Jurisdiction in Thurgau

from Wikipedia, the free encyclopedia
Jurisdictions of the Landgraviate of Thurgau around 1750

The judiciary was an orderly association of secular and spiritual owners of lower judicial authorities (Vogteien) in the Landgraviate of Thurgau and formed a corporation at the latest since the 16th century, which institutionalized itself in the annual judges' day as a kind of local authority until the end of the Ancien Régime in 1798 sought to protect lordly interests and rights on the one hand towards the federal governor in Thurgau and on the other hand towards the landscape (communities, quarters).

Creation and training

The confederates ( Zurich , Lucerne , Uri , Schwyz , Unterwalden , Zug and Glarus ) conquered the Landgraviate of Thurgau in 1460, acquired the Thurgau regional court together with Bern , Freiburg and Solothurn in 1499 and thus claimed the concentration of all rulership rights in their common rule in Thurgau. This was an important moment for the constitution of the judiciary, as the secular and spiritual judges defended their previous rights, old freedoms and privileges and defended themselves in corpore . As a result, the court lords, as holders of lower jurisdiction, and the confederates, as sovereigns, delimited their legal powers in the court lords contract. While the abbot of St. Gallen in the treaties of 1501/1512 and the bishop of Konstanz with the treaty of 1509 reserved certain special privileges vis-à-vis the confederates, the other bailiwick owners had to subordinate their rule to the federal blood court, military and Recognize sovereignty in the court lords contract of July 20, 1509. These power contracts formed the basis for the judicial rights. This regulation did not undergo any radical change until 1798.

The judges' day

Since 1581, the court rulers met annually for the so-called court rulers' days (until 1542 in Frauenfeld and 1544–1798 in Weinfelden in the Gasthaus zum Trauben). In the 16./17. In the 19th century, the corporate nature of the court rulership was constitutionally established with committees, a joint fund, a seven-member board, individual functionaries (governor, lieutenant, ensign and court secretary) and deputations. The main purpose of the judges' day was to preserve the privileges and freedoms of the class vis-à-vis the federal governor and the Thurgau subjects. In addition, the road construction and the organization of the border guard (from 1620 in cooperation with the Thurgau military quarters) belonged to the tasks of the court rulers.

General court lords contract of July 20, 1509

In numerous submissions (memorials, complaints, etc.) to the governor and the Federal Diet , the judiciary sought to gain influence. If he was unsuccessful with the Diet, the judiciary sent deputations to the ruling estates to acquire local votes in order to reverse the decision of the Diet. In 1626 the court lords managed to thwart the decision to introduce a Thurgau district administrator . With the neighborhood organization, he led decades of disputes over the amount of taxes that the court had to pay to the border guards. A first comparison in 1643 always brought correspondence and right-handers. Only the mandate of December 4, 1691 from Bailiff Johann Ulrich Püntener von Braunberg with a new settlement brought some reassurance. According to this, the court of justice had to relieve the quarters with a quarter of the expenses for the military border guard.

From the 16th century to 1798, the jurisdiction of the judiciary did not appear as a unified corporation supported by the same interests, as tensions arose between the secular and spiritual judges as well as between the denominations . The taxes (investments) also gave rise to constant disputes. Since around 1620 there were three main bodies in the Landgraviate of Thurgau with the court lordship, the district organization and the federal governor, which worked sometimes with one another, sometimes against one another in different groups. The personal overlaps also show the dependent and peculiar position of the court lords. As a member of the Zurich estate , the Obervogt von Weinfelden was a representative of the sovereignty; but he also belonged to the court lordship and, as district captain of the Weinfelden district, held a leading position in the Thurgau district organization.

The downfall

Since the 17th century, the court had gradually lost its importance at the expense of the landscape, not least with the loss of its military function to the district organization. Although he was able to assert his privileges and rights vis-à-vis the federal bailiff in Frauenfeld as well as the countryside, the persistent and conservative stance of the court lordship in the rulership structure of the Landgraviate of Thurgau also made it increasingly rigid. After 1798, during the reaction during the Second Coalition War, from June to September 1799, the court rulership was reassumed for a short time. In 1804 he was finally liquidated.

The valuable archives of the court rulers - it was long considered missing - remained with the last governor Karl Franz Ignaz von Würz à Rudenz, Obervogt zu Arbon , passed on to his descendants and finally came into the possession of the von Streng family. This has been on permanent loan in the Thurgau State Archives since 1999 .

The order of precedence on the judge's day

Map of the jurisdictions in the Landvogtei Thurgau in the middle of the 18th century.

(Late 18th century)

Spiritual bank

  1. Reichenau Monastery
  2. Prince Abbey of St. Gallen
  3. Diocese of Constance (cathedral chapter and cathedral provost)
  4. Einsiedeln Monastery
  5. Kreuzlingen Monastery
  6. Fischingen Monastery
  7. Muri monastery
  8. St. Urban Monastery
  9. Rheinau Monastery
  10. Munsterlingen Monastery
  11. Johanniter-Coming Tobel
  12. Tänikon Monastery
  13. Feldbach Monastery
  14. St. Stephan Abbey in Constance
  15. St. Johann Abbey in Constance
  16. St. Pelagius Abbey in Bischofszell
  17. Obermarchtal
  18. Zwiefalten Monastery

Secular bank

  1. Zurich
  2. City of Constance
  3. City of St. Gallen
  4. Emmishofen reign
  5. Hard and Rellingscher patio
  6. Salenstein and Hubberg
  7. City of Stein am Rhein
  8. Lordship of Griesenberg
  9. Reign mountain
  10. Rule of Wellenberg and Hüttlingen
  11. Reign of Pfyn
  12. Blidegg
  13. Lower and upper unforn
  14. Reign of Altenklingen
  15. Gündelhart
  16. Heidelberg
  17. Reign of Kefikon
  18. Rule of Steinegg
  19. Dettighofen and Schweikhof
  20. Öttlishausen
  21. Zihlschlacht
  22. Thurberg
  23. Reign of Oberaach
  24. Yeast oven and moss
  25. City of Bischofszell
  26. Lordship of Wittenwil
  27. Mammertshofen outdoor seating area
  28. Arenenberg outdoor seating area
  29. Bachtobel outdoor seating area
  30. Wolfsberg outdoor seating area
  31. Reign of Hauptwil
  32. Moors (Häberligericht)
  33. Neugüttingen outdoor seating
  34. City of Steckborn

Officials of the judiciary

(18th century)

Provincial governors

Country lieutenants

State ensigns

Court secretaries

Jurisdiction archive

  • StATG 0'7 (State Archives of the Canton of Thurgau, Sign. 0'7) Jurisdiction
  • StATG 0'70'0–29 1504–1804 documents and files (indexed up to document level)
  • StATG 0'71'0 1707–1759 General patents (developed up to document level)

literature

  • Bruno Giger: court lords, court lords, court lords in Thurgau from the end of the late Middle Ages to the early modern period (= Thurgauian contributions to patriotic history. Vol. 130). Historical Association of the Canton of Thurgau, Frauenfeld 1993, ISBN 3-9520596-0-9 , pp. 5–216 (also: Zurich, University, dissertation, 1993).
  • Hermann Lei: The Thurgau court lord in the 18th century. An example of corporate freedom in a common rule of the old Confederation (= Thurgauian contributions to patriotic history. Vol. 99, 1963, ZDB -ID 505614-7 ). Pp. 3-177.
  • André Salathé: Visit to the Museum of the Late Middle Ages. On the return of the small but weighty archive of the Thurgau jurisdiction to the canton. In: Thurgauer Zeitung , September 3, 1999.
  • André Salathé: inventory overview. State Archives of the Canton of Thurgau (= Finding aid. No. 1). State Archives of the Canton of Thurgau, Frauenfeld 2005, p. 25, p. 28.

See also

Web links