Johann Heinrich von Berger

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Johann Heinrich Berger (1709)

Johann Heinrich Berger , von Berger since 1717 , (born January 27, 1657 in Gera ; † November 25, 1732 in Vienna ) was a German lawyer.

Life

Berger was born as the son of the former vice principal at the Gera high school and later rector of the high school in Halle (Saale) Valentin Berger (born January 18, 1620 in Ohrdruf; † May 22, 1675 in Halle (Saale)) and his wife Margaretha Katharina, married in 1655 ( born Faschen from Arnstadt † 1695). He enrolled at the University of Leipzig in order to devote himself to studying law, where he found a sponsor in Jacob Born (the elder) . In 1677 he moved to Jena and heard there Georg Adam Struve , Johann Schilter and Nikolaus Christoph Freiherr von Lyncker . Here he also dealt with theological, philosophical and historical topics.

Moved back to Leipzig, he acquired his doctorate in 1682 and got a job as an assessor in the clerical consistory. In 1685 he accepted an offer from the University of Wittenberg as a full professor and assessor at the Wittenberg court. He soon acquired a seat in the Schöppenstuhl at the Faculty of Law. This was followed by a seat at the Lower Lusatian regional court and in 1694 he became a councilor at the court of appeal in Dresden .

He turned down offers from other universities, for example in 1695 when he was supposed to take over Lyncker's position in Jena. In 1707 he became assessor primarius at the court court of Electoral Saxony, full professor at the law faculty, took over the chairmanship of the Wittenberg consistory as director and became the royal Polish and electoral council. As such, from 1697 he participated in the preparatory work for a new procedural order, which was presented to the estates in 1699. This procedural order, which was mainly developed by Berger, essentially forms the basis of the "Explanation and improvement of the previous (Electoral Saxon) procedural and court order" published in 1724 . On Lyncker's recommendation, he became Reichshofrat under Emperor Joseph I.

In 1713 he received from Karl VI , after he had become an assessor of the Imperial Vicariate Court in Electoral Saxony in 1711 , the appointment as Protestant Imperial Court Councilor, which in 1717 led to the elevation to the nobility of the Holy Roman Empire and which was followed by the immediate Frankish, Swabian and Rhenish knighthood . He turned down other appointments such as the post of Prime Minister and Chancellor of Weimar.

Berger had acquired extensive knowledge of Roman and German law through tireless diligence and was able to assess the legal directions with the intelligence he had given him. His main work rests in the communications of the jurisprudence of his time and the use thereof to gain legislative points of view.

family

Berger married on November 8, 1684 in Dresden Maria Sophia Jacobi (* 1665 Dresden; † 1711), the daughter of Dr. jur. Adam Christoph Jacobi (1638–1689) and Maria Gertrud Börner (1645–1711). The couple had eight children, four sons and one daughter survived him. The surviving sons were Christof Heinrich von Berger , Johann Samuel von Berger (born August 16, 1691 in Wittenberg † September 17, 1757 in Celle, enrolled at the University of Wittenberg on October 14, 1703, and on October 18, 1709 master's degree in philosophy, licentiate and doctor of medicine in September 1713, doctor in Celle, second marriage in 1726 to Margarethe Louise von Ramdohr (1705–1790), granddaughter of Andreas Ramdohr ), Johann August von Berger and Friedrich Ludwig von Berger . The daughter married the theologian Andreas Charitius .

The grandchildren, the sons of Johann Samuel von Berger, include the royal Danish personal physician Johann Just von Berger and the royal Danish hussar general Valentin von Berger .

Fonts (selection)

  • Electa processus executivi, possessorii, provocatorii, et matrimonialis. Lanck, Leipzig 1705.
  • Electa disceptationum forensium, secundum seriem ordinat. proc. jud. elect. Sax. Concinnata, quibus jus, idemque partim constituendum, partim constitutum, receptumve expenditur et consultationibus, quaesitis, responsis, praejudiciisque illustratur. Lanck, Leipzig 1706.
    • Supplements. Pars 1: Accessit centuria. 1: Consiliorum juris miscellaneorum. Lanck, Leipzig 1707.
    • Supplements. Pars 2: Accessit centuria. 2 and 3: Conciliorum juris miscellaneorum, cum additamentis. Lanck, Leipzig 1709.
  • Oeconomia iuris ad usum hodiernum accomodati. Lanck, Leipzig 1712.
  • Together with his son Christoph Heinrich von Berger : Consilia iuris , published by Lanckische Erben, Leipzig 1731 ( link to the digitized version )

Further works in Oeconomia iuris. Ad usum hodiernum accomodati accurante. Editio 8, denuo revisa. Edited by Christian Gottlieb Haubold . Weidmann, Leipzig 1801, and in Johann Friedrich Jugler : Contributions to the legal biography or more precise literary and critical reports on the life and writings of deceased legal scholars and statesmen who have made themselves famous in Europe. Vol. 1, Stück 1, 1773, ZDB -ID 346918-9 , pp. 38-60 .

literature

Web links