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By Root 21597 0

under the name of an empire, a great system of a federative republic. In the frequent and at last the perpetual institution of diets, a national spirit was kept alive, and the powers of a common legislature are still exercised by the three branches or colleges of the electors, the princes, and the free and Imperial cities of Germany. I. Seven of the most powerful feudatories were permitted to assume, with a distinguished name and rank, the exclusive privilege of choosing the Roman emperor; and these electors were the king of Bohemia, the duke of Saxony, the margrave of Brandenburgh, the count palatine of the Rhine, and the three archbishops of Mentz, of Treves, and of Cologne. II. The college of princes and prelates purged themselves of a promiscuous multitude: they reduced to four representative votes the long series of independent counts, and excluded the nobles or equestrian order, sixty thousand of whom, as in the Polish diets, had appeared on horseback in the field of election. III. The pride of birth and dominion, of the sword and the mitre, wisely adopted the commons as the third branch of the legislature, and, in the progress of society, they were introduced about the same aera into the national assemblies of France England, and Germany.

The Hanseatic League commanded the trade and navigation of the north: the confederates of the Rhine secured the peace and intercourse of the inland country; the influence of the cities has been adequate to their wealth and policy, and their negative still invalidates the acts of the two superior colleges of electors and princes. ^149

[Footnote 149: In the immense labyrinth of the jus publicum of Germany, I must either quote one writer or a thousand; and I had rather trust to one faithful guide, than transcribe, on credit, a multitude of names and passages. That guide is M. Pfeffel, the author of the best legal and constitutional history that I know of any country, (Nouvel Abrege Chronologique de l'Histoire et du Droit public Allemagne; Paris, 1776, 2 vols. in 4to.) His learning and judgment have discerned the most interesting facts; his simple brevity comprises them in a narrow space. His chronological order distributes them under the proper dates; and an elaborate index collects them under their respective heads. To this work, in a less perfect state, Dr. Robertson was gratefully indebted for that masterly sketch which traces even the modern changes of the Germanic body. The Corpus Historiae Germanicae of Struvius has been likewise consulted, the more usefully, as that huge compilation is fortified in every page with the original texts.

Note: For the rise and progress of the Hanseatic League, consult the authoritative history by Sartorius; Geschichte des Hanseatischen Bandes & Theile, Gottingen, 1802. New and improved edition by Lappenberg Elamburg, 1830. The original Hanseatic League comprehended Cologne and many of the great cities in the Netherlands and on the Rhine. - M.]

It is in the fourteenth century that we may view in the strongest light the state and contrast of the Roman empire of Germany, which no longer held, except on the borders of the Rhine and Danube, a single province of Trajan or Constantine. Their unworthy successors were the counts of Hapsburgh, of Nassau, of Luxemburgh, and Schwartzenburgh: the emperor Henry the Seventh procured for his son the crown of Bohemia, and his grandson Charles the Fourth was born among a people strange and barbarous in the estimation of the Germans themselves. ^150 After the excommunication of Lewis of Bavaria, he received the gift or promise of the vacant empire from the Roman pontiffs, who, in the exile and captivity of Avignon, affected the dominion of the earth. The death of his competitors united the electoral college, and Charles was unanimously saluted king of the Romans, and future emperor; a title which, in the same age, was prostituted to the Caesars of Germany and Greece. The German emperor was no more than the elective and impotent magistrate of an aristocracy of princes, who had not left him a village that