his superior jurisdiction they had, in the end of the fifteenth
century, assigned to a regular and permanent tribunal, the Imperial
Chamber of Spires, in which the Estates of the Empire, that they might
not be oppressed by the arbitrary appointment of the Emperor, had
reserved to themselves the right of electing the assessors, and of
periodically reviewing its decrees. By the religious peace, these
rights of the Estates, (called the rights of presentation and
visitation,) were extended also to the Lutherans, so that Protestant
judges had a voice in Protestant causes, and a seeming equality obtained
for both religions in this supreme tribunal.
But the enemies of the Reformation and of the freedom of the Estates,
vigilant to take advantage of every incident that favoured their views,
soon found means to neutralize the beneficial effects of this
institution. A supreme jurisdiction over the Imperial States was
gradually and skilfully usurped by a private imperial tribunal, the
Aulic Council in Vienna, a court at first intended merely to advise the
Emperor in the exercise of his undoubted, imperial, and personal
prerogatives; a court, whose members being appointed and paid by him,
had no law but the interest of their master, and no standard of equity
but the advancement of the unreformed religion of which they were
partisans. Before the Aulic Council were now brought several suits
originating between Estates differing in religion, and which, therefore,
properly belonged to the Imperial Chamber. It was not surprising if the
decrees of this tribunal bore traces of their origin; if the interests
of the Roman Church and of the Emperor were preferred to justice by
Roman Catholic judges, and the creatures of the Emperor. Although all
the Estates of Germany seemed to have equal cause for resisting so
perilous an abuse, the Protestants alone, who most sensibly felt it, and
even these not all at once and in a body, came forward as the defenders
of German liberty, which the establishment of so arbitrary a tribunal
had outraged in its most sacred point, the administration of justice.
In fact, Germany would have had little cause to congratulate itself upon
the abolition of club-law, and in the institution of the Imperial
Chamber, if an arbitrary tribunal of the Emperor was allowed to
interfere with the latter. The Estates of the German Empire would
indeed have improved little upon the days of barbarism, if the Chamber
of Justice in whi
|