Such were the principles that ruled in all the countries comprised within the limits of Charlemagne’s empire, that is to say, almost the whole of the Germanic peoples, France, Germany, Italy, and the north of Spain. The political geography of the countries formed itself after the fashion of its feudal organisations. As the fundamental axiom of feudalism expressed itself, “No territory without its lord,” there did not exist throughout the land a domain so small that it was not incorporated in some degree in the hierarchy. Of all these superimposed suzerainties, the royal was the only one whose limits served to determine the extent of the realms already formed but still very vaguely outlined.[i]
The difference between feudalism and the politics both of antiquity and of modern times lies, according to Paul von Roth,[j] chiefly in the absence of a state power. There was no proper monarchy; public offices are hereditary or belong to an estate. The impossibility of the permanence of feudalism is shown, he says, most clearly in the feudal army by which even feudal justice suffered. Von Roth draws a vivid comparison between France and Germany at the end of the tenth century: France is much the more feudal and anarchic under the powerless Hugh Capet; Germany is more centralised under monarchic power. He compares them again three centuries later: France is a consolidated monarchy; Germany weak with a lasting weakness. The cause he finds above all is this—that the French kings had vigorously and in every way worked for the uprooting of the feudal system.[a]
THE TRANSITION FROM FEUDALISM TO MONARCHY
The moral phenomena above mentioned, tending in the direction of a general principle, were partly of a subjective, partly of a speculative order. But we must now give particular attention to the practical political movements of the period. The advance which that period witnessed presents a negative aspect, in so far as it involves the termination of the sway of individual caprice and of the isolation of power. Its affirmative aspect is the rise of a supreme authority whose dominion embraces all—a political power properly so called, whose subjects enjoy an equality of rights, and in which the will of the individual is subordinated to that common interest which underlies the whole.
This is the advance from feudalism to monarchy. The principle of feudal sovereignty is the outward force of individuals—princes, liege lords; it is a force destitute of intrinsic right. The subjects of such a constitution are vassals of a superior prince or seigneur, towards whom they have stipulated duties to perform; but whether they perform these duties or not depends upon the seigneur’s being able to induce them so to do, by force of character or by grant of favours. Conversely, the recognition of those feudal claims themselves was extorted by violence in the first instance; and the fulfilment of the corresponding duties could be secured only by the constant exercise of the power which was the sole basis of the claims in question. The monarchical principle also implies a supreme authority, but it is an authority over persons possessing no independent power to support their individual caprice, where we have no longer caprice opposed to caprice; for the supremacy implied in monarchy is essentially a power emanating from a political body, and is pledged to the furtherance of that equitable purpose on which the constitution of a state is based.
Feudal sovereignty is a polyarchy—we see nothing but lords and serfs; in monarchy, on the contrary, there is one lord and no serf, for servitude is abrogated by it, and in it right and law are recognised; it is the source of real freedom. Thus in monarchy the caprice of individuals is kept under, and a common gubernatorial interest established. But since this monarchy is developed from feudalism, it bears in the first instance the stamp of the system from which it sprang. Individuals quit their isolated capacity and become members of estates (or orders of the realm) and corporations; the vassals are powerful only by combination as an order; in contraposition to them the cities constitute powers in virtue of their communal existence. Thus the authority of the sovereign ceases to be mere arbitrary sway. The consent of the estates and corporations is essential to its maintenance; and if the prince wishes to have it, he must will what is reasonable.
We now see a constitution embracing various orders, while feudal rule knows no such orders. We observe the transition from feudalism to monarchy taking place in three ways: (1) Sometimes the lord paramount gains a mastery over his independent vassals, by subjugating their individual power, thus making himself sole ruler. (2) Sometimes the princes free themselves from the feudal relation altogether, and become the territorial lords of certain states; or lastly (3) the lord paramount unites the particular lordships that own him as their superior with his own particular suzerainty in a more peaceful way, and thus becomes master of the whole.
These processes do not indeed present themselves in history in that pure and abstract form in which they are exhibited here; often we find more modes than one appearing contemporaneously, but one or the other always predominates. The cardinal consideration is that the basis and essential condition of such a political formation is to be looked for in the particular nationalities in which it had its birth. Europe presents particular nations, constituting a unity in their very nature, and having the absolute tendency to form a state. All did not succeed in attaining this political unity; we have now to consider them severally in relation to the change thus introduced. First, as regards the Roman Empire, the connection between Germany and Italy naturally results from the idea of that empire: the secular dominion united with the spiritual was to constitute one whole; but this state of things was rather the object of constant struggle than one actually attained. In Germany and Italy the transition from the feudal condition to monarchy involved the entire abrogation of the former; the vassals became independent monarchs.
PROGRESS IN GERMANY
Germany had always embraced a great variety of stocks—Swabians, Bavarians, Franks, Thuringians, Saxons, Burgundians; to these must be added the Slavs of Bohemia, Germanised Slavs in Mecklenburg, in Brandenburg, and in a part of Saxony and Austria; so that no such combination as took place in France was possible. Italy presented a similar state of things. The Lombards had established themselves there, while the Greeks still possessed the exarchate and lower Italy; the Normans too established a kingdom of their own in lower Italy, and the Saracens maintained their ground for a time in Sicily. When the rule of the house of Hohenstaufen was terminated, barbarism got the upper hand throughout Germany; the country being broken up into several sovereignties, in which a forceful despotism prevailed. It was the maxim of the electoral princes to raise only weak princes to the imperial throne; they even sold the imperial dignity to foreigners. Thus the unity of the state was virtually annulled.