The Present State of Germany. Samuel Pufendorf
The Kingdom of Germany has not succeeded in the Roman Empire.
14. By all that has been said, it will appear how {childishly} they are mistaken, who think the Kingdom of Germany has succeeded in the <22> 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]|b (which was nothing but the Advousion [defense] and Protection of the See of Rome) in length of time fixed its Name upon that Kingdom of Germany, tho’ the States [ditiones] of the Church [in Italy]+ never were united into one and the same Polity [civitatem] with the Kingdom of Germany, much less did either Charles or Otho submit their proper [own] 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].a And the consequence of this was, that Germany [too] was afterwards call’d the Roman Empire, by way of Honour. But the different Coronations [and inaugurations] 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 [modernam Germanorum rempublicam] is not one and the same with the ancient Roman Empire. <23> 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.30
The Title of Roman Emperor damageable to Germany.
15. But in the mean time the Title of the 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 <almost [fere]>a alwaies ready to receive, but never part with any thing. And whereas all other Clients dispose their Masters to favour them by their Presents [services], if a Priest be not fed with new Presents, he presently snarles, and imputes his Blessing as a wonderful [boundless] Obligation.b I should think, that the ancient Princes heaped their Bounties upon the Clergy of Germany, principally because they were made [to] believe [that] God [expected they should]c provide plentifully for that Order of Men.
And what has been spent by Germans in Journies to Rome, for [obtaining] 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 [occupying] <24> Italy, {the Spaniards excepted, who have stuck so many years in the Bowels of our(i) Country, that we have never yet been able to repell them.} Lastly, no Princes were oftner fulminated [banned] 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[s] 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]:d 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].a
{Yet I would have this understood with Salva reverentia sanctissimae sedis, [a saving the Reverence and Respect due]b to that most Holy See, to whose Judgment I most devoutly submit all this.}
Of the Members of which the present German Empire is composed.
Germany a potent State, tho’ much diminished as to its extent.
1. After the German Nation [peoples], by the help of the French [Franks], became one Body, it has in all times been thought one of the strongest States in Europe; and at this day it is not less regardable, on the account of its bulk, though great parts of it have been ravished <25> from it, and either annexed to other Kingdoms, or formed into separate and independent States.1 How much the German Empire is now less than it was anciently, has been [thoroughly] shewn by Hermannus Conringius, a most skilful man in the German Affairs, in his Book, de finibus Imperii Germanici, concerning the Bounds of the German Empire.2 But it will be enough for us to observe what she has at present.
The principal Members then of this Body are designed [designated] by the Title of The States [Estates] of the Empire, who have, as we express it, a Right to Sit and Vote in the Diet. Tho’ many of these are opposed [excluded] by others, |[or whose Right to be immediate States is disputed by other more potent States, who pretend they ought to represent them in the Diet]|:a The occasion of these Controversies is, because these Potent States would make those that are controverted Members of their own Provincial |[States]|,a and not of the general Diet.3 But then, as to the Families of the Princes, it is to be observed, that there regularly belongs to each House a certain number of Votes in the Diet <, according as the powers it possesses have customarily entailed a right to vote>; as some Houses have only one Vote, some two, some three, some four, and some five. In some Principalities the eldest Brother enjoys the whole Estate [ditio], and all the younger must be content with an Apanage,4 and in others, they have all a share, though not an equal one, with the eldest. Where the first of these is observed, the eldest [alone] represents the Person of the whole Family; |[where the latter, they may all come to the Diet, but they <26> have altogether but one Vote, of which they must all agree amongst themselves]|.b
Which are the Members of the Empire.
2. To prove a Person a Member of the States of the Empire, two things are commonly thought sufficient, 1. if his Name is in the Catalogue or Matricula of the |[States]|;c and 2. if he is obliged to pay what he contributes to the Publick, to the Empire, and not into the Exchequer or Treasury of any other [subordinate]a State. [Tho’ the plainest Proof is, to alledge the Possession of this Priviledge.]b [For] some pretend they have by mistake paid their quota into other inferiour States [another’s treasury]; and others say, [on the contrary,] that some others, by meer Usurpation [presumption], have passed by the Provincial Treasury [to which they belonged of Right,]+ and have flown with their share to the publick Treasury; and these Allegations are made, as men endeavour to [acquire or deprive others of the Right of being Members of the Diet respectively].c Nor was there ever yet any Matricula extant, in which nothing was wanting or redundant [excessive],d and about which there was not some Controversie; |[tho’ those that were published in the year 51, 56, 66. of the last Century, are thought [the most]+ authentick]|.e But I should however think, that the most ancient Matricula’s which represent many as Parts of the States of the Empire, who have been long since excluded out of the Diet, are [better than the latter, because they are nothing but Lists of those who were then in the Diet, when publick Instruments were made by publick Authority; and therefore fromthence undoubted Arguments may be made for both the <27> contending Parties].f But in the mean time, from this variety in the Matricula’s I may safely conclude,