Aulic Council

Last updated
Reichskanzlei wing of the Hofburg, Vienna Reichskanzleitrakt Vienna Sept 2006 001.jpg
Reichskanzlei wing of the Hofburg, Vienna

The Aulic Council (Latin : Consilium Aulicum; German : Reichshofrat; literally "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. [1]

Contents

History

Meeting of the Aulic Council, c. 1700 Reichshofrat.jpg
Meeting of the Aulic Council, c. 1700

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 Imperial Chamber Court, which the Imperial Estates had forced upon him by promulgating the Ewiger Landfriede at the Diet of Worms two years before. Maximilian emphasised the fact that the Emperor embodied supreme legal authority and would continue to answer legal requests addressed to him. During the reign of Charles V, the Aulic Council responded to hundreds of petitions, as the Emperor was often absent from the Empire. [1]

Each emperor summoned a new Council upon his accession to the throne. According to a regulation issued by Emperor Ferdinand I in 1559, the Council was composed of a president, a vice-president, a vice-chancellor, and 18 councillors, who were all chosen and paid by the Emperor, with the exception of the vice-chancellor, who was appointed by the Elector of Mainz in his capacity as Imperial archchancellor. Of the 18 councilors, six were Protestants, whose votes, when they were unanimous, were an effective veto, so that a religious parity was to some extent preserved. On the death of the Emperor, the Council was dissolved and had to be reconstructed by his successor.

The relationship between the Aulic Council and the Imperial Chamber Court is described as both competitive but also cooperative, depending on the situation. [1] In the 17th century, the cases involving noble families increasingly moved under the review of the Aulic Council, in part due to the slowness in the Imperial Chamber Court. [2]

When Napoleon I's gains after the Battle of Austerlitz and the Peace of Pressburg culminated in the end of the Holy Roman Empire, the Aulic Council likewise ceased to exist in 1806 as an imperial institution.

Responsibilities

Like the Imperial Chamber Court, the Aulic Council was an appeals court, in which matters that could not be settled were brought to the Emperor for deliberation.

The Aulic Council commonly dealt with feudal disputes. These included "imperial overlordship, protecting imperial fiefs, all issues relating to investitures, inheritance, pawning, or purchase of fiefs, and all sorts of lawsuits related to these matters." [3] The Aulic Council also had influence in Northern Italy. The Aulic Council also dealt with constitutional disputes, especially in Imperial cities and imperial knightly teritories. [1] It also proved to be a major court when it came to succession disputes within the Empire. For example, the Aulic Council was charged with dealing with cases such as the Jülich Succession and the succession in the Ernestine duchies.

In addition to the aforementioned responsibilities, the Aulic Council also dealt with house pacts. An example of this is the Nassau Family Pact, which was submitted to review by the Aulic Council. [2]

Examples of Cases Settled

Sources

  1. 1 2 3 4 5 Wilson, Peter H. (1999). The Holy Roman Empire, 1495 - 1806. Studies in European history (1. publ ed.). Basingstoke: Macmillan [u.a.] ISBN   978-0-312-22360-1.
  2. 1 2 van der Steen, Jasper (31 December 2021). "Dynastic Scenario Thinking in the Holy Roman Empire". Past & Present (256). Oxford University Press: 87–128. doi:10.1093/pastj/gtab029. hdl: 1887/3275298 . Retrieved 29 October 2024.
  3. Gschliesser, Oswald von (1970). Der Reichshofrat: Bedeutung und Verfassung, Schicksal und Besetzung einer obersten Reichsbehörde von 1559 bis 1806 (in German). Kraus Reprint.

Related Research Articles

<span class="mw-page-title-main">Holy Roman Empire</span> European political entity (800–1806)

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 almost a thousand years until its dissolution in 1806 during the Napoleonic Wars.

<span class="mw-page-title-main">Charles VII, Holy Roman Emperor</span> Holy Roman Emperor from 1742 to 1745

Charles VII was Prince-Elector of Bavaria from 26 February 1726 and Holy Roman Emperor from 24 January 1742 to his death. He was also King of Bohemia from 1741 to 1743. Charles was a member of the House of Wittelsbach, and his reign as Holy Roman Emperor thus marked the end of three centuries of uninterrupted Habsburg imperial rule, although he was related to the Habsburgs by both blood and marriage.

<span class="mw-page-title-main">Chancellor of Austria</span> Head of government of Austria

The chancellor of Austria, officially the federal chancellor the Republic of Austria, is the head of government of the Republic of Austria.

<span class="mw-page-title-main">Ferdinand I, Holy Roman Emperor</span> Holy Roman Emperor from 1556 to 1564

Ferdinand I was Holy Roman Emperor from 1556, King of Bohemia, Hungary, and Croatia from 1526, and Archduke of Austria from 1521 until his death in 1564. Before his accession as emperor, he ruled the Austrian hereditary lands of the House of Habsburg in the name of his elder brother, Charles V, Holy Roman Emperor. Also, he often served as Charles' representative in the Holy Roman Empire and developed encouraging relationships with German princes. In addition, Ferdinand also developed valuable relationships with the German banking house of Jakob Fugger and the Catalan bank, Banca Palenzuela Levi Kahana.

<span class="mw-page-title-main">Imperial Reform</span> 1434–1555 changes in the Holy Roman Empire

Imperial Reform is the name given to repeated attempts in the 15th and 16th centuries to adapt the structure and the constitutional order of the Holy Roman Empire to the requirements of the early modern state and to give it a unified government under either the Imperial Estates or the emperor's supremacy.

<i>Graf</i> Historical title of the German nobility

Graf is a historical title of the German nobility and later also of the Russian nobility, usually translated as "count". Considered to be intermediate among noble ranks, the title is often treated as equivalent to the British title of "earl".

<i>Reichskammergericht</i> One of two high courts of Holy Roman Empire

The Reichskammergericht 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.

In the Holy Roman Empire, imperial immediacy was the status of an individual or a territory which was defined as 'immediate' (unmittelbar) to Emperor and Empire and not to any other intermediate authorities, while one that did not possess that status was defined as 'mediate' (mittelbar).

<span class="mw-page-title-main">Hofburg</span> Imperial palace in Vienna, Austria

The Hofburg is the former principal imperial palace of the Habsburg dynasty in Austria. Located in the centre of Vienna, it was built in the 13th century and expanded several times afterwards. It also served as the imperial winter residence, as Schönbrunn Palace was the summer residence. Since 1946, it has been the official residence and workplace of the president of Austria.

Within the Holy Roman Empire, the privilegium de non appellando 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 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.

<span class="mw-page-title-main">Berthold von Henneberg</span>

Bertold von Henneberg-Römhild (1442–1504) was Archbishop of Mainz and Prince-elector of the Holy Roman Empire from 1484, imperial chancellor from 1486, and leader of the reform faction within the Empire.

<i>Advocatus</i> Medieval office-holder

An advocatus, sometimes simply advocate, Vogt (German), or avoué (French), was a type of medieval office holder, particularly important in the Holy Roman Empire, who was delegated some of the powers and functions of a major feudal lord, or for an institution such as an abbey. They typically had responsibility for the "comital" functions which defined the office of early medieval "counts", such as taxation, recruitment of militias, and maintaining law and order. This type of office could apply to specific agricultural lands, villages, castles, and even cities. In some regions, advocates came to be governors of large provinces, sometimes distinguished by terms such as Landvogt.

<span class="mw-page-title-main">Prince of the Holy Roman Empire</span> Former honorary title or title of ruler (1180–1806)

Prince of the Holy Roman Empire was a title attributed to a hereditary ruler, nobleman or prelate recognised by the Holy Roman Emperor.

<span class="mw-page-title-main">Kingdom of Italy (Holy Roman Empire)</span> Constituent kingdom of the Holy Roman Empire (962–1801)

The Kingdom of Italy, also called Imperial Italy, was one of the constituent kingdoms of the Holy Roman Empire, along with the kingdoms of Germany, Bohemia, and Burgundy. It originally comprised large parts of northern and central Italy. Its original capital was Pavia until the 11th century.

<span class="mw-page-title-main">Imperial Knight</span> Free nobles of the Holy Roman Empire

The Free Imperial Knights were free nobles of the Holy Roman Empire, whose direct overlord was the Emperor. They were the remnants of the medieval free nobility (edelfrei) and the ministeriales. What distinguished them from other knights, who were vassals of a higher lord, was that they had been granted Imperial immediacy, and as such were the equals in most respects to the other individuals or entities, such as the secular and ecclesiastical territorial rulers of the Empire and the free imperial cities, that also enjoyed Imperial immediacy. However, unlike all of those, the Imperial knights did not possess the status of Estates (Stände) of the Empire, and therefore were not represented, individually or collectively, in the Imperial Diet. They tended to define their responsibilities to the Empire in terms of feudalized obligations to the Emperor, including personal service and strictly voluntary financial offerings paid to the Emperor himself.

<span class="mw-page-title-main">Electorate of Bavaria</span> State of the Holy Roman Empire (1623–1806)

The Electorate of Bavaria was a quasi-independent hereditary electorate of the Holy Roman Empire from 1623 to 1806, when it was succeeded by the Kingdom of Bavaria.

<span class="mw-page-title-main">Imperial vicar</span>

An imperial vicar was a prince charged with administering all or part of the Holy Roman Empire on behalf of the emperor. Later, an imperial vicar was invariably one of two princes charged by the Golden Bull with administering the Holy Roman Empire during an interregnum.

<span class="mw-page-title-main">Chancellor of Germany</span> Head of government of Germany

The chancellor of Germany, officially the federal chancellor of the Federal Republic of Germany, is the head of the federal government of Germany, and the commander-in-chief of the German Armed Forces during wartime. The chancellor is the chief executive of the Federal Cabinet and heads the executive branch. The chancellor is elected by the Bundestag on the proposal of the federal president and without debate.

<span class="mw-page-title-main">Wenzel Anton, Prince of Kaunitz-Rietberg</span> Austrian statesman (1711–1794)

Wenzel Anton, Prince of Kaunitz-Rietberg was an Austrian and Czech diplomat and statesman in the Habsburg monarchy. A proponent of enlightened absolutism, he held the office of State Chancellor for about four decades and was responsible for the foreign policies during the reigns of Maria Theresa, Joseph II, and Leopold II. In 1764, he was elevated to the noble rank of a Prince of the Holy Roman Empire (Reichfürst).

A debit commission was in the Holy Roman Empire a means to resolve the problems of over-indebted states. These states were usually, but not always, sovereign Imperial States.