Читать книгу The Present State of Germany - Samuel Pufendorf - Страница 16
ОглавлениеTHE CONTENTS1<vii>
CHAP. I.
Of the Origene of the German Empire.
1. The ancient and present Bounds of Germany.
2. The ancient state of the German People, dangerous and weak.
3. The Franks, who are of an uncertain extraction, the first Conquerors of Germany.
4. It is highly probable the Franks were originally Germans.
5. They certainly went out of Germany, and conquered Gaul, now France, and afterwards returned back again and conquered all the other Germans.
6. An enquiry of what Nation Charles the Great was; he is proved a Frank by his Father, and was born in France, though he used the German Tongue; and an account is given of the Language of the Gauls, and of the Origene of the present French Tongue.
7. The Titles of Charles <viii> the Great to his several Dominions.
8. Germany a part of the Kingdom of France.
9. The Children of St. Lewis divide their Father’s Kingdom, by which means Germany became once more a Free Independant Kingdom.
10. A short historical account of the Roman Empire, and of its Fall.
11. Italy and Rome for some time under the Greek Emperors.
12. The Lombards feared by the Popes, subdued by Charles the Great, and he thereupon was chosen Emperor of Rome, or rather Advocate of that See; yet neither he nor any of his Successors would suffer France to be taken for a part of that Empire.
13. The Fall of the Caroline Race; Otho the first King of Germany only.
14. The Kingdom of Germany has not succeeded in the Roman Empire.
15. That Title has been damageable to Germany.
CHAP. II.
Of the Members of which the present German Empire is composed.
1. Germany still a potent State, though much diminished as to its ancient extent.
2. Which are the Members of that Empire.
3. An account of the House of Austria; how this Family gained Austria, Stiria, Carniola; it is the first amongst the Spiritual Electors.
4. It has long possessed the Imperial Crown: The Priviledges granted to it by Charles V. the Low Countries pretended to be united <ix> to the Empire by Charles V. and why, The Males of this House.
5. The Family of the Count Palatine’s of the Rhine; the Dukes of Bavaria, the Palatine Family; that of Newburg the other Branches; the present King of Sweden of this House.
6. The House of Saxony.
7. That of Brandenburg.
8. The other Princes of the Empire.
9. Savoy and Lorrain; Ferdinand II. encreaseth the number of the Princes, eleven of which are named.
10. The Ecclesiastick States once very rich, now much diminished, yet they still possess the greatest part of the Countries on the Rhine.
11. The Ecclesiastick Electors and Bishops that are Princes of the Empire; the mitered Abbats; the Prelates that are not Princes, yet have Votes in the Diet.
12. The Earls (or Counts) and Barons of the Empire.
13. The Free Cities make a College in the Diet.
14. The Knights of Germany divided into three Classes, but have no Vote in the Diet.
15. The Empire divided into ten Circles. <x>
CHAP. III.
Of the Origene of the States of the Empire; and by what Degrees they arrived to that Power they now have.
1. The Secular Princes of the Empire are either Dukes or Earls.
2. The old German Dukes military Officers, and their Grevens or Earls were Judges; but in time obtained these Offices for their Lives, and at last by Inheritance.
3. Charles the Great endeavoured to redress this Error, but his Posterity returned back to it. Otho Duke of Saxony a King in Fact though not in Title; other Princes afterwards raised to this Dignity by the Emperors; others by Purchace, Inheritance, and Usurpation.
4. Whose Power was after confirmed by the Emperors; upon the failing of the Line of Charles the Great, Germany became perfectly free; the Princes of Germany now not Subjects but Allies to the Emperor.
5. Great Emperors are well obeyed, the weaker are despised: Luxury has impoverished some of the Princes.
6. The Election of the Bishops renounced by the Emperor.
7. The Bishopricks of Germany endowed by the Emperors.
8. Who when they became very rich, refused to be subject to their Benefactor.
9. The Free Cities: Why the Germans of old had no Cities.
10. The Cities were at first subject to the Kings or Emperors of Germany. <xi>
CHAP. IV.
Of the Head of the German Empire, the Emperor; and of the Election and the Electors.
1. The Emperor the Head of Germany: The Empire of the Romans pretendedly given by the Pope: The Kingdom of France more hereditary than elective: Germany given freely to Conrade: The Empire of Rome united for ever to the Kingdom of Germany.
2. The ancient Elections not made by any certain number of Electors exclusively.
3. The Seven Electors not instituted by Otho III.a
4. 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. <xii>
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.
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: <xiii> 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. <xiv>
CHAP. VI.
Of the Form of the German Empire.
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 a 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.
1. The Subjects of Humane Force, Men and Things. Husbandmen most wanted. A vast Army may be easily levied in the Empire. An <xv> 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. <xvi>
CHAP. VIII.
Of the German State-Interest.
1. The Remedies of these Diseases enquired into.
2. The Remedies prescribed by Hippolithus a 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. Contempt 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.
