Bailiff

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Court keeper , also known as court administrator or justitiarius, was a court clerk who, within the framework of patrimonial jurisdiction , carried out the administration of justice for the landlord , also called court lord , as the court clerk appointed to handle this jurisdiction .

Patrimonial jurisdiction could indeed be acquired and owned by anyone who is able to acquire property (including women and children), but the properties required by the state for the administration of judicial offices were necessary for its administration. If the judge did not have these qualities himself, he was not allowed to administer his own courts. Instead, he was obliged to appoint court officials. While he was initially able to use and withdraw these arbitrarily, over time the legal opinion prevailed that the court holder was part of the state administration of justice and - to avoid arbitrary decisions by the court lord - not an organ subject to his instructions . To ensure this, the patrimonial jurisdiction was gradually restricted in most of the German states and finally abolished completely. Until then, the state exercised increasing supervision over the patrimonial courts. Once appointed, the court officials were under his supervision .

literature

  • Hesse, Christian August: Views on the patrimonial jurisdiction, in particular on the legal relationship existing between the court lord and his court administrator , Altenburg 1842

Web links

Christian August Hesse - online text version