German Culture Past and PresentBax, Ernest Belfort
History
German Culture Past and Present
Bax, Ernest Belfort
Anabaptists; Germany -- Civilization; Germany -- Social conditions; Peasants' War, 1524-1525; Reformation -- Germany
which neither the head of the State had any inviolate authority as
such, nor private property any inviolable rights or sanctity as such,
the new jurisprudence made corner-stones of both these conceptions.
Even the canon law, consisting in a mass of Papal decretals dating
from the early Middle Ages, and which, while undoubtedly containing
considerable traces of the influence of Roman law, was nevertheless
largely customary in its character, with an infusion of Christian
ethics, had to yield to the new jurisprudence, and that too in
countries where the Reformation had been unable to replace the old
ecclesiastical dogma and organization. The principles and practice of
the Roman law were sedulously inculcated by the tribe of civilian
lawyers who by the beginning of the sixteenth century infested every
Court throughout Europe. Every potentate, great and small, little as
he might like its application by his feudal overlord to himself, was
yet only too ready and willing to invoke its aid for the oppression of
his own vassals or peasants. Thus the civil law everywhere triumphed.
It became the juridical expression of the political, economical, and
religious change which marks the close of the Middle Ages and the
beginnings of the modern commercial world.
It must not be supposed, however, that no resistance was made to it.
Everywhere in contemporary literature, side by side with denunciations
of the new mercenary troops, the _Landsknechte_, we find
uncomplimentary allusions to the race of advocates, notaries, and
procurators who, as one writer has it, "are increasing like
grasshoppers in town and in country year by year." Whenever they
appeared, we are told, countless litigious disputes sprang up. He who
had but the money in hand might readily defraud his poorer neighbour
in the name of law and right. "Woe is me!" exclaims one author, "in
my home there is but one procurator, and yet is the whole country
round about brought into confusion by his wiles. What a misery will
this horde bring upon us!" Everywhere was complaint and in many places
resistance.
Public-domain text, read in full here on John Shaqi.
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