Rhineland (Rheinland) Court Records

Brüchtenprotokolle
These are records regarding monetary fines, which were paid by the criminal to the justice of the peace which could be the sovereign which could also be an archbishop. In most cases the fine was paid for slander, but the Brüchteordnung (Chur- Cölnische Brüchteordung of 1616) also covered cases of physical injury and murder. In the 17th century slander could be fined quite heftily. The Krefeld court charged a fine of 300 Goldgulden or 1000 Taler. These were no minor punishments as many cases show where the offender fled or the transfer of the Kindteil (claim) was the last resort. Brüchtenprotokolle are also part of the historical record of a given area. For instance, the Brüchtenprotokolle of Amt Uerdingen give the historian a glimpse of everyday occurrances, for instance the reserve duties of farmers are recorded, the names of Protestants in Uerdingen are listed. Details of being in the stocks are given, stories of witchcraft, child abuse but also humorous incidents are recorded.

Source: Hangebruch, Dieter. ''Brüchtenprotokolle der Stadt und des Amtes Uerdingen im 17. Jahrhundert. ''Verein für Heimatkunde e.V. Krefeld - Arbeitskreis Krefelder Archiv. 1991.

The Family History Library has the Brüchtenprotokolle of the city and Amt Uerdingen from the 17th century. The call number is 943.42/C1 H2q v. 1.

Actes de Notaire
Through the negotiations at the Congress of Vienna in 1815 after the defeat of Napoleon I part of Luxembourg was given to Prussia and was incorporated into the Rhine Province. After WWI the same parcel of land was given to Belgium according to the Treaty of Versailles. From 1815 to 1918 the administrative language was German. This is true for the so called Actes de Notaire, the records of the notary public.

According to Wikipedia at http://de.wikipedia.org/wiki/Notar the main activity of a notary public is: “''the certification of legal transactions of any kind and the certification of signatures. He is absolutely committed to impartiality, what distinguishes him from the lawyer representing the interests of a party. The core activities of the notary apply to the following legal areas: • Land Law (v. a. land transfers, easements, mortgages ). • Inheritance (Certification of wills, inheritance contracts, Erbscheinsanträgen etc.). • Family law ( marriage contracts, advanced directives , declarations in the domestic relations law , including paternity acknowledgments , dependents ). • Corporate Law (Foundations of limited liability companies and limited liability companies, conversions, the articles of association, trade and registration of associations , including branches of companies under foreign law (e.g., as in the English Ltd.. (Limited)).''

''Notarization contracts may or may not necessarily be designed by the notary. The draft contract can be created by the operators themselves or by lawyers. A characteristic of the deed is that the claims contained are "immediately enforceable". This means that the claims can be enforced without prior litigation".''

The Actes de Notaire for the city of Sankt Vith, Rheinland are available through www.familysearch.org Family History Library catalog, International Film number 1140255. The film can be ordered through the Family History Center network.

Erbgenossenschaft
Is a legal term which was of importance in medieval times regarding various uses. A “Erbgenosse” could be someone who had a legal right to a piece of property, who was the owner of a property, who was a co-inheritor, who was a juror. (see: http://de.wikipeda.org/wiki/Erbgenosse)

In the 13th century the legal differences between the various levels of free men, men in bondage or less free were equalized and there emerged a relatively streamlined farming community. In successive times the farming community was divided by economical criteria and known as Vollbauern, Hofbauern, Erbgenossen (those who were gainful producers) on one hand and as Kleinbauern, Kätner, Kötter, Taglöhner (those who were not ) on the other hand. (see: http://www.bessarabia.altervista.org/deu/3bauern/01.50_dritter_stand.html)

The author Heinz Weingarten in his book Die Erbgenossen vom Sültzer Feld in: Westdeutsche Gesellschaft für Familienkunde e.V. Köln, 1987. The author is listing persons/families of the 14th/15th century and describes territorial disputes of the former  Pantanlosstift (today:  St. Pantalon Church) and its lands. Today the area is identical with the suburb Sülz of Cologne including parts of Lindenthal and Zollstock.

The book is available in the Family History Library in Salt Lake City, Utah. Its call number is 943.42/K1 R2w.