pofed the views and conduct of the Court of Vienna. Albert's inability to fucceed to a male fief by a female defcent, whilst any, the moft remote branch of the male line was in being, was infifted upon to be a legal fact of fo incontrovertible a nature, and fo firmly established by the conftitution, laws, and feudal fyftem of the empire, as precluded all argument and difcuffion upon the fubject. The pretence of a vacancy in the fief on the score of forfeiture, was encountered with equal energy. It was contended, that by the conftitution, laws, and established ufage of the empire, all the Princes had not only an unquestioned right to conclude family compacts and conventions for the fettlement or divifion of their eftates, among thofe who were entitled to remainder in their fiefs, but that the Emperor was alfo bound, in virtue of his place, to give an official fanction and confirmation to all fuch conventions.

Upon the whole it was infifted, that no pretence which had been offered, whether in regard to any quarrels that had arifen among the Princes of Bavaria on points of fucceffion, or any family divifion or arrangement they had made of their eftates, could afford the fmall. eft legal or colourable fanction to the Emperor Sigifmond, or to any o her, for attempting to ftrip them of their feudal rights and inheritance. But that if this ftrong ground were even given up, and that it fhould be admitted, that Sigifmond, by forfeiture or other wife, had fome well founded claim upon the Lower Bavaria; that claim or title would have been totally done away and invalidated

1

by a fubfequent act of his own, three years after the date of the investure and convention in quef tion. For a meeting of the Princes and states of the empire having been held at Prefburg, in the year 1429, who were affembled as arbiters to fettle the difputes, and put an end to the troubles which had for fome time agitated Bavaria; Sigifmond found it not only neceffary to drop all thofe claims which he had formerly made, whether in his own right or that of his fon-in-law, but to join in a definitive fentence, whereby the Princes of Bavaria were restored to or confirmed in all their rights; and this folemn act was executed without any oppofition from Albert of Auftria, who was both present, and an acting member of the af fembly.

The induftry with which the nature of thefe claims was investigated, through all the darkness and diforder of thofe diftant times, feemed to render it neceffary to the Court of Vienna, to strengthen them with fome additional fupport; or at leaft by multiplying the objects of controverfy, to prevent the public opinion upon the merits of the caufe from refting on any fingle point of decifion. Another claim was accordingly brought of a later date, but of the fame nature with the former. This was founded on a reverfion of the dominions in queftion, granted to the Houfe of Auftria, (of which he was himself the head) by the Emperor Mathias, in the year 1614. To this claim it was replied, that it was by no means unufual with the Emperors, times of difficulty and trouble, to endeavour to aggrandize their families,

in

families, at the expence, and in the wrong, of other Princes of the empire. That though they too often fucceeded in fuch attempts, they were, however, often foiled, which happened to be the cafe in the prefent inftance: the Emperor Mathias, after the example of his predeceffor Sigifmond, being obliged four years after, in 1618, to revoke, and utterly annihilate this

act.

The claims fet up in right of the Crown of Bohemia, to feveral parts or the whole of the Upper Palatinate, (for their extent, like thofe on the patrimony of Duke John, were by no means afcertained) as ancient fiefs appertaining to that kingdom, were not lefs controverted or opposed. It was contended, that thofe fiefs, fo far as the extent and direction of the claims were known, were inconteftibly the ancient domains of the House of Wittlefbach, and which had been for above five centuries incorporated with the Upper Palatinate; that even part of them were expressly named in the treaty of Pavia, where they are charged with a perpetual Fidei-commis to the Palatine Houfe, long before any foundation could be laid for the prefent pretenfions. That being thus an integral part of the Palatine poffeffions, they were (exclufive of all other rights, and waving the laws and eftablifhed ufage of defcent with refpect to fiefs, which were, however, fully fufficient to have established an irrefragable title) infeparably attached to that family by the 25th chapter of the golden bull, which fpecially provides for and ordains the indivifibility of that electorate. That if these pretenfions had even

a better foundation, they would notwithstanding have been entirely overthrown by the 4th article of the treaty of Weftphalia, by which it was exprefsly ftipulated, that the Upper Palatinate, of which the Electoral Houfe had only been ftripped by force, fhould return to it upon the extinction of that of Bavaria. And that this article was the more particularly and conclufively binding upon the prefent Queen of Bohemia, as her ancestor Ferdinand the Third, who was then in full poffeffion of all the rights of fovereignty belonging to that kingdom, was a principal contracting party to the treaty in queftion, and had not made the smallest exception with refpect to these fiefs.

We omit a fpecification of the claims made by the Houfe of Auftria to the principality of Mindelheim, to the allodial estates of Bavaria, and to various other poffeffions; as well as thofe which the Emperor laid by virtue of his official rights to feveral places and diftricts, which were represented as vacant fiefs, that had reverted and devolved to the empire by the death of the late Elector.

It could fcarcely be fuppofed, and probably was not expected, that in fuch a republic as that of the Germanic Body, the proceedings of the Court of Vienna, could pafs without difcuffion, if not oppofition. The difmemberment and fpoil of two great Electorates, including a number of adventi tious poffeffions, and involving many foreign claims and titles, and this done without any attention to the ufual forms effablished in fuch cafes, without waiting for any legal fanction or determination, and without taking the fenfe

of

of their co-eftates, the hereditary confervators and judges of all rights, and more particularly thofe of fucceffion, could not fail of feriously alarming all the Princes of the empire. Their tenures were all involved in the darkness, uncertainty, and frequent violence of early ages; their titles were to be fought for amidst all the rubbish of ancient jurifprudence, ftill more perplexed and confounded by local ufages, particular conventions, and family fettlements, which it would be now found difficult, if not impoffible, to trace ; and all the rights of a family, excepting thofe derived from prefcrip. tion, which were now fhewn to afford no fecurity, might depend upon a fingle record, buried in fome unknown repofitory, and in vain fought for until its difcovery perhaps became ufelefs. Nor were the claims upon which thefe proceedings were founded, by any means, even in the most favourable point of view, of that clear nature, which might ferve to palliate any irregularity or violence in the proceedings.

Befides this general effect, the Duke of Deuxponts, and the Electoral Houfe of Saxony, were deeply and materially affected in their refpective interelts by thefe tranfactions; as the Dukes of Mecklenburg alfo were, but in a leffer degree. The Electrefs Dowager of Saxony, as only fifter, and as the Dearest relation and heir of the late Elector of Bavaria, claimed a fole, and what was reprefented as an indifputable, right in the fucceflion to all the allodial eftates in that dutchy. Though this claim took in very confiderable territorial poffeffions, it was rendered of ftill

greater importance, by its comprehenfion of the purchase-money which had been paid by the Houfe of Bavaria for the Upper Palatinate. For that territory was maintained to be in actual mortgage to her, for the 13 millions of Florins which Maximilian had paid for it to the Houfe of Auftria; the money being not only to be fpecifically confidered as an allodium; but its being alfo fettled by the contract of fale with Ferdinand the Second, in the year 1628, that it fhould be reimburfed to the allodial heirs. As this Princefs ceded all her right in the allodial eftates to her fon, the prefent Elector of Saxony; he of, courfe became the acting party upon that claim in this contelt. The claims of the Princes of Mecklenburgh, which were proba-, bly founded upon the rights of fucceflion to a feparate fief, diftin&t from the family compacts of the Palatine line, were confined to the Landgraviate of Luchtenburg.

The Prince of Deuxponts loft, no time in protefting against the prefent proceedings, as well as against the late convention between the Court of Vienna and the new Elector of Bavaria; and in calling upon the Princes and ftates that compofe the diet, both in their original character, and as Guarantees of the treaty of Weftphalia, to interfere in the prefervation of his rights. Though the general voice of the empire feems, fo far as it could be known, to be on this fide of the queftion; yet it would have been little heard, and lefs attended to, had not one, louder and more aweful than the reft united, in fome degree commanded regard.

The

The King of Pruffia, who has a jealous eye upon every thing which may aggrandize the Houfe of Auftria, and having no com mon interest, as in the cafe of the partition of Poland, to tolerate trong acts in favour of that Houfe, undertook the fupport of the Princes who fuppofed themselves injured, and the defence of the rights of the Germanic body. His public acts and memorials, whether at Vienna or Ratisbon, were, however, tempered with the greatest moderation, and bore every appearance of refpect and deference, as well to the head of the empire, as to his auguft mother, whilft any hope of an amicable accommodation of the conteft feemed to remain.

On the contrary, the Court of Vienna was rather fupercilious in her manner, and affumed a high, haughty, and decifive tone. She knew her own rights; was the proper judge of them; and fhewed little difpofition to give any fatisfaction to others on the fubject. On the whole, though he did not entirely neglect to give anfwers to the strong memorials made againft her, yet he was charged with placing rather more reliance on her power than her arguments. In the first formal April 10th, answer which was laid 1778. before the Diet, to a memorial of the Pruffian minifter, the fubject of conteft was treated merely as a private arrangement -between the Court of Vienna and the Elector Palatine, in which no other ftate was concerned. The latter having acknowledged the claims of the former, an amicable accommodation relative to the fettlement and divifion of Bavaria,

accordingly took place; which af forded no juft ground for the interference of any third power, in a bufinefs which only properly concerned the contracting parties. That as this tranfaction did not bear the leaft fhadow of difmembering a Prince of the empire by force, as had been reprefented by the Elector of Brandenburgh, but was founded on juft pretenfions and a friendly agreement, his Imperial Majefty did not think himself any ways accountable to any Prince of the empire for the measures he had purfued. It concluded, in this early ftate of the controveríy, with a declaration, that the Emperor being thoroughly fatisfied of the justice of the caufe in which he had embarked, was determined to perfevere in the measures which he had adopted, and to fupport his pretenfions by arms.

It does not appear that the Court of Vienna was more difpof ed to admit the nature or foundation of its claims to the cognizance of the Diet. These were communicated only to the public through the letters patent which that Court iffued for taking poffeffion of the refpective territories in queftion; or through the medium of the anonymous publica tions in fupport or juftification of its conduct, which were circulated at Vienna and Ratifbon; and which were accordingly liable to any interpretation or difavowal that might be thought neceffary.

On the very day after the delivery of that memorial, which flated the friendly nature of the agree ment between the Courts of Vienna and Munich, another was prefented from the latter to the Diet, complaining of the late feizure of about

about twenty additional diftricts, by the Auftrians, and ftating the Elector's right to thofe places. The will of the late Elector of Bavaria was also laid before the Diet, which afforded the fulleft conviction, that that Prince not only confidered the fucceffion to his dominions to be as fully and inherently established in the Palatine line, as the warmest oppofers of the prefent measures could poffibly fuggeft, but that his inclinations alfo went along with the course of defcent; in confirmation of which he adopted a measure, which he perhaps was not legally enabled to do, by devifing all the allodial eftates of Bavaria to the prefent Elector. He alfo bound him and his heirs for ever, to maintain a conftant army of 10,000 effective men in that Electorate; a claufe which would have been equally futile and impracticable under the circumftances of the prefent fubftraction of territory.

The King of Pruffia was not lefs fervent in his direct reprefentations to the Court of Vienna, in favour of the Palatine line, and the other claimants of the Bavarian fucceffion, than he was induftrious in refuting its pretenfions, and laying open the dangerous tendency of the prefent measures before the Diet of the empire. That Court feemed, however, determined on its meafures, and both refolved and prepared to fupport them at all

events.

In answer to the preffing folici tations of that Monarch, for withdrawing the Auftrian troops out of the territories of Bavaria, and fubmitting the different claims upon that fucceffion to a legal enquiry and decifion, according to the

laws and conftitution of the empire; his minifter at Vienna received the following declaration, in the beginning of April, from the Imperial Court.

"That they would no longer continue difcuffing their own rights.

That they would not defift from keeping poffeffion of territories legally acquired. That justice fhould be rendered to all who had the leaft pretenfions to it, but that her Imperial Majefty would never admit that a Prince of the empire should arrogate to himself the authority of judge or tutor in his coprincipalities, or to contefl about their rights.-That the Court of Vienna knew how to defend, and even to attack him who durft prefume to do it.- That notwithftanding they fhould adopt every admiffible means, which could be judged proper, to maintain the general tranquillity."

This anfwer, which can scarcely be confidered as lefs than tantamount to a declaration of war, was not, however, fufficient to overcome that guard and caution, by which his Pruffian Majefty feems to have particularly regulated his conduct in this whole business. He ftill remonftrated, and ftill fought for explanation. At length the Court of Vienna yielded to fome general juftification of her conduct, and expofition of her intentions, in a memorial delivered by Prince Kau- May 7th.

nitz to the Pruffian minifter.

The principal ground of juf tification taken in this piece was, that the Elector Palatine had no complaint of that Court; and that the Prince of Deuxponts had no right to interfere in the business, during the existence of the prefent