Fonds Landesarchiv Baden-Württemberg, Abt. Staatsarchiv Ludwigsburg, E 336 - District Court of Ellwangen: Administrative files (inventory)

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Landesarchiv Baden-Württemberg,
Abt. Staatsarchiv Ludwigsburg, E 336

Title

District Court of Ellwangen: Administrative files (inventory)

Date(s)

  • 1818-1935 (Creation)

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37 Büschel (0,4 lfd. m)

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By decree of 9 September 1818, a district court was formed in each of the four newly created districts of the Kingdom of Württemberg, which initially consisted of three senates - the criminal, civil and pupil senates. In Ellwangen he replaced the Criminal Court, which had only been established in 1817 as a special court, which had replaced the old Bailiff's Court. The jurisdiction of the District Court extended to the entire Jagst Circle and the higher administrative courts within it, for which it formed the next higher instance, as well as to the court and official notariates created in 1819 and 1826, respectively. All District Courts, at which in 1822 married senates and 1843 public prosecutor's offices were still established, underwent a fundamental reorganisation in the years before the foundation of the Reich: through the creation of four further District Courts in 1868, the court districts were reduced in size, two of which now existed in each of the four districts. The initiation, continuation and termination of the investigation procedures have now been decided by newly formed Council and College Chambers. The senates were renamed chambers, the pupil senates responsible for guardianship were merged into the respective civil chambers. The public prosecutor's offices at the courts were no longer subject to them, but became independent authorities subordinate to the public prosecutor's office at the upper tribunal. In 1879 the Württemberg court constitution was fully incorporated into the Reichsjustizverwaltung. Like all the others, the Ellwang District Court has now become a regional court, presided over by a president, with the necessary number of judicial and administrative officials. The Ministry of Justice itself became the superior of the public prosecutor's offices. This court constitution essentially lasted until 1935, when all state courts - including the Ellwangen Regional Court - became imperial authorities. After the creation of the state of Baden-Württemberg, the court organisation was largely restored in the Württemberg part of the state. The Ellwangen Regional Court, which is subordinate to the Stuttgart Higher Regional Court, now comprises the 8 districts of Aalen, Bad Mergentheim, Crailsheim, Ellwangen (Jagst), Heidenheim a.d. Brenz, Langenburg, Neresheim and Schwäbisch Gmünd. Contents and Evaluation The collection of older administrative files of the District Court or Regional Court Ellwangen, which is present here and reshaped at the time of the indexing, is only a small remnant of a once quite extensive administrative archive, as can be seen from older lists of files (cf. Bü 10, 11 and 12). If, for example, one extrapolates the data of the alphabetical index of facts and persons established around 1875, an alpha-numerical file plan that was not consistently handled, a total volume in the range of 350 - 450 tufts emerges (!). Probably in the course of 1884, older administrative and procedural files (before about 1835) of the predecessor authorities were retired (cf. Bü 13). A second wave of cassations apparently took place in the course of the introduction of a new, detailed file plan soon after 1900. Of those files that were still in the cassation until about 1900, a second wave was not yet available. 1900 (Bü 12), only minor remains remained (generalia of the chancellery as well as "normals" of the presidential registry), which apparently escaped their fate only because they reached the general registry of the civil chamber early - until 1868 partly via the pupil senate - and were mixed there with older procedural files at a much later point in time; a fact which is substantiated by the fact that 12 tufts had to be removed from the previously unrecorded collection, since these are lists of the Generalia in pupil and matrimonial matters, but predominantly procedural files in family foundation and Fidei compromise matters. Of the remaining archival records of the older registry, the files relating to the Reichskammergerichtliche Akten zu Wetzlar of 1824 (Bü 6) as well as those relating to official dealings with foreign authorities of 1856/57 (Bü 3) deserve special attention; the latter in so far as the interesting overviews contained therein still reflect the status of the authorities before the assignment of Lombardy (1859) and Veneto (1866). The files here for the period after 1900 are essentially personal files which - as the file numbers indicate - were not kept centrally but within the new registration scheme according to local pertinences - in this case (official) court districts. Strangely enough, individual disciplinary files for the period 1823-1876 (Bü 23) escaped subsequent cassation. However, after a chronological list of disciplinary penalties (Bü 24) had been drawn up in 1876, this seemed to be sufficient to safeguard the tradition. The fact that an individual case (in parts) remained handed down is only due to the fact that the corresponding document (Bü 25) was inserted in front of the back cover of the so-called "Penalty Book" (Bü 24). The files probably arrived at the Ludwigsburg State Archives shortly before or soon after the war. At any rate, approaches to provisional indexing and separation of provenances during this period are discernible. From the stock - so far not counted tufts in three file bundles - 12 tufts were extracted, which are to be integrated into the stock E 338 (district court / regional court Ellwangen, pupillary senate or non-contentious cases). From the remaining larger part, 25 tufts (partly new) were formed, arranged and recorded in February/March 1995. Personnel files of referees, magistrates and judicial officials in the district court district that have not yet been indexed were removed from inventory E 337 III in autumn 2015 and allocated to this inventory (Bü 26-37).

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Dishes in the Jagst Circle

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Karl Bohn, Die Württembergische Justizverwaltung, Stuttgart 1906<br />Alfred Dehlinger, Württembergs Staatswesen in seiner geschichtlichen Entwicklung bis heute, Bd. 1, Stuttgart 1951, insbes. §§ 165ff.<br />Röcker, Rechtspflege. In: V. Bruns (Hrsg.), Württemberg unter der Regierung König Wilhelms II., Stuttgart 1916, S. 115-138<br />Wolfgang Schmierer, Übersicht über die Bestände des Staatsarchivs Ludwigsburg. Ober- und Mittelbehörden 1806 - 1945 (E-Bestände) (= Veröffentlichungen der Staatlichen Archivverwaltung Baden-Württemberg, Bd. 38), Stuttgart 1980, insbes. S. 92ff.

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labw-2-6681

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