Medieval EuropeDavis, H. W. Carless (Henry William Carless)
History
Medieval Europe
Davis, H. W. Carless (Henry William Carless)
Europe -- History -- 476-1492; Middle Ages
But a monarchy, however energetic, however public-spirited, was
powerless until based on the firm foundations of an organised executive,
an expert judicature, and an assembly representative in fact if not in
form. No medieval state was so uniformly fortunate as Germany in finding
kings of exceptional character and talent. Yet Germany, from the
beginning to the end of the Middle Ages, was badly governed. This was
not due solely to the circumstance that the German monarchy was in
principle elective. It is true that the German crown was often purchased
by ill-advised concessions; but a greater source of weakness was the
inability of the Emperors to make the most of the prerogatives which
they retained, and which the nation desired that they should exercise.
Imperial justice was dilatory and inefficient because the imperial law
court followed the Emperor; because the professional was liable to be
overruled by the feudal element among the judges; because the rules of
procedure were uncertain and the decisions based not upon a scientific
jurisprudence but on provincial custom. The Diet of the Empire was weak,
both in deliberation and as a legislature; because the towns and the
lesser nobility had no respect for resolutions in framing which they had
not been consulted. The executive was necessarily inefficient or
unpopular; because the highest offices were claimed as a right by
princes who, if laymen, owed their rank to the accident of birth or, if
ecclesiastics, could only be good servants of the State by becoming
unworthy servants of the Church. The Emperor who confided in his natural
counsellors was ill-served; and if he relied upon new men, selected
solely for their loyalty and qualifications, he incurred the reproach of
tyranny or submission to unworthy favourites. The evils thus rooted in
the German constitution had existed at an earlier date in France and
England. To eradicate them was the object of the constitutional changes
devised by the Plantagenets in England, by the later Capetian kings in
France. And in essentials there is a strong likeness between the work of
the two dynasties. But in England the policy of construction was earlier
adopted, proceeded more rapidly, and produced an edifice which was more
durable because established on a broader basis.
Public-domain text, read in full here on John Shaqi.
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