anja amend-traut The examined files show various formalities for a renunciatio.90 Up until the middle of the nineteenth century it was still stated that “formalities were often applied to extreme pettiness, or entirely neglected, and the legal regulations were followed sometimes more, sometimes less” (oft die Förmlichkeiten dabei bis zum Kleinlichen getrieben, oder ganz vernachlässigt, und bald mehr, bald weniger die Bestimmungen der Gesetze befolgt werden).91 This diverse view is confirmed by the amicable agreements documented in the early modern sources. The private agreements are always documented in writing, not only by private document, but also by involving the authorities. This is consistent with findings regarding practice in the Middle Ages, according to which the court often issued a court certificate or court letter on settlement agreements, to prove sufficiently their conclusion, or the settlement agreements had to be registered in municipal records.92 It also seems to have been consistent court practice that the cancellation of a dispute had to be notified in writing to the courts involved. Already the Common Order from the sixteenth century shows that “all exceptiones dilatoriae, declinatoriae, non devolutionis, desertionis and the like [...] which provide new facts, shall be submitted orally, as far as briefly possible as such, but otherwise in no other than written form”. ([A]lle Exceptiones dilatoriae, declinatoriae, non devolutionis, desertionis und dergleichen […] in Novis auch wohl mündlich, wofern solches mit kurtzem in specie geschehen mag; sonsten aber anderst nicht als schrifftlich[…] gehandelt.)93 In this respect, usually the lower instance bodies prepared the written evidence of the amicable agreement between the parties and informed the Imperial Chamber Court accordingly as well as drew up the procedural request for cancellation and filed it with the Imperial Chamber Court. 90 For differentiation, see also in summary Zedler, Johann Heinrich 1732 vol. XLVIII, column 212. More details on the formal requirements, inter alia, Dalner, Andreas (as in fn. 14), Cap. XVII. 91 Graebe, Philipp Wilhelm Leopold 1843 preface. 92 Ebel, Friedrich 1978 pp. 36-39. 93 Common Order of 13 December 1593, see in this respect fn. 72. 99 Formal requirements
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