Hauptmannsgericht

The Captain Court was from 1561 to 1795 in the Duchy of Courland and Semigallia and 1795-1918 in Courland Governorate a dish on the county level . It was headed by a nobleman elected from the Courland knighthood as captain .

history

In the Courland area , officials from the nobility were elected for the jurisdiction, who received the title captain (Capitanei minores). In the beginning there were 8 main courts in the Duchy of Courland and Zemgale, the number of which was increased to 10 in 1786. The Hauptmannsgericht was predominantly an administrative authority and less a court , and its tasks essentially corresponded to those of the hook judges in Estonia and law enforcement judges in Livonia . With the third partition of Poland in 1795, the duchy was annexed to the Russian Empire and assigned to the Baltic Sea Governments as the Courland Governorate . Another reform led to the establishment of a department for peasant things with aristocratic and peasant property in 1817, which was however repealed in 1821 and assigned to the district court .

Organization of the main courts

In the Courland Governorate there were a total of ten main courts, which were identical to the district areas. There were 2 main courts in each Oberhauptmannschaft , these included:

• Oberhauptmannschaft Mitau : Doblen and Bauske ,
• Oberhauptmannschaft Selburg : Friedrichstadt and Illuxt ,
• Oberhauptmannschaft Tuckum : Tuckum and Talsen ,
• Oberhauptmannschaft Goldingen : Goldingen and Windau as well
• Headquarters Hasenpoth: Hasenpoth and Grobin . Each Hauptmannsgericht consisted of a captain as head and 2 assessors, an actuary , several clerks , and 1-2 bailiffs . The Hauptmannsgericht in Doblen also had a march commissioner , who was responsible for ensuring the movement of the troops. The captains and assessors were elected for life from the Courland Knights.

Duties and authority

The legal basis for the Hauptmannsgerichte and the captains was laid down in the authorities' constitution 1, from 1845:

1. The first section of this ordinance established the main courses. This included their locations , the composition of the staff, their tasks and the swearing-in and resignation .

2. The area of ​​responsibility or, as it was called in the second section, the competences of the courts, was divided into the following main sections:

• Overseeing the observance of the law , maintaining public safety, and caring for the general welfare
• Monitoring and observing the interests of the crown ( ruler )
• Measures to administer justice and
• Military support .

3. In the third section, the limits and the nature of the authority of the main courts are regulated. These included, for example, measures to be taken in the event of floods and forest fires , the pursuit of thieves , robbers and criminals , compliance with all laws and regulations, intervention in the event of violations of public safety and order, the granting of legal protection and other minor measures. They were expressly and directly subordinate to the governor's government, to which complaints about or against the Hauptmannsgericht were to be submitted.

4. In the fourth department, the course of meetings and the course of business in the main courts were laid down in detail.

5. In the fifth section of the authority constitution, the accountability and responsibility of the main courts were ordered. It was the responsibility of the civil governor to carry out inspections in order to get an overview on the spot.

6. Further administrative or organizational provisions, such as the correspondence of the Hauptmannsgerichte with other authorities, were regulated in the sixth department.

See also

• Hook judge in Estonia
• Law enforcement judge in Livonia
• Parish judge in the Baltic States

Web links

• Authorities constitution: 1, Volume 1 of the Provincial Law of the Baltic Sea Governments , Imperial Print, 1845, original from the Austrian National Library, digitized 29 Aug. 2011, page 199 ff.
• Provincial law of the Baltic Sea Governments, compiled on the orders of Mr. and Emperor Nikolai Pawlowitsch: Translated from the Russian originals in the 2nd Department of His Imperial Majesty's Own Chancellery, Volume 1 , His Imperial Majesty's Own Chancellery, 1845, original from Bayerische Staatsbibliothek, digitized 23 July 2010.
• From the Hauptmannsgericht as police. In: Code of the Courland farmers. (Coming to the introduction of the Bauer regulation) . Published 1819, originally from Oxford University , Digitized Nov 14, 2007, 136.

Individual evidence

1. ↑ The local Hauptmannsgericht. In: Ernst Henning, History of the City of Goldingen in Kurland: With the portrait of D. Köster, Volume 1 from Kurländische Collections, Verlag Steffenhagen, 1809, original from Bayerische Staatsbibliothek , digitized 4. Aug. 2011 [1] , page 165, accessed on December 14, 2016
2. ↑ Hauptmannsgericht. In: Baltic legal dictionary (Ziegenhorn § 546; BPR I § 1360-1396; Bunge, Geschichte 312.) [2]
3. ↑ Composition and organization of the land police in the Baltic Sea Governments. In: The domestic. A weekly for Liv, Esthian and Curland history, geography, statistics and literature, (August 29, 1844) Volume 9, Friedrich Georg von Bunge , Kluge Verlag, 1844, original from the Austrian National Library , digitized February 4, 2014 [3 ] , accessed December 14, 2016.
4. ↑ Art. 1360-1370, constitution of the authorities: 1, Volume 1 of the provincial law of the Baltic Sea Governments, Kaiserl. Print., 1845, original from Austrian National Library, digitized 29 Aug. 2011, page 199 ff., [4]
5. ↑ ibid., Art 1360 ff., Page 199
6. ↑ ibid., Art. 1374-1382, pages 204-205.
7. ↑ ibid., Art. 1383-1390, pp. 205-206.
8. ↑ ibid., Art. 1391/1392, page 206