ART. VI. An historical Development of the prefent political ConAitution of the Germanic Empire. By John Stephen Pütter, Privy Counfelior of fuftice, Ordinary Profeffor of Laws in the Univerfity of Gottingen, Member of the Academy of Sciences at Berlin, &c. Tranflated from the German, with Notes, and a comparative View of the Revenues, Population, Forces, &c of the refpective Territories, from the Statistical Tables lately published at Berlin, by Jofiah Dornford, of Lincoln's Inn, LL.D. of the Univerfity of Gottingen, and late of Trinity College, Oxford. Vol. III. 8vo. boards. 7s. pp. 450. Payne and Son. London, 1790.

THIS volume commences with the eighth period of mo

dern history, or that which intervened from the death of Charles the Sixth, in 1740, till the peace of Aix la Chapelle in 1748. The house of Bavaria now preferred claims on the Auftrian fucceffion, founded upon the principle of regreffive inheritance; but they were not admitted to the prejudice of those who were the nearest related to the laft of the male line. Maria Therefa, therefore, fucceeded, according to the Pragmatic Sanction, and undertook to exercife her right of voting in behalf of Bohemia, to afiift in procuring her husband to be elected em

peror.

Short as the reign of Charles the Seventh was, it was fruitful in events of great importance. The Pruffian power, in particular, was confiderably augmented by the addition of Silefia and Eaft Friefland. The territory of Eifenach devolved to the houfe of Saxe Weimar, and Siegen to the houfe of OrangeNaffau, though claims were laid to the latter by another pretender. A profpect was opened to the houfe of Gottorp, of fucceeding to the thrones of Sweden and Ruffia, and a decree of the empire, in favour of the house of Heffe-Caffel, confirmed its poffeffion of the county of Hanau, as well as its unlimited privilege de non appellando.

The events on the fucceffion of the Emperor Francis the Firft, in 1745, come next under our author's obfervation. Within this reign falls the ninth period of modern hiftory, extending from the peace of Aix la Chapelle in 1748, to the election of Jofeph II. king of the Romans in 1764. The most remarkable occurrences are, alterations in the coinage, religious grievances of Hohenloke, difturbances among the Catholics at the court of Vienna, and the memorable war of feven years. The great defects in the military eftablishment of the empire will appear from our author's obfervations in the following ex

tract:

The military establishment of Germany cannot be placed in a clearer point of view than in the obfervations which were occafioned by the defeat of the army of the empire at Rofsbach. The grand circumftance to be confidered is the obligation every ftate is under to provide his own contingent with every neceffary article even in the field. Many regi ments are compofed of the contingents of feveral ftates, each of which has a particular commiffary, or entrepeneur; its own baggagewaggons, ovens, hofpitals, &c. It is impoffible, therefore, for the army to have any regular magazine, because the commiffaries cannot keep their ftores together, and on that account require feveral feparate buildings; and it fometimes happens that they are neither vided with bakers nor ovens, but are obliged to run over the country to ask leave from the peasants in the villages to bake their bread; fo that the foldiers of course have their bread of a bad quality, halfbaked, and very unwholesome.

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A fingle regiment, which is raised by ten or twelve different ftates, mult fend to as many different places for bread. The number of waggons used by the army is not fufficient for the purpose; of courfe others must be procured from the peasants of the country. The confequence of which is, not only a great expence, but it inevitably follows that, in the fame company, one foldier has good bread, and another bad; nay, he may even itarve, while his comrade enjoys a belly-full, which occafions incredible jealoufies among the privates. Another inconvenience is, that the army is never supplied with bread at the fame time, because one contingent receives their allowance to-day, another to-morrow, and a third, perhaps, the day after. The commanding officer, therefore, can never know, with any degree of certainty, whether his army is provided with bread for any number of days or not; fo that, if he has any plan in agitation, it is impoffible for him to keep it fecret; he must disclose it to a number of officers, because one man, who has only ten or twelve men, which are fent by one state, must know what previous preparation to make, as much as he who has to provide for a thousand. It frequently happens, likewife, that the men are in want of bread; the commiffaries are out of the way, conceal themselves, and very often are not to be found at all. Of course, therefore, if the men are not affifted from the general army stock, most of them muft literally die for want of the common neceffaries of life. In cafe, moreover, of a file or detachment of men being fent on any expedition, if there are no more than fifty in number, and it may very often happen that every man is fent by a different state, no less than fifty commiffaries mult accompany them to fupply them individually with provifions; and then, perhaps, there are not conveniencies enough, which is often the cafe, for carrying the bread, when it is required for any time, in a fudden and unexpected march. Another inconvenient circumftance is, that the privates neither receive their pay at the fame time, nor in the fame proportion; the inevitable confequence of which is, that thofe who have a smaller pay than their comrades are difcontented; and those who receive their pay for whole weeks and months, perhaps, at once, fpend it, in the courfe of a few days, in drinking, and then have

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recourfe to ftealing, or living on the public. Befides this, almoft every circle, if not every individual state, has a particular hofpital; so that the fick and wounded are difperfed in villages at a distance from each other, and are of course neglected or left to a diffipated life, and are obliged to have recourfe to illicit practices.

It has been obferved also, that, in order to keep the army of the empire in better regulation, the commanding officers of the regiments ought to have more authority, and be at liberty to discharge fuch adjutants, quarter-mafters, and other officers, as are unfit for fervice, or neglect their duty; and have full power to compel the fuperior officers to pay a rigid attention to military difcipline. It is neceffary, moreover, that each regiment should have every thing requifite for its equipment, as fhoes, stockings, &c. in a fufficient quantity, always at hand; that every battalion should be provided likewise with the inftruments neceffary for making intrenchments, &c. of which they are daily in want, to prevent their taking them by force from the poor peafants, or paying an exorbitant price for them, which very often delays the troops in their march, or else they are exposed to the greatest danger for want of the proper precautions of throwing up works to protect themselves; that every battalion fhould be provided with a baggage-waggon and able horfes to carry the various neceffaries for the army during a campaign; and another waggon, or packhorfes, to follow with the tents, that the troops may not be obliged to lie upon the ground in the open air, and run the risk of their lives; that every battalion fhould have two field-pieces of cannon of the fame weight, with a fufficient number of artillery-men and horses to each; but principally, that their muskets should be uniform, and of the fame bore; a circumftance in which fo much negligence was obferved at the battle of Rofsbach, that of a hundred mufkets, not above twenty could be fired. As long as fuch defects as thefe, and God knows how many more, are not remedied, every honeft German, when he confiders their importance, muft join in the fervent with, that the Holy Roman Empire may be long preferved from the fate of war!'

The tenth period of modern hiftory begins in 1764, when Jofeph the Second was elected King of the Romans. Formerly, when a king of the Romans, or an emperor, was elected, it was ufual for him to be perfonally prefent in the conclave, that he might at the fame time not only accept the dignity, but take the oath to obferve the capitulation fubmitted to him. At the three preceding elections it was fettled, that an ambassador from the new emperor, who was prefent in the conclave, fhould take the ufual oaths to obferve the capitulation in the emperor's name. Notwithstanding this, his imperial majesty, when he makes his public entrance, muft perfonally take the oaths, and from that day the vicars of the empire refign the adminis

tration.

Our author obferves, that, as there had been these precedents, there could be no objection, at the election of a King of

the

the Romans likewise, to the dignity being accepted, and the oaths being taken to obferve the capitulation at the same time. But at the preceding elections of a King of the Romans, it was customary for the prince, on whom the election fell, to request the confent of the reigning emperor, who was prefent, and generally his own father, before he declared his acceptance of the dignity. At prefent, that these two perfonages might not have the trouble of attending in perfon, it was fo fettled, for the first time, that Prince Lichtenftein, who on that account acquainted the Elector of Mentz of the full power he was invested with, was invited immediately after the election, by one of the Elector of Mentz's envoys, to the conclave, and gave the emperor's paternal confent in his name; a method which, it is probable, will be obferved in fimilar cafes in future.

The principal courts of Germany never discovered fo much zeal and unanimity, on any occafion, as in the wish, which they expreffed at the congrefs of election, that the vifitation of the Imperial chamber at Witzler, which had been fo long defired, might at last be seriously attended to. This zeal was fully revived, when Jofeph II. immediately after his acceffion to the Imperial throne, difcovered the most laudable inclination to promote regularity and expedition in the administration of jus tice. In 1766 he iffued an ordinance, containing the most falutary regulations to be obferved by the Aulic council in legal proceedings. The vifitation of the Imperial chamber became afterwards the fubject of great attention, and the various steps concerning it are diftinctly related by the hiftorian.

It appears, from Mr. Pütter's very accurate Development, that the conftitution of the Germanic empire remains, at prefent, with respect to its principal features, in the same form that it affumed at the peace of Weftphalia. In many respects its foundation, fince that time, has been more ftrengthened, though it has occafionally likewise received fome violent fhocks. The whole Germanic empire is ftill united under one common fupreme head; but the circumftance of its confifting of many distinct and separate states, which stand almost in the fame relation to each other as the different states of Europe, has acquired weight with the lapfe of time fince the peace of Weftphalia. This circumftance even now frequently renders it difficult to observe the unity of the empire, which ftill continues. The unity, indeed, is only immediately obvious at the emperor's court, the diet, and the Imperial chamber; at Vienna, therefore, Ratisbon, and Wetzlar. Our author makes fome observations, tending to give a farther knowledge of these particular places, and which throw fome light upon the prefent conftitution of the empire in general.

One great advantage of the Germanic conftitution is, that a legal refort is open against every member of the empire. Of this invaluable privilege our author gives the following ac

count:

The general bond which fiill unites the Germanic empire in the manner hitherto defcribed, under the emperor and empire, and the fupreme tribunals, notwithstanding its divifion into so many separate territories, is confiderably ftrengthened, and a grand object of the whole conflitution obtained, by the circumftance that, notwithstanding the variety of states and members of the empire, amongst whom the right of felf-defence would foon give the ftrongest power the ad. vantage, no felf-defence is permitted; but the way is open to every individual, without diftinction, to procure his right by legal means, and obtain justice, when he finds himself aggrieved.

Thus the difputes which one ftate may have with another, and which, among independent powers, can only be decided by recourse to arms, are adjufied by the fentence of a court of judicature. The fecurity of the fubjects of an independent ftate depends entirely upon the juftice they procure in their own country; whereas, in the Germanic conftitution, there are means open to the subjects themselves, to feek protection from the oppreffive power of their fovereign in a fuperior judge; whether they have recourfe to appeals in private lawfuits (where they are not reftricted by particular privileges granted by the emperor), plead the invalidity of proceedings, complain of the delay of juftice, or bring their action immediately against the fovereign himself, which they are at liberty to do, in all cafes of an abuse of his territorial power; whereas in independent ftates there is no alternative but patience and obedience to avoid the greater evils of rebellion and civil war.

In this point of view, the inftances of ftates of the empire, who abuse their territorial privileges, being made to feel that they are not independent by a fuperior power, may be confidered as peculiar to the conftitution of Germany. Both the fupreme tribunals of the empire have frequently iffued decrees in the fuits of whole countries, the fole object of which has been to reftrain the exercife of the power of the fovereign within certain limits, as in the inftance of the decree of the Aulic council against Mecklenburg and Wirtenburg; and of the Imperial chamber against Naffau-Weilburg and Lippe-Detmold. Imperial decrees were iffued fo late as the years 1770, 1775, and 1778, after a previous refolution of the Aulic council against three reigning counts fucceffively; by virtue of which they were even put in perfonal arreft for abufing their territorial power, and for other mifdemeanors, although it is exprefsly ordered, in the emperor's capitu lation, that no states of the empire who are entitled by prefeription to a feat and voice at the diet, fhall be fufpended, excluded, or be deprived of their government provifionally, or in any other manner, without the previous confent of the electors, princes, and states in general.'

Befides