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A36825 The estate of the Empire, or, An abridgement of the laws and government of Germany cast into dialogues for the greater conveniency of a young prince that was instructed therein / by Lewis Du-May ... ; translated into French by D'Alexis Esq. ... ; now faithfully rendered into English. Dumay, Louis, d. 1681. 1664 (1664) Wing D2521; ESTC R7823 173,537 384

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which are worthy of illustrious persons P. Doth it cost his Highness of Wirtemberg much to maintain the Professors and Masters of exercises which you now mentioned G. More then you think but that expense is not considerable in comparison of the glory which redounds from thence This Colledge and this University are the Pearls which do wonderfully set off the Crown of this Duke For although he be exceedingly at his ease though he have whatsoever he can wish though the delight of Hunting never fail him though every day present him some new delicacies made or growing upon his own Territories yet he would be much less spoken of in Forain Countreys if Eberhard the Wise had not founded that University if Christopher the Prudent had not projected this Colledge if Lewis the Pious had not built it if Frederick the Magnanimous had not endowed it if John Frederick the Peaceable had not preserved it and if Eberhard the Constant had not raised it to a higher point for the good of the Princes Lords and Gentlemen of the Empire P. Are none admitted into this Colledge but persons of quality G. This Colledge would not be illustrious if all sorts might be promiscuously received into it And these Princes having erected it for the education of persons of noble extraction they have thought it convenient to exclude those that are not Gentlemen born to the end that whilest there is none there but such as are obliged to aspire unto an eminent vertue and that have worthy Predecessors to imitate there may be nothing seen but such examples as may give furtherance to young Lords in the purf●● of that mark they aim at Nevertheless it is sufficient qualification for the Masters and Governors of Great men to be modest knowing and pious P. I would gladly know in what manner they live in this Colledge G. Order being the essential principle of all Societies Laws have been made that appoint every one what he is to do and what he is to avoid These Rules are read unto such as enter into the Colledge to remain there and they all promise and engage before the President of the Colledge to observe them except great Lords who are not bound to those Laws but so far forth as decency and the command of their Parents enjoyns them to obey their Governors who are responsible for them and are themselves subject to the Laws which are extreme easie and require nothing of any man but what he cannot well omit without running counter to honour and honesty P. This Institution is worthy of such Princes But is the Dutchy of Wirtemberg so great that it can maintain this Colledge and the University of Tubing without incommodating the Prince G. This Countrey is not so considerable for the extent as for the goodness of the Soil and number of Lordships in which they reckon 63. Cities 158. great Towns 645. Villages 537. Water-mills and 14. Abbeys of large Revenue Before the War this Duke could have brought together 24000. men in 24. hours and at this time he hath a fair Militia afwell of Horse as Foot and many Fortresses whereof Schocenderf Habsperg Anach and Neïf are indifferent good and Hoheuvilz one of the best in Germany P. Do me the favour to acquaint me further with the Priviledges and Alliances of this Prince G. There is no Prince in Germany that hath more noble priviledges then this Duke Not one of his subjects can appeal from his Justice And for that purpose he hath a Presidial Court at Tubing composed of five Gentlemen four Doctors and as many Burgers who give definitive judgement upon all controversies that happen between his Highness Subjects both in Civil and Criminal causes also a Consistory formed of certain Divines and other grave persons who are skilful in matters Ecclesiastical and such as have any relation to the Spiritual as Marriages and Adulteries He hath other Councels also for affairs of State and of the Exchequor As to your demand touching the Alliances of this House I find that anciently the Males married Marchionesses of Brigan Dutchesses of Lernigen daughters of Kings of Poland and of Emperors Dutchesses of Bavaria Milan Sav●y and Cleve Since they were Dukes Eberhard I. married Barbar● of Gonzage Eberhard II. Elizabeth Marchioness of Brandenbourg Vlrick Sabius daughter to Albert the Wise Duke of Bavaria Christopher Anne Mary Marchioness of Brasdenbourg Lewis Dorothy Vrsula Marchioness of Baden and Vrsula Princess Palstine Frederick had Sibyll Princess of Anhalt for the conservatress of his House John Frederick took Barbara Sophia Princess Electoral of Brandenbourg for an assistant and admirer of his Magnificence and Eberhard III. had Anne Catherine Rhingravess for the comfortress of his displeasures in the time of the War and Mary Dorothy Sophia Countess of Ottinguen for a partner of his felicity in the time of peace with whom he lived in such perfect union and harmony that it seemed as it were a taste upon earth of the life hereafter in Heaven P. Hath this Prince no children G. He had 14. by his first wife and hath still nine of them very sweet lovely persons The five Princesses speak French and dance as if they had been bred at Paris The eldest son John Frederick is excellent for horsemanship and at his Weapon William Lewis Frederick Charles and Charles Maximilian are but young but they carry in their countenances such characters of generosity as easily perswade me they will one day make the vertues of their bravest Ancestors live again P. Methinks you are very much addicted to this House and yet you do not tell me that one of the younger sons of Frederick the Magnanimous had Weiltingen and Brents and the youngest of all Monbeliard Ericourt Granges Horbourg Richeville and their appurtenances which give him a voice in the Diets of the Empire and almost all the Nobility in the Franche-County and Burgundy hold of him in Fee Also that this Princes Lands depending upon the Empire enjoy the same right that the Dutchy of Wirtemberg doth and that the eldest Son had the Dutchy entire and left it undivided to his eldest Son G. I have elsewhere said that the right of Primogenitute takes place in this House And since you are not satisfied with what I have told you hitherto you ought to know that the four daughters of Frederick the Magnanimous were married to John George I. Elector of Saxony John George Marquis of Zeguerendorf Frederick Marquis of Baden and Francis Julius Duke of Lower Saxony which are high Alliances The sons of Lewis Frederick Prince of Monbeliard are married the eldest to Sibyll Dutchess of Wirtemberg and the younger to Anne of Coligny Dutchess of Chastillon The younger son of Julius Frederick married a Countess of Aldembourg and the eldest a Dutchess of Mansterberg who brought him is dowry the Principality of Ols in Silesia Vlrick a younger son of the present Duke was General of the Forain Horse for the Spaniard in Flanders where he took to Wife Isabell
have voice and seat in the Assemblies G. All the Estates of the Empire who are the Electors the Princes the Prelates the Counts the Barons and the Imperial Cities And besides the place and voice they have in general and particular Assemblies they have also a certain right of Regality and the priviledge of the Austregues that is a right not to be convented or brought before any but peculiar Judges P. I thought that the Emperor alone had the right of Regality that this right and Majesty were one and the same thing and that but few Counts and Barons had place and voice in the Assemblies G. By the Counts and Barons which I told you had seat and suffrage in the Assemblies you should understand those that are Estates of the Empire and abstract all others even those Lords to whom the Emperor gives the title of Prince in his Hereditary Countreys who are in no small number the abuse being grown to that height that few or none are content with the title of Gentleman As to the other part of your supposition you should take notice that Soverainty and Regalities are different things Soverainty is that which essentially constitute the Emperor that is which makes him to be Emperor and Regalities are the Adjuncts of Soverainty and the Rights which flow from it as rivulets from their spring P. I beseech you explain your self a little more G. For the better understanding of what I have even now said you must note that the word Regality is diversly taken to wit 1. for great Lordships held in Fee of the Crown 2. for Churches extraordinarily rich 3. for the right of giving great Benefices 4. for the Royal Ensigns which are carried before Kings and put upon their heads and into their hands and 5. for the Rights which have been given to Emperors for marks of a Soverain eminence Regalities may be also distinguished into the greater and the lesser The greater are Regalities of Dignity which relate to the Emperor person the lesser are Regalities of Vtility which regard his Treasure The great one are incommunicable the lesser are communicable and communicated to Princes Lords and Cities to one more to another less according to the good pleasure of the Emperors P. I do not yet fully understand which be the Regalities of Dignity I pray speak a little more at large of them G. The Regalities of Dignity are the immense power which the Emperor hath to give the title of King Elector Archduke Duke c. to make Laws to administer Justice and other such like things P. I think the Emperor hath communicated the right of administring Justice unto the Imperial Chambers of his Court and of Spire G. That is true but the power of the Chambers is no argument why the Emperor alone should not be said to have the Soverain Right of administring Justice For the Judge of those Chambers bears the Imperial Sceptre to show that he exercises the Emperors jurisdiction there all judgements are pronounced there in his Majesties name and sealed with his Arms Which makes it clear that all is done by his authority and in his name P. Was Justice always administred by the Soverain Chambers which his Majesty hath established the one in his Court and the other at Spire G. The Chamber of Justice or Parliament of the Empire was ambulatory till the time of Maximilian I. who taking pity of the parties that were necessitated to follow the Court and seek for Justice there at great expenses at the request of Berchtold Count of Henneberg who was then Elector of Mentz established a Sedentary Chamber at Wormes in the year 1495. from whence it was soon after removed to Spire but cannot be withdrawn from that place without the consent of all the Estates P. Doubtless the Emperor hath given an extraordinary jurisdiction to that Chamber for I have heard say that it hath concurrence of jurisdiction with his Majesty G. The Chamber of Spire can have no concurrent jurisdiction with the Emperor unless it be that his Majesty may concur with himself for the jurisdiction of the Chamber is nothing else but the Emperors jurisdiction Besides the Emperor hath not established the Chamber to concur with him but to administer Justice in his name For in transferring thither all the jurisdiction universally for so much as concerns Civil causes he hath ordered that nothing shall be dispatched but in his name and under his Seal Whereby it is easie to judge that there is a dependence and not a concurrence of the Chamber of Spire with the Emperor who also causeth the Assessors to be punished when they transgress and swerve from their duty P. Seeing the Emperor hath transmitted all his jurisdiction unto that Chamber certainly it passeth judgement upon all things without appeal G. Except Ecclesiastical and Spiritual matters as the crimes of Heresie Adultery and other such like the cognizance whereof belongs to the Church that Chamber Judges finally and absolutely of every thing So that an appeal cannot be made unto the Emperor and much less to the Pope even in a cause of a pious nature And there is a Decree to be seen of the 20. February 1512. whereby one that appealed to the Pope was fined a hundred Marks of Gold But this Chamber takes no knowledge in the first instance but of the causes which concern some Immediate person that is immediately depending upon the Emperor P. Are all Immediate persons Estates of the Empire G. The Gentlemen of Swaben Franconia the Rhine and the lower Alsatia are not Estates of the Empire though they be immediately subject to the Emperor P. Let us begin to speak of the Estates of the Empire and tell me if you please what was the original of the House of Austria how long it hath worn the Imperial Crown into how many branches it is divided by what means it became so potent and what are its priviledges G. You ask too many things at once yet I will answer them But that we may avoid confusion I will speak severally of that which you have proposed conjunctly And as to your first question I say that flatterers think they can never raise the beginning of this Most August House high enough unless they fetch it from the Trojan horse and tracing the Fables of the old Romans invent a fine Genealogy from near 500. years before the birth of Jesus Christ Others would have it to descend from Charlemagne in a direct masculine line The most common opinion is that the Counts of Habspourg who wear the Imperial Crown at this present are a branch of the Dukes of Zeringuen from whom also the Marquisses of Baden are descended and the Dukes of Teck whose lands are passed by marriage into the House of Wirtemberg P. That which you say is not out of controversie for a modern Author affirms confidently that the Archdukes of Austria and the Kings of France come both out of one and the same stock But because we desire