imperial control of the aulic council councillors who, during the voting procedure in a particular process, had represented a point of view which he regarded as harmful for the empire (reichsverderblich) and an attempt to undermine his, the emperor’s, authority.84 This request was rejected by the Council’s president, who argued that the Emperor had not adhered to the prohibition of intervention as laid down in the Electoral Capitulation. Furthermore, he reminded the emperor that in each collegiate judicial body, hence the more so in the case of the Aulic Council, one of the most important, indeed primary requirements was that all councillors must be able to freely cast their votes according to their conscience and special insight, without the least consideration of external aspects or having to worry about personal consequences. Literally it said: „Es sei in einem jeden Justiz Collegio, folglich desto mehr beym kaiserlichen Reichshofrath, eine der wesentlichsten, ja ersten Erfordernisse, daß alle Räthe frei nach ihremGewissen und besonderer Einsicht, ohne die mindeste Nebenrücksicht oder einige Besorgniß, ungescheut ihre Stimmen abzugeben im Stande seyen.“85 The Emperor then backed down and declared that henceforth there should be no more vota ad imperatorem, at least in cases of pura judicialia. Overall, these were rather modest first steps towards an independent judiciary, especially as it remained a matter of discretion which cases touched upon the interests of the empire and which were part of thepura judicialia. 84 Klüber, Johann Ludwig 1832 pp. 76-78. 85 Leyers, Peter 1976 p. 234. Examples are the Reichshofrat Andreas Hilleprand Fhr. v. Prandau [Gschließer, Oswald von 1942 p. 450 f.], who, when reprimanded by the deputy chancellor in 1775 because he did not issue a votum ad imperatoremin a case of imperial privilege, explained that there was little merit in creating a new assessment in every case. This would only slow down proceedings and not help theRHR’s public image; see Leyers, Peter 1976 pp. 130-133. 70
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