Kammergericht
, or Imperial Court of Justice,
was established as a permanent court of justice staffed by trained lawyers,
separate from the Emperor’s own court. A permanent Reich tax, the ‘common
penny’ (
Gemeine Pfennig
) was introduced to support the Kammergericht.
Attempts (not entirely successful) were made to abolish feuding and establish a
permanent state of domestic peace (
Landfrieden
). The geographical boundaries
of the Empire, although still contested, began to be clarified: in the 1499 Peace
of Basel, which ended the Imperial war with the Swiss League, the latter were
released from payment of Imperial taxes, speeding up the process of Swiss
separation from the Empire which had begun in the thirteenth century. At the
level of local territories, princes were beginning to develop more permanent
courts and administrations, with a concomitant growth of officials; at the same
time, their need for money lent a certain power to their estates, who agreed
taxation – as well as enhancing the role of money-lenders and finance capitalists,
of whom the most notable were the Augsburg Fugger family.
But despite the juridical crystallisation of certain patterns, the structure
entailed considerable tensions and strains. Emperor Charles V (1519–56; died
1558) was nominally ruler over half of Europe: his inheritance stretched across
Spain, Sicily, southern Italy, the Netherlands, Belgium and Burgundy, in addition
to the Habsburg ‘hereditary dominions’ (
Erblande
) of Austria proper; and with
the battle of Mohacs in 1526 Charles’s younger brother Ferdinand added the dual
sovereignty of Bohemia and Hungary to Habsburg possessions. But this apparent
strength entailed an overstretching of political and financial resources, a constant
indebtedness (particularly to the Fugger), and a failure to secure real power.
Even Charles V’s election as Emperor in 1519, against strong French
competition, involved a combination of further indebtedness (heavy bribes were
paid by Fugger loans) and an ‘electoral capitulation’ (
Wahlkapitulation
)
confirming the role of the electoral princes and estates of the Empire as partners
in power with the Emperor. Moreover, attempts to develop a central government
(
Reichsregiment
) were not successful: the estates resisted Imperial attempts to
make this part of the Imperial court, while the Emperor opposed the estates’
attempts to make it an organ of federal government. And, alongside domestic
problems, Charles V was more or less constantly engaged in struggles for
European hegemony against France, as well as periodically warding off Turkish
invasions in the south-east.
Map 3.
Europe at the time of the Reformation
Shifting political relations within the Empire, and changing international
relations within the emerging state system of early modern Europe, were injected
with an explosive new element in the shape of that shattering of European
religious and cultural unity known as the Reformation. In 1517, an obscure
monk and academic theologian by the name of Martin Luther wrote a set of
ninety-five theses, criticising abuses in the church, which he is said to have
nailed on the door of the Castle Church in Wittenberg, an established practice to
initiate public debate. This event, which sparked off a series of controversies
leading ultimately to unbridgeable schism in European Christianity,
conventionally marks the beginning of the Reformation.
Luther was born in Eisleben in 1483. He was the son of a relatively
prosperous miner who – himself a peasant’s son – had high aspirations for his
own son and wanted him to become a lawyer. But when Martin Luther escaped
being struck by lightning in 1505, he vowed to become a monk. In the course of
his subsequent monastic and academic career (he eventually became Professor of
Theology at Wittenberg University) Luther engaged in intense spiritual struggles
as well as scholarly confrontation with the scriptures. Luther’s theology showed
affinities with earlier Augustinian piety; both Luther and Augustine were much
influenced by St Paul. Antecedents of Lutheran thought have also been sought in
humanism, with which Luther shared a dislike of scholasticism and ‘prelatical
paternalism’ (although Luther broke with the humanists in his belief in the great
omnipotence of God and powerlessness of human beings), and in those currents
of piety and scholarship known as the
devotio moderna
and
via moderna
.
Clearly, Luther was in dialogue with the currents of his age; but out of his
spiritual anguish and intellectual labours he developed his own unique synthesis,
which he propagated with energy and passion. Luther’s views were expounded
in an attempt not to split the church, but to purify it from abuses.
The particular abuse which provoked the ninety-five theses was the sale of
‘indulgences’. The church held the view that salvation could be achieved by
good works, including donations to the church, and the claim was even made
that the church could intercede on behalf of relatives already dead and suffering
for their sins. ‘Indulgences’ were sold to buy time off from purgatory, for oneself
or others. This was a common practice: Luther’s own prince, the Elector
Frederick ‘the Wise’ of Saxony, had built up a considerable collection of holy
relics in Wittenberg (supposedly including parts of the holy cradle, bits of
swaddling clothes, and remains of infants slaughtered by Herod). Wittenberg
thus became an important centre of pilgrimage, with special indulgences
available from Rome for sale to pilgrims. The sale of indulgences in 1517 was
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