Two "Identical" Freiburg Charters of 1275: Cui Bono?
Two town charters were written in Freiburg in July 1275. Both charters indicate that they were written by Count Egino II von Freiburg. In 1828, one of the texts was published (hereinafter referred to as the long draft), the second one (hereinafter referred to as the short draft) was considered identical and was not published However, the documents are not identical. They have different spelling, the archival document is 23 paragraphs shorter. Some laws have different content, sometimes they have the opposite meaning. The short draft was published in 1995. Both texts have identical structure: - The short draft is a translated and modified Freiburg Charter of the early 13th century, with the deduction of three paragraphs and the inclusion of 12 new articles. Some provisions were shortened, amended or changed. - The long draft follows the structure and the content of the short draft. It contains 23 more paragraphs that are new. M. Blattmann suggested that the short draft appeared earlier. The text was submitted to the Count, but it was sent for revision. The long draft was amended with new laws and then again rejected. The historian believes that it was the town that created both drafts. It is impossible to prove this statement. The ancient legal principle of qui bono - who will benefit from the new charter - might help to find out who was the author. The Charters of 1275 continue the traditions of writing charters established during the Zähringer era. In creating charters, the dukes affirmed their legitimate rule over the town. The counts of Freiburg acted differently. The citizens of Freiburg imposed a town charter to the first Count Egino I (1218-1237), which was called the Stadtrodel. The Stadtrodel completely limited the legislative initiative of the counts. At the beginning of his reign, Count Egino II decided to create a new charter in order to consolidate his power. During the uprising 1248, a «Junior» Council of 24 emerged. It controlled the main, «Senior» Council. Both drafts ignored the new authority body. The fact that both drafts of 1275 did not mention the new Council shows the attempt of the «Senior» Council to take revenge for the defeat of 1248. Having attempted to create a new charter, the Count looked like an ally of the «Senior» Council of 24. Thus, the «Junior» Council of 24 did not benefit from the new Charter. In 1275, three political groups fought for dominance in the political arena of Freiburg. They were the «Junior «Council of 24, «Senior» Council of 24 and the Town Lord. At that time, none of these forces had superiority over the others