The Federalist Papers - Alexander Hamilton [349]
p. 476. the institution of the IMPERIAL CHAMBER byMaximilian…: Maximilian I (1459–1519) became Holy Roman emperor in 1493. His marriage (1477) to Mary of Burgundy added the territories of the Netherlands, Belgium, and Burgundy to the Hapsburg domain. In 1499, Switzerland won its independence from the Empire; but Hungary and Bohemia were attached by marriage (of Maxmilian’s grandchildren to the heirs of the ruling houses) in 1516. Led by territorial ambitions to prosecute a war in Italy against Charles XII of France(1495), Maximilian convoked the Imperial diet to request financial assistance. The diet predicated its aid on extensive governmental reforms, including the establishment of a new professional judiciary, the Imperial Chamber. Despite initially supporting the reforms, Maximilian undermined the diet’s efforts by investing the new Aulic Council (1497), a body answerable only to the emperor, with responsibility for all imperial affairs. With the failure of these reforms and the onset of the Reformation in the first half of the sixteenth century, prospects of regularizing German politics soon faded.
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p. 488. the civil-law mode of trial, which prevails in our courts ofadmiralty, probate, and chancery: An admiralty court handles disputes arising under maritime law, or the law pertaining to most activities at, or relating to, the sea. A probate court is authorized to prove the validity of wills and to administer estates. A court of chancery is empowered to administer the law of equity (i.e., a set of rules designed to secure a fair outcome in view of the particulars of the case) and to proceed according to the forms and principles of that law.
p. 489. and in some cases, of whichprize causesare an example…: Prize causes are legal disputes resulting from the capture of goods—usually shipping—during time of war. The term "prize" in this context may also refer to seizures by revenue agents or other officials with similar authority.
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p. 499. The trial by jury in criminal cases, aided by thehabeas corpusact…: Habeas corpus is a legal writ ordering an official to bring into court a person detained by the government and to show cause for the imprisonment. It has long been understood as a bulwark of free society, ensuring universal submission to legal procedure. Recognized by English law in the Habeas Corpus Act of 1679, the writ became part of England’s legal legacy to her former colonies. In the contemporary American context, habeas corpus has become a vehicle for federal court review of state court criminal convictions.
p. 499. The taxes are usually levied by…distress and sale…: "Distress and sale" is a legal phrase relating to the expedited seizure and public auction of goods for the purpose of satisfying monetary judgments or tax liens.
p. 501. and proceeds in general…according to the course of thecanon…law…: Canon law is the law of the Roman Catholic church. It consists of opinions of early Christian writers, decrees of General Councils, and decretal epistles and bulls of the Holy See. Canon law pertains to the rules, procedures, and judgments of ecclesiastical courts as well as to the ordination and governance of officers of the church.
p. 504. in hisprivy council,where the fact, as well as the law, undergoes a re-examination: The Privy Council was the body of principal advisors to the king of England. It was established during the reign of Henry V (1413–1422), and for many years held substantial governmental power. In the seventeenth and eighteenth centuries, the council would disallow acts of the colonial legislatures and hear final appeals from colonial courts. It was generally viewed as a check against royal tyranny. Although it survives to modern times, the Privy Council declined in importance with Parliament’s gradual rise to constitutional preeminence.
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p. 511. the judiciousBlackstone: See note to Federalist 69.
p. 512. Such was MAGNA CHARTA, obtained by the barons…fromKing John: John Lackland