no influence to promote the intereft of the CHAP. Duke of Bavaria. II. THE fate of the election being thus predetermined, the first thing refolved on by the 1742. united electors, was, to fufpend the vote of the electorate of Bohemia; and the Elector of Hanover having, at least, made no oppofition to this fufpenfion, the Queen of Hungary was excluded from having any fhare in the election: fo that it appeared the Duke of Bavaria would be thus unanimously chofen by all the electors admitted to have a fhare in the election; though by the tenor of the golden bull, which prescribes the ceremonies of the election, the choice of the emperor is confined to the majority of electoral votes. THIS imperial edict, established in the year 1356, is as much the fundamental law of the empire, as the ever glorious Magna Charta is of the liberties of England; and, by this edict, the Elector of Mentz, as high chancellor of the empire, and dean of the electoral college, is obliged, on the vacancy of the imperial throne, to fend his circular letters to every elector, to give them notice of the time and place of the fucceeding election, which is to be three months from the date of the letters; when the electors are to repair in perfon, or by their deputies, to the city of Francfort on the Maine, to elect a new emperor; which, when they begin their deliberations, they are, by this edict, confined to do in thirty days, under the pain of being reduced to bread and water, without any other nourishment, for as long as they exceed that time. The Elector of Mentz, pursuant to this edict, on the emperor's death, iffued circular letters to all the electors; but as an inftance that Aaa 2 the PART the most provident and falutary laws are often III. defeated in Germany, as well as other countries, it was the 24th of January 1742 before the elec1742. toral college affembled at Francfort and chose the Duke of Bavaria to prefide on the imperial throne; where he arrived on the 31st, and fwore to the imperial capitulation, which is the chief thing that requires the mature deliberations of the electors; being fuch neceffary reftrictions, to which, according to the exigencies of the time, and the power of the prince elected, they think proper to fubject the imperial dignity, as the means of fecuring the whole conftitution of the empire in their rights, without danger of falling under an arbitrary power; to which, before the reign of Charles V. they were often little remote, for want of this contract: and therefore they afterwards obliged every emperor to fign it before his coronation, as the condition of his election, and which he is to obferve, as the rule and ftandard of his government, during his whole reign. On the 12th of February the emperor was crowned, with the ufual folemnities, by the name of Charles VII. he was afterwards recognized by the Pope, who, according to the antient cuftom on this occafion, granted the letters of difpenfation to excufe the emperor going into Italy to take the two crowns of Rome and Milan, as the Popes had long looked upon the fingle election, and the oaths usually taken by every emperor at his coronation, to be a plenary inveftiture of all the rights and dignities of the empire, and that all the reft were but ceremonies to make the German election more folemn and public. THE II. THE ambaffador fent from Vienna, with the CHAP. deputation of the Queen of Hungary's electoral vote for Bohemia, was treated at Francfort with much indecency, and her deputies at the diet 1742. were even refufed the accuftomary paffports. This fufpenfion of the vote of Bohemia by the electoral college, being without the confent of the two other colleges of the diet, and the imperial cities, gave the Queen of Hungary juft reason to enter a folemn proteft, as fhe did, against fo unprecedented a proceeding, and fo flagrant a violation of one of the most facred and material articles contained in the golden bull; for if her majefty could be thus deprived of her vote at the election, and upon other occafions, as was then intended, no ftate of the empire, how powerful foever, could any longer find fecurity in the fundamental laws and conftitutions of that body; and fhe hoped, from the equanimity of the electoral body, to procure a juft fatisfaction for the prefent injury, and fufficient fecurity for the time to come; referving, by her proteft, the preservation of all her rights, against the prejudice already done, and for the future. While France was well pleafed in her fuccessful scheme of fixing an impotent prince on the throne of Germany, whofe electoral princes had thus foothed the pride of their Gallic dictators. THE imperial dignity is too weighty to be fupported by any but a powerful prince; the Duke of Bavaria is the weakest of all the fecular electors, and therefore the more proper utenfil to be employed in the hands of France, to diminifh the houfe of Auftria and the whole empire; and his inability of fuftaining this load of grandeur, muft always oblige him into a fervile fubferviency to France, while he intends to keep the PART the imperial feat; and this subserviency must neIII. ceffarily deftroy the liberties of the empire, and with it, the liberties of Europe. An Emperor of 1742. Germany has indeed a title magnificent and fu perb, but without hereditary dominions has only the fhadow of fovereignty; the Germanic body, confifting of the emperor, the King of the Romans, the electors, the princes and counts, the bishops and abbots, and the free or imperial cities, all of each denomination, are feparate independant fovereignties, fubject to certain regulations, terms, and obligations, mutually and voJuntarily entered into, for their common fecurity and preservation. Various have been the disquifitions of each of thefe parties, for the appellation of this form of government; the civilians, who flattered the house of Auftria, have contended for a monarchy; when others, employed by the princes, pleaded for an ariftocracy; and a third fort, who live in the free and imperial cities, appeared advocates for a democracy. THE emperor is only the head of this great confederacy, without acquiring a foot of territory, or much effectual power; he is not the arbiter of peace and war, nor if engaged in a quarrel, independant of the whole Germanic body, can he demand of the ftates any affiftance, without their voluntary consent and promise: his revenues from the empire are very infignificant, and fmall is the real advantage an emperor enjoys above other princes of the empire, unless his own riches and force command it. The wealth, extent, and potency of the Auftrian dominions, gave that family this opportunity, and alfo vefted in their hands the only folid advantage of the imperial dignity, by giving them the power of dif pofing all fiefs, forfeited eftates, and honours, to 1 to the profit of their own children. By fuch for- CHAP. feitures, Auftria and Styria, of which Ottocar II. King of Bohemia was deprived, came into this family by the gift of the Emperor Rodolph; 1742. who, from Count of Hapfburg, a small place in Alfatia, as one of the peculiar favourites of fortune, in October 1273, was elected to the imperial throne, and was the first founder of the prefent illuftrious line of the house of Auftria: it was this imperial right centered in them a great part of Suabia, by the death of Conradin, youngeft fon of the Emperor Frederick II. it was this brought the Duchy of Milan into the difpofal of Charles V. who, instead of applying it to the empire, annexed it to his own hereditary dominions: and it was this imperial dignity advanced the luftre of the houfe of Auftria to fuch a degree of fplendor, as to contract alliances with all those potent families by which they have augmented their dominions, and maintained the imperial crown, almost hereditary in their own family, for above 200 years. So that the reafon is obviously apparent, why the house of Austria fhould fo earneftly contend for the imperial dignity; and why France fhould endeavour to prevent it, as the only means of diminishing the power of Germany, which will be always a check on the ambition of France, fo long as the imperial crown inclofes the brows of an Auftrian. prince. THE new emperor had no fooner been invefted with the crown, mantle, and sword of Charlemagne, the first monarch of the western empire, than he revoked the Aulic council, or fupreme court of judicature, at Vienna, and established another at Francfort, from whence the Elector of Mentz, as chancellor of the empire, wrote to her |