Beiträge zur Rechtsgeschichte Österreichs 2 / 2016, pp. 239-255, 2016/10/11
Gerichtsvielfalt in Wien
Forschungen zum modernen Gerichtsbegriff
Whereas the Imperial Aulic Council (Reichshofrat) as an institution of the Holy Roman Empire in the Early Modern era has been a focus of historical research since the 1960s, there is little information about its duties regarding the Austrian hereditary lands (Erbländer). After pondering the question of the Council’s competence for Austria, the article offers an overview of the issues from the hereditary lands discussed by the Aulic Councillors during the 16th century: political questions (rarely), fiefs (not too often), privileges and pardons (more often) and complaints by subjects who could not get their claims satisfied or wanted to avoid legal action (equally often). It is argued that the Imperial Aulic Council, in addition to being an organ of the Empire, was also an institution of the Austrian hereditary lands. In this capacity, however, its function was not in the first place that of a (supreme) court. Rather, it worked as a council of the monarch to deal with applications and complaints still to be decided by the monarchical head of government, regardless of the existence of ordinary institutions, to fulfil his duties in the fields of administration and the dispensation of justice.
Keywords: administrative history - Archduke of Austria - Austrian Hereditary Lands - Imperial Aulic Council
