Busecker valley

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The Busecker Tal is a former territory in Central Hesse , in the Gießen district .

scope

It included the area of ​​the communities Albach , Alten-Buseck , Bersrod , Beuern , Burkhardsfelden , Grossen-Buseck , Oppenrod , Reiskirchen and Rödgen . The now desolate villages of Wilshausen, Romsdorf, Eckhardshausen, Foxrod, Dörfeln, Beltershausen, Amelungshausen and Giebenhausen were located in this area . At least Wilshausen was listed in older directories as one of the towns in the Busecker Valley.

Trohe , which lies within the area , did not belong to the Busecker Tal. It was an enclave and belonged to the territory of the Hessian landgrave . In terms of church, the village has been looked after by Alten-Buseck and Grossen-Buseck from time immemorial, so that there was a close connection between the population and the Buseck valley.

history

middle Ages

The oldest surviving mention of the Buseck valley comes from 1340. As early as 1245, a “court of Buseck ”, “iudicium de Buchesekke”, is mentioned. This was awarded in 1337 by Emperor Ludwig IV to Gottfried and Hermann von Trohe with all the rights that their ancestors already had. Since the 13th century there has been an inheritance from the von Buseck and von Trohe families .

The Buseck valley became a bone of contention between the Landgrave and the Ganerbe very early on. Landgrave Herman II of Hesse asked King Wenzel on January 6, 1398, with the “Court of Buseck and Trohe, which is called the Buseck Valley with all affiliations, nothing except, including the fiefdoms of those of Buseck and those of Trohe and who von Schwalbach and others have their heirs from [...] the Reich as fief ”. The Ganerbe objected to this and on November 6, 1398, they received a feudal letter from King Wenzel, which revoked the landgrave's feudal fief and gave them the fiefdom. This resulted in a centuries-long dispute over the Buseck valley. The heirs were politically and economically inferior to the landgraves, partly in their service or their fiefs.

1480 to 1806

This dependency led the Ganerbe to recognize the sovereignty of the Hessian state: For the first time in 1480, the Landgraviate of Hesse administered the Busecker Valley through the Gießen office . The heirs, however, remained owners of the patrimonial court . The Reformation was introduced in the late 1530s . In the period that followed, there were repeated arguments between the Ganerbschaft and Hesse about what the Landgraviate was allowed to demand and what not. A point of contention was the Turkish tax in 1530/1532 . The Ganerbe joined the Imperial Knighthood and were involved in the Burggrafschaft Friedberg in order to better protect themselves against the claims of the Hessian Landgraves. The capture of Landgrave Philip I by Emperor Charles V gave them new impetus and culminated in an imperial letter of protection, which emphasized the imperial immediacy of the Buseck valley. However, all of this did not last after the Passau Treaty of 1552, when the Landgraviate, politically strengthened, took hold of the Buseck Valley again. The Ganerbe however invoked the letter of protection from Emperor Karl V. The landgrave tried to enforce his claims by force. The Ganerbe sued the Reich Chamber of Commerce against this .

After the death of Landgrave Philip I, the landgraviate was divided. The Busecker Tal received Landgrave Ludwig IV of Hessen-Marburg . Under his government in 1576 a settlement was reached with the Ganerbe, who agreed to this because it was foreseeable that the Imperial Chamber Court would rule against them. The Ganerbe recognized the Hessian sovereignty again, but continued to strive to appear as independent as possible. When Ludwig IV died in 1604 without male descendants, the Hessian rights to the Busecker Tal finally fell to Hessen-Darmstadt after decades of inheritance disputes between the two remaining Hessian lines - Hessen-Darmstadt and Hessen-Kassel .

The Ganerbe continued to fight for their rights and occasionally sued the Landgraviate if they thought that Hesse was violating the 1576 agreement. The subjects also took advantage of the situation and filed a lawsuit with the Reichshofrat in 1705 , in which they claimed that they were not subject to taxation vis-à-vis Hesse due to the freedom of the Buseck Valley. This led to the fact that the Reichshofrat at the end of 1706 declared the treaty of 1576 null and void, as the emperor would have had to agree when the imperial-free gan heirs recognized Hessian sovereignty. The Landgraviate then intervened militarily against the subjects in the Busecker Tal and opened an appeal against the ruling of the Reichshofrat before the Reichstag . At the same time there were proceedings in the Reichshofrat and before the Reichskammergericht in the matter. In 1724, the Imperial Court of Justice passed a judgment in favor of the Landgraviate. In 1725, the emperor reached the compromise that although the contract of 1576 would remain canceled, he would in future give the Busecker Valley as a fief to Hesse and thus mediate the heirs . This happened for the first time on March 14, 1726. As a result, the Middle Rhine knights saw their rights violated and complained to the emperor. This led to the fact that the passage to the Busecker Tal was not included in the subsequent leanings by the emperor to Hessen. In 1797, however, the landgrave enfeoffed the Ganerbe with the Buseck valley. The level of 1725 was reached again.

Surely those involved could have continued the dispute. But a few years later the Old Reich dissolved and the legal and power relations were restructured. In 1806 the Landgraviate of Hessen-Darmstadt became the Grand Duchy of Hessen . The municipalities of the Busecker valley were still assigned to the Gießen office, which was subordinate to the newly founded principality of Upper Hesse since 1803 (from 1816: "Province of Upper Hesse"). In the early modern period , offices were a level between the municipalities and the sovereignty .

1806 to 1823

The Busecker Tal was preserved as a patrimonial court even through the upheavals of the Napoleonic era, although the traditional rights of the heirs opposed the state sovereignty of the Grand Duchy.

In an administrative reform from 1820 to 1823, the state dissolved all offices and also separated jurisdiction and administration at the lower level , which was already done in the Busecker Tal : the administration was in the hands of the state, the jurisdiction in that of the inheritance. The "Busecker Thal" was assigned to the newly formed district of Gießen in the course of the administration reform in 1821 . However, in the area of public security and order there were still tasks for patrimonial rule.

The Patrimonial Court was not affected by the reform of 1821, but its name was adapted in 1823 to the new name of the state courts of first instance, "Regional Court": It was now called: "Grand Ducal Hessian Regional Court of the Freyherrn von Buseck". It took a few more years before the state succeeded in reaching an agreement with the von Buseck family, with which jurisdiction and most of the administrative tasks were transferred to the state. This happened with a contract dated December 1826: the state took over the staff of the patrimonial court, the income associated with the position as patrimonial court lord remained with the von Buseck family, as did the civil, police and forest sentences. This was implemented on April 1, 1827: The “Grand Ducal Hessian Regional Court of the Freyherrn von Buseck” was dissolved and its jurisdiction transferred to the Regional Court of Giessen . The last remnants patrimonialgerichtlicher jurisdiction, civil, local police and forest penalties were with a contract dated 26 August 1839 against an annual payment of the state to the barons of Buseck in the amount of 180 fl replaced, in turn, by a single payment in 1902 amounting of almost 75,000 marks .

Substantive law

The Busecker Tal belonged to the area of common law , which was valid here without the superimposition of particular law. This retained its validity here also during the affiliation of the Busecker Valley to the Grand Duchy of Hesse in the 19th century, until it was replaced on January 1, 1900 by the civil code that was uniformly valid throughout the German Empire .

literature

  • Karl Dienst: Gießen - Upper Hesse - Hesse. Contributions to Protestant Church History, Darmstadt 2010
  • L. Ewald: Contributions to regional studies . In: Grand Ducal Central Office for State Statistics (ed.): Contributions to the statistics of the Grand Duchy of Hesse . Jonghaus, Darmstadt 1862.
  • Wilhelm Lindenstruth: The dispute over the Busecker valley. A contribution to the history of state sovereignty in Hesse . In: Communications of the Upper Hessian History Association .

Web links

Individual evidence

  1. ↑ Ewald, p. 50.
  2. ↑ Lindenstruth (1910), p. 106.
  3. ↑ Lindenstruth (1910), p. 121ff.
  4. ↑ Lindenstruth (1911), p. 80.
  5. ↑ Lindenstruth (1911), p. 81.
  6. ↑ Lindenstruth (1911), pp. 88ff.
  7. ↑ Lindenstruth (1911), p. 100.
  8. ↑ Lindenstruth (1911), p. 102.
  9. ↑ Service, p. 25.
  10. ↑ Lindenstruth (1911), p. 106.
  11. ↑ Lindenstruth (1911), p. 107f.
  12. ↑ Lindenstruth (1911), p. 110.
  13. ↑ Lindenstruth (1911), p. 112.
  14. ↑ Lindenstruth (1911), p. 115.
  15. ↑ Lindenstruth (1911), p. 118.
  16. ↑ Lindenstruth (1911), p. 125.
  17. ↑ Lindenstruth (1911), p. 115.
  18. ↑ Lindenstruth (1911), p. 133.
  19. ↑ Lindenstruth (1911), p. 135.
  20. ↑ Lindenstruth (1911), pp. 136f.
  21. ↑ Lindenstruth (1911), p. 138.
  22. ↑ Ewald, p. 50.
  23. ^ Ordinance on the division of the country into district councils and district courts of July 14, 1821. In: Großherzoglich Hessisches Regierungsblatt No. 33 of July 20, 1821, pp. 403ff.
  24. ↑ See: Announcement of the assignment of the Baron von Buseckische Justiz- und Polizei-Gerechtsame to the state and the allocation of the Busecker Valley concerning March 1, 1827. In: Großherzoglich Hessisches Regierungsblatt No. 8 of March 16, 1827, p. 45 .
  25. ↑ The naming of the previous patrimonial court of the Barons von Buseck zu Großenbuseck on September 4, 1823. In: Großherzoglich Hessisches Regierungsblatt No. 29 of September 29, 1823, p. 351.
  26. ↑ Lindenstruth (1911), pp. 141f.
  27. ↑ Announcement of the assignment of the Baron von Buseckische Justiz- und Polizei-Gerechtsame to the state and the allocation of the Busecker Valley on March 1, 1827. In: Großherzoglich Hessisches Regierungsblatt No. 8 of March 16, 1827, p. 45.
  28. ↑ Lindenstruth (1911), p. 142.
  29. ↑ Lindenstruth (1911), p. 143.
  30. ↑ Arthur B. Schmidt: The historical foundations of civil law in the Grand Duchy of Hesse . Curt von Münchow, Giessen 1893, p. 100, note 6 and p. 9.