The Holy Roman Empire

by Viscount James Bryce Bryce

The origin of that college is a matter somewhat intricate and obscure. It is mentioned A.D. 1152, and in somewhat clearer terms in 1198, as a distinct body; but without anything to shew who composed it. First in A.D. 1265 does a letter of Pope Urban IV say that by immemorial custom the right of choosing the Roman king belonged to seven persons, the seven who had just divided their votes on Richard of Cornwall and Alfonso of Castile. Of these seven, three, the archbishops of Mentz, Treves, and Cologne, pastors of the richest Transalpine sees, represented the German church: the other four ought, according to the ancient constitution, to have been the dukes of the four nations, Franks, Swabians, Saxons, Bavarians, to whom had also belonged the four great offices of the imperial household. But of these dukedoms the two first named were now extinct, and their place and power in the state, as well as the household offices they had held, had descended upon two principalities of more recent origin, those, namely, of the Palatinate of the Rhine and the Margraviate of Brandenburg. The Saxon duke, though with greatly narrowed dominions, retained his vote and office of arch-marshal, and the claim of his Bavarian compeer would have been equally indisputable had it not so happened that both he and the Palsgrave of the Rhine were members of the great house of Wittelsbach. That one family should hold two votes out of seven seemed so dangerous to the state that it was made a ground of objection to the Bavarian duke, and gave an opening to the pretensions of the king of Bohemia, who, though not properly a Teutonic prince[274], might on the score of rank and power assert himself the equal of any one of the electors. The dispute between these rival claimants, as well as all the rules and requisites of the election, were settled by Charles the Fourth in the Golden Bull, Golden Bull of Charles IV, A.D. 1356. thenceforward a fundamental law of the Empire. He decided in favour of Bohemia, of which he was then king; fixed Frankfort as the place of election; named the archbishop of Mentz convener of the electoral college; gave to Bohemia the first, to the Count Palatine the second place among the secular electors. A majority of votes was in all cases to be decisive. As to each electorate there was attached a great office, it was supposed that this was the title by which the vote was possessed; though it was in truth rather an effect than a cause. The three prelates were archchancellors of Germany, Gaul and Burgundy, and Italy respectively: Bohemia cupbearer, the Palsgrave seneschal, Saxony marshal, and Brandenburg chamberlain[275].

These arrangements, under which disputed elections became far less frequent, remained undisturbed till A.D. 1618, when on the breaking out of the Thirty Years' War the Emperor Ferdinand II by an unwarranted stretch of prerogative deprived the Palsgrave Frederick (king of Bohemia, and husband of Elizabeth, the daughter of James I of England) of his electoral vote, and transferred it to his own partisan, Maximilian of Bavaria. At the peace of Westphalia the Palsgrave was reinstated as an eighth elector, Bavaria retaining her place. Eighth Electorate. The sacred number having been once broken through, less scruple was felt in making further changes. In A.D. 1692, the Emperor Leopold I conferred a ninth electorate Ninth Electorate. on the house of Brunswick Lüneburg, which was then in possession of the duchy of Hanover, and succeeded to the throne of Great Britain in 1714; and in A.D. 1708, the assent of the Diet thereto was obtained. It was in this way that English kings came to vote at the election of a Roman Emperor.

It is not a little curious that the only potentate who still continues to entitle himself Elector[276] should be one who never did (and of course never can now) join in electing an Emperor, having been under the arrangements of the old Empire a simple Landgrave. In A.D. 1803, Napoleon, among other sweeping changes in the Germanic constitution, procured the extinction of the electorates of Cologne and Treves, annexing their territories to France, and gave the title of Elector, as the highest after that of king, to the duke of Würtemburg, the Margrave of Baden, the Landgrave of Hessen-Cassel, and the archbishop of Salzburg. Three years afterwards the Empire itself ended, and the title became meaningless.

As the Germanic Empire is the most conspicuous example of a monarchy not hereditary that the world has ever seen, it may not be amiss to consider for a moment what light its history throws upon the character of elective monarchy in general, a contrivance which has always had, and will probably always continue to have, seductions for a certain class of political theorists.

Objects of an elective monarchy: how far attained in Germany.

Choice of the fittest.

First of all then it deserves to be noticed how difficult, one might almost say impossible, it was found to maintain in practice the elective principle. In point of law, the imperial throne was from the tenth century to the nineteenth absolutely open to any orthodox Christian candidate. But as a matter of fact, the competition was confined to a few very powerful families, and there was always a strong tendency for the crown to become hereditary in some one of these. Thus the Franconian Emperors held it from A.D. 1024 till 1125, the Hohenstaufen, themselves the heirs of the Franconians, for a century or more; the house of Luxemburg (kings of Bohemia) enjoyed it through three successive reigns, and when in the fifteenth century it fell into the tenacious grasp of the Hapsburgs, they managed to retain it thenceforth (with but one trifling interruption) till it vanished out of nature altogether. Therefore the chief benefit which the scheme of elective sovereignty seems to promise, that of putting the fittest man in the highest place, was but seldom attained, and attained even then rather by good fortune than design.

Restraint of the sovereign.

No such objection can be brought against the second ground on which an elective system has sometimes been advocated, its operation in moderating the power of the crown, for this was attained in the fullest and most ruinous measure. We are reminded of the man in the fable, who opened a sluice to water his garden, and saw his house swept away by the furious torrent. The power of the crown was not moderated but destroyed. Each successful candidate was forced to purchase his title by the sacrifice of rights which had belonged to his predecessors, and must repeat the same shameful policy later in his reign to procure the election of his son. Feeling at the same time that his family could not make sure of keeping the throne, he treated it as a life-tenant is apt to treat his estate, seeking only to make out of it the largest present profit. And the electors, aware of the strength of their position, presumed upon it and abused it to assert an independence such as the nobles of other countries could never have aspired to.