Castle law
In the Middle Ages , especially in southern Germany and the Swiss cantons , the term castle law (ius burgense, ius civile) was a contractual relationship between a city and its surrounding nobles, monasteries or villages .
The type of contract of castle law (burgensia, burgesia, combourgeoisie, civilège, buitenpoorter, etc.) emerged around the middle of the 13th century to secure special spiritual rights and access to the economic area for monasteries when they were naturalized in cities . In the late 13th century, the same type of contract was also applied to (noble) rulers. During the 14th century, the cities emerged as the long-term determining party. The treaties often turned into protection treaties. Since the beginning of the 15th century, the contract type was also used for the naturalization of entire communities, for example villages or valley communities . Even mutual naturalizations of entire cities became possible.
The localities had to pay a small annual rent to the city and provided services for the maintenance of the city walls , ditches and roads . In return, in times of danger, the city granted the villagers protection with their belongings within its walls and, in times of peace, facilitated the sale of their products by relieving traffic taxes.
In many cities, the castle law also meant something like wurtzins , that is, interest paid by the citizen to the city lords for using the construction site .
In Austria, Burgrecht was a non-redeemable capital rent .
literature
- Herbert Fischer: Castle district and urban area in the south of Germany (= Viennese legal history works 3, ZDB -ID 511022-1 ). Herold, Vienna et al. 1956, p. 47f.
- Wilhelm Brauneder : Burgrecht. In: Albrecht Cordes , Heiner Lück , Dieter Werkmüller , Ruth Schmidt-Wiegand (eds.): Concise dictionary on German legal history . Volume 1: Aachen - Spiritual Bank. 2nd completely revised and expanded edition. Erich Schmidt Verlag, Berlin 2008, ISBN 978-3-503-07912-4 , Sp. 769-770.
- Heinrich Speich: Burgrecht. From naturalization to a political alliance in the late Middle Ages . (= Lectures and Research Special Volume 59), Ostfildern 2019.
See also
Individual evidence
- ^ Andreas Würgler: Burgrecht. In: Historical Lexicon of Switzerland .