Regalienrecht

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The regalia law (lat. Jus regaliae , jus shelves or jus deportus ) which is the Church the Lord, especially the king or emperor , right conferred during a Sedisvakanz the income of the deceased bishop or archbishop collect and free lower spiritual fiefdom to forgive.

Examples of the Regalienrecht are the Bergregal and the Salzregal . The Bergregal consisted of a real right of disposal and extraction of the shelf owner with regard to the minerals underlying the Bergregal even against the declared will of the surface owner. It should be pointed out, however, that in this regard there was at no time a closed circle of minerals subject to the Bergregal, generally recognized in the Holy Roman Empire of the German Nation.

The regal character of salt - be it in dissolved or solid form - was recognized by common law. Due to its particular importance in terms of supply policy, it was viewed as subject to the so-called high mountain shelf together with the precious metals gold and silver and precious stones. The so-called lower mountain shelf, however, referred to all other shelf minerals. Under certain conditions, everyone was allowed to mine for the extraction of the cleared minerals on and under foreign soil. In the area of ​​cleared mining, the authority of the shelf owner was limited to the granting of prospecting permits, the granting of mine ownership, the collection of taxes (tithes), the law of the mountain police, the mining jurisdiction and mining legislation. Originally the mountain shelf and - as part of it - the salt shelf belonged to the Roman-German emperors and kings. In Chapter IX § 1 of the Golden Bull from 1356, Emperor Charles IV stipulated that the Electors were entitled to shelf rights to the mining minerals discovered and yet to be discovered in their territories. With the Peace of Westphalia in 1648, which confirmed all imperial estates in all their traditional rights through Art. VIII § 1, the electors obtained full state sovereignty and thus also the full mountain or salt shelf.

See also Regalien , Spolienrecht

literature

  • Wolfgang Petke: Spolienrecht and Regalienrecht in the high Middle Ages and their legal basis , in: Sönke Lorenz and Ulrich Schmidt (eds.), From Swabia to Jerusalem. Facets of Staufer history (publications by the Alemannic Institute 61) , Sigmaringen 1995. ISBN 3-7995-4247-7
  • George Jakob Phillips: The Regalienrecht in France . 1873