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Text in [square brackets] was added especially for this online publication by Ellopos
VII - THE [WESTERN] MEDIEVAL STATE
Page 10
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.
The Western Medieval Europe: Table of Contents
url: www.ellopos.net/politics/medieval-europe/
Cf. Eastern Roman Empire (Byzantium) * Ancient Rome * Ancient Greece * The Making of Europe
