The Present State of Germany

Chapter III. Of the Origene of the States of the Empire; and by what Degrees they arrived to that Power they now have

80 u c h a p t e r i i i u Of the Origine of the States of the Empire, and by what degrees [stages] they arrived to that Power they now have. 1. For the attaining an accurate knowledge of the German Empire, it is absolutely necessary to enquire by what steps those that are called the States [Estates] of the Empire arrived to the Power they now possess;for without this it will not be possible to see what was the true cause that this State [the Empire] took such an irregular form.1 Now these States are Secular Princes, Earls, Bishops, and Cities, of the Rise of each of which we will discourse briefly. The Secular Princes are Dukes or Earls [Counts, Grafen], who have to these Titles some other added {in the German Tongue}, viz. Pfaltzgrave , Landtgrave, Marggrave, and Burggrave; for to the best of my remembrance, none of the ancient Princes, except he of Anhalt, has the simple Stile of a Prince [princeps, Fürst], without one of these Additions; yet some of them use the Title of Prince amongst their other Titles. Thus they of Austria are stiled Princes of Schwaben; the Dukes of Pomerania (now under the King of Sweden) the Princes of Rugen [Rügen]; the Landtgrave of Hussia [Hessia] and Hers- field, &c. 1. This is the first mention of the empire’s irregular (or monstrous)form; seeVI.9. The Secular Princes of the Empire are either Dukes or Earls. origine of the states of the empire 81 2. Amongst the ancient Germans,2 before they were subdued by the Franks, a Duke [dux] was a meer Military Officer; as appeareth plainly by the German word Heerzog, who for the most part were chosen on the account of their Valour, when a War was coming upon them: In Times of Peace, those that governed them, and exercised Jurisdiction, and governed their Cities, Districts, and Villages, were for the most part chosen out of the Nobility, and were called Greven, or Graven, which is as much as President [praeses], though the Latin word Comes is more often used for it; because from the time of Constantine the Great downward , those who were employed in the Ministry or Service of the Court, in the command of the Forces dispersed in the several Provinces of the Empire, or in administring Justice and the execution of the Laws, were all stiled Comites. After this, when the Franks had subdued Germany [Alemannia], and were become Masters of all its Provinces, they, after the manner of the Romans, sent Dukes to govern the Provinces in it, that is, Presidents to govern them in Peace, and command their Forces in time of War: And to these they sometimes added Comites, for administring Justice; and some ProvinceswereputunderComites only,and had no Dukes; but then all these that were thus employed by them, were meer Magistrates; but in length of time, it came to pass, that some persons were made Dukes for their Lives, and the Son for the most part succeeded the Father: So that having so fair an opportunity in their hands, of establishing themselves, they began [gradually to have less respect fortheauthorityof kingsand]tolookontheirProvinces[entrusted to them] as their Patrimony and Inheritance.a Nor can a Monarch commit a greater Error than the suffering these kinds of Administrations to become hereditary, especially where the a. Thus, dux ⳱Herzog ⳱duke, comes ⳱Graf ⳱earl or count, princeps ⳱Fürst ⳱ prince, and baronus⳱Freiherr ⳱baron. [Ed.] 2. According to Breßlau, Pufendorf errs in referring the Frankish title of Grafen (earls, counts) to pre-Frankish times, when Fürsten (principes) were in charge of the various municipalities (Monzambano,ÜberdieVerfassung, trans.Breßlau,54,note1). The old German Dukes military Officers , as Their Grevens or Earls were Judges in times of Peace. The Dukes and Earls made Officers for their Lives, and at last became hereditary Proprietors . 82 chapter iii Military Command is united to the Civil: And therefore I can scarce forbear laughing when I read this Custom, in some German Writers,3 defended, as commendable and prudent; for it is the Honour of aPrince to reward those who have deserved well of him: But then, if a Master should manumise all his Servants at once, I suppose he might, for the future, make clean his Shooes himself: A Father may be the fonder of...