Lower jurisdiction

from Wikipedia, the free encyclopedia
Disgraceful stake for exercising lower jurisdiction in the Münsterland

The lower jurisdiction ( lower jurisdiction ) is a term from the medieval legal system. The lower jurisdiction (also the terms patrimonial jurisdiction , village, thing or Hubengericht are used) usually dealt with minor offenses of everyday life, which could be atoned for with fines or lighter body punishments. This included the pillory , the carrying of the blasphemy and the stake . These were part of the honor penalties . Owners of the lower jurisdiction were mostly members of the country estates , nobles, clergy donors or the councils of the towns immediately adjacent to the country. The sovereign or his officials exercised lower jurisdiction over the subjects on his chamber property . In the late Middle Ages, jurisdiction had become a real right, which accordingly could also be sold or pledged.

The judge's office was either exercised by the judge himself or transferred. So there were in the villages Erbrichter or setting judge , in markets Marktrichter and in the cities of municipal judge . The respective judges presided over the lay judges' court , the rural or urban community participated in the adjudication through the lay judges. The income from court fees and fines was shared between the judge and the judge. Until well into the 16th century, judges were lay judges. Since then, university-trained lawyers have been slowly filling the positions of judges in the cities .

The torture could not be used, severe body punishment and the death penalty could not be administered. The lower jurisdiction was also responsible for inheritance law , border disputes, and the registration and monitoring of sales.

As a rule, severe personal punishments and death sentences could only be pronounced by high courts , which as a rule were subordinate to the sovereign and not to the landlord . Free imperial cities generally had their own lower and higher jurisdiction (blood jurisdiction ).

See also

Individual evidence

  1. Law in the Middle Ages ( Memento of the original from May 31, 2016 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. on http://www.regionalgeschichte.net/ @1@ 2Template: Webachiv / IABot / www.regionalgeschichte.net