anja amend-traut zu getrösten habenden Hochherrschaftl[ichen] Gnad unterth[änigst] vergnügt) and renounced his legal action brought before the Imperial Chamber Court. “Thus, this Rübmann then clearly indicated his absolute satisfaction by most humbly expressing his gratitude” (So gab dieser Rübmann hirauff seine vollkommene zufriedenheit mittelst Erstattung seiner unterth[ängi] sten Danksagung […] deutlich zu erkennen) and formally declared his renunciation. After “having initiated the action […] he had reason” (ausgewürcketer Citation […] ursach) to “entirely [...] renounce the action brought" (erhobenen Klage gäntzlich […] begeben).100 Especially these renunciations involving a notary indicate the long tradition of the legal institution in notarial practice and the already early significance as a declaration significant under procedural law as expressed therein, which found expression in systematic elaborations in which sometimes individual forms of renunciation were compiled, but sometimes also in-depth analyses were shown, pursued with scientific seriousness.101 In some cases, the personal signatures of the disputing parties or signatures of representatives for persons “inexperienced in writing” (des Schreibens ohnerfahr[ene]),102 a confirmation by oath,103 a seal or the attendance of two witnesses can be proven.104 Corresponding to this non-uniform handling, contemporary literature does also not uniformly answer the question of whether the signing with their own hand or the swearing of an oath were mandatory for establishing legal validity of the declaration, or whether the parties involved did so only to emphasize the seriousness of their request.105 Given that an extrajudicial act, such as the settlement agreement in particular, cannot annul judicial procedural measures,106 motions for annulment follow the settlement efforts. They are notified in the Imperial 100 Ibid., fol. 3v. 101 Schlosser, Hans 1963 pp. 99-100 with further substantiation, and p. 103. 102 HStAStuttgart, C3, fascicle no. 4671, [Q] 46. 103 Ibid. 104 See e.g. HStAStuttgart, C3, fascicle no. 3635, letter of 11 February 1752, without [Q]. 105 Affirmative, for example, Berger, Johann Heinrich 1687 Cap. V. 106 On the legal effects of the renunciationes in German legal instruments of the Middle Ages Schlosser, Hans 1963 p. 99-103. 101
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