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HISTORY] of the burghers. For the science of government, too, much was done, partly by the introduction from Italy of the study of Roman law, partly by the collection of native customs in the Sachsenspiegel compiled by Eike von Repgow early in the 13th century, and the less valuable Deutschenspiegel and Schwabenspiegel. Altogether, Germany has seen no more fascinating epoch, none more full of life, movement and colour.

Yet it was in this age that the German nation utterly lost its political strength. Even after Lothair the Saxon, a line of sovereigns rigidly confining themselves to their own kingdom might have mastered the many influences

which were making for disunion. But the Hohenstaufen family, like their Saxon and Franconian predecessors, would be content with nothing short of universal dominion; and thus the crown which had once been significant of power and splendour gradually sank into contempt. Under the strong rule of Frederick Barbarossa and his son this process was temporarily stopped, but only to advance more rapidly when they were gone. During the confusion of the civil war carried on by Otto IV. and Philip, the princes, being subject to hardly any check, freely obtained crown lands and crown rights, and the mischief was too extensive to be undone by Frederick II. In 1220, in order to secure the adhesion of the church to his son Henry, he formally confirmed the spiritual princes in their usurpations; eleven years later at Worms still more extensive advantages were granted to the princes, both spiritual and secular, and these formal concessions formed the lawful basis of the independence of the princely class. Such authority as the emperor reserved for himself he could exercise but feebly from a distant land in which his energies were otherwise occupied. His immediate successors can hardly be said to have exercised any authority whatever; and they lost hold of the border countries which had hitherto been dependent upon or connected with Germany. Thenceforth Denmark and Poland rendered no homage to the German crown, and Burgundy was gradually absorbed by France.

The country was not now divided into a few duchies which, with skilful management, might still in times of emergency have been made to act together. The age of the great duchies was past. As we have seen, Bavaria

was shorn of extensive lands, over which new dukes were placed, and the duchy of Saxony was altogether broken up. Swabia and Franconia ceased to have dukes, and Lorraine gave place to the duchy of Brabant and other smaller states. Thus there were archbishops, bishops, abbots, dukes, margraves, landgraves, counts—forming together a large body—each of whom claimed to have no superior save the emperor, whose authority they and their predecessors had slowly destroyed. All immediate nobles were not princes; but even petty knights or barons, who possessed little more than the rude towers from which they descended upon passing travellers, if their only lord was the emperor, recognized no law save their own will. Another independent element of the state was composed of the imperial cities. So long as the emperor really reigned, they enjoyed only such liberties as they could wring from him, or as he voluntarily conferred. But when the sovereign’s power decayed, the imperial cities were really free republics, governing themselves according to their own ideas of law and justice (see ). Besides the imperial cities, and the princes and other immediate nobles, there were the mediate nobles, the men who held land in fief of the highest classes of the aristocracy, and who, in virtue of this feudal relation, looked down upon the allodial proprietors or freemen, and upon the burghers. There were also mediate towns, acknowledging the supremacy of some lord other than the sovereign. Beneath all these, forming the mass of the agricultural population, were the peasantry and the serfs, the latter attached to the land, the former ground down by heavy taxes. There was another class, large and increasing in number, which was drawn from various sections of society. This was composed of men who, being without land, attached themselves to the emperor or to some powerful noble; they performed services, generally of a military nature, for their lord, and were called Dienstmannen (ministeriales). They were often transformed into “free knights” by the grant of a fief, and the class ultimately became absorbed in that of the knights.

The period from the death of Conrad IV. to the election of Rudolph of Habsburg in 1273 is generally called the Great Interregnum, and it was used by the princes to extend their territories and to increase their authority. On

several occasions it had seemed as if the German crown would become hereditary, but it had been kept elective by a variety of causes, among them being the jealousy of the Papacy and the growing strength of the aristocracy. In theory the election of each king needed the sanction of the whole of the immediate nobles, but in practice the right to choose the king had passed into the hands of a small but varying number of the leading princes. During the 13th century several attempts were made to enumerate these princes, and at the contested election of 1257 seven of them took part. This was the real beginning of the electoral college whose members at this time were the archbishops of Mainz, Cologne and Trier, the duke of Saxony, the duke of Bavaria, who was also count palatine of the Rhine, the margrave of Brandenburg and the king of Bohemia. After this event the electors became a distinct element in the state. They were important because they could maintain the impotence of the crown to check disorder by imposing conditions upon candidates for the throne, and by taking care that no prince powerful enough to be dangerous to themselves should be elected to this position.

Until the time of the interregnum the territories of a prince were rarely divided among his descendants, the reason being that, although the private fiefs of the nobles were hereditary, their offices—margrave, count and the like—were

in theory at the disposal of the king. There was now a tendency to set this principle aside. Otto II., duke of Bavaria, a member of the Wittelsbach family, had become by marriage ruler of the Rhenish Palatinate, and after his death these extensive lands were ruled in common by his two sons; but in 1255 a formal division took place and the powerful family of Wittelsbach was divided into two branches. About the same time the small duchy of Saxony was divided into two duchies, those of Wittenberg and Lauenburg, the former to the south and the latter to the north of the great mark of Brandenburg, and there were similar divisions in the less important states. It was thus practically settled that the offices and territories, as well as the private fiefs, of the princes were hereditary, to be disposed of by them at their pleasure. This being thoroughly established it would have been hard, perhaps impossible, even for a sovereign of the greatest genius, to reassert in anything like its full extent the royal authority. The process of division and subdivision which steadily went on broke up Germany into a bewildering multitude of principalities; but as a rule the members of each princely house held together against common enemies, and ultimately they learned to arrange by private treaties that no territory should pass from the family while a single representative survived.

The consolidation of the power of the princes was contemporary with the rise of the cities into new importance. Several of them, especially Mainz, Worms and Spires, had received valuable rights from the kings and other lords; they

were becoming self-governing and to some extent independent communities and an important and growing element in the state. The increase of trade and a system of taxation provided the governing body with funds, which were used to fortify the city and in other ways to make life and property more secure. The destruction of imperial authority compelled them to organize their resources, so as to be at all times prepared against ambitious neighbours. They began to form leagues which the greatest princes and combinations of princes could not afford to despise. Of these leagues the chief at this time was the Rhenish Confederation, which has been already mentioned. Great importance was also acquired by the Hanseatic League, which had originated during the interregnum in a treaty of alliance between Lübeck