I

7 The Statein Germany A Non-Prussian View

Snnrr-ecrr Ocrrvrn

t. Introduction: The CurpmatiueState

The European state grew, as the proliferating recent litera- ture on it makes clear, in many different ways during the early modern period-perhaps as many ways as there were ' states. The special character of state formation in each terri- torial unit forces us, in fact, to pause and ask ourselves what we mean by concepts we have largely taken for granted-'the 'grow'. state' itself, and what it means for that entity to In pre-Napoleonic Germany, this question is of immediately striking relevance. Not only were there a large number of sovereign territorial units, widely heterogeneous on almost every conceivable axis of comparison, within the bounds of the Holy Roman Empire-almost 2,boo when one includes the sovereign estates of I^mperial Knights, and even 'composite384 when one excludes these.' The nature of that state' itself raises questions about state growth that are not easyto fit into the framework which historians have devised

'Germany I should like to thank participants at the conference on and England Compared' at the German Historical Institute in London in Feb. rggr and the 'European sessionon Bureaucracies' at the AngloAmerican Conference of Histori- ans in July r ggr, at which I presented earlier versions of this essay,for their useful comments. I am especially grateful to Andr6 Carus for many stimulating discussions of these ideas, and for his immensely useful comments on various drafts. The manuscript was essentially completed in Dec. rgg3. More recent books and articles are referred to only very selectively in the appropriate places. ' The differing chronologies of state growth, even among different German 'Germany territories, are discussed in S. C. Ogilvie, and the Seventeenth-Century Crisis', Historiail (r9g2), at ' Jwmal.35 4rZ-41, 429-36. See the excellentdiscussion of the territorial composition of the Empire inJ. G. Gagliardo, Gamany undzr thz Old fugimz, r 6oo-1 79o (London, r g9r ). r68 SHEILAGH OGILVIE The State in Gennanv r69

for France, England, or Spain.3 These questions b, only the vaguest idea about the concrete effects of German all the more urgent the mechanics as German historians find incr stat. growth at the local level, and even about evidence of the extensive intervention by the Empire of the local implementation of government measures. the internal affairs of German territorial states, based Prussia may appear to be a partial exception to this vague- even more peace extensive legal claims, long after the ness,but appearances deceive. The older tradition of Prus- Westphalia.a sian historiography, illustrated in the work of authors such as While it is true that earlier generations of German h Schmoller and Hintze, was, it is true, fascinated with the rians wrestled with some of these same questions, development of the state a$arafzs, including its local com- tended to see the extension of Tenitoriatheff;chaft largelv and aware that the growth of state power depended "reir Donent, terms of legislation and constitutional theory.5 The Ln the successof that development./ None the less,we find moves toward more attention to events, enforcement, a verv little in all the volumes of the Acta Botussica abowt th.e implemsnlation-in particular casesare healthy and prai actrrvlimplementation of legislation, or about the day-to-day worthy. But neither the effects of stateJevel inieractions mechaniCsof local government, its social and economic con- local (village-level) processes,nor the roots of text, and the informal constraints on its effectiveness. Later events in local conditions, have yet received the atte-ntion critics of that tradition, including Rosenberg and a number Germany they have elsewhere.6 The result is that we still h: of historians of the former GDR, have changed some inter- pretations,but not improved much on the empirical basisfor iheseviews.t ln so far as historians have done so, the gain has been information about the local level itself, mostly quantita- tive, and not about tlrreinteraction between the local level and the centre.e In sum, we do know more about Prussia than we know about most of Germany, butwe do not have the kind of p_olitisches System in verfassungs und sozialgeschichtlicher Fragestellung,, in still neglected, our knowledge of German local Klingenstein and H. Lutz (eds.), speziarforihung und. GesamtgTschlchtziiren community and the central state are rgSr), 'Die communities themselves is now improving substantially, with publications such as D zzt-42; V. Press, kaiseriiche-Stellun[ im Reich niischen rd4g u W. Sabean, Prop"rtJ, Prod,uetiort and' Fami'ly in Neckarhausen, r 87o (Cambridge, r 74o: Versuch einer Neubewertung',- in G. Schmidt (ed.), Stdndeund GercUs;hafr 7oo-r oi;ti,R"i, h (stu ttgart,' e s e I f . -b-3;'+. n**;;' ;;;' to* ;,:.ffiff ft; rggo); R. Beik, Unterfnning:..ltinQ'liclu Welt ttor Anbruch der Modane (Munich, rgg3); H. Medick, Webm und Wnlzbm in Laichingm r65o-t9oo: Lokalgeschichteak r7-r5 (Munich, lggr); W. Schulze (ed,.1, Aufstriidt, Rcaotten,";:proztsse: Beitrtige Allgeneine (G,6ttingen, r996);J. Schlumbohm, I-ebmskiufe,Familim, Hdfe: a11n1tdslategungmirn friihneuzeitlichm Europa (Stuttgart, r Geschichte lat1nlzcnen-W 9g3)"; Kirchspizk Belm in prott>ind,ustrielbr kil, EuropdistheBauernreuolten dn Natzeit (FraniJirt; ,g8zj;"ii. Die Bauern und Hatnbute dzs Osnabriickischm -S-ctru_lze, frilhm r55o-r and Proto-industry:The Iirngling, ReichsskidtiseheHenschafi und itiunlichn protest:Dn xonfllnizuxihat. t 85o (G,6ttingen, r gg4) ; S. C. Ogilvie, StateCorparatisrn Wiirttumberg (Cambridge, 1997). Rdehsstadt schutibisch Gmiind und ihrern Landgebizt (1775-1792) (schwibis Black Forest, r 58o-r 797 Gmrlnd, t 1989); A. Schindling and W Ziegler 1id".1, ni mXi'ai U'*uit ,5, G. von Schmoller, (Jmrisse und (Jntnsuehungm zur Verfassungs-, Vmttaltungs- (Munich, z9r8 rgSo), esp. r\g-277;1. A. Vann, The Making of a Statz: und Wirtscha,fisgeschichte,besonders des pratfischm Staates im 17. und 18. Jahrhundert 1593-1793 (!ha9a, NY, 1984); P. H. Wilson, War, State ani Societyin (Leipzig, r8g8; Hildeshe\m, rg74); O. Hintze, Beamtentum und Biirokratie (rept. ,5r7_ 1793 (Cambridge, rgg5), 98-ro5 and,passirn. Gottingen, rq8r). t t K Ki6eschelt,ndticti"nlchtigeseniwe, iii rz5o,-165o, and iii: Seit 165o H.-Roseib..g, Bureaucracy, Aristocraq and Autocracl: The Prussian Expnienec edn.; Opladen,,rggz);J. Brickner, Snaxuissmschiften,Kameralismus und, Nitut r 6^6o-18 r (Cambridge, Mass., rg58). ' 5 'Biuerlicher Ein,Beitrag zur Gesehichteder.pgritisch"en. wissmschaf im Dzutschland, d.erspdten r7. t For instance, H. Schultz, Klassenkampf und "zweite fri)hznrS.Jahrhunilat(M.. ,-ich,Lg77);H.Denzei, MmalphilosophieuriNotuirrtt Leibeigenschaft": Einige Probleme des Kampfes in der Zeit zwischen Sarnuel Pufendorf: Eine frihbu;gerlicher Revolution und DreiBigiihrigem Krieg', in G. Heitz et aL (eds.), Bauer im Khssmkampf: Stud,im zur Geschiehte des deutschm Baurm'kri'eges und der nuw€ycr, rnere ts a growtng bocty bduerlichm (Berlin, rg75), and W. W. . . ot research into this question; see, : Kkrsmhriiple im Spiitfrudalismzs 4ot-4: tlrpl..: p. ,The 'seventeenth-Gntury the recenr survey in Mfinch, Growth of the Modirn State,, in S. Hagen, brisis in Brandenburg: The Thirty Years War, the Ogilvie (ed.), Germany:A Nat Socint and,Economic Histmy, ii: r6jo_tgoo (iondt Destabilization of Serfdom, and the Rise of Absolutism' , Amnican Historical lbuiew 1996), 196-232, esp. ( rg8g), 2r4-2r. Moreover, although the lin&s-berween the 3oz-35. r70 SHEILAGH OGILVIE The $ate in GermanY 17r

concrete and detailed view of the workings of state than to the development undergone the corporative model which the works of Elton, Morrill, or Wrightson and western states. f^- ----^l^ L^-,^ ^:-,^.. .-^ f^- D--l^-l lo-^-- - -t- : r r hv the for example, have given us for England,tror which "'14y particular example of this corporative mode of state Le Roy Ladurie, Berc6, Pillorget, or Bonney have given us 'r.r*rh will be the Duchy of Wurttemberg, a middle-sized France." a million inhabr' 3iur" i" sourh-wesrern Germany of about half Germany is thus a good context for reflection on what ty tZgg)-1111 'growth iiu"r (+f",oooin r6oo,rising to 62o,ooo might mean by the of the state', because it 'German second rank"" u has b.en called a territory of the mines so many of the ideas we have come to take for gran Mutry of my details are, of course, specific to Wurttemberg' about what states are, and how they function, system and beiaus indeed, there were two ways in which the corporative is essentially a blank slate in terms of what we know, q1 as observed in Wtrrttemberg was quite distinctive. First, the cretely, about whatever we may 'the decide to call growth: indigenous nobility had declared itself Reichsunmittelbar the state' there. The evidence we have, in other w6rds, r (sub'iectdirectly to the emperor) in r5r9, so throughout flicts with our existing ideas about state growth-but ihe iemaittder of the early modern period the prince and cannot proceed to study the growth of the German Church were the only landlords in Wurttemberg. The result- until we decide what we mean by that phrase. ing absenceof corporate privileges for landlords meant that I will not do that here, nor even simpliS the q in Wurttemberg the corporate privileges of local commu- Instead, I will complicate it. Premarure iimplicity will nities and guilds gained greater significance than in most hinder a solution; we are still at the stage wheie the other terriiories. But this simply meant that the local 6lite extent of the problem has to be laid in front of us, which dominated the communities and the guilds, the so- 'notability', there_can, be any hope of real progress. In pursuit of called Ehrbarkeit or adopted the role within the goal, I will introduce a mode of state formation that has l 'ruling which in other territories was 'western' Wurttemberg orders' in common either with the model we know occupied ni tne laidlords.t' That is, although 9o-rporate France and Spain or with rhe more feudal and military privifeges were distributed among social groups differently we are often told to associatewith Prussia and Austria.'I itself was, I 'corporative' in different territories, the corporative system call it the model of state formation. To shall argue, common to them all. The second feature of' provocative, I will claim that it is more typical of Wurttemberg which is often regarded as distinctive is the (that is, more widely represented among the hundreds comparativeltrength of its parliamentary Estates; tradition- territorial units within the Empire) than anything we ally, Wurttemberg and Mecklenburg are supposed to have been told about Prussia or Austria. I would almosigo so '' as to claim that Prussiaand Austria themselveswer.iloser Vurr, Maki.ng of a State, Wilson, War, Stateand Society, more-detailed 36i 424; 'Wirtschaftliche informarion on pJpuhtion ngures for Wirrttemberg in G. Mehring, to Schaden durch den DreiBi$ahrigen Krieg im Herzogtum Wirrttemberg-, G. R. Elton, The Tudor Reuolution in Coaentment (Cambridge, ( G' rg53), J.l Wi)rttembngischz VierteljahrstufiT fiii Land'esgachichte, 3o rgz r), 58-89; Morrill,xrill, The ReaoltRnok of the Proainces: consmtatiuesConseraatiues and RndicakRnd,icak nin tnzthz EnEusi-CitilriltrEnglisi Mehring, Ys.hadig,rng".t duich den DreiBigiihrigen Krieg in Alnvirrttemberg', r53g-r52o (London, rg8o), and K Wrightson and D. Levirne, poaity antl ( M:!llS' Wilrtk;bngischz Viertetilhrsrhrifi!l;r Landtsgeschirhtar 9 rgro), 447-52i 9 an.English Village: Tnling, rj25-r7oo (London, 'Wurtternbiergische ,Jahrbi)cher r97g). rT.Jahrhundert' _ Wdrttembergischg, tt Volkszihlungen im /'J*^^_^_-__--_ , P. Gouberl BeauaalsetbEeauaaisisde 16oo d,iiio: ContXbutUndl'hisnire fi)rTir Statistikind,ind LandcskundeLandeskundetgtg/zotglg/zo (Stuttgart, rgzz), 3r3-r8; W. von HHippel, dz ln France du WIIe (Paris, paysans siiclc 196o); E. Le Roy Lidurie, Les fu Ber-olkerung und Wirschaft im Zeitalter des DreiBigjihrigen Krieges: Das Beispiel (Paris, 1966); Y.-M. Berc€, Riuoltes et r1aolutions itans I'Europe moderne(paris, r Wnrrte mberi', Zeitsch ri ft fitr histarische Fmsehun g, 5 ( r S78 ), 41 3- 48' R. Pillorget, Its Mouaanznts proamce 'tt' 'ruling insunectionnels dz mtre 1596 et rTrj Th" *r!-ri in which ihethe WfirttembersWfrrttemberg Ehrbarhtit acted as part of the rg7b); R. Bonney, 'common Socizl and Gouernmentin France und"er Rjihetbu anl orders' rather than as representatives of the man' is well enunciated, for r 624-6 r (Basingstoke, rg88). ins6nce, in Wilson, War, Stateand Socittl,5z-3, 57-9, z8r. 172 SHEILAGH OGILVIE The State in Germanv 173

been the only German territories which retained fun of Wurttemberg in a.'composite state" I do Estates embeddedness in the eighteenth century.14However, recent reseu .ot here attempt l-o construct a positive.explanationto ac- suggeststhat in most German territories my-concern here the Estates retai .orn, for the local phenomena I adduce:'o important functions until the end of local situation of the ancien r6grmz, i, rimpty to describe and present a kind indeed that co-operation Eng- with the Estateswas essential *tri.tt'it different from what we know from France and most German princes wishing to extend the fiscal, mili which needs to be explained' 'absolutist' land, and and regulatory powers of their states.15Altho therefore, Wrirttemberg had its own peculiarities, z. The Viat the Centre merely highlight the features it shared wilh most other from man territories of the second rank'. The heavy reliance viewed from the centre, through evidence on legis- the state on shifting coalitions of local groups with corpor When 'corporative' rather than implementation, the char- privileges (whether landlords, commriniti.'., o, guila'sy ladon Wurttemberg state is largely-but not wholly- a widespread phenomenon, I shall argue, whichlan acter of the be account byJames Vann, served in most German territories-even, obscured.According to the detailed to some degree, state Prussia and Austria. the pace and intensity of the gr9w4 of the Wirttemberg determined by the changing balance of power among That this corporative mode of organization should h was central bodies: the court of the prince, the Estates, escaped the attention of those interesied in the growth of three a professionalized bureaucracy which began to emerge German state is easily explained. It is not as evident in . and the end of the sixteenth century, centred around lation and constitutional theory as it is when you actually to*urd GeheirnerRnt or Prir,y Council.lT On the face of it, this is at real local institutions in action. Nor is it very notir the our traditional view of the growth of the state, even when you look at actual concrete episodes of Im consistentwith both in Germany and in western Europe more generally' intervention in territorial politics, as some more recent hi There are differences, of course, between how the pattern rians have done, or when you make quantitative studies worked itself out in Wurttemberg, and how it worked in local economic conditions. The impoitance of local coq Prussia, Austria, France, or England' But these are differ- ratism for German state formation is only evident when v encesof degree rather than kind, and the components of the look simultaneously both at the locality and at the centre. pattern a..1he same. The story goes more or less as follows' That is not what I will attempr in rhe limited space The early modern state grew throughout Europe- as a result my disposal here. I will give sohe examples to .o.ru.y of absolutist initiatives taken (whenever feasible) by the flavour of local developments in Wrirttemberg which prince and his court advisers. The extent of the prince's hard to describe (I think it will be agreed) as alything successdepended on his ability to gain the alliance of (or to an increase in state power. Yet it is impossible, as I wif circumven-t) the national 6lite. The success of absolutism try to show, to explaln these develop-"rrt, either by in further depended on the extent to which the prince enjoyed ing western European models of state formation or even the a professionally trained bureaucracy whose adding the complication of Imperial intewention, suppoit of tu in which.I do tn But see, for instance, Ogilvie, State Atrporatisrn and Protnindustry, See, for instance, M. S. Anderson Ogilvie, , Europe in the Eightednth Cmtury, r 7 r j_r attempt to do this; a brief suirmary of the arguments can be found in S. C. (3rd edn.: London, rg8Z), 283-4. Europe: Proto- '' lnstitutions and Economic Development-r68er7o7', in Early Modern Central See 'Estates princes R. G. Asch, and after 164g: The Consequences of industrializationndustrialization in Wurttemberg,Wirrttemberg, r58er797', Transacti'onsTransacti,onsof the Royl Histmical Thirty Years War' , Gerrnan History,6 ( rg88), , ,3-32;i.. also Wilson, Waf Statz Sorrcty.6thser. q, (rqq5), 2zt-bo. Societl, g4-5, .ruler__estate 't 253-4, and esp. the excellent survey of relations in ihi. i. the"".rulitl. put forward by Vann, Maki'ng of a State' ch' z; this is an Reich'Reich'on on 68-Za,68-73, which exolicitlvexplicitly challengeschallero"" therh" view,-,i.* thatrhar Wrirttembergr l;rrra'-l,---,^,-. was un,,ni excellent view of the centre, but (lacking detailed studies of local government) in this respect. somewhat general on the subject of the localities. 174 SHEILAGH OGILVIE The State in Germany 175

allegiance he could divorce from the social groups I r 6oq, refused to summon the complete diet again in his which it was recruired. The balance of power among pri ii"-titn", and with his successorKarl Alexander set in place parliament, and (the directed at in- officials ability of the prince io sub inrtitutional and administrative innovations, gate the other two, above all) thus determined the growth .reasing the power of the prince over the other two organs the state. lieou.ir-ent.ttYet in t7g7, the balance of power swung In Vann's account, Wurttemberg's resemblance to o Uu."t to*-d the bureaucracy and parliament, with the re- western European statesresides both in the aspirations of o"n y over the Q-year-old Karl Eugen. A phase of princely princes, who explicitly took France, Austria, and prussia initiative followed in the r75os and rJ6os, but the models, and in the development of its bureaucracy and Erhtngbich negotiated between Estates, prince, and Privy ministration.tt Yet Vann himself expresses anxieties at Council in q7o forced KarI Eugen to return to power- subsuming Wurttemberg too readily to the Estates and the bureaucracy, a state of 'Prussian' what he calls sharing with model. Wurttemberg did not see the linear c affairs which endured to the end of the ancien rigime'" opment of a strong bureaucratized state.le Rather, Even if we restrict our view to the interactions among the Wurttemberg state evolved very unevenly. Neither prir three major political bodies at the centre, therefore, the nor bureaucracy, nor parliament was able to ichi Wurttemberg state does not fit the western model of state enduring dominance. Phases during which a profession growth. But there is more to it than this. The problem is not bureacratic government was in the ascendancy alternatt io much one of different institutions, as it is a question of with phases during which the prince returned ro cabiri where the initiative lay. In France and Spain, the state was government and was able to dispense with both bureauc the aggressor, imposing its power and influence on the local- andano parliament.parlrament. Thelne periodpenod rb16-64,rbZS-64, fortor instance, wJwh ities.In Wurttemberg (as in much of Germany), the actors,at saw the emergence of a professional bureaucracy and of the centre-prince, parliament, and bure aucracy--were -th9 early form of prily council, was followed by a return pawns of greater powers outside Stuttgart. They- depended cabinet government during the reign of Frederick, much moie than their western colleagues on the support rbg3 to 16o7. However, the Thirty Years War saw a swi they received through their relations with the wider world, back to professional bureaucratic government, with the f both inside and outside Wiirttemberg. When we examine mal establishment of the Prir,y Council and the exclusion these relations (first outside Wiirttemberg, in the next sec- the prince's officials from the Estatesin r628, followed by tion, then inside the duchy, in Section 4), the real differ- long period during which the prince was forced by financ! ences between Wirttemberg and its western counterparts dependency Lo share power with the privy Council and will become strikingly evident. Estates." This in turn was followed by a new 'absolutism' phase of exp: ing under Eberhard Ludwig, who, assistLd the Prily Council, succeeded in dissolving parliament 3. The ImPerial Fram'ezttork 'o On how the Wfrrttemberg dukes explicitly modelled themselves on The first and most important of these external relations was European princes, see Vann, Making of a State, rjg; on administrative see-ibid.85 wi*r n. 82. 224. 223, 277. that with the Holy Roman Empire of the German Nation. '" As argued throughout ^ by Vann, Making of a State,and by Wilson, War, Statz Recent research has emphasized how important the Imperial Society,z5z. '" Making of a ,Die .Stadt '' . .Yann, State,g4-roo; F. Benzing, Vertretung von Va.,n, Mahingof-'Herzos aslale, 165-72. alrwirrttembergischen in Wirrttembergische +mt" iT Landt"g unrcr tesonderer Beririksichtigung " A. E. Adani. Karl und die Landschaft', Amts Nrirtingen', Ph.D. dissertation (Tirbingen, Geschichtes- (ed.), Henog KarI Eugm aon Wil'rttembng und 'Beamtentum r9z4), 3g-g; F. \fr und AltertumlVerein und Verfassung im Herzogtum WtrittemUerg.', seineZeit, z vols. (Esslingen, rgoT), here esp. in vol. i; E. Marquardt, Caschichte V-ierteljahrshefrefiir Landesgeschichte,Ns 3z (19zg/6); W. Gribe, Del W-i)nttnnbergs(Stuttgart. rgOz); fC Storz, KarlEugen: DnFilrct und das'alte gute fucht' Landtag r457-1957 (Sruttgart, r957), 299f. (Stuttgart, rgSr): Vann. Making of a State,zrb, 223, 243, 273-4. r76 SHEILAGH OGILVIE The State in Germany 177

constitution and eight- continued to be, long after r 64g, to the in In Wiirttemberg, throughout the seventeenth politics of in the state- most German territoiial srates (with the 1 ^-^.it,-"ri".., ..tttrries, all three central bodies exception of Prussiaand Austria). Volker press,for in Ii" the Estates, and the Prir'y Council-routinely has shown how the Empire continued to shape early n l'.-Jul.d to institutions of the Empire for support, and Im- German territories' relationships with (or evenjust the threat of such interven- one anoth;.J, J-';; T"ii"t intervention Gagliardo and Heinz Duchhardt have :Ipnaslzect role in almost every critical juncture -. en the way l1l" r otuu.d a crucial which.^.1-:^L individual:-r:--:r---r terrirories- state. For one thing,.the used Imperial'institutio"; J;i ir,"ifr" .u"f"tion of the Wurttemberg the Kreiseand the Associationm indirgctly-responsible to piotect themselves ag;i t'mperial structure was more than arbitrary intervention princely- in by more powerful territo.ies_oor ior'rft" long period of stagnation in powgl emperor himself.2a Thirty.Years As such res-earchmakes clear, the ti.,rtt"-b.r[ in the seventeenth century' -The perial framework struggle.for did not simply preserve the liberties of Wa. itsef, oi course, was partly caused by a territorial disas- princes; it also-uptrlld the privileges of corpo, .or-rt.ol of the Imperial framework.t' Wiirttemberg's interests within "Most Battle of these prinies' territo;ies.2u ,,",ii". iro* utli""ce wirh the Swedes shortly before the popular duchy' unrest and internal opposition in early modt frardlingett-leading to defeat, occupation of the German territories Estates and emphasize thi way in which all u"J ."it" for the frince-strengthened the inv,olved^;,-:^,"* increasinglyurLrL@uubr/ Between fi34 appealed4yps4rcu toLU Imperialrrlrpcrlal institutiorursll[unons, € the bureaucracy reiative to the prince'2e cially the_Reichshofrat (Imperial nf victor of Aulic council): dissatis una tO3S, Wiiittemberg was governed 9t :"!j9.t" for redress of grievancesagainst their prince, di XO.atitt"g.t, the futur. Emperor Ferdinand III, who used isfied rulers for Imperial backing igainst unreasonable Imperiailaw (in the form of the new Edict of Restitution) to position.'o Rulers of medium-sized German states such alienate almost one-half of the land area of the duchy, mainly Wurttemberg could not afford to offend local privileges by restoring the fourteen former abbey possessionsto Catho- prr.!, for fear of providing an excuse for othei states"of lii religiou"s orders, which then declared their new territo- Empire (or the Habsburgs themselves) (subject immediatelY the Emperor), to use Imperial i rtesRichsunmittelbar i9 'civil tutions, such as the Kreis, t]ne Reichstag or an Imperial r a state of affairs ttot t.ubk"d until r65o''u The war' mission of inquiry, to interfere in theii domestic^affairs wi within the Empire also greatly increased the fiscal depend- every appearance of legal propriety.2T ence of the Wurttemberg central state on the Estates (and through them, aswe will seepresently, on the local corporate P.1e1s,Kriege und press, .Das ex- . ]3 Krisen; R6misch-Deutsch Reich,; press, distric"ts)for many decades.3'This is only a particular kaiserliche Stellung'. '-J the Thirty Years War not G. ample of a more general pattern: Gagliardo, Rpith and Nation: The HoIy Rnman Empire as ldza and A r75j-r8o6 (Bloomington, absolutism' as is so often Ind., rggo), chs. r-3;6. Duchardt, Dz o.tly lu"id the basis for German Verfassun gsges t hi ch te r - r Bo6 (Stuttg'art,, gg. . system of constraints on ?5 49 5 ;, 43Iz 5g. argued;otit also created a resilient See Wilson, War, Stak and Sorietll 19_26." 'u Geschichte(Stuttgart, r873-), schulze, Aufsttinde, Rcrorten, 6ouriu, w. Schulze, in older histories such as C. von Stilin, Wirtember$sche ^ Brjunricher wid.erstand, dn Hensrharft in .Von esp. vol. iv; and C. SattLer, Geschiehtetles Henogtums Wirtenberg unter der fugitru'ng fcudalr _der frilhm Neuuit (Stuttgarr rggo); V. press, tJauernrevolten Henogen vii. des r6. zur konstitutionellen Vetfassun-gdes rg.Jahrhunderts: (Ulm, 1774), esp. vol. Unterkonflikte '* 'Germany in Hohenzollern-Hechingen und ihre- L6surigin,, in H. See rhe arsuments in Ogilvie, and the Seventeenth-Century Crisis'. (ed,),potitis:he.lrdnungen ,o und.sozi.atc nafie m ir* n i(vii.?{"a!i'r;"); T. S.hott,iwirrttember{ und Gustav Adolf r63r und r632" wiirttembcrgisil? it*j 9: !.Soliday, A Comrnunity in Con/lict: Frankfurt Societgin the Snitemth Vimeliahrsheft Landcsgexhirhte, ( r8g5)' 343-4o2. Ea-rly-Eighteenth 'o fiir 4 Centuries(Hanover, NHi rg74;; p. Wi.t, Vnsuchzur Errichtung H. G;r'ri... Das Ftstitutionsed,ikt aon t5z9 und die katholische Rzstauration im Mecklenburg lkolulymu.s in d,n erstennayii acs rg. Jahrhund.ens:Ein Beitrag Altutirttembergs(Stuttgart, r go r ;. *tf ,::nt: d.esdaltsthen -' I nri tmialnbsolutismus(Berlin, r 964). Vann. Mahing of a Statc.92, g4-5.-I- 2t Habsburg tt . interestsi" r"r.*l"i"f;;w;;;b"Yg are discussedin detail Notably, f.,t-""t uniquely, ty f Carsten, Princes and Parliaments in Germany the excellent recent book by Wilson, liar, Stateand Sociittand are well documenl (Oxford, rgbg). r78 SHEILAGH OGILVIE The State in Germanv r79

that absolutism, by forcing many German rulers to qr or less autonomously by the Imperial commissioner favours to corporate groups within rnore their own ,o.i"tiB* the Vienna government."" order to be able to tax, cohscript, and regulate "nd theii Imperial intervention did not end with the regency. Even tories t9 the degree necessary to survive 'absolutist' th"ewar.ri rne Eberhard Ludwig was perPetually compelled But the E-mpire w.asimportant to the. Wtirttemberg r., t an eye out for Imperial intervention. On the eve of even more directly, becauseit provided institutional r i;* forty-year""p dissolution of the diet in r 699, the Estateswere nrsms tnlgySh which elements within the territory, to appeal to the Emperor. They were only pre- with a political crisis, could appealt" u t.giii-ai";i:;; "r"puti"'Sfiom doing so by district officials sent out by the authority. In 1677, for instanie, i.ni"d a strugglewitnin tfre , nrince to intimidate the leaders of the local corporate com- family r for control of the regency was Snly resolved . :-r- r----.i-^ f^- +L ^l- -^--^^^-+^+1.,^- bv Lunitiesmunitres intornto withdrawingwtndrawrng supportsuppon forror theirtnelr representativesrePrcsclrlauvcs interventio".gf Leopold, who deiei-i;; .E-qgror ,hJ, in the Estates.'u This is precisely the sort of measure which, Privy Council should be joint regenq this was the susained over a longer period, led to the growth of the factor prolonging bureaulcrati. uia parliamentary western European absolutist states. Why did the princes of ancy to the end of the century. Thrtughout the'r, German territories of the second rank, such asWurttemberg, appeals to the Emperor by all parties became almost a not sustain the effort? of routine, on at least three occasionsdetermining the fut An important part of the answerlies in the Imperial frame- direction in which the Wrirttemberg state would evolve. wiihin which they were operating. Temporarily, the r 683, the Priry Council work rhrea.tened.t3 ufpeut to the E;p; framework might support the absolutist ambitions to prevenr the regent's Imperial allying with Frince; the threat of German princes. Thus, in the decade that followed r699, Imperial interventi,on forced tfre regent to back down, Eberhard Ludwig was able to finance his government with- to relinquish almost all matters oi domesti. gou".ru out summoning a diet because the Emperor was willing to into the council's complete control for the remaind.er of pay for a Wurttembe_rg standing army during the War of the reign.3nll r689, the regent in turn launched formal char SpanishSuccession." However, even in this period, Imperial before the Emperor prir,y a[ainst the -ouncil and the intervention in Wurttemberg was not invariably exercised in thar theyhad beln obstructingfina in r7o8, the Prily Council and the andl1,ir:ll conscription lT_q..""1d. support of the prince: for his miliiary measures b.dli;; Estatessuccessfully compelled Eberhard Ludwig to abandon Empire against privy "" France; the Council and the Est his morganatic (and bigamous) marriage plans, by threaten- to Vienna. thi, ti*., urgently re, ing of Baden-Durlach to appeal to the rng1._"_::l:.Oelegations wurttemberg's to ask the Margrave military support againstFrince,'the Empire on their behaH.38Similarly, Eberhard Ludwig's prac- peror supported the-regent. But when in 1693 the reg tice of continuing to consult the select committee of the by.the French andreverred l::,,.^1p:l,1ed in Jaltivity tJ Estatesabout taxation, even while refusing to summon the earlier.support for the Fmpero. ..rri'un i;p; commissioner .France, to Wurttelnlerg,^whodeposed the regeritz 3u declared the majority ".0-y.u._"iJ lbid. r56-62. of the il.hlJ"; "" Ibid. r68ff. an intervention ut in the duchy's internal affairs under K. Pf.ff, C,eschichtedzs Milittiruesms in Wilrttzmbog aon dn dltesten bis auf unsne 7At und. du Vnhand.lungm dartibcr zuischm d.erfugimtng und dsn LandrtAnd'ac (Stutt- '3 gart, r84z), A. Vann, Thz Suabian l(reis: Institutittnal Ctrouth in tfu Holy For German territories in general, I have 4r-bz;J. 'Germany argued this at greater length tfiman Empirc, t648-t7r5 (Brussels. r975), 28e3. ani*,. s.u."t"..,,r"8."t.y '' 'Herzog In::::,ll 9g1Te, cri.is,;for Wri Grube, L. von Spittler, Eberhard Ludwig is alsothe conclusion Stultgarto l-andtag,38o-z; reached-"." .;;;*",ry ;;1Wilson, War, und Wilhelmine in K. Wichter (ed.), StimtlicheWerkeL. aon Spittln and.::fX1,::"11.:,],Soaety, e.g. ror. von Grivenitz', 4-5, (Stuttgart. Geschi'chte(Stuttgart, " Vann, Makingof r837), xii. 3r8-5o; E. Schneider, Wiirttembngische a State,t4g. Irgti), 332_7. r

r80 SHEILAGH OGILVIE The State in Germany r8r

entire 'unconstitutional' diet, arose at least partly from his fear that, if refused to intervene against .his tax- offended against Wurttemberg constitutional pri iaising and local conscription,nn as soon as the Treaty of which placed the right of taxation firmly in the ian flubeitusburg was signed in 1763, the Emperor and the Estates, the Emperor would intervene.seIndeed, the Frederick the Great of Prussia encouraged the Wurttemberg Council explicitly pointed out ro Eberhard Ludwig in r Esates to file a formal complaint against.their prince before that emergency fisial measures which violated Wuittem the Reichshofral(Imperial Aulic Council).*" Prussia supported privileges would not be countenanced by Imperial law.s case of the Wurttemberg Estates before the council, and the 'guarantor But.it was after rygZ that Imperial intervention played as one of the states' for the religious settlement most important role in the evolution of the Wuitte also sent a commission of inquiry into Wurttemberg itself.*" state-particularly during the reigns of the Catholic prir: It r77o the Imperial Aulic Council decided in favour of Karl Alexander (r733-Z) negotiated a final settle- and Karl Eugen (rZ++4il.^th"e the Wurttemberg Estates, and soon as a Catholic prince came to the throne, ment, the Erbuerglzic\ which represented a confirmation of council.led by Georg Bernhard Bilfinger (a leading me Wurttemberg constitutional privileges and a setback-if not .notability' of the,Wrfrttemberg Ehrbarkeit, the lScal r an unequivoial defeat-for princely absolutism.aT key role in the duchy's government will be discussedin There was thus hardly an importantjuncture in the strug- next section), began to make systematic use of Impe: gles at the centre of the Wurttemberg state which was not institutions to secure the establiihed Lutheran Church influenced by the availability, to all domestic parties, of Im- Wurttemberg and the control of the bureaucracy over iL perial institutions to which to appeal, and th9 Empire_'svery r735_Bilfinger prevailed on ttre corpuseuangelicoru.m (pror ieal powers of intervention in domestic affairs. Although tant delegation) ofthe Imperial di-et to .oifir- these p the Habsburgs tried to make use of the Imperial structure to Seven to maximize l.g..r.-' yearslater, ii t742, he managed to securi intervene in German territorial states in order further external confirmationi of Wurtteinberg,s in their own power and interests, the constitutional complexity constitution: first, a guarantee of the d.uchy'sreli[ious and institutional inertia of this structure was such that it ment, from Prussia, England, and Denmark (which could also be used against them, as in this case by a Protes- 'guarantor t rurL,wuknown as theule guarantor states'); and second, official rec tant coalition of Prussia (and others) with the Wurttemberg nition bf Emp_eror This may have been an- JlrS of all Wurttemberg's laws, going br Estates, against a Catholic prince. to the .consdtuti6n, unable ^Tip"gn Vertmg (the Wfrrttembeig other reason why even Catholic German princes were r,gr.4).n2 Impeiial establish absolutism on ,These and internatioial guaranrees to sustain the effors necessary to their right to share in government strengthenid the Estz the western European model-if not the Emperor, then the and the bureaucracy^ in opposing Karl fugen's attempts Imperial institutions more widely, would intervene to pre- limit their^poyerl after he-attained his m'ajority in 1744 vent them. Altho_ugh for the duration of the Seven VearJWai 1175 Even when our picture of the growth of the Wurttemberg the Emperor, requiring Karl Eugen's military iri state takes into account the Imperial framework, however, it remains and Estates, 'n incomplete. The prince, bureaucracy, Vann, Making of a State,186-7. * Ibid. zor. " Ibid.274-6. nt *o 'Herzog Urkundi, die fuligion ln den.HaTgSthum Wilrtembng betrelfmd (Snttgart, Adam, Karl und die Landschaft'; Grube, Stungat'terLandtag. n2 rJ * H. Lehmann,piitismus iifi;nbnbsrg R. uo.r Mohl, Eeitriigezur GeschichteWiirtt'enbngs, z vols. (Tirbingen, r 828), vol. "ya.rr1yfrn 9ra1i"g aorn17. bis zu._Ju4rnu7.utrtzo..lahrhund.ert \iluftgart,(Stuttgart, 88-9;du_g; R. Rurup,Ririp, pizt; i. -1969),-rgbg), Johann Jacob Moser: n' *f!*.lwi::9a*n, 1965), r in A. H. L. Reyscher, Vollstiindige, histmisch und' yy 3er. M . Watker, Jihann Jikob Mosn and ttw The E bungbicft is reprinted tuy:E-pyo{.th"e Gemni Natton(Chapet nil, Ni r98ri, rzz_5. hitisrh bearbeittt Sammlung d^?ruliirttenbergischnz C,esetzt, 19 vols. (Stuttgart' r8z8- " Vann, Making of a State,254-5. 5r), ii.550-609. (

r82 SHEILAGH OGILVIE The State in Germany r83

even when strengthened by or Imperial interventior, r11€ nisricts), legally constituted as Kilrperschafim. -c.orpo11te formed a superstructure; their like power was dependent on ;;;;r', wnicn could enter into binding undertakings' operation of the dense,network of corporate each corporate district groups on l"u-.i,n"t corporate group. In turn, local level which actually governed the communities: villages couniy. fie si ?n|-"a..tp of u numbe.bf corporate gles for control at the centre, even when implifieJ "tiungi"S in number from zero to more than sevenry), cen- the Imperial framework, were not what torvn which acted as the 'strength' determined I"J-rt"""a the Amtstadf, a small of the early modern state; they simply decided lj-i"it,turive'Th"r" centre of the district'5o would enjoy.the spoils. The gradually intensi$ing extra( towns (seldom larger than in- 'growth' small district 5,ooo of these spoils-the of the early from very mode.i ,tate habitants,-"^rlv on average less than 2,ooo) ^operated not greatly affected by the competition at the centre, on as the undisputed centres of local government' was carried out through local men, the mechanisms that were il"'v *"t" governed by an upper council of twelve and highly resistant the to interference.ut Eilnt, which also judged civil cases and constituted a lower firsr court of appeal for ihe villages of the district; and In .""".if of six, the Rnt,w;5ic1. as"sistedin administration'sl The 4. CorparateOrganization of Locat Society uddiriott, there was a plethora of community officials, mainly inspectors over various economic activities-so many that in Without mechanisms by which new taxes and regulati-confl r7i7 in one small district town, Wildberg, with only about could be enforced on the local population, the 16oo inhabitants, more than one-fifth of male household policy-makers 1-org ar rhe cenrre had little impacr on he"adsheld community office.52Members of both councils size of the public sector, the efficiency with which an r and holders of other offices were elected by existing office- mo.dern so9i.eg,was governed, or the nature and range holders; the prince's district officials, even if present at the activities which the state could regulate. What gru.lz election,hadno vote.53 early modern European state itJ less say over 'stre-ngths' particular ,f,up. In the villages, the prince's officials had even were the social arrangements by which it community aFfairs. Tlne Schuttheif (village bailiff or chief ad- tended government to the local economy and society, fi ministrative officer) had by the late sixteenth century ceased was here that taxes were gathered, soldiers were recrui to be appointed by the prince's officials, and was instead and-sysn more importantly-where regulation and electedty tn. village council.u' Most civil and administrative tribution took place. It was the nature of drese arrange caseswere dealt with by the self-electing Dorfgericht (village which gave the Wurttemberg state and many similar statestheir special character. uo W. Grube, C,eschichtliehe Grundtagm: Vogteizn, Amter, Lanilkreise in Badm- Th9 political 'Einteilung in ..- organizarion of the Duchy of Wurtteml Wilrttembng(Stuttgart, rg75), ro-zr; E. Blessing, Wirrttembergs like that of many other early mod.ern ie.ma., states, A-t"..,-i5r5',Amt". .,-"r

r84 SHEILAGH OGILVIE The State in Germanv r8b

court). The first (and in the vast majority of casesfinal) nver the election of delegatesto the diet, only citizensof the delegates."-In-the of appeal was the C,ericht(court or council) in the iirtri.t town could actually be elected as town.55In so far as the village was subject to outside con .iehteenth century, although the prince encouraged them it was through the district town, whose own officials more in politics in the hope that this would ,.r"participate 'notability', lated an increasing number of activities, especially the .i.ir-u"ttt the power of the urban villagers were portioning of taxation and the operation of markets ,lo* to do so.ouThe new community ordinance promulgated agricultural and industrial products, both crucial for in rToz enhanced village representation in the general functioning of the Wurttemberg economy.uu assembliesof the districts, and under Karl Alexander the The families that held community office in the small prince's agentsengaged in considerable lobbying and intimi- had, by the sixteenth century, used their considerable hation of village representativesin order to undermine the tonomy in the towns, and their role in helping to admini Ehrbarkeit-dominated estates. However, vo tin g practice s con- the villages, to turn themselves into a powerful and tinued to be determined by local custom, and this gavedomi- perpetuating 6lite. This was the famous Ehrbarkeit, to the urban Ehrbarkeituntil well into the nineteenth 'notability', nance which has been shown by Decker-Hauff century.ot In 1799, despite the fact that three-quarters of subsequent historians to have dominated both local Wurttemberg's population lived in villages, only ten of the central government in Wurttemberg.ut During the eighty-six votes in the diet were cast by delegates from vil- century, this group consolidated its dominance over lages,and this was only because these ten districts did not Amtsversammlung,the local assembly of representatives cJntain any town.62Thus the control exercised by the mu- all communities in the district. which elected the de nicipal corporation of notables over the district locallyturned from the Amt to the territorial diet.58 Although the Thi them into the main counterweight to the prince's power Years War brought greater participation of the villages nationally.6s district affairs, and greater influence of the A As a consequence of this pronounced degree of local uu 'Aus self-government, the Wurttemberg central administration C. Grabinger, Bemhausm (Bernhausen, ry7D, 47-8t W. Grube, GeschichtevonStadtundAmtGuglingen', kitschifidcsZabngtiuunei.ns(rgg8), found it difficult to monitor and regulate the districts. This 59; W. Grube,'lorfgemeinde problem was first brought to light in the streamlining of ""a'a-',*..r.--ffi ;i;;*A;;;;*g'; fiir ai)rtkmbergischeLandesgeschiehte, t 3 jg54) , rg4-2rg; K Bader, central government in the sixteenth century, with the und Dorfgemeinde(Vienna, rg7l, 266384 uu Ogilvie, State Anpmatism ind Protuiid.ustry, ch. g; Sabean, Properq, trere professionalization of the bureaucracy and the establish- 69ff; V. Ernst,'Die direkten Staatssteuern in der Grafschaft ment of the Privy Council. However, it became far more WiifitenbergischeJahrbi)cher (rgo4), i. 5b-go, ii. 78-rrg; N. von Batzner, Arntskorperschaftsverbinde in Wirrttemberg, ihre Entstehung und ts 'Dorfgemeinde Ihre Aufgaben und Leistungen und die auf die Errechung ihrer Grube, und Amtwersammlung in Altwirrttemberg', rgSff; H. 'Die verwendeten Mittel', Amtblatt deski;niglichen uriirtbrnbergisehm Ministeriums dzs I-ehmann, wirlttembergischen Landstinde im r7. und rB.Jahrhundert', in D. 8 ( t 878); Bader, Do(gmossmschaft und Dmfgemcinde,gzz-g4: Grwbe, Vogtzien.I. Gerhard (ed.), St(indische Vertretungen in Europa im t7. und 18. Jahrhundat 'Vertretung', (G6ttingen, r969), r87; Benzing, 1o2-ro; Yann, Making of a State, '' 'Die H. Decker-Hauff, Entstehung der altwirrttembergischen ro-5-6. ', 'Die t25o-r534, Ph.D.rn.u. dissertationdlssertauon (lrrlangen,(Erlangen, 1946);rg4o)t H.tl. M. Decker-Hauff,Decker-Hautt, Yann, Making of a State, rob-g,238 with n. 58; ho'wever, this did occasionally FuFuhrungsschicht Witrttembergs', in G. Franz (ed.), Beamtmtum und prove: politically decisive, as shown by Wilson, Wa1 Stateand Society,64, tB5-7, r89. 'A 'Vertretung'; 'Die r4oo-t8oo:t4oo-t8oo: BiidtBiidinger VofirAgerg57 (Limbvg, rgTz),5r-8o; K Marcus, , "' Benzing. A. Rieger, Entwicklung des wrirttembergischen ..-- 'Dorfgemeinde tion of Privilege: Elites and Central Government in Wurttemberg, r4gb-r r$eisverbands', Ph.D. dissertation (Tirbingen, rgb2)t W. Grube, Ph.D. dissertation (Cambridge, r ggr ). A-t.ue.*mmlung in Altwirrttemberg', Zeitschrift fiir uilrttembngischen 58 'Die -Stadt Ytd F.-L Benzing,benzrng, L,re VertreiungverEetung von "Stadt und Amt"Amt- imlm alnarualtwurttembergr Landesgesthithte.r3 ( r g54). 'Zusammenstellung Landtag', Ph.D. dissertation (Tribingen, rgz4); H. Fink, ,^"' The figures are from Vann, Mahing of a State, tor n. 43, and from W. Grube, das Landtagswahlrecht der altmfrttembergischen Stidte und Amter' ( ugrfgemeinde und Amtsversammlung in Altwurttemberg', 196. " Staatsarchiv Ludwigsburg, r 957). Vann, Mahing of a Statt, 38-g. r86 SHEILAGH OGILVIE The State in Germany r87 acute during the Thirty Years War, when for long in all law-giving in Wirttemberg is illustrated by the fact that during the r63os and r64os the Crown was literally ,fre remaining membership of this court (as of all other local to recruit or pay qualified bureaucrats to many and district law-courts) consisted of members of the town or istrative positions, which therefore remained vacant.64 villagecouncll' Vann's relatively cursory examination of government in Tiese appointees of the central state in the districts were districts of Nurtingen, LJrach, Schorndorf, Bietigheim, to some extent insulated from local interests and pressures. Vaihingen suggestedthat in this period the district, Although it is often claimed that the prince's officials at the than the centre, increasinglybecame the level atwhich local level were selected from local families, it is not clear aspectsof governmentwere carried out: justice, market that this was the case. We have no systematic study of the lation, education, public health, charity, religion, and social backgrounds of the prince's district officials, but tary quartering. While the external pressures of this Vann's investigation of three Wurttemberg districts in the brought the central government'almost to a standstill', tl and eighteenth centuries revealed that al- seventeenth 'notabil- permitted local government to develop rather more swi though most district officials were members of the than before. It was not until the second half of the ity', tLey seldom governed in their districts of origin.67Where 'notability' teenth century that the central government began to try the district governor was not a member of the of catch up on its orun account, let alone to monitor and another district, he was often a member of a family of Free trol the districts." Imperial Knights or the nobility of neighbouring small non- An attempt to bring the districts under control had al Wurttemberg territories, which are known to have been re- begun in the sixteenth century, when the prince installed cruited into the Wurttemberg bureaucracy in large numbers. own paid agents on the local level. Each district was assi That is, the district governors tended to be recruited from an Amtmann (district governor) and a Stadtschreibsr( precis^elythe sources which supplied the central bureauc- secretary), who were appointed through the Privy Council. racy.ooThe town secretary, the pastor, and the deacon were Pastors, deacons, and schoolmasters were also appoin appointed centrally, and thus, although often members of 'notable' centrally by the Kirchenrat (Church Council) in Stut families, also generally originated in a different which reported to the Privy Council. The district district from the one they were serving in, and throughout presided over the dense network of local courts, the their lifetimes were moved around by the exigencies of pro- secretarykept the records, and between them they i modon within the temporal or ecclesiasticalhierarchy. That local accounts, and formed the conduit through which is, unlike almost all other W{rrttembergers, these officials' tral edicts passedto the localities and local petitions Bilrgerrecht(citizenship) was seldom in the local community, to the centre. The pastor and the district governor they were extremely mobile, and although they formed local presided over the Kirchenkonuenle (church courts) ties their careers depended on central approval. From the were establishedin r645, although the corporative ele sixteenth century on, therefore, the Wurttemberg statehad a potentially powerful tool in the form of a paid local bureauc- uo L. von Spittler, Geschichte dzs wirtzmbergischcn Geh"eimen-Raths-Collzgium* racy which was highly informed about local life but owed its Wichter (ed,.), Stimtliche WerkzL. aon Spittlerxiii. uu 24242. nt Vann, Maki.ng of a State, ro4, quotation from rr7. One instance of Vann, ., Making of a State,gg and n. 34 on his investigations of the districts of diminished regulation of local society in the few decades after the Thirty r\urtrngen, Urach, and Vaihingen; this does not prevent Vann from citing the 'regional' 'the War is the reduced bureaucratic monitoring of the (rural-urban) orthodox view that ducal commissioner was usually selected from one of the most industrial worsted-weavers' guild of the district of Wildberg in the Black ForesE important town families' (p- 4z). My own research on the district of Wildberg the^discussion in Ogilvie, State Corporatisnland Proto-ind.ustry,ch. lrom .. I r8o to c.r 8oo does not confirm this. * 5. 'o K. Zimmermann, Der Vogt in Alturiirttanbng: Ein Beitrag ntr Geschichk . On ihis stratum in the central bureaucracy, see Vann, Making of a State,g6 and, ch.:. uti)rttcmbergischenStaats- und Vmraltungsrechtes(Marbach, r 935). 7

The State in GermanY r89 r88 SHEILAGH OGILVIE livelihood to the centre, although its social allegi r1tern,9;,g"Tt[t#?iltti?#""Tt;tt'""t:*:#ff:1: than with ffi more with the Prir,ry Council the court nor onlythe guildedstatus of more g"ill.{irii;?o"fir-i"g*"'.- prlnce. guitos, but alsothe continued However, the mere existence of a paid local ainsrreamiccupations, ;ttq-litJt;.ttldt in theseotcupations over both town and was not enough for the state to impose its will - on COIlu"' ! "71 institutions. These officials were not numerous, and the -i,?,Xjll pressureson them were considerable. They would not :::::la' f:XllnH.llt teen able to achieve the considerable successthey di # ?:'it.Xff *:ffi than traditional crafts-among'proto- implementing central regulations (orat least a subseiof f::;t'"fi;. 'capitalist' lit-t.t - and worsted-weavers, mer- regulations) if they had not formed allianceswith imp f}l,*r"t'-.ural entrepreneurs, small retailers, and local interests-which made them into agents of the *:l:'lrri-i"a"rrial of agricultural and other primary-sector occu- ities at the centre, at least to the same degree as they !#;.;u.rs as shepherds' winegrowers' and fishermen"' agents of the state in the localities. In Wurttemberg, ;;;;"t such onwaro' t-toott" couldkeep a shop or-trade as.a local interests with which they contended were hrom rtior wilrttemberg without guild membership or dis- through two main corporate institutions, guilds and ;;il;;i in from the prince-the merchants and shopkeepers communities. o.rrruri"" the moie than forty occupations which retained Guilds are often seen as losing power during the fi;;;". of 'Zunft' after r8z8'73 Indeed, the word (guild) modern period under the combined assaultof the state tft.ir *"ifat used in wurttemberg outside formal ordinances: the marliet. In many parts of Germany' however, this war *". i"'*ry 'das was simply called Handwerk' (the craft)' an the case.Instead, guilds (and other guild-like or5 tii. g"ifd 'companies') rri.ution of the virtual conceptual identity of the economic such as merchant continued to be ilt activityand the corporate group to license accessto lt.'' influential not just in traditional crafts (oriented to 'proto-industries' ?r 'Allgemeine (zz^Apr' and regional riarkets) but also in Reyscher,Suntmlung, n'/:. 593ff.: Gewerbe-Ordnung' 'RevidilriJallg"-.itt. (5 ' expanding rural domestic industries pror r8z8); iuia. xv/ z. r z'4r ti: Gewerbe-Ordnung' Aug' t 83-6) rapidly ?2 and Protuindusrry' ch' For In Wurttemberg, See the discussion in Ogilvie, Stite Corpuatism 3' foi export- markets).un -*o1t-*tt' the Wrlrttembers ordi'ance'; establishing and sustaining guild regulation of in: 'Weingartner-Ordnung' (30 many other German territories, guilds flourished winegrowers.see Rerscher. Snmmlung,xiii. agfl-.: tYq' only-parl 1644).Forshepherds.secibid.xiii.ro3ff.:'Schaferordnung'(ztAug'lb5l);lbrd' countryside as well as the towns' In fact, the :(icrreral-Reskriot. or xiii. ro78tf.: die Vereinigunq der Zunfte der Fischer und German-speaking Central Europe in which rural Schifferbctr.'rz:Arrg.';,7tiir,la.xiii.rrF,tji:'Sltrittr-undFischerordnung'(6 Swi ;General-Reskiipt, gional' (rural-urian) guilds were rare- were inner July r 7 r q)l ibid. xiii. ir4o ff.,' die Organisation der Schiferzunft 'Rescript, Auflegrng eines iand, the lower Rhine, and Catholic Westphalia; elsne Fo" tz.lul' rTzq); ilia. rzSqff.: betr' die Concessioiisgeld.s "iii. welc-hekeine gelernte Schiifer sind' been very. wide,pl,"3d_ ttr dielenigen Schihalter, they appear to have - {4,Julyr7z6r The grrild"organizarionof merchants and shopkeeperswas^estatr 'regional' lrshed with its ubiquitous guilds' was ibid.xii.;47;i: Ersre"Handlungs-Ordnung'(zo.fuly r6or):and confirmed Wuitte-terg, m 'Fi.rnfte a seriesol iiirrher ordinarrces.including ibid. xiv. zoff.: Handels- acteristic of i very common-if not predominant-L'e urdnung ( t t Nor'. l;28). fhe guilded natrrreol most crafs (and the occupations ordinance ol pattern. As late'as 1828, a revised guild and sh.pkeepcri) was realfirmed ibid. xvzz.593f:'Allgemeine \'ew-erbe-Ordntt"n.merchants 'Zusau-Gesetz. ,r, Apr. r 8zrttl ibicl xvzz. 59.11': zu 'Proto-industrialization in Germany', in S' C' Ogilvieal 4l8emeittett 'Revidirte.der " See S. C. Ogih,ie, (,eni.rbc-Ordnuug'(22 Apr. rBzB):nna iUla.xv'2. t z3t f.: t.9S6] o"8rt*.i,t. (lermarrL'erman (eds.), LuropcuflEuropean -'Proto inriustrialization (oanbridd"'. Gerrt.rhe-()rdnungt'{5 to article ro-. \eos')' 'The llll,:3"1i(ed.)' - A,,o. t8.1tit,esp. Beilage r1z-3; S. C. Ogilvie, Beginningsl::::::::,::":;fi;#;il;3;"^ir" of Industrializa ciglvie - Kevscher \,trn-t,,,,* 'Aiigerneirrc (zz Apr torl\'t,in *t ,. igtd., Gerrerbe-Ordnung' ;-1i"if ry:'t': 0 - y y H.sl * ,.'rr'i '',':n.vidi#allgemei,i" c"*".u.-ordnung' r5 Aug rx'aii1' z:i: .1 i";fii;! i"',-i^,it'," " lt : ? in:: 1tter::' friihenT;'.:: Nezzeir: lll-j,',t;:'-(Munich, :"1"1i;o iss") ) .' l'al'z; : ,Handrverkerrechr wo.;#;"11";i"';r'il',ii"l, uncl Ziinfie auf iem Land im Spitfeudatislmus',Jahrfucn iill:_l:I,lil.'f"',-j;'i'l;:', ,t.:'l:":[.Jil.1; Gesrhirhledu l;atdalisnus, 7 ( r g8g), 326-5o, r90 SHEILAGH OGILVIE The State in Germanv r9r

When people found a new way of making a livi them by the town secretary and inspected each year by the for example the proto-industrial worsted-weaving of prince's district official and the council of the district town; Wurttemberg Black Forest in the r58os, or the lhis practice continued into the late eighteenth century.77 industrial linen-weaving of the Urach countryside The account books recorded incoming and outgoing ap later-the p-ractitioners formed a new corporate group prentices, incoming masters, fines collected for offences regulate it.75 These new guilds initially formed throu isainst the ordinance, expenses incurred in lobbying the a process of grass-roots organization-the Wildberg Siuttgart bureaucracy and the Estates, and lists of practising industrial worsted-weavers' guild, which I have studied rnasters and widows payrng their annual guild dues. These detail, collected money from door to door in the villages records reveal that the guilds were becoming more, not less, district town in the first year of its existence to pay off powerful and efficient at market regulation in the course expensesincurred in lobbying the princely administration of the seventeenth and eighteenth centuries. Their high Stuttgart for a state charter over the preceding six years degree of internal cohesivenessand external exclusiveness But although new guilds formed spontaneously among were only possible becausethe guilds enjoyed extensive sup- producers in a new sector, they survived because their port from both their communities and the prince's officials porate privileges were enforced by the central poli in the localities.T8 the local bureaucrats, and the corporate communities. Beginning in the early seventeenth century, the Wurtt " Official yearly account books began to be kept for guilds in the district of berg statebegan to regulate, \4'ildberg between r5g8 and 16rz, although all guilds (except that of the new but also to support, local gui proto-industrial worsted-weavers, who only obtained their ordinance and guild to a much greater extent than previously. Guilds began to organization in r5g7) had already been in existence for a long time. The annual obliged to keep proper accounts, which were written up account books of the worsted-weavers' guild in the district of Wldberg survive from the guild's establishment in r5g8 until r647; and again from r666 until r76o (after which the account books do not survive because they were not archived, although copious additional local documentation shows that the guild continued to be very Ogilvie, State CorPoratismand hoto-industry), is confirmed as general usage (at active) ; these account books are held in HSAS ,4'573 Bn t, Rechnungen des for the r6th centur/) by G. Raiser, Die 777-gr Ziinfte in Wiintembng: Entstehung und Dt Engelsaitweber-(Zeugmacher-)Handwerks, r5g8-r647 and r666-176o. The ac- tion, inteme ()rganisation und dnm Entwickhmg, dargestellt anhand da Zunfiartihzl counts of the guild of the Tuchrnachn (woollen-weavers) in the district of Wildberg du iibrigm Normtttiubestimmungenseit dnn (Tfrbingen, Jahre 1489 rg78), 5-6: sun'ive from 16rz only to 1644, even though the extensive system of rents and Wirrttemberg, after the gradual disappearance of the concept of the fraternity, interestdrawing loans revealed in the first surviving account book point to a long- even still alongside it, at first only Handwrrhz (crafts) (craftsme and Handuerhsleute standing financial history, and the guild survived until r86z: HSAS A573 Bir grz- 948 r 6 r z-44 (Kerzen- und Walken-Rechnungen des Tucherhandwerks). Similarly, the account books of the bakers' guild survive from 16o7 to 1777, even though the guild had existed in Wildberg at least since the r56os (as is shown by the fact that 75 Ogilvie, Statc Corporatism and, Prott>industry, ch. 4 and passim; H. Med: It paid rents into the Heiligmrechnungen (accounts of the local ecclesiastical admin- "'Freihandel frir die Zunft": Ein Kapitel aus der Geschichte der Preiskim istration) from the beginning of their survival in that decade: HSAS .4573 Bri im wrirttembergischen Leinengewerbe des r8. Jahrhunderts', in R. Vierh z8zBff.), began having its accounts checked by the ducal bureaucrats ayear earlier, (Festschrift), Mentalitdtsn und ltbensvnhriltnisse: Beisy'iek aus der Sozialgeschichtt tn 16o6, and continued to exist until r 862: HSAS A573 Bir g4g-r or 8 (Rechnungen (G6tt\neen, 'Privilegiertes Neuzeit rg83); H. Medick, Handelskapital und des Backerhandwerks), 16o7-1 7 77. There is also one account book for the butch- Industrie": Produktion und Produktionwerhiltnisse im Leinengewerbe des ers' guild, which survives for 1665-6, although clearly this guild existed for more than wirrttembergischenwurttemberglschen OberamtsUberamts Urach im r8.Jahrhundert',rS.Jahrhundert', ArchhtArchh)fiirSozialgeschi fiir one year: HSAS A573 Bn rorg (Rechnung des Metzgerzunfts), r665-6. The z3 (t983), 267-9ro:. W. Troeltsch, Die Calwer kughand.tungskompagnie und, beginning of surviving account books for the worsted-weavers, the woollen-weavers, Arbeiter: Studfun zur Gaanbe-und SozialgeschichteAltu/iirtpnbergs (Jena, 1897); R. I and the bakers in the district archive in Wildberg between r5g8 and 16o8 may Die Textilindustrie in C,alw und i.n Heidenhzim r7o5-r87o: Eine regional unglei reflect the well-known intensification of state efforts, under Duke Frederick, to Untersuchung zur C,eschiehtedn Frilhindustialisizrung und Ind.ustriepotitik in eshblish a state industrial policy in the grand style and bring more sectors of (Stuttgart, rggo). the economv under state control, as discussed, for instance, in Troeltsch, '" Hauptstaatsarchiv Stuttgart (henceforth HSAS) ,4.573Bn (Feb. r klgh an d I u ngskompagni e, r r 'Von 777 5- 7. r 599) fo. z': 8 t Maister des Engelsait weber handwercks, haben wir zu " See the detailed discussion of these findings in Ogilvie, State Corpuratismand Protu>industry, der Newen OrdnungJeden 4 bz empfang. thut z r f. g baz.' esp. chs. E-7, g-r<). 7 i i

r92 SHEILAGH OGILVIE The State in Germany r93

Local court records reveal that infringements by ou dyers to which the prince had granted a monopoly in r65o. against the guild monopoly were often pursued by The worsted-weavers' guilds of the districts of Wildberg, munity offrcials and the prince's district-level bureaucrats, Calw, Nagold, and Herrenberg also frequently mobilized the well as by the guild officers and ordinary guild mem support of their district town councils and district governors Bureaucratic and community assistance gave the Wild ro'write to Stuttgart on the weavers' behalf.o' With both proto-industrial worsted-weavers' guild, for example, srare and community institutions behind them, guilds in power it exercised to confiscate unsealed cloths or illici Wurttemberg disposed of impressive ability to influence eco- spun yarn, even in relatively distant villages, with the nomic policy at the centre. weight of the local judicial machinery behind it.7e In this, they were assistedby the second fundamental unit against guild regulations were frequently punished twice: of local society, the village or small-town community. In small fine was levied by the guild iself (recorded in Wirttemberg, as in many other German territories, villages account books), and a much higher fine was levied by and towns exercised considerable power both internally, prince's district official in the district town court, over their members, and externally, toward the outside mented by brief gaoling for more serious offences. world. As we have seen, the delegates to the Wiirttemberg mutual support between local bureaucracy on the one parliament were selected by a gathering of village and town 'notability', and community and guild corporatism on the other, is representativesfrom among the the community surprising, since local records reveal that guild me office-holdersin the district town, all of whom were members dominated the local community councils.ou of guilds, usually of the most important occupations in the These local guilds also had an impressive capacity to in community. Thus at the centre of the Wurttemberg state the ence decisions taken in Stuttgart, at both the Chance parliament gave expression to community (specifically small- and the Estates. This influence resulted from their a town) corporatism. to extract resources from their members, not just th But communal corporatism was even more important for mastership and apprenticeship fees and fines, but the internal administration of all aspectsof social and eco- through regular guild dues. For instance, beginning in nomic life in the localities. Until well into the nineteenth r66os the Wildberg proto-industrial worsted-weavers' gui century, W{rrttemberg communities stringently enforced began to collect annually the equivalent of a day's earni their citizenship barriers against outsiders, possessed a from each master and practising widow in the town multitude of corporate customs, closely regulated common the villages.These funds, which amounted to more than resources, and rigidly demarcated themselves from neigh- value of a modest house every year, were used to lobby bouring communities.dz State citizenship in Wurttemberg bureaucracy and the Estates in Stuttgart to pass industri was dependent, for all but a few exceptional categories of legislation favourable to the guild, and to counter si individual, on community membership: on admission to a initiatives on the part of a rival corporate group, the village or town in the territory as Bilrgr (citizen) or Beisi,tzer 'by-settler' Zzughandfu,ngskom,pagniaa guildJike company of merc (lit. or associate). In addition, every aspect of life-residence, tn marriage, economic activity, use of commu- Ogilvie. State Corporatismand Prolo-industry, ch. g. ou nal resources,and poor relief-depended on possessingone Vann. Making of a Slalr, describes this well-known characteristic of the district towns (Amtssttidte\; that it could also be true in villages is shown by of these nvo rights. This was laid down in the Landesordnung example of the village of Sulz in the district of Wildberg, where in r 7 t r six members of the rwelve-man village Gericht (cotnc:tl) were members of the guild of the " For an analysis of the purposes and success of the lobbying campaigns of the kugmachn (proto-industrial worsted-weavers), even though only just over one worsted-weavers' guild of the district of Wildberg, and the resources such political quarter of the village's households were headed by Zatgmaeha see HSAS ,{573 Bti activity consumed, see Ogilvie, State Cmporatisrnand Prokrinduslry, ch. ro. 863 (Apr. rTro-Apr. rTrr). "' See ibid. ch. 3. r94 SHEILAGH OGILVIE The State in Germany r95

(National Law Code) of 16zr, and was repeated in e Land or housescould not be sold to outsiders to the commu- subsequent ordinance concerning the local communiti n1rywithout first being approved by the village or town coun- no one was permitted to live in any town or village of cil.' Property offered for sale by either a townsman or a duchy unless he had been formally admitted as c"itizen villager must be offered to members of the community Beisitzer. As late as 1833, the Wurttemberg commune before it might be sold to an outsider' Sometimes even so nance began with the statement: flre village or town Gsricht (council) would simply refuse ,Fertigung' (official ratification of the transaction) and the The communities are the foundation of the state. Every citizen c6uld not go forward.86 Agriculture, too, was regulated the state must . . . belong to a community as citizen or Beisi, sale ways by community officials: the crop rotation, the . . . No citizen of the state. . . can marry, take on public in many use of the extensivecommon lands. Commu- practice any occupation on his own account or with his own cor',/Ce,and the h.o]d, o1 officials ensured that the local customs associated with gven \eep an independent dwelling, before he nity citizenship or Beisitzrechlin a community.8n the Dreifeldmrirtschafi (the three-field system of crop rota- tion) were obsewed, that each man did his corv6e of wolf- The local communities controlled not just marriage an hunt and deer-watch,and that common lands were not built settlement, but most other aspectsof economic and" soci upon or over-grazed.tt life. Each-village (even those in a single district) had a di Communities also limited and controlled demands on ent set of customs, weights and meaiures, rights, privile communal resources such as common land and water, build- and freedoms, enshrined in is Dorlbuch l,ittugJ U""il ing space, and welfare provision. Local customs regarding charter). That is, a slightly differeni law prevail"edin er use of common lands and other common property were community. For instance, in the seventee-nth centurv t defended fiercely, and communities retained consider- village in the district of wildberg possessed different cust able autonomy. Every year-sometimes more frequently-a and rights concerning payment of tine Ilmgeld (excise tax) Rilggnicht (regulatory court) was held, attended by the entire wine. Beforg prince could +e change tLe law, he had male citizenry; every three years, this was turned into a Vogt- write out to his bureaucrats in the diJtricts to discover Ri)g-Gericht(governors' and regulatory court), at which the privileges he would be injuring, and which groups he wou district governor also presided. At these gatherings, each be alienatilg, in each local community.tu ihe communi citizen was asked in turn if he had anything to report; the also controlled its members' disposition of private t;;p;;ri] kind of offences reported included over-use of commons 'Lande-sordnung r6zr', in Reyscher,Sammlung,xii. here tit. ii, para ,^83'Commun-Ordnung: 7zg_3o, villages on their own traditional weights and measures was used as a way of evading Ordnung frir die Communen, .rrih-di.e, Vorsteheie ur central regulation and enforcement. dem Herzo.gthumWirrtemberg' (rJune r75g), ibid. ^","Ot:",:,r" xiv.537ff. 1fr.re tu Aufenthalt Records of sales in the ProrocollumComrnune der Stadtschreibnei(general minutes ::-":^i.:_ f"-:Illu.): ,'Generalrescript, .den nicht v!-rLirrgerter Personenin Stidten und D6rfern.Ueri.' 125 e"g. i8";i, ;il. of the district-town secretariat) , in HSAS ,4'573 Bfr r z z-9, contain either a marginal 'Revidirtes ;t".";;%;i 'gefertigt' c'esetzuber das Gemeinde-Brirgerl uniBeisiuiecht' (+ nec. rdig);i note (ratified), or are crossed through with the comment'nit gefertigt' ibid. xvl2. ro6aff. (not ratified), (but invariably) accompanied with a note of the ta 'Revidirtes-cesetz sometimes not iber das.Gemeinde- Burger- und Beisitzrechc (4 Dec, reason the town or village council had disapproved the sale. Similar community 1833), in Reyscher, ,Die regulation Sammlung,xv/2. ro64ff.: bemeinden sind die CrriaUgi of land sales in the village of Neckarhau:ien is discussed in Sabean, des staats-Vereins..Jeder Prop"rtJ, Staatsbirrger mu-B, sofern nicht ftrr ihn das g.g".r*a;;[e 4zb. Gesetz (Art. "B,i.g.. 8? 4) eine Ausnahme 6egrindet, einer Gemeind" ulro odl4 The lists of levies for the Hirschhzt (deerguard) and of names of those ex- Beisitzer angeh6ren. empted . . .Jeder Staatsdfirger,der nicht unrer den im Art. Nro. r, for various reasons (age, office) from the Wolfiagm (wolf-hunt) survive into g und f the 3, 5 bezeichneten Ausnahmen begriffen ist, kann sich, ehe er ein Gimeinde- r Bth century for the district of Wildberg, the former in HSAS A573 Bn 84-94 Bfrrger- oder Beisitzrecht and besitzt, wedeiverehelichen, noch ein 6ffentliches Amt the latter in HSAS .d573 Bn 6684. In addition there was a special book of frbernehmen, Ininutes 'Feldrugtags noch ein Gewerbe a-ufeigen Rechnung oder mit eigen._ ffu,rrt ut* of the oder Schfitzenrtrgungsprotokolle' (minutes of the treiben,. noch uberhaupt einen selbssrindigen court HSAS A573 Bit r r -- Woh"nsiu neh men., for offences related to fields and the guarding of crops), 3. I hrs case rs recorded in Such StateCorporatism HSAS .4573 Bn r r47 fos. 42'_44, . M. Walker, C,erman community regulation is discussed in freater detail in Ogilvie, Home Touns (Ithaca, and Nl rqTr), arguei that tocat insiitenie by towns and even Proto-industry,ch. 3, and in Sabean, hoperq, esp. 56-62, r5l-6. r

r96 SHEILAGH OGILVIE The State in Germanv r97

and woods, non-citizens living in the community, breaking a son of a citizen of ualsis illustrated by a casein L7z1,when guild monopolies, and insufficient regulation of marketr Uy church iie small district town of Wildberg was asked ltu As late as r8r alaw which attempted to in the 2, assertgreater courtwhether he would marry awoman from avillage authority over communities' control of He re- citizenship and Bei dirtrict of Tubingen whom he had made pregnant. was obliged to concede that the share of each member 'if she can attain to citizenship here, he will keep her; 'but,-,ti"d, community in the communal property, communal uses, not, bejause he will not give away his citizen- 'to otherwise other common income was to continue take place acco *frio on her account'.e4As copious evidence from local docu- ing to the local constitution of each community'.o'The st ments bears out, the community regulation which gave rise commissioned a detailed inquiry into the size and use of to such individual responses was tFpical for Wurttemberg to commons in all the communities of the kingdom in r8g the end of the eighteenth century and beyond."' but in the end concluded that no change in the com There was thus a dense network of arrangements in place Iaws and practices relating to them would be undertake for communal self-regulation, which strongly influenced Even the liberalized citizenship law of 1833 continued the decisions of every individual in Wurttemberg society. give communities considerable powers over communal These community arrangements were supported by powerful erty: participation of Beisitzerinthe use of common pastu in the Estates and the bureaucracy, both of whom were 'in allies 'notability' was future to remain the same in each community recruited from the same local as the community the ancient customary situation';el similar autonomy officials in the district towns. The Estates in particular' se- granted with regard to the taxes payable by Beisitzer lected by the cit\zenry of these corporate small-town and pared to citizens." village communities from among the office-holders of the These regulations did not merely exist on paper, but (as towns, confirmed this high degree of local autonomy and have shown elsewhere) played an important and essenti self-government in legislation well into the nineteenth role in the lives and decisions of individuals.e3No one wou century. Without taking account of this local autonomy, it take any action that might endanger his citizenship. was impossible to tax, regulate, or govern the Duchy of important role played by citizenship in the lives of i Wurttemberg. The development of the Wurttemberg state it was able 88 was strongly influenced by the extent to which The minutes of these gatherings in the district town of Wildberg survive to co-operate with this high degree of local corporate IIDADHSAS A573 BnrJu 8r-96,6r-90, Vogt-Rirg-Gerichtsprotokolle,Vogt-Kug-Genchtsprotokolle, rr1554-1784. See the siorr in Ogilvie, State Corpmatism and Proto-industry, cli'. self-government. tn 'fO.rigt. 3. Rescript, an das Konigl. Staars-Miniiterium, die brl For instance, a major cause of the stagnation in central Verhiltnisse der Einwohner in Absicht auf Gemeinde-Verfassung, state government in Wurttemberg for most of the seven- Gemeinheits-Rechte betr.' (6July rBrz), in Reyscher,Samrnlung xvlr.6r6f., article WI: the share of the member of a community in the communal teenth century was resistance from the more highly devel- 'richtet cornmunal usufruct rights, and other Gerwinh,eits-Einnahm^en sich nach oped district-level government, which was administered very Lo^l.al-VerfaBung eines jeden Orts'. 'Erla8 " des Ministeriums des Innern an die vier Kreis-Regierungen, W. R. (eds.), Wmk and thc Family Econom.yin Historieal Pnspeeti.ue(Man- Vertheilung und Benirtzung der Allmanden bereffend' ( r 8 Oct. r 8z r ), ibid. xv/ Lee Womm.'s 45g. chester,rggo),76-ro4 'Revidirtes on "' Gesetz irber das Gemeinde- Bfrrger- und Beisizrecht' (4 Pfarrarchiv Wildberg, Kirchenkonventsprotokolle, vol. iv, 7 Sept. 1725, 'hat 'wann -fo' tB33), ibid. ro64ff., here article 53: es bei dem in jeder 4ot': Sie k6nne Allhir Zum burgerrecht gelangen, wolle Er dieselbe hergebrachten Zustand auch in Zukunft sein Verbleiben.' behalten; Er um ihretweg. sein burgerrecht nicht vergeb. ntIbid., sonsten aber nicht, weil article 63. werde.' nu e5 Ogilvie, Statu borporatism anil Proto-inilustry, ct..3: for the specific effects See the evidence discussed in Ogilvie, Statz Carporatismand Proto-industry' esp' 'Coming children and adolescents, -" -b..'.-, -"..'.''6 4 L14, see OgiMe, of Age in a Corporate Society';vvLlLLl ' ch.3; and Sabean, Pro4nry, rg-zz, z6-9,42-8,58-G2,68-9, ro6-9' rrr-r2' 'Women the effects on women, see S. C. Ogilvie, and Proto-industrialisation in I rg-?o, r5o, rGer, 166, 168, r77, r87, zog, zr4-r8, 22r, 222-4, 329-30, 353- Corporate Society: Wirrttemberg Woollen Weaving, 159o-176o', in P. Hudson o,428_3r. r98 SHEILAGH OGILVIE The State in Germany r99

much in the interests of local corporate groups-both gui ouild Hauptlafun, organizations which would have enjoyed and communities. Thus, for example, when Duke Eberh iudicial auihority over a large group of districtlevel guilds in tried to improve stagnating royal revenues in the r65os iertain occupations, this was strongly resisted. The guilds r66os by means of state industries and resettlement in question insisted on keeping their local orientation, lands, financed by taxes and protected by royal and-refused to send representatives to meetings of the and government subsidies, these cameralist ventures fIauptladen despite repeated orders to do so. They com- strongly and successfully opposed by the Estates. The olained via the councils of their district towns and their tempt to establish a royal brewing industry was resisted delegates to the Estates, and appealed for support to the the grounds that it threatened the livelihoods of the famous guild law of tTgr issued by the Emperor (despite the corporate villages that depended on winegrowing for a I fact that this law had initially been promulgated to abolish lihood, as well as the perquisites of the urban magistraci guild abuses!).This combination of internal corporate pres- who regulated these markets.eoAs early as r65r-2, the i.r..r via guilds and communities with the appeal to "*"tted compelled the_prince to abandon a numbrer of these plans Imperial law succeeded in forcing the central government in a condition of receiving grants of funds. q64 to abandon the Hauptladen, as it was to abandon many In the first half of the eighteenth century as well, one more initiatives against both^guilds and communities, well the factors prompting the Estates' successful blocking into the nineteenth century.'" any attempt to revise the tax schedule was the fear of In fact, there is considerable evidence that both central 'that Ehrbarkeit change might jeopardize their own gu state and local corporations opted for co-operation to a far and trade interests', by shifting some of the burden off l greater extent than for confrontation. As Vann remarks, villages and onto theL^ towns.'o.^-.-^ 9X Duringn---:-- therL^ short^L ^,-L reign,-- :-,- 'there were occasions of friction to be sure, but at no time Karl Alexander from r 7 gZ to L7 97, the bureaucracy and during the seventeenth and eighteenth centuries did the Estates also resisted fiercely and largely successfully the Am,terassert themselves as political rivals to the prince's au- tempts of the prince, with his court factor Jud Sriss',to g thority, no doubt in large part because no one of them state rnonopolies to outside entrepreneurs, which th singly'could def the -ighf of the state'.rol On the other tened the Localmonopolies enjoyed by communities an hand, neither was the prince able to take authority over local guilds.eeWhen the prince's government sought to set u affairs out of the hands of the Amter, until well into the post- Napoleonic period. The power of each depended on the nu aspects of ordinary K Weidner, Die Anfringe einer staatl:ichsn Wirtschalkpolitik in Wiifitemberg other, and the power of both over many 'Zur gart, rg3r), r rz-2r; P. Wiedenmann, C,eschichte der gewert people's lives giew, symbiotically.lO2 Bierbrauerei in Altrvurttemberg' , WiirttumbngischeJahrbuch(rSZ+/ il, +7-58; Making of a State, ro8-9. " Crube, Stuttgart?r Landtag, gzg-4. 'o Vann, Making of a Sfata r 8 r. 5. Conclttsion:An Alternatiae Model of StateGrowth 'Die "' W' Soll, staadiche Wirtschaftspolitik in Wirttemberg im r7. und Ph.D. dissertation (Tirbingen, rg34), g7-roo; H. Liebel-Wec Jahrhundert','The model of German state Politics of Poverty and Reform: Modernization and Reform in Eigh Wurttemberg, therefore, offers a Century Wfrrttemberg', in The Consofiium on Reuohttionary Europe Prouedings development with a number of important characteristicsdis- Ga., r 98 r ) ; S. Stern, .ilzd Siiss:Ein Beitrag zur dattschm und zur jildischm 'Das 'oo (Berlin, rgzg); O. Linckh, Tabakmonopol in Wirrtternberg', Wiirtt, L. Hoffmarrn, Das uilrttembrrgische Zunfiwesm und' d'ie Politik dn henoglichen 'Merkantilpolitisches Jahrhuch (r8gg); A. Schott, aus Wfirttembergs He fugzmtng gegmiibn ikn Ztinfzn im 18. Jahrhundert (Tfibingen, r9o5), 38-43. ''' Wiirttumbergische ( I goo) ; W. Boelcke,'Ein Herzoglich-Wtrrttem Vann, Making of a Slatp, Jahrbuch 'o' 4r. Regiebetrieb des ausgehenden r8. Wil.o.r, War," Statparut Sicietl, !, advances a very similar argument for non- Jahrhunderts'Jahrhunderts','Die Jahrbiiehn fiir und Statistik, r75 (1963); K-G. Krauter, Manufakturen im Prussian German states in general. For a discussion of the growing volume of state WtrrtternbergWtrrttemberg und ihre F6rderune durch die wirttembergische I regulation of everyday life in Wurttemberg see ibid. 248-5r, and Sabean' Propm)' zweiten Hilfte des r8.Jahrhunderts', Ph.D. dissertation (Tirbi 42-2,46,48,69, rr4, 166, r87, 428-3r. r

SHEILAGH OGILVIE The State in Germany 2()r 'western' tinguishing it both from the model we know own advantage.to'There is even evidence that Prussian sub' France and Spain and from the more feudal and mili iects themselves appealed to Imperial courts and commis- one we are told to associate with Prussia and Austria. At lrions.tonFor almost all other German territories, appeals to centre, there was a considerable measure of political the emperor by both prince and subjects (aswell as by neigh- mate, arising from Wurttemberg's embeddedness wi bouring princes) were significant and frequent occurrences lmperial institutions. In the localities, corporate grou which often resolved internal conflicts and prevented unilat- guilds, town and village communities, and the dn?, itself eral actions by states, even within their own territories. formed the fundamental building-blocks of society The second distinctive characteristic of Wurttemberg administration. The interaction between these special and similar statesresided in the intemal constraints on the tures of central and local government shaped the qrowth of government. Traditional historiography, in Ger- "muny of the state in territories such as W{rrttemberg. In ut least, has concentrated almost exclusively on parlia- 'German territories of the second rank', where (unlike i ments as the sole constraint on the growth of the state.'" Wurttemberg) the seigneurial systemconsisted of landl Wurttemberg itself has been the best-known example of this, other than the prince and the Church, the powers of perhaps mainly because of Charles James Fox's famous landlords to regulate many aspects of ordinary lifi iemark, that there were only two constitgtions in Europe, marriage, settlement, inheritance, land sales, mar that of Britain and that of Wurttemberg.''o But there were added another element to the mosaic of local other powerful institutions and social groups in early mod- privileges, but did not essentially alter the corporate syste ern societies,in addition to parliaments, which the state had The combination of Imperial entanglement at the cen to include in its calculations, through either coercion or and corporatism in the localities forced the local burea co-operation. Indeed, often the strength of parliaments de- racy of the prince to seek co-operation with local comm rived, wholly or partly, from the strength of these lessvisible, ties, guilds, and landlords, rather than suppressing them. often local, institutions. In Wurttemberg and many of the return for corporate co-operation with (and enfo other secondary German territories, the state had to pay of) state regulations, the prince's bureaucrats agreed to closeattention to the powers of local groups and institutions, force corporate privileges. In states such as Wurttemb and placate them with a large share of power and spoils from therefore, bureaucratic government and corporate privi the expansion of government. It is not possible to under- strengthened one another, rather than competing, stand the German state without taking into account its sym- in turn this symbiosis gave rise to a peculiar density biosis with this corporative systemof local interest groups. thoroughness of local economic and social The attempt to assimilate German history to that either of regulation. 'western' \4lhat wider implications for the growth of the nation-states such as France and England or of 'feudal' 'military' state can be drawn from the Wirrttemberg example? In and statessuch as Austria and Prussia has 'corporative' important respects, the growth of the state in Wirrttemt led us to neglect what I have called the strand and perhaps also in other German territories of the in German social development. This strand is more clearly rank, differed from that in Prussia and Austria. as well manifested in German territories of the second rank, from nation-states such as England and France. 'nt First, German territories were embedded in a larger set See, for instance, the example discussed in Walker, Gennnn Homz Towns, gt. political institutions, those of the Empire, which had extenrl "" Hug.r, 'seventeenth{entury Crisis in Brandenburg'. "" Carsten, PrincesarulParham,ents,P.Blickle, LandschafimirnaltenReici (Munich, sive rights of intervention within German states. Although tn;p';""., 'The Prussia made itself increasingly independent of Imperial Statesof wirtemberg', Etti.nburghReuiat, zg(r8r8), 3g7-63, at pressures, it still often made use of Imperial institutions to it$ 34(). 7

SHEILAGH OGILVIE

although there is evidence suggesting that it also endu behind the faEade of centralized Prussian absolutism. Th neglect of corporatism is the more surprising when o B considers the attention drawn, in international comparisons; to the distinctively corporative nature of German industriali Government and Administration zation and politics in the nineteenth and twentieth ce ries. The pattern of state formation which we see in early Evervdav Politics in the modern Wurttemberg, based on the co-operation between Holy Roman Empire local corporate groups and the bureaucracy, and sustained by support from Imperial institutions, may thus also provide Cgnrsror Drppnn a fruitful point of departure in explaining Germany's subse- quent development.

Scholarsgenerally agree that of all the administrative systems found in the ancienr6$me, the German was the most efficient' Britain is regarded as a state that managed without a modern apparatus at all far into the nineteenth cen- administrative 'punish- tury. The French Revolution is seen as France's ment' for its deficiencies on this front, and Italy developed a functioning state apparatus only in its Habsburg possessions. The German territories, tly contrast, are considered to have been extremely well governed. This, it is often argued, saved them from falling under foreign rule, and allowed them to avoid corruption, dangerous unrest, and other unpleasant exoeriences. ln order to reveal these views for what they are, namely a mixture of truth and prejudice, we would need to consider the circumstances under which they arose' But as that is not the subject of this essay,I shall limit myself to a few brief remarks. What really distinguished Germany from the other casesmentioned above was, first, the social composition of the bureaucracyl secondly, the contemporary debate about the shte and administration;2 and thirdly, the sheer volume

Translated by Angela Davies, German Historical Institute London. I For prussia, see the excellent study by Eckhart Hellmuth, Natunechtsphilosophie und ltiirokratischerWerthorizont: Studien zur przufischen Geistes-und Smialgeschichtudes t 8.Jnhrh u ndnlt (Gotringen, r g85). '"Zwi biirgerlichen Bafscha a.d .forn Caiber (eds.), Von d.sr sttindischen zur Gesellschafl:Potitisch-soziik Theorienin Dzutschktnd in dn z. Htilfte des r B.Jahrhunderts (Frankfurt, r98r) contains extracts from sources.It does not include social theory in toclay's senie, for reasons which will be discussed in Section V of this essay.