marju luts-sootak included a reference to the 1710 capitulations as the origin of this principle. In fact, however, what the regulations contained was a principle that only half of the assessors needed to come from nobility, whereas the other half had to consist of literates, i. e. in most cases learned lawyers.58 There was also a condition of “German nationality” mentioned in the capitulation of the Livonian knighthood. This should be understood in the narrow sense, meaning only Germans of the Baltic provinces, or, in this case, even just those from Livonia. In effect, it was a clause of indigenousness –only persons of local origin could be appointed to court positions. In any case, this general principle was narrowed in mid-eighteenth century Estonia and Livonia even more than before: it now included only immatriculated nobles. At that point, the Livonian matricula of nobles, about ten years in the making, had already been completed. The diet of 1742 still held that the matricle was needed only for better clarity, as well as the adornment of the newly-built knighthood building in Riga with the coats of arms of local nobility. Seven years later, in the diet of 1749, new diet regulations (in German: Landtagsordnung) were implemented. These abolished the diet obligation and right to vote in the case of nobles who owned land in Livonia, but who were not immatriculated. Ten years later still, the Livonian diet passed the instruction for legal appointments, limiting the indigenousness census of judges and assessors only to immatriculated nobles. The Baltic politician, publicist and lawyer Woldemar von Bock listed altogether 19 non-nobles from the period of 1710-1759, who had worked as assessors in the Livonian land courts.59 räte und einen der Assessoren des Hofgerichts; 2) den Sekretair der Hofgerichtsabtheilung für Bauernsachen; 3) die Landrichter, die Assessoren und Sekretaire der Landgerichte; 4) die Vorsitzer, die adeligen Beisitzer und die Sekretaire der Kreisgerichte; die Kirchspielrichter und deren Substituten. 4. Zur allgemeinen Polizeiverwaltung: …”. § 425 stated the same about the knighthood of Ösel (in Estonian: Saaremaa), where the second assessor of the Livonian High Court was supposed to come from. §§ 447 and 498 listed in the similar fashion the appointments that were to be filled by Estonian and Curonian knighthoods. 58 See the above mentioned art. 6 of the Capitulation of the Livonian knighthood: … Justice …conserviret und aus der Noblesse des landes, und theils aus andern wohlgeschickten Eingebohrnen auch sonst meritirten personen Teutscher nation allzeit ergäntzet und bestellt warden... Schirren, Carl (ed.) 1865 p. 38. 59 Bock, Woldemar von 1844 col. 781-783. 233
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