Privilegium De Non Appellando
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Privilegium De Non Appellando
Within the Holy Roman Empire, the ''privilegium de non appellando'' (privilege of not appealing) was a privilege that could be granted by the emperor to an imperial estate. 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 (''Reichskammergericht'') or the Imperial Aulic Council (''Reichshofrat''). The privilege itself could be limited (''limitatum'') or unlimited (''illimitatum''). When unlimited, it effectively turned the highest territorial court into a court of last resort. 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 The Habsburg monarchy (german: Habsburgermonarchie, ), also known as the Dan ...
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Holy Roman Empire
The Holy Roman Empire was a Polity, political entity in Western Europe, Western, Central Europe, Central, and Southern Europe that developed during the Early Middle Ages and continued until its Dissolution of the Holy Roman Empire, dissolution in 1806 during the Napoleonic Wars. From the accession of Otto I in 962 until the twelfth century, the Empire was the most powerful monarchy in Europe. Andrew Holt characterizes it as "perhaps the most powerful European state of the Middle Ages". The functioning of government depended on the harmonic cooperation (dubbed ''consensual rulership'' by Bernd Schneidmüller) between monarch and vassals but this harmony was disturbed during the Salian Dynasty, Salian period. The empire reached the apex of territorial expansion and power under the House of Hohenstaufen in the mid-thirteenth century, but overextending led to partial collapse. On 25 December 800, Pope Leo III crowned the List of Frankish kings, Frankish king Charlemagne as Carolingi ...
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Holy Roman Emperor
The Holy Roman Emperor, originally and officially the Emperor of the Romans ( la, Imperator Romanorum, german: Kaiser der Römer) during the Middle Ages, and also known as the Roman-German Emperor since the early modern period ( la, Imperator Germanorum, german: Römisch-deutscher Kaiser, lit, Roman-German emperor), was the ruler and head of state of the Holy Roman Empire. The title was held in conjunction with the title of king of Italy (''Rex Italiae'') from the 8th to the 16th century, and, almost without interruption, with the title of king of Germany (''Rex Teutonicorum'', lit. "King of the Teutons") throughout the 12th to 18th centuries. The Holy Roman Emperor title provided the highest prestige among medieval Roman Catholic monarchs, because the empire was considered by the Roman Catholic Church to be the only successor of the Roman Empire during the Middle Ages and the early modern period. Thus, in theory and diplomacy, the emperors were considered '' primus inter ...
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Imperial Estate
An Imperial State or Imperial Estate ( la, Status Imperii; german: Reichsstand, plural: ') was a part of the Holy Roman Empire with representation and the right to vote in the Imperial Diet ('). Rulers of these Estates were able to exercise significant rights and privileges and were " immediate", meaning that the only authority above them was the Holy Roman Emperor. They were thus able to rule their territories with a considerable degree of autonomy. The system of imperial states replaced the more regular division of Germany into stem duchies in the early medieval period. The old Carolingian stem duchies were retained as the major divisions of Germany under the Salian dynasty, but they became increasingly obsolete during the early high medieval period under the Hohenstaufen, and they were finally abolished in 1180 by Frederick Barbarossa in favour of more numerous territorial divisions. From 1489, the imperial Estates represented in the Diet were divided into three chambers, ...
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Imperial Chamber Court
The ''Reichskammergericht'' (; ; la, Iudicium imperii) was one of the two highest judicial institutions in the Holy Roman Empire, the other one being the Aulic Council in Vienna. It was founded in 1495 by the Imperial Diet in Worms. All legal proceedings in the Holy Roman Empire could be brought to the Imperial Chamber Court, except if the ruler of the territory had a so-called ''privilegium de non appellando'', in which case the highest judicial institution was found by the ruler of that territory. Another exception was criminal law in which the Imperial Chamber Court could intervene only if basic procedural rules had been violated. The Imperial Chamber Court was infamous for the long time that it took to reach a verdict. Some proceedings, especially in lawsuits between different states of the Empire, took several hundred years. Some of the lawsuits had not been brought to an end when it was dissolved in 1806 following the downfall of the Holy Roman Empire. However, it has la ...
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Imperial Aulic Council
The Aulic Council ( la, Consilium Aulicum, german: Reichshofrat, literally meaning Court Council of the Empire) was one of the two supreme courts of the Holy Roman Empire, the other being the Imperial Chamber Court. It had not only concurrent jurisdiction with the latter court, but in many cases exclusive jurisdiction, in all feudal processes, and in criminal affairs, over the immediate feudatories of the Emperor and in affairs which concerned the Imperial Government. The seat of the Aulic Council was at the Hofburg residence of the Habsburg emperors in Vienna. History The Aulic Council (from the Latin ''aula'', court in feudal language, in antiquity a Hellenistic type of grand residence, usually private) was originally an executive-judicial council for the Empire. Originating during the Late Middle Ages as a paid Council of the Emperor, it was organized in its later form by the German king Maximilian I by decree of 13 December 1497. It was meant as a rival to the separate Imperia ...
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Court Of Last Resort
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. However, not all highest courts are named as such. Civil law states tend not to have a single highest court. Additionally, the highest court in some jurisdictions is not named the "Supreme Court", for example, the High Court of Australia. On the other hand, in some places the court named the "Supreme Court" is not in fact the highest court; examples include the New York Supreme Court, the supreme courts of several Canadian provinces/territories, and the former Supreme Court of Judicature of England and W ...
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Erblande
The ''Erblande'' ("Hereditary Lands") of the House of Habsburg formed the Alpine heartland of the Habsburg monarchy.Kann, ''Habsburg Empire'', 1–4. They were the hereditary possessions of the Habsburgs within the Holy Roman Empire from before 1526. The ''Erblande'' were not all unified under the head of the dynasty prior to the 17th century. They were divided into several groupings: the Archduchy of Austria, Inner Austria, the County of Tyrol, and Further Austria.Ingrao, ''Habsburg Monarchy'', 5–9. The ''Erblande'' did not include either the Lands of the Bohemian Crown or the Lands of the Hungarian Crown, since both monarchies were elective when the Habsburg Ferdinand I was elected to their thrones in 1526. Ferdinand divided the ''Erblande'' between his three heirs in 1564 and they were not reunited until 1665. The ''Erblande'' were gathered into the Austrian Circle in 1512. This ensured a direct connection between the junior lines of the Austrian Habsburgs and the Empire ...
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Latin Legal Terminology
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italian region and subsequently throughout the Roman Empire. Even after the fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjuga ...
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