RS 27

wolfgang sellert theRHROensince their inception.38 According to these, theRHRshould present an assessment with its suggestion to the Privy Council (Geheimer Rat)39 for the ruling in certain cases.40 This mainly meant affairs relating tostato publico, proceedings concerningpolitical affairs, which should not be decided without the involvement of the Privy Council, as according to the definition of JosephII they touched upon imperial privileges or the constitutional essentials of the empire itself or also […] the interests one of the more influential estates or foreign royal courts.41 Addtionally, Vota ad imperatoremshould be submitted in such cases that were viewed in different ways based on ‘stately motives’ and for which a majority decision could not be reached.42 The divergent views should be justified in writing and subsequently discussed and decided in the Privy Council.43 All in all, the vota ad imperatoremwere the legal opening for imperial interventions in the jurisdictional functions of the RHR.44 Accordingly, tit. V19 §RHRO 1654, that only those decisions which theRHRissued with knowledge of the emperor cannot be reconsidered. Moser, Johann Jacob 1733 pp. 472-506, has chronologically compiled all the legal foundations for the subject and documented their origin (electoral capitulations, RHROen and decrees). 38 19 §RHRO 1559; tit. III 34-36 §§RHRO 1617; also tit. V18 – 20 f. §§RHRO 1654; art. XVI Entwurfs einer beständigen Wahlkapitulation; see Gschließer, Oswald von 1942 p. 4. 39 Replaced under Leopold I (1658-1705) by the Geheime Konferenz; see Gschließer, Oswald von 1942 p. 15. 40 For the formalities of the vota ad imperatorem see Moser, Johann Jacob 1774 p. 221. 41 Leyers, Peter 1976 pp. 180-184. 42 Tit. V18 §RHRO1654; Moser, Johann Jacob 1733 p. 472; Malblank, Julius Friedrich 1792 pp. 242-244; Sellert, Wolfgang 1973 p. 346 ff.; see also the critical and substance-missing comment by Leyers, Peter 1976 p. 35, fn. 78; alsoGschließer, Oswald von 1942 p. 15 f. Only if there was a draw in the vote would the president be able to swing the vote; see tit. V18 §RHRO1654. 43 The counselling should take place in the Privy Council with addition from the president of theRHR, the deputy chancellor, the reporters and co-reporters and other judges of both religions; see. art. XVI Entwurf einer beständigen Wahlkapitulation; also tit. V. 18 and 20 §§ RHRO 1654. The following decision in the Privy Council was to be presented to the RHR with the stipulation to be included in the official protocol; tit. V 21 §RHRO 1654; Leyers. Peter 1976 pp. 97-103. 44 See Klüber, Johann Ludwig 1832 p. 78. There is a difference betweenvota ad imperatorem andvota notificatoria, with which the RHRinformed the emperor about important decisions; see Mohl, Benjamin Ferdinand 1789 p. 366 f.; Malblank, Julius Friedrich 1792 p. 249; Moser, Johann Jacob 1774 p. 220; also Leyers, Peter 1976 pp. 117-120; Sellert, Wolfgang 1973 p. 352. 63

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