The Empire and the Papacy, 918-1273Tout, T. F. (Thomas Frederick)
History
The Empire and the Papacy, 918-1273
Tout, T. F. (Thomas Frederick)
Europe -- History -- 476-1492; Holy Roman Empire -- History -- 843-1273; Papacy
Victorious over Saracens, nobles, and townsmen alike, Frederick
skilfully played off one class or race against the others, and banished
from his court the turbulent leaders of the lay and spiritual
aristocracy. With the help of a handful of faithful prelates and barons,
and of a wider circle of lawyers, notaries, and royal dependants,
Frederick issued a series of laws for the government of Sicily and
Naples that frankly strove to abolish the feudal state in the interests
of autocracy. He resumed possession of the estates that had been carved
from the royal domain in the days of confusion. Like another Henry of
Anjou, he either destroyed the unauthorised castles, erected by the
feudal lords, or at least garrisoned them with royal troops under trusty
commanders. Private wars were forbidden under pain of death, and even
the judicial duel was only allowed in specified cases and under careful
precautions. Criminal jurisdiction was withdrawn from the nobles’ courts
and put in the hands of royal judges. Frederick even made it a merit
that he suffered the feudal tribunals to continue to exercise civil
justice. The towns were deprived of the right of choosing their
magistrates, and put under the rule of royal officials, while councils
of notables, chosen by the inhabitants, gave the magistrates some
insight into public opinion, or at least proved a convenient channel for
receiving the royal commands. The feudal prelates shared in the ruin of
their lay colleagues, and every churchman was forced to pay taxes, and
to abandon civil office. The Church courts saw their jurisdiction
limited and their privileges curtailed. The further growth of
ecclesiastical property was prevented by a severe law of mortmain.
A great administrative system grew up on the ruins of seignorial,
ecclesiastical, and municipal independence. All laws emanated directly
from the monarch. The _Magna Curia_, sitting at Capua, took supreme
cognisance of all judicial business, while the _Magna Curia Rationum_
occupied the position of the Angevin Exchequer. _Chamberlains_ looked
after the finance and the administration of the provinces, while
_Justices_, strangers to the districts in which they bore rule, tried
criminals and upheld peace and good order. Local _bailiffs_ cared for
the royal interests in the villages, and acted as judges in the first
instance, while the _Grand Justiciar_, the head of the Court of Capua,
made yearly perambulations of the provinces to control the local
machinery. Representative _General Courts_ anticipated by a generation
or more the system of estates of Northern Europe, and brought the
autocrat in touch with the needs of the chief orders of the community.
Public-domain text, read in full here on John Shaqi.
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