The Aulic Council (; ; literally , sometimes abbreviated in academic writing as "RHR") was one of the two supreme courts of the Holy Roman Empire, the other being the (Imperial Chamber Court). Unlike the , which was tied to the Imperial estates, the Aulic Council was tied directly to the Emperor.

It had not only concurrent jurisdiction with the , but in many cases exclusive jurisdiction: the Aulic Council had exclusive jurisdiction in all "feudal" processes, and in criminal affairs, over the immediate subjects of the Emperor and in affairs which concerned the Empire, and more (see Responsibilities section below). It did not have a single set seat, rather, it was bound with the Emperor's residences. Prague, Wels, and Frankfurt, were all sites of the court,

Since 1960, the Aulic Council has been extensively researched in academia, with some of its former court files (of which there are more than 100,000 that still exist

History

To see responsibilities of the Aulic Council, go to the Responsibilities section. This section mainly goes over the development of the Aulic Council.

Early development during Maximilian I's, Charles V's, and Ferdinand I's reigns

The Aulic Council (from the Latin , court in feudal language, in antiquity a Hellenistic type of grand residence, usually private) was originally an executive-judicial council for the Empire. Originating during the Late Middle Ages as a paid Council of the Emperor, it was organized in its later form by Maximilian I by decree in 1498. It was meant as a rival to the separate , which the Imperial Estates had established at the Diet of Worms two years before. Maximilian emphasized the fact that the Emperor embodied supreme legal authority and would continue to answer legal requests addressed to him. There is also the possibility some of the Imperial estates wanted to create a court directly beholden to the Emperor so they could appeal to the Emperor directly. These developments are all considered part of a greater Imperial Reform movement, known as Reichsreform.

During the reign of Charles V, the Aulic Council responded to hundreds of petitions, as the Emperor was often absent from the Empire. The Aulic Council being faster than the , and also possessing the Emperor's direct authority, made it attractive to litigants.

In 1767, the Aulic Council handled 2,088 cases. This grew to 3,388 in 1779.

When Napoleon I's gains after the Battle of Austerlitz and the Peace of Pressburg culminated in the end of the Holy Roman Empire, the Aulic Council likewise ceased to exist in 1806 as an imperial institution. A great example of this is the Brandenburg-Kulmbach succession crisis.

Ruled by a branch of the Prussian Hohenzollern family, the small margraviate was at risk of falling into Prussian hands. Prussia had purchased the succession claim from a junior Brandenburg-Kulmbach prince, Christian Heinrich, in 1703. This led to a dispute over whether or not Christian Heinrich's son, George Frederich Karl, should have succession rights. The Prussians refused to accept George Frederich Karl's claim, and began to actively prepare the territory for a Prussian takeover following the death of the reigning Margrave, George Wilhelm.

Councillors

Each Emperor summoned a new Council upon his accession to the throne. The court normally consisted of 10-25 members, though this fluctuated over time. Under pressure from the Imperial Diet, the number of Protestants and Catholics on the council were balanced by Ferdinand III in 1654. Upon the death of an Emperor, the council was dissolved and had to be reconstructed by his successor. The Emperor was responsible for paying the councillors.

The council was divided into two benches: The Lords' Bench (), mainly consisting of councillors recruited from the nobility, and the Knights' and Scholars' Bench (). Both benches decided as one body. Councillors generally had legal qualifications, and their votes held the same weight. The Aulic Council also dealt with constitutional disputes, especially in Imperial cities and imperial knightly territories. The court processed also imperial privileges, issuing letters of safe conduct, passage, and protection, granted legitimation of bastard children, and confirmed various contracts and wills.

The Aulic Council was meant to serve as a supreme court for the Habsburg crownlands, but by the end of the 17th century, this was no longer the case, so most cases came from elsewhere in the Empire. An exception to this were Jewish litigations, who were protected by the Emperor and as such could petition their complaints to the council, even if in the Habsburg crownlands. Oftentimes, Jewish businessmen would use the Aulic Council to sue princes for nonpayment of debts.

thumb|Prince William Hyacinth of Nassau-Siegen

Limpurg Succession Crisis

When the Count of Limpurg (not to be confused with Limburg) died without heirs in 1713 without male heirs, Prussia occupied the territory. The widowed countess appealed to the Aulic Council, in hopes of restoring the autonomy of Limpurg. The prince-bishops of Bamberg and Würzburg, along with the Duke of Württemberg, formed a commission, and the countess requested that "in case good offices are employed to no avail, [the commissioners] should employ armed force to drive the Prussian invaders out of the Limpurg territories".

Hesse-Rheinfels v. Hesse-Kassel

A dispute between Hesse-Rheinfels (sometimes referred to as Hesse-Rheinfels-Rotenburg or Hesse-Rotenburg) and Hesse-Kassel was fought over the Rheinfels fortress and the county of Katzenelnbogen. The lands belonged to Hesse-Rheinfels, but the fortress was occupied by the larger Hesse-Kassel in 1692 to defend it against French attacks in the Nine Years' War. Hesse-Kassel decided to retain the fortress even after the war, until the Treaty of Baden (1714), which demanded that Hesse-Kassel return the fort to Hesse-Rheinfels. Landgrave Charles of Hesse-Kassel refused, and so Hesse-Rheinfels appealed to the Emperor. The Aulic Council supported the claim of Hesse-Rheinfels, but the mandate was unable to be enforced, due to developments both within the Empire and beyond (Hesse-Kassel had support from the Dutch Republic, for example, and had marriage ties with Sweden). Eventually, in 1718, armies of the Palatinate, Mainz, and Trier, engaged in skirmishes against Hesse-Kassel. The conclusion of the Austro-Turkish War finally led to Hesse-Kassel's surrender, as it meant Imperial armies could be diverted to deal with the issue.

  • 1556–1559 Karl I, Count of Hohenzollern (1516–1576)
  • 1559–1563 Louis III, Count of Löwenstein (1530–1611)
  • 1563–1576 Philipp, Baron of Winnenburg (1538–1600)
  • 1576–1581 Otto Heinrich, Count of Schwarzenberg (1535–1590)
  • 1582–1594 Paul Sixt von Trautson (1548–1621)
  • 1594–1596 Georg Ludwig, Landgrave of Leuchtenberg (1563–1613)
  • 1601–1604 Georg Ludwig, Landgrave of Leuchtenberg (2nd term)
  • 1606–1609 Georg Ludwig, Landgrave of Leuchtenberg (3rd term)
  • 1609–1623 Johann Georg, Prince of Hohenzollern-Hechingen
  • 1623–1631 Wratislaw von Fürstenberg (1584–1631)
  • 1632–1637 Johann Ernst von Fugger (1590–1639)
  • 1637–1647 Johann Freiherr von der Reck (1584–1647)
  • 1648–1670 Ernst II, Graf zu Oettingen-Wallerstein (1594–1670)
  • 1670–1683 Johann Adolf, Prince of Schwarzenberg (1615–1683)
  • 1683–1708 Wolfgang IV, Graf zu Oettingen-Wallerstein (1626–1708)
  • 1708–1713 Rupert von Bodman (1646–1728), Prince-abbot of Kempten
  • 1713–1727 Ernst Friedrich von Windisch-Graetz (1670–1727)
  • 1728–1740 Johann Wilhelm von Wurmbrand-Stuppach (1670–1750)
  • 1742–1742 Heinrich Karl Graf Ostein (1693–1742)
  • 1744–1745 Johann Jakob Truchsess von Waldburg-Zeil († 1750)
  • 1745–1750 Johann Wilhelm von Wurmbrand-Stuppach, 2nd term
  • 1751–1778 Ferdinand Bonaventura II von Harrach (1708–1778)
  • 1778–1791 Johann Hugo II von Hagen (1707–1791)
  • 1791–1801 Wolfgang Christoph Graf Überacker (1736–1801)
  • 1801–1806 Philipp Karl von Oettingen-Wallerstein (1759–1826)

Notes

References

Sources

  • Order of the Aulic Council of March 16th, 1654 in full-text (in German)