Jülich-Bergisches Higher Appeal Court

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The Jülich-Berg Higher Appeal Court was the Supreme Court of the Duchies of Berg and Duchy of Jülich from 1769 to 1806 and then of the Grand Duchy of Berg with its seat in Düsseldorf until 1811 . After its dissolution, the Düsseldorf Court of Appeal succeeded it.

Emergence

On July 17, 1652, Emperor Ferdinand III. granted the Electorate of Bavaria the Privilegium de non appellando . Due to the Treaty of Hanover in September 1752, Elector Karl Theodor obtained from Emperor Franz I Stephan on July 1, 1764, the extension of this privilege to the Palatinate, Berg and Jülich. With the elimination of the possibility of appellation to the imperial courts, a Jülich-Bergisches higher appeal court had to be created.

Resistance from the estates was directed against this project . One of the rights historically guaranteed to the estates was to appeal to the emperor in the event of a conflict. This right has now been abolished. Instead, the appeal would have gone to the higher appeal court, which is dependent on the sovereign.

After the privilege had been officially communicated to the estates on January 5, 1765, they filed a comprehensive complaint on January 29, 1765 with the electoral government in Düsseldorf, the Jülich-Berg Privy Council and the court in Mannheim. The elector had this complaint rejected without any willingness to compromise. The reason for this regulation could be derived from the Privilegium de non appellando from 1652 (at that time Jülich and Berg did not belong to the Electorate), which was older than the rights of the estates.

The estates then took legal action. First of all, on May 26, 1766, they filed a lawsuit against the Elector at the Privy Council of the Electorate. Unsurprisingly, the elector had this complaint rejected. Now the estates complained to the Reichshofrat in Vienna. They referred in particular to a decree of Emperor Ferdinand III. of April 19, 1654 in which the emperor had promised the estates not to increase the minimum value in dispute for an appellation of 600 guilders. The aim of the lawsuit was to restrict the Privilegium de non appellando so that this would not restrict the rights of the estates from 1654 (which would make it largely ineffective). The elector moved to dismiss the action and put the privilege in full. The decree of Emperor Ferdinand III. of April 19, 1654 was declared non-existent without further ado.

The Reichshofrat examined the facts and in 1767 came to a seldom clear assessment of the facts. The estates are fully in the right. In addition to the decree of Emperor Ferdinand III. of April 19, 1654 (which of course existed) a multitude of other legal sources were cited to support the position of the estates. Arguments for the position of the elector were not found. As correct as this vote was legally, it was politically unwelcome. The Kaiser had politically promised the Privilegium de non appellando in the Treaty of Hanover. On March 21, 1767, the emperor ruled the claim as unfounded as an “Ultimo Conclusum” because of his “imperial power”.

A supplication of the estates to the Reichshofrat was directed against this judgment . In this matter, for the next 10 years, letters were exchanged between the conflicting parties and the Reichshofrat. There was no judgment; the Reichshofrat let the proceedings fall asleep.

Regardless of the ongoing proceedings, the elector allowed the preparations for the Higher Appeal Court to continue. Here, too, the rights of the estates (they had to agree to new laws) were violated and the higher appeal court order was issued on July 14, 1769 without the consent of the estates. On August 9, the Secret Council decided not to accept the protest of the estates against the adoption of the Higher Appeal Court Rules.

On August 31, 1769, the Higher Appeal Court was opened.

organization

The concerns of the estates proved to be justified. The higher appeal court order stipulated that the chancellor or governor should be the court president. The judges themselves were appointed by the elector. The booths only had the right to propose. In practice, the judges were also members of the Privy Council.

The Higher Appeal Court consisted of two chambers. Originally 12 judges' posts had been set up. The first chamber consisted of 7, the other of 4 judges. In 1802 the number of judges was reduced. Now the first chamber consisted of a director and three councilors and the second of a director and three councilors. The president of the court was the chairman of both chambers.

The court organization in the duchies was structured in three stages. Lower courts were set up as city or regional courts in the respective offices.

Office Duchy Office Duchy
Angermund - Landsberg Duchy of Berg Aldenhoven Duchy of Jülich
Barmen Duchy of Berg Bergheim Duchy of Jülich
Beyenburg Duchy of Berg Born- Sittard Duchy of Jülich
Blankenberg Duchy of Berg Boslar Duchy of Jülich
Bornefeld-Hückeswagen Duchy of Berg Bruggen Duchy of Jülich
Broich-Mülheim Duchy of Berg Düren Duchy of Jülich
Dusseldorf Duchy of Berg Euskirchen Duchy of Jülich
Elberfeld Duchy of Berg Geilenkirchen Duchy of Jülich
Hardenberg Duchy of Berg Gladenbach Duchy of Jülich
Kaiserswerth Duchy of Berg Grevenbroich Duchy of Jülich
Lennep Duchy of Berg Heimbach Duchy of Jülich
Löwenburg Duchy of Berg Heinsberg Duchy of Jülich
Lülsdorf Duchy of Berg Jülich Duchy of Jülich
Mettmann Duchy of Berg Caster Duchy of Jülich
Mieselohe Duchy of Berg Montjoie Duchy of Jülich
Monheim Duchy of Berg Münstereifel Duchy of Jülich
Mülheim am Rhein Duchy of Berg Neuenahr Duchy of Jülich
Odenthal Duchy of Berg Nideggen Duchy of Jülich
Porz-Bensberg Duchy of Berg Norvenich Duchy of Jülich
Rade in front of the forest Duchy of Berg Randerath Duchy of Jülich
Ratingen Duchy of Berg Sinzig - Remagen Duchy of Jülich
Richrath Duchy of Berg Tomberg Duchy of Jülich
Ronsdorf Duchy of Berg Wassenberg Duchy of Jülich
Scholler Duchy of Berg Defense mastery Duchy of Jülich
Siegburg Duchy of Berg Wilhelmstein Duchy of Jülich
Solingen Duchy of Berg
Steinbach Duchy of Berg
Windeck Duchy of Berg
Wipperfürth Duchy of Berg

In the three largest cities, Düsseldorf, Jülich and Düren, jury courts were set up under the chairmanship of the city schultheißen . In many cases there were also patrimonial courts as sub-courts. Since 1755, the University Court at the Düsseldorf Law Academy was the entrance court.

The court councilor served as the court of second instance . This was also the entrance court for privileged classes (e.g. the nobility, communities, merchants).

The highest court was the Higher Appeal Court. In this role it had replaced the Privy Council and the Imperial Courts.

In the Napoleonic era

In 1801, in the Peace of Lunéville , the Duchy of Jülich was given to France. The Higher Appeal Court was only responsible for the Duchy of Berg. For the further organization of the courts in the former Duchy of Jülich see the court organization of the Left Bank of the Rhine . In 1806 the Duchy of Berg became the Grand Duchy of Berg . The district of the Higher Appeal Court thus expanded. In 1811 the court organization in the Grand Duchy of Berg was reorganized. As a result, the Higher Appeal Court was dissolved and the Düsseldorf Court of Appeal established in its place.

building

Düsseldorfer Marktplatz - The town hall is on the right edge of the picture. The old chancellery is to the left of it, partially covered by the Jan Wellem equestrian statue.
Right building (N): former Jesuit grammar school, today town hall , Mühlenstraße; Andreas Church in the center of the picture (K)

The Higher Appeal Court initially used the old chancellery. From 1788 the court was located in the government building, the former Jesuit college.

Judge

Court presidents

More judges

In 1770 the following judges were active:

Other councils:

literature

  • Ulrich Schnorrenberg: The Jülich-Bergische Higher Appeal Court in Düsseldorf from 1769 . Dissertation 1983.