PPT 4 academiejaar 25-26.pptx

# The county of Flanders The county of Flanders emerged from the fragmentation of the Carolingian Empire, evolving from a feudal system with powerful castellans and burggraves to a more centralized administration with the introduction of bailiffs, reflecting a broader trend of defeudalization. ### 1.1 Origin and early administration * **Emergence from the Carolingian Empire:** Flanders originated from the \_pagus Flandrensis and \_pagus Rodanensis, with figures like Baldwin I being instrumental in its early establishment. * **Territorial divisions:** The county was divided into two main conceptual areas: * **Crown Flanders (Kroon-Vlaanderen):** Territories south of the Scheldt, under direct French royal influence. * **Imperial Flanders (Rijks-Vlaanderen):** Territories north of the Scheldt, often subject to the Holy Roman Emperor. Aalst was a significant city in this region. * **Kasselrijen:** These were the most important military, judicial, and administrative subdivisions of the county. * Some \_kasselrijen were further divided into guilds (\_ambachten). * Key \_kasselrijen included Bruges (West), Veurne (West), Ghent (East), and Ieper and Kortrijk (Middle). * The importance of \_kasselrijen varied geographically, with western ones focusing on smaller matters and less formal justice, and eastern ones being more powerful. * **Burggraves:** Initially, burggraves acted as the count's vassals and "watchdogs." They held significant power, often second only to the count, and commanded their own castles. This power was sometimes limited from above by the count and from below by the existence of \_heerlijkheden (lordships). ### 1.2 Evolution of governmental structures * **The Grafelijke Curia:** This was the count's court, which gradually evolved into a council around 1300. * **Defeudalization:** * This process involved the diminishing role of feudal vassals and the shift towards more appointed officials. * In the \_kasselrijen, the burggrave's influence began to wane. * The introduction of bailiffs (\_baljuws) around 1300 marked a significant change, replacing the hereditary burggraves. * Bailiffs were appointed for one or two-year terms, allowing the count to exercise greater control and draw power back to himself. * The grafelijke curia also saw the inclusion of non-feudal individuals, indicating a weakening of the purely feudal state. * **Bailiffs (\_Baljuws):** * Appointed officials who replaced burggraves around 1300. * Their appointment terms were short (one or two years). * They provided the count with a more direct means of control and administration, as their income was tied to the count's favor. ### 1.3 Feudal law and its legacy * **A sui generis legal system:** From approximately 1300 to 1789/1795, feudal law in Flanders was a unique system with both public and private law aspects. * **Leenhoven (Feudal Courts):** These remained important judicial bodies, forming a hierarchical system. * **Flanders and France:** The feudal bond between Flanders and the French monarchy persisted until 1526/1529. * **Specific rules for fiefs:** * The position within the feudal hierarchy determined the competent feudal court. * Fiefs were considered important assets. * Rules regarding primogeniture, male privilege, dowry rights (\_douarie), and transfer of property applied. * **Abolition of the feudal system:** The French Revolution, specifically on August 4, 1789, led to the complete destruction of the feudal system, with seignorial dues and rights being abolished without indemnity in 1793. The impact of this revolution was strongly felt in the Low Countries by 1795. ### 1.4 Evaluation of the feudal system * **Negative perceptions:** The feudal system often carries negative connotations due to its perceived obsolescence and the inherent inequality it fostered. * **Positive contributions:** * It had a history spanning over a thousand years. * It provided practical advantages in private law. * It offered public law benefits. * It formed the core of several concepts of the rule of law. * It was a system of customary law (\_volksrecht), distinct from Roman law. * It was even a distinct subject of study at some universities in the 18th century. * It established a system of mutual rights and obligations. ### 1.5 The broader context of fragmentation and centralization * **Carolingian Empire fragmentation:** The collapse of the Carolingian Empire led to a significant breakdown of centralized power, with the empire being divided among Louis the Pious's sons through the Treaty of Verdun in 843. * **Territorial principalities:** This fragmentation resulted in the emergence of powerful territorial principalities (like Flanders) within the larger former empire. * **Heerlijkheden (Lordships):** Within these principalities, power further devolved into smaller lordships. * These lordships often held judicial (high, middle, and low justice) and fiscal authority over their territories. * The basis of a lordship was often a socio-economic agricultural domain (\_hof), distinct from the contractual nature of feudalism between free men. * **Positive aspects of lordships:** Proximity and a sense of paternal protection for the inhabitants. * **Negative aspects of lordships:** Lack of fundamental rights and limited protection from internal or external threats, as the lord was also the judge. * **Territorialization of law:** A key development was the shift from personal law (based on tribal or customary rights) to territorial law (the law of the land). This process contributed to the emergence of the state. * **Contrasting French and German developments:** * France, after an initial period of decentralization, became a highly centralized state under the Capetian dynasty from the 10th century onwards. * Germany, within the Holy Roman Empire, remained more decentralized, with power vested in regional princes, a characteristic that persists in modern Germany's federal structure. * **The Holy Roman Empire of the German Nation:** This entity, while having a chosen king who often became emperor, was characterized by a complex web of principalities, ecclesiastical states, and free imperial cities. It featured some unifying elements like a central judiciary and the reception of Roman law, but ultimately remained highly fragmented until its dissolution in 1806. > **Tip:** Understanding the evolution from feudalism to more centralized administration through concepts like defeudalization and the introduction of bailiffs is crucial for grasping the development of governmental power in medieval and early modern Flanders. Pay attention to how the role of traditional feudal figures like burggraves changed. > **Example:** The shift from burggraves to bailiffs in Flanders exemplifies defeudalization. Burggraves were often hereditary feudal lords with significant autonomy. Bailiffs, on the other hand, were appointed officials directly accountable to the count, serving for limited terms, thereby enhancing the count's direct control and reducing the power of entrenched feudal families. * * * # Fragmentation of law and power The disintegration of the Carolingian Empire led to a significant fragmentation of power and law, resulting in the rise of territorial principalities and subsequently, numerous feudal lordships, fundamentally reshaping governance and legal structures across Europe. ### 2.1 The disintegration of the Carolingian empire The Carolingian Empire, once a unified entity, began to fragment following the death of Louis the Pious, son of Charlemagne. The empire was divided among his three sons through the Treaty of Verdun in 843, establishing three distinct realms: the West Frankish Empire, the East Frankish Empire, and the Middle Kingdom. This division, rooted in the patrimonium (inheritance) concept, marked the beginning of a decline in centralized authority. #### 2.1.1 From one to three (and ultimately two) * **Treaty of Verdun (843):** The initial division of the Carolingian Empire into three parts. * West Frankish Empire: Granted to Charles the Bald. * East Frankish Empire: Granted to Louis the German. * Middle Kingdom: Granted to Lothair. * **Evolution of the Middle Kingdom:** The Middle Kingdom eventually disappeared, largely absorbed into the Holy Roman Empire of the German Nation. This led to a de facto two-part division in Europe. * **Divergent Paths of West and East:** * **West (France):** Experienced a significant fragmentation of power in the 9th-10th centuries, where counts gained considerable authority. However, from around the year 1000, France embarked on a path of increasing centralization, becoming a highly centralized state. * **East (Germany):** Power remained more concentrated with the king/emperor for a longer period. However, over time, power shifted towards regional princes, leading to a more decentralized state that persists to this day, characterized by strong individual states. ### 2.2 Territorial principalities and the rise of lordships The weakening of central imperial authority after the Carolingian collapse allowed for the emergence and strengthening of territorial principalities. These principalities, in turn, began to fragment further into feudal lordships, each with its own degree of autonomy. #### 2.2.1 Territorial principalities through altered feudal power dynamics * **The French "King":** In the West Frankish realm, the French king's power became largely confined to the Ile de France (Paris-Orléans region). A new dynasty, the Capetians, replaced the Carolingians, aiming to consolidate royal power. * **Powerful Vassals:** Vassals, often with a tribal or military basis, wielded significant de facto power. Examples include the Flemish county count, the Bretons, and the Normans. * **Territorialization:** Power began to shift from a personal to a territorial basis. Regions like Burgundy were increasingly viewed as territories rather than simply groups of people. * **Hugo Capet:** The first Capetian king, Hugo Capet, initiated efforts to reduce the power of his vassals and establish a more hierarchical system, laying the groundwork for French centralization. * **Legacy of Principalities:** Many place names and administrative divisions across Europe still bear traces of these historical countships and margravates. #### 2.2.2 Further fragmentation: the lordships (seigneuries) The process of fragmentation continued down to the local level with the rise of "lordships" (seigneuries). These represented a further usurpation of public authority by local lords. * **Basis of Lordships:** * **De Facto Basis: Usurpation of the Ban Law:** Lords assumed public powers within their territories. * **Justice:** Lordships exercised high, middle, and low justice, including capital punishment, banishment, and disputes over land and resources. The severity of penalties often varied (e.g., 60, 10, or 3 pounds). * **Fiscality:** Lords had their own systems of taxation. * **Extent:** Lordships varied greatly in size, from a small plot of land to a conglomerate of parishes. * **Socio-economic Basis:** Primarily based on agrarian domains (hof) rather than the contractual relationship between free men in feudalism. * **Legal Basis: Immunity:** This concept, originating from Roman law, involved fiscal exemptions and later extended to judicial exemptions, limiting the access of royal or countly officials. * **Evaluation of Lordships:** * **Positive Aspects:** Proximity of the lord to the people, offering a form of paternalistic protection. * **Negative Aspects:** Lack of fundamental rights and protection against internal or external threats, as the lord was also the judge. * **Nature of Lordship:** A lordship was a public law organization where a lord acquired power over the people residing on his domain. Individuals working the land became legal subjects under the lord's authority, a key distinction from feudalism's contractual basis. * **Written Records:** While the feudal period has few written sources, a better overview of lordships emerges from the 14th century onwards. ### 2.3 The county of Flanders as a case study The County of Flanders serves as a prime example of how significant public authority (governmental rights) was lost by the French king to a county count. * **Origins:** Flanders emerged from the \_pagi (districts) of Flandrensis and Rodanensis. Over time, territories like Ghent, Waas, Kortrijk, and the Yser region were incorporated. * **Kasselrijen and Burgraves:** * **Kasselrijen:** These were the primary military, judicial, and administrative divisions within the county of Flanders. Some kasselrijen were further subdivided into guilds. * Central Kasselrijen (Ypres & Kortrijk): Dealt with minor matters and non-essential justice. * Western Kasselrijen (Bruges & Veurne): * Eastern Kasselrijen (Ghent): Held supreme power. * **Burgraves:** These were vassals of the count, serving as guardians of the count's interests. Initially, burgraves held considerable power, with only the count above them. Below them were lordships (feudal or otherwise). * **The Count's Curia and Bailiffs:** * **Count's Curia:** Evolved into a council around 1300. * **Defeudalization:** The process by which feudal vassals were replaced by appointed officials. * **Count's Bailiffs:** Around 1300, the count began to sideline the powerful burgraves, replacing them with bailiffs who were appointed for one or two years. This marked a shift in state thinking, allowing the count to regain direct control over power. * **Power Dynamics:** The count held military and judicial monopolies, effectively acting as a king within his county. The count of Flanders expanded his territory and solidified his power through military development and the construction of castles. Charismatic legitimacy was also employed. * **Boudewijn I and the Dynasty:** The dynasty of the Counts of Flanders originated with Boudewijn I, who famously abducted and married the daughter of the French king. * **Territorial Expansion:** Boudewijn II (879-918) oversaw military expansion, while Boudewijn IV (988-1035) implemented the division into kasselrijen and incorporated "Rijks-Vlaanderen" (Imperial Flanders), areas that were part of the Holy Roman Empire. The acquisition of territories like Ename further consolidated the count's power. * **Feudal Law in Flanders:** From 1300 to 1789/1795, feudal law was a unique system with both public and private law aspects. Feudal courts remained important, operating within a tiered system. The county of Flanders maintained a feudal bond with the French crown until the 16th century. The place of a fief in the feudal hierarchy determined the competent feudal court. Fiefs were important assets, with rules governing inheritance (primogeniture, male privilege), dowry, and transfer. The feudal system was formally abolished by the French National Assembly in 1789. > **Tip:** The concept of "defeudalization" signifies a crucial shift from power held by hereditary feudal lords to power exercised by appointed officials, allowing for greater central control. ### 2.4 The feudal system and its legal dimensions The feudal system, while contributing to the fragmentation of power, also created a complex legal framework with both public and private law implications. * **Feudal Law (1300-1789/1795):** A \_sui generis legal system incorporating public and private law aspects. * **Feudal Courts:** Remained significant judicial bodies organized in a hierarchical "feudal pyramid." * **State Law:** The feudal bond between Flanders and France persisted until 1526/1529. * **Specific Rules for Fiefs:** The position within the feudal hierarchy determined the competent feudal court. Fiefs were considered important assets, subject to rules like primogeniture, male privilege, dowry arrangements, and transfer regulations. * **The Role of Women:** The feudal system was not inherently against women inheriting fiefs; if a husband died, the fief could potentially pass to the wife. #### 2.4.1 Evaluation of the feudal system Despite a negative modern connotation often associated with obsolescence and inequality, the feudal system possessed significant positive elements: * **Longevity:** It endured for approximately 1000 years. * **Private Law Advantages:** Offered benefits in terms of property rights and inheritance. * **Public Law Advantages:** Contributed to the development of concepts related to governance and public order. * **Foundation of Legal Concepts:** Provided the core for several legal principles that underpin modern rule of law. * **Folk Law:** It represented a system of "folk law" in contrast to the more academic "learned" Roman law. * **Academic Recognition:** It was even taught as a distinct subject at some universities in the 18th century. * **Mutual Rights and Obligations:** It was fundamentally a system of reciprocal rights and duties between lords and vassals. > **Example:** The concept of a vassal owing military service to his lord in exchange for land is a classic example of the mutual rights and obligations inherent in feudalism. ### 2.5 Boundaries to fragmentation While fragmentation was a dominant trend, certain factors acted as boundaries or counteracting forces, influencing the development of law and power. #### 2.5.1 Territorialization of law A significant development was the territorialization of law, meaning that laws became increasingly tied to a specific territory rather than to individual ethnicity or tribal affiliation. * **Shift from Personality to Territoriality:** Instead of applying tribal law based on a person's origin, the law of the land where the offense occurred became dominant. * **End of Legal Dualism:** This marked the end of the coexistence of different legal systems (e.g., Germanic tribal laws and emerging regional customs). * **Emergence of the "State":** The concept of law being applied within a defined territory paved the way for the development of the territorial state. A state is defined as a group of people living in a specific territory with its own authority, structure, organization, and law, and crucially, recognized by other states. * **Fusion of Ethnicities:** The merging of ethnic groups, partly facilitated by the Church's role in regulating marriage and preventing incest, contributed to a more unified legal and social landscape within territories. * **Church's Role:** The Church played a crucial role in this transition, developing its own legal system concerning marriage and upholding Christian peace messages in response to widespread conflict. #### 2.5.2 The Peace of God movement (Godsvredebeweging) The Peace of God movement aimed to mitigate the pervasive violence and warfare by establishing periods of truce and peace. * **Christian Peace Message:** This movement arose as a response to the numerous conflicts between "sovereign" lordships. * **Forms of Peace:** * **Treuga Dei (Truce of God):** Limited to specific days or periods. * **Pax Dei (Peace of God):** Could be personal or territorial. * **Enforcement:** Oaths were sworn on relics, and while it had positive impacts on public order and laid groundwork for "laws of war," its enforcement was often limited and not always effective. * **Secularization:** The principles of the Peace of God also influenced secular "land peace" movements, representing early forms of legislation. #### 2.5.3 The Holy Roman Empire of the German Nation The Holy Roman Empire (HRR) represented a complex political entity with its own unique trajectory of power and fragmentation. * **Elected King/Emperor:** The HRR had an elected king who often also became emperor. The election process was initially based on custom and later formalized through the Golden Bull of 1356, involving seven Prince-Electors (four secular and three spiritual). * **Limited Central Power:** Unlike the French model of centralization, the HRR never achieved strong central authority. Power remained largely in the hands of regional princes. * **Princes and Bishops:** Emperors attempted to counterbalance the power of secular princes by granting authority to ecclesiastical rulers (prince-bishops and abbots). * **Investiture Controversy:** A significant conflict arose between the Pope and the Emperor over the appointment of bishops, known as the "Investiture Controversy," culminating in events like Canossa (1077). The Concordat of Worms (1122) sought to resolve this by distinguishing between spiritual and temporal powers. * **Internal Fragmentation:** The HRR was characterized by significant internal fragmentation, comprising approximately 600 entities, including principalities, ecclesiastical states, and free imperial cities. * **Elements of Unity:** Despite fragmentation, unifying elements included the figure of the Emperor, limited unified legislation, central courts (e.g., the Imperial Chamber Court and the Imperial Aulic Council), the reception of Roman law, and the Imperial Diet (Reichstag). * **Reception of Roman Law:** Roman law served as a subsidiary legal system, applied when customary law provided no solution. * **Endurance:** The HRR persisted until 1806, leaving a legacy of a decentralized political structure in Germany. * * * # The feudal system and its evolution The feudal system, characterized by reciprocal obligations between lords and vassals, underwent significant evolution from the 14th to the 18th century, marked by legal developments, the functioning of feudal courts, and a gradual process of defeudalization. ### 3.1 The nature of feudal law The feudal law, particularly from 1300 to 1789/1795, constituted a \_sui generis legal system encompassing both public and private law aspects. * **Dualistic character:** It bridged public law, concerning the relationships between lords and vassals and the exercise of governance, and private law, regulating property rights, inheritance, and contractual obligations related to fiefs. * **Feudal courts:** These courts remained crucial institutions, operating within a hierarchical structure referred to as the "feudal pyramid." * The competency of these courts was determined by a vassal's position within this hierarchy. * Fiefs themselves were considered important assets, subject to specific regulations concerning primogeniture, male privilege, dowries (douaire), and transfer rules. * **Feudal ties:** The relationship between Flanders and France, for instance, was characterized by a feudal bond that persisted until 1526/1529. * **Privileges:** Specific privileges, such as the right of pre-emption for family members (naastingsrecht), were also integral to feudal law. * **Abolition:** The feudal system was ultimately abolished by the National Assembly in France on August 4, 1789, with all seignorial dues and feudal rights being suppressed without indemnity by July 17, 1793. In the Low Countries, this transition was notably felt by 1795. > **Tip:** While feudal law has a negative modern connotation, it underpinned a significant legal and political structure for a millennium, contributing to the development of several fundamental legal concepts. ### 3.2 The evolution of feudal structures in Flanders The county of Flanders serves as a prime example of how royal power was eroded and later reasserted through a process of defeudalization. * **Origins:** Flanders originated from the Carolingian \_pagi (districts), specifically the \_Pagus Flandrensis. * **Territorial organization:** The county was divided into \_kasselrijen, which were the primary military, judicial, and administrative units. Some \_kasselrijen were further subdivided into guilds or crafts. * \_Middle kasselrijen (e.g., Ypres & Kortrijk) handled minor cases and informal justice. * \_West kasselrijen (e.g., Bruges & Veurne) and \_East kasselrijen (e.g., Ghent) were more powerful. * **The Count's Curia:** By approximately 1300, the count's curia evolved into a council, signifying a shift in governance. * **Defeudalization:** * **Decline of burggraven:** Initially, burggraven (castellans) were powerful feudal vassals serving as the count's lieutenants. Around 1300, the count began to marginalize them, replacing them with appointed officials known as \_baljuws. * **Rise of baljuws:** These \_baljuws were appointed for fixed terms (one or two years), allowing the count to exert greater control and centralize power. Their remuneration was often a fixed income, which gave the count more leverage. * **Shift in state thinking:** The replacement of feudal burggraven with salaried \_baljuws marked a significant change in governmental philosophy, moving away from personal feudal ties towards more centralized administration. * **Grafelijke curia/raad:** The evolution of the count's curia into a council also saw the gradual inclusion of non-feudal individuals, indicating a weakening of the purely feudal state. > **Example:** The replacement of hereditary burggraven with temporary, appointed \_baljuws in Flanders exemplifies defeudalization by diminishing the power of feudal lords and increasing the direct authority of the count. ### 3.3 Heerlijkheden (Lordships) and their role in fragmentation The fragmentation of power also manifested at a local level through the development of \_heerlijkheden (lordships). * **Basis of power:** \_Heerlijkheden were built upon the usurpation of the banrecht (the right to command and prohibit) and were characterized by: * **Justice:** They possessed high, middle, and low jurisdiction, allowing lords to impose punishments ranging from fines to capital sentences. * **Fiscality:** Lords also exercised their own fiscal powers, collecting taxes and dues. * **Scope:** The size of \_heerlijkheden varied greatly, from a small parcel of land to a conglomerate of parishes. * **Socio-economic foundation:** Their basis was primarily socio-economic, centered on agricultural estates or \_hoven. This differed from feudalism, which was based on contracts between free men. * **Juridical basis of immunity:** The concept of \_immunitas, originating from Roman law and granting fiscal exemptions, was extended. This evolved to include the \_verbod van introïtus, restricting access for royal or countly officials. * **Evaluation of lordships:** * **Positive aspects:** Provided proximity and a sense of paternalistic protection from the lord to the inhabitants. * **Negative aspects:** Lacked fundamental rights and offered no protection against internal or external threats, as the lord was also the judge. * **Fragmented jurisdiction:** In the Netherlands, the presence of over 600 jurisdictions, each with its own law, illustrates the profound fragmentation of authority. > **Tip:** Understand that \_heerlijkheden represent a more localized form of power, distinct from feudalism in its direct imposition of authority over inhabitants of a territory, rather than a contractual relationship between lords and vassals. ### 3.4 Defeudalization and the emergence of the territorial state The process of defeudalization was intrinsically linked to the growing territoriality of law and the eventual formation of the state. * **Territorialization of law:** This process involved a shift from personal law (where individuals were subject to the law of their tribe or lineage) to territorial law (where individuals were subject to the law of the land they occupied). * This was driven by a move from nomadic to sedentary lifestyles and the assimilation of ethnic groups. * The Church played a significant role by introducing marriage prohibitions, ending endogamy and promoting exogamy, which aided integration within a territory. * **The concept of the state:** The territorialization of law laid the groundwork for the modern state, defined as a group of people inhabiting a specific territory, possessing their own authority, structure, organization, and law, and recognized by other states. * **End of dualism:** The decline of distinct tribal laws and the move towards territorial law marked the end of legal dualism. * **Legal systems:** In Europe, a distinction emerged between: * \_Les pays de droits écrit: regions where Roman law was predominant. * \_Les pays de droits coutumier: regions where local customary law developed. * **The Church's role:** The Church was instrumental in bridging the gap between antiquity and the Middle Ages and facilitated the fusion of ethnic groups through its own legal developments, particularly concerning marriage and the prohibition of incest. * **The Godsvrede movement:** This movement, starting around the 10th century, promoted peace and order by establishing periods of truce (\_Treuga Dei) and broader peace pacts (\_Pax Dei), aiming to curb endemic violence. It contributed to the concept of public order and laid foundations for later secular legislation. * **The Holy Roman Empire:** While the Holy Roman Empire maintained some unifying elements like an emperor, central courts (Reichskammergericht, Reichshofrat), and a unified criminal code (\_Constitutio criminalis Carolina), it remained highly fragmented with numerous principalities, free imperial cities, and ecclesiastical states. The reception of Roman law also played a significant role in unifying legal principles. > **Example:** The \_Constitutio criminalis Carolina (1532) was an early attempt at a unified criminal law for the entire Holy Roman Empire, demonstrating a move towards standardization and state authority in legal matters, even within a fragmented political landscape. ### 3.5 Evaluation of the feudal system The feudal system, despite its eventual abolition and a predominantly negative modern perception, had significant positive aspects and a profound historical impact. * **Negative perception:** Often viewed as outdated and characterized by inequality. * **Positive elements:** * **Longevity:** Existed for approximately 1000 years. * **Private law benefits:** Contributed to the development of property rights and contractual norms. * **Public law benefits:** Provided a framework for governance and military organization. * **Legalistic concepts:** Contributed to the core of several legal principles, including those related to statehood and rights. * **Folk law:** Represented a system of customary law that stood in contrast to the "learned" Roman law. * **Academic recognition:** Was even taught as a separate subject at some universities in the 18th century. * **Mutual rights and obligations:** Fundamentally, it was a system based on reciprocal rights and duties between lords and vassals. This complex evolution from decentralized feudal structures to more centralized territorial states, marked by the interplay of feudal law, feudal courts, and the eventual process of defeudalization, significantly shaped the legal and political landscape of Europe. * * * # The Holy Roman Empire of the German Nation This section provides an overview of the Holy Roman Empire, focusing on its electoral system, the church's influence, and its inherent fragmentation until its dissolution. ### 4.1 Genesis and Structure The Holy Roman Empire emerged from the fragmentation of the Carolingian Empire following the Treaty of Verdun in 843. Initially divided into three parts for Louis the Pious's sons, the middle kingdom, held by Lothair, eventually fell to the Holy Roman Empire. Unlike the West Frankish kingdom which trended towards centralization under dynasties like the Capetians, the East Frankish realm, which became the Holy Roman Empire of the German Nation, developed a more decentralized structure. This decentralization was further exacerbated by the fragmentation of the realm into territorial principalities and then into numerous lordships (heerlijkheden). ### 4.2 The Electoral System and Imperial Authority The Holy Roman Empire was characterized by a system of electing its king, who would then typically be crowned emperor by the Pope. This elective monarchy was a significant departure from hereditary succession seen elsewhere. #### 4.2.1 The Electors Initially, the selection of the king was based on custom, with the power of election gradually consolidating among a select group of powerful rulers. * **Early Electors:** The exact composition evolved, but by the time of the Ottonian dynasty, certain territorial rulers held significant influence. * **The Golden Bull of 1356:** This landmark document codified the electoral process and formally established the college of seven prince-electors. These electors were responsible for choosing the king. * **Ecclesiastical Electors (3):** The Archbishops of Mainz, Cologne, and Trier. These were powerful figures who controlled significant church territories and resources. * **Secular Electors (4):** The King of Bohemia, the Duke of Saxony, the Count Palatine of the Rhine, and the Margrave of Brandenburg. These were hereditary rulers of significant principalities. #### 4.2.2 Imperial Power Dynamics The Holy Roman Emperor's power was often more de jure than de facto, especially in later centuries. * **Limited Territorial Power:** Emperors, even those crowned in Rome, possessed limited direct territorial power compared to rulers in more centralized monarchies. * **Influence of the Church:** The Church played a crucial role in the Empire's foundation and its ongoing existence, leading to the appellation "Holy" and "Roman." * **Eigenkirchenwesen (Own-Church System):** Emperors and powerful secular lords often established and controlled their own churches and monasteries, appointing their own clergy. * **Prince-Bishoprics and Abbey-Principalities:** Many ecclesiastical figures held both spiritual and temporal power, functioning as territorial rulers (e.g., the Prince-Bishoprics of Cologne, Mainz, Trier, and Liège). * **Investiture Controversy:** This prolonged struggle between the Papacy and the Emperors over the right to appoint bishops and abbots (the investiture of spiritualia and temporalia) was a defining feature of the Empire's relationship with the Church. The Concordat of Worms in 1122 attempted to resolve this by distinguishing between spiritual and temporal investiture. ### 4.3 Fragmentation and its Manifestations The Holy Roman Empire was fundamentally characterized by a profound and persistent fragmentation. #### 4.3.1 Lordships (Heerlijkheden) The further breakdown of territorial principalities led to the proliferation of lordships, which were essentially miniature principalities. * **Basis of Power:** Lordships were often based on the usurpation of the banrecht (the right to command and judge within a territory) and were characterized by: * **Jurisdiction:** Ranging from high (capital punishment) to middle (banishment, confiscation) and low (land and border disputes) justice. * **Fiscality:** The right to levy taxes and tolls. * **Varying Size:** From a single plot of land to a conglomerate of parishes. * **Socio-economic Foundation:** Lordships were often rooted in agrarian estates (hofs), differing from feudal tenures which were based on contracts between free men. * **Dual Evaluation:** * **Positive:** Proximity of the lord to the populace, offering a sense of paternalistic protection and accessibility. * **Negative:** Lack of fundamental rights and protections; subjects had little recourse against the lord as he was also the judge. #### 4.3.2 The Influence of Roman Law and Central Institutions Despite fragmentation, several unifying elements and institutions existed, often influenced by Roman law. * **Territorialization of Law:** Over time, law became increasingly tied to territory rather than personal status or tribal affiliation. This was a crucial step towards the formation of states. * **Reception of Roman Law:** Where customary law did not provide a solution, Roman law served as a subsidiary legal source. * **Central Courts:** Institutions like the Imperial Chamber Court (Reichskammergericht) and the Imperial Aulic Council (Reichshofrat) served as high judicial instances for the Empire. * **Imperial Diet (Reichstag):** Representatives convened for discussions on significant political issues facing the Empire. * **Limited Unified Legislation:** While the Emperor sought to introduce some degree of unified legislation, such as the Constitutio criminalis Carolina (a unified criminal code for the German Empire in 1532), the overall legal landscape remained highly fragmented. ### 4.4 Persistence until 1806 The Holy Roman Empire, with its deeply entrenched fragmentation and complex web of jurisdictions, persisted in this form until its dissolution in 1806. At its end, it comprised approximately 600 statelets, including principalities, ecclesiastical states, and free imperial cities, with powerful regional entities like Austria (under the Habsburg family) and Prussia gradually gaining prominence. > **Tip:** Understanding the interplay between the elective nature of the emperorship, the influence of powerful prince-electors, and the pervasive fragmentation into numerous lordships is key to grasping the unique and enduring structure of the Holy Roman Empire. > **Example:** The Holy Roman Empire contained numerous entities like the Prince-Bishopric of Liège, which was a significant ecclesiastical territory ruled by a prince-bishop, highlighting the intertwined nature of church and secular power within the Empire. * * * ## Common mistakes to avoid * Review all topics thoroughly before exams * Pay attention to formulas and key definitions * Practice with examples provided in each section * Don't memorize without understanding the underlying concepts

| Term | Definition | |------|------------| | Pagus | A historical administrative division, similar to a county or district, within the Frankish kingdoms, often forming the basis for later feudal territories. | | Crown Flanders | Territories south of the Scheldt River that were considered direct royal holdings of the French king, as opposed to Imperial territories. | | Reichsflandern / Imperial Flanders / French Flanders | Territories north of the Scheldt River that were part of the Holy Roman Empire, often under the direct authority of the Emperor. | | Kasselrijen | The primary military, judicial, and administrative subdivisions within the county of Flanders, some of which were further divided into guilds. | | Burggraven | Feudal lords appointed by the count to act as stewards or protectors of specific territories or castles, often holding significant judicial and military power. | | Court of the County | The assembly of officials and advisors of the count, which evolved from a feudal court into a more formal council by around 1300. | | Defeudalization | The process of replacing feudal officials and structures with appointed bureaucrats, thereby consolidating power under the central authority, in this case, the count. | | Bailiffs | Officials appointed by the count to administer justice and collect revenues, replacing the more autonomous burggraven around 1300 as part of the defeudalization process. | | Pagi | Plural of Pagus; refers to the ancient administrative districts or counties that formed the basis of early territorial organization in the Frankish realms. | | Feudal Law | A legal system that governed the relationships between lords and vassals, encompassing rights, obligations, and the transfer of land through inheritance and enfeoffment. | | Sui generis | A Latin term meaning "of its own kind" or "unique," used to describe a legal system or concept that does not fit neatly into established categories. | | Public Law Aspects | Elements of feudal law that pertained to the governance of the realm, the exercise of sovereign rights, and the relationships between rulers and subjects. | | Private Law Aspects | Elements of feudal law that dealt with the personal rights and obligations of individuals, particularly concerning property, inheritance, and contractual agreements. | | Feudal Pyramid | A hierarchical structure representing the relationships between lords and vassals, with the monarch at the apex and lesser lords and knights at lower levels. | | State Law | The body of law that governs the organization and functioning of the state, including the rights and powers of governmental institutions and officials. | | Feudal Relationship Flanders/France | The historical ties where the Count of Flanders was a vassal of the French king, holding his territory as a fief from the French crown. | | Firstborn Right | A rule of inheritance that grants the entire estate or title to the eldest son, often applied to the succession of fiefs and noble titles. | | Male Privilege | Legal or customary rights that are exclusively held by men, often in matters of inheritance, property ownership, or political participation. | | Douarie | A provision made for a wife, often in the form of land or income, to ensure her financial security upon her husband's death. | | Allodium | Land or property held in absolute ownership, not subject to feudal dues or obligations; a stark contrast to a fief. | | Leenhof Piramide | A hierarchical structure of feudal courts, where the jurisdiction of a particular court depended on the position of the fief within the feudal system. | | Treaty of Verdun | A pivotal agreement in 843 that divided the Carolingian Empire among the three surviving sons of Louis the Pious, laying the groundwork for future European states. | | Territorial Principalities | Larger, consolidated territories that emerged from the fragmentation of the Carolingian Empire, often ruled by powerful dukes or counts who exercised significant autonomy. | | Lordships (Heerlijkheden) | Local units of power where a lord exercised authority over land and the people living on it, often possessing judicial and fiscal rights. | | High, Middle, and Low Justice | A system of jurisdictional powers within lordships, ranging from the power to sentence individuals to death (high justice) to disputes over land and boundaries (low justice). | | Usurpation of Ban | The unlawful seizure or exercise of authority, specifically the ban or power of command and justice, by individuals who were not legitimately entitled to it. | | Immunities | Exemptions from certain legal or fiscal obligations, often granted to religious institutions or powerful nobles, which contributed to the fragmentation of royal authority. | | Roman Immunitas | A form of immunity in Roman law, primarily granting fiscal exemptions to imperial estates, which was later adapted and expanded in the medieval period. | | Interdictio Introitus | A prohibition of entry, restricting access for royal or countly officials to a territory or estate that enjoyed immunity, thereby limiting central oversight. | | Feudal Period | The historical era characterized by the prevalence of the feudal system, typically from the 9th to the 15th centuries. | | Territorialization of Law | The process by which laws became increasingly tied to specific geographical territories rather than to personal or tribal affiliations. | | Godsvrede Movement (Peace of God Movement) | A medieval movement aimed at reducing violence and promoting peace by establishing truces and protections, often under the auspices of the Church. | | Treuga Dei | A truce of God, a religiously inspired cessation of warfare during specific days or periods of the year. | | Pax Comitis | The peace of the count, referring to the count's authority to maintain order and enforce justice within his territory. | | Holy Roman Empire of the German Nation | A complex political entity in central Europe that existed from the Middle Ages until 1806, comprising numerous territories under the nominal suzerainty of an elected emperor. | | Electors (Kurfürsten) | The princes of the Holy Roman Empire who had the right to elect the King of the Romans, who would then typically be crowned Emperor. | | Investiture Controversy | A medieval conflict between the papacy and secular rulers over the right to appoint bishops and other church officials. | | Concordat of Worms | An agreement in 1122 between Pope Callixtus II and Holy Roman Emperor Henry V that resolved the Investiture Controversy by defining the respective roles of the Church and the Emperor in appointing bishops. | | Imperial Chamber Court (Reichskammergericht) | A supreme judicial body within the Holy Roman Empire, established to provide a centralized system of justice and legal recourse. | | Imperial Aulic Council (Reichshofrat) | Another high court of the Holy Roman Empire, primarily focused on matters related to the emperor's direct jurisdiction and territorial claims. | | Reception of Roman Law | The process by which Roman legal principles and texts were studied, adapted, and incorporated into the legal systems of various European countries during the late Middle Ages and Renaissance. | | Constitutio Criminalis Carolina | A comprehensive criminal code promulgated by Emperor Charles V in 1532, intended to standardize criminal law throughout the Holy Roman Empire. |