Handpainted

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With hand husband were referred to in the Middle Ages mostly a non-salable goods from which a free man and probably derived its origin its name. In the judicial district in which this property was located, the local court responsible for him was also located, before which he had to answer.

Headquarters

Handmahal.jpg

The oldest mention is in the Christmas story in the Heliand written around 830/40 in verses 346 and 360 with the spelling handmahal .

Household

In addition to the Sachsenspiegel , Bavarian sources are important for the transmission of the term. The Salzburg document book reports on three cases from the years 925 to 927, in each of which one person has a piece of property, but expressly excludes part of the property. This excluded part is called "hantkimahili" or "handgimali". In the Bavarian Codex Falkensteinensis from the 12th century , the hand-husband occurs as a good, "quod teutonica lingua handgemalehe vocatur ..., id est nobilis viri mansus" (... which is called "Handgemalehe" in German ... that is the court of a noble man). It is also referred to here as “predium libertatis”, the good of freedom. The possession of this hand-husband protects the man from bondage. It seems that this means the same thing as the term allod . The case in which Emperor Frederick I cast a spell on Duke Heinrich the Lion and deprived him of all his possessions is characteristic of the importance of the hand-painting . What he could not take away from him was his freely available property, in this case his property in the immediate vicinity of Braunschweig, his immediate household.

Court seat

The Sachsenspiegel specifies in which court a man had to answer. It was the court in whose judicial district his hand-husband, i.e. his household, was located. It was a protection for the individual that he could not be brought before any court. For many people, however, this regulation no longer applied in the 13th century , when the Sachsenspiegel was created. This was especially true for the citizens of the cities, who could no longer trace their origins back to a house in the country. To protect them from arbitrary court citations outside the city walls, many cities received the “ ius de non evocando ” in the 13th and 14th centuries . From now on, the citizens only had to answer before the city courts or before their sovereign. The original meaning of hand drawn was gradually lost and was obviously more and more forgotten. Towards the end of the 16th century , in one demonstrable case, it is only the proper name for a very specific house and the associated garden.

Individual evidence

  • Origin:
    • "Sien hantgemal, daz is your right place, because he was born by" (dating: end of the 14th century. Site: Das Sächsische Weichbildrecht, edited by A. von Daniels, Berlin 1858, column 329.)
  • Court seat:
    • “In that court, however, we must antwarden, dâ sîn hantgemâl lay within; hât der schepenen stûl dâ, her is dâ also dingplichtich "(dating: 1224/25 reference: Sachsenspiegel, Landrecht III 26 § 2.)
  • Household:
    • a nobilis vir G. at disposal of his own praemisit sibi particulam proprietatis, quod hantkimahili vulgo dicitur (dating: 925 reference: Salzburger Urkundenbuch I 125.)
    • "Tradidit ... V. ... omne ... territory, quod ibidem visus est habere, exceptis in unaquaque parte, quam celga vocamus, iugeribus tribus et uno curtili loco ad occidentalem partem, quod vulgo hantkimahili vocamus" (dating: um 925 Site: Salzburg Document Book I 163.)
    • "Tradidit ... Rhini [nom.] Nobilissima femina ... locum S. ... excepta lege sua quod vulgus hantgimali vocat" (Date: 927 Source: Salzburger Urkundenbuch I 107.)

Remarks

  1. ↑ Salzburger UB I, No. 107, No. 125, No. 163
  2. ↑ Codex Falkensteinensis in the Festschrift for Heinrich Brunner on his 70th birthday in 1910, p. 191
  3. ↑ from the German legal dictionary

literature