imperial control of the aulic council In contrast to theRKG, theRHRwas less protected from imperial interference. This was due to its physical proximity to the emperor. Apart from this, the emperor –as stipulated in theReichshofratsordnungen (RHROen) – was the sole head and highest judge of theRHR.31 De iure he could therefore chair the RHRat any time.32 At least if nothing else, the oath of office taken by the judges of the RHRcould have offered protection from imperial intervention. With it, they vowed to create an impartial law and sentencing.33 This was to apply even in cases that dealt with the emperor himself and his house.34 Even more unambiguous was art. 44 of FerdinandIII’s (1637-1657) Electoral Capitulation, stating that the decisions of the RHR von niemand anders von neuem in Cognition gezogen werden dürfen.35 A few months later, however, the emperor limited the scope of this duty and decreed in 1637, that everything that had been decided in the area of puncto justitiae cum causae cognitioncould not be changed, but that he would like to keep free reign on issues regarding cases concerning theratio status.36 In compliance with the so-calledProjekt einer ständigenWahlkapitulatuionof 1711 any interference by the emperor in the jurisdiction of the RHRwas disallowed and he was forced not to allow any of his counsels and ministers to interfere with any proceedings pending before the RHR, much less to bother it with orders or decrees.37 But this did not protect the RHRfrom intervention and interference by the emperor. This was related to theRHR’s practice of thevota ad imperatorem. The vota had been allowed in all Electoral Capitulations and in 31 See tit. I 1 §RHRO1617; also tit. I 1 §RHRO1654; Gschließer, Oswald von 1942 p. 65 f. 32 Accurately Siebers, Jacob Gottlieb 1773 p. 38. 33 Tit. I 10, 12 §§RHRO1617; tit. I 16 and 18 §§ RHRO 1654. 34 Tit I 16 §RHRO1654. 35 See Gschließer, Oswald von 1942 p. 48; Sellert, Wolfgang 1973 p. 349; alsoElectoral Capitulation of Josef. I 1705-1711, art. 41. 36 Decree of 15. April 1637, appendix I pp. 76-79 (p. 77); Moser, Johann Jacob 1733 pp. 472-506 (p. 481). See alsoRHRO1654 pp. 14 f. and 203. 37 Art. XVI Entwurf einer beständigenWahlkapitulation. This rule was adopted in all subsequent capitulations; see Art. XVI 12-16 §§Wahlkapitulation Karls VII. On the contrary it says in 62 The Aulic Council
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