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A36825 The estate of the Empire, or, An abridgement of the laws and government of Germany cast into dialogues for the greater conveniency of a young prince that was instructed therein / by Lewis Du-May ... ; translated into French by D'Alexis Esq. ... ; now faithfully rendered into English. Dumay, Louis, d. 1681. 1664 (1664) Wing D2521; ESTC R7823 173,537 384

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the vacancie ibid. What every Electors Office is when the Emperor eats in Ceremony and who are their Deputies if they be absent 59. How the Electors lit in the Assemblies 304. What Electors and Bishops are usually chosen out of the Body of the Nobility 256. 257. Younger sons of Electoral Houses precede other Princes in the Assemblies 305. Where the Election of an Emperor or King of the Romans ought to be made 49. whether it be better that Kingdoms be Elective or Successive 53.54 The Emperor is a Monarch 31. Confers no Ecclesiastical Benefices 33. No Emperor crowned at Rome since Charles V. 34. How the Emperors lost the right of choosing Popes 35. The Emperor onely can create Kings 38. The Emperor ought to be of a German Family 52. Of what age a Prince should be when chosen Emperor 57. The difference between the Emperor and King of the Romans ibid. What Emperors have been excommunicated by Popes 288. Whether the Emperor can determine matters where the Estates of the Empire do not agree 310. When the Empire was successive 40. When it became Elective and why ibid. The Estates of the Empire and their priviledges 64. 65. At first all the Estates of the Empire chose the Emperor 41. The House of Este in Italy a branch of that of Brunswick 108. F. Faith to be kept with Heretiques 184. seq Ferdinand III. his several Elections and death 314. Fourteen bloody Fights in Germany from the time of the Swedes entrance till the Peace 322. The Fight of Furts 326 of Lignitz in Silesia ibid. of Rheimfeld ibid. of Wittenvayer in Brisgou ibid. of Kemnitz in Misnia 328. of Wolfenbottel ibid of St. Anthony ibid. of Schweinitz in Silesia ibid. of Dutlinguen in the Dutchy of Wirtemberg 329. of Fribourg in Brisgou ibid. of Merkendal in Franconia ibid. The twelfth thirteenth Fights 330. The Fight of Grawembrouck in the Countrey of Juliers 331. Other Fights lefs bloody 332. Barons of Flekenstein 239. Francfort why so called and wherein considerable 271. What Forces France had in Germany when the Peace was made 336. What recompence the French had by that peace 333. French Commanders in the war of Germany 335. Fridberg 272. Frisinguen a Bishoprick 190. The Fructifying Company its end and progress and by whom established 164. Barons of Fuggers 239. The Abbey of Fulda and its priviledges 193. Counts of Furstemberg their origin c. 231. seq G. Difference between a Gentleman and a Knight 242. Immediate Gentlemen of Germany who 251. Why the Emperor supports them Ibid. The order and government amongst those Gentlemen 252. Their priviledges and advantages 256. seq Causes of the War of Germany 315. seq Gluckstad and the King of Denmarks Fort there 274. Gostar called the Imperial Palace and Royal City 272. Descent of the Dukes of Gotta 88. Death of Mareshal de Guebriant 329. Guelnehausen 272. House of the Guelphes their antiquity and Territories 108. seq The voices branches and Fortresses of that House 111 H. Counts of Habspourg a Branch of the Dukes of Zeringuen 70. When and how Rodolph of Habspourg became Emperor ibid. Haguenau Bailliage in Alsatia given to the French 273. Salt-pits of Hal in Swaben 276. Hambourg its strength and Trade 273. seq Counts of Hanau 234. Hanse-towns and their Commerce 280. 281. Heilbrun 276. Helmestadt an University of the Dukes of Brunswick 113. Counts of Henneberg when they failed 92. How the House of Saxony inherited that of Henneberg ibid. Origin of the House of Hesse 129. Henry of Brabant first Landgrave of Hesse 131. Agreement between him and Henry Marquis of Misnia son the Principalities of Hesse and Thuringia ibid. Lewis Landgrave of Hesse refused the Empire ibid. The vertues and good qualities of the Landgraves of Hesse 132. The Religion and differences between Lewis and Maurce Heads of the two Branches of Hesse-Cassel and Darmstadt 133.139 Hesse-Cassel the elder the richer and hath the precedence 134. Alliances of both the Houses ibid. Frederick Landgrave of Hesse Grand Prior of Malta in Germany his Expedition at Carthage 193. The excellencies of Amelia Elizabeth Dowager of Hesse 134.136 Her Forces when the Peace was concluded 337. The advantages she and he● son had by that Peace 339. Hildesheim a Bishoprick of miraculous foundation 187. The Princes of Hochberg and Baden of the same House their agreement and reciprocal Testament 142. Lords of Hobenlohe 235. Counts of Hohenzolleren 169. Origin of the Houses of Holstein and Oldenbourg 148. Dutchy of Holstein its extent Revenues 155. Counts of Horne Subiects to the Dukes of Burgundy their origin 226. The benefits and advantages of Hunting 20.21 I. Assessors of the Imperial Chamber how many and by whom appointed 289. Functions of the Intendents and Superintendents over the Lutheran Pastors and Priests 205.206 Order of Justice in the time of Charlemagne 287. Jutland what quantity of Cattle and horses come yearly out of it 155. K. Kaufbegeren why so called 276. Kempten in Latine Campidunum 270. King of the Romans what authority he hath 49. The Arms and Titles of the King of the Romans 57. Kings should not make a Subject too great 159. Dangerous for Kings to execute their resolutions by halves 162. Difference between a Knight and a Gentleman 242.243 Knights Marianites why so called their progress and difference from the Templers 191.192 Example of Kings that have received Knighthood 243. The cause and Original of the Orders of Knighthood 245. seq How the Emperor makes Knights 246. L. Ladies not unfit to Govern 135. seq The taking of General Lamboy 420. Landau 276. Landgrave Judge of an Inland Province 210. How Landgraves became powerful 211. Landgraves Generals of Foot ibid. What Houses in Germany bear the title of Landgrave 213. Landgraveship no where but in Germany ibid. Usefulness of Foraine Languages 8. where the French Language in best spoken 18. What other Countries use it most 26. Where the Italian Language is the purest 17. Where it is most currant 26. Dukes of Lawembourg and Anhalt their origin and antiquity 157. Religion and titles of the Dukes of Lawembourg 166. Laws that oblige all Germany are made in the General Assemblies 62. League of the French Swedes Hollanders and Princes of Germany against the House of Austria 319. League of the Princes for and with the Emperor ibid. Whether a prince ought to be Learned 115. Counts of Leinneguen 234. The Tragical end of John of Leyden 188. Liege a Bishoprick ibid. Barons or Counts of Limbourg their titles and antiquity 235. Barons of Limbourg Deputies to the King of Bohemia as Great Cup-bearer of the Empire ibid. Lindau 276. Duke of Lorrain considerable for the situation of his Countrey 112. Lubeck its situation by whom built 275. Princes of Lunebourg and their Alliances 113. Who brought the Doctrine of Luther into Denmark 150. Lutheran Princes of Germany 208. Lutheran Cities ibid. Luther was born and died at Eiseliben 235. M. Counts of Mansfield
the overgrowing authority of Popes who not content to have robb'd the Emperor of his right to nominate or at least to confirm those Soveraine Prelates have taken from him the power of nominating to the Ecclesiastical dignities of Germany And they did also oblige him to come and take his Imperial Crown at their hands but no Emperor hath been crowned at Rome since Charles V. P. I would gladly know how the Popes have so much lessened the Imperial Majesty G. The Emperor Constantine the Great having removed the seat of the Empire to Constantinople the Roman Bishops began to have more Elbow-room and laying the foundation of their greatness as well upon the distance of the Emperors Residence as upon the piety of Princes and the respect given unto them they took upon them the name of Universal Bishop which their Predecessors never thought of but with horror and detestation Nevertheless the Lombards kept the Popes in awe and vexe● them often till the time of Pepin and Charlemagne who undertook their protection and enriched them with the estate of those troubleso●● Kings The Pope willing to acknowledge these good turns did Homage to those Princes for the Territories of Ravenna and Pentapolis of Romagnia which Pepin had liberally bestowe upon him obliged his Successors to the sam● duty agreeing that those Princes and their Heirs should have the Right and Prerogative of choosing Popes Those two Kings mad● use of that right but after the death of Charles the most potent of the Clergy fearing they might not have interest enough in the Emperors Court got themselves chosen at Rome and afterwards came with an excuse that they were not able to hinder their election and therefore besought Lewis the Debonaire to confirm them which he did for fear of disobliging them P. Did this submission of the Popes continue long G. No but a short time for pope Nicolas I. of that name being better seen in State-matters then his predecessors disengaged himself of that duty and using the Thunder of the Vatican in a right season excommunicated Lotharius brother to Lewis King of Italy and gave so much courage to his Successors that in a short time they took the boldness to pretend to the election of the Emperors to degrade them and to set up another instead of any one that had the misfortune to displease them P. Did not the Emperors withstand those violences G. All that had any resolution resisted that injustice past over the Alpes and forced the Popes to keep themselves within their duty but as Princes are oftentimes some more unfortunate or less couragious then others at length Gregory VII Vrban II. and many other Popes trampled the Majesty of the Emperors under their feet thunder'd and decreed against them in their Councils depriv'd them of their Right and brought them by force to go and take the Imperial Crown at their hands saying there was as much difference betwixt Popes and Emperors as there is betwixt the Sun and the Moon intending to infer from thence that as the latter of those two planets hath no light but what is communicated to it by the Sun so the Emperor had no other glory nor power nor Majesty but what the Pope bestowed upon him But since Charles V. his time no Emperor hath been Crowned by the hands of the Pope and it seems that the House of Austria hath recovered that to the Empire which the unhappiness of forme times had rent from it P. It was a great unhappiness indeed that our Forefathers gave so much way and parted with so much of their Right to the Popes But you do also confess that his Majesty cannot give any Right of suffrage in the Assemblie of the Empire unto those persons whom he raises to the dignity of Prince without the consent of the States first obtained G No man having voice or seat in the Diets but he that is entred in the Registe or Matriculation-Roll of the Empire which remains in the custody of the Elector of Mentz it follows necessarily that no ma● can be admitted to sit there without the knowledge and allowance of that Elector P. That which you tell me doth in some some sort derogate from the Majesty of the Emperor who in that respect seems less absolute then the Kings of France and Spain for they can give the titles of Duke and Grande to whom they please and endue new men with the priviledges of the ancientest Lords of that Order without pre-acquainting them with it G. Those that the King of France raises to the dignity of Duke must have their Patent verified in the Pariament of Paris before they can take their place there and though this were not so we should only be bound to confess that the Emperors have used more favour toward the principal Members of the Empire then the Kings of France do toward their Peers or those of Spain toward their Grandes But for all that neither of those Kings though great and potent is so eminent as the Emperor except in this regard that both of them have no Superior nor any equal within their Dominions P. Hath the Emperor any more illustrious marks of Soverainty then those Kings who give no man an account of their edicts but in these terms For such is Our pleasure G. Those Kings are great and as it were Emperors upon their own Territories and make Lawes create Magistrates Lords and Gentlemen as many as they please but neither they nor any other person in the World equals the Emperor who by a plenitude of power creates Kings and hath a Right to hinder any other Potentate from attempting to do the like P. The Emperor doth often erect Lands into Baronies Earldoms and Dukedoms nay he makes Barons Counts and Dukes without giving them any land But I have never heard it affirmed that he had the power to erect Principalities into Kingdoms G. The Emperor Otho III. made Poland a Kingdom of a Dukedom in the year 1001. Henry IV. did the like for Bohemia in the year 1086. and Charles the Brave Duke of Burgundy desired the Emperor Frederick III. to give him the title of King but could not obtain it All which things do without question elevate the Emperor above all the Monarchs of the Universe and make it evident that the Imperial dignity is the most eminent upon earth P. I believe as you do that no King assumes the authority to erect Principalities into Kingdoms and that our Emperor in that point hath no equal in the world but you have not yet proved that he hath the power of hindring others from giving those eminent titles G. The Pope sayes he hath the same Prerogative but Pius V. having given the title of great Duke of Tuscany to Cosmo de Medicis in the year 1569. the Emperor Maximilian II. opposed it and made Cosmo receive it from him And by that action the Pope was obliged to confess that he had exceeded and transgressed the bounds of his power
also have bestowed so many favours and bounties upon my House that there remains nothing for me to ask Every body was surprized at this discourse For although it be honorable for the Sea to communicate it self through the rivers and for the Soverain to aggrandize his best deserving Subjects yet the Sea ought not to cover all the earth nor the King to diffuse his Royal graces too prodigally upon a Subject Otherwise the rivers will become Sea and the servant Master which cannot but prove very prejudicial As then the Planets would have but little regard to the Sun if they had no need of his light nor the servant to his Master if he could do him no more good So Great men ought to be very circumspect in the distribution of their favours if they would not lose that honour and respect which their Inferiors give them P. There are few Houses in Germany that have so long possessed two Secular Electorships at a time as this hath done Let us see how it lost them G. Otho and Bernard sons to Albertus Vrsus divided this House into two Branches The first was Elector of Brandenbourg and the latter of Saxony who fixed himself at Wittemberg and took for his principal distinctive Coat a Bend Fleury Vert on a Field Barry or and Sable There have been 13. Electors of Brandenbourg descended from Otho whereof the last was Iohn IV. of that name From Bernard there came in a direct Male line the Dukes of Lower Saxony and the Princes of Anhalt the first by the way of Albert I. of that name and Helen daughter to the Emperor Otho IV. and the second by the way of Henry to whom the Emperor Frederick Barbarossa gave the title of Prince of Anhalt There have been 8. Electors of Saxony of this Family The last was Albert II. after whom the Emperor Sigismond preferred Frederick the Warlike Marquis of Misnia before Erick V. Alberts Cousin and lawful Successor to teach us that all things under the Sun are flitting and transitory and that the greatest Houses may be humbled and brought low P. Hath a Soverain any power to take Principalities from one House and transfer them unto another G. A King gives account of his actions to none but God and can do almost all that he will he ought nevertheless to act equitably and not to plunge men of courage into despair then which nothing is more dangerous They that have lost their estate think they have nothing more to lose and are capable of making the greatest repent of the wrongs they have done them The Soverain then may take back the benefits he bestowed when he that received them is become altogether unworthy of them But before he come to that extremity he should endeavour to reduce them unto their duty and having tryed all fair means he must be very careful that he do not faintly and loosely execute the resolutions that he hath generously taken nor rashly undertake a great action which prudence will afterwards perswade him to abandon A Prince should think seriously of a thing before he enters upon it but having begun he should carry it through For there is nothing so repugnant to the of authority Kings as to act by halves nor any thing that so much encourages Subjects to Rebellion as to see that their Masters are afraid of them P. Since the death of Francis Albert who was slain by General Torstenson in Silesia I hear but little speech of these Dukes which makes me conjecture there are but few of them left G. Though Francis II. had ten sons six whereof were married yet there remaine but Iulius Henry Francis Charles and Francis Henry brethren all without hopes of having children and one son of Iulius Henry called Francis Herman who probably will have but few having married his Cousin who is exceeding weak and of a stature to bear few or no children This Prince is at present in the service of the King of Sweden against Poland P. It were great pity that a House so ancient and so illustrious should totally fail but if that do come to pass who will be the heir of it G. The Princes of Anhalt as we have seen come from the same source besides which right they have that of Confraternity Now this House is one of the most numerous in the Empire and because it is equally divided amongst many the Princes are not of the richest Ioachim Ernest who was the only person left of the Family dyed at 50. years of age A. D. 1566. and had 16. children of whom Anne Mary was married to Ioachim Frederick Duke of Lignitz Elizabeth to Ioachim George Elector of Brandenbourg Sibyll to Frederick Duke of Wirtemberg Agnes Hedwig to Augustus Elector of Saxony and after his death to Iohn the younger Duke of Holstein Dorothy Mary to Iohn Duke of Saxon-Weimar and Anne Sophia to Gunther Albert Count of Schurtzebourg The sons divided the Principality into four equal shares because Augustus said he would be content with a Pension for his life not intending to marry But at last upon second thoughts he came back into Germany where he married Sibyll Countess of Solmes and his brethren chose rather to give him a part of the land then pay him a Pension So Iohn George had Dissau Christian resided at Berembourg Augustus fixt his abode at Pleskau Rodolph at Zerbst and Lewis at Cotheim and every one them hath children P. This way of sharing may bring their House to a very weak condition But how do they govern their Estate G. Being all of equal authority and one having no power or command over the lands of another they submit to the eldest of the Family who hath the direction of affairs calls the Princes together when there is need of having their advice upon any matter of importance And as they have but one voice in the Diets so one of them represents all the rest there To conclude these Princes are commonly brave learned active bold courteous and obliging The two Christians of Berembourg father and son have born arms with honour Augustus hath extracted Soverain remedies out of Chymistry and Lewis hath established the society of great Wits or the Fructifying Company whereinto there are at this time admitted and enrolled above 20. Princes and five or 600. Lords Gentlemen or Doctors and other persons of knowledge P. There is much talk of this Society and I have not yet learnt what is the principal aim and intent of it G. This Prince having travelled through all Europe and seen that France and Italy are full of excellent books in the language of the Countrey whereby Ladies and Great men who by reason of their weighty employments cannot have leisure to learn Forain Languages have the means to be instructed in all that concerns them was desirous to introduce the same advantage into Germany and hath succeeded so prosperously in his design that now the Virtuosi of our Countrey cultivate their Mother-tongue enrich and adorn
the People so bare and miserable being forced to contribute towards defraying the expenses of War and the maintenance of Princes although the poor contributors enjoyed but the least part of the land which obliged Kings at last to forbid Priests all kinds of further acquisitions If that had not been done they had swallowed all long since for heretofore there was an order that no Will should be made without bequeathing something to the Church And if any one dyed intestate an estimate was made of his inheritance and according to the value thereof a portion was allotted and given to the Priests For the remedying of that excess very excellent Laws have been made in England the Low Countreys and at Venice and the Parliament of Paris it self seeing the immense riches of the Carthusians and Celestins made orders expresly prohibiting them the acquiring of any more immovables P. Those regulations are just where Churchmen live in plenty but they should not be hindred from making moderate acquisitions it being reasonable that they who feed us spiritually should be maintained corporally G. Your argument is very good Poverty should not be permitted in the Church for it is impossible the Priest should carefully attend upon preaching the Gospel visiting the sick comforting the afflicted and administring the Sacraments and at the same time labour to get bread While Clergy-men were under continual suffering they stood in need of extraordinary assistance to keep them from falling into despair but growing too rich they were swallowed up in lazyness from whence there flowed streams of ignorance wantonness impiety luxury superstition idolatry and other vices which brought Christendom almost to utter ruine P. Let us not enter into the consideration of the lives manners and humours of Priests who have constrained good men to procure their reformation and that reformation caused rivers of blood which have very near drowned Christendom Tell me rather how the Ecclesiastical Princes come by their Dignity G. The Prelates of Germany are not all raised to their Dignity after one and the same manner and the order observed now differs from that which was observed when Germany received the Faith In the beginning of Christianity Bishops were every where chosen by the Clergy and the People joyntly After which when the Roman Emperors were become Christians they sometimes gave Bishops to the principal Churches by their own authority or of several that were proposed to them they made choice of him that pleased them best So Constans made Liberius Bishop of Rome and Theodosius the younger chose Nectarius to be Bishop of Constantinople from amongst many that were named to him Since the fourth age before which there were few or no Bishops in Germany the Kings made a Decree that no man should be promoted to the Episcopal Dignity without their consent and when Germany was united to France the French Kings made such use of that right that no man was made Bishop but by their nomination or at least their approbation for if the Clergy and the People chose a Bishop he was to be confirmed by the King In Bavaria which at that time had its own Kings sometimes the People and sometimes the King chose the Bishops but so as there was no need to have Bulls from Rome Pepin gave the Archbishoprick of Mentz to Boniface and that Prelate being grown old he obtained a Coadjutor from the same King without having recourse to the Pope P. I believe indeed that Pepin raised that Prelate to the Episcopal Dignity but some think he had obtained permission to do so from Pope Zachary G. The creatures of Rome would make us believe so but that is not probable since Pepins Predecessors had the same power and his Successors maintained it insomuch that Leo or rather Gregory IV. durst not make Colonus the Deacon Bishop of Reale without the permission of Lewis the Debonaire and the Fathers of the Synod held at Aix-la-Chapelle entreated the same Emperor to have a great care of giving good Pastors to the Churches Nay all the Popes from Leo VIII to Gregory VII were created or confirmed by the Emperors P. But have not the Emperors made not confirmed any Popes since that time G. Gregory VII took away from Kings and Emperors the power not only of creating and confirming the Popes but the Bishops also in the Countreys under their obedience and having excommunicated the Emperor Henry IV. he commanded Hugh Bishop of Die his Legat in France to procure a Decree to be made against Lay-men that would name persons unto Bishopricks The year after he forbad Church-men the receiving of any Bishoprick Abbey or other Benefice from the hand of a Lay-man though he were King or Emperor and within two years more he pronounced that the power of choosing Bishops and Pastors belonged to the Apostolick See Victor III. confirmed the Decrees of Gregory VII Vrban II. went further and at the Synod of Melfi Can. 8. and at that of Clermont Can. 15. and 16. forbad Clergy-men to take the Oath of Allegiance unto their Princes Those Decrees drew the Emperor Henry V. into the field who took Paschal II. prisoner and made him restore the Empire unto its first condition But when Popes had once tasted what a pleasure it was to be independent and to keep the Emperors under their authority they forced the Councils of Lateran and Vienna held in the year 1112. to declare Heretical the Collations of Benefices made by Lay-men The Emperors on the other side desiring to keep up their power named one Bishop and the Pope or the People another and the stronger party held the Bishoprick to the great scandal and prejudice of Christendom At length Paschal II. excommunicated Henry V. Calixtus II. confirmed the proceedings of his predecessors at the Council of Reims A. D. 1120. and Henry being both strucken by the Popes thunderbolts and wearied by the obstinacy of the Princes renounced his own right in the Diet held at Wormes A. D. 1122. In this manner the right which the Emperors had to choose Bishops passed from them to the Clergy and the People but a little after the Canons of Cathedral Churches assumed that right to themselves and keep it still P. I observe that many of the Councils wherein the Empire lost so much of its power and dignity were held in France G. Those Kings seeing that Germany had separated it self from France and kept the Imperial Majesty which their first Predecessors of the second Race had gotten were glad to see it humbled and for that cause they sided with the Popes when they would vex the Empire helping by that means to forge and hammer those chains of servitude which would have oppressed them and their Successors if the Popes had not met with Parliaments and a French people more inclined to obey their own Kings then to follow the orders of Rome P. Those Subjects who prefer the obedience they owe to their Soverains before any other consideration are highly to be