German town law

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The German town law (

Otto I. The Magdeburg law became the inspiration for regional town charters not only in Germany, but also in Central and Eastern Europe who modified it during the Middle Ages. The German town law (based on the Magdeburg rights) was used in the founding of many German cities, towns, and villages beginning in the 13th century.[1]

Town charter for Höchst on Main and Gau-Algesheim from February 11, 1355

History

As Germans began establishing towns throughout northern Europe as early as the 10th century, they often received town privileges granting them autonomy from local secular or religious rulers. Such privileges often included the right to self-governance, economic autonomy, criminal courts, and militia. Town laws were more or less entirely copied from neighboring towns, such as the Westphalian towns of Soest, Dortmund, Minden, and Münster. As Germans began settling eastward, the colonists modelled their town laws on the pre-existing 12th century laws of Cologne in the west, Lübeck in the north (Lübeck law), Magdeburg in the east (Magdeburg rights), and either Nuremberg or Vienna in the south.

The granting of German city rights modelled after an established town to a new town regarded the original model as a Rechtsvorort, or roughly a legal sponsor of the newly chartered town. For instance, Magdeburg became the sponsor of towns using Magdeburg Rights, and its lay judges could rule in ambiguous legal cases in towns using such rights. Certain city rights became known under different names, although they originally came from the same source; the name of some city variants designates the Rechtsvorort they became famous from, not necessarily that that specific style of rights originated from the Rechtsvorort. As territorial borders changed through the passage of time, changes to German city rights were inevitable.

Timeline of medieval German charter cities grouped by type.

During the course of the 15th, 16th, and 17th centuries, the town laws of many places were modified with aspects of

imperial free cities of Frankfurt, Bremen, Hamburg, and Lübeck became sovereign city-states. The only remnants of medieval town rights (statutes) included in the Bürgerliches Gesetzbuch of 1 January 1900 were single articles concerning family and inheritance laws. The cities of Hamburg, Bremen, and Berlin are currently administered under Landesrechte, or laws of the federal states of Germany
.

Many towns granted German city rights had already existed for some time, but the granting of town law codified the legal status of the settlement. Many European localities date their foundation to their reception of a town charter, even though they had existed as a settlement beforehand.

Expansion

German town law was frequently applied during the

colonists
beginning in the early 13th century. Because many areas were considered underpopulated or underdeveloped, local rulers offered urban privileges to peasants from German lands to induce them to immigrate eastward. Some towns which received a German town law charter were based on pre-existing settlements, while others were constructed anew by colonists. Many towns were formed in conjunction with the settlement of nearby rural communities, but the towns' urban rights were jealously guarded. Initially German town law was applied only to ethnic Germans, but gradually in most localities all town-dwellers were regarded as citizens, regardless of ethnic origin.

Lübeck law

Lübeck law spread rapidly among the maritime settlements along the southern shore of the Baltic Sea and was used in northern Mecklenburg, Western Pomerania, and parts of Pomerelia and Warmia. It formed the basis of Riga law in Riga, used for some towns in the lands of the Livonian Order in Livonia, Estonia, and Courland.

Magdeburg law

Teutonic Knights in Prussia and along the lower Vistula
in Eastern Pomerania. Other variants included Brandenburg, Litoměřice, and Olomouc law.

Litoměřice law

Litoměřice law and codes based on that of

Wenceslaus I, while German colonists introduced Brünn (Brno) and Olmütz (Olomouc) law in Moravia. South German law, broadly referring to the codes of Nuremberg and Vienna, was used in Bavaria, Austria, and Slovenia, and was introduced into the Kingdom of Hungary during the rule of King Béla IV. Jihlava law was a variant used frequently by mining communities in Bohemia, Moravia, the mountains of Upper Hungary, and Transylvania
. Other town laws were only suitable for or were modified to fit local conditions, such as Głubczyce, Görlitz, Goslar, Lüneburg, Lwówek Śląski, Nysa, Spiš, and Székesfehérvár laws.

Neumarkt law

Resulting from the reign of King

Galicia, and Volhynia. Many Transylvanian Saxon settlements in Transylvania, especially in the regions of Altland, Burzenland, and Nösnerland
, received South German town law in the 14th century.

In the 15th century, many towns in the

Imperial Russia
until the 1830s.

See also

References

  1. ^ Peter Stearns. "Magdeburg Law 1261: Northern Germany". World History in Documents: A Comparative Reader. New York University Press, 1998. Retrieved 28 February 2014.

External links