The Present State of Germany. Samuel Pufendorf

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СКАЧАТЬ Charles the Great endeavoured to redress this Error, but his Posterity returned back to it. Otho Duke of Saxony a King in Fact though not in Title; other Princes afterwards raised to this Dignity by the Emperors; others by Purchace, Inheritance, and Usurpation.

      4. Whose Power was after confirmed by the Emperors; upon the failing of the Line of Charles the Great, Germany became perfectly free; the Princes of Germany now not Subjects but Allies to the Emperor.

      5. Great Emperors are well obeyed, the weaker are despised: Luxury has impoverished some of the Princes.

      6. The Election of the Bishops renounced by the Emperor.

      7. The Bishopricks of Germany endowed by the Emperors.

      8. Who when they became very rich, refused to be subject to their Benefactor.

      9. The Free Cities: Why the Germans of old had no Cities.

      10. The Cities were at first subject to the Kings or Emperors of Germany. <xi>

      CHAP. IV.

      Of the Head of the German Empire, the Emperor; and of the Election and the Electors.

      1. The Emperor the Head of Germany: The Empire of the Romans pretendedly given by the Pope: The Kingdom of France more hereditary than elective: Germany given freely to Conrade: The Empire of Rome united for ever to the Kingdom of Germany.

      2. The ancient Elections not made by any certain number of Electors exclusively.

      3. The Seven Electors not instituted by Otho III.^a

      4. Yet they seem more ancient than Frederick II.

      5. The Priviledges of the Electors.

      6. The manner of the Election.

      7. The Electors have deposed an Emperor.

      8. The Electors have some other special Priviledges.

      9. What is done during the Interregnum.

      10. Of the King of the Romans. <xii>

      CHAP. V.

       Of the Power of the Emperor as it now stands limited by Treaties, Laws, and the Customs of the Empire, and the Rights of the States of the Empire.

      1. Of the Limits of the Imperial Power.

      2. These Conditions are prescribed only by the Electors.

      3. The usefulness of the German Capitular.

      4. The extravagant Opinions of some German Writers concerning the Capitular.

      5. The Emperor doth not appoint or punish the Magistrates in the Empire out of his Hereditary Countries.

      6. Nor can he deprive any of the Princes of their Dignity or Dominions.

      7. He has no Revenues.

      8. Nor is he the Arbitrator of Peace or War; nor of Leagues and Alliances.

      9. Nor the general Governour of Religion: An account of Martin Luther.

      10. Many of the German Princes deserted the See of Rome: The Decree of Ausburg for the Liberty of Religion.

      11. The Liberty of the Clergy more fiercely disputed.

      12. The Differences of Religion cause great Disquiet in Germany: The Peace of Religion finally settled.

      13. The Legislative Power not in the Emperor: The Canon Law first introduced: <xiii> The ancient German Customs: The Civil Law brought into use in the Fifteenth Century: That at present in use is a mixture of all these three: Particular or Local Laws made by the States; and the general Laws in the Diet.

      14. The Form of the German Jurisdiction in several Ages.

      15. The old Forms changed.

      16. The Innovation brought in by Churchmen.

      17. How the Secular Cases are managed: The Chamber of Spire erected for Appeals.

      18. The present form of Process: In Civil Cases there lies no Appeal from the Emperor, Electors, or King of Sweden, in their respective Territories, nor from the rest in Criminal Cases.

      19. How the Controversies of the States and Princes amongst themselves are determined.

      20. The highest Courts in the Empire are the Chambers of Spire and Vienna.

      21. When this last was instituted.

      22. The form of executing the Judgments of these Courts.

      23. That the greater Cases ought to be determined by the Diet.

      24. In ancient times the Diets were held every year.

      25. All the Members are to be summoned to the Diet.

      26. The things to be debated there are proposed by the Emperor or his Commissioner.

      27. The Emperor has some Prerogatives above any other of the Princes.

      28. The Priviledges of the Princes and Free States. <xiv>

      CHAP. VI.

      Of the Form of the German Empire.

      1. Of the Form of the German Empire.

      2. All the Hereditary States, and some of the Elective, are Monarchies: The Free Cities are Commonwealths.

      3. The form of the whole Body is neither of these, but an Irregular System.

      4. Yet many pretend the Empire is an Aristocrasie.

      5. This disproved.

      6. It is not a regular Monarchy.

      7. That it is not so much as a limited Monarchy. Hippolithus a Lapide considered.

      8. The Arguments of those that pretend it is a Limited Monarchy answered.

      9. That it is an irregular System of Soveraign States.

      CHAP. VII.

      Of the Strength and Diseases of the German Empire.

      1. The Subjects of Humane Force, Men and Things. Husbandmen most wanted. A vast Army may be easily levied in the Empire. An <xv> account СКАЧАТЬ