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Encyclopedia Britannica - Main :: I27-INV |
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IMPERIAL CHAMBER (Reichskammergericht) , the supreme judicial court of the Holy Roman Empire, during the period between 1405 and the dissolution of the Empire in 18c6. From the early middle ages there had been a supreme court of justice for the Empire--the Hofgericht (or curia imperatoris, asit were), in which the emperor himself presided. By his side sat a body
' For instance, all the members of the diet might serve as Urtheilsfinder in a case like the condemnation of Henry the Lion, duke of Saxony, in the 12th century.which appeared side by side with the Hofgericht from 1415, and after 1450 replaced it altogether. The king (or his deputy) still presided in the Kammergericht and it was still his personal court; but the members of the court were now officialsthe consiliarii of the imperial aula (or Kammer, whence the name of the court). It was generally the legal members of the council who sat in the Kammergericht (see under AULIC COUNCIL) ; and as they were generally doctors of civil law, the court which they composed tended to act according to that law, and thus contributed to the " Reception " of Roman law into Germany towards the end of the 15th century. The old Hofgericht had been filled, as it were, by amateurs (provided they knew some law, and were peers of the person under trial), and it had acted by old customary law; the Kammergericht, on the contrary, was composed of lawyers, and it acted by the written law of Rome. Even the Kammergericht, however, fell into disuse in the later years of the reign of Frederick III.; and the creation of a new and efficient court became a matter of pressing necessity, and was one of the most urgent of the reforms which were mooted in the reign of Maximilian
This new court was eventually created in 1495; and it bore the name of Reichskammergericht, or Imperial Chamber. It was distinguished from the old Kammergericht by the essential fact that it was not the personal court of the emperor, but the official court of the Empire (or Reichwhence its name). This change was a natural result of the peculiar character of the movement
Thus the Empire at last was possessed of a court, a court resting on the enactment of the diet, and not on the emperor's will; a court paid by the Empire, and not by the emperor; a court resident
original
great
The province of the Imperial Chamber, as it came to be gradually defined by statute
2 The attempt to create a new and official council ultimately failed. More exactly, the emperor nominates, according to the regular usage of later times, a certain number of members, partly as emperor, and partly as the' sovereign of his hereditary estates; while the rest, who form the majority, are nominated partly by the electors and partly by the six ancient circles. had also cognizance in cases of refusal to do justice; and it acted as a court of appeal from territorial courts in civil and, to a small extent, in criminal cases, though it lost its competence as a court of appeal in all territories which enjoyed a privilegium de non appellando (such as, e.g. the territories of the electors). The business of the court was, however, badly done; the delay was interminable, thanks, in large measure, to the want of funds, which prevented the maintenance of the proper number of judges. In all its business it suffered from the competition of the Aulic Council War); for that body
work
See R. Schroder, Lehrbuch der deutschen Rechtsgeschichte ( Leipzig
Leipzig
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