Page:EB1911 - Volume 02.djvu/965

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AULIE-ATA—AULOS
917

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. Its business was largely executive, and it formed something of a ministry; but it had also to deal with petitions addressed to the king, and accordingly it acted as a supreme court of judicature. It was thus parallel to the king’s council, or concilium continuum, of medieval England; while by its side, during the 15th century, stood the Kammergericht, composed of the legal members of the council, in much the same way as the Star Chamber stood beside the English council. But the real history of the Aulic Council, as that term was understood in the later days of the Empire, begins with Maximilian I. in 1497–1498. In these years Maximilian created three organs (apparently following the precedent set by his Burgundian ancestors in the Netherlands)—a Hofrat, a Hofkammer for finance, and a Hofkanzlei. Primarily intended for the hereditary dominions of Maximilian, these bodies were also intended for the whole Empire; and the Hofrat was to deal with “all and every business which may flow in from the Empire, Christendom at large, or the king’s hereditary principalities.” It was thus to be the supreme executive and judicial organ, discharging all business except that of finance and the drafting of documents; and it was intended to serve Maximilian as a point d’appui for the monarchy against the system of oligarchical committees, instituted by Berthold, archbishop of Mainz. 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. 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. (a) Its executive powers were small: it gradually lost everything except the formal business of investiture with imperial fiefs and the confirmation of charters, its other powers being taken over by the Geheimräte. These Geheimräte, a narrow body of secret counsellors, had already become a determinate concilium by 1527; and though at first only concerned with foreign affairs, they acquired, from the middle of the 16th century onwards, the power of dealing with imperial affairs in lieu of the Aulic Council. (b) In its judicial aspect, the Aulic Council, exercising the emperor’s judicial powers on his behalf, and thus succeeding, as it were, to the old Kammergericht, had exclusive cognizance of matters relating to imperial fiefs, criminal charges against immediate vassals of the Empire, imperial charters, Italian affairs, and cases “reserved” for the emperor. In all other matters, the Aulic Council was a competitor for judicial work with the Imperial Chamber[1] (Reichskammergericht, a tribunal dating from the great diet of Worms of 1495: see under Imperial Chamber). It was determined in 1648 that the one of these two judicial authorities which first dealt with a case should alone have competence to pursue it. An appeal lay from the decision of the council to the emperor, and judgment on appeal was given by those members of the council who had not joined in the original decision, though in important cases they might be afforced by members of the diet. Neither the council nor the chamber could deal with cases of outlawry, except to prepare such cases for the decision of the diet. To-day the archives of the Aulic Council are in Vienna, though parts of its records have been given to the German states which they concern.

Authorities.—R. Schröder, Lehrbuch der deutschen Rechtsgeschichte (Leipzig, 1904), gives the main facts; S. Adler, Die Organisation der Centralverwaltung unter Maximilian I. (Leipzig, 1886), deals with Maximilian’s reorganization of the Council; and J. St. Pütter, Historische Entwickelung der heutigen Staatsverfassung des Teutschen Reichs (Göttingen, 1798–1799), may be consulted for its development and later form.  (E. Br.) 


AULIE-ATA, a town and fort of Russian Turkestan, province of Syr-darya, 152 m. N.E. of Tashkent, on the Talas river, at the western end of the Alexander range, its altitude being 5700 ft. The inhabitants are mostly Sarts and Tajiks, trading in cattle, horses and hides. Pop. (1897) 12,006.

AULIS, an ancient Boeotian town on the Euripus, situated on a rocky peninsula between two bays, near the modern village of Vathy, about 3 m. S. of Chalcis. Its fame was due to the tradition that it was the starting-place of the Greek fleet before the Trojan War, the scene of the sacrifice of Iphigenia. The temple of Artemis was still to be seen in the time of Pausanias.

AULNOY (or Aunoy), MARIE CATHERINE LE JUMEL DE BARNEVILLE DE LA MOTTE, Baronne D’ (c. 1650–1705), French author, was born about 1650 at Barneville near Bourg-Achard (Eure). She was the niece of Marie Bruneau des Loges, the friend of Malherbe and of J. G. de Balzac, who was called the “tenth Muse.” She married on the 8th of March 1666 François de la Motte, a gentleman in the service of César, duc de Vendôme, who became Baron d’Aulnoy in 1654. With her mother, who by a second marriage had become marquise de Gudaigne, she instigated a prosecution for high treason against her husband. The conspiracy was exposed, and the two women saved themselves by a hasty flight to England. Thence they went (February 1679) to Spain, but were eventually allowed to return to France in reward for secret services rendered to the government. Mme. d’Aulnoy died in Paris on the 14th of January 1705. She wrote fairy tales, Contes nouvelles ou les Fées à la mode (3 vols., 1698), in the manner of Charles Perrault. This collection (24 tales) included L’Oiseau bleu, Finette Cendron, La Chatte blanche and others. The originals of most of her admirable tales are to be found in the Pentamerone (1637) of Giovanni Battista Basile. Other works are: L’Histoire d’Hippolyte, comte de Duglas (1690), a romance in the style of Madame de la Fayette, though much inferior to its model; Mémoires de la cour d’Espagne (1679–1681); and a Relation du voyage d’Espagne (1690 or 1691) in the form of letters, edited in 1874–1876 as La Cour et la ville de Madrid by Mme. B. Carey; Histoire de Jean de Bourbon (1692); Mémoires sur la cour de France (1692); Mémoires de la cour d’Angleterre (1695). Her historical writings are partly borrowed from existing records, to which she adds much that must be regarded as fiction, and some vivid descriptions of contemporary manners.

The Diverting Works of the Countess d’Anois, including some extremely untrustworthy “Memoirs of her own life,” were printed in London in 1707. The Fairy Tales of Madame d’Aulnoy, with an introduction by Lady Thackeray Ritchie, appeared in 1892. For biographical particulars see M. de Lescure’s introduction to the Contes des Fées (1881).

AULOS (Gr. αὐλός; Lat. tibia; Egyptian hieroglyphic, Ma-it; medieval equivalents, shalm, chalumeau, schalmei, hautbois), in Greek antiquities, a class of wood-wind instruments with single or with double reed mouthpiece and either cylindrical or conical bore, thus corresponding to both oboe and clarinet. In its widest acceptation the aulos was a generic term for instruments consisting of a tube in which the air column was set in vibration either directly by the lips of the performer, or through the medium of a mouthpiece containing a single or a double reed. Even the pipes of the pan-pipes (syrinx polycalamus,[2] σῦριγξ πολυκάλαμος) were sometimes called auloi (αὐλοί). The aulos is also the earliest prototype of the organ, which, by gradual assimilation of the principles of syrinx and bag-pipe, reached

  1. The Aulic Council is the private court of the emperor, with its members nominated by him; the Imperial Chamber is the public court of the Empire, with its members nominated by the estates of the Empire.
  2. See Pollux, Onom. iv. 69.