Aulic Council

The Reichshofrat was next to the Imperial Chamber Court and in competition with this one of the two highest courts in the Holy Roman Empire of the German Nation. The Reichshofrat however, was solely responsible for the imperial fiefs and imperial privileges and reserved rights matters concerned. Reichshofrat was also the title of the individual members of this body. It was headed by the President Reichshofrat.

Both dishes, Reichshofrat and Imperial Chamber Court, initiated forth their competence of the German king or emperor, who was the highest judge in the kingdom. The rich immediate nobility and the imperial cities could be sued only in the two highest courts. Citizens, peasants and nobles low contrast, first had to be sued in the courts of those princes and cities whose subjects or citizens they were. You could try a trial subjects before the chief imperial courts only if they were of the opinion that the first responsible for them courts had wrongly decided. Then they could make the inaccuracy of under -instance judgments by the type of proceedings or appeal action for annulment. They had to comply with all the instances of the courts. Goods these conditions are met, reviewed the top imperial courts, the decisions of the lower courts.

Formation

In 1495 the Imperial Chamber Court became operational. This was an important turning point in the history of the Supreme court of the Holy Roman Empire. Previously always met the highest court in the realm of the places where also just the emperor was staying, which officially was the supreme court, Mr. Because since the mid-15th century, the Habsburgs presented the Holy Roman Emperor, there were problems with this scheme, because the Habsburgs had numerous lands outside the Holy Roman Empire. The Habsburg Emperor - and thus the Supreme Court - were often absent from the kingdom. To remedy the situation, put the high nobility in the Holy Roman Empire in the eternal land of peace of Worms against the German king and later Emperor Maximilian I by that the Supreme Court be detached from the residence of his person and should get a constant of court in the kingdom. Maximilian came the demand for and created the Imperial Chamber Court.

The Emperor but remained the highest judge in the kingdom. Although the Imperial Chamber Court now on a different from the Kaiser site became operational, while quite successful was going on, they turned next to it even further to the Emperor, who now had the opportunity to weiterzuverweisen these cases to the Imperial Court of Justice or to decide for themselves. Maximilian I was very committed to the old medieval order, and he had only reluctantly agreed to the demands of the states that the Supreme Court was separated geographically and organizationally in the realm of his person. The fact that further judicial inquiries came to him, he took the opportunity to create their own supreme court in the kingdom, which was geographically and organizationally dependent on his person - just the Reichshofrat.

The Emperor could not and would not even take personal care of all court requests. The reestablishment of the privy councilor stood in the tradition of the Middle Ages. The birth of the Empire was the privy councilor Hofordnung Maximilian I of 13 December 1497 / February 13, 1498.

The successor of Maximilian I, Emperor Charles V stayed most of his reign outside of the areas of the empire, and therefore the Councilor Charles V was usually not even in the realm. Charles' brother Ferdinand was elected German king in 1531 and functioned as a de facto deputy Charles in the kingdom. After his election, Ferdinand addressed a own royal privy councilor, who just representative exercised judicial business in the absence of the court counselor of Charles V..

Jurisdiction

The work of the kingdom privy councilor but not limited to legal dispute resolution. The Reichshofrat was also a political authority which advised the emperor in governmental and administrative tasks and supported.

The focus of today's research, however, is the judicial activity of the kingdom privy councilor. Since the Reichshofrat was an imperial authority, his first extended action on all matters and areas with which the Emperor had to do, including matters that came from the territories of the Habsburgs, who did not belong to the kingdom. Eventually, the Habsburgs presented with only one exception, all the emperors until the end of the Old Kingdom, 1806. Over time, however limited the Reichshofrat his activity to the areas of the empire. This was due to the political pressure, the protesters imperial estates exercised. Under Emperor Ferdinand II should be noted that the Reichshofrat treated only affairs of the kingdom.

The Reichshofrat was also solely responsible for the imperial reserve rights in the kingdom and all feudal, grace and privilege issues. This included the supervision of the printing and journalism. The control of political literature maintained the Reichshofrat before himself. To control other writings he oversaw the Imperial Book Commission in Frankfurt am Main.

For the following areas in addition to the Reichshofrat and the Imperial Court of Justice was in charge and you could choose which court they called in one thing: breach of the peace, property protection matters, civil matters, appeals against judgments country splendid courts, cases for denial of justice and right delay by sovereign courts.

Work

The Imperial Court of Justice worked from its inception as a real court: There processed according to existing procedural law rules disputes. There were filed, the defendant was charged and had to dispute in a process involved, unless the Imperial Court of Justice was responsible. The Imperial Chamber Court process aimed at the adoption of a final judgment. It was decided according to the rules of the common law.

The Reichshofrat however, seems - especially in its early days (when Maximilian I, Charles V and Ferdinand I ) - to have seized more mediating activity. He did not really care from the beginning to a process in which the adverse parties to conduct a dispute. Instead, it tries to convey, to find compromises between the different interests of the parties. In difficult matters, the emperor was personally on (= votum ad imperatorem ).

Because the Reichshofrat was initially considered more on dispute resolution, it has not so strictly applied the law applicable to the Imperial Chamber Court litigation and the former procedural law rules. From influential contemporaries has been partly complains. No one knew exactly how the Reichshofrat would proceed in a concrete dispute and decide - and could therefore not adjust to this and calculate the risk process. However, the Emperor was rather hesitant after the claims.

However, there was from the outset rules that worked the Reichshofrat. The first order was the Hofordnung on 13 January 1498 following which the libel, the reform of the imperial court, state authorities and being on on May 24, 1518th King Ferdinand I issued orders Councillor in the years 1527, 1537 and 1541 although emulated the to the imperial Chamber Court process, but were more open spaces. On the other side were the assessors of the Reich privy councilor, saying the sentences, usually very well trained in the applicable law of that time.

Since the Reichshofrat was tied to the person of the emperor, his duties always ended with the end of the term of an emperor (with abdication or death). When a new emperor had been chosen and put into office, then also getting a new Reichshofrat was launched by the emperor. In the meantime, ie in the period after the end of the term of an emperor and the commencement of the term of the successor was the work of the kingdom privy councilor under the responsibility of the kingdom vicars, so the Duke of Saxony and the Count Palatine of the Rhine, on an interim basis continued. In the office at the end of an emperor had the Imperial Chamber Court simpler: it was different than the Reichshofrat undisturbed continue his work.

The Reichshofrat was also the last time working with the final resignation of the imperial crown by Francis II and the dissolution of the Holy Roman Empire in 1806. With this imperial act he went out forever.

Construction

Supreme Court Lord was known to the Emperor. With the accession of the new emperor summoned a own advice, the basic structure is in essence repeated. These Reichshofrat regulations have been adopted to describe the structure of the new court in detail again and again.

The Reichshofrat order from 1559, one of the most important orders, displays these: According to medieval tradition, it gave the Emperor a head, also called President, who exercised the organizational leadership and supervision of the Aldermen. On the President, the Vice President, whose position was usually occupied by the Imperial Vice Chancellor followed. As the Vice-Chancellor were other officers of the firm in Reichshof Reichshofrat active, eg Secretaries, clerks, etc. These officers were, as they were shut out of the Reichshof firm appointed by Reichserzkanzler, the Elector of Mainz. The actual legal decision work was done by the assessors. The majority of the assessors decided. Until 1550 about 12-18 assessors were working together. Thereafter, the number increased: in 1657 there were 24, in 1711 already 30 assessors. With the Peace of Westphalia and shortly afterwards Reichshofrat order of 1654 at the time 18 assessors were six items with Protestants occupied (Article V, 54 IPO ) in the delegation. Thus, no clear confessional parity composition of the court, although as has been achieved in the Imperial Court of Justice to the annoyance of the Protestant estates of the Empire, but this was an imperial concession to the Protestant side.

The Reichshofrat often sat up commissions (for this and especially for committees to see debt settlement debit Commission). For the decision of a dispute, the court had to determine as it is today, what really happened. This was done by way of evidentiary proceedings. The Imperial Court of Justice had to ask local judges as commissioners for the taking of evidence. These commissioners had only a very narrow area of ​​competence, namely the implementation of the narrowly circumscribed evidentiary hearing. The Reichshofrat had it easier: he could either ex officio or at the request of the parties set up a Commission, which negotiated the dispute entirely on site (not just the taking of evidence at a certain point requiring proof ). The Imperial Court Councillor Commission had if they had negotiated the entire litigation, specify the Reichshofrat report. This then decided solely on the basis of the comprehensive Commission report. This method was much more efficient, because the local Commission could and had on occasion the same all at once done and was what the procedural conduct of the proceedings concerned, freer than the Imperial Chamber Court. In addition, the Reichshofrat commissions had the power to resolve amicably a dispute and thus bring about a decision.

Relation to the Imperial Court of Justice

Between Imperial Chamber Court and Reichshofrat most part, there was no competitive relationship. While both dishes were responsible for the same legal matters and sometimes tried when the process before a court was favorable or not faltered, a call to another court. However, there were frequent exchanges and cooperation between the two courts. However, there were also cases in which competition arose. This was also taken up by the contemporary journalism and because of this had a long time judging between the two courts would be such a competitive relationship. Recent research shows, however, that this was much less the case than previously thought.

To which court you turned, depended on many factors. One such factor was physical proximity. The Reichshofrat was often with the Emperor outside the Reich territory, so that it was sometimes easier to call the Imperial Court of Justice, which had soon found its permanent seat in Speyer and later in Wetzlar. Was the Emperor in the Empire, but also increased the applications that have been brought before the Reichshofrat. If an emperor enjoyed great prestige, the Reichshofrat was called more frequently ( for example, the Councilor of Emperor Charles V in the mid-16th century ). The religious affiliation had influence. The emperor was regarded as the orthodox True ( = Catholic ) Christianity. Therefore, during the Reformation, the Protestant estates of the Empire called rather to the Imperial Court of Justice. It was suggested more openness here. Under Emperor Maximilian II and Protestant Reichshofrat members were appointed.

The role of the imperial privy councilor and as a court settlement body grew particularly since the 17th century. An important turning this were, for example, the religious controversies. At the Imperial Chamber Court could - also left alone by the Emperor and the Empire - with these highly political disputes not cope well yes it even came to a standstill at times, therefore, the court activity. The ignominious treatment of religious disputes brought to the Imperial Chamber Court importance loss. In addition, the Reichshofrat was as already described more flexible, which were concerned the design of the legal proceedings. The processes usually did not last as long as the processes of the Imperial Supreme Court, which was strictly bound by the procedural law of the time. And the Reichshofrat sat to decide disputes often a Commissioners who negotiated the place of litigation during which the Imperial Chamber Court always firmly met at his of court Speyer and Wetzlar.

Resolution and current state of research

With the end of the Holy Roman Empire in 1806 ended the occupation of the kingdom of privy councilor.

The majority of the records is now in the House, Court and State Archives ( HHStA ) in Vienna. The Academy of Sciences in Göttingen, the Austrian Academy of Sciences and the House, Court and State Archives initiated in cooperation with the Commission for Austrian Legal History, a project that aims to make this archival treasure for all of the humanities and cultural studies available. The long-term project opens with the so-called "Old Prague acts", the " Antiqua" and the " Denegata antiquarian " about a third of the kingdom Judizialakten court counselor from the 16th and 17th centuries. In the individual inventory volumes, a total of more than 20,000 operations are newly recorded. The individual cases are described in detail here. Enclosures from files of particular source value are also recognized. To almost every operation a term is specified. Information on purchase and signature files circumference round off the distortion. Detailed indices help to find meaningful files for the respective issues. The inventory volumes was published Verlag under the title " The Acts of the Imperial Court Councillor Empire ( RHR ) " by Erich Schmidt.