scholarly journals Roman law, German liberties and the constitution of the Holy Roman Empire

Author(s):  
Daniel Lee
Author(s):  
Mario Conetti

A few, but very meaningful pieces from Petrarch’s Familiari deal with the Holy Roman Empire and its institutions, especially because of the role they played in italian politics. Although Petrarch is not a systematic political thinker, the imperial idea of Rome plays a pivotal role. It seems possible to demonstrare that Petrarch has been influenced by official documents by Henry VII, eventually Manfred of Suabia, and mostly by civil lawyers and the sources of Roman law. These last item belongs to Petrarch’s commitment towards a recovery for his present days of Roman classical heritage. All this said, political issues still play only an instrumental role, connected with the immediate needs of those powers, the Visconti household first and most but also emperor Charles IV himself, Petrarch was intimately connected to. Though Petrarch sincerely advocates Roman classical tradition, he is a ghibellino only for a matter of opportunity, or rather of the opportunity of those powers he decided to serve, and their immediate political needs.


Author(s):  
Scott Lash

This chapter develops the argument that China is a civilizational state and follows a trajectory different from that of the Western nation-state. Weber is correct in selecting features of Chinese culture and social and political structure that stand in contrast to Western forms of rationalization: the role of magic, the particularism of guilds, the absence of the Western polis and Roman law, and the universalism demanded of Christianity in contrast to the religions of southeast Asia. Following Sheldon Pollock’s The Language of the Gods in the World of Men, the nature of language itself differentiates Latin in the West, Sanskrit in south and southeast Asia, and Chinese analogical language in China. Language, or langue-pensée, has a determining effect on stratification and configurations of power, especially in the development of the vernacularization of language as a precondition for the nation-state. China, in contrast to India and the West, resisted vernacularization. It is as if the West had kept to the Latin of the Holy Roman Empire. The nature of Chinese language therefore is intrinsic to the civilization and imperial state in China to this day.


Author(s):  
Mario Conetti

A few, but very meaningful pieces from Petrarch’s Familiari deal with the Holy Roman Empire and its institutions, especially because of the role they played in italian politics. Although Petrarch is not a systematic political thinker, the imperial idea of Rome plays a pivotal role. It seems possible to demonstrare that Petrarch has been influenced by official documents by Henry VII, eventually Manfred of Suabia, and mostly by civil lawyers and the sources of Roman law. These last item belongs to Petrarch’s commitment towards a recovery for his present days of Roman classical heritage. All this said, political issues still play only an instrumental role, connected with the immediate needs of those powers, the Visconti household first and most but also emperor Charles IV himself, Petrarch was intimately connected to. Though Petrarch sincerely advocates Roman classical tradition, he is a ghibellino only for a matter of opportunity, or rather of the opportunity of those powers he decided to serve, and their immediate political needs.


Geophysics ◽  
1977 ◽  
Vol 42 (4) ◽  
pp. 890-896
Author(s):  
Howard W. Pollock

While a number of concepts date back to Roman Law, the origins of the modern law of the sea might very well be said to have occurred early in the 16th Century. Charles V, King of Spain and Emperor of the Holy Roman Empire, decreed that the seas were to be divided between the Portuguese and the Spanish. His first challenge came from his cousin, Francis I, King of France, who had organized and financed an expedition to explore the New World. Charles sent an Ambassador to Francis reminding him of the imperial decree forbidding all but the Portuguese and Spanish to navigate to the New World. Francis’ answer to the envoy was very straightforward: “Tell my good cousin Charles that if he will show me where in Adam’s will the sea was bequeathed to the Spanish and Portuguese, then I will obey.” Accordingly, Francis’ expedition, led by an Italian, Verrazano, sailed and discovered what is now New York harbor.


Author(s):  
Duncan Hardy

The Holy Roman Empire, and especially Upper Germany, was notoriously politically fragmented in the fourteenth to sixteenth centuries. A common way to interpret this fragmentation has been to view late medieval lordships, particularly those ruled by princes, as incipient ‘territories’, or even ‘territorial states’. However, this over-simplifies and reifies structures of lordship and administration in this period, which consisted of shifting agglomerations of assets, revenues, and jurisdictions that were dispersed among and governed by interconnected networks of political actors. Seigneurial properties and rights had become separable, commoditized, and highly mobile by the later middle ages, and these included not only fiefs (Lehen) but also loan-based pledges (Pfandschaften) and offices, all of which could be sold, transferred, or even ruled or exercised by multiple parties at once, whether these were princes, nobles, or urban elites. This fostered intensive interaction between formally autonomous political actors, generating frictions and disputes.


Author(s):  
Luca Scholz

Abstract: Borders and Freedom of Movement in the Holy Roman Empire tells the history of free movement in the Holy Roman Empire of the German Nation, one of the most fractured landscapes in human history. The boundaries that divided its hundreds of territories make the Old Reich a uniquely valuable site for studying the ordering of movement. The focus is on safe conduct, an institution that was common throughout the early modern world but became a key framework for negotiating free movement and its restriction in the Old Reich. The book shows that attempts to escort travellers, issue letters of passage, or to criminalize the use of ‘forbidden’ roads served to transform rights of passage into excludable and fiscally exploitable goods. Mobile populations—from emperors to peasants—defied attempts to govern their mobility with actions ranging from formal protest to bloodshed. Newly designed maps show that restrictions upon moving goods and people were rarely concentrated at borders before the mid-eighteenth century, but unevenly distributed along roads and rivers. In addition, the book unearths intense intellectual debates around the rulers’ right to interfere with freedom of movement. The Empire’s political order guaranteed extensive transit rights, but apologies of free movement and claims of protection could also mask aggressive attempts of territorial expansion. Drawing on sources discovered in more than twenty archives and covering the period between the late sixteenth to the early nineteenth century, the book offers a new perspective on the unstable relationship of political authority and human mobility in the heartlands of old-regime Europe.


Author(s):  
Alexander Lee

Scholars have long believed that ‘medieval’ universalism was supplanted by ‘Italian’ nationalism over the course of the fourteenth century. As this chapter demonstrates, however, nothing could be further from the truth. Although the humanists were often more concerned with the fate of Italy, or of individual cities, than of mankind as a whole, they did not waver in their belief that the Holy Roman Empire enjoyed universal dominion. Only at the very end of the Visconti Wars, when the Empire was seen to threaten the peace and liberty of the peninsula did ‘Italianness’ at last begin to come to the fore. Yet this is not to say that their universalism was unvarying. Depending on whether they chose to view it more as the successor of the ancient imperium Romanum or as an instrument of providence, they could paint it in idealistically ‘Roman’ colours, or endow it with a more ‘hegemonic’ tinge.


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