Sunday, May 31, 2015

The Diet: A Deliberative Assembly In 15th Century German Lands

The process of German Imperial rule within German lands, as mentioned before, grew from a weak state, as a result of 'collaborations with the princes of the Diet,' as well as internal reorganizations and advances in the methods of state's business. For these collaborations, Thomas A Brady gives us his sketch of that process of growth. A few quotes from his German Histories in the Age of Reformations give a bird's-eye guide of the prevailing norms. First there was a call like that of Maximilian in early 1495.
"Estates consisted of a territory's notables constituted in a territorial diet. Long before princes began to hire lawyers... they recognized the need to get leading subject's consent to their principal actions.... and the multi-chambered diet became a standard feature of princely governance.
The estates met at the prince's call, supplied him with advice and money, pressed him for the relief of grievances, and demanded that law be made only after consultation." [p. 102]
These advising notables could be supportive or antagonistic. They could be rich or poor in resources, or available arms. They tended to be part of a broad social network which could include familial intermarriages and alliances and feuds. But they usually agreed to customary rules, including the recording of what transpired or what was agreed to at meetings.
"A Saxon document from this time affords a rare glimpse into how these bodies operated. In Electoral Saxony the prince "determines the day and place, the when and where he wants the diet to meet. He then sends out a general, written summons to his territorial estates -- prelates, counts, barons, knights, towns, and universities -- to appear personally." The prelates and counts appear in person or send proxies, the towns, depending on size, send two to four persons each and the districts send two to three nobles, each with full powers to present their grievances. Meanwhile, the prince "has his wishes and whatever else he wishes to propose formulated in a formal written proposition, on which his councilors deliberate as necessary and consider well each and every point."
The rider comes into any town or locality to deliver his message, the courier hands it off to the servant, and then, on to the particular noble, notable, cleric or dignitary. The call for a meeting is drafted and messengers sent out. Meetings convene with select people - as in Prussia's Landtag -  and propositions, decisions, conditions are discussed, agreed to or not. Messages drafted, proxies chosen, coached and, at the proper time, sent out to the gathering of the diet.
"On the appointed day, after the diet is assembled, the prince, flanked by his courtiers, councilors and servants, enters the hall and speaks to the assembly through a councilor. He commends their obedience to his summons, explains why he called them, orders the proposition read to them, and reminds them of their duty to be obedient."
Stressing obedience doesn't seem to the present day reader as stressing a position of strength or power by any prince. But apparently this was deemed necessary as well as customary in declaring the relations between prince and his subjects and proxies. Then deliberations would begin.
"The chambers deliberate separately on the proposition and prepare a common reply, to which, if he is dissatisfied, the prince responds by demanding more."
This back and forth could and did continue for days and weeks, months. But it was only after this assembly gave it's initial responses to the prince did the assembled members and representatives provide their list of grievances and requests.
"Now the estates present their grievances to be redressed before any aid is approved. When agreement on the money is reached, the estates are thanked, and the official record of the actions is read and signed. Finally, the estates "are also reminded to keep these matters secret, ... and so the whole thing comes to an end, having once again taken its proper course." [p.103]
The assemblies were usually about money. Over time, different sorts of assemblies in various locales would come up with local solutions, but in most places, the above pattern holds, Brady tells us. As time went on, he continues, it became clear that the local creditors, very interested in the prince paying what he owed them, were included in the diet. So these accumulating and eventually corporate forms attending a prince also became dependent on an increasing tax-base levied by that prince. In this way, money flowed up from the populace to a bishop or prince and then out to creditors and the growing institutions.

But this was not a result of central or absolutist plan. Maximilian would work hard to enable such a system and had only measured success with his ambitions. This was usually from lack of money.
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quotes and pagination from: Thomas A Brady Jr: German Histories in The Age of Reformations, 1400-1650;  University of California, Berkeley for the Cambridge Univeristy Press, 2009


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