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land_n hold_v homage_n tenant_n 1,328 5 10.3816 5 false
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A33299 A briefe and yet exact and accurate description of the present state of the great & mighty empire of Germany both touching the formes of their civil government and profession in religion / taken by a diligent and faithfull surveyor of it, with much paines travelled over that whole country to informe himself and others of these things ; now published by Sa. Clarke ... for the publick good. Clarke, Samuel, 1599-1682. 1665 (1665) Wing C4503; ESTC R37719 29,102 55

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or to make too much an unequall devision of Land is very dangerous as it appeareth by that which John Selden writeth in the fourteenth book of his History touching the devisions of the Lands of the Dukes of Saxony whereof sprang the first quarrell betwixt them of that house and was cause of a great Civill War in Germany Such inequality in Partition is not therefore lightly seen except it be for certain such causes as are prescribed in the Civil Law that is in case the Son conspireth his Fathers death or doth not his endeavour to redeem him out of Prison if he be taken by their Enemies c. If the Father dieth Intestate then doe his Children divide his goods equally pro raeta Portione Sons have the Land and the Daughters the Mony and in case there be no Mony left then the Sons are bound every one out of his portion of Land to pay a certain summe of Money towards the Dowry of his Sisters In the which cases there are certain Ordinances whereby every one knoweth what to have according to their quality The Subjects of all the Princes and Gentlemen in Germany do hold their Lands ether in Feodo for paying a chief rent and acknowledging Homage or in Fee-Farm paying a certain Rent either in Money Corn or Wine or in all Or else there are Tennants at the will of the Lord for so many years and for so much Rent as is agreed between the Lord and the Tennant There is almost no Prince Nobleman nor Gentleman but hath certain Vassals that of right do owe them their labour some to sowe some to mowe till carry ditch hedge c. by whose labour their Demesnes are for the most part Manured Thus I have as briefly as I could set forth by the examples of the Count Palatine and the Elector of Saxony the form of Government in Politicall matters of the two first Estates that is to say of the Spirituall and Temporall Potentates who both in their Houshold service and Civill Affairs have also the most part the same Order and Form that the foresaid Electors have Touching the third estate which I said was of the Free Cities thus much is to be understood that of the same Free Cities some are meerly Subject to the Empire as Augusta Acona Argentina Francfordia ad Menum Lubeca Hamburga Vlma Colonia Spira Noriberge c. And other some for that they were once under another Lord to whom every one yet acknowledgeth a certain duty do therefore yield no such contribution as the Imperiall Cities do as for Example Magdeburge Erford Breme Brunswicke Luniburge c. have each of them a severall Lord who is either the Bishop or Duke of the name that every one is called by to whom they owe their Homage and a small Duty besides But they use notwithstanding their own proper Municipall Laws which have their ground on the Civill Laws and their Ancient Customs as the Imperiall Cities do from the which their Laws Ordinances and Customs it is lawfull for the Citizens in some cases to appeall to the Chamber of the Empire which is at Spires They are all Governed either by Democriti's that is by certain chosen out of the multitude of the common people or by the State of Olygarchy that is by a few of the Wealthiest and most Principall of the People Or else by Aristocracy that is by a few of the best sort not in respect of their Wealth but of their Vertue They got their liberties either by purchase of money or else by the favour of the Emperor or by force of Arms from that Prince that was their Sovereign and have by that means of liberty such traffique and handling as they are grown so rich that they have fortified their Cities and Territories in such sort as they fear not the force of the Enemy be they never so mighty There are four Cities which are called by an Ancient name The four Cities of the Empire and are free that is Augusta Metis Acona Lubeca Whereof Metis is at present under the French King and is not free as the rest be Also there are four other Cities which are named the Dorffes that is the Towns of the Empire viz. Bamberga Erlistadia Haganoa Ulma whereof Bamberga is now under a Bishop and Salistadium under Archduke Ferdinando the Emperors brother that now is There be also four other Cities which are termed The Boores of the Empire that is the Villages but yet are notwithstanding great Cities as Collen Regensburge Constantia and Saltzburge the which three last are all Subjects to the Bishops of that name There be many other Cities of great fame and force as Magdeburge which sustained the siege by the space of thirteen moneths together of the Emperours Lieutenant Duke Maurice Elector of Saxon and others the mightiest Princes of Germany In the which siege they took Prisoner George Duke of Mechelburg and in the end compounded not with so unreasonable conditions as the other Cities did in the Wars of Smascald For they would never agree to receive the Interim no more than the Cities of Brunswiche Hamburge Lubecke and the sons of John Frederick the Elector of Saxon did Breame standing upon the River of Wesar is likewise famous for resisting Duke Erike of Brunswicke Lieutenant Generall to the Emperour Charles the fifth where he besieged the same in vain and was in the end by the help of the Hamburgers conducted by Coúnte Peninge chased away from thence and forced to leave his great Ordinance behinde him Brunswicke standeth neer the River of Owker which taking in another little River called the Sconder above the Town of Zell falleth into the Weser the which City of Brunswick hath been at variance with their Dukes from the year of 1536 untill this present year 1569. Henricus Senior Duke of Brunswick besieged it a whole year in vain Henricus Junior the Father of Duke Julius that now is besieged it twice once by the space of six weeks and another time eight weeks together and prevailed not The said Duke Julius is now agreed with them and entreth the Town with seven hundred Horse the third of October next but is not to remain there with any force In this City is an Ancient Monument of a monstrous Brazen Lyon the which beast Duke Henricus surnamed Leo is said to have brought thither with him out of England There is also made in this City the best Harnis for the proof and otherwise and the best Daggers and Firelocks that be in all Europe Lubeck upon the River of Trowe hath as it were conserved the King of Denmark in his seat against the Swede but is at this day greatly Impoverished because of the continuall Wars they have had with the King of Sweden and stopping of a River between them and the City of Hamburge called the Trow with Jasper Bucolt a Gentleman of that Country because they refused to pay a small towl unto him hath of mallice thrown a number of