|
The ''Bergregal'', or ''Bergwerksregal'', was the historic right of ownership of untapped mineral resources in parts of German-speaking Europe; ownership of the ''Bergregal'' meant entitlement to the rights and royalties from mining (''Berg'' in this context = "mining" and ''regal'' = "regale" or "right" as in ''droit de régale''). Historically, it was one of those regalia, or privileges, that originally constituted the sovereign rights of the king (''Berghoheit'' or "mining sovereignty").〔Wirtschaftsvereinigung Bergbau e.V.: ''Das Bergbau Handbuch.'' 5th edition, Verlag Glückauf GmbH, Essen, 1994, ISBN 3-7739-0567-X〕 In addition to the ''Bergregal'' there was also the ''Münzregal'' or "minting rights", an important sovereign privilege, which was a consequence of the ''Bergregal'', since coins were minted near the mines from which their metal was obtained.〔Hermann Schulz: ''Das System und die Prinzipien der Einkünfte im werdenden Staat der Neuzeit''. Druckerei Duncker & Humblot, Berlin, 1982, ISBN 3-428-05144-0〕 == History == In the early days of the Roman Empire, the landowner had the right to extract minerals. The reason behind this was that mineral resources were seen as "fruit of the soil" which were deemed to belong the landowner.〔 The first regalia, or royal privileges, emerged in the first millennium, but there was still no ''Bergregal'' governing mining rights as part of the laws regulating property. Emperors and kings, the nobility or clerics who ruled over a territory, established this right for themselves, based on their ownership of land and the mineral resources found therein. This was easy for the king or territorial princes because, as a rule, they were the actual landowners.〔(Volker Dennert: Salzgewinnung und Salzrecht ) (accessed on 22 August 2011)〕 But it was often political and economic circumstances rather than law and statute that were instrumental in the establishment of the ''Bergregal''. The Emperor, Barbarossa, had the ''Bergregal'' recorded in writing for the first time in Germany as part of the Roncaglian Constitution in 1158. This effectively removed the right to extract minerals from the landowner who, from then on, had to purchase such rights from the king. As a result of the Roncaglian Constitution, mining rights passed over time into the hands of the territorial lords. This led to arbitrary presumptions of rights by these territorial princes.〔(Hans Krähenbühl: Bergrichter, Bergordnungen und Bergknappen. In Der Bergknappe 85 ) (accessed on 22 August 2011)〕 Because of ''Kleinstaaterei'' – the plethora of minor states – and the special position of ecclesiastical principalities in the Holy Roman Empire, enforcement of the ''Bergregal'' by the emperor was virtually impossible.〔 and so, in many cases, it was given to the princes. For example, Frederick I vested this privilege in Otto the Rich, the Margrave of Meissen.〔Joachim Huske: ''Der Steinkohlenbergbau im Ruhrrevier von seinen Anfängen bis zum Jahr 2000.'' 2nd edition, Regio-Verlag Peter Voß, Werne, 2001, ISBN 3-929158-12-4〕 Likewise, the Bishop of Chur was given the ''Bergregal'' in 1349〔 and the King of Bohemia already received these rights even before the Golden Bull was issued. In 1356, the Golden Bull finally enshrined in writing that these rights were ultimately held, not by the emperor, but by the seven electoral princes (the archbishops of Cologne, Mainz and Trier, the King of Bohemia, the Count Palatine of the Rhine, the Duke of Saxony, Margrave of Brandenburg) as his territorial lords.〔 Existing grants of rights to lower-ranking lords were unaffected. In general, the electoral princes were keen to retain the ''Bergregal'' for themselves. The Treaty of Westphalia in 1648, saw the rights of the ''Bergregal'' pass from the electoral princes to the lesser nobility. To enforce their mining rights, the territorial lords had mining regulations enacted, the so-called ''Bergordnung'', which regulated in detail the mining activities, the duties or tithes (the ''Zehnt''), the structure of the mining authorities and the privileges of the miners themselves. 〔(Bergrecht. TH Clausthal Zellerfeld ) (accessed on 22 August 2011)〕 In the 19th century the ''Bergregal'' in the German states was gradually superseded by mining acts or ''Berggesetze''. In Prussia, the ''Bergregal'' was ended by the General Mining Act for the Prussian States (''Allgemeine Berggesetz für die Preußischen Staaten'') or ABG of 24 June 1865. Landowners' rights were removed and mining regulations were clearly defined in the ''Berggesetz''.〔(Helmut Schelter: Die historische Entwicklung des Landesoberbergamtes Nordrhein-Westfalen. ) (accessed on 22 August 2011)〕 This process began with the Napoleonic conquests, when French law was temporarily enacted in many parts of Germany, and was largely completed with the adoption of the General Mining Act of the Kingdom of Saxony (''Allgemeinen Berggesetzes für das Königreich Sachsen'') on 16 June 1868.〔(Bergrecht bei Zeno.org ) (accessed on 22 August 2011)〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Bergregal」の詳細全文を読む スポンサード リンク
|