George Vanfittart, Efq.

Hon. Capt. Vaughan.

V.

W.

Moft Noble the Marquis of Waterford.
Right Hon. the Marquis of Worcester.
Right Rev. the Bishop of Worcester.

Rev. Dr. Wefton, Prebendary of Durham.

Matthew Blackett Wife, Efq. Lincoln's Inn.-2 Copies. John Woodhouse, Efq. Yatton Court, Herefordshire. John Woodhouse, jun. Efq.

Francis Woodhoufe, Efq.

Rev. James Woodhouse, M. A. Queen's College, Oxford. Mr. Wright, Berner's-ftreet.

Rev. Jofeph Wilkinfon, Carlisle.

Mrs. Wilkinson.

Mr. Watson.

Rev. John Williams, M. A. Marfton, Somersetshire.
Rev. John Wittingham.

Charles Worthington, Efq. Lincoln's Inn.—2 Copies.
Mr. Walter, Charing Crofs.

Rev. Bafil Wood, M. A. Upper Berkley-ftreet.-2 Copies.
Rev. Robert Whitehead, Queen's College, Oxford.

Brook Watson, Efq. M. P. Alderman.

Samuel Whitbread, Efq.

Thomas Wright, Efq. Alderman.

Mr. Wallace, Chrift-Church College, Oxford.

Z.

Le Comte Zenobio, Venice.

FROM THE DEATH OF CHARLES VI. UNTIL THE PEACE OF AIX LA CHAPELLE.

1740-1748.

CHA P. I.

The Vicariate of the Empire on the Death of
Charles VI. 1740-1742.

Bad profpect for the Interregnum, particularly respecting
the Vicariate
Family Compact between the Houses of Bavaria and the
Palatinate concluded in 1724

In which they agree to hold the Vicariate in common; but without the approbation of the Empire, which prevented the ufe of a common feal in the dispatch of business Neither was the establishment of a joint Aulic Court at Augsburg for the Vicariate of the Rhine approved of; fo that there was almoft a ceffation in the adminiftration of justice, except in the Aulic Court of the Vicariate of Saxony

Page

ibid.

5

CHAP

CHAPTER II.

Fate of the Pragmatic Sanction, until the Election of Charles VII. 1740-1742.

Claims of the House of Bavaria upon the Auftrian fucceffion,
to invalidate the Pragmatic Sanction, founded upon the
fo-denominated REGRESSIVE INHERITANCE; which,
however, were not admitted to the prejudice of those who
were the nearest related to the last of the male line
The right and order of fucceffion two diftinct things; and a
right of fucceffion, which once devolves to a particular
line, continues there fo long as that line exists
On this account, Maria Therefia, the daughter of Charles VI.
had a prior right to all the more diftant female defcendants
of the former Princes of her family

The ufual reservation, at the renunciation made by daugh-
ters, has effect upon their pofterity only, when the fuc-
ceffion devolves to them on the failure of male heirs
The Archdutchefs Anna, therefore, who was married into
the House of Bavaria, could only make a reservation in
favour of her pofterity, that her renunciation fhould be
no obftacle, when the Auftrian male line became extinct;
and not that they fhould have the preference before all
the other female defcendants, and even the daughter of
the last male heir; although feveral lawyers were of a
different opinion, from a misapplication of the principles
of the Roman law, respecting conditional renunciations
Maria Therefia, therefore, fucceeded according to the Prag-
matic Sanction, and undertook to exercife her right of
voting in behalf of Bohemia, to affift in procuring her
husband to be elected Emperor

But affairs took quite a different turn, by the King of
Pruffia's marching his troops into Silefia, in order to fup-
port the claims of his Houfe upon Jägerndorf, Liegnitz,
Brieg, and Wohlau

France effects an alliance at Nymphenburg, to procure the
Auftrian fucceffion, as well as the Imperial dignity, for

the Houfe of Bavaria

Capitulation at the Election of Charles VII. New Ordinances, particularly refpecting unequal Marriages. Diet of the Princes at Offenbach. Electoral Collegiate Refcripts.—1742.

Page

9

II

12

13

/14

15

16

Expected

Expected alteration in the Capitulation at the Emperor's
élection
Diet of the Princes called on that account at Offenbach
Oppofition of the Princes to feveral new articles, particularly
to one, refpecting some advantages granted to the Vicars
of the Empire

With other articles the Princes were contented; fuch as that
which was newly inftituted, respecting méfailliances, or
unequal marriages, which was grounded on ancient cuftom,
not only with regard to what are called MORGANATIC
marriages, where the inequality of the wife and children,
in point of rank, is acknowledged by agreement, but
alfo where no agreement is made

Against which no elevation of rank, without the consent of
the relations of the Houfe, can avail
Other principles seem to militate against this in the common
Roman and Canon Laws
The infertion of this new article in the Capitulation,
occafioned by the méfailliance of Duke Anthony Ulric of
Saxe-Meinungen

The article confirmed afterwards by a Decree of the Empire
But the exact definition of a méfailliance left to fome future
A&
Particularly whether the marriage of a Prince into a noble
family was one, which, according to the spirit of the Ger-
manic conftitution, certainly feemed to be fo
Since in the oppofite cafe the most important confequences
might be expected.

On these and other Collegiate refcripts there have hitherto been no deliberations of the Empire

CHAPTER

IV.

Remarkable Events during the Reign of Charles
VII. 1742-1745.

Short as this reign was,it was fruitful in events of great im-
portance
The Pruffian power in particular was confiderably augmented
by the addition of Silefia and East Frieseland
Eifenach devolves to the House of Saxe-Weimar, and Siegen
to the House of Orange-Naffau, although claims were laid
to the latter by another pretender
The Houfe of Holftein Gottorp's profpect of fucceeding to

the thrones of Sweden and Ruffia Decree of the Empire in favour of the Houfe of Heffe-Caffel, confirming its poffeffion of the County of Hanau, as well as its unlimited privilege de non appellando

32

33

ibid.

36

37

Several

Several new Princês created by the Emperor

Many other changes, which were further expected in the conftitution, prevented by the Emperor's death

Remarkable Events on the Succeffion of the Empe-
ror Francis I. to the Throne.

Peace of Füffin, between Auftria and Bavaria
Election and coronation of Francis I.

1745.

Admiffion of the Bohemian Envoy to the Diet, without fur

ther hefitation refpecting the electoral vote of a female Articles of the Peace of Drefden and Aix la Chapelle Both without the participation of the Empire, except that the Empire guaranteed the Peace of Drefden, but with refervation of its rights refpecting Silefia

The Empire only granted a fubfidy to the Emperor, and offered its mediation

New questions and ordinances refpecting the continuation of
the affociation of the anterior Circles; regulations refpect-
ing the alternate poffeffion of the Rhenish Vicariate
Renewal of the former connexion between the Imperial Crown
and the House of Auftria

The difficulty removed thereby, refpealing the archives of the
Imperial Aulic Council, as well as the change of that
Court under different Emperors, and the offices of Vice
Chancellor and Referendaries of the Empire

Tranfactions at the Diet, concerning Appeals and ceremonial Difputes. 1745-1748.

Appeals frequently made from the Decrees of the Imperial Courts of Judicature to the Diet; but it was difficult to determine in which cafes they were right

Four appeals made against the Imperial Chamber, which Occafion the queftion, Whether a report fhould not be first required from the Chamber?

Page

37

38

39 ibid.

40

41

42

ibid.

43

44

46

50

53

An apparent majority against it, but in fact more in favour of the queftion

54

An appeal in the caufe of Gleichen, from Saxe-Meinungen in particular, foon proved that even the facts, as related in the writings of the Princes, were not always to be depended upon