So far as the townsmen are concerned, nothing need be added to what has
already been said; but the causes of the growing depression of the
peasantry were more complicated. The universal testimony of contemporaries
is that the gradual introduction of Roman law brought the greatest change,
by placing a means of universal oppression in the hands of the over-lords.
There is no need to suppose that the lawyers who introduced the new
jurisprudence meant to use it to degrade and oppress the peasant class. A
slight study of the _Weisthümer_ shows how complicated and varied was this
consuetudinary law which regulated the relations between peasant and
over-lord. It was natural, when great estates grew to be principalities,
whether lay or clerical, that the over-lords should seek for some
principle of codification or reduction to uniformity. It had been the
custom for centuries to attempt to simplify the ruder and involved German
codes by bringing them into harmony with the principles of Roman law, and
this idea had received a powerful impetus from the Renaissance movement.
But when the bewildering multiplicity of customary usages which had
governed the relations of cultivators to over-lords was simplified
according to the ideas of Roman law, the result was in the highest degree
dangerous to the free peasantry of Germany. The conception of strict
individual proprietorship tended to displace the indefinite conception of
communal proprietorship, and the peasants could only appear in the guise
of tenants on long leases, or serfs who might have some personal rights
but no rights of property, or slaves who had no rights at all. The new
jurisprudence began by attacking the common lands, pastures, and forests.
The passion for the chase, which became the more engrossing as the right
to wage private war grew more and more dangerous, led to the nobles
insisting on the individual title to all forest lands, and to the
publication of such forest laws as we find made in Würtemberg, where
anyone found trespassing with gun or cross-bow was liable to lose one eye.
The attempt to reduce a free peasantry in possession of communal property
to tenants on long lease, then to serfs, and, lastly, to slaves, may be
seen in the seventy years’ struggle between the Abbots of Kempten and
their peasants. These spiritual lords carried on the contest with every
kind of force and chicanery they could command. They enlarged illegally
the jurisdiction of their spiritual courts; they prevented the poor people
who opposed them from coming to the Lord’s Table; they actually falsified
their title-deeds, inserting provisions which were not originally
contained in them.
Public-domain text, read in full here on John Shaqi.
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