Great advantage of the Germanic conftitution, that a legal
refort is open against every member of the Empire
Even in favour of the fubject against his territorial lord
The creditor against any of the States who are his debtors,
particularly in the fo-denominated DEBIT COMMISSION
Though it is to be wifhed that fome regulation was made by
the Legislature, refpecting the appeals to the Diet against
unfavourable decrees of the Courts of Judicature, which
would be attended with fome difficulty
But until fome regulation is made, the refult of every appeal depends upon the majority of votes in the three Colleges of the Empire
Further Remarks on Electoral Congreffes.-Diets
of the Circles, and Separation of the two Parties
of Religion, or Jus eundi in partes.
Befides the three places, Vienna, Ratisbon, and Wetzlar,
where the conftitution of Germany is always confpicuous,
it occafionally appears at an election of a King of the
Romans, or Émperor; in the Deputations of the Empire,
and particularly the Vifitation of the Chamber
Separate Collegiate meetings may be held likewife, as has
been frequently the cafe with the Electors and Imperial
cities, particularly with the ancient fecular Princes, Pre-
lates, and Counts
The Diets likewife of the Circles, connected with the consti-
tution of the Empire, especially thofe of Swabia, Fran-
conia, Bavaria, and the Circles of the Rhine, as well as
the feparate deliberations of each party of religion, which
the Proteftant Body has had the greatest reason to have re-
course to, on account of the majority of votes of their
antagonists, and their intolerant principles
Although the enlightened Catholics are of a different per-
fuafion, yet the fources of intoleration are not entirely
destroyed; of which the effects hitherto produced, and
the apprehenfion of them in future, are unavoidable
Notwithstanding this, a hope ftill arifes, that the Germanic
Empire may afford an example to other nations, of the
harmony which may fubfift between adherents to different
religious perfuafions in the fame country
Remarks on the Ordinances enacted by the Diet, or the Imperial Court, how far they are neceffary at prefent in the Government of the particular States of Germany, and the Effects which they produce.
Almost all the German territories are individually governed according to their own convenience, and not with any uniformity with the government of the Empire in general 266 At furtheft, fome regard may be paid to the neighbouring States, or conftitution of the Circles
General Decrees of the Empire on subjects which immediately concern the internal conftitution of the particular States, much lefs frequent, and more difficult to accomplish
This circumftance occafions the diftinction between the dif-
ferent territories conftantly to increafe; from which very
fortunately a great advantage may be derived
Certain referved rights of the Emperor, which still come
into confideration here, as the Emperor's right of con-
ferring titles of honour throughout Germany, the right of
appointing Counts Palatine of his Court and Notaries
The tolls no longer his; but no State can establish them
without his confent; as well as the right of coinage,
founding universities
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Some rights difputed, or fubject to certain regulations; as
the establishment of annual markets and fairs, munici-
palities and guilds, Letters of Refpite
In fome cafes, a concurrence of certain Imperial and terri-
torial rights of fovereignty; as in declaring infants out of
their minority, and legitimating natural children
An Imperial grant for all Germany can have no effect in
the countries of particular States
Particular circumftances refpecting the privilege of printing
A determined line drawn between the referved rights of the
Emperor, and territorial rights of the States
The States of Germany confidered almost upon an equality
with the other States of Europe, with refpect to their
rights of government; as, of making war, leagues, re-
prifals, and reciprocal Treaties of every kind
The particular States of Germany, on this account, not to
be omitted in the lift of European powers
Offices of state more numerous, and from other causes, than
among other powers
Even laws of the Empire may eftablish certain restrictions of territorial fovereignty
Singular remains of the ancient Advocacies in some of the ecclefiaftical countries, and in fome Imperial cities
Particular Sources of the great Variety among the
States of Germany.
Frequent inftances of feveral States devolving, by different
means, to one Sovereign; which has had a confiderable
influence on the increase of power of feveral Houses, as
well as upon the conftitution of the countries them-
felves, particularly in those where the Sovereigns are not
refident
Several ecclefiaftical territories frequently united under one
Sovereign, by accident, and only during his life
The fame circumftance likely to occur fometimes in fecular countries, in the cafe of the appointment of a guardian, or a DEBITCOMMISSION
Younger children who enjoy appenages, and widows, or
heireffes, may undertake the government
Many countries, on the contrary, have feveral Sovereigns,
who are jointly in poffeffion of the government, or enjoy it
alternately
Singular regulation of fome countries being in the poffeffion
of the younger branches of a House, who are subject in
certain refpects to the elder
Another kind of dependance of the territories of individuals
among the free Nobles, or Knights of the Empire, upon
whole Cantons or Circles
Of the countries of the States on the Collegiate measures, or
Decrees of the Circle
Difputes fometimes concerning the state of immediacy and freedom of certain members of the Empire, or EXEMTIONS STREITIGKEITEN, as they are called; by which many who confider themselves as immediate, become mediate
In fome cafes, different degrees of freedom, or subjection,
determined by treaties
Among fo great a number of different States, a great va-
riety of more or less fortunate countries, as well as terri-
tories of the free Nobility, and Imperial cities
Upon the whole, many advantages evidently in favour of
the Germanic conftitution
A circumftance which may animate every German, by affording him chearful profpects for futurity
HISTORICAL
DEVELOPEMENT, &c.
Eighth Period of Modern History.
FROM THE DEATH OF CHARLES VI. UNTIL THE
PEACE OF AIX LA CHAPELLE.
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 agreed to hold the Vicariate in common-But without the approbation of the Empire-Which prevented the use 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-So that there was almost a ceffation in the administration of justice, except in the Aulic Court of the Vicariate of Saxony.
THE death of Charles VI. forms a remarkable A. C. 1749.
epoch in the history of the Germanic Empire, be
cause it suddenly broke the line of the Emperors of
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