Thus, in all their manifold branches, Literature, Art and Science owe Maximilian a deep debt of gratitude. He worthily led the great onward movement of his day, devoting himself to its cause with whole-hearted service. He guided and controlled it up to the very threshold of that mighty Revolution, in which "a solitary monk" was destined to shake the world; and on the threshold it was but fitting that he should leave its direction to others. His little foibles and conceits vanish, in view of the great fact that he had nobly performed his duty in the march of time; and it would indeed have been a cruel mockery of fate, had he been left to see his ideals shattered and falsified, the world of his conception renovated and transformed, while he himself, too old in years and too passionate in conviction to remain leader of the van, dropped backward amid the indistinguishable throng.
Though Maximilian was wholly out of sympathy with the principles which guided Luther, and would probably have opposed him had he lived, yet it maybe said that indirectly the Reformation owes something to him. The earlier stages of the German Renaissance were dominated by a strong theological bias, and it was only gradually that the prevailing idea was dispelled, that a student or literary man must belong to the spiritual order. The revival of the study of Greek and Hebrew strengthened the element of criticism; and with criticism of theology came criticism of history, and a desire to dispel the mists which had gathered round the great past of Germany, and to kindle the growing national spirit by a closer knowledge of the glorious deeds of men's ancestors. This patriotic movement, which no one did more to foster and encourage than Maximilian, soon brought the passionate upholders of Germany into collision with foreign sentiment. The opposition to Italy and to Rome, which was mainly due to the degradation of the Papacy and its practice of draining German resources for purely Italian ends, was regarded with favour by Maximilian, though his policy was possibly dictated by secular considerations. Wimpheling's attack on Papal abuses in Germany, written at Maximilian's command, is the most outspoken defiance of Rome prior to the appearance of Luther. But while Maximilian possessed that deep national enthusiasm which was one of the leading inspirations of Luther's career, he had none of the Reformer's profound criticism and self-depreciation, and was too much a man of action to take any deep interest in questions of theology.
We cannot pass to a final estimate of Maximilian's character and policy without some mention of the wonderful monument in the Hofkirche at Innsbruck. The Church itself was erected in compliance with thewill of Maximilian, but owing to the loss of the original plans, the whole work was not completed till the year 1583. In the centre of the nave stands a massive marble sarcophagus, which supports the kneeling figure of Maximilian, surrounded by the four cardinal virtues. On the sides of the sarcophagus are twenty-four exquisite marble reliefs, representing the principal events of the Emperor's life, all but four of which were executed by Alexander Colins of Mechlin, the architect of the famous Otto-Heinrichsbau in Heidelberg Castle. Many of the reliefs are especially interesting for the careful studies of faces; those of Maximilian's meetings with his daughter Margaret and with Henry VIII. contain striking portraits of the Emperor. But the unique feature of this famous memorial is the long line of bronze figures which extend round the nave, the silent witnesses of the vanished grandeur of the Holy Roman Empire. All the great rulers of the House of Hapsburg here watch over what should have held the mortal remains of their gallant descendant; while the gentle Mary and her children take their places in the silent pageant. But amid all the throng two figures stand out conspicuously. Maximilian had wished that the heroes of his early dreams should share the long vigil over his grave; and the magic power of Peter Vischer, the great Nuremberg craftsman, has given the touch of life and genius to the figures of Theodoric and Arthur. Fitting indeed it was that the personality of the champion of the Table Round should be made to rise before us. Arthur, the great type of all that was best and noblest in mediaeval chivalry, and Maximilian, the last worthy representative of a worn-out order and a subverted code of honour, are thus indissolubly linkedtogether in our imaginations; and as we turn away from the empty tomb and its spellbound watchers, we can realize something of the glamour and romance of the Imperial dreamer's life.
[96] Quoted, Geiger,Renaissance und Humanismus, page 345.
[96a] The only two possible exceptions to this assertion, Joachim of Brandenburg, who founded the University of Frankfurt-on-Oder, and Eitelwolf von Stein, who introduced Hutten to the Court of Mainz.
[97] See Geiger, p. 360.
[98] An educational movement was set in motion at Deventer by the Brethren of the Common Life, headed by Gerhard Groot, and later by Radewins. The chief of many brilliant pupils were Cardinal Nicholas of Cusa, Rudolph Agricola, and Alexander Hegius. Among its offshoots was the School of Schletstadt in Alsace, whence Wimpheling came.
[99]Defensio theologiae contra turpem libellum Philomusi.
[100] See letter of Wimpheling to Brant, quoted by Schmidt,Histoire Litteraire de l'Alsace, i., page 31.
[101] Quoted, Geiger, page 364.
[102] See Prof. Ulmann,Studie über Maximilians I Plan einer deutschen Kirchenreform in1510—in Briegers Zeitschrift für Kirchengeschichte, vol. iii.
[103] Creighton, vi., page 13.
[104] Janssen, i., p. 304. The English translation of Alexander Barclay, published in 1508, is a favourite with collectors of rare editions.
[105] "A prince can mak' a belted knight A marquis, duke an' a' that;But an honest man's aboon his might—Guid faith, he mauna fa' that."—Burns.
Compare also—
"Ferre lo Sole il fango tutto il giorno;Vile riman, nè il Sol perde calore.Dice uomo altier, 'Gentil per schiatta torno';Lui sembro al fango, al Sol gentil valore."—Guido Guinicelli.
[106]Elegiaca exhortatio contra perfldos et sacrilegos Flamingos—quoted Schmidt, i., p. 283.
[107] Quoted, Schmidt, i. 261.
[108]Varia Carmina.—Brant.
[109] One of the trade routes from Venice and the East was through Innsbruck direct to Augsburg.
[110] The great houses of Fugger and Welser had connexions throughout Europe.
[111] 1500, 1510, 1518.
[112] The following list of his visits does not profess to be complete—1491, 1502, 1504, March 1508, February to May and June to July 1510, March to April, and May 1513, March 1514, January 1515, January 1516, January and July 1517, July 1518.
[113] See Theodor Herberger,Conrad Peutinger in seinem Verhältniss zum Kaiser Maximilian I.
[114]Romanae vetustatis fragmenta in Augusta Vindelicorum et eius Diocesi.
[115] His chief publications were: (1)Historia horarum Canonicarum de S. Hieronymo(1512). (2)Jornandes, De rebus Gothorum(1515). (3)Paulus Diaconus forojuliensis, de gestis Langobardorum(1515). (4)Chronicon Abbatis Urspergensis a Nino Rege Assyriorum magno usque ad Fridericum II. Rom. Imperatorem(1515). (5) New edition of Macrobius,De Somno Scipionis. He also wrote himself—Sermones convivales de finibus Germaniae contra Gallos, andGermania ex variis scriptoribus perbrevis explicatio.
[116] C. Headlam,Nuremberg, p. 60.
[117] It is not, I think, pedantic nor beside the mark, to compare the words of Pirkheimer and Zola—"Ich werde nie Verschweigenswertes enthüllen, denn die Wahrheit, die nur zeitweise bedrückt, aber niemals unterdrückt werden kann, wird sich selbst offenbaren" (fromDer gehobelte Eck); and "La vérité est en avance, et rien ne l'arrêtera!" (open letter on Dreyfus).
[118] "Alle begehrenden und wirkenden Kräfte des Gemüthes können eines jeglichen Dinges, wie nützlich und lustbar das immer erscheinen mag, von täglicher Übung vielem und überflüssigem Gebrauche befriedigt, erfüllet und zuletzt verdriesslich werden, allein die Begierde viel zu wissen; die da einem Jeglichen von Natur eingepflanzet ist, die ist gegen solche Ersättigung gefeiert und aller Verdriesslichkeit ganz und gar nicht unterworfen"—quoted from Dürer, in Geiger,Renaissance und Humanismus, p. 384.
[119] Beck only did seven. (Total 137.)
[120] SeeAlbert Dürer, by Wm. Bell Scott, p. 67.
[121] Quoted, Scott'sDürer, p. 69.
[122] Headlam,Story of Nuremberg, p. 73.
[123] Maximilian also appears in Dürer's beautiful picture, "Das Rosenkranzfest," now at Prague. The Blessed Virgin enthroned in the centre gently lays a crown upon the head of Maximilian, who kneels sideways, with clasped hands, to her left.
[124] Six more were printed by Lucas Cranach.
[125] See Joseph von Aschbach,Geschichte der Wiener Universitat, 2 vols.
[126] At the instance of Innocent VIII.
[127] Aschbach, xi. 65.
[128] They were as follows: Velocianus, 1508; Joachim v. Watt (Vadianus), 1514; Janus Hadelius, 1515; Rudolfus Agricola (the younger), 1516.
[129] The former he unearthed in the monastery of St. Emmeran at Augsburg, and edited in 1501; the latter was found in the Franconian monastery of Ebrach, and printed in Augsburg in 1507. See Wattenbach,Deutschlands Geschichtsquellen, i. 1-6. On Celtes, see A. Horawitz,Zur Geschichte des deutschen Humanismus, article inZeitschrift für deutsche Kulturgeschichte, 1875.
[130]Script. Univ. Vienn.ii. 32, quoted Aschbach.
[131] Ovid, the hymns of Aurelius Prudentius, a Christian poet, andPeriegesisby Dionysius of Alexandria.
[132] From Julius Caesar up to the death of Maximilian.
[133] Janssen, i. 256-8.
[134] SeeJahrbuch det Kunsthistorischen Sammlung des ah. Kaiserhauses, vol. vi.containingWeisskunig.
[135] Bibliography of Maximilian—"Die Bücher die Kaeyser Max selbst macht—Grab, Ehren, Weise Künig, Teuerdanck, Freydanck, Triumph Wagen, Stamm Cronick, der Stamm, Artalerey; die sieben Lust-Gezirck, Wappen-Buch, Stall-Buch, Joegerey, Valcknerey, Kücherey, Kellnerey, Fischerey, Goertnerey, Baumeisterey, Moralitoet, Andacht St. Jürgen. Nec ullus eorum hactenus impressus est, praeterquam is qui inscribitur der Theuerdanck." Quoted in "Notice sur Max. I."; in Le Glay,Correspondence, vol. ii.
[136] Janssen, i. 592.
[137] See a most interesting article in theMonthly Review, February 1901, "An Emperor's Sporting Chronicle," by W. Baillie Grohman. Perhaps even more extraordinary than these instances is the letter to his daughter Margaret (Dec. 22, 1510). He desires her to make three requests of Henry VIII.—first, for 2,000 archers for Maximilian's expedition to Rome; second, for pardon for the Duke of Suffolk; andthird, for "deux beaux doghes femelles et ung masle," for the Duke of Würtemberg—Le Glay, i., letter 269. Earlier in the same year (February 1510), he expresses his delight at the eager way in which his young grandson Charles is taking to the chase, and adds, "otherwise one might deem him a bastard."
The wideness of Maximilian's interests, and the variety of spheres in which those interests led him to take a part, enhance the difficulty of estimating or defining his character as a whole, and each different attitude demands discussion before any general conclusion can be drawn. His political career, however, despite all its intrigues and complications, is comparatively easy to estimate; for his persistence in controlling his own policy and his dislike of associates and confidants throw the entire responsibility of any given action upon the Emperor's own shoulders. His retentive memory and tireless energy aided him in what would otherwise have been a hopeless effort. "He seldom or never," writes the Venetian ambassador in 1496, "discusses with any one what he has in hand or does, especially in important matters."[138] He was in the habit of dictating to his secretaries late into the night, and often drew up important documents with his own hands; while even during his meals, and in the midst of his hunting expeditions, he dictated dispatches or gave instructions to his councillors. For his credit as a politician this monopolizing spirit was most unfortunate. His secrecy kept his councillors and ambassadors ever in the dark, and rendered a firm attitude on their part almost impossible. His over-confidence, both in his own capacityand in the honesty of others, received many a rude shock, and often made him the dupe of his intellectual inferiors. Machiavelli tells us the opinion of an intimate friend of the Emperor, "that anyone could cheat him without his knowing it."[139] His condemnation as a bungler by the Florentine statesman has been used as an argument in Maximilian's favour; but the only possible inference is that in affairs of state the Emperor's morals had not suffered so complete an eclipse as those of his rivals, while his statecraft was based upon a neglect of sound political principles. But even more prominent than the self-centred nature of his policy are two fatal weaknesses in his character, which account for most of his failures and disappointments—his want of perseverance and his open-handedness. The whole history of his reign is an illustration of the inconstancy with which he flitted from scheme to scheme, never allowing the timenecessary for a successful issue; and the disastrous consequences of this habit were only accentuated by the fact that he remained a law unto himself, self-deprived of all moderating influences. It was this fickle and over-sanguine disposition which caused Louis XII. to exclaim, "What this King says at night, he does not hold to the next morning."[140] The criticism of Ferdinand V. is perhaps even more apposite—"If Maximilian thinks of a thing, he also believes that it is already done."[141] Without duly considering the means at his disposal, he stormed impetuously towards an end which was obviously unattainable under the circumstances, and, to make matters worse, he had already lost all interest in the project before there was even a prospect of its being crowned with success. In other cases, his inventive intellect showed him two or three ways towards the same goal, with the result that he either pursued all at once, or, confining himself to one only, soon changed his mind and adopted a course which he regarded as safer. "And so," writes Quirini, "he springs from one decision to another, till time and opportunity are past ... and thus he wins from all men a light enough reputation."[142] But perhaps the greatest weakness of Maximilian's administration was faulty finance. It is true that the resources at his disposal were wholly inadequate, whether in the Empire or in his own dominions. Yet his own unpractical and visionary nature prevented him from making the best of such means as he possessed, and drew him into quite a needless amount of money difficulties. He had absolutely no conceptionof the meaning of economy, and, deeming it an unkingly trait, gave with both hands to his servants and his friends, and laid no proper check upon his household expenses. The fact that he spent but little upon himself, and that his personal requirements were frugal in the extreme, while it speaks well for the generosity of his nature, cannot affect our estimate of his financial incapacity. Indeed, such were his extravagance and his penury, that the Venetian ambassador was induced to exclaim: "For a ducat he can be won for anything."[143] And truly, the fact that he actually served Venice and Milan, and in later years England, for hire, after the manner of an Italian condottiere, justifies the severe exaggeration of this remark. His liberal patronage of Art and Science, and the magnificence of the Court entertainments, must have contributed in some degree to his popularity among contemporaries; but his ruinous method of raising supplies in his own dominions really transferred the burden of his endless undertakings to the shoulders of the next generation.[144]
As Emperor, Maximilian has been severely censured for subordinating the Imperial to the territorial ideal, and for furthering Hapsburg ambitions at the expense of Germany as a whole. But a survey of his youth and early training at once helps to explain this policy and proves it to have been inevitable. Such a path had been mapped out for him by his father's motto, A.E.I.O.U., and Frederick's own impotence to achieve its aspirations only served to impressit more firmly upon the youthful Maximilian. And indeed there is much truth in his idea, that the building up of a strong hereditary State was the surest road towards an imposing position in the Empire. While the personal defects of Maximilian, which have already been discussed, are largely responsible for the comparative ineffectiveness of his Imperial policy, yet the chief cause of all was inherent in the constitution of the Empire. It can hardly be doubted but that an Emperor far more powerful than Maximilian ever was would have failed to combine the many conflicting elements into a central Government capable of strong and united action. "Constitution, Law, order in the State were everywhere forcing themselves out of the perverted forms of the Middle Ages into more perfect models." But as yet confusion and impotence held sway, and the broad principles of reform were obscured from Maximilian's eyes by a perplexing array of minor questions. Feudalism had long been in decay, and the efforts of rulers in every State were directed towards extending their authority and bringing the nobles and the towns into greater dependence upon the throne. But the permanent taxation and the standing army which made the attainment of this end possible to the French kings, and through which France became for a number of years the first military power of Europe, were denied to Maximilian by the peculiar circumstances of the Empire. Not even in his hereditary lands, still less elsewhere, was there any regular system of "aids" for the sovereign's support; and Maximilian had to wage his wars, either with militia, who were ever slow to assemble and prompt to disband, whose discipline was not beyondreproach, and who were not liable to serve outside their own territory, or with mercenaries, whose maintenance involved an expense which the absence of regular taxation made it difficult to meet. Apart from the revenues of Crown lands and the deeply mortgaged mines and tolls, he could raise no contributions without the Diet's consent; and as a rule each Estate vied with the others in resolutely setting aside all considerations of patriotism and maintaining the tightest hold upon their purse-strings. They showed no sympathy with Maximilian's aims and interests; while the Emperor lacked the power to enforce his wishes upon them. Such circumstances would almost justify his policy of retaliation by obstructing the Diet's efforts towards reform. But in any case he can hardly be blamed for falling back upon a strictly Austrian policy and using his Imperial office to further Hapsburg interests.
Whenever the Emperor's political action is deserving of praise, the House of Hapsburg rather than the Empire will be found to have reaped the benefit. His enthusiastic belief in the future greatness of his House was the guiding star of his whole life, and encouraged him to consolidate his dominions internally, and thus, as he hoped, to fit them to become the central point of a world-wide empire. Besides the introduction of Roman law, for which he was mainly responsible, he thoroughly reorganized the administration of the Austrian Duchies. The revenues had become insufficient for the execution of his princely duties, especially in time of war; and Maximilian set himself to introduce into the country the same methods of Government which he employed in the Netherlands. He replaced the old feudal survivalsin the State by a modern officialdom, which gradually paralyzed the opposition of the Estates, and from which certain individuals exercised a permanent control over the government during his own absence. Meanwhile it was his Hapsburg and territorial ambitions which prompted him to reassert the Imperial authority in Italy, and which were partly responsible for his eagerness to recover Croatia and Southern Hungary from the hands of the Turks. Above all, it was these ambitions that inspired him in his endless projects of alliances and marriages—projects which secured for his descendants the glorious inheritance of Spain, the two Sicilies and the New World, and the Kingdoms of Bohemia and Hungary.
Passing from his public to his private life, we may reasonably assert that Maximilian, while far from spotless, compares favourably with the Princes of his time. The excesses of Charles VIII., the luxurious vice of Louis XII., the barbaric licentiousness of Francis I., and again the unrestrained passions of Henry VIII., and Ferdinand V.'s frank disavowal of morality—all these traits are happily wanting in Maximilian's life. He seems to have loved the gracious Mary faithfully and tenderly, and it is said that, to the day of his death, any mention of her name drew from him a deep sigh of remembrance. But for her untimely death he might have resisted the fierce temptations of his royal position. He had at least eight natural children, of whom two only are known to history—George, Bishop of Brixen, who eventually became Prince Bishop of Liège, and a daughter, who perished with her husband, the Count of Helfenstein, in the Peasants' Revolt of 1525. It cannot be maintained that Maximilian's secondmarriage was a love-match; yet there is reason to believe that, though he paid little attention to the unfortunate Bianca Maria, he at least remained faithful to her.
Though his table was always magnificently served, he himself was extremely temperate, both in food and drink. Indeed, his strong detestation of drunkenness forms a pleasant contrast to the opinions and practice of his courtiers and even of the great princes of the Empire. His moderation and healthy diet gave added strength to a frame which was naturally robust and untiring. He could endure with ease the extremes of heat and cold, prolonged journeys and want of sleep, and even privations in food and drink. His strong constitution was united to a pleasing countenance, which seldom failed to prepossess in his favour. A prominent nose and well-defined features, together with the lightning glances of his eye, imparted to him a searching look, which seemed to pierce through men and read their very souls. Withal, he was fully endowed with that genial and gracious manner which veils its condescension under a mingling of good humour and perfect tactfulness. In conversation he exercised a fascination which was not without its effect even upon his sternest opponents; while the whole-hearted and friendly spirit with which he threw himself into the amusements and sports of the common people won for him an even wider respect and love than his passion for the chase and his intimate relations with the Tyrolese mountaineers. He frequently took his place in a village dance, or competed with the peasants in their shooting matches; and he recommended the chase to his descendants not merely for those delights which none knew better than himself, but also because of the opportunities which itoffered to princes of coming into contact with their subjects, of learning their wishes and helping them in their difficulties. His fresh joyous nature showed itself in a thousand little touches, but perhaps in none more vividly than in his ardent love of music and in the delight which he took in the presence of singing-birds in the palace of Innsbruck. Thus whether fraternizing with the peasants of his beloved Tyrol, clad in a hunting suit of simple grey, or affably conversing with the burghers and ladies of Frankfort or Augsburg, he awoke in all hearts an involuntary feeling of admiration.
Before all, Maximilian was a German of the Germans. As he was the last representative of the dying mediaeval chivalry, and the last monarch of the ancient German stamp, so also he was the first German patriot-king of modern times; and herein lies the secret of the love and admiration which his contemporaries poured so fully upon him. The proud and royal motto to which he gave utterance, "My honour is German honour, and German honour mine," graphically reminds us that he identified himself with the joys and sorrows, the glories and the failures of the German race. It is neglect of this fact, and want of sympathy with German thought and ideals, that are responsible for the indiscriminating criticisms of several modern historians—criticisms which would often be bestowed with greater justice upon the constitution of the Empire than upon the Emperor himself. And the motto has been realized in a further sense. For the feeling of Germany, turning from the weaknesses and failures which mar the fullness of Maximilian's glory, has reciprocated the loyalty which he expressed towards his people, andhas elevated the chivalrous Emperor into one of the national heroes, worthy to rank with Hermann and Barbarossa. For Maximilian, in no uncertain sense, personified the dreams, the aspirations, the strugglings of the Fatherland. The nation, chastened and revivified by a new birth of patriotism, sought an object on whom to fix its affections and its hopes. It turned naturally to the Emperor, the heir of so many splendid traditions, and it was met on his side by the ardent devotion of a whole lifetime. In a word, he and his people had realized—incompletely it may be, yet in a very genuine sense—the true relations of a monarch and his subjects, and, linked to one another by ties of mutual sympathy, handed down the happy tradition as an example to their remote posterity. "Kaiser Max" (as his people fondly called him) was not a great man, in the strictest sense of the word; yet all lovers of large-hearted and human characters must ever treasure his memory in their hearts.
And here let us take our leave of Maximilian, in the kindly words of a contemporary—
Du hattest wenig ru in dysem leben,Darumb dir Got yetz ewig freud hat geben.
Here upon earth small rest to thee was given,Now God hath granted thee the joy of Heaven.
[138]Archivio Storico Ital.vii. 2. 763, quoted Ulmann, i. 196.
[139] Opere iv. 174. See also dissertation by Rösemeier,Machiavelli's Erste Legation zum K. Maximilian I., mid seine drei Schriften über Deutschland. In the main, Machiavelli blames Maximilian, 1st, for his openhandedness; and, as undecided, credulous, and all the more dependent on others, in that he tries not to be. But he qualifies his strictures by saying, "the Emperor is a great general; he bears fatigue like the most hardened soldiers; he is brave in danger and just in governing. When he grants an audience, he is patient and gracious, and is a pattern of many princely virtues." Vettori is not quite so severe—"none can deny," he says, "that he (Max) is wise and circumspect, skilful and untiring in war, and widely experienced. He possesses the confidence of the nation more than any of his predecessors for more than a hundred years; but he is so amiable and kind-hearted, that it makes him yielding and credulous"—quoted Janssen, i. 595. Ludovico Ticiano is less critical when he declares, that "on no general can the soldier rely more implicitly, from none can he expect more boldness in the courting of perils and more skill in meeting them; nor can the burgher wish for any juster or milder prince, or one in whom justness and mildness are so equally poised"—quoted Geiger, p. 346.
[140] See Ulmann, i. 200.
[141] Despatch of Cornero to Venice, 1508—quoted Huber, iii. 328.
[142] Albèri,Relazioni degli Ambasciatori Veneti, Serie I., vi. 27.
[143] See Prof. E. Heyck,Maximilian I., in the wellknown German series of ideal illustrated monographs.
[144] For Maximilian's treatment of Finance, see Ulmann, i. 202, 836-845, and Huber, iii., ch. 6.
APPENDIX I
Though some reference to Maximilian's relations to the question of Imperial Reform was unavoidable, a detailed account must be sought for rather in an authoritative history of Germany than in an essay which centres round an individual. Hence an appendix seems the most fitting place for dealing with the subject.
When Maximilian was elected King of the Romans (1486), it had long been evident that, if a new or reformed constitution was to be secured, the initiative must be taken by the Estates. During the years 1486-89 frequent deliberations took place, with a view to evolving some scheme for strengthening the institutions of the Empire. The leaders of the movement sought especially to impart to the Imperial Diets more regular forms and greater dignity, and to check the resistance to their decrees which was met with in the towns. At the Diet of 1487, the towns, renouncing the policy of obstruction and equivocation which had characterized them throughout the century, were fully represented, and took an active part in the business of the committee which discussed the Landfriede. In 1489 a new stage of development was reached by the Diet, when the three Colleges of Electors, Princes and burghers separated for the first time and conducted their deliberations apart. Their proposal to limit the power of the Imperial Tribunal met with determined opposition from Frederick the Third; and the Estates applied to Maximilian, and obtained from him a promise of the reform of the Kammergericht, or Imperial Chamber. The old Emperor's attitude necessitated a postponement of the question; but on his death in 1493 it was revived with greater urgency than ever. The leading spirit of the whole movement was Berthold of Henneberg, Elector of Mainz, whose patriotism and calm impartiality won the respect of all parties. At the great Diet of Worms, which opened at the end of March 1495, the Estates united in pressing on Maximilian a fulfilment of his promises, and persisted in refusing him all support until he submitted to their demands. The struggle lastedthroughout the summer, Maximilian throwing every obstacle in the way of reform, but finally, on August 7, he signed his agreement to the demands of the Diet. The results of the Diet may be classified under four heads:
1st. The Landfriede was more closely organized, and was made perpetual. No difficulty was experienced over this point, as Maximilian had taken the lead in enforcing the Landfriede at an earlier date.
2nd. The Kammergericht, or Imperial Chamber, was founded, to act as a court of first instance for all direct subjects of the Emperor. Its jurisdiction was, however, limited to cases of prelates, nobles, knights and towns among each other; in the event of complaints against any of the princes or electors, an arbitration was first necessary before the councillors of the accused Prince. The Chamber consisted of a judge, nominated by the Emperor, and sixteen other members, appointed by the Estates, half being of knightly birth, half learned in the law.
Its distinguishing features were:
(a) That it was to sit continuously in the Empire, not following the court, but fixed permanently at Frankfurt-on-Main.
(b) That it could receive appeals from the Landgerichte.
(c) That its members were to receive their salaries out of the fees of the court, though they might be supplemented from the Imperial revenues if these fees proved insufficient.
(d) That the judge acquired the power of proclaiming the ban of the Empire in the sovereign's name.
3rd. A proposal was laid down for yearly meetings of the Estates, with the object of controlling the Imperial expenditure. To this assembly the treasurer was to deliver the money which he received from the taxes, and it was to hold the exclusive power of deciding the expenditure; while neither the Emperor nor his son might declare war without its consent.
"The constitution thus proposed was a mixture of Monarchical and federal Government, but with an obvious preponderance of the latter element; a political union, preserving the forms of the ancient hierarchy of the Empire." But the defective nature of the Diet's composition, and the virtual impossibility of securing a united effort for any length of time, prevented the accomplishment of this scheme.
4th. In return for these concessions on the part of Maximilian, the Diet instituted "The Common Penny" (Der Gemeine Pfennig). This was an attempt at systematic taxation, according to which an impost of half a gulden was levied on every 500 gulden, and amongthe poorer classes every twenty-four people above the age of fifteen contributed one gulden.
The Common Penny was imperfectly organized and soon became merely nominal, as the needy Maximilian often found to his cost; and though it was revived under Charles V., it soon disappeared again after a brief and fitful existence.
The only actions of the Diet of Lindau (1496), the next in succession to that of Worms, were to renew the Common Penny, to transfer the Imperial Chamber from Frankfurt to Worms, and to impose a tax upon the Jews of the chief Imperial towns.
Though Maximilian had at Worms evaded the demand for a Reichs-regiment, or Council of Regency, as too serious a limitation to his prerogative, yet at the Diet of Augsburg (1500) he was obliged to give way even at this point. The Diet gave its sanction to a scheme of military organization, according to which every 400 inhabitants were to provide one foot soldier, the cavalry was to be raised by the Princes and nobles upon a fixed scale, and a tax was imposed on those who could not themselves take any active share. In return for this concession, Maximilian consented to the establishment of a Council of Regency, which, had it preserved the powers which were at first granted to it, would have deprived the Emperor of whatever power he still possessed. It was composed of a President, chosen by the Emperor, one delegate from each of the Electors, six from the Princes conjointly, two from Austria and the Netherlands, and two from the Imperial cities. Its powers were most comprehensive, and included the administration of justice, the maintenance of peace, the defence of the Empire from attack, and, most astounding of all, the control of foreign affairs. It is conceivable that Maximilian might have submitted to the Council's authority, had it displayed becoming moderation. But its first act—the conclusion of peace with France—was so directly contrary to the whole trend of Maximilian's policy, that he was naturally driven into active opposition to its powers. "In 1502 he fell back upon his Imperial right of holding Courts of Justice (Hofgerichte), and erected a standing court or Aulic Council (Hofrath), entirely under his own control." He himself was its president, and its assessors were arbitrarily appointed. This action led to a congress of Electors at Gelnhausen in June 1502, at which they arranged to meet four times a year to deliberate on public affairs, and actually announced the first meeting for the following November, without consulting the Emperor in any way upon the matter. Maximilian was too weak to oppose them, and therefore proclaimed the assembly himself. But the successful issue of the War of Landshut and the death ofBerthold of Mainz greatly strengthened Maximilian's position in the Empire, and proportionately weakened the cause of Reform. Hence the Council of Regency was allowed to die a natural death.
At the Diet of Constance (1507) some progress was again made. In return for a grant of troops and money, Maximilian re-established the Imperial Chamber, which had held no sittings for three years, and a small tax was instituted to pay the salaries of its officials. The Diets of Worms (1509) and Augsburg (1510) were occupied by complaints and abuse, which were wholly without effect. In 1512, however, the Diet of Koln, to which city it had removed from Trier, secured the division of the Empire into six Kreise, or Circles, for administrative and military purposes. The Circles were to be placed under Captains, who were all controlled by a Captain-general, and the organization was to be entrusted to a council of eight, "who were to act as a Privy Council under the Emperor's control." But the jealousy of the Diet refused him the nomination of these Captains, and of the council, with the result that the measure fell through for the time, and did not take effect till 1521, under Charles V.
This was the last serious attempt at Reform during the reign of Maximilian; for the later Diets were mere scenes of confusion and of mutual recrimination. The failure of the reforming movement only served to emphasize the fact that the constitution of the Empire had become an unworkable machine, and that the Empire itself could only be saved from weakness and disorganization by the rise of a strong central monarchy. But this was not to be. Such a contingency, which Maximilian's vast dreams of Austrian world-power had seemed to foreshadow, was rendered impossible by the great spiritual revolution, which filled all minds throughout the reign of Charles V. Several centuries were required to permit the growth of a strong German state out of the chaos of the mediaeval Empire; and it was reserved for the nineteenth century to see a native dynasty restore to Germany the long-lost blessings of consolidation and unity.
The Imperial House of HapsburgThe Imperial House of Hapsburg
The names of battles have their dates in bracketsTr.=Treaty