The World's Greatest Books [Volumes 1-15, 17-20]

In France the effect of the war was to strengthen the Crown as against the Nobility, a process developed by the subtlety of Louis XI. Out of the long contest in which the diplomatic skill of the king was pitted against the fiery ambitions of Charles of Burgundy, Louis extracted for himself sundry Burgundian provinces. The supremacy of the Crown was secured when his son Charles VIII. acquired Brittany by marrying the Duchess Anne.

The essential distinction of ranks in France was found in the possession of land. Besides the National lands, there were lands reserved to the Crown, which, under the name of benefices, were bestowed upon personal followers of the king, held more or less on military tenure; and the king's vassals acquired vassals for themselves by a similar process of subinfeudation. On the other hand freeholders inclined, for the sake of protection, to commend themselves, as the phrase was, to their stronger neighbours and so to assume the relation of vassal to liege lord. The essential principle was a mutual contract of support and fidelity, confirmed by the ceremonies of homage, fealty, and investiture, which conferred upon the lord the right to various reliefs, fines, and rights capable of conversion into money payments.

Gentility, now hereditary, was derived from the tenure of land; the idea of it was emphasised by the adoption of surnames and armorial bearings. A close aristocracy was created, somewhat modified by the right claimed by the king of creating nobles. Prelates and abbots were in the same position as feudal nobles, though the duty of personal service was in many cases commuted for an equivalent. Below the gentle class were freemen, and the remainder of the population were serfs or villeins. It was not impossible for villeins to purchase freedom. In France the privileges possessed by the vassals of the Crown were scarcely consistent with the sovereignty. Such were the rights of coining money, of private war, and of immunity from taxation.

Such legislation as there was appears to have been effected by the king, supported by a Royal Council or a more general assembly of the barons. It was only by degrees that the Royal ordinances came to be current in the fiefs of the greater vassals. It was Philip the Fair who introduced the general assembly of the Three Estates. This assembly very soon claimed the right of granting and refusing money as well as of bringing forward grievances. The kings of France, however, sought to avoid convocation of the States General by obtaining grants from provincial assemblies of the Three Estates.

The old system of jurisdiction by elected officers was superseded by feudal jurisdiction, having three degrees of power, and acting according to recognised local customs, varied by the right to ordeal by combat. The Crown began to encroach on these feudal jurisdictions by the establishment of Royal courts of appeal; but there also subsisted a supreme Court of Peers to whom were added the king's household officers. The peers ceased by degrees to attend this court, while the Crown multiplied the councillors of inferior rank; and this body became known as the Parliament of Paris--in effect an assembly of lawyers.

The decline of the feudal system was due mainly to the increasing power of the Crown on the one hand, and of the lower ranks on the other; more especially from the extension of the privileges of towns. But the feudal principle itself was weakened by the tendency to commute military service for money, enabling the Crown to employ paid troops.

II.--Italy and Spain

After the disruption of Charlemagne's empire the imperial title was revived from the German, Otto the Great of Saxony. His imperial supremacy was recognised in Italy; the German king was the Roman emperor. Italian unity had gone to pieces, but the German supremacy offended Italy. Still from the time of Conrad of Franconia the election of the King of Germany was assumed, at least my him, to convey the sovereignty of Italy. In the eleventh century Norman adventurers made themselves masters of Sicily and Southern Italy. In Northern Italy on the other hand the emperors favoured the development of free cities, owning only the imperial sovereignty and tending to self-government on Republican lines. The appearance on the scene in the twelfth century of the Emperor Frederick Barbarossa introduced a period characterised by a three-fold change: the victorious struggle of the northern cities for independence; the establishment of the temporal sovereignty of the Papacy in the middle provinces; and the union of the kingdom of Naples to the dominions of the Imperial House. The first quarrels with Milan led to the formation of the Lombard league, and a long war in which the battle of Legnano gave the confederates a decisive victory. The mutual rivalries of the States, however, prevented them from turning this to good account. Barbarossa's grandson, Frederick II., was a child of four when he succeeded to the Swabian inheritance, and through his mother to that of Sicily.

It was now that the powerful Pope Innocent III. so greatly extended the temporal power of the Papacy, and that the rival parties of Guelfs and Ghibelins, adherents the one of the Papacy, the other of the Empire, were established as factions in practically every Italian city. When the young Frederick grew up he was drawn into a long struggle with the Papacy which ended in the overthrow of the Imperial authority. From this time the quarrel of Guelfs and Ghibelins for the most part became mere family feuds resting on no principles. Charles of Anjou was adopted as Papal champion; the republics of the North were in effect controlled by despots for a brief moment. Rome revived her republicanism under the leadership of Rienzi. In the general chaos the principle interest attaches to the peculiar but highly complicated form of democracy developed in Florence, where the old Patrician families were virtually disfranchised. Wild and disorderly as was the state of Florence, the records certainly point to the conditions having been far worse in the cities ruled by the Visconti and their like.