Oberhof Luebeck

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Renaissance portal to the trial hall of the court, today the audience hall of the town hall
The Lübeck council in 1625 as a higher court

The Oberhof Lübeck was a court of appeal that had existed since the 13th century, was responsible and open for the second or third instance from cities with Luebian law , which until modern times existed in competition with the later territorial courts and their legal processes. In addition, he was also responsible for questions relating to the Hansekontore abroad ( Bryggen in Bergen or with regard to the Peterhof , but also for the summer Vitten at the Scandinavian fair on Falsterbo ). In the final instance, the highest imperial courts ( Reichshofrat , Reichskammergericht ) were appointed to control the decisions of the Oberhof of the imperial direct Hanseatic city, some of which could not be reached via the competing territorial legal process .

The upper court as a judicial body was personally identical to the council of the city of Lübeck. Accordingly, he met in the town hall . The decisions of the court were recorded by the council secretaries or council syndici in the Niederstadtbuch . So far, they have been documented and evaluated by research up to the year 1500. The Teutonic Order evaded the award of Lübeck city rights because of this instance with the creation of the Kulmischen right and forbade some cities of its territory the legal move to Lübeck. For the duchies of Schleswig and Holstein , the Duke and later Danish King Friedrich I prevented the legal move to Lübeck in 1496 by creating the four-city court consisting of councilors from the cities of Itzehoe , Kiel , Oldesloe and Rendsburg . In Mecklenburg and Pomerania the legal process competed with the respective territorial legal processes to the Mecklenburg and Pomeranian court courts for the longest . It was only after the Thirty Years' War that the Swedes created the Wismar Tribunal for their territorial possessions on mainland Europe in 1653, with exclusive jurisdiction over Wismar and Swedish Pomerania due to the Privilegium de non appellando illimitatum granted to Sweden . Materially, however, this early modern court also spoke under its vice-president, the former Stralsund syndic David Mevius , Lübisches law, which continued to apply as traditional law in the jurisdiction of this court.

For small towns under Luebian law, so-called Mittelhöfe developed in Anklam , Elbing , Greifswald , Reval and Rostock , where legal remedies could be lodged in the immediate vicinity in a cost-saving manner without cutting off further legal rights to the Oberhof.

After the thousands of judgments evaluated, the Lübeck council issued appeals decisions for 33 cities of the Lübeck legal system in the course of its activity.

It was active as a medieval court with the interruption by the French era until 1820 and was then replaced by the Higher Appeal Court of the four Free Cities due to the German Federal Act , judges of the upper court, such as Johann Friedrich Hach , were taken over by the new court.

literature

supporting documents

  1. ^ Lübeckische Geschichte, p. 241: Memel , Dirschau , Hela , Braunsberg and Frauenburg
  2. Lübeckische Geschichte, p. 242
  3. According to Nils Jörn, p. 373, Kolberg , Kammin and Usedom turned to Greifswald. And Köslin , Körlin , Stolp , Schlawe and Bublitz for their part first to the advice of Kolberg.
  4. Lübeckische Geschichte, p. 242
  5. During this time the Imperial Court of Justice (Cour Impériale) in Hamburg took the place of the highest court and judged according to the Civil Code .