Within the
Holy Roman Empire
The Holy Roman Empire, also known as the Holy Roman Empire of the German Nation after 1512, was a polity in Central and Western Europe, usually headed by the Holy Roman Emperor. It developed in the Early Middle Ages, and lasted for a millennium ...
, the (privilege of not appealing) was a privilege that could be granted by the
emperor
The word ''emperor'' (from , via ) can mean the male ruler of an empire. ''Empress'', the female equivalent, may indicate an emperor's wife (empress consort), mother/grandmother (empress dowager/grand empress dowager), or a woman who rules ...
to an
imperial estate
An Imperial Estate (; , plural: ') was an entity or an individual of the Holy Roman Empire with representation and the right to vote in the Imperial Diet (Holy Roman Empire), Imperial Diet ('). Rulers of these Estates were able to exercise signi ...
. It limited the right of an estate's subjects to appeal cases from territorial courts to either of the imperial supreme courts, the
Imperial Chamber Court () or the
Imperial Aulic Council (). The privilege itself could be limited () or unlimited (). When unlimited, it effectively turned the highest territorial court into a
court of last resort
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
.
The privilege was highly prized by imperial estates, both because it lent prestige and because it furthered the integration of their administration by cutting off their judiciary from the rest of the Empire. Between the 16th and 18th century, virtually all the larger estates received the privilege. Almost all the
Habsburg lands also had the privilege.
Even the unlimited privilege was not in fact absolute. It did not apply when a subject was given no recourse to territorial courts (refusal of justice, ) or when a ruler refused to implement a court decision (delay of justice, ). In such cases the subject could go to an imperial court.
Notes
Bibliography
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Latin legal terminology
Law of the Holy Roman Empire