Mountain judge

The Bergrichter was a mountain official , which the mining law exercised and had to decide disputed mountain stuff. The function of the mountain judge was usually taken over by the mining authority administrator or, depending on the country, either the mountain bailiff , the mountain master or the chief mining authority director . Some countries appointed a separate mountain judge for the jurisdiction of mining law matters. The office of mountain judge was abolished in Prussia in the second half of the 19th century and the duties were transferred to the ordinary courts.

Basics and Necessity

From the 15th century, the miners received their own legal status. Since the land judges lacked the necessary mining expertise, the rulers appointed the mountain judges. The appointment of the mountain judge took place in the areas where the formation of a mountain court was required. The official seat of the mountain judge was the town closest to the mining area. In Austria, the official seat of the mountain judge was located at the Oberbergamt. If the mining in the area of ​​activity of the mountain judge came to a standstill or if there was more productive mining in another district, the official seat of the mountain judge was relocated.

Requirements for the office

In order to be appointed as a mountain judge, the candidate had to have both professional and personal skills. In particular, he had to have mining expertise, be familiar with legal matters and have a stable character. His office required a special conscientiousness from him in all things connected with his office, he had to be able to apply severity and benevolence in a balanced way. As a mountain judge, he was placed above the parties, but he still had to be in constant contact with the parties. Therefore, he was often in a difficult position that made high demands on his impartiality. The mountain judge's office was a highly respected position that was endowed with great authority. This power of attorney went so far that even the reigning prince had to apply to him for mortgages in his area of ​​office. His payment was not fixed, but dependent on the income from his area. So his salary was increased or decreased according to the respective income.

Duties, powers and exercise of office

The mountain judge had the so-called lower jurisdiction. His power of attorney was regulated by mining law. However, the mountain judge's jurisdiction was limited to matters relating to mining. He judged disputes between miners or when they had committed small crimes that did not exceed a certain penalty. As a rule, the mountain judge was not allowed to exercise additional paid secondary offices, unless this was approved by the responsible minister. Even if he was actually only responsible for matters related to mining law, his competencies nevertheless intervened very far in other areas. In some countries, the miner was not only the sovereign supervisory authority for mining, but he was also responsible for forestry. He was also the responsible supervisory body for duties and taxes that arose due to mining. If there were disputes between two parties, they could “appeal” to the mountain judge. The mountain judge set a legal day within a period of a few days on which he would judge the dispute.

The mountain judge was always accompanied by the mountain judge clerk during his visits, as he usually spoke the law on site. Only in difficult and controversial matters was a proper mountain court held and heard in the courtroom once per quarter . The mountain judge announced his judgments in many places on behalf of the sovereign as the highest mountain lord. For this he stood in a solemn manner with his judge's stick in one hand and the code of law in the other. Violations of his orders threatened, in some cases, severe fines. If these fines could not be paid, the law saw even more drastic measures in some parts of the country, such as: B. chopping off the right hand. Serious offenses, such as B. robbery, murder or manslaughter, the mountain judge was not allowed to judge, but he had to forward these cases to the responsible district judge.

literature

• Hermann Brassert: Mountain orders of the Prussian country. FC Eisen's Königliche Hof-Buch- und Kunsthandlung, Cologne 1858

Individual evidence

1. ^ Johann Christoph Stößel (Ed.): Mining dictionary. Chemnitz 1778.
2. ^ Carl Friedrich Richter: Latest mountain and hut lexicon. First volume, Kleefeldsche Buchhandlung, Leipzig 1805.
3. ↑ ^{a b} Joseph Carl Kindermann: Repertory of Steyermärkische history, geography, topography, statistics and natural history. Published by bookseller Franz Xaxer Miller, Graez 1798.
4. ^ Johann Karl Gottfried Jacobsson: Technological dictionary, alphabetical explanation of all useful mechanical arts, manufactories, factories and craftsmen. Friedrich Nicolai, Berlin and Stettin 1781.
5. ↑ Explanatory dictionary of the technical art and foreign words that occur in the mining industry, in metallurgy and in salt works . Falkenberg'schen Buchhandlung publishing house, Burgsteinfurt 1869.
6. ↑ ^{a b} Berggericht Sterzing-Gossensaß ( Memento from September 4, 2011 in the Internet Archive ).
7. ^ Karl Heinrich Kaufhold, Wilfried Reininghaus (ed.): City and mining. Böhlau Verlag GmbH, Cologne 2004, ISBN 3-412-12204-1 .
8. ↑ ^{a b} A. J. Mannkopff (Ed.): Additions and amendments to the Prussian law books. Publishing house of the Naukschen Buchhandlung, Berlin 1835.
9. ↑ Carl Hartmann (Ed.): Concise dictionary of the mountain, hut and Saltwork science of mineralogy and geognosy. First volume AF, second completely revised edition, Bernhard Friedrich Voigt bookstore, Weimar 1859.
10. ↑ Robert R. v. Srbik: Tiroler Bergverwandte (last accessed on February 5, 2015).
11. ↑ Mining Regulations ( Memento of the original from January 13, 2015 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. (last accessed on February 5, 2015).  
12. ↑ South Tyrolean Mining Museum: The Prettau copper mine - Steinhaus granary ( memento of the original from February 5, 2015 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (last accessed on February 5, 2015). 
13. ^ Johann Thaddäus Anton Peithners: Attempt on the natural and political history of the Bohemian and Moravian mines. printed by Matthias Andreas Schmidt Universitäts Buchdruckerei, Vienna 1780, p. 413.
14. ^ Joseph Tausch: The mining law of the Austrian Empire. Published by JG Ritter von Mösle's sel. Widow, Vienna 1834.