Bohemia, from the earliest times to the fall of national independence in 1620: With a short summary of later eventsMaurice, C. Edmund (Charles Edmund)
History
Bohemia, from the earliest times to the fall of national independence in 1620: With a short summary of later events
Maurice, C. Edmund (Charles Edmund)
Bohemia (Czech Republic) -- History -- 1526-1618; Bohemia (Czech Republic) -- History -- To 1526
in a public court, of lands sold by the nobles; lands were not to be
granted to the “dead hand”; special means of remedy were to be provided
against oppression by the King; special restrictions were to be placed
on the power of nobles over their dependants. Other provisions of
various importance were contained in this document; but the great,
and essential, point about it was, that these “Constitutions” were to
be read four times a year in Bohemia, before a full assembly of the
people, that all might know the laws by which they were governed.
[Illustration: PRAGUE (PRAHA) in 1200.]
[Illustration: PRAGUE (PRAHA) in 1388.
MAPS SHOWING GROWTH OF PRAGUE UNDER CHARLES IV.]
This provision pointed to Charles’s chief object in composing the
Code; and it was doubtless this very demand which roused to its
height the opposition of the nobles. It was not merely this or that
privilege which the King was threatening; it was the whole fabric of
feudal power, which depended much more on the separate and individual
influence of each noble on his estate, than on any decrees of a
collective Assembly; and this influence must necessarily give way
before a code of written law, set forth by the King, and accepted and
supported by the main body of the people.
Charles was no “benevolent despot,” determined to thrust upon his
people, by force, principles of government for which they were not
prepared. He yielded to the resistance of the nobles, and withdrew the
main part of the Majestas Carolina. The concession was undoubtedly a
wise one; and, however excellent were many of the changes which he had
proposed, there were parts of this remarkable document which make one
glad that they were not stereotyped in a code, nor sanctified in the
memories of Bohemians by so close a connection with their popular king.
Thus, for instance, Charles opens his code with a strong declaration
of devotion to the Catholic faith, with a prohibition to Pagans and
Saracens against settling in Bohemia, and with a promise to put down
heresy with the sword.[4] Again, the declaration of the power of lords
over their dependants is only limited by taking from the lords the
right of putting out their eyes or cutting off their hands and feet;
and though Charles, no doubt, was thinking more of these limitations
than of the power which he still left to the nobles; yet it was obvious
that such a statement in a code might be used in the very opposite
sense to that in which it was written. That is to say, the code might
have been appealed to in later times as securing to the nobles all the
powers of which it did not expressly deprive them.
Public-domain text, read in full here on John Shaqi.
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