A LETTER Giving an ACCOUNT Of the manner of choosing JOSEPH King of HUNGARIA TO BE King of the Romans, On JAN. 21. 16889/ 90. By the eight Electors of the Sacred Roman Empire. LICENCED, Jan. 18. 1690. LONDON, Printed for R. Bently, and are to be sold by R. Baldwin in the Old Bailie, 1690. A LETTER Giving an Account of the choosing the King of the ROMANS. WHEN Charles the Great had overcome Desiderius the King of the Lombard's, and put him to flight, the Pope Leo, the Senate, and the People of Rome, conferred the Imperial Dignity with an unanimous consent upon him, with the Kingdom of Germany, and in his Posterity it has continued by a hereditary Succession to Lovys the iv or as some writ by a mixed one, viz. by a hereditary and elective Succession. The Caroline Line being ended by Lovys the iv the Princes of the Empire did offer the Imperial Crown with one consent to Otto Prince of Saxony, but Prince Otto being of a great Age, did refuse that great Honour, and advised the Princes to choose Conrade Duke of Franconia, commending him for a great Hero, and a very expert Man in Wars, and worthy of the Imperial Crown: The Princes approving of his counsel, offered the Imperial Crown to the said Conrade Prince of Franconia, which he readily accepted of. To him succeeded Henry surnamed the Fowler, and Henry was succeeded by Otto the Great, and Otto the Great by Otto the XI. And after him the others came to the Crown by a mixed Succession, partly by a Hereditary, partly by an Elective one, till Henry the Fourth's time. But in his time the Princes of the Empire by the Pope's instigation, whose interest it was, that the strength of the Empire by a free Election might be lessened and appeased, did wholly abrogate the hereditary Succession, and established by a public Law, That no body should come to the Royal Power and Dignity by Inheritance, as it formerly used to be; and that if the King's Son were never so worthy and accomplished a Prince, yet he should not by Succession, but by Election, come to the Throne. Notwithstanding this Law, according to the Custom of the Germans, they always used to prefer the deceased King's Son, or his nearest Relation, if they were worthy and qualified: They sometimes chose the King's Son, or his nearest Kindred (the Parents living) and had also a great regard to the Royal Line in their Election, because they did see, that the neglect thereof, and the passing over the Royal Blood, commonly caused great Troubles. And perhaps if this old Germane custom in the Election had not been revived again, the Commonwealth would have fallen to a total decay; And this has been the cause, that out of the most illustrious Austrian Family from Albert the II. without any interruption, eleven Emperors have been chosen, Ferdinand the iv not comprehended, who died King of the Romans. Yet this did not lessen or derogate in the least the liberty of Election, nor did out of this long time accrue any right to the Family of Austria: For it is not the Family, but the prudent choice of the Electors, that makes them Roman Kings and Emperors; and it is by reason of the great Power and Honour, and the Merits of their Ancestors, and because the Kingdoms which this Family possesses, which are like a Bulwark to Germany against the Turkish Cruelty and Fury, that the Electors have been pleased to choose out of it their Head, and without some very great Reasons they will never leave the same. Now to assure you of this free Election, we will see what the Capitulations provide in this case, which they did swear to keep. First of all, we neither shall nor will pretend to any Succession or Inheritance of the Sacred Roman Empire, nor assume or attempt the same? Nor shall we in no wise and manner aspire, or endeavour to attain to it, for ourselves, for our Heirs and Successors, neither for any body else. But on the contrary, We as well as our Issue, our Heirs and Successors, will maintain the Electors, their Heirs and Successors for ever, in their free election of the King of the Romans, according to the Golden Bull; and the same as often and in all cases, when they shall think it necessary for the conservation of the Fundamental Laws and this Capitulation, as also when they shall think it necessary and for the good of the Empire, to choose a King of the Romans in the Roman Emperor's Life time, that they may do it as well without as with his consent. And as it has been of old, according to the Golden Bull, the ancient Rights, and other Laws and Liberties, that if any thing should come to decay or be infringed, so that the necessity and occasion should require, That the Vicars of the Empire should meet and consult together about the Affairs of the sacred Roman Empire, the said Vicars then shall in no wise be molested or disturbed. This Election is twofold, Ordinary and Extraordinary. The Ordinary is that of an Emperor, when the Empire is become vacant, either by the Emperor's Death, or by his Resignation, or else when he is deposed from the Empire. But the Extraordinary Election is that of a King of the Romans, when in the Emperor's Life time, with or without his consent, the Electors of the Empire choose a King of the Romans, who in the Emperor's absence, or when he is indisposed, governs and manages the Empire: And who after the Emperor's Death without any further Election, succeeds the Emperor in his Name, Dignity and Power; and this is done to avoid an Interregnum, as a thing that is very seldom prosperous. The Persons that choose him are the Electors of the Sacred Roman Empire, who enjoyed that Right of choosing, first, by custom; but after it was confirmed to them by an express Law in the Golden Bull of Charles the IV. A great many are of that opinion, That this extraordinary Election of a Roman King is against the Constitutions of the Empire, and that the same Election does repugn the Liberties of the Electors; and that under the pretence of the said Election, the Emperors can aspire, and design a hereditary Succession. It is true, that it is not conformable to the Golden Bull, although there are many Examples, that thus has been chosen a King of the Romans, yet by right it ought not to be so; because, when the Golden Bull speaks of such a King, it is meant in case of necessity, when the Imperial See is vacant, and the Empire is without a Head and Governor. For the words in the Golden Bull, as often as, and whensoever, are to be understood, as often, and when the Empire is vacant. Besides, the Power, Right, and Authority of the Temporal Electors, to whom the Government of the Empire, and the Vicarship in such cases, is entrusted by the Golden Bull, is very much diminished and weakened, because they cannot exercise their Rights, nor enjoy their Prerogatives; moreover, it looks as if the said Electors were not capable of this Government, ad interim. There were great contestations in the last Century at the election of Ferdinand the I. insomuch, that in the same Business the Prince of Bavaria did join himself to the Protestant Princes, fearing that this Election by little and little would turn into a hereditary one, and deprive the Princes of the Empire of their free Election, because the Emperor living will always strive to have some of his own Children or of his Kindred about him, rather than any Prince besides; and as they call the Emperor's Election a free one, so they style that of a Roman King a forced one. As for the beginning of it, it is very old. For not only in the time of the Caroline Family, the Sons in their Parent's Life time were assured of the Succession, but were also admitted into the Communion of the Regal and Imperial Dignity, and made partakers thereof; but this was done too hereafter in the Families of the Emperors of Saxony, Suevia, and Austria, when the Sons in their Father's Life time were constituted Successors: As, By Otto I. in his life time Otto II. By Otto II. in his life time Otto III. By Conrade II. in his life time Henry II. By Frederic I. in his life time Henry VI. By Frederic II. in his life time First Henry, and then Conrade. By Frederic III. in his life time Maximilian I. But all these Examples of those remote Centuries, as they did depend on those Emperor's Wills, so they are more a matter of Fact than of Right. Wherefore we will not extend this modern Election of a Roman King beyond its true beginning, which was in Ferdinand the First's time. When Charles the V desired the Princes of the Empire to choose his Brother Ferdinand King of the Romans; there arose a very hot Dispute between the Emperor and the Elector of Saxony, the Duke of Lunenbourg, the Landgrave of Hess, the Prince of Anhalt, and the Count of Mansfeld; all which would not consent to this Election as contrary to the Golden Bull Yet Charles V obtained it from the States of Germany, and Ferdinand King of Bohemia and Hungaria, was proclaimed King of the Romans at Cologn in the Year 1531, on the 5th of January. The Reasons which the Emperor his Brother proposed, were indeed weighty enough; He told the Princes, That he did not know a better and fit Person for this, than his Brother the King of Hungaria and Bohemia, because his Kingdoms and Frontiers were like a Bulwark to Germany against the Infidels. Queen Elizabeth was quite of a contrary opinion; for when the States of the Kingdom desired her to nominate a Successor, she did forbid it on pain of Death, That no body should speak of a Successor during her life: For says she, one must not dig himself a Grave as long as one doth live. The Emperor told them further, That he could not always be in Germany, because of the several Kingdoms & Nations he Reigned over, and that all Christendom were now in a very troublesome and desperate state, chief Germany, because of the several Religions, and the greatness of the Turks and their Power, and then because of the Sedition and the War that arose between the Peasants, etc. But the Elector of Saxony and his Confederates disapproving this Election, desired of the Emperor, that if nevertheless, Ferdinand being rejected, he would have a Coadjutor; that he would then with the advice of the Princes, interpret the Caroline Law, confirm and establish the same by an Edict as it ought to be in this manner. That for the future in the Emperor's Life time, never a King of the Romans should be chosen, before the Electors, with the six other Princes of the Empire, having effectively approved of it that it may be done so. Then the Elector of Mentz in the Quality of Arch-Chancellor in Germany, must assemble his Colleagues, with the six other Princes in a fit place, to deliberate further about this business; and when they have done all this punctually, than the Electors only with the King of Bohemia shall have the sole power to create a King of the Romans. When the King of the Romans thus is created in the Emperor's life time, he shall govern the Empire, not in his, but the Emperor's Name, without arrogating, or attributing to himself any Power or Government. The Princes and States of the Empire shall not be bound to him by Oath, or otherwise, till after the Emperor's death. When the King of the Romans is chosen, he is to be sworn by no other Form but by that of the Carolin Law, neither shall it be in the power of the Electors to alter this Form. Whosoever shall be convicted of having acted contrary to this Oath, or whosoever is fallen under any suspicion, and has not cleared or excused himself of that matter, he shall be deprived of all the Rights of Electorship for ever; neither shall they henceforth choose out of one and the same Family three Roman Kings one after another. None but one that is of a Germane Princely Family is to be chosen King of the Romans; and whatsoever is established by the Carolin Law concerning the Creation of a King, that shall neither the King of the Romans nor the Emperor alter. Whensoever the Electors think it fit to create a King of the Romans, they need not to impart it to the Emperor beforehand; neither shall it be lawful for the Emperor in this case to order the Elector of Mentz to call the Electors together. But when for some weighty Reasons (as it ought to be) a King of the Romans is to be chosen in the Emperor's Life time, than the Elector of Mentz shall call his Colleagues together, and appoint them a certain day, on which they shall appear at Francford upon the Main; neither shall it be in his power to appoint any other place for this illustrious Meeting, except the Electors for some great Reasons do grant it him. The Elector of Mentz shall not demand the Crown and Sceptre, with the rest of the Imperial Ornaments of the City of Nurenberg, without the consent of the other Electors. The three months' time (beginning from the denunciation thereof) within which the Electors ought to appear, shall not be diminished; for it concerns the Empire and the Commonwealth very much, if one or the other should not be present at that time: In the mean time, when the Electors are thus a deliberating at Francford, all the rest must be excluded. And when the least of these things is violated, the Electors than are not obliged to come to that place, neither to stay there; and if any thing had been done there, it shall be void and null. Upon this the Elector of Saxony promised at the Transaction in Bohemia in the year 1534, that he like the other Princes of the Empire, would acknowledge Ferdinand the I. for the King of the Romans: And Ferdinand on the other side did promise, That he would make, that the following Articles should be confirmed by the Emperor and the Electors. 1. That for the future none should be chosen King of the Romans in the Emperor's Life time, unless that the Electors have first met together, and found it to be necessary, and for the good of the Empire. 2. When they have found it necessary, and for the good of the Empire, than they shall proceed to the Election, according to the Golden Bull. 3. And if any thing should be done contrary to the Golden Bull, that it should be void and null. 4. If these Articles by Ferdinand's intercession should not be approved of by the Emperor, and the others; then the said Elector and his Allies, reserve and keep to themselves their own Right. When the Elector of Saxony did see that King Ferdinand made not fully good his word concerning the said Articles, he continued in disowning him King of the Romans till the year 1546, when in the month of May at the Diet at Spire, this matter came to an agreement. It was afterwards very prudently inserted into the Capitulations by the Emperor Mathias and his Successors, that it should be lawful to the Electors to choose a King of the Romans, when the welfare and great necessity of the Empire does require it, whether the Emperor will or no; and this for several other Reasons too, chief that the Empire may be sure of a Successor, and others in their vain and imaginary hopes cut off. The words of Mathias his Capitulation in the 35 Article, run thus. We will, and aught to maintain, etc. the said Electors, their Successors, and their Heirs for ever, in their free election of a Roman King, as often as the said Election tends to the Emperor's help and assistance, or else when the good and the necessity of the Empire does require it, and this in the Roman Emperor's Life too; and when upon the request of the Electors it should be denied them without some very great Reasons, that the Electors than may choose one against the Emperor's will. Nay, by virtue of the Leopoldin Capitulation, the Electors are not obliged to have so much as the Emperor's consent herein. This extraordinary Election is performed by the Electors as well as the ordinary Election of a Roman Emperor; for it has been their business hitherto, to see whether it is for the advantage of the Empire to choose a King of the Romans, wherefore some refer the Reasons of choosing a King of the Romans amongst the Secrets of the Electoral College. But in the instrument of the Peace of Osnabruck, it was provided, That the Election of the King of the Romans should be made in the Universal Assemblies, with the general consent of the States of the Empire; and thence it is, that the rest of the other States claim and attribute to themselves the right of sitting in the Examination, and the taking cognisance of the causes of choosing a King of the Romans. For thus the States of the Circle of lower Saxony at Lunenbourg in the year 1652, did say, Whereas the Election of the King of the Romans concerns all the States of the Empire, and that the Empire may continue in its form and Fundamental Laws, it is but right and reasonable, that when in the Life of an Emperor a King of the Romans should be chosen, that the Reasons thereof should be made known to all the States, and that they should have an equal share in the Consultations. The end of this Election is two fold. 1. That the Empire for certain may have a Successor, and it is to avoid all Troubles which may arise hereafter by an ambiguous or doubtful Election. 2. That in the absence of the Emperor, he may supply his place in governing the Empire; for the Emperor having then three Kingdoms, that of Germany, that of the Lombard's, and the Romish; he very often went there, as well to be Crowned there, and to receive Homage, as to subdue them again when they were in Rebellion. This Election is carried by the majority of Voices; and every Elector shall not have above 200 Horsemen in his retinue; yet this has not been observed so strictly, but some had sometimes above 1000 with them. No Stranger is suffered to stay in the City during this Election; and outlandish Ambassadors too must retire out of the City; and wherever this Election is, that City guards the City by its own Men. The particulars of this Election are chief these. If the elected King perhaps was the Roman Emperor's Son, than the Deputy of the Electoral College makes the Emperor acquainted with his Son's Dignity. Upon which the Emperor presents himself in an Apartment to the Electors, and gives them first thanks for the love and affection they have for his Family, and promises them, that he will do all his endeavours, as well in instructing his Son in the Government and high Station they have been pleased to elevate him to, as in helping and assisting them when and wherever the occasion should require it, and then he admonishes his Son too, to be grateful to the Electors. Thus the most glorious Emperor Ferdinand III did exhort his Son Ferdinand iv after he was chosen King of the Romans at Ausbourg, May. 24. 1653, and Crowned at Ratisbonne June 18. 1653. and had thanked the Electors for his Election: The Emperor then spoke to his Son the elected King, saying, And you my Son, consider what a heavy burden you now have upon you, and therefore how much need you have of their ●●●●●nesses the Electors counsel and help, whose propense favour and good will towards Us, you ought gratefully to acknowledge all the days of your life; and so wholly depending of their counsel, you also must revere them. To which the elected King presently answered, in a short and a most elegant Speech to his Father the Emperor, and the Electors, which was very much to the purpose. And so having thus thanked the Electors, the elected King and the Electors go out, than the Marshal shuts the door of the Apartment; and when the King has taken his Oath in the Vestry, that he will keep the Capitulations, he is conducted to the high Altar, upon which he is lifted up by the Electors; all the Electors who are present assist in this, and if some are absent and have their Envoys there, the said Envoys or Plenipotentiaries are not admitted to that elevation: It is likewise so when they are of an odd or unequal number. As for example, when three Spiritual and two Temporal Electors are there, then to make the number even; one of the three Spiritual Electors is excluded, and the two other Spiritual with the two Temporal Electors, perform that Office; in the mean while there is heard an incomparable Music, and the Trumpets, Kettle Drums, and Bells, applaud this Solemn Action. The Elector of Brandenbourg takes then the Crown from the elevated King's Head, which the Elector Palatine lays aside. When the King is taken down from the Altar, the Vicar's approach to the Table, and take from thence the Imperial Ornaments which they deliver to the Electors that are present, and they keep the Ornaments of the absent Electors: And so they conduct the elected King to the Throne in a competent order, every one taking his Princely Seat at the usual side; and then one of the Canons of Mentz, and commonly the chiefest, the Thumprobst proclaims the elected King, which they in a most ravishing manner accompany to the Palace. The King of the Romans that is thus chosen in the Emperor's Life time, differs from the Emperor. 1. In his Coat of Arms; the Emperor has a two-headed Eagle, but the King of the Romans has but a single one. 2. The Emperor makes use of Bulls, but the King of the Romans only of a Seal. 3. The Emperor is called Always August, but the Roman King is only called August▪ 4. The Emperor calls, and greets the King of the Romans, Our Cousin, etc. or sometimes Majesty and Cousin together; but the King calls the Emperor his Lord and Majesty. 5. The King of the Romans can commit High Treason against the Emperor. 6. The Power of the Roman King is but by the Commission of the Emperor, so that whatsoever he does, he does it by the Emperor's Authority, which appears by the Capitulation prescribed to Rodolph the II. We will not assume to Us any thing of the Government, or Administration of the Sacred Roman Empire, no further than as far as his Imperial Majesty will grant and permit Us. Neither shall or will we be in any way prejudicial to his Majesty's Highness and Imperial Dignity, during his Majesty's Life. But some say, that he has his Power by virtue of his Election, which Power is limited, and only to be exercised at a certain time and manner. Such is to be seen in R. J. Spir. 1542. instead and in the name of his Imperial Majesty, and for Ourselves. And in the Capitulation of Maximilian the II. and Ferdinand the III. by Our Royal and future Imperial Government. The King of the Romans on the other side, agrees with the Emperor in regard of his Dignity, save the Emperor's Prerogative and Pre-eminence. And thence it is, that the King of the Romans is called the Head of the Empire after the Emperor, because he is in certain hopes to have it, as sure as the Dolphin in France is to have the Kingdom of France, and a true Prince of Wales that of Great Britain, and the Prince in Spain that of Spain. Now the Elector of Mentz as Arch-Chancellor through Germany, did assemble the Electors of the Roman Empire, according to the said manner; and the form of the Golden Bull, entreating them, That they would come to the Election of a King of the Romans at Augsbourg, within the space of three Months, which they did accordingly, and appeared there. And first of all, Leopold the Roman Emperor, and then the eight Electors. 1. Anselm Francis, Frederic Elector, and Archbishop of Mentz, and Arch-Chancellor through Germany. 2. John Hugo Elector, and Archbishop of Trier, Arch-Chance●lor through France. 3. Clemens Elector, and Archbishop of Cologn, Arch-Chancellor through Italy. 4. Leopold King of Bohemia, Arch-Skinker or Arch-Cup-bearer of the Sacred Roman Empire. His Person was represented by the Chancellor of the Kingdom of Bohemia. 5. Maximilian Maria Elector of Bavaria, and Arch-Sewer of the Sacred Roman Empire. 6. George the III. Elector of Saxony, and Arch-Marshal of the Sacred Roman Empire. He was represented by his Ambassador. 7. Frederic the III. Elector of Brandenbourg, and Arch-Chamberlain of the Sacred Roman Empire, did not come in Person, but was represented by his Ambassador. 8. Philip William Elector Palatin, and Arch-Treas●rer of the Sacred Roman Empire. They being assembled at Augsbourg, the Emperor in a fine Speech desired them to choose a King of the Romans, to which hitherto the unhappy Division of the Empire has put a stop, and now being united, he entreated them to proceed to that Election for the good of the Empire, and then that the French King might be frustrated in his imaginary and vain hopes he hitherto did feed himself with, in aspiring to an Universal Monarchy, and recommended to them his own Son Joseph King of Hungaria, as well for his Virtue as his Power. This Prince Joseph, whose Youth promises great things, was born the 26th. of June 1678. of Leopold the Emperor his Father, and of Eleonora the Empress his Mother, the Elector Palatin elder Daughter. Upon this the Electors continued in their Meetings and Consultations, and fixed the 21/11 of January 1690, for that great Election, and form the Capitulation the King of the Romans is bound by Oath to keep, and then upon the said day they proceeded to the Election, and with one consent they chose Joseph King of Hungaria King of the Romans. The Coronation is speedily to be performed, and great preparations are made for it, and a great quantity of Medals coined: The confluence of Strangers of all ranks which come from all parts of Christendom to see this unparallelled sight, is so great here, that we reckon above 3000 already come to this place. FINIS.