The prospect of reviving the German kingship which was veiled under the august title of Emperor seemed far distant at the beginning of the fifteenth century. But whilst the Empire, in its old sense, with its claims to universal dominion, was a dream, this German kingship needed but wisdom in the occupant of the throne to seize the national feeling, which was certain sooner or later to call out for a national ruler, in order to clothe itself in all the authority which was needed for the maintenance of the unity and the safety of the German people. That, when the time came, the man to grasp the opportunity was not there, was the chief amongst the causes of that unhappy tragedy of disunion which culminated in the Thirty Years' War.
§ 9. Attempts to introduce order.
In the middle of the fifteenth century an effort was made to introduce a system of regular assemblies, under the name of a Diet, in order to stem the tide of anarchy. But it never entered into the mind of the wisest statesman living to summon any general representation of the people. In the old feudal assemblies no one had taken part who was not an immediate vassal of the Empire, and the Diet professed to be only a more regular organization of the old feudal assemblies.
§ 10. The Diet, or general assemblies of the Empire.
From the Diet, therefore, all subjects of the territorial princes were rigorously excluded. Whatever their wishes or opinions might be, they had neither part nor lot in the counsels of the nation. There was nothing in the Diet answering to those representatives of English counties, men not great enough to assume the state of independent princes, nor small enough to be content simply to register without question the decrees of those in authority who with us did more than any other class to cement town and country, king and people together. Nor did even the less powerful of the immediate vassals take part in the meetings. Like the lesser barons of the early Plantagenet reigns, they slipped out of a position to which they seemed to have a right by the fact that they held their few square miles of land as directly from the Emperor as the Dukes of Bavaria or the Electors of Saxony held the goodly principalities over which they ruled.
§ 11. The princes care little for the Diet.
Such a body was more like a congress of the representatives of European sovereigns than an English Parliament. Each member came in his own right. He might or might not speak the sentiments of his subjects, and, even if he did, he naturally preferred deciding pretty much as he pleased at home to allowing the question to be debated by an assembly of his equals. An Elector of Saxony, a Landgrave of Hesse, or an Archduke of Austria knew that taxes were levied, armies trained, temporal and spiritual wants provided for at his own court at Dresden, at Cassel, or at Vienna, and he had no wish that it should be otherwise. Nor was it easy, even when a prince had made himself so obnoxious as to call down upon himself the condemnation of his fellows, to subject him to punishment. He might, indeed, be put to the ban of the Empire, a kind of secular excommunication. But if he were powerful himself, and had powerful friends, it might be difficult to put it in execution. It would be necessary to levy war against him, and that war might not be successful.
§ 12. Some sort of order established.
Still, at the end of the fifteenth and the beginning of the sixteenth centuries some progress was made. An Imperial Court (Reichskammergericht) came into existence, mainly nominated by the princes of the Empire, and authorized to pronounce judgment upon cases arising between the rulers of the various territories. In order to secure the better execution of the sentences of this court, Germany was divided into circles, in each of which the princes and cities who were entitled to a voice in the Diet of the Empire were authorized to meet together and to levy troops for the maintenance of order.
§ 13. The three Houses of the Diet.