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A44712 A discours of the empire, and of the election of a king of the Romans, the greatest busines of Christendom now in agitation as also of the Colledg of Electors, their particular interests, and who is most likely to be the next emperour / by J.H. Howell, James, 1594?-1666. 1658 (1658) Wing H3065; ESTC R4781 35,171 133

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Crown of England is call'd the Imperiall Crown and the City of London the Imperiall Chamber Now touching the respects that other Christian Kings owe the Emperour they acknowledge no other but that of precedence only though Henry the second of England in his letter which stands upon record to Frederique Barbarossa and Richard the first in his to Henry the 6. Emperour seem to acknowledg a kind of subordination by way of Complement but Edward the third of England wold not kisse the Emperour Lewis of Bavaria's feet at their Enterview in Colen and the reason he alledg'd was because he was Rex inunctus habens vitam membrum in potestate sua c. because he was an anointed King having life and limb in his power c. which Edward as the German Annals attest Ab Electoribus fuit vocatus et nominatus Vicarius Imperii he was call'd and nominated Vicar of the Empire and as some have it was offer'd to be Emperrour in regard of his acquests and glorious Exploits in France whence he brought the three flower de luces upon his Sword after the French had sent him that geering answer that la Couronne de France n'est pas liee a la quenoville that the Crown of France was not tied to a distaff Add herunto that the Emperour cannot be call'd so pure and independent a Monark as some other Kings for besides that he is but Tenant for life and govern'd by Diets which are Imperial Parlements the Electors may be sayed to be his Associats and to have a share in the goverment Nay the Emperour by the ancient customs of the Empire may be brought to answer in causis pro quibus impetitus fuerit sayeth the Bull before the Count Palatin of the Rhin but he can passe no Iudgement unlesse the Emperour himself be present in Imperiali curia Ther want no examples that some Emperours have bin depos'd for their mal-administration an instance shall be made in Wenceslaus in the yeer 1400. who was formally degraded by the Archbishop of Mentz upon a publique theater in the plaines of Brubach neer the river of Rhin by a judicial sentence which I thought worthy the inserting here VVee Iehn Archbishop of Moguntia Prince Elector and Archchancellor of the German Nation in the name of other Princes Electors Dukes Landgraves Counts and other Lords Barons and Potentats of the Empire in regard of divers dommageable interests and for the special importance of all the Empire we do depose and deprive by common consent and Mature deliberation Wincestaus as negligent unprofitable and unworthy of the Roman Empire We degrade him of all the dignities and of all the honors which were due to him from the Empire and we publish him in the presence of all the Princes Barons and Potentats of the Empire for a prophane person and unworthy of such an honor and dignity Enjoyning Evry one of what quality or condition soever he bee not to yeeld him obedience as Emperour prohibiting evry one to payhim any kind of tribut fief or forfeiture either by Right or by covenant or any office appertaining to the Empire Nay we will that those perquisits be reserv'd untill God doth give us the grace to elect an Emperour that may be for the benefit of the whole Empire and the Christian Common-weale And it is well known how often he hath bin admonish'd by the Princes Electors both in publique and privat and particularly by ev'ry one of our Order that he wold leave his unworthy deportments and carry himself as his Dignity requir'd Concerning the King of the Romans it is but a modern title peculiar to him who is declar'd Heir apparent or the design'd Successor of the Empire But at first he who was so chosen was called Caesar and it was the Emperour Adrian who first cal'd AeliusVerus by that title insomuch that the family of Iulius Caesar being extinct in the person of Domitius Nero who was the sixt in descent as afore was told the name Caesar ceas'd to be us'd as the name of a family or blood but it was us'd as a name meer honorary and precedent to the Empire Afterwards the design'd Successor to the Empire was call'd Despote after that he was call'd King of Italy then King of Germany and lastly King of the Romans Romischer Konig in high Dutch and the Emperour himself was only call'd Caesar Keyser in Dutch wch appellation continueth to this day And it was Charles the 5 who introduc'd the title of King of the Romans who since is acknowleg'd the immediat and unquestionable apparent Heir and to succeed in the Empire whether it be by Resignation by deprivation or death being in proximo fastigio collocatus to the Emperour Nay som Civilians hold that the King of the Romans may make Edicts without the regnant Emperour being bound only as they say Majestatem Imperialem comiter observare making him hereby to owe a duty of reverence but not of superiority to the Keysar or Emperour The 4 Section Touching the Diet or Imperial Parlement and the members therof with the Division of Germany and the strength of the Emperour THe German Empire is divided to ten Circles viz. Austria the high and low Franconia Bavaria Saxonia Westphalia the lower Circle of Saxony Burgundy the two Palatinatts The goverment wherof is principally in the Emperour contractedly in the Electors and diffusively in the Diet or Imperiall Parlement and other Courts wherof the Chamber of Spire is the Supreme whence ther is no appeal In the Diets after the Emperour the Princes Electors are the prime state among whom the Prelats have still the priority The second state is compos'd of four Arch-bishops viz. he of Magdenkurg who is primat of all Germany He of Salzburg he of Besanson and the Arch-bishop of Breme which Archbishoprick the Kings of Denmark have had a long time Then ther are one and thirty Bishops and eleven Abbats wherof he of Fulda is the chief having above fourscore thousand rich dollers in annuall revenue Then come the secular Princes of the Empire wherof the Arch-dukes of Austria are first and they are divided into two branches viz. of Germany and Burgundy The third Estate is compos'd of Imperial towns which are about sixty five in nomber som wherof hold soly from the Emperour which are accounted the most noble and some are Relevant from other Princes Ther is another sort of Towns call'd the Hansiatique Towns twixt whom ther is a strong confederacy and fraternal league in merchantile affairs They are divided into fower classes or Metropolitan Cities to wit Lubeck Colen Brunswick and Danzick who have a solemn yeerly convention at Lubeck where they keep their Records The Hans or Hansiatique Association is of long antiquity touching the word some wold fetch it from hand because they of the Society plight their faith when they enter into the fraternity others derive it from the word Hansa which is Counsell or advice in the Gothique toung
Being conven'd the Ecclesiastical Electors were to put their hands only on their breasts the Secular Princes solemnly upon the Book to choose a fit Imperial head for Christendome and they were to do this within the compass of thirty daies and not to go out of Frankford or the place where they mett in the interim Iury-like to have no other nutriment but bread and water after the expiration of the sayed thirty dayes The choice being made by the Assembly of Electors the new Emperour according to the tenure of the golden Bull the grand Charter of the Empire so call'd because 't was confirm'd by the Pope is saluted by the Title of King of the Romans and not Emperour till he be crown'd with three Crowns viz. with the golden Crown representing Rome with a sylver Crown representing Germany and with an Iron Crown representing Lombardy which ceremony useth to be perform'd at Aquisgrave for all the three places But he is not to be call'd Augustus till confirm'd by the Pope At the first day of the Emperours Inauguration the foresayed Electors were to give their personal attendance in the Emperours Court but now they are dispens'd withall to do it by proxy Before the Palace Gate ther us'd to stand a heap of Oats to the breast of a Horse then comes the Duke of Saxony mounted having in his hand a sylver wand and a sylver measure stood by which was to weigh two hundred Marks he fills the measure sticking his wand afterwards in the remainder and so goes to attend the Emperour The three Arch-bishopps say Grace The Marquis of Brandenburg comes also on hors-back with a sylver bason of water of the value of twelve Marks and a clean towell which being alighted he holds to the Emperour Then comes the Count Palatin of the Rhin a hors-back also and being alighted he carries fower dishes of meat ev'ry dish of the value of three Marks Then the King of Bohemia comes with a napkin on his arm with a cover'd cupp of twelve Marks which he presents Touching the precedence of the Electors among themselfs one may judg of it by the maner of their session with the Emperour when he sitts in Majesty which is thus The Arch-bishop of Tryers high Chancellor of France sitts over against the Emperour The Arch-bishop of Moguntia or Mentz as high Chancelor of Germany sitts on the right hand of the Emperour The Arch-bishop of Collen on the left hand The King of Bohemia hath his seat on the right hand of the Arch-bishop of Mentz and next him the Count Palatin of the Rhin The Duke of Saxony fitts on the left hand of the Arch-bishop of Collen and by him the Marquis of Brandenburgh Moreover when they us'd to go in procession with the Emperour 't was ordain'd in the Golden Bull that the Arch-bishop of Tryers shold go before his Imperial Majesty and neer him on both sides one of the Ecclesiastical Electors The King of Bohemia was to go alone after the Arch-bishops and after him the Elector of Saxony with the naked Sword of the Empire in his hand having on his right hand the Count Palatin of the Rhin carrieng the golden apple which denotes the world to be under the Roman Empire And on the left hand of the Duke of Saxony the Marquess of Brandenburgh was to march with a Scepter in his hand then followed the Emperour himself By what hath bin spoken the discern Reader may judg who had the priority of place the Count Palatin of the Rhin or the Duke of Saxony a Contest that hath gravell'd many The third Section Touching the stile title of Emperour or Caesar and of the King of the Romans c. COncerning the Character and title of Emperour it is of a younger date than that of King and among the Romans it was in the beginning given to him who was Commander in chief of the Militia nor was it neer of such a transcendency then as now it is He was at firstbut tutoyè he was but Thou'd when he was spoken unto but afterwards in regard he had the prerogative to conferr honors and offices to grant pardons and patents of grace with other obliging motives the Courtiers especially the Churchmen began to magnifie or rather deifie him with sublime attributs as we read in Symmachus in his Epistles to Theodosius and Valentinian wherin his stile unto them is Vestra aeternitas vestrum numen vestra perennitas vestra clementia c. then he began to be call'd Divus Imperator but touching the title of Majestas which was given ab augendo Imperium as was touch'd before or as some wold have it a majori statu it is an attribut of no great antiquity for it is not found among the old Authors and it came not till Henry the seconds time to France who is not us'd to be backward in assuming and applyengtitle of greatnes to her self But concerning the dignity of Emperour as heretofore so is he still accounted the prime potentat and Prince paramount among Christians and not only among them but the Turk next himself accounts the German Emperour the greatest Monark upon Earth and esteems him accordingly which appeer'd in the person of David Vngnadius who being not an age since Ambassador in Constantinople for the Christian Emperour and coming for audience to the Duana in the Seraglio the Perfian Ambassador had come before and got the chair but Vngnadius offering to go away ther was an upper chair put for him Another time upon the celebration of Mahomet the Thirds Circumcision which lasted forty daies nights ther being then in Constantinople the Legats of the greatest Monarks upon Earth yet Hee who was Ambassador at that time for the Emperour Rodulphus the second had alwayes the first place Some Civilians exalt the Emperour with divers transcendent titles wherof one is Dominus totius terrae the lord of the whole Earth That Caesar is Proximus Deo Caesar is next to God Almighty But though the Emperour be accounted the sole supereminent Prince in Christendom yet ther have bin other Kings who assum'd that title besides him Som of the Kings of Spain have bin call'd Imperatores Hesperiae King Edgar whowas row'd upon the river of Dee by fower Kings wherof the Scot was one had this title which appears upon good record by this bouncing Character Ego Edgarus Altitonantis Dei largiflua clementia Anglorum Basileus omniumque Regum Insularúmque Oceanique Britanniam circumjacentis Cunctarúmque Nationum quae infra eam includuntur Imperator et Dominus He was call'd also Albionis Imperator I Edgar by the bountifull clemency of the highthundring God King of the English Emperour and Lord of all the Kings Islands and seas circumjacent to Britain and of all the Nations included therin he was stil'd in another place Emperour of Albion Moreover the Realms of England was declared an Empire by Act of Parlement octavo Henrici octavi and in divers other Acts the
wheras a Boore or Plebean is condemn'd according to the quality of his offence to carry only a Chair from one County to another such a peculiar punishment ther was of old in France for wheras ther was a law call'd la loy de la chevelure that none shold wear long hair but the Nobles he who had committed any degenerous offence was adjudg'd to have his hair cutt off before the tribunal of Iustice and so was degraded from being a gentleman his honor going away with his hair and so made a Roturier or Yeoman The story tells us that the Emperour Frederique Barbarossa made Hermannus Count Palatin of the Rhin and ten Counts more to carry doggs above one German mile for the praedations and ill balancing of dollars with other insolences they had committed while he was in Italy warring with the Pope against whom we read he had twelve pitched battails Such another clash the Emperour Conradus had with Guelphus Duke of Bavaria who bore up a good while against him at last the Emperour recruting his Army with Italian Auxiliaries shut up the Duke in VVinsberga and beleagred him so close that he was ready to famish And the Emperour having bin provok'd so farr that he had vow'd to put all to fyre and sword The Duchesse being a comely couragious Lady went through the throng of the army into the Emperours tent and made such a flexanimous speech which so melted the Emperour that he publish'd a proclamation that for her sake all the Women of VVinsberga shold have safe conduct to depart and carry away upon their backs as much of their most precious wealth that they could bear Herupon the Dutchesse took the Duke upon her back and evry wife by her example her husband mayds and unmarried women took up their brothers and kindred and so all marched out The Emperour being much taken with this witty peece of humanity publish'd a generall act of Amnestia and so the Duke was redintegrated into his favor This memorable story I couch'd once into verse being a task impos'd upon me and the Epigram runns thus Tempore quo Bavarum superârat Roma Guëlghum Seria festivo Res fuit acta joco Conradus victor VVinsbergam oblesserat Vrbem Hinc fame Deditio facta premente fuit Matribus at miserans Bavaris sponsaeque Guelphi Induperator iis tale Diploma dedit Quaelibet ut Mulier tuto cum Rebus abiret Quas humeris posset sustinuisse suis Cum reliquis Comitissa novo Diplomate nixa Inde viros portant pondera grata suos Pendebant collo nati nataeque lacertis Sic abiit licita Faemina Virque fugâ Hac delectatus Caesar pietate pepercit Omnibus atque novum cum Duce faedus init But to return where we left another cause of the Empours decay was that being often reduc'd to som exigents for want of money they us'd to have recours to the richest Imperial towns for a supply who us'd to lend them money and the Emperours payed them their money back with immunities Many towns in Italy got their necks out of Caesars yoak this way and som of them very cheap as Florence for it cost her but six thousand Crownes and Luca ten thousand c. In so much that the liberties of most of the free Citties of Italy much more of high and low Germany sprung out of the necessities of the Emperours wherby their power as well as their glory did daylie decline Adde herunto that the Bishopps of Rome feather'd their nests from time to time with the Eagles plumes specially in Italy for besides the City of Rome and the Countreys adjacent such was the high reverence the Church had in those daies that many other territories were given to the Apostolical See and since by well devoted Princes Insomuch that the Pope is grown herby to he a great temporal Prince for the state of the Church extends above three hundred miles in length and about two hundred miles in breadth It contains the Dutchy of Ferrara Bologna Romania the Marquisat of Ancona Sabina Perugia with a part of Toscany the Patrimony of Saint Peter and Latium in these there are above 50 Bishopricks He doth signorize also over the Dutchy of Spoleto and the Exarchat of Ravenna he hath the Towns of Benevento in the Kingdom of Naples and the County of Venisse in France call'd Avignon he hath title good enough to Naples also herself and Calabria but rather than incurr the diplesure of the King of Spain his Champion and chief supporter of his Chair he is contented with an annual heriot of a white Mule with a pursfull of pistols about her neck He pretends also to be Lord paramount of Sicily Urbin Parma and Masseran as also of Norway Ireland and England since King Iohn did prostrat our Crown at Pandulpho his Legats feet His Dominions reach from one Sea to another viz. from the Tyrrhene to the Adriatique and these Territories run through the center of Italy which enables the Pope to do good or harm to the Princes about him and makes him capable to be an Vmpire or a potent Enemy his authority being mixt twixt secular and spiritual for he can use the sword and thunder-bolt of Excommunication at plesure And to return to our chief subject most of the Countreys pointed at before being feathers of the Eagle did much decrease her strength Moreover as the Roman Church did this way impair the power of the Empire so the Reformed Church and the difference of Religion in Germany did much enfeeble it For those Princes who turn'd Lutherans daylie encroach'd upon and impropriated the demeans of the Church which was a great support to the Emperour being more devoted to him than to the secnlar Princes But to go a little more particularly to work we will not rove in Asia and Afrique where so many mighty parts of the Continent fell from the Roman Empire nor will we look so farr back in Europe as to speak of the defection of Spain France and Great Britain which was the first Province that fell from Rome though indeed Rome may he sayed to have fallen first from Her being not able by reason of warrs she had in other Countreys to protect the Britains against the Picts as England sayes now in point of Religion that she had never fallen away from Rome unlesse Rome had fallen from her self I say we will not look so fart back but come to more modern Times since the Empire came within the German pale The Suisses were one of the last that revolted who being summon'd to the Imperiall Chamber at Spire they sent a rough hewn Ambassadors totell the Imperial Councel in these words Domini confaederati Heluetii vos vicinos suos salvere jubent mirantur verò quod tam crebris citationibus c. The Lords Confaederats of Switzerland do greet you their Neighbours but they wonder that by your so frequent citations you wold disquiet Them therfore they pray and exhort you