The deed of gift by means of which Hemma of Gurk on January 6, 1043 left her Rajhenburg seigniory to the Salzburg Archbishop Balduin (predium quod aput Sŏvvam in Richenburhi habebat) became the basis for the Salzburg land estate in the lower Posavje region and remained its property until the last quarter of the 15^th century. On the bank of the river Sava, not far from the confluence of the Krka and Sava rivers, the Salzburg Archbishops built a stronghold. First mentioned in historical sources in 1249 (castum Reyne), the stronghold became an administrative and economic centre of this part of the seigniory. Around that time an urban settlement began to develop around the castle as well, adopting the castle’s name. Both the German and the Slovenian forms of the name originate from the topographical definition of the space in which the castle and the settlement around it were positioned (Rain – breg – bregci – brežci – Brežice). The settlement itself is indirectly, by mentioning its inhabitants (civis), first mentioned in sources in 1309.

The castle, which gradually transformed from a mere office of the Rajhenburg seigniory into an independent seigniory, and the settlement around it, grew in importance throughout the next two centuries. The rent-roll of the Brežice office from the year 1322, just thirteen years after its first mentioning, refers to Brežice as a town (civitas) with its own court and tollhouse (iudicium et muta civitatis). Although still occasionally referred to as a market town, the settlement was consistently referred to as a town from 1345 on. Its wall was another of the town’s attributes, first mentioned in sources in 1354 with the reference to the lower and upper town gates. In the legal sense, however, Brežice became a town in 1353. On May 18 of that year, the Salzburg Archbishop Ortolf granted Brežice its town rights, which were later confirmed and amended by every one of the archbishop’s successors at the metropolitan see and by all successive Habsburg territorial princes. One of the provisions of this privilege stipulated that town judge had to be appointed by the Archbishop or his Vizedom in Leibnitz. The town judge was responsible not only for administering justice in disputes among Brežice townsmen, but also in disputes between townsmen and the nobles who lived outside the city walls but fell under judicial administration of the town. He also adjudicated in petitions filed by foreigners, regardless of their social class, against people of Brežice. The town had the right of 14-day sanctuary for all refugees, including seigniory subjects, who had not sinned against the Salzburg Church or against the town of Brežice. After this time, refugees and their belongings could even stay in the town. Visitors to all of the town fairs were guaranteed complete safety for the whole of eight days before and after a fair. Initially, there were two fairs a year; one at Pentecost and the other on St. Laurence Day (August 10). The latter is also the patron saint of the church in Brežice, which was a branch of the mother parish in Videm, where a vicar, first mentioned in 1354, was employed. The town also had its own coat-of-arms and seal; the earliest seal preserved dates back to 1530.

Up until the granting of town rights, the head of the administration in Brežice was a town judge, who for most, if not for the entire time of the Salzburg era, was appointed and not elected. Between 1479 and 1491, this position was occupied by the Hungarian King Matija Korvin, and after him the position was placed in the hands of each Territorial Prince. During this whole time, the town was incorporated into Celje district, presided over by the Vizedom, which was a supervisory and second-instance judicial authority. If not earlier, it was precisely this transition into the hands of Territorial Princes that helped to establish town autonomy with the election of the town judge and members of the town council. We are able to learn more about the structure of the autonomous town administration in Brežice after the year 1585, when the book of minutes of the Brežice town council begins. However, although extremely important for the history of the town, this book once came very close to being completely destroyed.

As we can read on the introductory page of the book of court protocols and records of decisions important for the town and its inhabitants, one folio with the aforementioned content found itself in one of the town’s shops in 1880, where it was used as “Makulaturpapier”(waste paper). Luckily, Mrs. Janette Kreulitsch recognized the importance of these records and ensured their proper binding into a whole volume. The book now lacks its title page and original pagination or foliation. As was rightly established by the “saviour” herself, it was impossible to determine how much of the content had been lost when folio was at the shop being used as wrapping paper. Most of the preserved entries in the book are written in chronological order and cover the period between 1585 and 1651. As an important source for studying legal and administrative history, the book was analysed in detail by Metod Dolenc in his 1936 study.

Besides containing entries on various court proceedings in matters that were under the jurisdiction of the town judge, the book also brings regular annual entries on elections and appointments of town judges and other town officials. Elections took place on April 25, on St. Mark’s Day. The minutes of the town’s council reveal in several places that this was the day the judge was elected by all townspeople, who gathered at the court house for this exact purpose. In addition to the town judge, bodies of autonomous authority in Brežice included also a body of four people (die Vier von der Gemain), sometimes referred to as the inner council, and a 12-member broader council (die Zwelf im Rath). From 1617 on, the so-called die Zwelf in der Gemain was established, which after a decade was renamed into broader council, and the title of inner council began to be used for the former 12-member broader council. Aside from these elected officials, the town also had some appointed posts, such as that of the town scribe, town teacher, who also performed some duties of a parish clerk, town attendant (halter), and two town constables, who also carried out the work of grain measurers. There is also some mentioning of a court messenger (Stadtpot). Additionally, two ferrymen were hired annually to operate the ferry on the river Sava.

Records on how elections for the town’s administrative bodies were carried out rarely give evidence of any complications. There were only two instances recorded of elected person refusing to accept the office. One of these two cases took place on the election day of April 25, 1643, when Ivan Kos was elected town judge with 30 votes. The elected Ivan Kos, however, resisted accepting the job, and gave in only when he was threaten with a fine of 50 gold coins. A year later, when the same Janez Kos was elected again, there was no report on any such complications. Yet, when he was elected in 1648, he instructed to write down six points of appeal and stated that complying with them was his condition for accepting the post of the town judge. The six points reflected more than just whims of the newly elected official, but rather pointed to some harsh economic circumstances occurring in the aftermath of the Thirty Years’ War. Judge Kos made the following demands:

• All paths, including those under the town’s jurisdiction, must continue being repaired;
• Grain is not allowed to be sold at a profit;
• No subject is allowed to raise pigs or cattle;
• It is even less allowed for subjects to slaughter cattle;
• For each type of grain a price is set and announced;
• A feast must be held for the judge (during the taking of the oath of the newly admitted townspeople).

The protocols and other entries in the book were written in German by the town scribes. Occasionally, Latin legal terms were used, and only in two cases Slovenian words were written down. The first such example is when the German word Gereutt is followed by a Slovenian translation oder Ograia. The second example has to do with the punishment of a slenderer, who offended the town judge and his wife. As punishment, he was locked in the upper tower and was not released until he paid a fine of 10 gold coins. Added to this example is also a moralistic lesson in the Slovenian language – operi Jesigh.

Jože Škofljanec