Medieval and early modern town law

Schloss Ambras
Big City Life in early Innsbruck

After hundreds of years, Innsbruck had developed from a Roman castle into a town. This legal recognition by the sovereign was accompanied by rights and duties: market rights, building rights, customs rights and its own jurisdiction were transferred to the city. The town also monitored compliance with religious order. "Heretics" and dissenters were not reprimanded by the church but by the city government and, in some cases, even sent to prison. The citizens of the city were no longer directly subject to the sovereign, but to the city's jurisdiction, at least within the city walls. The popular saying "Stadtluft macht frei" rührt daher, dass man nach einem Jahr in der Stadt von allen Verbindlichkeiten seines ehemaligen Grundherrn frei war.

Die Bürger mussten im Gegenzug den Bürgereid leisten. Dieser Bürgereid beinhaltete die Abgabe von Steuern und die militärische Verteidigung der Stadt. Ab 1511 war der Stadtrat laut dem Landlibell Kaiser Maximilians auch verpflichtet ein Kontingent an Wehrpflichtigen für die Landesverteidigung zu stellen. Darüber hinaus gab es Freiwillige, die sich im Freifähnlein For example, during the Turkish siege of Vienna in 1529, Innsbruckers were among the city's defenders.

Innsbruck had a completely different social composition to the neighbouring villages. Craftsmen, merchants, civil servants and court servants characterised everyday life. Unlike farmers, craftsmen belonged to the mobile classes in the Middle Ages and early modern times. After their apprenticeship, they went to the Walzbefore taking the master craftsman's examination and either returning home or settling in another city. Craftsmen not only transferred knowledge, they also spread cultural, social and political ideas across Europe. The craft guilds sometimes exercised their own jurisdiction alongside the municipal jurisdiction among their members. They were social structures within the city structure that had a great influence on politics. Wages, prices and social life were regulated by the guilds under the supervision of the sovereign. One could speak of an early social partnership, as the guilds also provided social security for their members in the event of illness or occupational disability. Individual trades such as locksmiths, tanners, platers, carpenters, bakers, butchers and blacksmiths each had their own guild, headed by a master craftsman.

In the 15th century, space became tight in the rapidly growing city of Innsbruck under Maximilian I. Only free subjects born in wedlock were able to obtain city rights. Not everyone was allowed to move into the city. To become a citizen of the city, you had to either own a house or have skills in a trade in which the city's guilds were interested. The dispute over who is a "real" Innsbrucker and who is not continues to this day. The fact that migration and exchange with others have always guaranteed prosperity and made Innsbruck the liveable city it is today is often forgotten.

From the 14th century, Innsbruck demonstrably had a city council and a mayor who was elected annually by the citizens. These were not secret but public elections, which were held every year around Christmas time. In the Innsbrucker Geschichtsalmanach von 1948 findet man Aufzeichnungen über die Wahl des Jahres 1598.

The Feast of St. Erhard, i.e., January 8th, played a significant role in the lives of the citizens of Innsbruck each year. On this day, they gathered to elect the city officials, namely the mayor, city judge, public orator, and the twelve-member council. A detailed account of the election process between 1598 and 1607 is provided by a protocol preserved in the city archive: "... The ringing of the great bell summoned the council and the citizenry to the town hall, and once the honorable council and the entire community were assembled at the town hall, the honorable council first convened in the council chamber and heard the farewell of the outgoing mayor of the previous year, Augustin Tauscher."

The mayor represented the city vis-à-vis the other estates and the sovereign, who exercised overlordship over the city to a greater or lesser extent depending on the era. Each city councillor had their own clearly assigned tasks to fulfil, such as the supervision of market law, the care of the hospital and poor relief or the customs regulations, which were particularly important for Innsbruck. In all these political processes, one should always remember that Innsbruck had around 5,000 inhabitants in the 16th century, only a small proportion of whom had citizenship. The dispossessed, travellers, unemployed, servants, diplomats, employees, women and students were not entitled to vote. Voting was a privilege of the male upper class.

From the 14th century onwards, the taxes paid by the citizens no longer had to be passed on to the sovereign. There was a fixed levy from the city to the sovereign. The city government itself could determine which group within the city had to pay which tax. The city was allowed to manage the difference between income and expenditure as it saw fit. In addition to defence, expenditure included the care of the poor. Citizens in need could go to the "Boiling kitchen" meals, if they had the civil right.

In addition to taxes, customs duties were an important source of income for Innsbruck. Customs duties were levied at the city gate at the Inn bridge. There were two types of customs duty. The small duty was based on the number of draught animals in the wagon, the large duty on the type and quantity of goods. The customs revenue was shared between Innsbruck and Hall. Hall had the task of maintaining the Inn bridge.

Entgegen landläufiger Meinung war das Mittelalter keine rechtfreie Zeit der Willkür. In Innsbruck, wie auch im Land Tirol, gab es einen Kodex, der Recht und Unrecht sowie Rechte und Pflichten von Bürgern sehr genau regelte. Bezieht man die Regeln für Handel, Zölle, Ausübung des Berufes durch Gilden, Preisfestsetzung durch den Magistrat und Strafrecht mit ein, war das vor- und frühmoderne Zusammenleben sogar wesentlich stärker reguliert als heute. Diese Bestimmungen änderten sich nach den Sitten der Zeit. Die mittelalterlichen Gerichtstage wurden an der „Dingstätte" is held outdoors. The tradition of the Thing goes back to the old Germanic Thingwhere all free men gathered to dispense justice. The city council appointed a judge who was responsible for all offences that were not subject to the blood court. Punishments ranged from fines to pillorying and imprisonment.

The penal system also included less humane methods than are common today, but torture was not used indiscriminately and arbitrarily. However, torture was also regulated as part of the procedure in particularly serious cases. Until the 17th century, suspects and criminals in Innsbruck were Kräuterturm at the south-east corner of the city wall, on today's Herzog-Otto-Ufer. There was no police force, but the town magistrate employed servants and town watchmen were posted at the town gates to keep the peace. It was a civic duty to help catch criminals. Vigilante justice was forbidden.

The regional court still had to rule on serious offences. Crimes such as theft, murder and arson were subject to this blood law. In the case of Innsbruck, the provincial court was on the Sonnenburgwhich was located south above Innsbruck. From 1817 - 1887 the Leuthaus the seat of the court judge at Wilten Abbey.

From the late 15th century, Innsbruck's executioner was centralised and responsible for several courts and was based in Hall. The execution centres were located in several places over the years. For a long time, there was a gallows on a hill in today's Dreiheiligen district, right next to the main road. The Köpflplatz was located until 1731 at today's corner of Fallbachgasse / Weiherburggasse in Anpruggen. It was not uncommon for the condemned man to give his executioner a kind of tip so that he would endeavour to aim as accurately as possible in order to make the execution as painless as possible. Delinquents who were particularly harmful to the authorities and public order, such as the "heretic" Jakob Hutter or the captured leaders of the peasant uprisings of 1525 and 1526, were executed before the executioner. Goldenen Dachl executed in a manner suitable for the public. "Embarrassing" punishments such as quartering or wheeling, from the Latin word poena were not the order of the day, but could be ordered in special cases. Executions were a public demonstration of the authorities' power. It was seen as a way of cleansing society of criminals. The bodies of the executed were often left hanging as a deterrent and buried outside the consecrated area of the cemeteries.

With the centralisation of law under Maria Theresa and Joseph II in the 18th century and the General Civil Code in the 19th century under Franz I, the law passed from cities and sovereigns to the monarch and their administrative bodies at various levels. Torture was abolished. The Enlightenment had fundamentally changed the concept of law, punishment and rehabilitation. The collection of taxes was also centralised, which resulted in a great loss of importance for the local nobility and an increase in the status of the civil service. With the increasing centralisation under Maria Theresa and Joseph II, taxes and customs duties were also gradually centralised and collected by the Imperial Court Chamber. As a result, Innsbruck, like many municipalities at the time, lost a large amount of revenue, which was only partially offset by equalisation.

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