522 
GERMANY. 
the diet, particularly when any thing is in queftion which 
is to have the.force of law throughout the empire, and 
the weight of which is likely to fall upon the dates 
themfelves, the balance feems more in favour of the 
dates than of the emperor. On this account it almoft 
as frequently happens, that a motion is made on the fide 
of the dates, which they endeavour to bring to a con- 
clufion of the empire under the emperor’s authority, as 
tliat the emperor himfelf propofes any thing which re¬ 
quires the confent of the empire. In this refpeiSl we 
find that the relation between the emperor and the diet 
is totally different from that in which the king of Great 
Britain dands to the parliament, or the king of Sweden 
to the diet. There thofe who have a feat and voice at 
the diet are only private perfons; whild here the dates 
are adlual fovereigns of a country, in their own right. 
Even the congrefs of North America confids only of 
deputies from the united dates, each of whom is de¬ 
pendent on the date which fends him, and bound to 
comply with its indrudlions: the dates of Germany, 
on the contrary, are adtual rulers of thofe countries, 
from the poffeflion of which they derive their feat and 
voice at the diet. The votes themfelves are given as 
they pleafe ; or when they depute others for that pur- 
pofe, as their plenipotentiaries, it remains always in 
their power to diredf how they fhall be given. 
“ Befides the opinions or refolutions which the dates 
may form among themfelves, it is certainly necelfary for 
the emperor to give his approbation before a decree of 
the empire can have its legal force, or the rights of 
majcdy be exercifed throughout Germany. Yet there 
are cafes where a joint refolution of all the dates of the 
empire together, or of a certain number of them, may 
have its due efficacy without the emperor’s confent ; 
as in this manner, feveral of the dates have united, and 
entered into a fort of treaty with each other, more than 
once, rcfpecting the dandard of coinage, which they 
have fettled themfelves. 
“ If we confider the peculiarities of the Germanic 
conditution, as it was firmly edabliffied by the peace of 
Wedphalia, we fhall find that one of its greated advan¬ 
tages is, that when every thing is in its proper order, 
each individual territorial lord has fufficient opportu¬ 
nities of doing good ; but that if, on the contrary, he 
is inclined to injure his country, either the provincial 
ilates may interfere to prevent him, or elfe his fubjedls 
in general, or any individual among.them, may feek re- 
drefs from one of the fupreme tribunals of the empire. 
Upon the whole, therefore, it is certainly a happy con- 
ft.tuticn, by which fuch provifion is made to prevent 
tlie appiehcnlion of ill confequences attending the ter- 
litoria! fovereignty, divided as it is in fo many hands, 
which of co-urie cannot be fuppofed'to be guided al¬ 
ways with the fame degree of wfifdom and'goodnefs of 
heart, as might otherwife be expedted, confidering that 
the little tyrants of a confined didridt are often more 
dangerous than great tyrants in extenfive territories. 
“ There are two rocks however dill remaining, pe¬ 
culiar to the Germanic conditution, which our reigning 
princes,, and ihofc who are in expedfation of power, 
cannot be fiifficiently careful to avoid. The German 
word landijhtrr (territori&f lord) feems once to have con¬ 
veyed an idea that they were acdual lords of their coun¬ 
try, in the. fame manner as th« proprietor of an edate 
confiders it as his own property, (-q be difpofed of and 
managed .as he pleafes. The anceftors of the prefent 
dates of the empire might certainly be originally confi- 
dered only as the polfelforsof large edates, though they 
have fince gradually acquired the charadlei of .adfual 
fovereigns. As they are therefore now in that capacity, 
they mult not any longer imagine that their ternaries 
are merely for their own ufe, that a number of flav«u; 
wait for their commands, and that only rights, and no 
obligations, are connedled with their elevated rank; 
but they ought to recylledt, that, as rulers, they have 
real duties to difeharge, which ought Only to tend to 
render their country, happy, and to promote the fecurity 
and welfare of their fubjedls."—See Dornford’s Tranf- 
latior, of Putter’s Germanic Empire. 
Such is the liberal and fatisfaftory explanation of 
that dngular conditution of the Germanic dates, which 
has puzzled numerous writers and legidators ; and in 
which the liberties and franchifes of both lords and 
commons, appear to be amply provided for and legally 
fecured. Innovations, however, will from time to time 
creep into every date, and are found druggling againd 
edabliflied forms and maxims even in the bed regulated 
focieties ; and therefore ought always to be guarded 
againd with patriotic firmnefs. 
The origin of electors is not well known ; fome refer 
it to an edidt of Otho III. condrmed by Gregory V. 
about the year 996. But this opinion is contradidted 
by the whole tenor of hidory. From the earlied pe¬ 
riod in the hidory of Germany, the perfon who was to 
reign over all, was eledted by the fuffrage of all. Thus, 
Conrad I. was eledted either by all the princes and chief 
men, or by the whole nation; in 1204, Conrad II. was 
eledted by all the chief men, and his eledtion was ap¬ 
proved and confirmed by the people ; and at the elec, 
tion of Lotharius II. in 1125, fixty thoufand perfons of 
all ranks were prefent, and he was named by the chief 
men, whofe nomination was approved by the people. 
Others refer it to Frederic II. who died in 1250. The 
fird author who mentions the /even eleSors is Martlnus 
Polonus, in this reign ; and this redridtive privilege 
was probably obtained by degrees. The princes of 
greater authority were fird allowed to name the perfon 
whom they wiffied to be chofenemperor, and the people 
retained the right of approving or difapproving the no¬ 
mination ; and when they had fec.ured the right of 
voting fird, or of prtetaxation as it was called, it be¬ 
came needlefs for the inferior ecclefiadics or barons to 
attend, merely to confirm their choice; more efpe- 
cially as their attendance would become troublefome 
and expenfive. Befides, the affiimed privilege of the 
feven eledtors, who pofTeded the mod extendve territo¬ 
ries, was drongly fupported by their numerous depend¬ 
ents and allies ; and they were conddered as the repre- 
fentatives of all the orders which compofed the higheft 
clafs of German nobility. See Robertfon’s Hid. ch. v. 
—Others have aferibed the origin of eledtors to Ralph 
of Hapiburgh, founder of the houfe of Audria, in the 
year 1280. It appears from tlie above account tliat 
their number was unfettled, at lead till the time of Fre¬ 
deric II. in the thirteenth century. The golden bull, 
publiffied by Charles IV. in 1356, fixed the number of 
eledtors to feven; three of them ecclefiadics, viz. the 
archbiffiops of Mentz, Treves, and Cologne ; and four 
feculars, viz. the king of Bohemia, the count palatine 
of the Rhine, the duke of Saxony, and the marquis of 
Brandenburg. By the treaty of Munder, in 1648, this 
order was changed ; the duke of Bavaria being put in 
the place of the count palatine, and an eighth electo¬ 
rate eredted for the count palatine. In the year 1692, 
a ninth eledtorate was created by the emperor Leopold, 
in favour of Erned duke of Hanover, under the title of 
eledtor of Bfunfwic. Some oppofition was made to this 
eledtion ; and the princes of Germany dood out for 
fome time, and refufed to acknowledge it. But they 
afterwards acquiefeed in it, and it has been dnee recog- 
nifed by all the foreign princes. The king of France 
did it at lad by the treaty of Radadt, in 1713. The 
changes that have taken place in Germany within thefe 
lad ten years, but chiefly after the treaty of Luneville, 
have dilpofleffed fome eledlors, and added others; fo 
that the number is now ten, as dated in p'. 395.—-The 
eledtors had not only the power of choodng the empe- 
’■or, but they have adlually exercifed that of depodng 
Thus they depofed Adolphus of Nalfau in 1298, 
and 'v^enceflaus in i40G See p.’483, 485. 
The 
