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 13. When the Caroline Family began to The Fall of the Caroline Race the Rise of the Kingdom of Germany under Otho 1. 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 and amongst them Otho the First King of Germany who having overcome Berengarius and reduced the Kingdom of Italy the Popes who could not trust to their States thought fit to put Otho in possession of the same Power 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 But then after many of those old German Kings had couragiously executed that Office upon 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 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 were by this kept under the Tutelage of the less-politick Germans 3. Besides it was very uneasie to the Vicar of J. C. to be any longer under the Guardianship of another whose fingers itched to be giving Laws to all Princes therefore for the shaking off this Yoke they 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 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 of the Popes which they had sought so many Ages and by such a variety of Arts to the embroiling 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 14. By all that has been said it will appear The Kingdom of Germany has not succeeded in the Roman Empire how childishly they are mistaken who think the Kingdom of Germany his succeeded in the 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 which was nothing but the Advousion and Protection of the See of Rome in length of time fixed its Name upon that Kingdom of Germany tho' the States of the Church in Italy never were united into one and the same Polity with the Kingdom of Germany much less did either Charles or Otho submit their proper 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 And the consequence of this was that Germany was afterwards call'd the Roman Empire by way of Honour but the different Coronations 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 is not one and the same with the ancient Roman Empire 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 15. But in the mean time the Title of the The Title of Roman Emperor damageable to Germany Empire of Rome is so far from being any advantage that it is manifest it has been the cause of great Mischief and Inconvenience to Germany Priests are alwaies ready to receive but never part with any thing and whereas all other Clients dispose their Masters to favour them by their Presents if a Priest be not fed with new Presents he presently snarles and imputes his Blessing as a wonderful Obligation I should think that the ancient Princes heaped their Bounties upon the Clergy of Germany principally because they were made believe God expected they should provide plentifully for that Order of Men. And what has been spent by Germans in Journies to Rome for the Imperial Crown What Treasures and Men have been consumed in Italick Expeditions in composing the Commotions stirr'd up by the Popes and in protecting them against refractory men that have attack'd them is not to be conceived Nor has any Foreigner got much by attacking Italy the Spaniards excepted who have stuck so many years in the Bowels of * The Author tho'a German pretends to be an Italian our Country that we have never yet been able to â—epell them Lastly no Princes were oftner fulminated by that See than the German Emperors nor was any of them more exercised by the frequent Seditions of the Churchmen than they the principal cause of all which misfortunes seem to have arisen from hence That they thought these Princes who had this Title from the See of Rome in which they took such pride were obliged by it above all other Men to promote the Affairs of that See Or otherwise because that Order of Men is above all others unwilling to be subject to the Soveraignty of another and with Mother-Church is ever seeking how to shake off the hated Secular Authority yet I would have this understood with Salva reverentia sanctissimae sedis a saving the Reverence and Respect due
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 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 p. 82. 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 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 CHAP. VI. Of the Form of the German Empire p. 135. 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 à 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 p. 155. 1. The Subjects of Humane Force Men and Things Husbandmen most wanted A vast Army may be easily levied in the Empire An account of the number of the Cities Towns and Villages in Germany The Inhabitants as warlike as numerous steddy and constant in their Humour 2. In the point of strength the Country first to be considered 3. That it is well stored with what will carry on a Trade its principal Commodities yet Germany wants Money 4. The Strength of the Empire compared with the Turks to whom a fourth part is equal 5. With Italy Denmark England Holland Spain Sweden and France 6. The Strength of Germany compared with its Neighbours united against her 7. Germany weak by reason of its irregular Form or Constitution Monarchy the best and most lasting Government wherein the Strength of a System of States consists the Leagues between Kings and Commonwealths seldom lasting 8. The Diseases of Germany The Princes and the Emperor distrust each other and the States are embroiled one with another 9. The Differences of Religion cause great Disturbances The Princes of Germany enter into Foreign and Domestick Leagues The want of Justice and of a common Treasure The Emulations and Contests between the Princes and States of Germany CHAP. VIII Of the German State-Interest p. 186. 1. The Remedies of these Diseases enquired into 2. The Remedies prescribed by Hippolitus à Lapide 3. His Six Rules Six Remedies 4. The Author 's own Remedies proposed The German State nearest to a System of States The Empire cannot be transferr'd to another Family 5. The Opinions of some great men concerning the different Religions in Germany 6. Contemt and Loss exasperate men greatly 7. The Tempers of the Lutherans and Calvinists of Germany and their Differences with each other 8. The Temper of the Roman Catholicks The Reason of inventing the Jesuite's Order 9. Some Considerations on the excessive Revenues of the Church in the Popish States Our Author pretends to be a Venetian 10. The Protestant Princes are well able to justifie what they have done with relation to the Revenues of the Church The Conclusion THE PRESENT STATE OF THE German Empire CHAP. I. Of the Origine of the German Empire GERMANY of old was bounded The ancient Bounds of Germany to the East by the Danube to the West by the Rhine towards Poland it had then the same bounds it has now and all the other parts were washed by the Ocean so that then under this Name Denmark Norway and Sweden were included with all the Countries to the Botner Sea which three Kingdoms were by most of the ancient Writers call'd by the name of Scandinavia But then I think the Countries on the East of that Bay were not rightly ascribed to or included in the bounds of the ancient Germany for the present Finlanders have a Tongue so different from that spoken by the Swedes and other Germans as clearly shews that Nation to be of another extraction To this I may add that what Tacitus writes of the Manners of the most Northern Germans will not all agree with the Customs of the Finlanders but is wonderfully agreeable to those of the Laplanders who to this day live much after the same manner It is probable therefore that the Finni mentioned by the Ancients were the Estoitlanders in Livonia Nor is it any wonder that Tacitus should not write very distinctly of this People they being then the most Northern Nation that was ever heard of and known only by an obscure Fame or general Report These Northern Countries have however for many Ages been under distinct Kings of their own so that Germany has been taken to
reach only to the Baltick Sea and even here the King of Denmark has deprived it of a considerable part of the Promontory of Jutland which he claims as a part of his Kingdom tho' it lieth on this side of the Sound or Mouth of the Baltick Sea But then by way of Reprisals she has enlarged her Borders to the The present Bounds South-East beyond the Danube to the Borders of Italy and Illyrica and beyond the Rhine to the West and North she has gained both the Alsatia's Lorrain and the 17 united Provinces which last were formerly called Gallia Belgica 2. This vast Tract of Land was in The ancient State of it those early times possessed by various Peoples and Nations who were much celebrated on the account of their numbers and valour yet each of them was under a distinct Regiment very different from that used by their Neighbours but then they had one common Original and the same Language and there was a great similitude in their Manners The greatest part of them were under popular Governments some had Kings but that were rather to perswade their Subjects by their Authority than to command them by the Soveraign Power for that Nation was never able to brook an Absolute Servitude This Ancient Germany was never reduced into one Empire or Kingdom wherein it was like the rest of her Neighbours Italy France Spain Greece and Britain before they were conquered by the Romans But then as Germany never was reduced by a Conquest so it retained more lively traces and marks of the Primitive State of Mankind which from separate and distinct Families by degrees united into larger Bodies or Kingdoms But then tho' The old German state dangerous weak this Independent Knot of States and small Kingdoms by reason of its freedom was very grateful to the Germans of those times yet it was absolutely necessary they should frequently be engaged in mutual and destructive Wars when they were so many and so small This again exposed them to the Invasions of their neighbour Nations though they were a warlike People because their scattered Forces were not united in one Empire for their defence Neither had the greatest part of these small States so much Politicks as in due time to unite in Leagues against the dangers of their potent Enemies but they perceived the Benefit of such a Concord when it was too late and they by fighting separately for their Liberty were one after another all conquered 3. The first that reduced Germany The Franks the first Conquerors of Germany of an unknown extraction from that ancient state were the Franks which Nation is of so controverted an Origine that it is not easie to determine whether it were of Gallick or of German extraction For tho' we should grant that all those Nations which the Greeks comprehended under the title of Celtae that is the Illyrians Germans Gauls Old Spaniards and Britains did as it were flow from the same Fountain yet it is very notorious they afterwards much differed each from the others in Language and Manners so that no man that is any thing versed in Antiquity can in the least doubt of it The foolish Pride of some of the Gauls occasioned this difference who being ignorant that many of the Gallick People in the first Ages had ambitiously boasted they were of Gâ—rman extraction did in the later times envy Germany the honour of having been the Mother of the Franks These men pretend that great multitudes of men out of Gaule invaded Germany in ancient but unknown times and passing beyond the Rhine possessed themselves of all the Countries upon the River Mayn to the Hercynian Forest and that after this they returned and conquering the Parts on the West of the Rhine recovered the possession of their ancient Country but so that a part of their Nation still inhabited on the Mayn and left their Name to that Country For the confirmation of this Opinion they cite Livy lib. 5. c. 134. Câ—sar de bello Gallico lib. 6. Tacitus de moribus â—ermanorum c. 28. 4 But to all this the Germans may The Franks were a Germ. People truly reply That the Testimony of these Latin Writers is not without just exceptions because they testifie very faintly of a thing which hapned long before their times and concerning a People too whose Antiquities were not preserved in any written Records Nor is it at all probable when the 1 Trebocci Alsatia the chief Towns of which were Breuco-magus Bruomat and Elcebus Schelstat Trebocci 2 Nemetes the Inhabitants of the Bishoprick of Speyr Nemetes 3 Vangiones the Inhabitants of Worms and Strasburg Vangiones 4 Treveri the Inhabitants of the Archbishoprick of Triers Treveri and some other People who in those times lived on the West side of the Rhine and yet owned themselves to be of German extraction That the Franks should on the contrary pass the Rhine and out of Gaul make a Conquest in Germany And yet after all though we should grant that the Franks were at first a Gallick Colony yet seeing they lived about 800 years in Germany and both in their Language and Customs differed from the Gauls and in both these agreed exactly with the Germans they are for that cause to be reckon'd amongst the German Nations This is certain in the mean time that till about CCC Years after Christ there is scarce any mention of the Franks made in any ancient History From hence there arose two very different Opinions whilst some believe those People who are by Tacitus call'd the 5 The Chauci were the Inhabitants of East-Friesland Groeningen Breme Lunenburg and Hamburg as they are placed by Ptolemy Chauci changed that name in after times and call'd themselves the Franks and others think that a number of German People or some parts of them united in this name and out of a vain affectation of Liberty took up the name of Franks for in the German Tongue Frank signifies free And to this purpose they produce the Testimonies of Francis I and Henry II Kings of France who in their Letters to the Diet of Germany say they are of German Extraction Tho' it is very well known at the same time to all wise men to what purposes such ancient and overworn Relations of Kindred are for the most part pretended 5. But however this be the Franks The Franks conquer Gaul now France and after it Germany for certain first passed the Rhine upon the Vbii or Inhabitants of the Archbishoprick of Cologne and after they had conquered the far greatest part of Gaul now call'd France turning as it were the course of their victorious Arms back again they conquered the greatest part of Germany and subdued all the Countries between the Mayn and the Danube and went Northward as far as Thuringia After this Charles the Great extended his Conquests much further by subduing the Saxons and Tassilon King of the Bavarians so
is plain the Authority of the Churchmen will thereby be reduced into a very narrow compass Add. Artic. 1. 19. Capit. Leopold 13. We proceed now to the Legislative The Legislative Power not in the Emperor Power That it may appear to whom this belongs we must consider by what Laws Germany is governed and how they were introduced Here the learned Hermannus Conringius has led the way in his learned Book De Origine Juris Germanici whom I shall very near wholly follow This Author takes great pains to confute the commonly-received Opinion That the Roman or Civil Law was in the year 1130 by the Command of Lotharius the Saxon then Emperor of Germany received both in the Schools and Courts of Justice Whereas he shews that to the XIII Century the Courts of Germany did not so much proceed upon any written Laws as upon ancient received Customs and upon Equity and good Conscience and the Judges for popular actions were not chosen on the account of any eminent Learning but rather ancient men well esteemed for Prudence Piety and Justice the far greatest part of the People being then not able to write or read In the XIII Century the Canon Law by slow degrees The Canon Law first introduced began to creep into Germany and not only that begun to be studied which concerns Church-Affairs but the Processes of Civil Affairs were regulated or formed by it though many stuck stifly to their own ancient Customs About the same time these The ancient German Customs after this set down in Writing Old Customs were also put in Writing amongst which the Laws of Lubeck are most esteemed and those of Magdeburg which in the German Tongue is call'd Weichbild the Mirror of the Saxon and Schwaben Law aad the Feudale Saxonicum Suevicum and these were very near all the Laws used in Germany in the XIII and XIV Centuries In the XV. Century the Civil or Roman The Civil Law introduced in the XV. Century Law and with it the Jus Feudale Longobardicum began also by degrees to creep in the Skilful in these Laws being often advanced to the Honour of being Counsellors to the Princes who took all opportunities to recommend their own Profession to the good Opinions of Men And it began thereupon to be taught in all the Universities of Germany and that after the manner of Italy which gave them the example After this when men that had studied it were call'd to the Bar it began by little and little to be received into the Court And in the year 1495 Maximilian I. appointed the Civil Law to be admitted and used in the Chamber of Spire but saving all the Ancient Customs and the Local Statutes of all places So that the Law now used in Germany is a Mixture of Civil Law Canon That at present In use is a mixture of Canon and Civil Laws and the old Customs Law Ancient Customs and the Statutes of the several Provinces and Cities which are very contrary one to the other And in all Courts this is observed That if there be any Provincial Statute or municipial Law extant concerning the Case depending that takes Place in the first place but if there be none then they have recourse to the Roman or Civil Law as far as it is commonly received The States of Germany in Particular Laws made by the several States the mean time are allowed to make Laws concerning Civil Causes in their respective Provinces which may differ if they think fit from the Common and Usual Law and that they shall enact Statutes for their own use without ever consulting the Emperor So they contain nothing in them prejudicial to the other States of Germany And although many of them have desired the Emperor to confirm their Provincial Statutes And they can also make particular Laws concerning Criminal Cases Nor is the Caroline Constitution in all points every where observed The States have also a Power to pardon Offenders But if any thing is to be introduced that shall bind all it The general Laws in the Diet. cannot be settled but in a Diet and by the Consent of all and when it is so passed it obligeth the Emperor as much as any of the other States Vide Artic. 2. Capit. Leopold 14. The Jurisdiction of Germany has been The forms of the German Jurisdiction in several Ages very differently managed in different times as is accurately set forth by Conringius in his Tract De Germanici Imperii Judiciis from whom I shall transcribe the principal Heads to save my own labour and I will begin with the Times of Charles the Great When any of the Royal Family had any Controversie either one with another or with any other it was determined in the Council of the Nobility and People as were also those Cases of the Nobility that were of great concernment The smaller Controversies the Nobility had were determin'd by the King or those he sent for so they were then called who are now call'd Commissioners Visitors or Delegates For the ending the Contests of others there were setled in the Hundreds and Districts certain Judges called Graves who had to assist them and sit with them others called Scabins chosen out of the Nobility or the better sort of the People and these heard and determined all Civil and Criminal Cases The Graves by reason of the greatness of their Hundreds had certain Deputies in every Village or as they call them Scultesio's like our Constables from whom yet there lay an Appeal to the Grave The Priests also punished the Vicious Lives of Christian Men by Canonical Censures The Bishops exercised a Jurisdiction over the Clergy and the Monks And the Bishop was also accountable to his Metropolitan or a Synod called by him though afterward Appeals to the Pope began to be made on the account of the Authority of that See yea the Cases of many Laymen were promiscuously referred to the Bishops upon an opinion of their Sanctity and Integrity But then the Judgment of the Church Revenues was not in the Clergy but in the Advocates or Vicedames which were particularly appointed by the Kings and so the persons of the Clergy were subject to the Judgment of the Clergy and their Revenues were subject to the Advocates Judgments who were Laymen From these fixed settled Judges they appealed to the King's Messengers who at certain times travelled over the Provinces like our itinerant Judges of Assize and from them to the King's Palace in which Appeals the King himself or the Count Palatine gave Judgment which last was also appointed to determine the Causes which arose in the Court But then they hardly admitted an Appeal but where the Grave or Messengers refused to administer Justice And all Cases were determined by a short and very plain Process and in a few Sessions or Hearings So that in all this form there was nothing wanting but an Appeal for the Clergy to the Pope who
command and govern as he pleased He that observes this one Mistake will be able by it to unravel and disbowel all his weak Arguments And yet besides this he mingles many other silly Fallacies of which I shall mention some few to expose his Folly To prove that the Soveraign Majesty is alwaies in the Princes he alledgeth That it is in them when the Imperial Throne is vacant But who knows not that In all other Kingdoms during the Interregnum the Soveraign Power returns into the hands of the People or of their Representatives the States which yet they can retain no longer than till they have made a new King Nor doth a man presently make every one his Master to whom he willingly gives an account of his Actions It is one thing to give an account to a Superiour who can punish me if I have not performed my Duty to his satisfaction and quite another thing to do it to one who expects it according to an Agreement to that purpose made between us and it is yet less when I do it to preserve my own Reputation and without any other Motive or Reason Thus Kings when they begin a War endeavour to satisfie all the World in the Justice of their Cause Thus one Companion or Partner gives the other and a Guardian gives the Pupil when he comes to Age an account of his Administration Nor is he anothers Master and Superiour who can remove him from his Office for that a man may by Compact and Agreement be preferred to the management of their common Concerns so that neither of these may have any direct and true Authority or Soveraignty over the other and so when he doth not please the other Party and for that cause is deposed or turn'd out of his Administration it has no other effect or cause than the breaking off the Bargain made with him because he has not performed his part of the Contract and satisfied the Conditions of the Covenant And yet perhaps a man might doubt whether all that was done in the Cases of Henry IV. and Adolph of Nassaw were legally and regularly done but that it is notorious the Reverend Bishops of those Ages were the principal Agents in those Affairs What he so largely argues from the Power of the Diet are true as to the matter of Fact but nothing to his purpose for which he alledgeth them for though the Emperor can in truth do nothing against the Consent of the States yet I think it is as true that no man ever heard the States pretended to do any thing without the Consent of the Emperor The Electors in their Capitular do prescribe to the Emperor what he shall and what he shall not do not by force of any Authority they have or pretend to have over him but by way of Contract So that if the Emperor should pretend to enjoin any thing contrary to his Covenants with them they may safely and lawfully not obey him in those Instances But then this springs from the nature of all Contracts and not from any Authority the Electors have over the Emperor That is more probable yet that he alledgeth from Ancient Custom and the Golden Bull viz. That if the Emperor should happen to be complained of in certain particulars he shall be bound to answer the Complaint before the Count Palatine of the Rhine And it is well known that the Three Spiritual Electors cited Albert I. Emperor before Rudolph Count Palatine to plead his Cause and defend himself but then when they had so great a Criminal to contest with they relied more on their Swords and Armies than on their Counsel or Judge But then since the Date of the Golden Bull there is not one Example to be found of any such Suit commenc'd against the Emperor that I have read of The Rise of that Authority which the Count Palatine has did without doubt spring from his Office which in ancient time as Mayor of the Palace he exercised in the King's Court For as he exercised a real Jurisdiction over the other Courtiers so if any thing was demanded of the King which was doubted of it was wont to be referr'd to the Examination of the Count Palatine to whose Sentence the King stood not because he owned the Count who was his Servant and Subject for his Superior but because when he once knew the Petitioner had Right to what he asked it was beneath a King to do him wrong As we have known many Princes in Germany and elsewhere who when they doubted of any Debt demanded of them have answered the Claim in their own Courts And yet it is not to be supposed that these Courts have any Authority over their Princes or could force them to pay those Debts if the Reverence they bear to Justice the Publick and their own Private Conscience and the desire they naturally have to preserve a good Reputation in the World did not much more powerfully move them to pay them than the Authority of these Courts which are managed by their Subjects and Servants And I believe the States of Germany think they are happy enough in this Priviledge That the Emperor can exact nothing of them against their wills and that the Wisest of them would disclaim the Invidious Liberty of commanding their own Emperor 8. Doubtless the Emperor would with The Arguments of those that pretend it is a Limited Monarchy answered great facility compound the Dispute with our Hippolitus and obtain his Leave to continue a Prince still and not be reduced by him to the mean condition of a Subject But they are not so easily baffled who allow the Emperor to be a Soveraign but Limited King and ascribe unto the States great Liberties but tempered too by Laws and so place Germany in the List of Limited Monarchies for as for those who prate of mixed forms of Government they can never disintangle themselves from the Objections brought against them for that not only all kinds of mixture can produce nothing at last but a monstrous deformed Government but it is also certain none of the Notions of that kind will at all fit Germany in which the whole Supreme Power is not undividedly in the hands of many nor are the Parts of it divided between divers Persons or Colleges here But to return to our former Monarchists They pretend that the Capitulars made with the Emperors when they are chosen are not at all inconsistent with the nature of a Limited Monarchy as for instance That he is bound to administer the Government according to the Fundamental Laws and to require the Consent of the States in their Diet for those things that are of the greatest moment That he cannot enact new Laws without their Consent nor change any thing in the matters of Religion nor make War or Peace or enter Leagues without the Approbation of his Subjects That he must determine their Controversies in certain known Courts and by Stated Laws and Methods And whereas the Princes
the Hellespont into Asia from whence they first came if the French King who began the present War by his Arts had not to prevent their utter ruine in the year 1688 began as destructive a War on the other side of the German Empire which will in all probability force the Emperor to sit down contented with Hungary Transylvania Wallachia Servia and Bosnia and leave the Turks in the Possession of Bulgaria Thrace and Macedonia and a part of Albania and Dalmatia but much sunk in Courage Reputation Strength and Wealth so that he is never likely to recover his Loss again 5. Italy is very much inferiour to Germany Germany compared with Italy both as to Men and Wealth and being divided into many small impuissant States is not in a condition to offer any Violence to its neighbour Nations so that the Italians are very well pleased if the Emperor will but sit down with the loss of his ancient Pretences to their Country especially now that the Pope's Thunderbolts which heretofore were very dreadful are now for want of the former Zeal become weak and contemptible Nor is Poland in a condition And Poland to compare her self in any respect with Germany and seeing the Interest of the Polish State is rather to defend what they have than to make any Conquests upon their Neighbours and that the Necessity of the German Affairs must needs teach them the selfsame modesty There can hardly be supposed any Case in which the German Princes can be tempted to make a War upon Poland except any of the Emperors should intermeddle with their private internal Quarrels and Civil Wars The Danes were never yet in a With the Danes condition to subdue their neighbour Hamburgers much less are they able to attack the Forces of all Germany who tremble at every motion of the Swedes The Germans are nothing concerned to see the English Masters of her own Ocean and as it were folly in the English to attempt With England the subduing the Continent so the Germans have no Naval Forces that can dispute their Soveraignty of the Ocean or ought at all to be compared with the English Royal Navies The United States of With the Hollanders Holland have neither Will nor Power to attempt any thing against the Empire of Germany for these Water-Rats are altogether unfit for Land-service and although they have Money in abundance yet it is not for the Security of their own Liberty to maintain too great a Land-Army So that they are well pleased if the Germans will but suffer them to enjoy the Forts and Cities they have taken and garrison'd to defend themselves from the Spaniards though belonging to the Empire These Towns belonged to the Dukedoms An Addition of Cleves and Juliers and to the Archbishoprick of Cologne and were all taken by the French in the year 1672 and in the Treaty of Nimmegen restored all to their proper Owners except Maestriect which yet belongs rather to the Spaniards than the German Empire which having happened since our Author wrote was here to be taken notice of The Spaniards With Spain have no Territories which border upon Germany which are worthy to be compared with it and Spain it self is so very remote and her Forces so exhausted that she is not able to reconquer the small Kingdom of Portugal Even Charles V. when Spain was in the height of all its Glory and Power though Master of it and all the Austrian Dominions and Emperor of Germany too yet after all he was not able to oppress the rest of Germany As to Sweden though you consider all those With Sweden Provinces she has conquered on the South side of the Baltick Sea yet she is not to be compared to Germany in Men or Monies For whereas some men have been so much mis-led on the account of the old Proverb which called Scandinavia now Sweden Vagina Gentium the Sheath of Nations and on the score also of the late great Victories obtained by the Swedes in Germany under the Conduct of Gustavus Adolphus their King as to think it is superiour or at least equal to Germany in Men yet wise men do very well see and understand the true Reasons of those great Successes and that they proceeded neither from the Numbers nor extraordinary Valour of the Swedes for in the space of Eighteen years there was not brought over out of Sweden into Germany above Seventy thousand men the far greatest part of which returned back again and yet during that War there was scarce ever less than an Hundred thousand men of the Germans in pay so that the true cause of that wonderful Progress was the Discord of the Germans the opportunity of the Times which favoured the Swedes and because all the Protestants being oppressed ☞ by the Austrians looked upon Gustavus Adolphus as a Deliverer sent to them for their Preservation from Heaven But as to the now most flourishing Kingdom of France we may with greater probability With France doubt whether it be not a Match for Germany and yet if the Forces of both Nations be well considered without their Advantages or Weaknesses France being the stronger for being a regular Kingdom and Germany the weaker for being a knot of Independent States Germany is certainly the strongest of the two for 1. It is much greater than France and though we should suppose it only equal to France in point of Fertility yet even then it would excell France as to its Minerals 2. It has more Men than France and the Germans have on many occasions proved themselves the better Souldiers of the two 3. As to the quantity of Money it is very difficult to determine on which side the Advantage lieth for it is not to be guessed how much Gold the present King of France has squeezed out of the old Horseleaches of his Kingdom and how much he has encreased his Revenues which is not to be taken into consideration without wonder But then at the same time it is to be observed that the People of France are much more harass'd oppress'd and ruin'd by their excessive Taxes than the People of Germany are and that all the Wealth of France runs in one Channel whereas in Germany it is divided amongst many Princes and so it will not so easily be computed or estimated as it might if it were paid all into one Prince Since An Addition this Author wrote there have been two Wars between Germany and France and the second is now depending In the first the Germans were ever too hard for the French whilst they fought them in the Field but the French drawing on the War the Germans were at last worsted for want of Money and much more worsted in the Treaty and after it by the Treachery of the French But now the Turks are reduced to such an ebb and all Christendome is united against France so that all their Trade is cut off The Germans have
expences and dispatch business the more quickly there ought to be a new and more certain form of Proceedings thought of But then it doth not seem very probable that the Family of Austria will suffer such a Council to be introduced because they will ever labour to keep their Power above controul Nor will the The Empire cannot be transferred to another Family Present State of Germany permit the transferring the Imperial Dignity into another House as long as there is any Male in that of Austria therefore their Modesty is to be wrought on to perswade them to be content with their present Grandeur and not to labour to establish a Soveraign Authority over the rest of the States and Princes and it will become the Princes manfully and with united Hands and Hearts to oppose and resist all such Encroachments which tend to their prejudice and in the first place to take care that none may league with one another or with the Princes of the Empire against any of the Members of it and if they do so to render all such Combinations ineffectual and if any Princes have any Controversie with each other to take all the Care is possible that Germany may not be by that means involved in a War But in the first place Care ought to be taken that Foreigners may not intermeddle with the Affairs of Germany nor possess themselves of the least Particle of it to that end all waies that are possible are to be considered that they that border on Germany may not have the opportunity of enlarging their Kingdoms which they so passionately desire by ravishing its Provinces from it one after another till their Conquests like a Gangreen creep into the very Bowels of the Empire If any thing of this nature happen to be attempted let Germany presently take the Alarm provide her Defences and seek the Alliance and Assistance of those whose Interest it is to keep any one Kingdom from mounting to too great and exorbitant a Power and then as long as Germany is contented with the defending what is her own she will have no need to maintain any very numerous Armies yet she ought in due time to concert the Numbers that every one shall send in case of necessity And Germany may from her Neighbour the Swedes learn the methods of maintaining an Army in the times of Peace with small Expence which yet shall be ready when occasion serves at short warning to draw into the Field for her defence 5. Now it were very easie for wise and The Opinions of some great men concerning the different Religions in Germany good men to find out all I have said and all besides which can be necessary for the Safety of Germany if they pleased calmly to apply their minds to it who have the chief hand in the Government But then seeing the greatest part of the World think the Differences of Religion the principal Causes of the Distraction and Division of the Empire it will well become the Liberty I have taken in this piece to shew what wise men have said of this thing in my company for I am not so well acquainted with Church-affairs as to interpose my own Judgment and therefore I think it will be less liable to Exception to represent the Thoughts of others than my own which I submit c. When I was once at Cologne with the most Reverend and Illustrious Nancio of the Holy See to pay him my respects I happened to say That I could not understand the true reason of the great Dissentions in Germany on the Subject of Religion whereas in Holland where I had lately been there was no such thing and yet there men had the utmost liberty to think and believe as they themselves pleased for there every man was intent upon his own Trade and Business and not at all concern'd of what Religion his Neighbour was Upon this an Illustrious Person who had spent a great part of his Life in the Courts of several Princes but was now retired to live a very private life begged the Nuncīo's Leave to speak his own mind freely which being granted Since said he that travelling Gentleman has mentioned a thing I have very long and seriously thought on I will now discover what I take to be the most probable cause of this thing we being now at good leisure and I am well resolved not to approve my own former Thoughts on this Affair if your Eminence should happen to dislike them After this beginning at a distance from our present times he shewed how many Heresies had from the beginning afflicted and distracted the Church of Christ the greatest part of which in process of time vanished of their own accord but then there had hardly happened any Schism that had spread so far and ruin'd so many private Families and whole Kingdoms as this which in the last Century arose here in Germany and was occasion'd by some few Doctors of that Nation There were great Wits on both sides and they contended against each other with the most furious Passions and to this day there is not the least hope of putting an end to this Quarrel It is to no purpose to enquire into the secret causes of this Affait as far as Fate or Providence are concern'd but it will not misbecome my Profession to discourse of the Nature and Temper of Mankind 6. It is saith he apparent that two Contempt and Loss exasperates men greatly things above all others exasperate and enrage the Minds of Men Contempt and Loss As to the first of these I would not be understood here to speak of that Contempt by which the Reputation and Good Name of a Man is directly oppressed and trodden under foot but of that which every ordinary man thinks is thrown upon him when another shall but presume to differ from him in any thing for the Minds of Men are generally infected with this foolish and unreasonable Distemper And it is hateful to them to find another disposed not only to contradict but even to disagree with them in any thing for he that doth not presently consent to what another saith doth tacitely accuse him of being as to that particular in an Error and he that differeth in many things from any man seems to insinuate that he is a Fool. This Disease haunts the sedentary part of Mankind above all others who are educated in the Schools and wholly taken up with solitary Speculations and consequently not overwell acquainted with the World He that shall not reverence all this melancholy man has embraced as an Oracle is presently his deadly Enemy Nor was the War between the Romans and Carthaginians for the Empire of the World managed with greater heat than that which we have seen between some of the Learned World about some few Syllables or small Distinctions An equal nay a greater Fury has taken possession of the Church-men the Nuncio having in the beginning of his Discourse promised him the utmost