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The princes and the Landstände

In the various principalities the outcome of the struggle between the territorial princes and the assemblies of estates (Landstände) was not fully decided by 1500. The vigour of the conflict arose partly out of the contrasting conceptions of government held by the protagonists. The secular princes looked upon their lands as private possessions that could be divided by agreement among their sons and drew little distinction between their private and their public revenues. The three estates regarded themselves as the corporate representatives of the whole territorial community and maintained that actions by a prince affecting their interests and privileges should be subject to their consent. They therefore opposed the partition of the territory by family pact among the princes’ sons. The inadvisability of breaking up the principalities into petty territorial lordships was at length conceded by the more prudent princes. By 1500 the rulers of Bavaria, Brandenburg, Saxony, and Württemberg had accepted the principles of territorial indivisibility and primogeniture.

In financial matters the imposition of extraordinary taxes (Notbeden) remained the crucial issue between the princes and the estates. The mounting cost of war and administration outstripped the ordinary revenues of the ruler, plunged him deeply into debt, and compelled him to seek financial aid from the estates with increasing frequency. In the absence of a clear distinction between public and private revenue, the estates often contended that the deficit was a private debt of the prince and disclaimed responsibility. Needy princes were thus forced to buy temporary solvency by concessions that later shackled them in their dealings with the estates. The estates regarded the Notbede strictly as an occasional emergency tax and insisted that it should be reasonable in amount. Indeed, the estates of Bavaria and Brunswick extracted from their respective princes in the course of the 14th century a formal recognition of their right of armed resistance to extortionate taxation. Similarly, any prince who broke his agreements with the estates was subject to the right of resistance. Thus the aims of these territorial assemblies were mixed. They sought to preserve the privileges of the three orders, to restrain the power of the prince, and to limit taxation. They were, however, also actively interested in good government, and the more enlightened rulers usually issued their ordinances only after consultation with the estates.

The princes proceeded against these powerful and often turbulent bodies with great caution. They persistently demanded that territorial assemblies convene only at the summons of the prince. They discountenanced the widespread conviction that absentees from the assembly were not bound to pay the taxes that it voted. In consequence, the peasants, who were not represented except in the Swiss cantons, Baden, Friesland, and Tirol, remained in the grasp of the princes’ tax collectors. In these directions the princes had generally made notable advances by 1500, but in the vital matter of the Notbede they were still obliged to bargain with the estates as equals. They had nowhere attained their ultimate objective: to transform the tax into a regular imposition voted automatically by the estates on demand.

Beyond the confines of the assemblies of estates, the attempts of the princes to curb their overmighty subjects aroused vigorous resistance. The noble vassals, proud and unruly, readily combined against any prince who sought to tamper with their liberties. Wise rulers deflected the nobles’ energies into useful channels by employing them as stipendiaries. Hence even the most powerful princes—the Habsburgs in Austria and the Hohenzollerns in Brandenburg—proceeded circumspectly, and the difficult task of bringing the nobility to heel was far from completed in 1500. The cities of the princely territories defended their independence no less stubbornly. The princes revoked their charters, influenced municipal elections, and forbade the cities to associate in self-defense. The struggle was most intense in the north and east, where the Hohenzollern dynasty of Brandenburg emerged as the chief foe of municipal freedom. In 1442 the elector Frederick II (“Iron Tooth”) crushed a federation of Brandenburg cities and deprived its leader, Berlin, of its most valued privileges. In the Franconian possessions of the dynasty, Albert Achilles of Hohenzollern waged a destructive war (1449–50) against a city league headed by Nürnberg. He suffered a resounding defeat in a pitched battle near Pillenreuth in 1450. The elector John Cicero took up the battle 38 years later, when the cities of the Altmark in west Brandenburg refused to pay an excise tax on beer voted by the assembly of estates. He discomfited the cities in the ensuing “Beer War” and radically revised their constitutions to his own advantage. On the other hand, the great cities of southern Germany, enriched by the Italian trade, were more than a match for the local princes: the Wittelsbach dukes of Bavaria were decisively worsted by Regensburg in 1488.

The growth of central governments

Between 1300 and 1500 the organs of central government in the territorial states became more specialized and diversified. The parent body was the advisory council (Hofrat) of high nobles and ecclesiastics, whom the prince consulted at his discretion. Its business was not differentiated, and there was no division of labor among the councillors. It met at the summons of the prince and did not convene at regular intervals. Its membership was not fixed, and some advisers did not attend except at special invitation. Others were regional councillors who attended the prince only when he appeared in their locality. A body so unspecialized and fluctuating was ill-adapted to cope with the increasingly complex problems of central government. Hence in the 14th and 15th centuries a professional element of “daily” or permanent councillors was introduced. They were usually legists, trained in Italy or in the newly founded universities of Prague (1364), Vienna (1365), Heidelberg (1386), Rostock (1419), and Tübingen (1477). They were well versed in Roman law, which, with its centralizing and authoritative precepts, provided a congenial climate for the growth of the powers of the territorial princes everywhere save in Saxony, Schleswig, and Holstein, where the ancient customary codes were deeply rooted. Financial administration, which required specialized skills, was placed under the direction of a separate department of government, the treasury (Hofkammer). An inner ring of favoured advisers, the privy council (Geheimrat), was also instituted to counsel the prince on affairs of state. The besetting weakness of the new administrative structure was financial. Few princes followed the example of the Hohenzollern dynasty in drawing up an annual budget and requiring financial officials to submit regular accounts to the government. On the positive side, chanceries gradually created a common German language, which Luther later used to spread his message.

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German society, economy, and culture in the 14th and 15th centuries

Transformation of rural life

Despite the impressive advance of trade and industry in the later Middle Ages, German society was still sustained chiefly by agriculture. Of an estimated population of 12 million in 1500, only 1.5 million resided in cities and towns. Agriculture exhibited strong regional differences in organization. The more recently settled areas of the north and east were characterized by great farms and extensive estates that produced a surplus of grain for export through the Baltic ports. The south and west was a region of denser population, thickly sown with small villages and the “dwarf” estates of the lesser nobility. In the northeast the great landlords, headed by the Knights of the Teutonic Order, tightened their control over the originally free tenants, denied them freedom of movement, and ultimately bound them to the soil as serfs. In the south the heavy urban demand for grain chiefly benefited the larger peasant proprietors, who sold their surplus production in the nearest town and used their gains to acquire more land. The lesser peasantry, with their smaller holdings, practiced chiefly subsistence farming, produced no surplus, and therefore failed to benefit from the buoyant urban demand. The frequent division of the patrimony among heirs often reduced it to uneconomically small fragments and encouraged an exodus to the cities. On the other hand, landless day laborers who survived the Black Death in the mid-14th century were able to command higher wages for their services.

In southern Germany the strain of transition in rural society was heightened by the policies of the landlords, both lay and ecclesiastical. Confronted by labor shortages and rising costs, many landlords attempted to recoup their losses at the expense of their tenants. By means of ordinances passed in the manorial courts, they denied to the peasantry their traditional right of access to commons, woods, and streams. Further, they revived their demands for the performance of obsolete labor services and enforced the collection of the extraordinary taxes on behalf of the prince. The peasants protested and appealed to custom, but their sole legal recourse was to the manorial court, where their objections were silenced or ignored. Ecclesiastical landlords were especially efficient, and peasant discontent assumed a strong anticlerical tinge and gave rise to the localized disturbances in Gotha (1391), Bregenz (1407), Rottweil (1420), and Worms (1421). Disturbances recurred with increasing frequency in the course of the 15th century on the upper Rhine, in Alsace, and in the Black Forest. In 1458 a cattle tax imposed by the archbishop of Salzburg kindled a peasant insurrection, which spread to Styria, Carinthia, and Carniola. In Alsace the malcontents adopted as the symbol of revolt the Bundschuh, the wooden shoe usually worn by the peasants. They also formulated a series of specific demands, which included the abolition of the hated manorial courts and the reduction of feudal dues and public taxes to a trifling annual amount. On these fundamental points there was little room for compromise, and the outbreaks were stifled by the heavy hand of established authority. But the rigours of repression added fuel to peasant discontent, which finally burst forth in the great uprising of 1524–25 (see below The revolution of 1525).

The nobility

The lesser nobility included two distinct elements. The imperial knights (Reichsritter) held their estates as tenants in chief of the crown. The provincial nobility (Landesadel) had lost direct contact with the crown and were being compelled by degrees to acknowledge the suzerainty of the local prince. The imperial knights had been extensively employed by the Hohenstaufen emperors in military and administrative capacities and were chiefly concentrated in the former Hohenstaufen possessions in Swabia, Franconia, Alsace, and the Rhineland. With the extinction of the Hohenstaufen dynasty, they lost their function and rewards as a nobility of service. The revenues from their small estates sank in purchasing power as prices rose. Caste prejudice prevented them from seeking an alternative role in trade or industry. Resentful of the decline in their fortunes and fiercely independent, they clung grimly to their remaining privileges: exemption from imperial taxes and the right to indulge in private war. They stubbornly resisted the persistent attempts of the princes to reduce them to subject status, and in Trier and Württemberg especially they were given valuable aid by the provincial nobles. For purposes of defense or aggression, the imperial and provincial knights combined freely in powerful regional leagues, usually directed against the local princes or cities. In the course of their chronic feuds with the cities, many knights became mere highwaymen. Many others, who had been forced to sell their estates or who were encumbered with debts, took service in Germany or Italy as mercenaries (Soldritter). In eastern Germany the knights, though equally unruly, were far more affluent. The knightly estate (Rittergut) was larger and produced a profitable surplus for export. The provincial knights sat in the assembly of estates, and taxation by the prince required their consent. They were therefore well-entrenched against the encroachments of princely power.