of Brandenbourg and widow to Christopher the last King of Denmark That Prince having Reigned happily 33. years in Denmark 32. in Norway and 25. in Sweden dyed afterwards A. D. 1482. leaving two sons who succeeded him in this manner John his eldest was King of those three Kingdoms after his Father and gave his brother Frederick the moyety of his Hereditary lands Then having reigned peaceably he dyed A. D. 1513. leaving his son Christian II. to be his Successor That Prince was born A. D. 1481. and married Isabel sister to the Emperor Charles V. by whom he had Dorothy Electoress of Brandenbourg Christina Dutchess of Milan and afterwards of Lorraine and John who dyed bearing arms under the Emperor Charles his Unkle by the Mothers side in the year 1532. Christiern otherwise Christian II. forsook the way of his Father and Grandfather and became so cruel a Tyrant that the Swedes drove him out of their Countrey and placed upon the Throne Gustavus Vasc son to Erick a Swedish Knight A. D. 1523. And nine years after the Danes cast him in prison where he ended his dayes in five more P. Men seem to be of a worse condition then beasts inasmuch as Eagles do not ingender pigeons nor Lions Stags yet Heroical persons rarely beget their like The greatest men are subject to the misfortune of seeing their children unworthy to succeed them But what came to pass after the imprisonment of Christiern G. We will speak in another place of what followed in Sweden In Denmark the Nobility had an honourable memory and high esteem of the virtues of Christian I. and of Iohn wherefore instead of the Tyrant who was prisoner at Sunderbourg they placed Frederick his Unkle by the Fathers side upon the Throne who was very aged and yet he introduced the Doctrine of Luther into Denmark and his own hereditary Principalities That Frederick was the first Duke of Holstein which is held in Fee of the Empire as Schleswick is of Denmark but neither he nor his son Christian III. durst send any body to the Diets fearing they should be but ill used for having assumed the place of a brother-in-law to two Emperors P. It may be those Princes not daring to send their Deputies to the Diets lost the Rank they held there G. Frederick I. of that name King of Denmark was Duke of Holstein before he came to the Crown yet I cannot tell whether he had taken place in the Assemblies of the Empire But to pursue the discourse we have begun that Prince left two sons the elder of whom was King after him by the name of Christian III. and Adolph his younger son Duke of Holstein They had both children from whom all the Princes of this House are descended For Christian was Father to King Frederick II. and to Iohn the younger and Adolph to Iohn Adolph and to Frederick Archbishop of Bremen and Bishop of Lubeck P. I pray draw out this Genealogy a little more at length G. Frederick II. husband to Sophia daughter to Vlrick Duke of Meklebourg had one son and four daughters very worthy of your knowledge For as much as Elizabeth the eldest was married to Henry Iulius Duke of Brunswick Anne to Iames VI. King of Scotland who afterwards got all Great Britain by the death and Testament of Elizabeth Queen of England Augusta to Iohn Adolph Duke of Holstein and Hedwig to Christian II. Elector of Saxony His Son and Successor to the Crown was Christian IV. a great King both in time of peace and war That Prince who admiring the worth of Henry the Great King of France made him his pattern in every thing and had at the least as many sons as he as well Legitimate as Natural But there remains no more of the lawfully begotten then his Successor Frederick III. who hath already many children and may have more P. This King is esteemed throughout all Europe for a knowing Prince and one that sets a value upon good men Let us see the Descendents of Iohn the younger G. That Prince was even goodness it self and God blessed him exceedingly for he had 23. children by Elizabeth Dutchess of Brunswick and Agnes Hedwig Princess of Anhalt his wives Two of those Princes dyed in Hungary one at the illustrious Colledge of Tubing two departed in their infancy and four lived to be married who are fathers of many Lords either residing at Sunderbourg Nortbourg Glugsbourg and Plone or else seeking their fortune in the Wars The daughters were thus married the eldest to a Duke of Lignitz three of the youngest to three Dukes of Pomerania Anne Sabina to a Duke of Wirtemberg Eleonor Sophia to a Prince of Anhalt and Margaret to John Count of Nassau The rest dyed in their Cradle except Eleonor who is still unmarried and leads an exemplary life she is 67. years old yet very lovely for her age and worthy to be visited by Kings for she hath a marvellous way of entertaining those Princes and Ladies that do her the honour to see her And I can assure you I never saw better sweet-meats served any where then at her house nor strangers received with greater civility P. Tell me I pray a little more particularly who are the Descendents of John the younger brother to King Frederick II. G. Alexander his eldest son had six sons whereof the eldest married a Countess of Delmenhorst and at his death left one son and two daughters by her Frederick Philip and Joachim Ernest brethren to Alexander are yet living the first hath three sons and as many daughters the second hath but two sons alive five Princesses married and one to marry the third hath four Princes two whereof have command in the King of Spains service and three Princesses still maids all beautiful and witty and brought up in the School of a Father inferior to none in the Empire for prudence and of a Mother that hath but few equals in all kind of vertues P. Do not forget the Descendents of Adolph younger brother to Christian III. of that name G. Adolph had many sons that dyed young one that was Archbishop of Bremen and John Adolph his eldest married Augusta daughter to Frederick II. King of Denmark These two had issue John Bishop of Lubeck a comely and liberal Prince who dying left his son John Augustus still very young but pretty and exceeding hopeful Frederick this Bishops elder brother hath the moyety of the Dutchies of Schleswick Holstein Stormar and Dithmarsh and takes turns with the King of Denmark in the administration of Justice in having place and voice in the Assemblies of the Empire and in all other Rights of Regality This Prince great in knowledge and magnanimity hath for a partner in his bed and felicity Mary Elizabeth daughter to John George Elector of Saxony by whom he hath still living three sons and five daughters four whereof are married to John Prince of Anhalt Gustavus Adolph Duke of Meklebourg Lewis Landgrave of Darmstadt and Charles Gustavus
and tell me when it obtained the quality of Count and lastly of Prince G. The Counts of East-Friseland and those of Oldenbourg did always maintain great feuds and emulations between one another till the year 1656. At which time Antony Gunther dying without issue lawfully begotten left the King of Denmark and the Duke of Holstein for his Successors And I believe the cause of that mis-understanding might proceed from hence That Mary of Jeuer being married to Eno Count of East-Friseland and having children by him did yet make John Count of Oldenbourg her heir and again that the Counts of East-Friseland being less ancient then those of Oldenbourg are as rich as well or better allied then they and do also exercise Soverain Justice over their Subjects P. I know the Counts of Oldenbourg are the ancienter But when did those of East-Friseland begin G. Vlrick Sirxena Lord of Gietziel and other lands was made Count of East-Friseland by the Emperor Frederick III. A. D. 1454. That Lord married Folca who brought him in Dowry the Lordships of Escui and Stetendorf Of that marriage came Edzar l. of that name Father of Eno who married Mary of Ieuer by whom he had Edzar II. That Count aspired higher then his Predecessors and took to wife Catherine daughter to Gustavus I. King of Sweden of whom he begat Iohn from whom the Counts of Ritberg are descended and Eno II. who married Anne daughter to Adolph Duke of Holstein by whom he had Vlrick husband to Iuliana daughter to Lewis Landgrave of Hesse Darmstadt This Princess remains a Widow and makes it her business to bring up her children well of whom Edzar Ferdinand is still travelling abroad George Christian is at home with her and Eno Lewis her eldest son having continued some time at the Imperial Court was there made Counsellor to the Emperor and Gentleman of his Chamber Afterward in the year 1653 he was raised unto the rank and dignity of Prince by the Emperor Ferdinand III. at the Diet of Ratisbon This Prince was contracted to Henrittta daughter to Frederick Henry of Nassau Prince of Orange while they were both children but the parties not liking one another the Artitles of marriage were broken and Eno Lewis married Iustina Sophia Countess of Barly November 7. 1656. I am told for certain that this Prince hath 150000. Crowns Revenue and thereby is well enabled to maintain the quality he bears which is annext to the eldest alone the other being no more then Counts and having no part in the Countrey P. We are at length arrived to the end of this journey Let us rest a while and afterwards we will take a view of the Ecclesiastical Princes G. I am content and shall in the mean time prepare my self to tell you how the Ecclesiastical Princes live in Germany how many they are what order of place they observe in the Assemblies by whom and how they were raised to their dignity to what Jurisdiction they are subject and all other necessary things that shall come into my head The end of the Fifth Dialogue Dialogue VI. Of the Ecclesiastical Princes of the Empire P. THe Princes Ecclesiastical hold the first rank in the Empire and you place them after the Seculars but it matters not much since it is neither for want of respect nor of knowing their due place Well then let us see whether the Empire be as venerable by the Mitres of its Prelates as it is formidable by the Sword of its Souldiers G. There is never a Countrey in Christendom where Prelates have so much power as in Germany They are almost all Great Princes and as absolute over the Temporalty of their Benefices as a Secular Elector is over his Lands These riches are now and then misapplied to bad uses and the debauches made by Church-men their great Train the dogs the horses they maintain the Jesters they keep for their pleasure and their dissolute life obliged our Predecessors to upbraid them with it and allow us to believe that they gave occasion to Doctor Luther to preach against their Doctrine as well as their evil conversation Yet still it is often seen that the same Prelate possesseth two three nay a greater number of huge Benefices of the Empire and spends the Revenue thereof without any scruple of conscience in worldly pomp continual debauches and other things unworthy of their rank and profession P. These Princes give themselves but little if at all to their studies misusing their riches and think it beneath their greatness to preach the word of God and do other Ecclesiastical functions But they do not all live alike G. Whatever is spoken against ungodly persons doth nothing concern the truly religious There are Prelates of sundry conditions and different humors some are voluptuous and others chast some love nothing but dogs and bouffons others make much of worthy persons Heretofore besides the three Ecclesiastical Electors there were five Archbishops and thirty Bishops that had seat and voice in the Assemblies of the Empire At this time there are not so many because the Archbishopricks of Magdebourg Bremen and Riga and the Bishopricks of Halberstad Minden and Verden have been changed into Secular Principalities as those also of Besanson Verdun Mets and Toul were dismembred from the Empire and inseparably united to the Lands of Spain and France by the last Treaty of Peace And those of Valesia Losanna and Chur have been abolished by the Suisses So that at present there is none but Saltzbourg that holds the rank of Archbishop in the Colledge of the Princes and about twenty Bishops P. The German Church must without question have lost very much by the last Treaty of Peace where three Archbishopricks and six Bishopricks were Secularized G. Riga was cut off from the Empire before and all those other Benefices were in the power of the Lutherans who had no mind to let them slip out of their fingers And so methinks the generality of the Protestant Princes hath lost more by this Treaty then the German Church seeing the Princes have now no more means to provide for their younger brethren as they had before For in real truth the Elector of Saxony had Magdebourg the King of Denmark Bremen and some other Lords the Bishopricks whereof we have last made mention P. The King of Spain having the Archbishopricks of Besanson and Cambray in his possession there is little likelyhood that those Archbishops should come to the Diets of the Empire G. I do not know whether those Prelates have lost the right they had to sit in the Assemblies of the Empire but it is certain that Cambray doth not challenge the place of an Archbishoprick there though it have gotten that name amongst the Prelates of the Low Countreys by the augmentation of Bishopricks in Flanders which King Philip II. made in the beginning of his Reign That Prelate keeps his ancient title and always qualifies himself Duke of Cambray Count of Cambresis and Prince of the
and those Lords prefer it before all other titles P. I do not think there be many Landgraves G. There is none but the House of Hesse that takes its chief title from thence The Landgraveship of Alsatia was transferred to the King of France by the Treaty of Munster that of Leuchtemberg to the House of Bavaria by the marriage of Duke Albert with Matildis heiress of that Principality that of Thuringia belongs to the Duke of Saxony that of Sausemberg to the Marquiss of Baden and that of Nollembourg to the House of Austria Besides these Landgraveships the Counts of Furstemberg take upon them the quality of Landgraves of Stillinguen and Bath and those of Sultz are styled Landgraves of Klegeu But these two last prefer the title of Count before that of Landgrave from whence you may judge that the Landgraves are not all Princes P. I conceive there is no Landgrave nor Burgrave but in Germany and strangers know not those names in their own Countreys G. Certainly there is no Landgraveship out of Germany but some think that Burgrave is that which Forainers call Viscounts or Viguiers I refer my self to the truth in this case and shall only tell you that they who fansie and take delight in Quaternions say there be four of them in Germany to wit of Nuremberg Magdebourg Strombourg and Reinek The two last whereof are no longer acknowledged for such For Strombourg is a Castle situate between Simeren and Creisenach which belongs to the Elector Palatine and Reinek is fallen to the inheritance of the Counts of Issembourg The Elector of Brandenbourg doth still bear the title of Burgrave of Nuremberg though Frederick V. of that name who was made Elector on St. Johns Eve A. D. 1417. sold unto the Burgers of Nuremberg the Castle which he had in that City and some Villages and Forests with the right of the Schultets or Aldermen for 240000. Florins reserving to himself the name and some rights That of Magdebourg belongs to the Elector of Saxony who bears the title thereof and the Arms which are a Demy-Eagle Argent in a Field Gules There are some other Burgraves as those of Kirchemberg Donau and Fridberg but they are not equal to the former P. Are the Archdukes ancient G. That name was unknown before the time of Frederick III. and I think Maximiliaâ— of Austria was the first that bore it And all the world affords no Archdukes but those of Austria As to the cause for which those Princes took up that glorious title I judge that the Emperors of that House seeing their Family arrived to the highest degree of power and dignity were desirous that it should have a peculiar name to it self and for that reason they would never communicate it to any one else though they have been entreated so to do very often and very earnestly Now the word signifies Prince or chief of Dukes as that of Archbishop signifies Prince or chief of Bishops But I do not see that the Archdukes have any Suffragan Dukes as the Archbishops who have Bishops under them P. I do not believe that the Archdukes pretend to have any Dukes their Suffragans but only to shew by that title that there is as much difference between them and other Dukes as there is between an Archbishop and a Bishop Tell me something of the Dukes G. The title of Duke is very ancient but it hath not alwayes been so considerable as it is now The Romans honoured their chief Officers of war with that name because they led on the souldiers to the battel After that and in process of time the state of affairs obliging the Emperors to have Officers of quality and long experience in war to guard the Frontier Provinces they sent some of their Dukes thither P. The Emperors did not appoint Dukes only for the Government of Frontier provinces seeing those that ly in the midst of the Empire are honoured also with the title of Dukedom G. The first Governor that bore the quality of Duke was he of the Marches of Rhetia a Countrey betwixt Germany and Italy which at this time we call the Grisons To that Province the Emperors sent a Duke to withstand the Germans who oftentimes endeavoured to make irruptions into Italy through that passage since which several Governors as well of other Provinces in the Empire as those on the Borders have had the same honour because it was thought necessary to send garrisons into those parts to keep the People in obedience and also by that means to provide an honourable entertainment for those Lords that had served well in the wars But as nothing is enough for ambition those Governors in the end made themselves masters of the Provinces which they had in charge And so the Dukes grew great by the diminution and enfeebling of their Head as the Marquisses Landgraves Burgraves and Counts in like manner did The word Duke is borrowed from the Latin Ducere as Hertzog in Dutch from words that signify a Conductor of an Army P. Are all Dukes of the same condition G. There is not one in Germany but is a prince and allied to Kings those of other Countreys are not so And whether you consider their antiquity or cast your eye upon their estates Alliances and manner of living they ought certainly to be preferred before those of Spain France and England and to be ranked equally with the greatest of Italy P. I know that in France the ancient Dukedoms have been united to the Crown that in Spain the proud Morisco humour gave the title of a Kingdom to the lands that are not worth a good County and that in England there is never an ancient Duke But before we enter upon a particular consideration of the Counts of the Empire I pray tell me whether the Dukes were alwayes greater and more illustrious then the Counts C We have seen already that the ancients called them Duces that led on souldiers to the battel and Comites those that were taken out of the Emperors Court to administer Justice to the Subjects of the Empire A little after the nature of those employments were altered and the Dukes became Generals of Armies or Governors of Provinces and the Counts chief Justices in the Cities and Provinces of the Empire And both of them made themselves Masters of the lands whereof they were Judges or Governors All those Lords assisted the Emperor in the beginning some at the Councel-board and others in the field all of them performing useful and beneficial service to the State Nay I believe without regarding the title either of Duke or Count the Emperors employed those Lords indifferently in the Palace or in the Armies so that it is hard to judge whether title was the more honourable Yet it is to be observed that there were some Counts by Office and others by Dignity that the former sort were raised to places of authority without regard had to their birth and the others were equal or very little
Spain and Italy that are so magnificent and send forth so many excellent personages As to your question I shall tell you that in the Empire every Prince Count and Lord hath within his own Lands High Middle and Low Justice which in some Principalities passes a definitive sentence without Appeal and in others unto a certain sum above which they may appeal to the Imperial Chamber P. I know that every Lord administers Justice to his own subjects within his Territories but I would learn of you where addresses were made heretofore and where they are made now to obtain right against Illustrious persons as well touching Ecclesiastical as Secular affairs G. In the time of Charlemagne and some of his Successors the Bishops and Officers of the Crown joyntly with the Emperor decided all Ecclesiastical causes The Prelates Counts and other persons of quality were convented at the first instance before the Imperial Court the Secular Princes could not be judged but in the Diets where the Emperor presides If there were any complaints to be made against the administrations of the Emperors it was done in the same Assemblies and when the matter deserved it they might depose them but only with the general consent of all those that had right to sit there So it happened to Lewis the Debonaire in the year 838. to Charles the Grosse 887. and some ages after to Henry IV. Otho IV. and Frederick II. P. I remember you have said somewhere else that the Electors only have the right of choosing and deposing the Emperors G. Things here below do never continue in the same state and the Electors being arrived to a very great power assumed to themselves alone the authority of Electing and deposing the Emperors though in the beginning it were not so But all dignities run in the same strain Popes heretofore acknowledged they held their greatness of the liberality of Pepin and Charlemagne yet a little after the death of the latter they lifted up their hornes Gregory IV. would have excommunicated Lewis the Debonaire Nicholas I. would have done as much to the Emperor Lotharius and Adrian to Charles the Bald and they had done it if they had not found the Clergy and People resolved to oppose their unjust proceedings But in process of time Gregory VII surpassed all his Predecessors in resolution and finding a good game put into his hands by the ill will of the Emperors Subjects towards their Soverain he excommunicated Henry IV. and afterwards by the same presumption Henry V. Frederick I. Philip Frederick II. and Lewis V. were excommunicated by the Popes P. We have seen elsewhere that the Counts administred Justice to the People within the Provinces and that appeals might be made from their sentence to the Count Palatine So that I have nothing more to enquire after but when why the Parliament of the Empire became fixt and sedentary how many Judges there be of what matters they take cognizance G. Law-shits growing numerous in proportion to the malice of men the Court of the Empire was alwayes full of Clients For which cause Maximilian I. having compassion on them and desiring to spare both their labour and money setled a sedentary Parliament at Worms or at Francfort in the year 1495. which was soon after removed to Spire and cannot be withdrawn from thence but by the consent of all the Estates except in time of Plague or War The Assessors were but 16. at the first but the number of them hath been encreased to 50 who are nominated by the Head and the principal Members of the Empire The Emperor names the Judge and four of the principall Officers The Judge ought to be a Prince or Count and well skilled in the Civil and Municipal Laws Every Elector names one Assessor and all therest are preferred to that employment by the Circles All these personages ought to be Gentlemen or Doctors and as they that name them are Catholiques or protestants so are the Assessors of different Religions and judge of all cases that are in the power of the Emperor P. Doth all the Empire make application to this Parliament for justice G. All appeals go thither but at the first instance none go but priviledged persons and they too as seldom as they can the greatest part taking Arbitrators to determine their differences for as much as justice is so very slowly administred there as well because there is no other place of Judicature in all the Empire but this Parliament and that of the Imperial Court as also because there is such an infinite number of old suits to dispatch P. I find in History that many Controversies of great importance wherein Princes were the parties have been judged by the Emperors without taking the advice of that Parliament nay without summoning the parties to the Diets G. The first of a Family that gets upon the Throne cannot have so little authority but he esteems it great and when Princes of the same House bear the Sceptre for a long time together the greatest authority seems but little to them From hence it comes to pass that the present Emperors do no more take or expect the consent of the Estates when they have a mind to act or determine against the Princes Charles V. did alone proscribe and by his own authority condemn Iohn Frederick Elector of Saxony and Philip Landgrave of Hesse The same Emperor did alone decide the controversie between the same Landgrave and the Count of Nassau Rodolph II. took upon himself alone the cognizance of the difference that happened betwixt the Pretenders to the Dutchies of Iâ—liers Cleve and Berg. Matthias rejected the claim and request of the Landgrave Mâ—rice who at the Diet of Ratisbon in the year 1613. prayed his Majesty to allow him Princes for his Judges in the cause between him and the Landgrave Lewis his Cousin And Ferdinand II. did alone decide the business between George Frederick Marquiss of Baden and the heirs of Edward Fortunatus So that matters of great weight are no more decided either at Spire or in the Imperial Diets but of right they ought to be decided there P. Let us see if you please to what Justice Church-men are subject G. Their Principalities are subject to the Justice of the Emperors and their persons and Dignities did heretofore acknowledge none but the Pope but now it is otherwise For although since the time of Frederick II. till the last age no Emperor durst undertake to depose a Bishop and many Popes have attempted it and brought it to pass with ease yet Charles V. and his Successors seem to have resumed their power When that incomparable Prince had proscribed John Bishop of Hildesheim the Pope Paul III. exprest his displeasure by protesting against it but it was answered that it belonged neither to him nor the See of Rome to judge of the validity or invalidity of the Imperial Edict or Proclamation called the Ban and that the Emperor did not care a straw for
the sentence which the Pope had given for the re-establishment of the foresaid Bishop The same Emperor deposed Herman Count of Wieda Archbishop of Collen in the year 1545. without having the Popes consent for so doing And Ferdinand II. caused Cardinal Clesel and the Elector of Trier to be arrested without any fear of incurring the Excommunication wherewith the Bull De Coena Domini threatens those that dare attempt such things P. I am very glad that the Emperors recover their authority but what Justice do the Monks and inferior Priests obey G. The goods of Priests ought to contribute something to the necessities of the Empire The persons of Monks are immediately subject to their Priors or Guardians they to the Provincials the Provincials to the General of the Order and he to the Pope The Secular Priests are all under the Jurisdiction of the Bishops except the Protestants whose persons are subject to the Consistory of their Princes and their goods to the same Justice as the Seculars P. Though you have often made mention of the Assemblies of the Empire I could not meet with an opportunity till now to desire a summary account and information thereof which I pray you therefore to give me now G. All well-governed States have their Assemblies wherein they resolve matters of importance The old Romans called theirs Comitia and because suffrages were given there by Tribes or Wards Curiae or Parishes and Centuries they added to the general word Tributa Curiata Centuriata according as voices were given there In Germany they have general and particular Assemblies The latter are of four kinds some whereof are the Assemblies of the Electors others are those of Deputation the third are those of the Visitations of the Chamber and the last are the particular Assemblies of the Circles P. Enlarge your discourse more upon the particular Assemblies before we pass to the general G. When the Electors meet together to choose a King of the Romans their Assembly is called The day of Election and then the King of Bohemia is not present there And when they meet upon other affairs that King is not called then neither though it be so ordained by the Golden Bull because the Electors seeing that the Emperor for the most part had the Crown of Bohemia in his possession they thought it fit to exclude him from those meetings and have done so by the Capitulations drawn up and made with the late Emperors These Assemblies are called Churfursen Tag that is Days of the Electors The Assemblies of Deputation are held at Francfort to dispatch that which could not be resolved in the Diets The third kind of Assembly is for nothing but to visit the Chamber of Spire that all things may be kept there in good order The Assemblies of the Circles are made after three manner of ways 1. When the Directors of all the Circles make a general Congregation 2. When several Circles appoint a day and place for a meeting and 3. when the Members of one Circle come together to resolve matters of concernment to the whole Body for example the value or other considerations of their coyn the Contributions which the Circle is obliged to pay the Assessors which it is to present to the Chamber of Spire the means to preserve peace and enforce them that refuse to obey their Ordinances P. Do me the favour to inform me of the Diets as you have done of the other Assemblies and instruct me who how when and where they are convocated what persons are called thither after what manner they sit there how they give their voices and lastly how they come to resolutions in business G. The Emperor only can appoint Diets and that by consent of the Electors without which the conclusions there taken are null and void forasmuch as that consent is the essential form that gives life and vigour to all that is concluded there And the Emperors have obliged themselves to ask it by the observation which they promise to the Capitulations offered to every â—mperor since Maximilian I. The causes for which the â—mperor may convocate these Assemblies are the necessity the good and the safety of the Empire Now the Emperor when he hath obtained the consent of the Electors doth not assemble the Diet by a general Ordinance but by Letters which his Majesty directs in particular to every one of them that are obliged to be present there In these Letters wherein is specified the place and the occasion of calling the Assembly together his Majesty doth not use the way of Command but of exhortation and entreaty although his Predecessors have made use of these terms Gebiscen heissen befeslen which signifie to command and enjoyn The time of continuance is not prefixt but by the necessity of affairs and it is always lawful and just to call them when need requires P. Seeing the consent of the Electors is necessary to the convocation of general Assemblies the Emperor cannot appoint them alone But in what place ought they to meet G. As to the place where the Diets ought to be held it is to be noted that according to Goldast Constantine II. ordained that they should be held every year and perpetually at Arles Charlemagne having translated the Empire into France or Germany would have them at Mentz and Frederick II. preferred Francfort upon the Meyn before that place The Golden Bull decrees that the first Diet after the Election of the Emperor shall be held at Nuremberg that none shall ever be called without the bounds of Germany and that it be always in a convenient place The Capitulation of Charles V. explains and limits that conveniency saying it ought not to be either higher then Augsbourg or lower then Collen And that being observed all other circumstances are left to the Emperor who usually pitches upon an Imperial City where he may be commodiously received and entertained P. That Article was inserted into the Capitulation with Charles V. because he had many Principalities out of the Empire and they were affraid he might have a mind to convocate the Diets in some place out of Germany It seems just however that a place be chosen where those that are called thither may not be very ill accommodated But who are the persons that are called to the Assemblies G. All the Estates of the Empire whom we have formerly mentioned are by the Emperor called to the Diets It is only to be observed that he calls the Ecclesiastical Princes thither after they are once elected though before they have their Bulls from the Pope that in place of Princes under age he calls their Guardians who administer their Estates and that Princes actually Governing are called thither though they have not yet received Investiture for what they hold in Fee of the Empire You shall further observe that in places where the right of Primogeniture prevails as in Austria Bavaria Lorraine Brunswick Holstein Hesse Wirtemberg Baden and Montbeliard the Emperor calls none but those