
  • Article 45: The aim is to avoid livestock causing harm to neighbors. But if there is damage, the owner of the cattle owes 12 pfennigs of each head.
  • Article 45a: If someone finds cattle that harm a subject of the Obritzberg parish and brings them to the rectory, the owner owes a fine of 12 pfennigs for each piece.
  • Article 46: On the feast day of St. George or around this time each subject should set up the fences on the edge of his ground. If this does not happen, he has to compensate the resulting damage and pay the pastor a fine of 12 pfennigs.
  • Article 47: Whoever falls a grafted fruit tree with bad intentions, has to pay a fine of 5 pounds for each tree.
  • Article 48: A trial should be held three times a year, namely on the feast day of St. George, on the feast day of St. Michael and to Mary Candlemas . The Taiding dates should be announced 14 days in advance. Anyone who does not appear at the court meeting or who is not yet present after the 2nd question has to pay a fine of 12 pfennigs.
  • Article 49: Whoever digs up a boundary stone should be dug in and put with his head in this gap.
  • Article 50: No subject of the parish Obritzberg is authorized to sell land or parcels belonging to his farm - be it a fiefdom or a half-fiefdom. It does not matter whether it is a meadow or a field plot. There is only an exception if the ruling bishop of Passau or the prince (duke or archduke) of Austria, who has the rights of a hereditary bailiff over the Obritzberg church, give their consent. The pastor of Obritzberg is not authorized to give his consent to such a sale. He only has the right, if one of his subjects becomes impoverished through no fault of his own - it is a matter of imprisonment or some other honorable thing - to allow him to sell part of his grounds subject to the right of repurchase. He must see that part of the loan is repaid annually. In this way nothing is alienated from the goods of the Church.
  • Article 51: The bailiff and the “sixes” standing by him are obliged to inspect the fireplace twice a year. If they find the same not in order, they should report them so that this inattentiveness is punished accordingly. But if you still cannot remedy your fireplace, it should be destroyed.
  • Article 52: If the pastor or his subjects are oppressed by a “bailiff”, then they should report this to the sovereign and demand the appointment of another “bailiff”. (In addition to the “hereditary bailiffs”, who held this dignity for life and passed it on to their descendants and legal successors, there were so-called “bailiffs” who were only appointed for a certain period of time - originally “requested”).

literature

  • Josef Buchinger: The banned things in the political districts of St. Pölten city and country , St. Pölten 1932
  • Home register of the community Obritzberg-Rust, page 12, 74 ff, 1988

Individual evidence

  1. ↑ King's donation to the Ministerial Heimo Institute for Austrian Historical Research LXXX. VOLUME, 1972 (PDF, page 16f)