Lippe court court

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The Lippische Hofgericht was from 1593 to 1879 is one of two high courts in the Principality of Lippe .

history

In the Principality of Lippe, too, there were more and more civil lawsuits in the early modern period. Under Count Simon VI. judicial reforms were therefore carried out, which also included the establishment of a court court exclusively occupied by lawyers. The original plan to replace the court chancellery , which had previously acted as a higher court , failed due to resistance from the estates. Since the beginning of 1593, when the court court order was promulgated, the court court and the judicial office existed side by side, which remained so until both courts were dissolved when the imperial justice laws came into force on October 1, 1879.

The court court initially met in Lemgo , but was moved to Detmold in 1609. This led to protests by the city of Lemgo, which at times refused to pay the tax provided for the upkeep of the court. However, neither this procedure nor later initiatives by the stands and the city of Lemgo for a relocation had lasting success. Although the court was relocated to Lemgo again in 1661, this measure was partially reversed in 1663 and completely reversed in 1668.

The court's records are in the North Rhine-Westphalia State Archives, East Westphalia-Lippe Department ; Digital copies of the archive material can be accessed online via the archive website.

Occupation and court days

The court court included a court judge, who should preferably come from the nobility eligible for the state parliament, and two assessors. In this line-up, it met weekly - every Wednesday - and issued adjudications and notices, for example about whether or not to allow written submissions. Other assessors appointed by the knighthood, cities and by the sovereign or the hereditary lords (younger brothers of the sovereign) participated in the final judgments. This so-called General Court Court met four times a year.

Jurisdiction

The court court was responsible for civil matters, with disputes over regalia , sovereign sovereignty and matters of the sovereign and his employees of the judicial office. Among other things, the court was responsible for appeals against decisions of the lower courts. The appeal had to be put on record at the lower court within ten days of the decision and submitted in writing to the court court within three months. From 1600 appellations were only permitted in cases with a value in dispute of over 25 Reichstalers.

The Lippe court had an imperial appeal privilege , which set an appeal sum of 200 gold guilders. Appeals to the Reich Chamber Court or Reichshofrat were therefore only admissible against decisions of the court in cases in which at least this value was disputed. The total of appellations was within the framework of what was usual for smaller imperial estates; Simon VI. had originally asked for a sum of 400 gold florins.

literature

  • Jürgen Miele: The Lippische Hofgericht 1593–1743: a contribution to the history, court constitution and procedural proceedings of the civil higher court of the County of Lippe, taking into account the provisions of imperial law, Göttingen , Diss., 1984.

Web links

Individual evidence

  1. Miele pp. 120-127.
  2. Miele p. 69, 150-151.
  3. Miele pp. 147-148.
  4. Miele pp. 51-52, 157-158