The Autobiography of Goethe / Truth and Poetry: From My Own Life

by Johann Wolfgang von Goethe

And thus, as children of talent, whose mental gifts have, at an early period, been cultivated to an extraordinary degree, return, if they can, to the simplest sports of youth, did we, too, often forget our calling to more serious things. Nevertheless this very motion, so often carried on in solitude—this agreeable soaring in undetermined space—again excited many of my internal wants, which had, for a time, lain dormant; and I have been indebted to such hours for a more speedy elaboration of older plans.

The darker ages of German history had always occupied my desire for knowledge and my imagination. The thought of dramatizing Götz von Berlichingen, with all the circumstances of his time, was one which I much liked and valued. I industriously read the chief authors; to Datt's work, De Pace Publica, I devoted all my attention; I had sedulously studied it through, and rendered those singular details as visible to me as possible. These endeavours, which were directed to moral and poetical ends, I could also use in another direction, and I was now to visit Wetzlar. I had sufficient historical preparation; for the Imperial Chamber had arisen in consequence of the public tranquillity, and its history could serve as an important clue through the confused events of Germany. Indeed, the constitution of the courts and armies gives the most accurate insight into the constitution of every empire. Even the finances, the influence of which are considered so important, come much less under consideration; for if the whole is deficient, it is only necessary to take from the individual what he has laboriously scraped together, and thus the state is always sufficiently rich.

What occurred to me at Wetzlar is of no great importance, but it may inspire a greater interest, if the reader will not disdain a cursory history of the Imperial Chamber, in order to render present to his mind the unfavourable moment at which I arrived there.

History of the Imperial Chamber.

The lords of the earth are such, principally because they can assemble around them, in war, the bravest and most resolute, and in peace, the wisest and most just. Even to the state of a German emperor belonged a court of this kind, which always accompanied him in his expeditions through the empire. But neither this precaution, nor the Suabian law, which prevailed in the south of Germany, nor the Saxon law, which prevailed in the north,—neither the judges appointed to maintain them, nor the decisions of the peers of the contending parties,—neither the umpires recognised by agreement, nor friendly compacts instituted by the clergy,—nothing, in short, could quiet that excited chivalric spirit of feuds which had been roused, fostered, and made a custom among the Germans, by internal discord, by foreign campaigns, by the crusades especially, and even by judicial usages. To the emperor, as well as to the powerful estates, these squabbles were extremely annoying, while, through them, the less powerful became troublesome to each other, and if they combined, to the great also. All outward strength was paralysed, while internal order was destroyed; and besides this, a great part of the country was still encumbered with the Vehmgericht, of the horrors of which a notion may be formed, if we think that it degenerated into a secret police, which, at last, even fell into the hands of private persons.

Many attempts to steer against these evils had been made in vain, until, at last, the estates urgently proposed a court formed from among themselves. This proposal, well-meant as it might have been, nevertheless indicated an extension of the privileges of the estates, and a limitation of the imperial power. Under Frederic III. the matter is delayed; his son Maximilian, being pressed from without, complies. He appoints the chief judge, the estates send the assistants. There were to be four-and-twenty of them; but, at first, twelve are thought sufficient.

An universal fault, of which men are guilty in their under-takings, was the first and perpetual fundamental defect of the Imperial Chamber: insufficient means were applied to a great end. The number of the assessors was too small. How was the difficult and extensive problem to be solved by them? But who could urge an efficient arrangement? The emperor could not favour an institution which seemed to work more against him than for him; far more reason had he to complete the formation of his own court—his own council. If, on the other hand, we regard the interest of the estates, all that they could properly have to do with was the stoppage of bloodshed. Whether the wound was healed, did not so much concern them: and now there was to be, besides, a new expense. It may not have been quite plainly seen that by this institution every prince increased his retinue, for a decided end indeed,—but who readily gives money for what is necessary? Every one would be satisfied, if he could have what is useful "for God's sake."

At first the assistants were to live on fees; then followed a moderate grant from the estates; both were scanty. But to meet the great and striking exigency, willing, clever, and industrious men were found, and the court was established. Whether it was perceived that the question here was concerning only the alleviation and not the cure of the evil, or whether, as in similar cases, the flattering hope was entertained that much was to be done with little, is not to be decided. It is enough that the court served rather as a pretext to punish the originators of mischief, than completely to prevent wrong. But it has scarcely met, than a power grows out of itself; it feels the eminence on which it is placed; it recognises its own great political importance. It now endeavours, by a striking activity, to acquire for itself a more decided respect; they briskly got through what can and must be rapidly dispatched, what can be decided at the moment, or what can otherwise be easily judged; and thus, throughout the empire, they appear effective and dignified. On the other hand, matters of weightier import, the law-suits, properly so called, remained behindhand, and this was no misfortune. The only concern of the state is, that possession shall be certain and secure; whether it is also legal, is of less consequence. Hence, from the monstrous and ever-swelling number of delayed suits, no mischief arose to the empire. Against people who employed force, provision was already made, and with such matters could be settled; but those, on the other hand, who legally disputed about possession, lived, enjoyed, or starved, as they could; they died, were ruined, or made it up; but all this was the good or evil of individual families,—the empire was gradually tranquillised. For the Imperial Chamber was endowed with a legal club-law against the disobedient; had it been able to hurl the bolt of excommunication, this would have been more effective.

But now, what with the sometimes increased, sometimes diminished number of assessors, what with the many interruptions, what with the removal of the court from one place to another, these arrears, these records necessarily increased to an infinite extent. Now, in the distress of war, a part of the archives was sent for safety from Spire to Aschaffenburg, a part to Worms, the third fell into the hands of the French, who thought they had gained the state-archives, but would afterwards have been glad to get rid of such a chaos of paper, if any one would but have furnished the carriages.