The Present State of Germany. Samuel Pufendorf

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СКАЧАТЬ Right of War, by Cession and Desertion, and was now for a long time in the peaceable possession of others].^a And even Rome her self was not sui juris [independent], and therefore could not give her self to another: And therefore Charles was at first in doubt, whether he should accept the Title, till he had made an agreement with the Greek Emperor, and obtained his consent. The Emperor of Constantinople who {was then weak, and} needed the Friendship of Charles yielded the point without any difficulty, to preserve Calabria, and those other [Ports he had yet left him in Italy].^b

      Or rather Protector and Advocate of the See of Rome.

      |[So that upon <19> the whole, Charles the Great, under the splendid Title of Emperor, borrowed from the ancient State of Rome (but in a very different sense) was made the Supreme Defender, Protector, and Advocate of the See of Rome, and of the States [properties]^c belonging to it, either by the Usurpation of the Pope, or the Liberality of others. Now whether this Defence and Protection included in it a Supreme Empire or Dominion [summi Imperii] over that See, as some Civilians [politicis] have said, seems a doubt to me, and I should rather think there was a kind of unequal League only entred between Charles and the See of Rome,]|^d That he should defend her [and her possessions] against all Invaders, or [and] by his Authority compose all internal Commotions, which might tend to the damage or dishonour of that See [the Church]; and on the other side, [That] the See of Rome should pay a due respect to his [Charles’s] Majesty, {and not undertake any thing which was of great consequence, without his Authority or Leave:} and in the first place, that no man should be admitted Pope against his will.

      |[From whence it will appear, that the See of Rome from thenceforward became a particular State [civitatis], and, properly speaking, was not united [to the Kingdom of France].^a And that Charles the Great was not the Master of the See of Rome, and the States [properties] belonging to it, nor did he exercise a Soveraign Dominion [vim imperii] over her, by making Laws, imposing Tributes, creating Magistrates, or exercising any Jurisdiction, or the like. For [But] all these things are not above the Pretences of an Advocate, viz. To expel a Pope that entered by ill Arts, to reduce into <20> Order such as designed the Ruine of the Church, or any other signal damage [dishonor], or to subdue the Romans, or any other who should rebel against the Pope.]|^b

      However, neither he nor any of his Successors would suffer France to be taken for a part of the Empire.

      [Moreover,] Charles, and some of his Posterity, tho’ they seemed fond enough of the Titles of Emperors and Augusti, and on that account took upon them the Priority amongst the other European Princes, who willingly yielded it to them on that score; yet after all, for ought that appears to me, we shall never read, that [any of the Line of Charles the Great, call’d the Kingdom of France by that Name].^a

      The Fall of the Caroline Race, the Rise of the Kingdom of Germany under Otho I.

      13. When the Caroline Family began to decline, and the Germans had divided themselves from the Kingdom of France, and Italy was afflicted with great Commotions, there sprung up other States out of the Ruins of this House [the older powers], and amongst them Otho the First, King of Germany, who having overcome Berengarius,²⁹ and reduced the Kingdom of Italy, the Popes (who [could not trust to their States])^b thought fit to put Otho in possession of [nearly] the same Power [jure] [as defender] that had been enjoyed by the Family of Charles the Great, and consented, That for the future the Protection of the See of Rome should be united to the Kingdom of Germany, so that whosoever enjoyed that Kingdom, should [be the Protector of that See].^c

      But then, after many of those old German Kings had [couragiously executed that Office upon]^d the See of Rome, and in the mean time the Wealth and Power not only of the See of Rome, but of the Bishopricks of Germany, was become very great, the Popes of Rome began to grow weary <21> of this German Protection too. The Causes of this were, 1. The Aversion common to all Nations, against a Foreign Dominion. 2. The Indignity which was offered hereby, to the Italick People, who having ever been celebrated for Civil Prudence {(it would be cowardly not to acknowledge that which outsiders attribute to us)},^e were by this kept under the Tutelage [wild rule] of the {less-politick [uncultivated]} Germans. 3. Besides, it was very uneasie to the Vicar of Jesus Christ to be any longer under the Guardianship of another, whose [the Pope’s] fingers [had long] itched to be giving Laws to all Princes. Therefore for the shaking off this Yoke, they [the Popes] took this course, viz. They found out ways, [by the means of the Bishops, to imbroil the Affairs of these Kings, sometimes in Germany, and at others in Italy, and the Pope seconded them with his Fulminations or Censures, which in those Ages were wonderful terrible].^a

      Thus by degrees the Kings of Germany grew weary of Italy, and being content with their own Kingdom, left the See of Rome to the sole management [arbitrio] of the Popes, which they [these] had sought so many Ages, and by such a variety of Arts, to the embroiling [of] all Europe. After this the Kings of Germany {a long time omitted the being crowned at Rome, yet they} retained the old Titles of Emperors of Rome; and when they entred upon the Kingdom, the Defence of the See of Rome was in the first place enjoin’d them; from which care the Protestant Electors have since given the Emperor a Discharge.

      The Kingdom of Germany has not succeeded in the Roman Empire.

      14. By all that has been said, it will appear how {childishly} they are mistaken, who think the Kingdom of Germany has succeeded in the <22> Place of the old Roman Empire, and that it is continued in this Kingdom; when in truth, that Empire which was seated at Rome, was destroyed many Ages before Germany became one Kingdom. |[And that Roman Empire which was given to Charles and Otho]|^b (which was nothing but the Advousion [defense] and Protection of the See of Rome) in length of time fixed its Name upon that Kingdom of Germany, tho’ the States [ditiones] of the Church [in Italy]⁺ never were united into one and the same Polity [civitatem] with the Kingdom of Germany, much less did either Charles or Otho submit their proper [own] Kingdoms to Rome, as the Metropolis or Seat of the Empire. In the mean time, because it was believed the very Title of Emperor of Rome, upon the account of the Greatness of that ancient Empire, had something of Majesty and Grandeur in it, it was frequently given to the Kings of Germany [only].^a And the consequence of this was, that Germany [too] was afterwards call’d the Roman Empire, by way of Honour. But the different Coronations [and inaugurations] which belong to them do not obscurely shew, that there is a real difference to be made between the Roman Empire and the Kingdom of Germany; and the later Emperors, since Maximilian I. after the Title of Roman Emperor, expresly subjoin that of King of Germany. The Germans also at this day do commonly call {their State}, The Roman Empire of the Teutonick Nation; which form of Speech seems to contain in it a contradiction, seeing it is very certain the present State of Germany [modernam Germanorum rempublicam] is not one and the same with the ancient Roman Empire. <23> Yet the Kings of Germany retain the Title which has been received, tho’ they have for a long time omitted the Reception of the Crown of Rome, and use very little of the ancient Rights of an Advocate, which belonged heretofore to them, because Princes do more easily part with the things in dispute, than with the Titles to them. Now, whether that Right they once had, is by the lapse of time expir’d, or preserved by the use of the Title only, we shall hereafter, when occasion is offered, enquire.³⁰

      The Title of Roman Emperor damageable to Germany.

      15. But in the mean time the Title of the Empire of Rome is so far from being СКАЧАТЬ