FOOTNOTE:

[1] The rules were drawn up in French. The author of this article is

responsible for the translation of them.

IMOLA (anc. _Forum Cornelii_), a town and episcopal see of Emilia,

Italy, in the province of Bologna, from which it is 21 m. S.E. by rail,

140 ft. above sea-level. Pop. (1901) 12,058 (town); 33,144 (commune).

The cathedral of S. Cassiano has been modernized; it possesses

interesting reliquaries, and contains the tomb of Petrus Chrysologus,

archbishop of Ravenna (d. 451), a native of Imola. S. Domenico has a

fine Gothic portal and S. Maria in Regola an old campanile. The town

also contains some fine palaces. The communal library has some MSS.,

including a psalter with miniatures, that once belonged to Sir Thomas

More. The citadel is square with round towers at the angles; it dates

from 1304, and is now used as a prison. Imola has a large lunatic asylum

with over 1200 inmates. Innocenzo Francucci (Innocenzo da Imola), a

painter of the Bolognese school (1494-1549), was a native of Imola, and

two of his works are preserved in the Palazzo del Comune. The Madonna

del Piratello, 2 m. outside the town to the N.W., is in the early

Renaissance style (1488); the campanile was probably built from

Bramante's plans in 1506.

The ancient Forum Cornelii, a station on the Via Aemilia, is said by

Prudentius, writing in the 5th century A.D., to have been founded by

Sulla; but the fact that it belonged to the _Tribus Pollia_ shows that

it already possessed Roman citizenship before the Social war. In later

times we hear little of it; Martial published his third book of epigrams

while he was there. In the Lombard period the name Imolas begins to

appear. In 1480, after a chequered history, the town came into the

possession of Girolamo Riario, lord of Forli, as the dowry of his wife

Caterina Sforza, and was incorporated with the States of the Church by

Caesar Borgia in 1500.

IMP (O. Eng. _impa_, a graft, shoot; the verb _impian_ is cognate with

Ger. _impfen_, to graft, inoculate, and the Fr. _enter_; the ultimate

origin is probably the Gr. [Greek: emphyein], to implant, cf. [Greek:

emphytos], engrafted), originally a slip or shoot of a plant or tree

used for grafting. This use is seen in Chaucer (_Prologue to the Monk's

Tale_, 68) "Of fieble trees ther comen wrecched ympes." The verb "to

imp" in the sense of "to graft" was especially used of the grafting of

feathers on to the wing of a falcon or hawk to replace broken or damaged

plumage, and is frequently used metaphorically. Like "scion," "imp" was

till the 17th century used of a member of a family, especially of high

rank, hence often used as equivalent to "child." The _New English

Dictionary_ quotes an epitaph (1584) in the Beauchamp chapel at Warwick,

"Heere resteth the body of the noble Impe Robert of Dudley ... sonne of

Robert Erle of Leycester." The current use of the word for a small devil

or mischievous sprite is due to the expressions "imp of Satan, or of the

devil or of hell," in the sense of "child of evil." It was thus

particularly applied to the demons supposed to be the "familiar" spirits

of witches.

IMPATIENS, in botany, a genus of annual or biennial herbs, sometimes

becoming shrubby, chiefly natives of the mountains of tropical Asia and

Africa, but also found widely distributed in the north temperate zone

and in South Africa. The flowers, which are purple, yellow, pink or

white and often showy, are spurred and irregular in form and borne in

the leaf-axils. The name is derived from the fact that the seed-pod when

ripe discharges the seeds by the elastic separation and coiling of the

valves. _Impatiens Noli-me-tangere,_ touch-me-not, an annual succulent

herb with yellow flowers, is probably wild in moist mountainous

districts in north Wales, Lancashire and Westmorland. _I. Roylei,_ a

tall hardy succulent annual with rose-purple flowers, a Himalayan

species, is common in England as a self-sown garden plant or garden

escape. _I. Balsamina,_ the common balsam of gardens, a well-known

annual, is a native of India; it is one of the showiest of summer and

autumn flowers and of comparatively easy cultivation. _I. Sultani,_ a

handsome plant, with scarlet flowers, a native of Zanzibar, is easily

grown in a greenhouse throughout the summer, but requires warmth in

winter.

IMPEACHMENT (O. Fr. _empechement, empeschement,_ from _empecher_ or

_empescher,_ to hinder, Late Lat. _impedicare,_ to entangle, _pedica,_

fetter, _pes_, foot), the English form of judicial parliamentary

procedure against criminals, in which the House of Commons are the

prosecutors and the House of Lords the judges. It differs from bills of

attainder (q.v.) in being strictly judicial. When the House of Commons

has accepted a motion for impeachment, the mover is ordered to proceed

to the bar of the House of Lords, and there impeach the accused "in the

name of the House of Commons, and of all the Commons of the United

Kingdom." The charges are formulated in articles, to each of which the

accused may deliver a written answer. The prosecution must confine

itself to the charges contained in the articles, though further articles

may be adhibited from time to time. The Commons appoint managers to

conduct the prosecution, but the whole House in committee attends the

trial. The defendant may appear by counsel. The president of the House

of Lords is the lord high steward, in the case of peers impeached for

high treason; in other cases the lord chancellor. The hearing takes

place as in an ordinary trial, the defence being allowed to call

witnesses if necessary, and the prosecution having a right of reply. At

the end of the case the president "puts to each peer, beginning with the

junior baron, the questions upon the first article, whether the accused

be guilty of the crimes charged therein. Each peer in succession rises

in his place when the question is put, and standing uncovered, and

laying his right hand upon his breast, answers, 'Guilty' or 'Not

guilty,' as the case may be, 'upon my honour.' Each article is proceeded

with separately in the same manner, the lord high steward giving his own

opinion the last" (May's _Parliamentary Practice,_ c. xxiii.). Should

the accused be found guilty, judgment follows if the Commons move for

it, but not otherwise. The Commons thus retain the power of pardon in

their own hands, and this right they have in several cases expressly

claimed by resolution, declaring that it is not parliamentary for their

lordships to give judgment "until the same be first demanded by this

House." Spiritual peers occupy an anomalous position in the trial of

peers, as not being themselves ennobled in blood; on the impeachment of

Danby it was declared by the Lords that Spiritual peers have the right

to stay and sit during proceedings for impeachment, but it is customary

for them to withdraw before judgment is given, entering a protest

"saving to themselves and their successors all such rights in judicature

as they have by law, and by right ought to have." An impeachment, unlike

other parliamentary proceedings, is not interrupted by prorogation, nor

even by dissolution. Proceedings in the House of Commons preliminary to

an impeachment are subject to the ordinary rules, and in the Warren

Hastings case an act was passed to prevent the preliminary proceedings

from discontinuance by prorogation and dissolution. A royal pardon

cannot be pleaded in bar of an impeachment, though it is within the

royal prerogative to pardon after the lords have pronounced judgment.

The point was raised in the case of the earl of Danby in 1679, and the

rule was finally settled by the Act of Settlement. Persons found guilty

on impeachment may be reprieved or pardoned like other convicts.

Impeachment will lie against all kinds of crimes and misdemeanours, and

against offenders of all ranks. In the case of Simon de Beresford, tried

before the House of Lords in 1330, the House declared "that the judgment

be not drawn into example or consequence in time to come, whereby the

said peers may be charged hereafter to judge others than their peers,"

from which Blackstone and others have inferred that "a commoner cannot

be impeached before the Lords for any capital offence, but only for high

misdemeanours." In the case of Edward Fitzharris in 1681, the House of

Commons in answer to a resolution of the Lords suspending the

impeachment, declared it to be their undoubted right "to impeach any

peer or commoner for treason or any other crime or misdemeanour." And

the House of Lords has in practice recognized the right of the Commons

to impeach whomsoever they will. The procedure has, however, been

reserved for great political offenders whom the ordinary powers of the

law might fail to reach. It has now fallen into desuetude. The last

impeachments were those of Warren Hastings (1788-1795) and Lord Melville

(1806), but an unsuccessful attempt was made by Thomas C. Anstey to

impeach Lord Palmerston in 1848. The earliest recorded instances of

impeachment are those of Lord Latimer in 1376 and of Pole, earl of

Suffolk, in 1386. From the time of Edward IV. to Elizabeth it fell into

disuse, "partly," says Hallam, "from the loss of that control which the

Commons had obtained under Richard II. and the Lancastrian kings, and

partly from the preference the Tudor princes had given to bills of

attainder or pains and penalties when they wished to turn the arm of

parliament against an obnoxious subject." Revived in the reign of James

I., it became an instrument of parliamentary resistance to the crown,

and it was not unfrequently resorted to in the first three reigns after

the Revolution.

In the United States the procedure of impeachment both in the national

and in almost all of the state governments is very similar to that

described above. The national constitution prescribes that the House of

Representatives "shall have the sole power of impeachment" and that "the

Senate shall have the sole power to try all impeachments." The House

appoints managers to conduct the prosecution at the bar of the Senate,

and the vote of the Senate is taken by putting the question separately

to each member, who, during the trial, must be on oath or affirmation.

In ordinary cases the president or president _pro tempore_ of the Senate

presides, but when the president of the United States is on trial the

presiding officer must be the chief justice of the United States Supreme

Court. A two-thirds vote is necessary for conviction. The president,

vice-president or any civil officer of the United States may be

impeached for "treason, bribery or other high crimes and misdemeanours,"

and if convicted, is removed from office and may be disqualified for

holding any office under the government in future. The officer after

removal is also "liable and subject to indictment, trial, judgment and

punishment, according to law." The term "civil officers of the United

States" has been construed as being inapplicable to members of the

Senate and the House of Representatives. The president's pardoning power

does not extend to officers convicted, on impeachment, of offences

against the United States. Since the organization of the Federal

government there have been only eight impeachment trials before the

United States Senate, and of these only two--the trials of Judge John

Pickering, a Federal District judge for the District of New Hampshire,

in 1803, on a charge of making decisions contrary to law and of

drunkenness and profanity on the bench, and of Judge W. H. Humphreys,

Judge of the Federal District Court of Tennessee, in 1863, on a charge

of making a secession speech and of accepting a judicial position under

the Confederate Government--resulted in convictions. The two most famous

cases are those of Justice Samuel Chase of the United States Supreme

Court in 1805, and of President Andrew Johnson, the only chief of the

executive who has been impeached, in 1868. There is a conflict of

opinion with regard to the power of the House to impeach a Federal

officer who has resigned his office, and also with regard to the kind of

offences for which an officer can be impeached, some authorities

maintaining that only indictable offences warrant impeachment, and

others that impeachment is warranted by any act highly prejudicial to

the public welfare or subversive of any essential principle of

government. The latter view was adopted by the House of Representatives

when it impeached President Johnson.

IMPERIAL CHAMBER (_Reichskammergericht_), the supreme judicial court of

the Holy Roman Empire, during the period between 1495 and the

dissolution of the Empire in 1806. From the early middle ages there had

been a supreme court of justice for the Empire--the _Hofgericht_ (or

_curia imperatoris_, as it were), in which the emperor himself presided.

By his side sat a body of assessors (_Urtheilsfinder_), who must be at

least seven in number, and who might, in solemn cases, be far more

numerous,[1] the assessors who acted varying from time to time and from

case to case. The Hofgericht was connected with the person of the

emperor; it ceased to act when he was abroad; it died with his death.

Upon him it depended for its efficiency; and when, in the 15th century,

the emperor ceased to command respect, his court lost the confidence of

his subjects. The dreary reign of Frederick III. administered its

deathblow and after 1450 it ceased to sit. Its place was taken by the

_Kammergericht_, 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 officials--the _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 I.

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

_Reich_--whence its name). This change was a natural result of the

peculiar character of the movement of reform which was at this time

attempted by the electors, under the guidance of Bertold, elector of

Mainz. Their aim was to substitute for the old and personal council and

court appointed and controlled by the emperor a new and official

council, and a new and official court, appointed and controlled by the

diet (or rather, in the ultimate resort, by the electors). The members

of the Imperial Chamber, which was created by the diet in 1495 in order

to serve as such a court,[2] were therefore the agents of the Empire,

and not of the emperor. The emperor appointed the president; the Empire

nominated the assessors, or judges.[3] There were originally sixteen

assessors (afterwards, as a rule, eighteen): half of these were to be

doctors of Roman law, while half were to be knights; but after 1555 it

became necessary that the latter should be learned in Roman law, even if

they had not actually taken their doctorate.

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 in a fixed place

(until 1693, Spires, and afterwards, from 1693 to 1806, Wetzlar), and

not attached to the emperor's person. The original intention of the

court was that it should repress private war (_Fehde_), and maintain the

public peace (_Landfriede_). The great result which in the issue it

served to achieve was the final "Reception" of Roman law as the common

law of Germany. That the Imperial Chamber should itself administer Roman

law was an inevitable result of its composition; and it was equally

inevitable that the composition and procedure of the supreme imperial

court should be imitated in the various states which composed the

Empire, and that Roman law should thus become the local, as it was

already the central, law of the land.

The province of the Imperial Chamber, as it came to be gradually defined

by statute and use, extended to breaches of the public peace, cases of

arbitrary distraint or imprisonment, pleas which concerned the treasury,

violations of the emperor's decrees or the laws passed by the diet,

disputes about property between immediate tenants of the Empire or the

subjects of different rulers, and finally suits against immediate

tenants of the Empire (with the exception of criminal charges and

matters relating to imperial fiefs, which went to the Aulic Council). It

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 (q.v.);

for that body, having lost all executive competence after the 16th

century, had also devoted itself exclusively to judicial work. Composed

of the personal advisers of the emperor, the Aulic Council did justice

on his behalf (the erection of a court to do justice for the Empire

having left the emperor still possessed of the right to do justice for

himself through his _consiliarii_); and it may thus be said to be the

descendant of the old Kammergericht. The competition between the Aulic

Council and the Imperial Chamber was finally regulated by the treaty of

Westphalia, which laid it down that the court which first dealt with a

case should alone have competence to pursue it.

See R. Schröder, _Lehrbuch der deutschen Rechtsgeschichte_ (Leipzig,

1904); J. N. Harpprecht, _Staatsarchiv des Reichskammergerichts_

(1757-1785); and G. Stobbe, _Reichshofgericht und Reichskammergericht_

(Leipzig, 1878). (E. Br.)

Encyclopaedia Britannica, 11th Edition, "Ichthyology" to "Independence" Volume 14, Slice 3 · 第 60 / 66 题