Parish Court (Baltic States)

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The parish court or parish court was in Estonia and Livonia together with Ösel a court instance between 1721 and 1918 , in which disputes between the farmers and the community were resolved. Furthermore, a parish court ruled on differences between the community and the community court and assessed complaints from the landlords against farmers and the community administration. Complaints by farmers against landlords were only examined by this authority and referred to the district courts . For example, a parish court had the following constellation:

  • Parish Judge : Mr. titular and Knight Karl von Palm shrub in New wool ride
  • Substitute: Dr. med. Gotthard from mountain to linden tree
  • 1st assessor: Peter Kallatz from Lipskaln; Subsitute: Jahn Elias from Neu-Sackenhof
  • 2nd assessor: Indrik Zeirehn from Kempen; Substitute: Spritz karts from Neu-Wollfahrt
  • 3rd assessor: Joseph Weide from Luhde Castle; Subsitute: Jakob Elp from Luhde Castle

In the Duchy of Courland and Zemgale , the function of the parish court was performed by the Hauptmannsgericht between 1795 and 1918 .

Duchy of Estonia

In Estonia, similar to Livonia, the peasant courts were divided into the following instances: 1st instance municipal court, 2nd instance parish court, III. Instance of the Higher Regional Court ( Landratskollegium ) and also since 1885 as the last and fourth instance of the Senate of the Russian Empire . The parish court consisted of a parish judge , he was elected by the landlords and preachers of a parish court district, which consisted of several parish parishes . The parish judge audited the municipal administration annually and supervised the municipal treasury. The parish court were elders subordinate who in their community police force ran. Police supervision of the property was the responsibility of the landlord or one of his representatives, who had to be reported to the parish court. Complaints about community decisions were initiated at the parish court and handed over to the district court. Half of the upkeep of the parish courts was borne by the estates, according to the assessment, and half by the peasants, divided according to their heads.

Duchy of Livonia with Ösel

The peasant courts belonged to the state authorities of the Duchy of Livonia, they were municipal courts in the 1st instance, parish courts in the 2nd instance, and III. District courts, IV. Instance to the court court and since 1885 the senate of the Russian Empire as the last and fifth instance. In Livonia, the parish court was established on the basis of the Livonian Farmer Ordinance (BVO) of 1819. It consisted of a parish judge , a substitute and three assessors of the peasant class. The representatives of the peasantry were elected by the municipal judges of the districts. The parish judges, in turn, were elected by the manor owners and preachers of the district at the meeting of the district consisting of several parish parishes. The jurisdiction of the parish court extended to civil matters and police matters, it was at the same time the supervisory authority over the administration of matters in community matters. It also carried out a control function over the municipal administration and its officials, the parish judge audited the municipal administration annually and supervised the municipal treasuries. The community elders, who at the same time had police powers and exercised punitive powers , were subordinate to the parish court. Special provisions applied to the island of Ösel, so Ösel had its own knighthood and an independent state parliament, which resided in Arensburg . The parish court of the Ösel district was structurally, personally and functionally related to that of the Livonian.

Duchy of Courland and Semigallia

In contrast to Estonia and Livonia, which came under Russian ownership in 1721 , Courland remained under Polish feudal rule until 1795 . It was the Courland state parliament that decided to replace Poland and in 1795 submitted to the Russian Empire. Thus Courland became a Russian province, whose constitution of 1768 was confirmed and continued. As the state authorities of the Duchy of Courland and Zemgale, each of the five districts had a high court and the high court. The parish court and district court were merged after the first instance of the municipal court as the second instance to form the main man's court. As III. The court of higher courts followed, and from 1885 the Senate of the Russian Empire was also the final instance.

See also

Web links

Individual evidence

  1. ^ Parish court; Court in or for a parish. In: German legal dictionary (DRW) [1]
  2. ↑ Wenden-Walkscher Kreis, parish court districts, name and place of residence of the officials. In: Karl Freyherrn Budberg, General Address Book for the Governorate of Livonia and the Province of Oesel, Mullerschen Buchdruckerei Verlag, 1840, original from Indiana University, digitized May 1, 2012 [2] , page 57
  3. ↑ On the spelling: kirchspielsgericht, kirchspielgericht (15th century), kirchspielsgericht (since 1462). In: Early New High German Dictionary [3]
  4. ^ Constitutional law of the Duchy of Estonia from 1721 to 1918. [4]
  5. ^ Law collection for the year 1819. Published by the Reich Law Commission on the highest orders. First book, second section, month of March, containing the Liefländische Bauer -ordnung [5]
  6. ^ Parish court in Livonia. In: Baltic Legal Dictionary of the Baltic Historical Commission (Tobien, Ritterschaft 1472, 485 f .; BPR II § 359 III No. 5, §§ 363 (cont. 1880), 388 f .; Gutzeit II 39 f.) [6]
  7. ^ Constitutional law of the Duchy of Livonia from 1721 to 1918 [7]