The ''Reichskammergericht'' (; ; la, Iudicium imperii) was one of the two highest judicial institutions in the

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 i ...

, the other one being the

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 juri ...

Vienna en, Viennese , iso_code = AT-9 , registration_plate = W , postal_code_type = Postal code , postal_code = , timezone = CET , utc_offset = +1 , timezone_DST ...

. It was founded in 1495 by the Imperial Diet in

Worms Worms may refer to: *Worm, an invertebrate animal with a tube-like body and no limbs Places *Worms, Germany Worms () is a city in Rhineland-Palatinate, Germany, situated on the Upper Rhine about south-southwest of Frankfurt am Main. It had ...

. 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 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 territor ...

'', 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 late been discovered that it could often be attributed to a loss of interest on the part of the parties involved, and that the court was sometimes much more efficient than previously thought. Sometimes, the court even ordered injunctions within a few days. Recent research has also brought to light that especially in the 18th century, the rulings of the court anticipated in many ways the constitutional establishment of civil liberties in Germany. For instance, the inviolability of one's housing or freedom of trade was legally introduced in the Empire by rulings of the court. In the late 18th century, some contemporaries even compared the Imperial Chamber Court to the

National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repre ...

Revolutionary France The French Revolution ( ) was a period of radical political and societal change in France that began with the Estates General of 1789 and ended with the formation of the French Consulate in November 1799. Many of its ideas are considere ...

History

At its foundation, the Imperial Chamber Court was seated in

Frankfurt Frankfurt, officially Frankfurt am Main (; Hessian: , "Frank ford on the Main"), is the most populous city in the German state of Hesse. Its 791,000 inhabitants as of 2022 make it the fifth-most populous city in Germany. Located on its na ...

. It was later moved to

Augsburg Augsburg (; bar , Augschburg , links=https://en.wikipedia.org/wiki/Swabian_German , label=Swabian German, , ) is a city in Swabia, Bavaria, Germany, around west of Bavarian capital Munich. It is a university town and regional seat of the ' ...

Nürnberg Nuremberg ( ; german: link=no, Nürnberg ; in the local East Franconian dialect: ''Nämberch'' ) is the second-largest city of the German state of Bavaria after its capital Munich, and its 518,370 (2019) inhabitants make it the 14th-largest ci ...

Regensburg Regensburg or is a city in eastern Bavaria, at the confluence of the Danube, Naab and Regen rivers. It is capital of the Upper Palatinate subregion of the state in the south of Germany. With more than 150,000 inhabitants, Regensburg is the f ...

Speyer Speyer (, older spelling ''Speier'', French: ''Spire,'' historical English: ''Spires''; pfl, Schbaija) is a city in Rhineland-Palatinate in Germany with approximately 50,000 inhabitants. Located on the left bank of the river Rhine, Speyer li ...

, Esslingen, Speyer again (from 1527 to 1689), and finally to

Wetzlar Wetzlar () is a city in the state of Hesse, Germany. It is the twelfth largest city in Hesse with currently 55,371 inhabitants at the beginning of 2019 (including second homes). As an important cultural, industrial and commercial center, the un ...

until it was dissolved in 1806. From the early Middle Ages, there had been a

supreme court 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 ...

for the Empire, the '' Hofgericht'', in which the

Emperor An emperor (from la, imperator, via fro, empereor) is a monarch, and usually the sovereignty, sovereign ruler of an empire or another type of imperial realm. Empress, the female equivalent, may indicate an emperor's wife (empress consort), ...

himself presided. This court was connected directly to the Emperor, so it ceased to act when he was abroad, and it disbanded when he died. In the 15th century, the Emperor ceased to command as much respect, so his court lost the confidence of his subjects. Its place was taken by the ''Kammergericht''. The Emperor or a deputy presided in the ''Kammergericht'' and it was still his personal court, but the members were now officials of the Empire. It was generally the legal members of the council who sat in the ''Kammergericht''. It fell into disuse in the later years of the reign of Frederick III. The creation of a new and efficient court became a matter of pressing necessity, and it was one of the most urgent of the reforms which were mooted in the reign of Maximilian I. The "province of the Imperial Chamber", as it came to be gradually defined by statute and use, extended to breaches of the public peace, cases of arbitrary distraint (property seizure) or imprisonment, pleas which concerned the treasury, violations of the Emperor's decrees or the laws passed by the Imperial Diet, disputes about property between immediate tenants of the Empire or the subjects of different rulers, and finally suits against immediate tenants of the Empire, with the exception of criminal charges and matters relating to imperial fiefs, which went to the

. In all of its business, it suffered from the competition of the Aulic Council, and after the 16th century, it devoted itself exclusively to judicial work. Composed of the personal advisers of the Emperor, the Aulic Council did justice on his behalf. The competition between the Aulic Council and the Imperial Chamber was finally regulated by the

Treaty of Westphalia The Peace of Westphalia (german: Westfälischer Friede, ) is the collective name for two peace treaties signed in October 1648 in the Westphalian cities of Osnabrück and Münster. They ended the Thirty Years' War (1618–1648) and brought peac ...

in 1648, which laid down that the court which first dealt with a case should alone have competence to pursue it.

Composition

The court's composition was determined by both the Holy Roman Emperor and the subject states of the Empire. The Emperor appointed the chief justice (always a highborn aristocrat), several divisional chief judges, and some of the other

puisne judge A puisne judge or puisne justice (; from french: puisné or ; , 'since, later' + , 'born', i.e. 'junior') is a dated term for an ordinary judge or a judge of lesser rank of a particular court. Use The term is used almost exclusively in common law ...

s. The majority of the judges were selected by the

estates of the realm The estates of the realm, or three estates, were the broad orders of social hierarchy used in Christendom (Christian Europe) from the Middle Ages to early modern Europe. Different systems for dividing society members into estates developed and ...

. Originally, half of the judges were Knights of the Empire, and the other half were law graduates, but after 1548, all judges had to be law graduates.

References

External links

Society for Imperial Chamber Court Research, Wetzlar

Museum and Research Centre of the Imperial Chamber Court
{{Authority control Legal history of the Holy Roman Empire 1490s establishments in the Holy Roman Empire 1495 establishments in Europe 1806 disestablishments in the Holy Roman Empire Buildings and structures in Wetzlar