Limited cents

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The Limited Cent was a legal institution of the Middle Ages and the early modern period, through the establishment of which local exceptional regulations were created for the exercise of the high jurisdiction .

definition

Up to the end of the 15th century, the exercise of high jurisdiction in the Holy Roman Empire (HRR) had only been granted to the high courts and thus formed the most important legal basis of their sovereignty for the spiritual and secular territorial lords . Criminal prosecution and criminal jurisdiction fell within the jurisdiction of the High Court Offices . As is common in other areas of law in HRR, they performed both executive and judicial tasks. The high court districts administered by these offices were closed territorial units, the boundaries of which were clearly defined.

At the beginning of the 16th century, however, a major shift in the legal system of the HRR set in, which led to an erosion of the powers of the high courts. This included the narrowing of the high courts to the "high Ruegen" than the four or five (murder and manslaughter, severe bloody assault, theft, rape and nightly arson) designated violent crime, while all other offenses now in the area of the Bailiwick Lichen jurisdiction fell .

In addition to the resulting curtailment of competencies, the High Court Offices had to accept further curtailments of their powers in the course of the 16th and 17th centuries. Because with the creation of the legal construct of the limited cents, special regulations were created in some village markings within the high court districts, through which the high court offices were deprived of further parts of their powers. Until then only the pennies and Fraischämtern within the high court districts entitled prosecution was subjected to the a Limited cents village denunciations instead of the owners of the village and township government transferred. This gave them the right of first access to the wanted criminal and was able to interrogate him without consulting the competent high court. Only when the jurisdiction of this judicial authority emerged, the arrested delinquent was to be handed over to the representative of the High Court Office. This handover took place at a fixed point on the village boundary, the so-called "Fraischstein". The limited cent was also referred to as the “cent-free mandate”, “exemption from the incursion of cents” or “concession of first access”.

literature

Individual evidence

  1. ^ Hanns Hubert Hofmann : Höchstadt-Herzogenaurach (=  Historical Atlas of Bavaria, part of Franconia . I, 1). Commission for Bavarian State History, Munich 1951, DNB  452071143 , p. 25 ( digitized version ).
  2. ↑ Ingomar Bog : Forchheim (=  Historical Atlas of Bavaria, Part Franconia . I, 5). Komm. Für Bayerische Landesgeschichte, Munich 1955, DNB  450540367 ( digitized version ).
  3. ↑ Stadtsteinach . In: Historical Atlas of Bavaria . S. 34 ( online ).
  4. ^ City and district of Bamberg . In: Historical Atlas of Bavaria . S. 41 .
  5. ↑ Kronach - The Altland District . In: Historical Atlas of Bavaria . S. 45 .
  6. ↑ Ingomar Bog : Forchheim (=  Historical Atlas of Bavaria, Part Franconia . I, 5). Komm. Für Bayerische Landesgeschichte, Munich 1955, DNB  450540367 ( digitized version ).
  7. ^ Wilhelm Schwemmer, Gustav Voit: Lauf-Hersbruck (=  Historical Atlas of Bavaria, part Franconia . I, 14). Komm. Für Bayerische Landesgeschichte, Munich 1967, DNB  456999256 ( digitized version ).
  8. ^ Hanns Hubert Hofmann : Höchstadt-Herzogenaurach (=  Historical Atlas of Bavaria, part of Franconia . I, 1). Commission for Bavarian State History, Munich 1951, DNB  452071143 , p. 21 ( digitized version ).