Ernest Barker

“ AULIC COUNCIL (Reichshofrat) , an organ of the Holy Roman Empire, originally intended for executive work, but acting chiefly as a judicature, which worked from 1497 to 1806. In the early middle ages the emperor had already his consiliarii; but his council was a fluctuating body of personal advisers. In the 14th century there first arose an official council, with permanent and paid members, many of whom were legists. ”

“ These came partly from the Empire at large, partly (and in greater numbers) from the hereditary lands of the emperor. There were two benches, one of the nobles, one of doctors of civil law; six of the members must be Protestants. The council followed the person of the emperor, and was therefore stationed at Vienna; it was paid by the emperor, and he nominated its members, whose office terminated with his life—an arrangement which made the council more dependent than it should have been on the emperor’s will. (2) Its powers were nominally both executive and judicial. ”

“ But it was difficult to work such a body both for the Empire and for the hereditary principalities; and under Ferdinand I. it became an organ for the Empire alone (circ. 1558) , the hereditary principalities being removed from its cognizance. As such an imperial organ, its composition and powers were fixed by the treaty of Westphalia of 1648. (1) It consisted of about 20 members—a president, a vice-president, the vice-chancellor of the Empire, and some 18 other members. ”