Magdeburg law and Rus'.
Magdeburg law, which was in force on the territory of Rus', unlike Muscovy, is still a rather mysterious term, especially for Russians. Such a right was never known in Russia, it was not written about in textbooks, because such a phenomenon has never happened in Russia. In principle, Belarusians don’t really remember this anymore. What kind of right is this?
The origins of Russian democracy lay in the veche (parliamentary) system of Novgorod, Polotsk, Pskov, and Smolensk Rus'. The prince (king) was elected at a general meeting, and the townspeople had the right to re-elect him.
Northeastern Rus', or Muscovy, which went into the Horde for 250 years, developed in a different way. There has never been a veche system in Moscow.
When Ivan IV the Terrible (Catherine’s historians preferred to translate the European nickname of the Moscow sovereign Terrible as Terrible) captured the suit in former Horde(Gold, but not Blue) and Republic Velikiy Novgorod, he, following Ivan III, began to methodically fight Russian democracy: the veche in Novgorod and Pskov was dissolved. Ivan the Terrible executed members of the Novgorod veche. All free rights of citizens were also destroyed. It was then that the sad legend was born about the city of Kitezh, “Rus, drowned by the Muscovites,” which “will float to God when Horde Moscow ceases to rule over Russia.”
Minsk researcher Artem Denikin writes:
“One can only regret that this anti-Russian mentality of the lack of rights of the people - the Horde - is presented by some today as something typically “Russian” ...
However, it cannot be said that in Khan's Horde There was such a mess going on. The Great Khans respected other nations, otherwise there would be no Moscow today. The regimes of Genghis Khan and Batukhan were distinguished not only by the strength of their armies, but also by their tolerance towards all peoples and religions of the Horde (Christianity was not persecuted, but was an official religion of the Horde along with Islam). Relations between Rus' and the Khanate during the time of Tokhtamysh were the most good-neighborly: the Russians helped Tokhtamysh in the fight against Mamai on the Kulikovo field, and Tokhtamysh helped the Russians and Poles in the battle of Grunwald to defeat the crusaders.
It got worse when the Horde collapsed, and the already independent Muscovy decided to conquer all Russian and Bulgar lands. But Russian state The Grand Duchy of Lithuania, Rusin and Zhmaitsk (GDL), in contrast to the politically weak Novgorod, resisted Moscow’s aggression, preserving the Russian state borders and land. The veche system evolved into Magdeburg law - more perfect form systems of European self-government.
Magdeburg law first appeared in the German city of the same name in the 13th century, and from the 14th century. began to spread in the lands of Rus'. Source of Magdeburg Law - “Saxon Mirror” - collection of German feudal law- statute of Magdeburg, where the organization was determined craft production, trade, the procedure for the election and activities of city government, guild associations of artisans and merchants.
Residents of cities that had this right were freed from feudal duties, from the court and the authority of governors, elders and other government officials. On the basis of Magdeburg Law, an elected body of self-government was created in the city - the magistrate.
Magistrates ensured order in cities. All large settlements Lithuania (Belarus) had Magdeburg law, i.e. self-government, a whole system of rights of citizens and the city as a whole, as opposed to the State. Naturally, such a right was given only if all the necessary institutions functioned effectively in the city and the rights of citizens were fulfilled.
Among the first in the Grand Duchy of Lithuania, the Belarusian city of Vilno, the capital of the Grand Duchy of Lithuania, received Magdeburg Law (in 1940, Vilno, which was transferred to the Lithuanian Republic, became Vilnius). This happened in 1387. Then Brest acquired such a right (1390), and in 1391 Magdeburg law came to Grodno. Later, other cities of the Grand Duchy of Lithuania received this right:
Slutsk (1441),
High (1494),
Polotsk (1498),
Minsk (1499),
Braslav (1500),
Novogrudok (1511),
Pinsk (1581), as well as more than fifty other cities.
All big cities Belarus had Magdeburg Law, under the laws of which about three quarters of the total population of the Grand Duchy of Lithuania lived.
With the introduction of Magdeburg law, activities were abolished local law and the power of the State Bureaucracy, something that does not exist in Moscow to this day! In the Kremlin, even under the so-called party system of government during the USSR, the typically tsarist style of management was preserved - everything was decided by opinion Secretary General, essentially a monarch.
Typical attributes of cities that owned Magdeburg Law were an elected magistrate and tribunal (court), a town hall (government house), freedoms and privileges, which modern understanding and are attributes of democracy.
The current Belarusian capital Minsk received Magdeburg Law on March 14, 1499 thanks to the Grand Duke of Lithuania and Russia Rurikovich Alexander Kazimirovich (1461 - 1506). The city was governed by a magistrate headed by a voight. The 12 councilors elected to the magistrate appointed two burgomasters for a one-year term - the then executive committee.
ON, aka Belarus, was essentially typical European state, like Sweden, Czech Republic, Holland or Poland.
The destruction of Belarus (Lithuania) as a democratic autonomy began in 1795, when, after the third partition of the Polish-Lithuanian Commonwealth - the Uniate union of Poland and the Grand Duchy of Lithuania - the lands of Belarus became part of Russian Empire Catherine II. The queen immediately abolished the Magdeburg Law in all cities. In 1870, the Minsk magistrate itself was abolished. Even the name “Principality of Lithuania” itself was abolished, and Lithuania (Belarus) was given the impersonal “northwestern region”, and the name “Lithuania” was given to the Baltic province of Zhmaitija and Duchy of Courland, former vassals of Lithuania and Poland.
In Russia - “the land of slaves, the land of masters” - there was no self-government of the people, so the Romanovs, and after them the Bolsheviks, tried their best to make the Belarusians forget their democratic past. It was harmful for both the Romanovs and Stalin.
Although they haven't forgotten. A modern Belarusian historian writes:
“For modern Minsk residents, the concept of Magdeburg Law is symbolic. It serves as a reminder that late XVIII V. Minsk was a completely European city.”
The building of the Minsk Town Hall was built in the first half of the 16th century. It was made of wood. Archaeologists never found its remains, but it was located in the same place where the City Hall now stands - on Freedom Square, the former Cathedral Square. A stone building replaced a wooden one in 1582, and it stood in the same place, only in the middle of the square. After the fire of 1640, the town hall was rebuilt, giving it an expressive architectural appearance. The building survived the terrible war for Belarus with Muscovy of 1654 - 1667, when the Grand Duchy of Lithuania lost every second inhabitant. Moscow Tsar Alexei Mikhailovich Romanov, who ordered to burn and kill everyone, spared the Minsk City Hall. Moscow voivode Yakovlev, in a report to the tsar from Minsk, mentioned the town hall as “a kind, majestic stone building.”
Czech Tanner, who visited Minsk in 1678, spoke of the town hall as the main decoration of the square.
In 1744, the very dilapidated town hall building was restored at the expense of the townspeople. But after the annexation of the Grand Duchy of Lithuania to Russia, the town hall was used either as a courthouse, or as a guardhouse, then as a police station, archive, music school and even the theater.
In 1857 the town hall building was demolished:
“By its existence, it reminded residents of the customs of the past, of Magdeburg Law.”
Nicholas I personally ordered the demolition of the building. That was the time when “Lithuania” was banned altogether and replaced with “Belarus”.
Now the town hall building has been restored under the leadership of architect Sergei Baglasov. I would like for the restoration of the town hall to restore its meaning, as well as the memory of the customs of the past, of Magdeburg Law.
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The role of Magdeburg law in the history of Ukraine.
In the history of Ukraine, problems of a state and legal nature have been noted. The question of the constitutional process was often raised and local government. In the end, all attempts were not justified. The study of these processes was often carried out by historians rather than legislators. But Vasya understood perfectly well that in the new and modern state Ukraine, legal reform is necessary. After all, law is an indicator of the cultural level of a people. the main task, was that the law be developed to high level and became part of the consciousness of the people. After all, it is true that only the people create history and the state for themselves and their heirs.In Ukraine, legal reform and self-government took place in the period of the XIV - XVIII centuries. It was based on the provisions of Magdeburg Law.
What is Magdeburg law, as well as the history of its origin.
The period of the 9th - 11th centuries is known in Germany for the development of trade. This became the main profit of urban communities. There was a need to strengthen security, not only from attacks by enemies, but also to protect local feudal lords. Feudal lords are local managers of self-organizations in Germany. Economic development is rapidly improving, cities are expanding. The first to be adopted is the law that allows rule-making urban activity.
Germany felt responsible for the benefits. This became the basis for the formation of a model of a free urban society. The right of jurisdiction and self-government was introduced, as well as permission to trade and receive education in the workshops.
The first city to apply such rights was Magdeburg. From this arose the concept of freedom and self-government, Magdeburg Law. In Germany, it, in combination with other rights, became the basis of the judicial system, civil law, legislation, and criminal liability.
History of the emergence of Magdeburg law in Ukraine.
During Tatar campaigns second half XIII c., Poland and Hungary, took measures to populate empty cities and towns due to German colonization, to develop the economy and trade. IN beginning of XII., their settlement took place on the territory of the Galicia-Volinsky principality. In the next century, their settlements increased significantly. Prince Daniil Galitsky, made many attempts, inviting German colonists to come to Ukrainian lands. Promising gifts and incentives in return.After Mongol invasion, Ukraine's economy suffered and the arrival of the Germans was necessary. And so it happened. Even in the chronicle, those times are described how the Germans marched not only during the day, but also at night. Arriving on Ukrainian lands, first of all they demanded in cities with large population, lead their traditions in the field of trade and industry.
Then, in order to achieve a successful result, the rules of Magdeburg law were introduced. They were compiled from a list of statutes and rights that were used in the management of German cities. The first legal book became known in history, in which all the rights and statutes of the Saxon Mirror were recorded. Date of its creation - beginning of XIII V. IN Western Ukraine, the city of Nowy Sacz was the first to receive privileges for self-government. This event took place in 1294.
The Galicia-Volino principality gradually lost its power due to frequent attacks by the Tatars. In 1340, Prince Boleslav-Yuri died. This was the beginning of a struggle between neighboring states for Volyn and Galicia. As a result of the struggle, Lithuania, led by Prince Lubart, took possession of Volyn, and Poland, with King Casimir, took possession of Galicia. Lvov was captured. The war between Lithuania and Poland did not stop there. As a result, Lviv was practically destroyed. King Casimir believed that the restored city should have developed trade and, of course, an economy. Therefore, he assigned Magdeburg Law to Lvov. Such a significant event took place in 1356.
The question of who was the first to receive this right, Lvov or Sanok, turned out to be controversial. Taking everything into account historical facts, it is unlikely that such a small town as Sanok was given such a right in the first place. Many historians argue that King Casimir could only confirm the Magdeburg Law for Lviv, which was assigned earlier. There are reasons for this, moreover, documentary evidence. It was even mentioned above that Danilo Galitsky promised the Germans freedom of trade. Most likely, it was then that Lviv received Magdeburg Law, but not as officially as King Casimir did.
In Ukraine, about 400 cities and towns, during the period of the 14th - 16th centuries, received Magdeburg Law. Among them: Galich, Kolomyia, Terebovlya, Sambir, Sudovaya Cherry, Drohobych and others. It spread faster in the east and center of Ukraine.
During this period, city residents resisted such changes. The non-catalytic people faced restrictions on their rights, foreign expansion intensified, all this became the cause of resistance, which eventually gradually disappeared. It is worth noting that Magdeburg law was applied taking into account local conditions, in military courts. During the Hetmanate, it became an integral part of history legal system Ukrainian people.
Magdeburg law was not applied in Russia. Moscow did not need it, even though it was more advanced than Russian national law.
The signing of the Treaty of Pereyaslav in 1654 became a guarantee that all Ukrainian cities would receive Magdeburg Law. With the advent of regimental courts and the General Court, Magdeburg law was incomplete.
Self-government in cities was limited to this. After the liquidation of autonomy occurred in Ukraine, self-government in cities gradually disappeared. In 1831, a royal decree was issued on the abolition of Magdeburg Law in Ukraine. In Kyiv this happened later, in 1835.
How self-government took place in cities based on Magdeburg Law.
When cities gained the right to self-government, they began to turn into corporate ones. In Ukraine, feudal governance had a bad effect on the position of the philistinism. The people sought freedom and self-government, and not infringement by the government or church. The people's struggle became successful. In the 15th century, the rulers of Lithuania and Poland deservedly awarded certain cities and granted them certain liberties. Thus, they provided them with the possibility of self-government, but the basis of which was Magdeburg law.Such letters had three main provisions:
- all customs of Lithuanian, Polish, Russian rights, abolish;
- the authorities and courts governing previously will also be abolished;
- townsfolk should receive advice and education from self-government.
Thus, philistinism reached another level. Self-government was divided into certain bodies and positions. Depending on the size of the cities and population, a magistrate was created headed by a voyt, the burgomaster, the ratmans, and the lavas were subordinate to him. This was the established management system. All positions were elected by the people.
The magistrate managed all areas: the judicial system, economic, finance, police, economy. All members of the government were elected every year. The specific day was determined in advance. All citizens had to appear to vote. Age limit had a range from 25 to 90 years. To become a candidate for any position, one had to own at least real estate within the city. It was a strange requirement for candidates; poor and rich citizens were not allowed on this list. They were forbidden to divulge civil secrets, have a bright mind and firmness in decision-making. But despite these demands, power passed to wealthier candidates, and all the demands can be called wishes.
Magdeburg Law in Ukraine provided expanded powers for rulers. They dealt with all issues and eliminated problems and misunderstandings. It is very important that much attention was paid to the problems of the city’s economic sphere. The tax system was controlled.
Municipal law, which originated in Magdeburg and, in the Middle Ages, was widespread in many European countries. Dictionary foreign words, included in the Russian language. Chudinov A.N., 1910. MAGDEBURG LAW in the Middle Ages, a set of provisions... ... Dictionary of foreign words of the Russian language
MAGDEBURG LAW- one of the most known systems city law. Magdeburg law developed in the 13th century. in the German city of Magdeburg. Legally secured the rights and freedoms of citizens, their right to self-government... Big encyclopedic Dictionary
Magdeburg law- one of the most famous systems of urban law. Magdeburg law developed in the 13th century. in the German city of Magdeburg. Legally secured the rights and freedoms of citizens, their right to self-government. Political science: Dictionary reference book. comp. Prof. Paul Sciences... ... Political science. Dictionary.
MAGDEBURG LAW- (lat. Jus theutonicum magdeburgense) feudal city law German city Magdeburg. It developed in the 13th century. from different sources, incl. from the privileges given by Archbishop Wichmann to the city patriciate (1188), the Saxon Mirror, ... ... Legal encyclopedia
Magdeburg law- (German: Magdeburger Weichbildrecht) system of city law that developed in the 13th century. in the German city of Magdeburg. It was based on a collection of laws compiled at the end of the 13th century, which included the Saxon Mirror, the norms of the Magdeburg City... ... Encyclopedia of Law
MAGDEBURG LAW- one of the most famous systems of medieval city law. It developed in the 13th century. in the German city of Magdeburg and was borrowed by several dozen others European cities. Legally secured the rights and freedoms of citizens, their right... ... Legal dictionary
Magdeburg law- one of the most famous systems of urban law. Magdeburg law developed in the 13th century. in the German city of Magdeburg. Legally secured the rights and freedoms of citizens, their right to self-government. * * * MAGDEBURG LAW MAGDEBURG LAW, one of... ... encyclopedic Dictionary
Magdeburg law- see Magdeburg Law... Encyclopedic Dictionary F.A. Brockhaus and I.A. Ephron
Magdeburg law- (jus theutonicum magdeburgense) feudal city law of the German city of Magdeburg. It took shape in the 13th century from various sources, including the privileges given by Archbishop Wichmann to the city patriciate (1188), the Saxon Mirror... ... Great Soviet Encyclopedia
MAGDEBURG LAW- (lat. Jus theutooicum magdeburgense) feudal city law of the German city of Magdeburg. It developed in the 13th century. from various sources, incl. from the privileges given by Archbishop Wichmann to the city patriciate (1188), the Saxon Mirror, ... ... Encyclopedic Dictionary of Economics and Law
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one of the most famous systems of medieval city law. It developed in the 13th century. in the German city of Magdeburg and was borrowed by several dozen other European cities. Legally secured the rights and freedoms of citizens, their right to self-government.
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MAGDEBURG LAW
lat jus theutonicum magdeburgense) is a type of medieval city law that arose at the end of the 12th century. based on the legal system of the German city of Magdeburg and subsequently spread throughout Eastern Europe.
City law, including M.p., arose during liberation struggle citizens against city lords as a common and equal right for all. The first reliable records of MP, reflecting in many respects the everyday legal consciousness of that time, include, in particular, the privileges granted by Archbishop Wichmann to the city patriciate (nobility) of Magdeburg, decisions of the Sheffen court (see Great Britain), records of city customs, etc. The most famous source of M.p. - the so-called Vulgate, or “Saxon Weichbild” (XIII-XIV centuries), which is a record of the customary law of the cities of Saxony, including excerpts from the “Saxon Mirror” and a number of other documents. To the systematized records of M.p. also include the Meissen collection (XIV century), records judicial practice Sheffens of Magdeburg, “Magdeburg Questions” (XIV century), which contain the verdicts of the Sheffens in various complex cases. Later in the M.p. system also included works by professional jurists of the 14th-16th centuries, the so-called post-glossators, or commentators.
M. p., providing citizens with exemption from most of the feudal duties, had a universal character: it regulated the activities of city authorities, the competence and procedure of legal proceedings, solved problems of land and other property within the city, and established sanctions for different kinds offenses. Much attention norms of M.p. They also paid attention to the legal support of crafts and trade, regulation of the activities of workshops and merchant guilds, and taxation issues. The most significant features of municipal law, as well as any medieval city law, are the dominance of customs and susceptibility to the influence of religious views. Recording itself was not a custom at that time. legal force and was compiled only for general information. An illustration of the importance of customs can be seen in one of the provisions of the MP, according to which “good old customs are like law and create law after a long time.” Influence religious ideas the right was affected in two ways: on the one hand, gaining independence from the feudal lord or royal power, the burghers sought to sanctify the privileges received by the priority of divine power and in this regard to present city law as synonymous with justice; on the other hand, glosses (interpretations of the rules of law by medieval jurists) often contain the statement that the task of law is to overcome the devil’s machinations.
As an element of legal culture accompanying Catholic colonization eastern territories, M.p. was adopted by many cities in Silesia and the Czech Republic. Hungary, and in the 16th century. through Poland and Lithuania it spread to the territories of Galicia and Western Belarus(Polotsk). In Germany M.p. retained its importance until the 17th century.
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