anja amend-traut mandatory for the low-instance courts and the Aulic Council54 was discussed highly controversial for the Imperial Chamber Court. The commentaries on the supreme jurisdiction in this respect stated: “The legislation’s silence on such peculiar subject matter is disturbing.” (Das Stillschweigen der Gesetze über einen so merkwürdigen Gegenstand ist bedenklich.)55 Any participation of Imperial Chamber Court assessors in the achievement of a settlement was generally considered impermissible; the Aulic Council even denied the court any competence regarding settlement agreements, invoking a regulation of the Imperial Peace of Mainz of 1235:56 The Imperial Chamber Court was “not paid by the Empire to cause settlement agreements” (nicht zum Vergleichstiften vom Reich besoldet)57 and solely “intended for deciding on contentious matters” (zur Entscheidung streitiger Sachen bestimmt).58 It was further feared the courts could take advantage of the parties by coercing them into court settlements to save the judges the efforts of drawing up a judgment, or by recommending conciliation more for the sake of the reward to be expected than for fairness.59 Clearly, scepticism did not extend to those settlement agreements, which had already been negotiated before and were merely presented to the Imperial Chamber Court for information and as a basis for setting aside the legal dispute. Although – despite being informed of the advantages involved in a court settlement – the Imperial Chamber Court had a different view on its admissibility,60 the reluctance apparent from the examined files is hardly tive development of the judicial conciliation efforts, with further substantiation Saar, Stefan Chr. 1998 p. 724. 54 Balemann, Georg Gottlieb 1780 p. 440; Sellert, Wolfgang 1973 p. 208-209. 55 Balemann, Georg Gottlieb 1780 p. 439. 56 The regulation inter alia states that the “high judge [...] shall [...] not adjourn anyone, except with our [imperial, author’s note] word” (hoverichter […] sol […] niemant vertagen, er thu es dan mit unserm worte), according to Monumenta Germaniae Historica IV, Tome II, no. 196a, pp. 261-262. On this, see also Balemann, Georg Gottlieb 1780 p. 439; Sellert, Wolfgang 1973 p. 210. 57 Haas, Damian Ferdinand 1786, Part 1, pp. 180-181. 58 Balemann, Georg Gottlieb 1780 p. 446. 59 Ibid., pp. 447-448. 60 Ibid., pp. 452-453 Moser, Johann Jacob 1747 p. 810. 91
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