But the attempt to combine his work as Emperor with his work as King of Bohemia was to be the great difficulty of his career; and scarcely had he succeeded in bringing the University into working order before the great rush of students began to alarm the inhabitants of Prague. Complaints were made of disorders, of the high price of provisions, and of difficulties arising from the want of accommodation in the city. This last objection Charles proceeded to meet by founding a new suburb of Prague, to be united by ditch, wall, and bridge with the old city, and to enjoy the same privileges as the rest of Prague. This helped forward Charles’s plans for raising Prague into Imperial importance; and the work of uniting all the different parts of the city was undertaken on so splendid a scale that, in a time of famine, Charles was able to solve “the problem of the unemployed,” by setting more than a thousand men to work on the new walls. But there still remained the disorders which had been brought about by the arrival of German students, who distrusted the justice of Bohemian tribunals. In order to restore peace, Charles placed the University directly under his own authority, and allowed no appeal from the decisions of the Rector, except to the highest court. This creation of an independent corporation of learning was a necessary stage in the growth of the University, and contained seeds both of good and evil, to be developed at a later time.
In the founding of this University, Charles had aimed at the accomplishment of two different objects; the establishment of an intellectual centre for the Empire, and the development of a new life in Bohemia. The second of these objects was probably the one nearest to his heart; and it was not only by the encouragement of learning that he hoped to promote it, but by attention to every phase of national well-being. He, like his grandfather Wenceslaus, desired to substitute a written code of laws for the floating mass of customs and traditions by which Bohemia was, in great part, governed. How far Wenceslaus had gone towards the execution of this plan cannot be ascertained; but Charles actually drew up his code, and gave it the name of the Majestas Carolina. If we may judge from his preface, and from the subject which stands first in the code, the cause of oppression and disorder which most impressed him in Bohemia was the alienation of royal lands by the Kings. The power which special nobles had gained, through these grants, had been often used in a most disorderly manner. The efficiency of the central Executive had been unduly weakened; and an excuse had been given for those continual demands for exceptional taxation, which had so painfully marked the reign of King John. Charles therefore drew up a careful list of the cities and lands, which, under no circumstances, should be alienated by the King, nor should any grant of them be asked for by others. Special arrangements were made for the registration, in a public court, of lands sold by the nobles; lands were not to be granted to the “dead hand”; special means of remedy were to be provided against oppression by the King; special restrictions were to be placed on the power of nobles over their dependants. Other provisions of various importance were contained in this document; but the great, and essential, point about it was, that these “Constitutions” were to be read four times a year in Bohemia, before a full assembly of the people, that all might know the laws by which they were governed.
PRAGUE (PRAHA) in 1200.
PRAGUE (PRAHA) in 1388.
MAPS SHOWING GROWTH OF PRAGUE UNDER CHARLES IV.
This provision pointed to Charles’s chief object in composing the Code; and it was doubtless this very demand which roused to its height the opposition of the nobles. It was not merely this or that privilege which the King was threatening; it was the whole fabric of feudal power, which depended much more on the separate and individual influence of each noble on his estate, than on any decrees of a collective Assembly; and this influence must necessarily give way before a code of written law, set forth by the King, and accepted and supported by the main body of the people.
Charles was no “benevolent despot,” determined to thrust upon his people, by force, principles of government for which they were not prepared. He yielded to the resistance of the nobles, and withdrew the main part of the Majestas Carolina. The concession was undoubtedly a wise one; and, however excellent were many of the changes which he had proposed, there were parts of this remarkable document which make one glad that they were not stereotyped in a code, nor sanctified in the memories of Bohemians by so close a connection with their popular king. Thus, for instance, Charles opens his code with a strong declaration of devotion to the Catholic faith, with a prohibition to Pagans and Saracens against settling in Bohemia, and with a promise to put down heresy with the sword.[4] Again, the declaration of the power of lords over their dependants is only limited by taking from the lords the right of putting out their eyes or cutting off their hands and feet; and though Charles, no doubt, was thinking more of these limitations than of the power which he still left to the nobles; yet it was obvious that such a statement in a code might be used in the very opposite sense to that in which it was written. That is to say, the code might have been appealed to in later times as securing to the nobles all the powers of which it did not expressly deprive them.