German Society at the Close of the Middle AgesBax, Ernest Belfort
History
German Society at the Close of the Middle Ages
Bax, Ernest Belfort
Germany -- Social conditions; Reformation -- Germany
As early as 1460 we find the Bavarian estates vigorously complaining
that all the courts were in the hands of doctors. They demanded that
the rights of the land and the ancient custom should not be cast
aside; but that the courts as of old should be served by reasonable
and honest judges, who should be men of the same feudal livery and of
the same country as those whom they tried. Again in 1514, when the
evil had become still more crying, we find the estates of Würtemberg
petitioning Duke Ulrich that the Supreme Court "shall be composed of
honourable, worthy, and understanding men of the nobles and of the
towns, who shall not be doctors, to the intent that the ancient usages
and customs should abide, and that it should be judged according to
them in such wise that the poor man might no longer be brought to
confusion". In many covenants of the end of the fifteenth century,
express stipulation is made that they should not be interpreted by a
doctor or licentiate, and also in some cases that no such doctor or
licentiate should be permitted to reside or to exercise his profession
within certain districts. Great as was the economical influence of the
new jurists in the tribunals, their political influence in the various
courts of the Empire, from the _Reichskammergericht_ downwards, was,
if anything, greater. Says Wimpfeling, the first writer on the art of
education in the modern world: "According to the loathsome doctrines of
the new jurisconsults, the prince shall be everything in the land and
the people naught. The people shall only obey, pay tax, and do service.
Moreover, they shall not alone obey the prince but also those he has
placed in authority, who begin to puff themselves up as the proper
lords of the land, and to order matters so that the princes themselves
do as little as may be reign." From this passage it will be seen that
the modern bureaucratic state, in which government is as nearly as
possible reduced to mechanism and the personal relation abolished,
was ushered in under the auspices of the civil law. How easy it was
for the civilian to effect the abolition of feudal institutions may be
readily imagined by those cognisant of the principles of Roman law.
For example, the Roman law of course making no mention of the right of
the mediæval "estates" to be consulted in the levying of taxes or in
other questions, the jurist would explain this right to his too willing
master, the prince, as an abuse which had no legal justification, and
which, the sooner it were abolished in the interest of good government
the better it would be. All feudal rights as against the power of an
over-lord were explained away by the civil jurist, either as pernicious
abuses, or, at best, as favours granted in the past by the predecessors
of the reigning monarch, which it was within his right to truncate or
to abrogate at his will.
Public-domain text, read in full here on John Shaqi.
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