The Present State of Germany. Samuel Pufendorf

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The Present State of Germany - Samuel Pufendorf Natural Law and Enlightenment Classics

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dependance on the Crown of France].a

      Germany a free State.

      Now, because the German State [respublica] is commonly call’d the Sacred Roman Empire, I think it will be worth my pains to enquire [briefly], How it first obtained this Title? what it has gained by it? and by what Right it now enjoys that Name? for the clear understanding of which it will be necessary shortly to recapitulate the state the [ancient] Roman Empire [in the West]+ was reduced to before the times of Charles the Great.

      A short account of the Roman Empire.

      10. It is very well and commonly known after what manner the People of Rome, after they had by the Success of their Arms subdued the noblest part of the then known World, were at last, by the ambition of a <14> few over potent Citizens engaged in Civil Wars, and at length brought under the Dominion of a single person. But then Augustus the Founder of the Roman Empire (or Monarchy) when he had by the assistance of the Army gained the Empire, [perswaded himself, that he should easily keep it by the same way].b Therefore tho’ from thenceforward he seemed to leave some of the Affairs of the State to the disposal of the Senate, that it might still seem to have a share in the Government; yet he wholly kept in his own hands the Care and Government of the Army[, indicating the same by his adoption of the title Imperator]. But then it was his principal care to conceal from the Rabble of the Army, [as if it were the most important state secret, involving the most careful disguise,] That the Souldiers were the men who could set up and pull down the Emperors; which Secret, when it was once discovered, the State of the Empire became as miserable as the Condition of the Emperors.

      [F]or the Empire being weakened by frequent intestine Wars, found it self also often exposed to the worst of men by a covetous and turbulent Rabble, [which oftentimes most wickedly murdered her best Princes, to her great damage and sorrow]:a Nor could any of her Emperors after this entertain any hopes of firmly settling the Empire in their Families, but [was necessitated to be contented with a precarious Title amongst a parcel of mercenary Souldiers]:b So that in truth the whole power of making the Emperors, was in the Army, (which is the common Attendant of all Military Monarchies, [or] where a strong and perpetual Army is kept together in any one <15> place), and the Senate and People of Rome were weak and vain Names, made use of to delude the simple common People, as if the free and voluntary consent of the whole Body [universorum] had constituted the Emperor.

      That Kingdom [regnum], thus founded on a Military Licence, as it was unfit for continuance, was by Constantine the Great and Theodosius hastened to its fatal period: the first of these making Byzantium [(now called Constantinople)]+ the Seat of the Empire, and withdrawing the [strongest] Armies, which had till then been maintained on the [East of the Rhine<and the Danube>, for its preservation];c and the lat[t]er by dividing the Empire between his two Sons Arcadius and Honorius, soft lasie Princes, and neither of them fit for such a Command<, who were also much weakened by the dishonesty of traitors>. From thence forward there were two Kingdoms for one, and this Division was no way useful, but only for the fitting the Western part by separating it from the Eastern, to be the more easie Prey to the barbarous Nations.24 And accordingly, not long after this, an end was put to the Western Empire, and Rome was taken and sack’d by the <Herulians and> Goths which [i.e., Rome] before that had been deprived of all her Provinces by as good Right as she had got them, and now, in her turn, lost her beloved [own] Liberty, and became a part of the Gothick Kingdom.

      Rome for some time under the Greek Emperors

      11. After this, the Gothick Power being entirely ruin’d, Rome and a considerable part of Italy returned under the Obedience of the Greek Emperors, tho’ on the account of her former Majesty, and [for that Constantinople <16> was considered as the Metropolis; Italy]a was rather treated by them as an Ally [or equal] than as a subject Province. But however [in fact], the Supremacy was acknowledged to be in the Emperor of Greece who exercised it in Rome and those other parts of Italy which were under his Jurisdiction by his Exarchs. But by degrees the Popes became weary of this Greek Empire [as well]. They lay the blame however on the Misgovernment [wilfullness] of the Exarchs, and because some of the Greek Emperors were too severe against Images,25 which they [i.e., the Popes] yet judged a most useful Tool to instruct the Many [uneducated populace] in the Superficial Rites of Religion, which [i.e., the Many], as they said, was become incapable of receiving or bearing a more solid Piety; nor was it so profitable to the Priests, to let the People know, a good and holy Life would certainly please God. Perhaps also it was believed, the Church would be very much exalted in her Authority [splendoris], if the Pope could by degrees gain the Secular Empire, as he had already, in a good degree, assumed the Supremacy in Ecclesiastical or Sacred Affairs throughout the World. And in truth, it did not seem fit that he should live in subjection to the Slave of a Greek Emperor, (who sometimes was deprived of his Virilities)b whom God had in trusted with such Power [authority], as his own Vicar in the World, that he being freed from the Care of the Church, [might be at the better]a leisure to attend the Civil Affairs of the World, [and that they too had been delegated by God to the Pope],b if it had not been apparent, that the holy <17> minds of these Bishops [prelates] were so taken with the Pleasures of Divine Affairs, that they wholly declined the being concerned in these prophane Employments.26

      The Lombards feared by the Popes.

      But then, though the Greek Emperor was not much feared, both on the score of his distance, and also because he had enough to do to defend himself against the Saracens, [which then from the East fiercely and successfully attack’d the Empire];c yet the Power of the Lombards was more dreadful, and hung like a mighty Tempest over all Italy, and had almost made themselves Masters of the Suburbs of Rome. And the Pope not being able alone to grapple with this Enemy, could bethink him of no body that was able to succour the See of Rome in this exigence, but the King of France; and he too was very much disposed to it by the Prospect of that Glory which would attend the rescuing from Injury [of] that Person, who like an unexhaustible Fountain dispensed to all Christian Souls the Waters of Divine Grace. The Pope also had before-hand very much obliged Pipin the Father, and Charles the Son, by his ready consenting, That Chilprick King of France should be shaven and turn’d into a Monastery:27 Which could never be equally recompensed by those Princes, who might otherwise have had painful Scruples of Conscience to perswade themselves, That a Subject might lawfully shave his Prince, and make him, of a Monarch, become a Monk, who was guilty of no other fault, but his having committed more Power to a Potent Minister, than was consistent with the safety <18> of his Crown and Kingdom. And in this the FATES strangely befriended the French in giving them so plausible a pretence of invading and possessing {our}a Italy, which has alwaies [been courted by the Ultra-montane Kingdoms].b

      Charles the Great Subdues the Lombards, and is made Emperor,

      12. After then that Charles the Great had subdued all that part of Italy which was before subject to the Lombards, the Pope (who had a good share of the Prey) that he might shew his gratitude, and assure himself for the future a Potent Defender, declared Charles Emperor and Augustus, with the Approbation of the People<, at least as first citizen and head of that city’s clergy, which commonly participates in such inaugural activities>.

      Now it is not easie to conceive what Charles got by this Title; in truth Rome long before this was not the Seat of the ancient Roman Empire,28 being made first a Part of the Gothick Kingdom, and after that of the Eastern Empire. And therefore the Romans could not give that to Charles, which heretofore belonged to the Western Empire: for all that [Right was determin’d by

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