Spadeland Law
The Spadelandsrecht , sometimes also called Spadenlandrecht , Spade-Landrecht or Spade-Landesrecht , is a dike law that has been handed down from the Middle Ages and was first laid down in writing in the 15th century for the various marshland regions .
Origin and history
Spadeland, also called spade or fork land, is a piece of land that was cultivated with the spade or the grave fork (e.g. wrested from the water) and which was strangely free to dispose of, e.g. B. also in a negative sense: Anyone who had lost interest in the cause after recurring floods and wanted to give up the arduous struggle, simply stuck the spade into the country and thereby expressed his renunciation. Let it go down again or someone else try his hand at it. In the same sense, it was also seized. The spade in the country announced its availability. ( → Spatenrecht ).
The regulations of the early dike associations could not yet be universally applicable. They were mainly tailored to local, occasionally even to personal circumstances and needs, and were otherwise burdened with ritual regulations, e.g. B. for the swearing-in of the dike captain and the dyke jury , for shows, negotiations, seizures (see above) and punitive actions. The basic rules of the order, however, were passed on from society to society and then supplemented as required. Only then did customary law gradually emerge , as it was partially codified in the Sachsenspiegel of the 15th century. The history of the origins of this special customary law is confirmed in the Spadeland law.
It is not known exactly when the oldest Spadeland law was written, an author is not known. In the literature, it is often claimed that the law, consisting of 20 articles, only came into being at the beginning to the middle of the 16th century and that it applied in the Duchy of Schleswig . This claim, however, refutes the first written regulation of dyke law, the "Spade-Land-Brief" from 1438 for the Wilstermarsch . The board of directors of the parish of Wilster ( Holstein Elbmarschen ) had "updated" the letter of 1438 itself and then had it confirmed by Adolf VIII , the last Count of Holstein in Schauenburg . Accordingly, there can be no longer any doubt: the Spadeland law of the 16th century is only a compilation of customary laws that up until then had not only grown over centuries, but were certainly already widespread in Holstein.
Others
The name of the Hamburg district Spadenland is derived from this dike law.
literature
- Gerd Quedenbaum, VORFLUT, Der Eiderverband, A contribution to the history of the dike and drainage system in the central Eider region , Eider-Verlag Düsseldorf, 2000, page 60
Individual evidence
- ↑ Aika Meyer: Storm surges and coastal protection in North Friesland (PDF download) p. 12 ( Memento of the original from January 5, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ Gemeindechronik Osterhever, PDF download, p. 10 ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.
- ^ A b Falck, Niels Nikolaus: Handbook of Schleswig-Holstein Private Law , Altona, 1825 p.437
- ↑ See Deich- und Hauptsielverband Dithmarschen (ed.): Chronicle of the Deich- und Hauptsielverbandes Dithmarschen , Vol. I: Historical presentation, legal basis, formation of water and soil associations and association activities , 2nd edition, Hemmingstedt 2008, p. 17. On pages 18 et seq., The text of the “Spade Landbrief” from 1559 for the North Frisian marshland, comprising 20 articles, is reproduced. The text of the Spade-Land-Brief concerning the dyke system of the Wilstermarsch is printed in CCHolsat., Vol. II, Part 1, Section 6, No. 1.
- ^ Horst Beckershaus: The names of the Hamburg districts. Where do they come from and what they mean , Hamburg 2002, ISBN 3-434-52545-9 , p. 109
