The Present State of Germany. Samuel Pufendorf

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.

       CHAPTER I

      Of the Origine of the German Empire.

      The ancient Bounds of Germany.

      1. GERMANY [Germania magna] of old was bounded |[to the East by the Danube, to the West by the Rhine]|,^a towards Poland¹ it had then the same bounds it has now, and all the other parts were washed by the Ocean; so that then under this Name, Denmark, Norway, and Sweden were included, with all the Countries to the Botner Sea;² which three Kingdoms [partes] were by most of the ancient Writers call’d by the name of Scandinavia. <This is still so in the case of Scania,³ the province first encountered by those coming from the Continent and, for this reason, first frequented by outsiders, whose name seems to have been extended to the whole peninsula.> But then, I think, the Countries on the East of that Bay [of Bothnia], were not rightly ascribed to, or included in, the bounds of the ancient Germany; for the <2> present Finlanders have a Tongue so different from that spoken by the Swedes and other Germans, as clearly shews that Nation to be of another extraction. To this I may add, that what Tacitus⁴ writes of the Manners of the most Northern Germans, will not all agree with the Customs