Darf man Städte plündern und ihre Schätze unter den Angreifern verteilen? Spätestens seit der Haager Konvention zum Schutz von Kulturgut (1954) ist bekannt, dass auch die rechtliche Antwort auf diese Frage klar Nein lautet. In dem hier kommentierten kastilischen Rechtsbuch aus dem 13. Jahrhundert geht es jedoch um Kriegsbeute und Anteile daran. Das Rechtsbuch beleuchtet politische Notwendigkeiten des Beuteerwerbs, Verteilungsrangfolgen und Objekthierarchien und eröffnet so Einblicke in mittelalterliches Rechts- und Unrechtsempfinden im Hinblick auf kriegerische Enteignungen und Translokationen.
kommentiert von Gero und Isabelle Dolezalek
Originaltext Übersetzung Entstehung des Textes Kommentar Literaturverweise
Title XXVI: Concerning the Share Which Men Should Have of What Is Obtained in War
nach: Robert I. Burns (Hg.), Samuel Parsons Scott (Übers.): Las Siete Partidas, Volume 2: Medieval Government: The World of Kings and Warriors (Partida II), University of Pennsylvania Press 2012, S. 474–498.
Gain is something which all men naturally desire to secure, and especially those who engage in war; first, on account of the expense which they incur; second, because they expose themselves to great dangers on account of it. Therefore, since in the preceding Title we have spoken of the compensation which men should receive on account of injuries sustained in war, we desire to speak here of the share they should have of what they obtain thereby. We shall explain what division means; how it is beneficial; in what way it should be made; how much each one should have, and according to what calculation; how the division should be made, and by what men; what benefit results when it is made as it should be; and what injury is caused when this is not done. […]  […]
For What Reason the King Should Be Given His Dues Out of the Booty Obtained in War.
The ancients gave proper and evident reasons why men should lawfully give to the king his share of the booty obtained in war. Wherefore they established the rule that he should be allotted the fifth of what was secured in that way, and for this they advanced five reasons; first, in recognition of his sovereignty which gives him superiority over them, and because he and they are one, he representing the head and they the body; second, through the obligation of common nationality, existing between them and him; third, on account of their gratitude for the benefits which they receive from him; fourth, because he is bound to protect them; fifth, that they may assist him by contributing to the expenses which he has been to, or may incur. No one but the king is entitled to this right of the fifth, as it belongs to him exclusively, for the aforesaid reasons, and although he may wish to bestow it upon someone as an inheritance forever, he has no authority to do so, because it is something which  especially concerns the sovereignty of the kingdom. But, when he desires to confer a benefit or a favor upon anyone, he can concede to him the right to have the income from the fifth for a stated period, or during the life of the king who grants it. There are other dues which should be given to the king out of the most valuable and precious booty obtained from the enemy; and this is for the purpose of showing him special honor; and, in addition to all this, he should have still other rights in the booty, for the reason that he provides his followers with the means by which it is secured, as is set forth in the laws of this Title.
What Things Should Be Given to the King, As His Dues, Out of the Booty Obtained in War.
The ancients deemed it just that a fifth of all movable property which men obtain in war, of every description whatever, living or dead, should be given to the king. And they also decided that when the king was victorious in battle, he should have the commander-in-chief of the other army, when taken prisoner, along with his wives, one or more according to his religion, and his sons, if he had taken them with him, and the men appointed especially for his daily service, along with all personal property found in their possession which belonged to the commander himself. He had, moreover, a right to the towns, castles, and fortresses, no matter how they were acquired, and the palaces of the kings – and where there was no king those of the most prominent men – which were situated in the localities conquered; and We hereby decree that the same rule applies to ships taken from the enemy. […] 
How the Booty Found in a City or Castle Taken by Storm Should Be Divided.
Towns and castles are taken in warfare in many ways, for some are taken by force, and others by stratagem. We now desire to state, in accordance with the decision of the ancients, how the booty obtained in each of these ways should be distributed; and, therefore, we decree that when a town or castle is entered by storm, or by stratagem, the soldiers should not stop for the purpose of plunder until they have taken the entire town or castle, and are masters of all the fortifications, as we have already stated; and those who act in a contrary manner should suffer such punishment as we have decreed ought to be inflicted upon those who stop on the field of battle for the purpose of pillage. After this, the first thing they should do is to deliver to the king the place they have taken, if he happens to be there, by putting him in possession of all the fortifications, and if he is not present, by delivering them to the commander who is there in his stead. But where the latter or someone else under his orders does not happen to be present, but a few persons, acting independently, have captured the place, they should choose certain men of their number to whom it should be delivered in the name of the king, in order that they may hold it for him; and they must assist them to defend it, until the king sends them someone to receive it for him. After this they should collect all the movable property, and, in the first place, set apart for the king whatever he is entitled to on account of his dignity and superiority, as stated in the laws treating of this subject. Their reward should also be given, without delay, to those who first entered the city or castle by storm or by stealth, in the way mentioned in the place where this is treated of; and those who guided them to the city or castle and by whose aid they were enabled to take it, should also be rewarded, according to the agreement entered into with them, and where no such agreement was made, they should be compensated in proportion to the service performed. This should be determined by the judgment of good men chosen from those who were present, and where they do not agree, the matter should be left to the decision of the king, according to what he thinks the parties deserve.
After these rewards have been paid, those to which the guards, the quadrilleros, and other officials are entitled should be set apart, as we have stated in the laws treating of this subject, but this is understood only to apply to cases where an agreement relative to any enterprise was especially entered into with them. Next, the king should be given his fifth of all the movable booty obtained, excepting such as has been cut with scissors, or sewed with a needle: and this regulation was established by the ancients on account of the noble rank of the king, because they did not consider it proper, that he should wear clothes that had been either commenced, or finished for another. All the remaining booty should he divided as we shall show hereafter. […]  […]
How Booty Obtained in War Should Be Divided in Proportion to the Number of Men.
The ancients deemed it proper, in order that the division of booty obtained in war might be equitably made and each receive that to which he is entitled, as we have already shown in other laws with respect to the booty secured in a battle, a skirmish, a fight, a foray or return-foray, in an ambuscade, in a predatory excursion, or through answering a call to arms, or by entering a town, castle, or other fortress, after the king was given his dues, in the manner which we have stated, for all those reasons set forth in other laws, that he should be given them; and where also compensation has been made to the injured, and the guards, scouts, and sentinels, as well as the quadrilleros paid; and the promises made to God for the common benefit of those engaged in these warlike enterprises fulfilled; and the spies and those who obtained information from the enemy rewarded according to the agreements made with them; then, everything remaining should be divided in the following manner, that is by each receiving his share in proportion to the arms, men, and animals which he brought with him. The men, however, should be counted in the following manner, namely; all of them should be actually seen, the name of each one called, and all be compelled to pass under a lance held in the hands of two men, in order that there may be no opportunity for error. The ancients, who were well skilled in war, established this rule for the reason that when men departed from a town, castle, or other fortress, and had to go through certain gates in order to join an army or foraging party, that their number might be ascertained and it be known who each one was, where he came from, whom he served, or what he took with him, they should be counted in this way by passing under a lance […].
Entstehung des Textes
Das kastilische Rechtsbuch, das seit dem 14. Jahrhundert unter dem Titel Las Siete Partidas (Die Sieben Teile) bekannt ist, wurde ca. 1256–1265 unter König Alfons X. zusammengestellt. Damals wurden in vielen Regionen Europas Rechtsvorschriften zusammentragen und vereinheitlicht, um zentrale Herrschaftsgewalten zu stärken. Bis heute ist der einflussreiche Text in mindestens 81 Handschriften und mehreren Editionen erhalten, deren Rezeption auch außerhalb Europas – insbesondere in Südamerika – dokumentiert ist (López 1996; Craddock 1986).
Eine veränderte Version dieses Blogeintrages findet sich in: Isabelle Dolezalek, Bénédicte Savoy, Robert Skwirblies (Hg.): Beute. Eine Anthologie zu Kunstraub und Kulturerbe, Berlin (Matthes & Seitz) 2021.