Man judge
In the 18th – 19th Century in the Baltic States appointed judge at the men's court for feudal matters . You were appointed by the sovereign to head the court hearing . Their tasks included settling border and road disputes in their districts , judging them , monitoring border markings and checking the condition of the paths and roads. They conducted the trials , supervised them, and forwarded the pronouncements of the verdict. In the Baltic States, the man's court was a court attached to the regional court for the assembly of feudal men over feudal matters.
In Silesia the regional or provincial court was also called the man court; it consisted of representatives of the landed gentry and the courts formed by the cities.
Origin of the word Mannrichter / Manngericht
“In the Middle Ages there were → man judges appointed by the sovereigns, who held court with judges and lay judges . They were maintained in Estonia until the judicial reform of 1889, although the jurisdiction, procedure and composition of the court had changed over time. In Russian times the male courts consisted of a male judge and two assessors (→ assessors). They did not meet in their district, but all of them at the Reval Cathedral in the Ritterhaus and at the same time with the → Higher Regional Court, which could then be called upon immediately as an appeal instance. The judges were volunteers; they had to be registered nobles and were elected by the knighthood for three years. No legal training was required. The deficiency was compensated by the fact that the lifelong employed → secretary had to be legally qualified. In criminal matters, the M. process and enforcement court of its district was responsible for all civilians, except for matters that were competent before the peasant authorities. (BPR I § 917 ff .; RS II 16 f., 23 f; Oswald Schmidt, The procedure before the M. in civil litigation at the time of episcopal and religious rule, Dorpat 1865.) "
Man judge in the Baltic States
"1. Estonia: Chairman of a → men's court. The three judges with their six assessors were also members of the → Netherlands and Land Orphan Court, Harrische M. also represented the → Knight Captain as chairman of this court. (BPR I § 892, 904.) 2. Kurland and Pilten : Even in the ducal era there was a man judge in every main team who was elected by the nobility and confirmed by the duke or (in Pilten) by the king . He was responsible for the execution of the sentence and the supervision of paths and bridges. In 1812 the office in Courland was revoked and the duties were transferred to the → Hauptmannsgericht . In Pilten, where the judge held office with two assessors, it was repealed in 1817 when it was merged with Kurland. (RS II 69 ff., 74; Ziegenhorn §§ 551 f .; Bunge, Geschichte 282 f., 311.) "
Position and duties of the judges
In the Estonian Knight and Land Law published by Johann Philipp Gustav Ewers (1821) in six volumes, Titul V. “From the man judge, his offices and assessors” cites the position and task (excerpt): “The man judges should every three years elected by the royal district court in the Principality of Ehsten (Estonia). One each in Harrien , Wierland , Jerwen and Wiek (Art. 2.) ... He is assigned two noble sworn assessors and assessors from the knighthood (Art. 3.) ... In his district he is to inspect borders and border crossings, their disputes by law and decide, interrogate witnesses and give instructions (Art. 4.) ... He determines the days of the hearing and summons both parties to the hearing and the reasons for the judgment (Art. 6.) ... He arranges, together with his assessors, the logging of cross stones, Border areas, border ditches, crosses on trees etc. (Art. 9.) ... He should hear the parties, let the witnesses speak and remind them of their oath (Art. 11.) ... He has the power to summon witnesses and to impose fines when the invitees do not appear. (Art. 12.) ... After the hearing, the judge deliberates with his assessors and decides on the judgment; it is laid down in writing and sealed (Art. 13.) ... A right of appeal is granted (Art. 14.) ... The judge is given neutrality and Arranged impartially. If he cannot negotiate impartially due to relatives or cousins, another judge must be assigned (Art. 22.). ”In an ordinance by Tsar Paul I (1796–1801), the following provisions are laid down for Kurland:“ Points on the maintenance of the roads and bridges in Courland, established at the meeting of the estates of the Duchy of Courland held in 1786 “: When inspecting the roads, dams, bridges and crossings, the judges find that the roads, dams, bridges and crossings are not in order and have not been repaired For every unrepaired path and for every bad and damaged spot from the next farm or the next inn of the landlord, who is responsible for mending the path, they have to pledge a horse or something else, which if he does not take it with him within a week raises five Albertstalers, which is retained for him (Section 13.) ... After four weeks, the M annrichter instead of (no. 14.) ... But the judges are also obliged to observe the maintenance of the path, here it is incumbent on the chief, under whose authority the judge's goods are located, to travel to them in the time allotted for inspection and to inspect them according to the instructions given to the judges (No. 21.)
literature
- Man court . In: Heidelberg Academy of Sciences (Hrsg.): German legal dictionary . tape 9 , issue 1/2 (edited by Heino Speer and others). Hermann Böhlaus successor, Weimar 1992, ISBN 3-7400-0167-4 ( adw.uni-heidelberg.de ).
- Johann Philipp Gustav Ewers: Des Duchy Ehsten Knight and Land Rights: six books, with explanatory documents and supplementary enclosures , Verlag Meinshaufensche Buchhandlung, 1821, digitized April 27, 2012, online
- Oswald Schmidt: The procedure before the male court in civil legal disputes during the episcopal and religious rule in Livonia. A treatise by Oswald Schmidt, Master of Laws, written for the purpose of obtaining the degree of Doctor of Laws and intended for public defense with the approval of a Higher Jurists Faculty of the Imperial University of Dorpat . Dorpat, Printed by EJ Karow, University Bookseller, 1865, online (PDF) Estonian Governorate Typographer, Digitized by University of Tartu
Web links
Individual evidence
- ↑ Schmidt, LivlRG. Schmidt, Oswald: Legal history of Liv, Estonia and Curland: from the estate of the author. Ed. by Eugen von Nottbeck. P. 95 f. - photo mechan. Reprinted from Volume 3 of Dorpater Legal Studies , 1894. Hirschheydt, Hannover 1968. - 330 pp. Drw-www.adw.uni-heidelberg.de
- ↑ Man judge. In: MDZ Munich Digitization Center Digital Library lexika.digitale-sammlungen.de
- ↑ a b Manngericht . In: Heidelberg Academy of Sciences (Hrsg.): German legal dictionary . tape 9 , issue 1/2 (edited by Heino Speer and others). Hermann Böhlaus successor, Weimar 1992, ISBN 3-7400-0167-4 ( adw.uni-heidelberg.de ).
- ↑ Man Court. In: MDZ Munich Digitization Center Digital Library lexika.digitale-sammlungen.de
- ^ Johann Philipp Gustav Ewers: Des Herzogthums Ehsten Ritter- und Land -rechte: six books, with explanatory documents and supplementary enclosures, Verlag Meinshaufensche Buchhandlung, 1821, digitized April 27, 2012 books.google.de
- ↑ Regulations of His Imperial Majesty Paul the First, Emperor and autocrat of all Reussen etc. etc. etc. etc., Volume 2, Contributors Imperator Pavel (Rossija, I.), Verlag Schnoor, 1797, original from Bayerische Staatsbibliothek, digitized Jan. 10, 2012 Pages 137 ff. Books.google.de , pages 134–139