More than a hundred years ago
Katzellenbogen was divided between the neighbouring states. But till the
end of the 19th century this code still retained its validity for those
villages in Hesse, and in the Prussian province of Hesse, which in old
days had been parts of Katzellenbogen. The law, however, had to be
interpreted so as to take into consideration later legislation by the
kingdom of Westphalia, the electorate of Hesse, and any other state (and
they are several) in which for a short time some of these villages might
have been incorporated.
In addition to these earlier imperfect laws, three great codes have been
published, by which a complete system was applied to a large district:
the Prussian Code of 1794, the Austrian Code of 1811 and the Code
Napoléon, which applied to all Germany left of the Rhine; for neither
Prussia, nor Bavaria, nor Hesse had ever ventured to interfere with the
French law. In Prussia therefore the older provinces came under the
Prussian Code, the Rhine provinces had French law, the newly annexed
provinces had endless variety, and in part of Pomerania considerable
elements of Swedish law still remained, a relic of the long Swedish
occupation. On the other hand, some districts to which the Prussian Code
applied no longer belonged to the kingdom of Prussia--for instance,
Anspach and Bayreuth, which are now in Bavaria. In other parts of
Bavaria in the same way Austrian law still ran, because they had been
Austrian in 1811. In two states only was there a more or less uniform
system: in Baden, which had adopted a German translation of the Code
Napoléon; and in Saxony, which had its own code, published in 1865. In
criminal law and procedure there was an equal variety. In one district
was trial by jury in an open court; in another the old procedure by
written pleadings before a judge. In many districts, especially in
Mecklenburg and some of the Prussian provinces, the old feudal
jurisdiction of the manorial courts survived.
Public-domain text, read in full here on John Shaqi.
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