[German Culture Past and Present by Ernest Belfort Bax]@TWC D-Link bookGerman Culture Past and Present CHAPTER V 27/31
But it made little real headway in Germany itself as against the early institutions until the fifteenth century, when the provincial power of the princes of the empire was beginning to overshadow the central authority of the titular chief of the Holy Roman Empire.
The former, while strenuously resisting the results of its application from above, found in it a powerful auxiliary in their Courts in riveting their power over the estates subject to them.
As opposed to the delicately adjusted hierarchical notions of Feudalism, which did not recognize any absoluteness of dominion either over persons or things, in short for 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.
<<Back Index Next>> D-Link book Top TWC mobile books
|