Aulic Council
The Aulic Council was one of the two supreme courts of the Holy Roman Empire, the other being the Reichskammergericht. Unlike the Reichskammergericht, which was tied to the Imperial estates, the Aulic Council was tied directly to the Emperor.
It had not only concurrent jurisdiction with the Reichskammergericht, 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. 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, but the most important seat of the Aulic Council was at the Hofburg residence of the Habsburg emperors in Vienna.
Since 1960, the Aulic Council has been extensively researched in academia, with some of its former court files stored at the Austrian State Archives. It played a major role in the constitutional, legal, and political history of the Holy Roman Empire, and is considered one of the most prominent supreme courts in early modern Europe. In particular, the court helped stabilize the balance of power in the Empire and provided a forum for legal diplomacy, rather than violence. Historians often use the term juridification to describe this process of increased legal resolutions rather than violent resolutions in the Empire. As historian Eva Ortlieb puts it, "Like the Rota ''Romana and the Parlement de Paris,'' ranks among the most significant supreme courts of Europe."
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 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 Reichskammergericht, 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 did not serve as a state council however. Important political questions were sent to the Emperor's privy council, which would propose decisions. Research suggests that during Charles V's reign, the Aulic Council was reformed with new councilors and presidents every time the Emperor visited the Empire. However, it is possible that councilors travelled with Charles outside the Empire in order to help with German affairs. Charles V's brother, Archduke Ferdinand, who served as the Habsburg "viceroy", maintained his own council too. In 1541, the Aulic Council was consolidated into a more permanent body. It received an ordo consilii in 1550, and when Charles V abdicated, Ferdinand's council was implemented as the new Aulic Council, receiving an ordinance in 1559, and continued some of Charles's court traditions.
Further development of the Aulic Council
In the late 1500s and early 1600s, particularly during Emperor Rudolf II's reign, the Aulic Council was frequently tasked to deal with conflicts that could not be settled by the Imperial Diet or by arbitration. During this time, the Aulic Council often dealt with religious disputes. The council likely sided with the Catholic side more often than not, which was critiqued by Protestant princes. The use of the Aulic Council for judicial matters also greatly increased in the late 1500s.The relationship between the Aulic Council and the Reichskammergericht is described as both competitive but also cooperative, depending on the situation. For most cases, litigants could choose between both courts. From 1620 onward, the Aulic Council began to significantly out produce the Reichskammergericht in terms of numbers of litigations. It is also during this time the Aulic Council underwent large reforms. The court would appoint Fiskal, special attorneys, and established advocates to represent any litigants.
The Aulic Council would further evolve thanks to the Peace of Westphalia , and later Emperor Ferdinand III's new constitution for the court in 1654. The Aulic Council being faster than the Reichskammergericht, and also possessing the Emperor's direct authority, made it attractive to litigants. After Westphalia, the Aulic Council's involvement in Imperial Cities also grew. The court played a major role during the Habsburg resurgence in the Empire under Emperor Leopold I. Historian Barbara Stollberg-Rilinger describes it as "the most important instrument that Leopold used in exercising his supreme authority."
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.
Relationship to the Emperor
Though the court was often in Vienna and politically tied to the Emperor, some historians do not consider it to be strictly partisan in favor of the Emperor. A nuanced view states how Emperors after the Westphalia realized that using the Aulic Council for political means would make the court less respected, and that the courts sometimes went against the Emperor's wishes or policies. The Aulic Council attached much of its importance to legal arguments, so it sometimes contradicted the Emperor. Historian Leopold Auer states that "the interests of the could, of course, go against policy... and to conflicts in which the Council might even come to conclusions different from those of the emperor himself."An example of juridification and the protection of smaller Imperial estates: Brandenburg-Kulmbach v. Prussia
The Holy Roman Empire, even in its later years, maintained relative peace and stability. Additionally, the existence of smaller territorial princes was maintained, in spite of attempts by more powerful princes to absorb smaller ones. In this regard, the Aulic Council played a major role. Historian Siegrid Westphal demonstrated in her work that the Aulic Council played the role of a mediator in conflicts between Imperial estates. 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.
Worried about the possibility of Prussian annexation, Kulmbach margraves appealed to the Emperor and the Elector of Mainz for protection. Imperial Vice-Chancellor, Friedrich Karl von Schönborn, petitioned the case to Emperor Charles VI, seeking to limit Prussia's growing power. To appear impartial, the case was sent to the Aulic Council. In 1716, the Aulic Council declared that the Prussian purchase of the Kulmbach succession claim was invalid, and went against the succession customs of the Hohenzollerns. The Aulic Council stated that the transfer of claims was made during a time of duress. A Kulmbach envoy is reported to have said have commented "'at least in Germany we no longer have to rely on weapons, but on due process, which gives the weaker estates cause to rejoice." Prussia complied with the Aulic Council's demands, and the crisis in Kulmbach was settled without further trouble.
Even though Kulmbach was receiving Imperial protection, it, alongside other princes like the Duchy of Württemberg, had been trying to suppress the rights of the Imperial knights, which were being protected by the Emperor. This shows how the Emperor could intervene on multiple layers of hierarchy: the Emperor was protecting the margrave from Prussia, but also protecting the Imperial knights against the margraves.
This was far from the only case where the Aulic Council defended the rights of weaker Imperial estates against larger ones. Leopold Auer writes that "the Imperial Aulic Council guaranteed the continuity and stability of the complex constitutional structure of the Old Reich by protecting the less powerful members of the Empire against the threats posed by the bigger Estates." Further examples can be found in the Examples of Cases Settled section.
Composition
President
The president of the Aulic Council was a nobleman, often a count. They did not necessarily have legal training, but did have experience in politics and diplomacy. The president moderated sessions and took part in voting. His vote was a tiebreaker. He was appointed by the Emperor. There was also a vice president.Vice Chancellor
The Vice Chancellor, who was appointed by the Elector of Mainz in his capacity as Imperial archchancellor, held sway in the Aulic Council.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.
Councilors often had professional experience in Habsburg governance, worked in estates closely tied to the Emperor, or served on the ''Reichskammergericht.''