Schleswig-Holstein Court Records

Overview

In ancient times the jurisprudence in Schleswig-Holstein was not unified. It was based mainly on common law (not written down) with emphasis on regional interpretations in jugdement done by the people and the administrators in charge. In Neumünster the law was differently interpreted than it was in Schleswig or Lübeck, for instance. These differentiations have their basis in the political, economic, military and social history of Schleswig-Holstein, as parts of the country came under different rule at different times. When the attempt was made to issue written rules regarding jurisprudence, various aspects of regional laws were integrated.

Jütisches Recht- It was the written law of the Danish Kingdom and was valid until 1683. In the Duchy of Schleswig, it remained (Das Jütische Low-Buch) and parts were still used until 1900. This particular law did not touch on all aspects of life, so the Roman based laws were consulted as well as the Carolina. (The Carolina is the law "Hand- und Halsrecht" issued by Emperor Karl V. This law became the basic criminal guideline in the Kingdom of Denmark although Denmark at no point belonged to the Holy Roman Empire). Even to this day, there are some aspects of the Jütish law which take precedence over the German BGB (federal law) i.e., regarding Lehen und Stammgüter (fiefs), Erbpachtrecht (laws re. fee-farms), Anerbenrecht (inheritances by law of entail), Wasserrecht (water rights), Deichrecht (dike rights), Jagdrecht (hunting rights), Zwangs- und Bannrecht (jurisdiction rights) as well as Haftung des Staates und der Gemeinden (liability of state and communities). See http://de.wikipedia.org/wiki/J%C3%BCtisches_Recht

Holstenrecht - A criminal and civil law (unwritten) in the tradition of the Germanic laws. With time, parts of the newer Saxon laws (Sachsenspiegel) were integrated. Jurisdiction was built on parishes. In some villages of the Wilster- and Kremper marsh areas, earls exercised jurisprudence according to the Hollisch Recht. Additionally, in all Holstein cities the Lübische Recht was administered. The monasteries and the manor lords exercised their own interpretations of the law. The adoption of the Roman Law began in the 1500s. In the 19th century some alterations were passed due to the dissolvement of the German Empire (1806). In 1834 new administrative and judicial structures occurred and in 1866 the entire system was restructured. See: http://.schleswig-holstein.de/LGITZEHOE/DE/Historisches/Historisches_node.html

Lübisches Recht - Lübeck received Stadtrecht (elevation to a city)in the year 1160. The Lübeck council created the Lübisch Recht. It contained the ideas of Westfalian laws, Holstein laws and as far as sea rights were concerned adopted base lines from the Vikings and the Gotland Asscociation of Visby. It was the only German city law which maintained its German based laws to the end of the 19th century. There are various cities throughout Schleswig-Holstein with Lübisch Recht. See http://de.wikipedia.org/wiki/L%C3%BCbisches_Recht

Sachsenspiegel -

Dithmarschenrecht -

We find lower courts (Amtsgerichte) already in Eutin and Schwartau (both belonged to the Fürstentum Lübeck) in 1861. In 1867 eighty-six Amtsgerichte were established throughout Schleswig-Holstein. This number was reduced to 70 courts in 1879. Throughout the decades the number of lower courts in Schleswig-Holstein shrank to 30 in 1995.

An Amtsgericht is typically responsible for