XIV.

BOOK ftitution of the four Colleges of the Counts of the Empire, and the two benches of Prelates; and another particular form of government of this kind appears in the conftitutional Diets of the Circles which occafionally meet, particularly in Swabia, Franconia, and the Upper Rhine.

In the latter cafe it is frequently a difputed point, how far the Decree of a Circle can be a law to the individual members of it, or the Collegiate De cree of the Counts or Prelates, to individuals of their order; or, laftly, the Decree of a Canton or Circle of Free Nobility, to individual Knights in their respective territories; nearly in the fame manner as difputes may arife between the States General and fingle Provinces in the united Netherlands. The making of Chaufées*, or public roads, for inftance, has occafioned the question to arife, Whether they fhall be left to every proprietor in his own territory, or the neceffary regulations be made by a general Collegiate Decree ? Another question likewife has arifen, Whether the rights of confifcation are to be allowed to a whole Cantón or Circle of Free No. bility, &c.?

But difputes have even frequently arifen concerning their immediacy and feeedom in general, which in fome refpects ftill continue; as the proprietor of a noble eftate often pretends to be

*The best public roads in Germany, where the foil is not fufficiently hard, are paved for many miles. In the Hanoverian dominions his Majefty has expended many thoufands in this among other works of public benefit. The road from Hanover to HeffeCaffel, a distance of 80 English miles, is a caufey which would have done honour to the ancient Romans,

an

V.

an immediate member of the Empire, when he is CHAP. claimed by fome State as his fubject; or elfe a City, a County, a Principality, a Prelacy, a Commandery, and sometimes even a Village, pretends to be immediate, and a neighbouring State afferts his right to it as a part of his dominions. Several cities and territories have formerly been in the actual poffeffion of their immediacy, or at least of almost an equal de gree of liberty and independence; but have had the misfortune to be under the neceffity of fubmitting to the territorial fovereignty of fome other State.. This has been the fate of the cities of Mentz, Treves, Munfter, Paderborn, Donawerth, and Erfurt and even with whole territories; as the Seigniory of Afch, whofe proprietors, the Barons of Zedtwitz, were formerly in poffeffion of their immediacy, but have been obliged for some years past to acknowledge the fupremacy of Bohemia (a).

This converfion of an immediate member of the Empire into a mediate one, is called in the language of the laws of Germany an EXEMTION. It is faid, for inftance, that the House of Bavaria exempted the city of Donawerth, or diffolved its immediate connection with the Empire; and either cum vel fine onere, that is, whether the State becomes anfwerable for the contributions formerly paid by the exempted diftrict, or not. It is natural to fuppofe, that a tranfaction of this kind cannot legally take place merely by arbitrary power; and the question

(a) See p. 230, PUTTER's Cafes of Law, Vol. II. part IV. p. 829-964.

XIV.

BOOK is frequently difputed on both fides, either with he Fifcal of the Empire, or with the Circle, whether fuch an exemption be well grounded, or, which is the fame thing, whether the place has any legal claim to immediacy; as in the instance of the city of Treves in the year 1580, when its immediacy was difallowed by a Decree of the Emperor, with the concurrence of the Electors (a).

Some of these difputes refpecting exemptions have been adjusted by Treaty; fometimes by allowing the immediacy in the fulleft manner; as the King of Denmark acknowledged Hamburg, in the year 1768, to be a perfectly free Imperial City, on account of the Dutchy of Holstein (b); and the Abbot of Nerefheim was acknowledged by the Houfe of OettingenWallerstein, in 1763, as an immediate Prelate of the Empire. On fome occafions, Treaties of this kind have produced a certain reftriction of freedom, or different degrees of fubjection. Thus the Princes of Schwarzburg and the Counts of Stollberg, who although they are Princes and Counts of the Empire, yet the former are in fome refpects fubject to the different Houses of Saxony, and the latter to the Houses of Saxony, Brandenburg, and Brunswick, particularly with respect to appeals and the fupreme legiflative power. On the other fide, although the Prelacy of Ebrach in Franconia acknowledges the

(a) See Vol. II, p. 118.

(b) Busch's Affairs of the World in modern Times, 2d edit. 1783, P. 371.

territorial

V.

territorial fupremacy of the Bishop of Wurtzburg, CHAP. yet it is only in certain cafes, which are particularly expreffed, beyond which the exercife of the territorial fupremacy is not admitted (a).

The Princes

of Hohenlohe, as proprietors of the Seigniory of Gleichen, are subject to the territorial fupremacy of the Duke of Gotha; notwithstanding which, they enjoy certain privileges, fuch as their own chancery, a particular confiftory, &c. which the other Vaffals, and Provincial States of Gotha, are not allowed. The city of Hildefheim is under the fupremacy of the Bishop of that Diocese, and yet it is exempted from almost all his territorial rights. The city of Effen likewise became subject to the supremacy of the Abbefs of the foundation there, by virtue of a Decree of the Imperial Chamber in 1670, and yet it is not obliged to do homage, is exempt from the payment of taxes, and has its own criminal jurifdiction; although when a capital convict is condemned, the sentence must be enforced by the executioner in the service of the Princefs with a particular fword *, which is usually hung up naked in the Senate-House. That city likewife has ftill the right of appeal to the fupreme Tribunals of the Empire. In ecclefiaftical countries the members of the Chapters, except during a vacancy of the See, are mediate; yet they

(a) PUTTER's Cafes of Law, Vol. I. Part II. pp. 317.347

The ufual punishment in Germany for capital offences is beheading with a broad fword. The criminal is obliged to kneel, and the executioner seldom fails to perform his office with a fingle blow..

XIV.

BOOK are often in poffeffion of whole territories, with fuck privileges that the exercife of the territorial power of the government can scarcely be observed (a).

Confidering all these circumftances, and the great variety produced by them in the different States and territories of Germany, it is natural to imagine from the freedom they enjoy, that they have not all atrived to an equal degree of perfection. We may in this refpect obferve fuch a prodigious difference, that perhaps a greater variety of fortunate and lefs fortunate States cannot be conceived than may be met with in the Germanic Empire. There are certainly inftances of States having fubjects to govern, who answer the defign of their fituation by making the welfare of their countries the grand object of their wishes and most zealous labours; and how happy is the lot of those countries, whofe rulers are fortunate in the choice of their Counsellors and Ministers; and when the Sovereign, and those who are in office under him, difcover an equal zeal in the due adminiftration of juftice, in the appointment of able men to fulfil the duties of the church, and

(a) Thus the Chapter of Mentz are the proprietors of the city of Bingen and several villages, the market-towns of Hocheim and Flörfheim, and the villages of Mombach and Aftheim, and there are feveral villages belonging to the Deanery. The Chapter of Hildesheim poffeffes the bailiwick of Steinbruck and Wiedeloh ; and a part of the city of Hildesheim called the NEUSTADT does homage to the Dean as its fuperior Lord.

schools;