Between the years 1100 and 1500 A.D. the state-system of Europe passed

through changes amounting in their sum-total to a revolution. But the

changes which endured, whether they affected political boundaries or

constitutions, came about by slow instalments. At no stage of the

development was there any general cataclysm such as had followed the

dissolution of the Frankish Empire, and was to follow the advent of

Napoleon. New ideas matured slowly in the medieval mind; by the twelfth

century the forces making for social stability had grown until they

balanced those of disruption; and it was only in the age of the

Renaissance that the equilibrium was again destroyed. In the interim the

vested interests of property and privilege, of religious and secular

authority, presented a firm front to the anarchists and radicals. The

Jacquerie in France and Wat Tyler's followers in England, the Albigeois

of Languedoc and the Hussites of Bohemia, were overwhelmed by armies of

conservatives spontaneously banded together in defence of the

established order;--while this spirit prevailed among the ruling

classes, there was little fear that a revolution of any kind would be

effected by a sudden stroke. As in domestic politics, so too in

international relations, these solidly established states were

habitually inert, strong in defence, but irresolute and sluggish in

attack. The age produced no conqueror to sweep through Europe like a

whirlwind, because the implements of conquest on the grand scale had

either been destroyed or had not yet come into existence. The peoples of

Europe had emerged from the nomadic stage of culture, and they were not

yet organised as so many armed camps. The feudal host was hard to

mobilise, harder still to keep in the field, and at the best an

unmanageable weapon; a standing army of mercenary soldiers would have

called for taxation heavier and more regular than any ruler dared to

demand, or any people could afford to pay. The wars of the Middle Ages

have therefore, with few exceptions, a stamp of futility and pettiness.

Ambitious enterprises were foredoomed to failure, and powers apparently

annihilated by an invading host recovered strength as soon as it had

rolled away. In short, on the European and on the national stage alike,

medieval politics meant the eternal recurrence of the same problems and

disputes, the eternal repetition of the same palliatives and the same

plan of campaign. It is true that political science made more progress

than the art of war. But substantial reforms of institutions were

effected only in a few exceptional communities--in Sicily under the

Normans and Frederic II, in England under Henry II and Edward I, in

France under Philip Augustus and his successors. Even in these cases the

progress usually consists in elaborating some primitive expedient, in

developing some accepted principal to the logical conclusion. The more

audacious innovators, a Montfort, an Artevelde, a Frederic II, were

tripped up and overthrown as soon as they stepped beyond the circle of

conventional ideas. It will therefore suffice for our present purpose to

state in the barest outline the leading events of international

politics, and the chief advances in the theory of government, which

signalised the Middle Ages.

Extensive diplomatic combinations, though continually planned, seldom

came to the birth and very rarely led to any notable result. The

existence of some common interests was recognised; no power viewed with

indifference any movement threatening the existence of the Papacy, which

represented religious unity, or of the crusading principalities which

formed the outer bulwark of Western Christendom; the principle of the

Balance of Power, though not yet crystallised into a dogma, was so far

understood that the inordinate growth of any single power alarmed the

rest, even though they stood in no imminent danger of absorption.

Therefore whenever the Empire gained the upper hand over the Church,

whenever a new horde of Asiatics appeared on the horizon, whenever

France seemed about to become a province of England, or Italy a province

of France, the alarm was sounded by the publicists, and there ensued a

general interchange of views between the monarchies; treaty was piled on

treaty, alliance parried with alliance, as industriously as at any time

in modern history. But the peoples seldom moved, and the agitation of

the ruling classes effervesced in words. It is altogether exceptional to

find two of the greater states uniting for the humiliation of a third,

as England and the Empire united against Philip Augustus of France. Few

medieval battles were so far-reaching in their consequences as Bouvines

(1214), to which England owes her Magna Carta, Germany the magnificent

and stormy autumn of the Hohenstauffen dynasty, France the consolidation

of her long-divided provinces under an absolutist monarchy.

At ordinary times there were in medieval Europe two groups of states

with separate interests and types of polity. They were divided from one

another by a broad belt of debatable territory, extending from Holland

to the coast of Provence--the northern lands of the Carolingian Middle

Kingdom.

To the west lay the monarchies of the Iberian peninsula, of France,

England, and Scotland; connected by their interest in the trade of the

Atlantic seaboard, by a common civilisation in which the best elements

were of French origin, but most of all by their preoccupation with the

political questions arising out of England's claim to a good half of the

territory of France. The rivalry of these two great powers, which dated

in a rudimentary form from the Norman Conquest of England, became acute

when Henry II, heir in his mother's right to England and Normandy, in

that of his father to Anjou and Touraine, married Eleanor the duchess of

Aquitaine and the divorced wife of Louis VII (1152). Developing from one

stage to another, it alternately made and unmade the fortunes of either

nation for four hundred years, until Charles VII of France brought his

wars of reconquest to a triumphant conclusion by crushing, in Guyenne,

the last remnants of the English garrison and of the party which clung

to the English allegiance (1453). In the interval there had been sharp

vicissitudes of failure and success: the expulsion of the English by

Philip Augustus from Normandy, Maine, Anjou, Touraine, and Poitou; the

capture of Calais and recovery of Aquitaine by Edward III and the Black

Prince; the almost complete undoing of their work by Charles V and

Bertrand Duguesclin; the union of the French and English crowns (1420),

resulting from the victories of Henry V and the murderous feud of the

Burgundian and Armagnac factions; the apparition of Jeanne d'Arc as the

prophetess of French nationalism, and the regeneration of the French

monarchy by a new race of scientific statesmen. All the West had been

shaken by this secular duel. For Scotland it spelled independence, for

Navarre the loss of independence; in Castile it set on the throne the

new dynasty of Trastamare; to Aragon the result was the appearance of a

new rival in Mediterranean commerce, the frustration of hopes which had

centred round Provence and Languedoc, the imperilling of others which

were fixed on Italy. With each successive triumph of French over English

arms, the influence of France penetrated farther to the south and east;

and by the marriages or military successes of princes of the French

blood-royal, new territories were joined to the sphere of the western

nations. Under St. Louis the counties of Toulouse and Provence became

French appanages; his brother, Charles of Anjou, added to Provence the

derelict kingdom of Naples; and Sicily only escaped from the rule of the

Angevins by submission to the House of Aragon. After the victories of

Charles V the Valois dukes of Burgundy, supported by the influence now

of France and now of England, sketched the outlines of a new Middle

Kingdom, stretching from the Jura to the Zuyder Zee, and chiefly

composed of lands which had hitherto been attached to the Empire.

[Illustration: France]

The eastern group of nations is widely different in character. It

includes a greater number of states, even if we omit from the reckoning

the great German principalities which were, by the end of the Middle

Ages, all but sovereign powers; and it is less homogeneous in culture.

The Empire forms the centre of the group, and round the Empire the minor

states are grouped like satellites: on the west, Savoy and Provence;

south of the Alps, Venice, the Papal States, and the Kingdom of Sicily--

the last-named independent until 1194, and the private property of the

Hohenstauffen from that date till 1268; on the east the kingdoms of

Hungary and Bohemia and Poland, and the Russian principalities; on the

north the three Scandinavian powers. Large as it is, this group only

includes one state of the first rank; for the Norman kingdom, though a

masterpiece of constructive statesmanship, was important in European

politics rather as a second and a makeweight than as a principal, and

would have been more admired than feared but for the accidents which

made the Norman alliance so valuable to the Holy See. When Naples and

Sicily were held by German Emperors, the Empire towered like a colossus

above the states of Scandinavia, the Slav and the Magyar. But even

without this support, the Empire might have continued to dominate two-

thirds of Europe, if the imperial resources had not been swallowed up by

the wars of Italy, and if the Emperors who came after the interregnum

had given the national interest priority over those of their own

families. In fact, however, the mischief of the Mezentian union between

Italy and Germany survived their separation; as in western so in central

Europe, the course of political development was largely determined by

the persistent and disastrous efforts of a Teutonic to absorb a Latin

nationality. But whereas the English attacks on France were directly

responsible for the growth of a French national state, the failure of

Germany left Italy but half emancipated from the foreigner, and more

disintegrated than she had been at any period in the past. And whereas

England, by her failure, was reduced for a while to a secondary rank

among the nations, the purely German Empire of the fifteenth century was

still the leading power east of the Rhine. This was partly the result of

calamities to neighbouring nations which could neither be foreseen or

obviated. While Western Europe was shielded, in the later Middle Ages,

from the inroads of alien races, Eastern Europe felt the impact of the

last migratory movements emanating from Central Asia and the Moslem

lands. In the thirteenth century the advance guards of the Mongol Empire

destroyed the medieval kingdom of Poland, and reduced the Russian

princes to dependence upon the rulers of the Golden Horde. In the

fifteenth, the advance of the Turks along the Danube completed the ruin

of the Magyar state, already weakened by the feuds of aristocratic

factions. But, apart from these favourable circumstances, the resources

of Germany were irresistible when they could be concentrated. Twice

after the Great Interregnum the integrity of the Empire was threatened

by the Bohemian kingdom. On the first occasion, when Ottocar II had

extended his power into the German lands between Bohemia and the

Adriatic, he was overthrown by Rudolf of Hapsburg at the battle of the

Marchfeld (1278); and a new Hapsburg principality was formed out of the

reconquered lands to guard the south-east frontier against future

incursions of Czech or Magyar. On the second, when the Hussite levies

carried their devastations and their propaganda into all the

neighbouring provinces of the Empire (1424-1434), crusade after crusade

was launched against Bohemia until the heretics, uniformly victorious in

the field, were worn out by the strain of their exertions against

superior numbers, and all the more moderate spirits recognised that such

triumphs must end in the ruin and depopulation of Bohemia. The case was

the same in the Baltic, where the struggle with Danish ambitions was

left to the princes and the free towns. Waldemar II (1202-1241), who had

planned to revive the Scandinavian Empire of the great Canute, the

conqueror of England, saw his ambitious edifice crumble to pieces while

it was still in the making; even the Union of Kalmar (1397), by which

the crowns of Norway and Sweden and Denmark were vested in a single

dynasty, could not save the rich prize of the Baltic trade from falling

into German hands. Germany, even when ill-governed and a prey to the

ambitions of provincial dynasties, was still _grande chose et

terrible_, as more than one political adventurer learned to his cost.

The energy, the intelligence and the national spirit of a great people

made good all the errors of statesmen and all the defects of

institutions.

[Illustration: Holy Roman Empire under Frederick Barbarossa]

Late in the fifteenth century the Germans were mortified to discover

that, although a nation, they had not become a state. They found that

the centre of political power had shifted westward, that the destinies

of Europe were now controlled by the French, the English and the

Spaniards. These nations had perfected a new form of autocracy, more

vigorous, more workmanlike in structure, than any medieval form of

government. Germany in the meanwhile had clung to all that was worst and

feeblest in the old order; her monarchy, and the institutions connected

with it, had been reduced to impotence. The same process of decay had

operated in the minor states of the eastern group. In Scandinavia, in

Hungary, in the Slavonic lands, the tree of royal power was enveloped

and strangled by the undergrowth of a bastard feudalism, by the

territorial power of aristocracies which, under cover of administrative

titles, converted whole provinces into family estates and claimed over

their tenants the divine right of unlimited and irresponsible

sovereignty. To investigate all the reasons for the political

backwardness of these eastern peoples would carry us far afield. But one

reason lies on the surface. Outside the free towns they had produced no

middle class; and their towns were neither numerous nor wealthy enough

to be important in national politics. They were not even represented in

the national assemblies. In consequence the sovereigns of these states

were obliged to govern by the help of aristocratic factions; to purchase

recognition by the grant of larger and larger privileges; and for the

sake of power to strip themselves of the resources which alone could

give their power any meaning. But good government in the Middle Ages was

only another name for a public-spirited and powerful monarchy. Such

monarchies existed in the western states; they rested upon the shoulders

of a middle class of small landowners and wealthy merchants, too weak to

defend themselves in a state of nature, a war of all against all, but

collectively strong enough to overawe the forces of anarchy.

It may seem strange that this class, which desired strong government for

purely practical and material reasons, should uniformly have accepted

hereditary kingship as the one form of government practicable in a large

community. Even where there was the warrant of tradition for recourse to

free election, the better governed states preferred that the supreme

power should pass automatically from father to son. The explanation is

to be found in the motives which prompted the Athenians, under widely

different circumstances, to choose their magistrates by lot. The grand

danger, to be avoided at all costs, was that a disputed succession would

leave the daily work of government in abeyance and open the door for

destructive party-conflicts. If continuity and stability of government

were assured, all would go well. The work of a ruler was not supposed to

demand exceptional abilities; he existed to do justice, to secure every

man in the possession of his own, to apply the law without respect of

persons. For these purposes a high sense of duty was the main requisite.

The wisest heads of the community would be at the king's service for the

asking; he could hardly go wrong if he heard attentively and weighed

impartially the counsel which they had to offer. Admitting that he would

be all the more efficient for possessing some practical capacity, some

experience of great affairs, was it not probable that a man of average

intelligence, who had been trained from his youth to fill the kingly

office, would acquit himself better than some self-made adventurer of

genius, who had paid more attention to the arts of winning place and

popularity than to the work that would be thrown upon him when he

reached the goal of his ambition? When we further recollect that

hereditary kingship was sanctioned by use and wont, was the most

intelligible symbol of national unity, and possessed as of right all the

prerogatives which were necessary for effective government, it is no

wonder that even those to whom doctrines of popular sovereignty and a

social contract were perfectly familiar acquiesced contentedly in a form

of government which the modern world regards as unreasonable and

essentially precarious.

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 first stage of the policy was to organise the administration of

those parts of each kingdom which, not having been absorbed in

privileged fiefs, were still subject to the royal justice and

contributory to the royal revenue. Owing to the foresight of William the

Conqueror, there were few such fiefs in England; only in two palatine

earldoms (Durham and Cheshire), on the Welsh and northern borders, and

on the lands of a few prelates, was the king permanently cut off from

immediate contact with the subject population. With these exceptions the

face of England was divided into shires, and administered by sheriffs

who were nominees of the Crown, dismissable at pleasure. The shires

again were divided into hundreds governed under the sheriff by

subordinate officials. But for the most important duties of executive

routine the sheriff alone was responsible; he collected the revenue, he

led the militia, he organised the Watch and Ward and Hue and Cry which

were the medieval equivalents for a constabulary; finally, he presided

over the shire moot in which the freeholders gathered at stated

intervals to declare justice and receive it. The shires were

periodically visited by Justices in Eyre (analogous to the Frankish

_missi_) who heard complaints against the sheriff, inspected his

administration, tried criminals, and heard those civil suits

(particularly cases of freehold) which were deemed sufficiently

important to be reserved for their decision. These itinerant

commissioners were selected from the staff of the royal law court

(_Curia Regis_), a tribunal which, in the thirteenth century, was

subdivided into the three Courts of Common Law and acquired a fixed

domicile at Westminster. The shire courts and the royal court were alike

bound by the statute-law, so far as it extended; but, in the larger half

of their work, they had no guides save the local custom, as expounded by

the good men of the shire court, and the decisions recorded on the rolls

of the royal court. From the latter source was derived the English

Common Law, a system of precedents which, in spite of curious subtleties

and technicalities, remains the most striking monument of medieval

jurisprudence. In and after the fourteenth century it was supplemented

by Equity, the law of the Chancellor's court, to which those suitors

might repair whose grievances could not be remedied at Common Law, but

were held worthy of special redress by the king in his character of a

patron and protector of the defenceless. Lastly, on the fiscal side, the

work of the sheriffs and of the judges was supervised by the Exchequer,

a chamber of audit and receipt, to which the sheriffs rendered a

half-yearly statement, and in which were prepared the articles of

inquiry for the itinerant justices. Originally a branch of the Curia

Regis and a tribunal as well as a treasury, the Exchequer always remains

in close connection with the judicial system, since one of the three

Courts of Common Law is primarily concerned with suits which affect the

royal revenue. Such was the English scheme of administration, and

_mutatis mutandis_ it was reproduced in France. Here the royal

demesne, small in the eleventh and twelfth centuries, was enormously

enlarged by the annexations of Philip Augustus and the later Capets, who

brought under their immediate control the larger part of the Angevin

inheritance, the great fiefs of Toulouse and Champagne, and many smaller

territories. To provide for the government of these acquisitions, there

was built up, in the course of the thirteenth century, an administrative

hierarchy consisting of provosts, who correspond to the bailiffs of

English hundreds, of _baillis_ and _senechaux_ who resemble the English

sheriffs, of _enqueteurs_ who perambulate the demesne making inspections

and holding sessions in the same manner as the English Justices in Eyre.

All these functionaries are controlled, from the time of St. Louis, by

the _Chambre des Comptes_ and the _Parlement_, the one a fiscal

department, the other a supreme court of first instance and appeal.

Within the _Parlement_ there is a distinction between the Courts of

Common Law and the _Chambre des Reqeutes_ which deals with petitions by

the rules of Equity.

The vices of both systems were the same. The local officials were too

powerful within their respective spheres; neither inspectors nor royal

courts proved adequate as safeguards against corruption and abuses of

authority, which were the more frequent because the vicious expedients

of farming and selling offices had become an established practice.

Otherwise the English system was superior to that of France,

particularly in making use for certain purposes of local representatives

as an additional check upon the servants of the Crown. The English shire

was in fact as well as in law a community with a true corporate

character (_communitas_), and possessed a public assembly which was

a law court and a local parliament in one. Though the ordinary suitor

counted for little, the secondary landowners, united by ties of local

sentiment and personal relationship, took a lively interest and an

active share in the business of the shire court, upholding the local

custom against sheriffs and judges, serving as jurors, as assessors of

taxes, as guardians of the peace, and (from the fourteenth century) as

petty magistrates. Whether elected by their fellows or the nominees of

the Crown, these functionaries were unpaid, and regarded themselves as

the defenders of local liberty against official usurpations. In France

the district of the _bailli_, and still more that of his subordinate the

_prevot_, was an arbitrary creation, without natural unity or corporate

sentiment; there was therefore no organised resistance to executive

authority, and no reason why the Crown should court the goodwill of the

landed gentry. In the lower grades of the Plantagenet system a powerful

middle class served a political apprenticeship; under the Capets all

power and responsibility were jealously reserved to the professional

administrator. In England the next step in constitutional development,

the addition to the national assembly of a Third Estate, was brilliantly

successful, since the House of Commons was chiefly recruited from

families which had long been active partners in local administration. In

France the Third Estate, though constantly summoned in the fourteenth

century, proved itself politically impotent.

Medieval Europe · 第 8 / 13 段