At the farmhouse court hearings have been holden (called "Taidinge")
Historical Background on the Topic of Court: The former Wartenfels Castle was built around 1260. As its name suggests, it served as a border fortress. (Salzburg only became part of Austria in 1816; before that, our country was separated from Upper Austria by a state border!) Until about 1600, Wartenfels was the seat of the caretaker (Haas, 1979, page 34), a high official appointed by the Archbishop, who was responsible as both judge and chief administrator, military and police commander for the entire judicial district. Probably at the beginning of the 17th century, the caretaker moved to Thalgau, and from then on, the castle fell into disrepair. Before 1848, there were no local communities; the judicial district was divided into individual "Rügate" (from rügen = to judge, to organize). The Wartenfels caretaker's court included twelve Rügate: Elsenwang (the majority of our present-day municipality of Hof), Schroffenau, Thalgau-Dorf, Vetterbach, Thalgauberg, Enzersberg, Fischerweng, Thalgauegg, Fuschl, Faistenau, Tiefbrunnau, and Hintersee. As early as the Middle Ages, this estate was known as Kirchbichlhof; it was the ancestral seat of the noble family of Kirchbichler (in old documents: Kirchpüchler). Legal proceedings took place here when Salzburg was still an independent ecclesiastical principality, known as "Taidinge" (from "Ding" = court, Taiding = day of the court). According to legend, there was said to be an underground passage from here to Wartenfels - likely an indication of the close connection of the execution site to the judge's residence. How did such court days unfold? They typically occurred twice a year (Haas, 1976, page 34): on Georgi (April 23) and Martini (November 11), and all men were obligated to attend. The proceedings were generally held outdoors. A table was set up in the middle along with several long benches, surrounded by barriers; this designated area was called Schranne. In Kirchbichl, this may have been in the place that is now particularly highlighted by a house chapel and a linden tree. First, the caretaker - as the highest representative of the archiepiscopal sovereign - entered the Schranne and took a seat at the table. Around it, but outside the barriers, the people gathered and elected 12 - 14 "Rechtssitzer," also called Rügatmänner. These also took their places on the benches and elected their "Vorsprech" (= legal speaker) from among themselves (Dopsch and Spatzenegger, page 903). A court servant checked whether all invited persons were present and reported this to the caretaker, who then opened the proceedings as the chairperson. First, the Vorsprech had to answer targeted questions from the caretaker to remind those gathered of the applicable, orally transmitted legal regulations. Subsequently, the names of those farmers who were in arrears with taxes and dues were usually called out. After clarifying these matters, further actions were discussed: intended farm transfers, lease contracts, convocations for military service, etc. Legal disputes took up a significant amount of time, of course. Everyone present could ask questions, voice criticism, or file charges. Most often, these concerned so-called "Gemeinfälle" (lower court matters) like property disputes, boundary issues, grazing rights, unpaid debts, petty thefts, and brawls. However, the Wartenfels caretaker's court was also, unlike many smaller courts, responsible for "Malefizfälle" (serious crimes). These included, in addition to murder, manslaughter, robbery, sexual assault, and arson, also desertion, rebellion, witchcraft, treasure hunting, smuggling (as Mondsee and Bad Ischl were already considered abroad!), poaching, adultery, and "Fornifikation" (premarital sexual intercourse). The key figure in the judgment process was not the caretaker, but the Vorsprech. He presented the Rügatmänner with a proposal as to what sentence should be handed down. If they agreed, the Vorsprech would also ask the gathered for their opinions, and only with their consent was the verdict announced. In cases of maleficence, the convicted person could appeal to the caretaker or to the court in Salzburg. Death sentences were also imposed and executed by the Wartenfels caretaker's court. An executioner from Salzburg was brought in for the execution. We have particularly detailed information about one of them - Franz Joseph Wohlmuth - as he kept an exact diary during his long tenure (1757 – 1817). These records reveal how often Mr. Wohlmuth dealt with convicts from our area: eight executions by sword, one flogging, four individuals had to stand in the pillory, and four times the bodies of suicides had to be buried. This occurred over a period of 60 years, indicating that there were relatively few maleficence cases. According to oral tradition, the execution site was located high up on Thalgauberg, near the Austrian border. The farm there is still called Scherntann (from Schergentanne). Old people still spoke in 1976 of a "poor sinner path" and weathered martyr markers. (Haas, 1976, page 34).Visiting only with guided tours
Please get in touch for more information.