The Present State of Germany. Samuel Pufendorf

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СКАЧАТЬ of Mentz to raise this Gentleman. [He concluded, he]^a would be the more obnoxious or compliant to him[self], because [the Nobility of his extraction]^b did not [yet] encourage him to act with that freedom another would have used; and besides, he would [in greater degree be obliged to him]^c for his preferment. But then it might seem a wonder that none of the greater [other] Princes should aspire to the Imperial Throne, except we consider the confused state of things in Germany, at that time, which made them all [some of them] fearful they might not be able to reduce it into order; and perhaps others of them were not of sufficient age and experience to effect so difficult a Work. Thus the Secular Electors complied with the Spiritual. But then the Elector of Saxony, and the Burgrave of Norimburg [Nuremberg], would not give their Votes for him till he had promised each of them a Daughter in Marriage; and the same was asked by the Duke of Bavaria, who [was then present],^d and granted. Thus Rudolphus <29> [immediately] became allied to the best Families of Germany,]| ^e which in the beginning was both an honour and a support to this House.

      Austria, Stiria, Carniola, &c. came into this House as vacant Fees.

      The Imperial Dignity gave him also afterwards opportunity of obtaining a considerable Patrimony for his Posterity; |[for when any Fee [fief] became vacant, none could better pretend to it than one of his own Sons, for to take it to himself, would have been very invidious [aroused much ill will]. Thus that House]|^a obtained Austria, Stiria [Styria], Carniola [Carinthia], and the Marquisate of Vindish in Carniola [the Wendian March], and some other Territories <which he [Rudolph] took from the vanquished Ottokar, king of Bohemia, who had [previously] seized them>. |[And in process of time many others were added, by the Bounty of other Emperors, as the Opulent are more frequently obliged [courted] with such Favours than the Poor.^b Being thus enriched, it became very easie for this Family to match into the best Houses; and because Ladies are not only won by Riches, but dazzled sometimes with the glittering of a new and extraordinary Title, [a Son might easily gain in that case, from a less yielding Father, some new additions, which might]^c set him above the other Dukes.

      The first amongst Spiritual Electors.

      And yet even here the Prudence [skill] of the House of Austria deserves commendation.]|^d It would have been very invidious [given rise to great jealousy] for this new Family to have taken a Place in the Diets, above the more ancient; and yet it did not become it to follow the rest[, now it was possessed of the Empire]⁺. Therefore they took the first place amongst the Spiritual Electors [Ecclesiastical Princes], who have a Bench distinct from the Secular Princes; for these [being for the most part descended of lower Families],^e did without any reluctance yield the first place to this Family. {And yet this their modesty went <30> not unrewarded: for} on this account they [the house of Austria] obtained that Employment or Honour which they call the Directory in the Colledge of the Princes, to be exercised by turns with the [Arch]bishop of Salsburg.⁶ {These things are so far from deserving the blame of any wise man, that it would have been the utmost degree of stupidity to have done otherwise.}

      Thus the House of Austria [gained to it self]^a the greatest part |[of the Eastern Countries of Germany. After this, they got [In addition, they possess] the Crown of Hungary, by almost an Hereditary Title, which amongst other advantages serves as a Bulwark to their other Dominions against the Irruptions of the Turks, and gives the Austrians many pretences of draining the Moneys of Germany [to maintain its Wars against that dreadful Enemy].^b]|^c

      This Family has long possessed the Imperial Throne.

      4. We ought well to consider [also not only that the House of Austria has continued its self so long in the Imperial Dignity, that there is scarce any other House in Germany, which has a Revenue sufficient to bear the Expence of that [splendid] Station; but that they have also found]^d means in the interim so to order their Dominions, that without any difficulty they can erect them into an Independent separate State or Kingdom, if any other Family [someone else] should happen to be advanced to the Imperial Crown. For they have procured such Priviledges, that whenever they shall not be pleased to acknowledge the Authority of another Emperor, they may [immediately] say, They have no business with the Empire of Germany, their Dominions are a separate State [civitatem]<, or they acknowledge the Emperor’s authority only at their discretion and insofar as it pleases them>.⁷ Which would not only wonderfully [significantly] maim the Empire by depriving it of <31> so great a part of its body, but would also set a dangerous Example to other powerful Princes [for others] to do the like, especially if they conceive they are able to preserve themselves without the assistance of the Empire. Yea, if this example were once given, [even] the meaner and lesser Princes would not continue in the state of Subjects [would reject their lower status]. And thus Germany would soon be brought into the same state [condition] with Italy; but then it seems to me to be very doubtful, whether [it could so well preserve it self as Italy doth].^a

      That I have not rashly feigned all this, will be easily granted, if any one is but pleased to consider, That the Kingdom of Bohemia has very little concern with the Empire [rest] of Germany, {besides its Vote in the Election of the Emperor;}⁸ or if he will but reflect [a bit more carefully] on the greatest part of the Priviledges of the House of Austria. It will to this purpose be sufficient to represent [excerpt] a few Heads of the Immunities given by Charles V.⁹

      The Priviledges granted to this Family by Charles V.

      In the very entrance of this Grant he is pleased to acknowledge, that Men naturally [most of all] desire the welfare of their Families. Then he decrees, [1.] That Austria shall be a perpetual Fee of this Family, which no future Emperor shall deprive it of. 2.^a That the Duke of Austria, [for the time being,]⁺ shall be such a Counsellor of the Empire, as without his knowledge nothing shall be determined. And yet, 3. He declares his Dominions free from all Contributions to the Empire. 4. And yet obligeth the Empire to the defence of them; so that in all Advantages it [Austria] is a Member, in all Charges it is not. 5. The Duke of Austria shall not be obliged to demand the Investiture of his Dominions out of the Bounds <32> of them, but it shall be offered to him in his own Territories; to wit, [because for a naked acknowledgment of the Tenure, he will not confess himself |[subject to the Empire]|;^b or as if he were to be intreated to own himself a Vassal of the Empire].^c And then the [Ornaments that are allowed him in this action],^d do also sufficiently argue, that he is to be treated |[like an Equal, and not like a Subject]|.^e {6. If he please, he may come to the Diet; and if he please, he may forbear.}¹⁰ 7. The Emperor has no Author[it]y to rectifie any thing done by him in his own Dominions. 8. The Emperor [Empire] can dispose of no Fees within the Dominions belonging to the House of Austria. 9. His Subjects shall not be drawn out of his Dominions to answer in any other Courts. 10. From his Sentence there lies no Appeal. 11. He may without any danger receive such as are put under the BAN of the Empire, so [provided] that he take care to do Justice to the Party injured [the accuser]; but then those that are banished by the Duke of Austria, shall be absolved by no other Prince, nor in any other place than in Austria. 12. He may lay new Tributes or Taxes [on his own Vassals],^f at his own pleasure. 13. [Likewise] he may create Earls, Barons, and Gentlemen [nobles] within his own Dominions, which was heretofore [is otherwise] thought one of the Acts of Soveraignty [in Germany]. 14. Lastly, [to perfect his Power],^a it is decreed, That in case the Male Line fail in this House, the Estates [dominions] belonging to it shall devolve to the Female Issue; and if there be no Females, neither, the last Possessor shall give or dispose [alienare] of them as he thinks fit.

      The Low Countries united to the Empire by Charles V. and why.

      It is to no purpose to add any more, seeing these СКАЧАТЬ