Land law (Middle Ages)

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As Land Law refers to the in the Middle Ages and in the early modern period in a country of the Holy Roman Empire applicable particular law . The land rights that have developed in the territories of the empire since the 12th century have developed from the older tribal rights of the Saxons , Alemanni , Bavarians and Bohemians . These old rights were supplemented and further developed through the privileges and laws of the sovereigns and the rulings of the regional courts . Later, Roman law was also adopted and incorporated into land rights. Land law was only applied in a subsidiary manner to the citizens of the cities , because they were initially subject to city ​​law and the autonomous jurisdiction of their municipalities as separate legal districts .

Title page of the second edition of the Württemberg Land Law from 1567

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The land rights contained provisions for all possible areas of law: criminal law , private law , police , feudal law and constitutional law . These areas were not necessarily fully covered. Often, Saxon and Roman law as well as more recent imperial regulations also applied.

In the Swiss Confederation, land law also refers to naturalization in rural communities under special conditions, similar to the castle law of cities.

recording

Land rights were written down at very different times. The Austrian land law was developed as early as the Babenberger time and recorded around 1278 under King Rudolf I and in 1298 under Albrecht I. The land law of Styria based on customary law was probably drafted in the second half of the 14th century and was also valid in Carinthia . The Tyrolean land law arose from the end of the 13th century, in Salzburg Archbishop Friedrich III. 1328 the land law in a state order together. The Upper Bavarian Land Law of 1346 issued by Emperor Ludwig the Bavarian codified earlier legal collections in Upper Bavaria .

In the Electoral Palatinate , land rights were only recorded in the 16th century. In Bohemia , the Bohemian Land Law has developed further through the collection of judgments of the regional court, which were collected in the so-called land tables. The bohemian development also influenced the Moravian land law and the law in parts of Silesia .

The development of land rights was decisive in the Middle Ages for the emergence of the countries, which constituted themselves as a legal community of their free inhabitants . Once they were formed as such, they mostly remained as independent legal and political units even if several were united under the rule of a dynasty , for example the numerous territories of the Habsburg monarchy .

With the introduction of the Civil Code , land rights were suspended everywhere.

literature

Title page of the Electoral Palatinate Land Law (1700)

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  • Upper Bavarian Land Law of Emperor Ludwig of Bavaria from 1346 . Edition, translation and commentary by Hans Schlosser and Ingo Schwab. Cologne u. a. 2000. ISBN 3-412-04300-1
  • Codex Maximilianeus Bavaricus civilis or newly improved and added to the chur-Bavarian state law, which includes all matters pertaining to civil legal scholarship: in addition to the fiefdom law attached at the end . Munich 1756
  • Electoral Palatinate Land Law . Heydelberg 1582.
  • Common land law of the Principality of Württemberg [...] . Tübingen 1591.
  • Landrecht der Fürstenthumben der Marggravschafften Baden vn Hachberg, Landgraveschaff Saussenberg, also rulers Röttlen vnnd Badenweyler, c. : Inn siben Teyl composed . Senft, Durlach 1622 ( digitized version )

Secondary literature

  • Heinrich Speich, Burgrecht. From naturalization to a political alliance in the late Middle Ages . (= Lectures and Research Special Volume 59), Ostfildern 2019.
  • Heinrich Gottfried Wilhelm Daniels : Kurkölnisches Landrecht , ed. and edit by Christoph Becker (= legal historical writings 19). Cologne et al. 2005.
  • Karl August Eckhardt : The Dithmarscher Landrecht of 1447 . After d. Edition by Andreas Ludwig Jacob Michelsen (= Germanic rights 16). Göttingen and Marburg 1960.
  • Helmut Günter (Ed.): The Bavarian Land Law of 1616 (= series of publications on Bavarian national history 66). Munich 1969.
  • Ernst Theodor Gaupp: The Silesian land law or actually land law of the principality of Breslau from 1356, in itself and in its relationship to the Sachsenspiegel . Leipzig 1828.
  • Maria Dirks: The land law of the Electorate of Trier. Its history and position in legal history . Saarbrücken 1965.
  • Wilhelm Hartnack (Ed.): The Wittgensteiner Landrecht according to the original codex from 1579 . Laasphe 1960.
  • Otto Dehler: The main features of the Henneberg land law are presented . [Diss.] Würzburg 1939.
  • Stieber, Miloslav: The Austrian land law and the Bohemian influences on the reforms of King Ottokar in Austria . Innsbruck 1905.
  • Wieslaw Litewski: Land law of the Duchy of Prussia from 1620 . 5 vols. Warszawa 1982–1987.
  • Ferdinand Bischoff: Styrian Land Law of the Middle Ages . Graz 1875.
  • W. Weltin: The Austrian land law of the 13th century . In: Law and Scripture in the Middle Ages . Vol. 23, 1977.

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