RS 27

how legal actions can end drawal – satisfaction of the claim, settlement agreement – and the of the jointly formulated revocation – full waiver of the right to sue or waiver solely of the proceedings so far with an option of repeated action – was irrelevant for the judge.76 This view is affirmed by the practice shown in the examined proceedings. In this respect, the cooperation of both parties may be seen as the amicable element, in contrast to the final judgments as decision by force of law. In the causa of the community Kochendorf, which as a free town sued the lords of Kochendorf, the document submitted to the files in 1604 informs that “is it was proclaimed” (kunde und zu wissen sey) that the Imperial Chamber Court process was to be “ended within short, based on a dispute settlement by procurators retained by both sides [emphasis added by author]” (verglichener Strittigkeiten halber … durch beedtheil gebrauchte Procuratores […] also bald abgeschafft).77 Within the course of the municipal documentation of the settlement, the appealing bricklayers’ guild of Lübeck first instructed its barrister to “renounce” (renunciiren) the legal action before the Imperial Chamber Court and to notify correspondingly the adverse party Stahl by sending him a copy78 certified by the Lübeck treasury.79 The entry in the special records shows that after submission of the motion for cancellation the legal counsel, “sought the same from the adverse counsel” (ein gleiches von[sic!] Gegenanwaldt gewärtige).80 The consensual declarations on the settlement of the legal dispute were submitted to the court files and orally notified, if the court itself was not exceptionally involved therein, to be able to end formally the procedural obligation, i.e. pendency.81 Motives and scope, on the other hand, were individually recorded in the settlement agreements. 76 For more details, see Wetzell, Georg Wilhelm 1878 sec. 14, p. 127, sec. 46, p. 549 f. 77 HStAStuttgart, C3, fascicle no. 2449, Vergleich zwischen Herrschaft und Gemeinde, 1604, [Q] 33. 78 StadtALübeck, RKG, no. M8, [Q] 36, Addendum no. G. 79 StadtALübeck, RKG, no. M8, [Q] 36, Addendum no. F, fol. 4. 80 StadtALübeck, RKG, no. M8, entry in the Special Records of the court file of 15 September 1797. 81 In this respect, see the statements below under “formal requirements”. 96

RkJQdWJsaXNoZXIy MjYyNDk=