The German World

In tracing the course of the political development of the period, we observe in the first place the consolidation of Monarchy, and the Monarch invested with an authority emanating from the State. The incipient stage in the rise of royal power, and the commencement of that unity which the states of Europe attained, belong to a still earlier period. While these changes were going forward, the entire body of private obligations and rights which had been handed down from the Middle Age, still retained validity. Infinitely important is this form of private rights, which the organic constituents of the executive power of the State have assumed. At their apex we find a fixed and positive principle – the exclusive right of one family to the possession of the throne, and the hereditary succession of sovereigns further restricted by the law of primogeniture. This gives the State an immovable centre. The fact that Germany was an elective empire prevented its being consolidated into one state; and for the same reason Poland has vanished from the circle of independent states. The State must have a final decisive will: but if an individual is to be the final deciding power, he must be so in a direct and natural way, not as determined by choice and theoretic views, etc. Even among the free Greeks the oracle was the external power which decided their policy on critical occasions; here birth is the oracle – something independent of any arbitrary volition. But the circumstance that the highest station in a monarchy is assigned to a family, seems to indicate that the sovereignty is the private property of that family. As such that sovereignty would seem to be divisible; but since the idea of division of power is opposed to the principle of the state, the rights of the monarch and his family required to be more strictly defined. Sovereign possession is not a peculium of the individual ruler, but is consigned to the dynastic family as a trust; and the estates of the realm possess security that that trust shall be faithfully discharged, for they have to guard the unity of the body politic. Thus, then, royal possession no longer denotes a kind of private property, private possession of estates, demesnes, jurisdiction, etc., but has become a State-property – a function pertaining to and involved with the State.