RS 27

imperial control of the aulic council The research has shown that the RKGwas mostly protected from imperial intervention because of its location away from the imperial court. Furthermore, the Reichskammergerichtsordnungen(RKGOen) and Electoral Capitulations included a multitude of bans on intervention. As the recently examined documents of theRHRshow, these bans did not cover fiscal cases, as the emperor had sole jurisdiction over them. Moreover, the RHR, in its role as a judicial inspectorate with the highest authority, tried to influence the proceedings before the RKGby means of the so-called promototriales. The RKGregularly defended itself against other attempts at intervention by the emperor. TheRHRwas however, less protected from imperial intervention. The problemhere was mainly the old custom of thevota ad imperatorem. These served as a controlling measure, but were often used by the deputy chancellor as a way of reciprocal coordination and for the exchange of information between the emperor and theRHR. To this extent, thevotawere the traditional and appropriate way of communication between the emperor, Privy Council andRHR. In this context it is also significant that the Imperial Court of the seventeenth century, was only beginning to develop a strict organizational separation between jurisdiction, administration, and the provision of advice to the ruler in all matters of government.80 The Aulic and Privy Councils must therefore be seen as associated judicial bodies, based on mutual understanding, within which there generally did not exist an arbitrary exercise of judicial power (Kabinettsjustiz) in the traditional sense, i.e. due to sovereign interventions (Machtsprüche). Apart from this, one would be mistaken if one were to assess the dignity of the RHRsolely under the viewpoint of judicial independence. Indeed, trust in a court is generally based on its independence and its imthe RHRnor the deputy chancellor regularly participated in the meetings of the Privy Council, the details of their procedure is little known; Sellert, Wolfgang 1973 p. 350 f.; Ehrenpreis, Stefan 1997 p. 198. 80 So Gschließer, Oswald von 1942 p. 6 and14 ff.; Leyers, Peter 1976 pp. 11-31. 68 Conclusion, results und outlook

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