[p. 511]
|511| Cameral Court deliberately delaying out of the principle of making the great feel its power, they of themselves obstruct the course of justice.
It is natural that, since in the Aulic Council, whose members are appointed by the Emperor, a multitude of these evils fall away, and also, for example, notwithstanding the right to it, no case of an itio in partes has yet occurred, and some forms [are suited] to promote right itself directly rather than to engage in delays of perfect formalities, in more recent times more and more justice is sought at the Aulic Council.
The need for an improvement of justice has always been too eloquent for one not to have been bound to think of it; but the manner in which the last attempt of Joseph II, to arrange a visitation of the Imperial Cameral Court, although in accordance with the laws of the Empire yet omitted for two hundred years, turned out, and the reasons why the parties dispersed with nothing accomplished, are in general no others than those of the condition of the justice of the Empire as a whole, namely that the estates are indeed willing to associate for the administration of justice, but in this union will give up nothing of their existence towards one another, which [rests] on separation and lack of community, that [they] unite without yet wishing to have anything in common.
In this way the pronouncing of justice in and for itself is already hindered, without any regard to its execution. How it [stands], however, with the execution of these decisions of the courts of the Empire, if they were to relate to public law and to important objects of it, is well known. The more important matters belonging here in any case belong not to the courts of the Empire but to the Imperial Diet. With that they are immediately played away out of the sphere of right into that of politics; for where the supreme public power speaks, it does not make an application of the laws, but gives a law.
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