He who begins to read the history of the Middle Ages is alternately amused and provoked by the seeming absurdities that meet him at every step. He finds writers proclaiming amidst universal assent magnificent theories which no one attempts to carry out. He sees men who are stained with every vice full of sincere devotion to a religion which, even when its doctrines were most obscured, never sullied the purity of its moral teaching. He is disposed to conclude that such people must have been either fools or hypocrites. Yet such a conclusion would be wholly erroneous. Every one knows how little a man's actions conform to the general maxims which he would lay down for himself, and how many things there are which he believes without realizing: believes sufficiently to be influenced, yet not sufficiently to be governed by them. Now in the Middle Ages this perpetual opposition of theory and practice was peculiarly abrupt. Men's impulses were more violent and their conduct more reckless than is often witnessed in modern society; while the absence of a criticizing and measuring spirit made them surrender their minds more unreservedly than they would now do to a complete and imposing theory. Therefore it was, that while everyone believed inthe rights of the Empire as a part of divine truth, no one would yield to them where his own passions or interests interfered. Resistance to God's Vicar might be and indeed was admitted to be a deadly sin, but it was one which nobody hesitated to commit. Hence, in order to give this unbounded imperial prerogative any practical efficiency, it was found necessary to prop it up by the limited but tangible authority of a feudal king. And the one spot in Otto's empire on which feudality had never fixed its grasp, and where therefore he was forced to rule merely as emperor, and not also as king, was that in which he and his successors were never safe from insult and revolt. That spot was his capital. Accordingly an account of what befel the first Saxon emperor in Rome is a not unfitting comment on the theory expounded above, as well as a curious episode in the history of the Apostolic Chair.
Otto the Great in Rome.
After his coronation Otto had returned to North Italy, where the partizans of Berengar and his son Adalbert still maintained themselves in arms. Scarcely was he gone when the restless John the Twelfth, who found too late that in seeking an ally he had given himself a master, renounced his allegiance, opened negotiations with Berengar, and even scrupled not to send envoys pressing the heathen Magyars to invade Germany. The Emperor was soon informed of these plots, as well as of the flagitious life of the pontiff, a youth of twenty-five, the most profligate if not the most guilty of all who have worn the tiara. But he affected to despise them, saying, with a sort of unconscious irony, 'He is a boy, the example of good men may reform him.' When, however, Otto returned with a strong force, he found the city gates shut, and a party within furious against him. John theTwelfth was not only Pope, but as the heir of Alberic, the head of a strong faction among the nobles, and a sort of temporal prince in the city. But neither he nor they had courage enough to stand a siege: John fled into the Campagna to join Adalbert, and Otto entering convoked a synod in St. Peter's. Himself presiding as temporal head of the Church, he began by inquiring into the character and manners of the Pope. At once a tempest of accusations burst forth from the assembled clergy. Liudprand, a credible although a hostile witness, gives us a long list of them:—'Peter, cardinal-priest, rose and witnessed that he had seen the Pope celebrate mass and not himself communicate. John, bishop of Narnia, and John, cardinal-deacon, declared that they had seen him ordain a deacon in a stable, neglecting the proper formalities. They said further that he had defiled by shameless acts of vice the pontifical palace; that he had openly diverted himself with hunting; had put out the eyes of his spiritual father Benedict; had set fire to houses; had girt himself with a sword, and put on a helmet and hauberk. All present, laymen as well as priests, cried out that he had drunk to the devil's health; that in throwing the dice he had invoked the help of Jupiter, Venus, and other demons; that he had celebrated matins at uncanonical hours, and had not fortified himself by making the sign of the cross. After these things the Emperor, who could not speak Latin, since the Romans could not understand his native, that is to say, the Saxon tongue, bade Liudprand bishop of Cremona interpret for him, and adjured the council to declare whether the charges they had brought were true, or sprang only of malice and envy. Then all the clergy and people cried with a loud voice, 'If John the Popehath not committed all the crimes which Benedict the deacon hath read over, and even greater crimes than these, then may the chief of the Apostles, the blessed Peter, who by his word closes heaven to the unworthy and opens it to the just, never absolve us from our sins, but may we be bound by the chain of anathema, and on the last day may we stand on the left hand along with those who have said to the Lord God, "Depart from us, for we will not know Thy ways."'
The solemnity of this answer seems to have satisfied Otto and the council: a letter was despatched to John, couched in respectful terms, recounting the charges brought against him, and asking him to appear to clear himself by his own oath and that of a sufficient number of compurgators. John's reply was short and pithy.
'John the bishop, the servant of the servants of God, to all the bishops. We have heard tell that you wish to set up another Pope: if you do this, by Almighty God I excommunicate you, so that you may not have power to perform mass or to ordain no one[153].'
To this Otto and the synod replied by a letter of humorous expostulation, begging the Pope to reform both his morals and his Latin. But the messenger who bore it could not find John: he had repeated what seems to have been thought his most heinous sin, by going into the country with his bow and arrows; and after a search had been made in vain, the synod resolved to take adecisive step. Otto, who still led their deliberations, demanded the condemnation of the Pope; the assemblyDeposition of John XII.deposed him by acclamation, 'because of his reprobate life,' and having obtained the Emperor's consent, proceeded in an equally hasty manner to raise Leo, the chief secretary and a layman, to the chair of the Apostle.
Otto might seem to have now reached a position loftier and firmer than that of any of his predecessors. Within little more than a year from his arrival in Rome, he had exercised powers greater than those of Charles himself, ordering the dethronement of one pontiff and the installation of another, forcing a reluctant people to bend themselves to his will. The submission involved in his oath to protect the Holy See was more than compensated by the oath of allegiance to his crown which the Pope and the Romans had taken, and by their solemn engagement not to elect nor ordain any future pontiff without the Emperor's consent[154]. But he had yet to learn what this obedience and these oaths were worth. The Romans had eagerly joined in the expulsion of John; they soon began to regret him. They were mortified to see their streets filled by a foreign soldiery, the habitual licence of their manners sternly repressed, their most cherished privilege, the right of choosing the universal bishop, grasped by the strong hand of a master who used it for purposes in which they did not sympathize. In a fickle and turbulent people, disaffection quickly turned to rebellion. One night, Otto's troops being most of themRevolt of the Romans.dispersed in their quarters at a distance, the Romans rose in arms, blocked up the Tiber bridges, and fell furiously upon the Emperor and his creature the new Pope. Superior valour and constancy triumphed over numbers, and the Romans were overthrown with terrible slaughter; yet this lesson did not prevent them from revolting a second time, after Otto's departure in pursuit of Adalbert. John the Twelfth returned to the city, and when his pontifical career was speedily closed by the sword of an injured husband[155], the people chose a new Pope in defiance of the Emperor and his nominee. Otto again subdued and again forgave them, but when they rebelled for a third time, inA.D.966, he resolved to shew them what imperial supremacy meant. Thirteen leaders, among them the twelve tribunes, were executed, the consuls were banished, republican forms entirely suppressed, the government of the city entrusted to Pope Leo as viceroy. He, too, must not presume on the sacredness of his person to set up any claims to independence. Otto regarded the pontiff as no more than the first of his subjects, the creature of his own will, the depositary of an authority which must be exercised according to the discretion of his sovereign. The citizens yielded to the Emperor an absolute veto on papal elections inA.D.963. Otto obtained from his nominee, Leo VIII, a confirmation of this privilege, which it was afterwards supposed that Hadrian I had granted to Charles, in a decree which may yet be read in the collectionsof the canon law[156]. The vigorous exercise of such a power might be expected to reform as well as to restrain the apostolic see; and it was for this purpose, and in noble honesty, that the Teutonic sovereigns employed it. But the fortunes of Otto in the city are a type of those which his successors were destined to experience. Notwithstanding their clear rights and the momentary enthusiasm with which they were greeted in Rome, not all the efforts of Emperor after Emperor could gain any firm hold on the capital they were so proud of. Visiting it only once or twice in their reigns, they must be supported among a fickle populace by a large army of strangers, which melted away with terrible rapidity under the sun of Italy amid the deadly hollows of the Campagna[157]. Rome soon resumed her turbulent independence.
Otto's rule in Italy.
Causes partly the same prevented the Saxon princes from gaining a firm footing throughout Italy. Since Charles the Bald had bartered away for the crown all that made it worth having, no Emperor had exercised substantial authority there. Themissi dominicihad ceased to traverse the country; the local governors had thrown off control, a crowd of petty potentates had established principalities by aggressions on their weaker neighbours. Only in the dominions of great nobles, like the marquises of Tuscany and Spoleto, and in some of the cities where the supremacy of the bishop was pavingthe way for a republican system, could traces of political order be found, or the arts of peace flourish. Otto, who, though he came as a conqueror, ruled legitimately as Italian king, found his feudal vassals less submissive than in Germany. While actually present he succeeded by progresses and edicts, and stern justice, in doing something to still the turmoil; on his departure Italy relapsed into that disorganization for which her natural features are not less answerable than the mixture of her races. Yet it was at this era, when the confusion was wildest, that there appeared the first rudiments of an Italian nationality, based partly on geographical position, partly on the use of a common language and the slow growth of peculiar customs and modes of thought. But though already jealous of the Tedescan, national feeling was still very far from disputing his sway. Pope, princes, and cities bowed to Otto as king and Emperor; nor did he bethink himself of crushing while it was weak a sentiment whose development threatened the existence of his empire. Holding Italy equally for his own with Germany, and ruling both on the same principles, he was content to keep it a separate kingdom, neither changing its institutions nor sending Saxons, as Charles had sent Franks, to represent his government[158].
Otto's foreign policy.
The lofty claims which Otto acquired with the Roman crown urged him to resume the plans of foreign conquest which had lain neglected since the days of Charles: the growing vigour of the Teutonic people, now definitely separating themselves from surrounding races (this is the era of the Marks—Brandenburg, Meissen, Schleswig), placed in his hands a force to execute those plans whichhis predecessors had wanted. In this, as in his other enterprises, the great Emperor was active, wise, successful. Retaining the extreme south of Italy, and unwilling to confess the loss of Rome, the Greeks had not ceased to annoy her German masters by intrigue, and might now, under the vigorous leadership of Nicephorus and Tzimiskes, hope again to menace them in arms. Policy, and the fascination which an ostentatiously legitimate court exercised over the Saxon stranger, madeTowards Byzantium.Otto, as Napoleon wooed Maria Louisa, seek for his heir the hand of the princess Theophano. Liudprand's account of his embassy represents in an amusing manner the rival pretensions of the old and new Empires[159]. The Greeks, who fancied that with the name they preserved the character and rights of Rome, held it almost as absurd as it was wicked that a Frank should insult their prerogative by reigning in Italy as Emperor. They refused him that title altogether; and when the Pope had, in a letter addressed 'Imperatori Græcorum,' asked Nicephorus to gratify the wishes of the Emperor of the Romans, the Eastern was furious. 'You are no Romans,' said he, 'but wretched Lombards: what means this insolent Pope? with Constantine all Rome migrated hither.' The wily bishop appeased him by abusing the Romans, while he insinuated that Byzantium could lay no claim to their name, and proceeded to vindicate the Francia and Saxonia of his master. '"Roman" is the most contemptuous name we can use—it conveys the reproach of every vice, cowardice, falsehood, avarice. But what can be expected from the descendants of the fratricide Romulus? to his asylum were gathered the offscourings of the nations: thence came theseκοσμοκράτορες.'Nicephorus demanded the 'theme' or province of Rome as the price of compliance[160]; Tzimiskes was more moderate, and Theophano became the bride of Otto II.
Towards the West Franks.
Holding the two capitals of Charles the Great, Otto might vindicate the suzerainty over the West Frankish kingdom which it had been meant that the imperial title should carry with it. Arnulf had asserted it by making Eudes, the first Capetian king, receive the crown as his feudatory: Henry the Fowler had been less successful. Otto pursued the same course, intriguing with the discontented nobles of Louis d'Outremer, and receiving their fealty as Superior of Roman Gaul. These pretensions, however, could have been made effective only by arms, and the feudal militia of the tenth century was no such instrument of conquest as the hosts of Clovis and Charles had been. The star of the Carolingian of Laon was paling before the rising greatness of the Parisian Capets: a Romano-Keltic nation had formed itself, distinct in tongue from the Franks, whom it was fast absorbing, and still less willing to submit to a Saxon stranger. Modern France[161]dates from the accession of Hugh Capet,A.D.987, and the claims of the Roman Empire were never afterwards formally admitted.
Lorraine and Burgundy.
Of that France, however, Aquitaine was virtually independent.Lotharingia and Burgundy belonged to it as little as did England. The former of these kingdoms had adhered to the West Frankish king, Charles the Simple, against the East Frankish Conrad: but now, as mostly German in blood and speech, threw itself into the arms of Otto, and was thenceforth an integral part of the Empire. Burgundy, a separate kingdom, had, by seeking from Charles the Fat a ratification of Boso's election, by admitting, in the person of Rudolf the first Transjurane king, the feudal superiority of Arnulf, acknowledged itself to be dependent on the German crown. Otto governed it for thirty years, nominally as the guardian of the young king Conrad (son of Rudolf II).
Denmark and the Slaves.
England.
Otto's conquests to the North and East approved him a worthy successor of the first Emperor. He penetrated far into Jutland, annexed Schleswig, made Harold the Blue-toothed his vassal. The Slavic tribes were obliged to submit, to follow the German host in war, to allow the free preaching of the Gospel in their borders. The Hungarians he forced to forsake their nomad life, and delivered Europe from the fear of Asiatic invasions by strengthening the frontier of Austria. Over more distant lands, Spain and England, it was not possible to recover the commanding position of Charles. Henry, as head of the Saxon name, may have wished to unite its branches on both sides the sea[162], and it was perhaps partly with this intent that he gained for Otto the hand of Edith, sister of the English Athelstan. But the claim of supremacy, if any there was, was repudiated by Edgar, when, exaggerating the lofty style assumed by some of his predecessors, he called himself 'Basileusand imperator of Britain[163],'thereby seeming to pretend to a sovereignty over all the nations of the island similar to that which the Roman Emperor claimed over the states of Christendom.
Extent of Otto's Empire.
Comparison between it and that of Charles.
This restored Empire, which professed itself a continuation of the Carolingian, was in many respects different. It was less wide, including, if we reckon strictly, only Germany proper and two-thirds of Italy; or counting in subject but separate kingdoms, Burgundy, Bohemia, Moravia, Poland, Denmark, perhaps Hungary. Its character was less ecclesiastical. Otto exalted indeed the spiritual potentates of his realm, and was earnest in spreading Christianity among the heathen: he was master of the Pope and Defender of the Holy Roman Church. But religion held a less important place in his mind and his administration: he made fewer wars for its sake, held no councils, and did not, like his predecessor, criticize the discourses of bishops. It was also less Roman. We do not know whether Otto associated with that name anything more than the right to universal dominion and a certain oversight of matters spiritual, nor how far he believed himself to be treading in the steps of the Cæsars. He could not speak Latin, he had few learned men around him, he cannot have possessed the varied cultivation which had been so fruitful in the mind of Charles. Moreover, the conditions of his time were different, and did not permit similar attempts at wide organization. The local potentates would have submitted to nomissi dominici; separate laws and jurisdictions would not have yielded to imperial capitularies; theplacitaat which those laws were framed or published would not have been crowded, as of yore, by armed freemen. But what Otto could he did, and did it to good purpose. Constantly traversing his dominions, he introduced a peace and prosperity before unknown, and left everywhere the impress of an heroic character. Under him the Germans became not only a united nation, but were at once raised on a pinnacle among European peoples as the imperial race, the possessors of Rome and Rome's authority. While the political connection with Italy stirred their spirit, it brought with it a knowledge and culture hitherto unknown, and gave the newly-kindled energy an object. Germany became in her turn the instructress of the neighbouring tribes, who trembled at Otto's sceptre; Poland and Bohemia received from her their arts and their learning with their religion. If the revived Romano-Germanic Empire was less splendid than the Empire of the West had been under Charles, it was, within narrower limits, firmer and more lasting, since based on a social force which the other had wanted. It perpetuated the name, the language, the literature, such as it then was, of Rome; it extended her spiritual sway; it strove to represent that concentration for which men cried, and became a power to unite and civilize Europe.
Otto II,A.D.973-983.
Otto III,A.D.983-1002.
The time of Otto the Great has required a fuller treatment, as the era of the Holy Empire's foundation: succeeding rulers may be more quickly dismissed. Yet Otto III's reign cannot pass unnoticed: short, sad, full of bright promise never fulfilled. His mother was the Greek princess Theophano; his preceptor, the illustrious Gerbert: through the one he felt himself connected with the old Empire, and had imbibed the absolutism of Byzantium; by the other he had been reared in the dream of a renovatedHis ideas. Fascination exercised over him by the name of Rome.Rome, with her memories turned to realities. To accomplish that renovation, who so fit as he who with the vigorous blood of the Teutonic conqueror inherited the venerable rights of Constantinople? It was his design, now that the solemn millennial era of the founding of Christianity had arrived, to renew the majesty of the city and make her again the capital of a world-embracing Empire, victorious as Trajan's, despotic as Justinian's, holy as Constantine's. His young and visionary mind was too much dazzled by the gorgeous fancies it created to see the world as it was: Germany rude, Italy unquiet, Rome corrupt and faithless. InA.D.994, at the age of sixteen, he took from his mother's hands the reins of government, and entered Italy to receive his crown, and quell the turbulence of Rome. There he put to death the rebel Crescentius, in whom modern enthusiasm has seen a patriotic republican, who, reviving the institutions of Alberic, had ruled as consul or senator, sometimes entitling himself Emperor[164]. The young monarch reclaimed, perhaps extended, the privilege of Charles and Otto the Great, by nominating successive pontiffs: first Bruno his cousin (Gregory V), then Gerbert, whose name of Sylvester IIPope Sylvester II,A.D.1000.recalled significantly the ally of Constantine: Gerbert, to his contemporaries a marvel of piety and learning, in later legend the magician who, at the price of his own soul, purchased preferment from the Enemy, and by him was at last carried off in the body. With the substitution of these men for the profligate priests of Italy, began that Teutonic reform of the Papacy which raised it from the abyss of the tenth century to the point where Hildebrandfound it. The Emperors were working the ruin of their power by their most disinterested acts.
Schemes of Otto III: Changes of style and usage.
With his tutor on Peter's chair to second or direct him, Otto laboured on his great project in a spirit almost mystic. He had an intense religious belief in the Emperor's duties to the world—in his proclamations he calls himself 'Servant of the Apostles,' 'Servant of Jesus Christ[165]'—together with the ambitious antiquarianism of a fiery imagination, kindled by the memorials of the glory and power he represented. Even the wording of his laws witnesses to the strange mixture of notions that filled his eager brain. 'We have ordained this,' says an edict, 'in order that, the church of God being freely and firmly stablished, our Empire may be advanced and the crown of our knighthood triumph; that the power of the Roman people may be extended and the commonwealth be restored; so may we be found worthy after living righteously in the tabernacle of this world, to fly away from the prison of this life and reign most righteously with the Lord.' To exclude the claims of the Greeks he used the title 'Romanorum Imperator' instead of the simple 'Imperator' of his predecessors. His seals bear a legend resembling that used by Charles, 'Renovatio Imperii Romanorum;' even the 'commonwealth,' despite the results that name had produced under Alberic and Crescentius, was to be re-established. He built a palace on the Aventine, then the most healthy and beautiful quarter of the city; he devised a regular administrative system of government for his capital—naming a patrician, a prefect, and a body of judges, who were commanded to recognize no law but Justinian's. The formula of their appointment has beenpreserved to us: in it the Emperor delivering to the judge a copy of the code bids him 'with this code judge Rome and the Leonine city and the whole world.' He introduced into the simple German court the ceremonious magnificence of Byzantium, not without giving offence to many of his followers[166]. His father's wish to draw Italy and Germany more closely together, he followed up by giving the chancellorship of both countries to the same churchman, by maintaining a strong force of Germans in Italy, and by taking his Italian retinue with him through the Transalpine lands. How far these brilliant and far-reaching plans were capable of realization, had their author lived to attempt it, can be but guessed at. It is reasonable to suppose that whatever power he might have gained in the South he would have lost in the North. Dwelling rarely in Germany, and in sympathies more a Greek than a Teuton, he reined in the fierce barons with no such tight hand as his grandfather had been wont to do; he neglected the schemes of northern conquest; he released the Polish dukes from the obligation of tribute. But all, save that those plans were his, is now no more than conjecture, for Otto III, 'the wonder of the world,' as his own generation called him, died childless on the threshold of manhood; the victim, if we may trust a story of the time, of the revenge of Stephania, widow of Crescentius, who ensnared him by her beauty, and slew him by a lingering poison. They carried him across the Alps with laments whose echoes sound faintly yet from the pages of monkish chroniclers, and buried him in the choir of the basilica at Aachen some fifty paces from the tombof Charles beneath the central dome. Two years had not passed since, setting out on his last journey to Rome, he had opened that tomb, had gazed on the great Emperor, sitting on a marble throne, robed and crowned, with the Gospel-book open before him; and there, touching the dead hand, unclasping from the neck its golden cross, had taken, as it were, an investiture of Empire from his Frankish forerunner. Short as was his life and few his acts, Otto III is in one respect more memorable than any who went before or came after him. None save he desired to make the seven-hilled city again the seat of dominion, reducing Germany and Lombardy and Greece to their rightful place of subject provinces. No one else so forgot the present to live in the light of the ancient order; no other soul was so possessed by that fervid mysticism and that reverence for the glories of the past, whereon rested the idea of the mediæval Empire.
Italy independent.
The direct line of Otto the Great had now ended, and though the Franks might elect and the Saxons accept Henry II[167], Italy was nowise affected by their acts. Neither the Empire nor the Lombard kingdom could as yet be of right claimed by the German king. Her princes placed Ardoin, marquis of Ivrea, on the vacant throne of Pavia, moved partly by the growing aversion to a Transalpine power, still more by the desire of impunity under a monarch feebler than any since Berengar. But the selfishness that had exalted Ardoin soon overthrew him. Ere long a party among the nobles, seconded by the Pope, invited Henry[168]; his strong army made opposition hopeless, and at Rome he received the imperialHenry II Emperor.crown,A.D.1014. It is, perhaps, more singular that the Transalpine kings should have clung so pertinaciously to Italian sovereignty than that the Lombards should have so frequently attempted to recover their independence. For the former had often little or no hereditary claim, they were not secure in their seat at home, they crossed a huge mountain barrier into a land of treachery and hatred. But Rome's glittering lure was irresistible, and the disunion of Italy promised an easy conquest. Surrounded by martial vassals, these Emperors were generally for the moment supreme: once their pennons had disappeared in the gorges of Tyrol, things reverted to their former condition, and Tuscany was little more dependent than France.Southern Italy.In Southern Italy the Greek viceroy ruled from Bari, and Rome was an outpost instead of the centre of Teutonic power. A curious evidence of the wavering politics of the time is furnished by the Annals of Benevento, the Lombard town which on the confines of the Greek and Roman realms gave steady obedience to neither. They usually date by and recognize the princes of Constantinople[169], seldom mentioning the Franks, till the reign of Conrad II; after him the Western becomesImperator, the Greek, appearing more rarely, isImperator Constantinopolitanus. Assailed by the Saracens, masters already of Sicily, these regions seemed on the eve of being lost to Christendom, and the Romans sometimes bethought themselves of returning under the Byzantine sceptre. As the weakness of the Greeks in the South favoured the rise of the Norman kingdom, so did the liberties of the northern cities shoot up in the absence of the Emperors and the feuds of theprinces. Milan, Pavia, Cremona, were only the foremost among many populous centres of industry, some of them self-governing, all quickly absorbing or repelling the rural nobility, and not afraid to display by tumults their aversion to the Germans.
Conrad II.
The reign of Conrad II, the first monarch of the great Franconian line, is remarkable for the accession to the Empire of Burgundy, or, as it is after this time more often called, the kingdom of Arles[170]. Rudolf III, the last king, had proposed to bequeath it to Henry II, and the states were at length persuaded to consent to its reunion to the crown from which it had been separated, though to some extent dependent, since the death of Lothar I (son of Lewis the Pious). On Rudolf's death in 1032, Eudes, count of Champagne, endeavoured to seize it, and entered the north-western districts, from which he was dislodged by Conrad with some difficulty. Unlike Italy, it became an integral member of the Germanic realm: its prelates and nobles sat in imperial diets, and retained till recently the style and title of Princes of the Holy Empire. The central government was, however, seldom effective in these outlying territories, exposed always to the intrigues, finally to the aggressions, of Capetian France.
Henry III.
Under Conrad's son Henry the Third the Empire attained the meridian of its power. At home Otto the Great's prerogative had not stood so high. The duchies, always the chief source of fear, were allowed to remain vacant or filled by the relatives of the monarch, who himself retained, contrary to usual practice, those of Franconia and (for some years) Swabia. Abbeys andHis reform of the Popedom.sees lay entirely in his gift. Intestine feuds were repressed by the proclamation of a public peace. Abroad, the feudal superiority over Hungary, which Henry II had gained by conferring the title of King with the hand of his sister Gisela, was enforced by war, the country made almost a province, and compelled to pay tribute. In Rome no German sovereign had ever been so absolute. A disgraceful contest between three claimants of the papal chair had shocked even the reckless apathy of Italy. Henry deposed them all, and appointed their successor: he became hereditary patrician, and wore constantly the green mantle and circlet of gold which were the badges of that office, seeming, one might think, to find in it some further authority than that which the imperial name conferred. The synod passed a decree granting to Henry the right of nominating the supreme pontiff; and the Roman priesthood, who had forfeited the respect of the world even more by habitual simony than by the flagrant corruption of their manners, were forced to receive German after German as their bishop, at the bidding of a ruler so powerful, so severe, and so pious. But Henry's encroachments alarmed his own nobles no less than the Italians, and the reaction, which might have been dangerous to himself, was fatal to his successor. A mere chance, as some might call it, determined the course of history. The great Emperor diedHenry IV,A.D.1056-1106.suddenly inA.D.1056, and a child was left at the helm, while storms were gathering that might have demanded the wisest hand.
Reformed by the Emperors and their Teutonic nominees, the Papacy had resumed in the middle of the eleventh century the schemes of polity shadowed forth by Nicholas I, and which the degradation of the last age had only suspended. Under the guidance of her greatest mind, Hildebrand, the archdeacon of Rome, she now advanced to their completion, and proclaimed that war of the ecclesiastical power against the civil power in the person of the Emperor, which became the centre of the subsequent history of both. While the nature of the struggle cannot be understood without a glance at their previous connection, the vastness of the subject warns one from the attempt to draw even its outlines, and restricts our view to those relations of Popedom and Empire which arise directly out of their respective positions as heads spiritual and temporal of the universal Christian state.
Growth of the Papal power.
The eagerness of Christianity in the age immediately following her political establishment to purchase by submission the support of the civil power, has been already remarked. The change from independence to supremacy was gradual. The tale we smile at, how Constantine,healed of his leprosy, granted the West to bishop Sylvester, and retired to Byzantium that no secular prince might interfere with the jurisdiction or profane the neighbourhood of Peter's chair, worked great effects through the belief it commanded for many centuries. Nay more, its groundwork was true. It was the removal of the seat of government from the Tiber to the Bosphorus that made the Pope the greatest personage in the city, and in the prostration after Alaric's invasion he was seen to be so. Henceforth he alone was a permanent and effective, though still unacknowledged power, as truly superior to the revived senate and consuls of the phantom republic as Augustus and Tiberius had been to the faint continuance of their earlier prototypes. Pope Leo the First asserted the universal jurisdiction of his see[171], and his persevering successors slowly enthralled Italy, Illyricum, Gaul, Spain, Africa, dexterously confounding their undoubted metropolitan and patriarchal rights with those of œcumenical bishop, in which they were finally merged. By his writings and the fame of his personal sanctity, by the conversion of England and the introduction of an impressive ritual, Gregory the Great did more than any other pontiff to advance Rome's ecclesiastical authority. Yet his tone to Maurice of Constantinople was deferential, to Phocas adulatory; his successors were not consecrated till confirmed by the Emperor or the Exarch; one of them was dragged in chains to the Bosphorus, and banished thence to Scythia. When the iconoclastic controversy and the intervention of Pipin broke the allegiance of the Popes to the East, the Franks, as patriciansand Emperors, seemed to step into the position which Byzantium had lost[172]. At Charles's coronation, says the Saxon poet,
'Et summus eundemPræsul adoravit, sicut mos debitus olimPrincipibus fuit antiquis.'
'Et summus eundemPræsul adoravit, sicut mos debitus olimPrincipibus fuit antiquis.'
'Et summus eundem
Præsul adoravit, sicut mos debitus olim
Principibus fuit antiquis.'
Their relationsRelations of the Papacy and the Empire.were, however, no longer the same. If the Frank vaunted conquest, the priest spoke only of free gift. What Christendom saw was that Charles was crowned by the Pope's hands, and undertook as his principal duty the protection and advancement of the Holy Roman Church. The circumstances of Otto the Great's coronation gave an even more favourable opening to sacerdotal claims, for it was a Pope who summoned him to Rome and a Pope who received from him an oath of fidelity and aid. In the conflict of three powers, the Emperor, the pontiff, and the people—represented by their senate and consuls, or by the demagogue of the hour—the most steady, prudent, and far-sighted was sure eventually to prevail. The Popedom had no minorities, as yet few disputed successions, few revolts within its own army—the host of churchmen through Europe. Boniface's conversion of Germany under its direct sanction, gave it a hold on the rising hierarchy of the greatest European state; the extension of the rule of Charles and Otto diffused in the same measure its emissaries and pretensions. The first disputes turned on the right of the prince to confirm the elected pontiff, which was afterwards supposed to have been granted by Hadrian I toCharles, in the decree quoted as 'Hadrianus Papa[173].' This 'ius eligendi et ordinandi summum pontificem,' which Lewis I appears as yielding by the 'Ego Ludovicus[174],' was claimed by the Carolingians whenever they felt themselves strong enough, and having fallen into desuetude in the troublous times of the Italian Emperors, was formally renewed to Otto the Great by his nominee Leo VIII. We have seen it used, and used in the purest spirit, by Otto himself, by his grandson Otto III, last of all, and most despotically, by Henry III. Along with it there had grown up a bold counter-assumption of the Papal chair to be itself the source of the imperial dignity. In submitting to a fresh coronation, Lewis the Pious admitted the invalidity of his former self-performed one: Charles the Bald did not scout the arrogant declaration of John VIII[175], that to him alone the Emperor owed his crown; and the council of Pavia[176], when it chose him king of Italy, repeated the assertion. Subsequent Popes knew better than to apply to the chiefs of Saxon and Franconian chivalry language which the feeble Neustrian had not resented; but the precedent remained, the weapon was only hid behind the pontifical robe to be flashed out with effect when the moment should come. There were also two other great steps which papal power had taken. By the invention and adoption of the FalseTemporal power of the Popes.Decretals it had provided itself with a legal system suited to any emergency, and which gave it unlimited authority through the Christian world in causes spiritual and over persons ecclesiastical. Canonistical ingenuity found it easy in one way or another to make this include all causes and persons whatsoever: for crime is always and wrong is often sin, nor can aught be anywhere done which may not affect the clergy. On the gift of Pipin and Charles, repeated and confirmed by Lewis I, Charles II, Otto I and III, and now made to rest on the more venerable authority of the first Christian Emperor, it could found claims to the sovereignty of Rome, Tuscany, and all else that had belonged to the exarchate. Indefinite in their terms, these grants were never meant by the donors to convey full dominion over the districts—that belonged to the head of the Empire—but only as in the case of other church estates, a perpetual usufruct ordominium utile. They were, in fact, mere endowments. Nor had the gifts been ever actually reduced into possession: the Pope had been hitherto the victim, not the lord, of the neighbouring barons. They were not, however, denied, and might be made a formidable engine of attack: appealing to them, the Pope could brand his opponents as unjust and impious; and could summon nobles and cities to defend him as their liege lord, just as, with no better original right, he invoked the help of the Norman conquerors of Naples and Sicily.
The attitude of the Roman Church to the imperial power at Henry the Third's death was externally respectful. The right of a German king to the crown of the city was undoubted, and the Pope was his lawful subject. Hitherto the initiative in reform had come from the civil magistrate. But the secret of the pontiff's strength layin this: he, and he alone, could confer the crown, and had therefore the right of imposing conditions on its recipient. Frequent interregna had weakened the claim of the Transalpine monarch and prevented his power from taking firm root; his title was never by law hereditary: the holy Church had before sought and might again seek a defender elsewhere. And since the need of such defence had originated this transference of the Empire from the Greeks to the Franks, since to render it was the Emperor's chief function, it was surely the Pope's duty as well as his right to see that the candidate was capable of fulfilling his task, to degrade him if he rejected or misperformed it.
Hildebrandine reforms.
The first step was to remove a blemish in the constitution of the Church, by fixing a regular body to choose the supreme pontiff. This Nicholas II did inA.D.1059, feebly reserving the rights of Henry IV and his successors. Then the reforming spirit, kindled by the abuses and depravity of the last century, advanced apace. It had two main objects: the enforcement of celibacy, especially on the secular clergy, who enjoyed in this respect considerable freedom, and the extinction of simony. In the former, the Emperors and a large part of the laity were not unwilling to join: the latter no one dared to defend in theory. But when Gregory VII declared that it was sin for the ecclesiastic to receive his benefice under conditions from a layman, and so condemned the whole system of feudal investitures to the clergy, he aimed a deadly blow at all secular authority. Half of the land and wealth of Germany was in the hands of bishops and abbots, who would now be freed from the monarch's control to pass under that of the Pope. In such a state of things government itself would be impossible.
Henry IV and Gregory VII.
Henry and Gregory already mistrusted each other: after this decree war was inevitable. The Pope cited his opponent to appear and be judged at Rome for his vices and misgovernment. The Emperor[177]replied by convoking a synod, which deposed and insulted Gregory. At once the dauntless monk pronounced Henry excommunicate, and fixed a day on which, if still unrepentant, he should cease to reign. Supported by his own princes, the monarch might have defied a mandate backed by no external force; but the Saxons, never contented since the first place had passed from their own dukes to the Franconians, only waited the signal to burst into a new revolt, whilst through all Germany the Emperor's tyranny and irregularities of life had sown the seeds of disaffection. Shunned, betrayed, threatened, he rushed into what seemed the only course left, and Canosa saw Europe'sA.D.1077.mightiest prince, titular lord of the world, a suppliant before the successor of the Apostle. Henry soon found that his humiliation had not served him; driven back into opposition, he defied Gregory anew, set up an anti-pope, overthrew the rival whom his rebellious subjects had raised, and maintained to the end of his sad and chequered life a power often depressed but never destroyed. Nevertheless had all other humiliation been spared, that one scene in the yard of the Countess Matilda's castle, an imperial penitent standing barefoot and woollen-frocked on the snow three days and nights, till the priest who sat within should admit and absolve him, was enough to mark a decisive change, and inflict an irretrievable disgrace on the crown so abased. Its wearer could no more, with the same lofty confidence, claim to be the highest power onearth, created by and answerable to God alone. Gregory had extorted the recognition of that absolute superiority of the spiritual dominion which he was wont to assert so sternly; proclaiming that to the Pope, as God's vicar, all mankind are subject, and all rulers responsible: so that he, the giver of the crown, may also excommunicate and depose. Writing to William the Conqueror, he says[178]: 'For as for the beauty of this world, that it may be at different seasons perceived by fleshly eyes, God hath disposed the sun and the moon, lights that outshine all others; so lest the creature whom His goodness hath formed after His own image in this world should be drawn astray into fatal dangers, He hath provided in the apostolic and royal dignities the means of ruling it through divers offices.... If I, therefore, am to answer for thee on the dreadful day of judgment before the just Judge who cannot lie, the creator of every creature, bethink thee whether I must not very diligently provide for thy salvation, and whether, for thine own safety, thou oughtest not without delay to obey me, that so thou mayest possess the land of the living.'
Gregory was not the inventor nor the first propounder of these doctrines; they had been long before a part of mediæval Christianity, interwoven with its most vital doctrines. But he was the first who dared to apply them to the world as he found it. His was that rarest and grandest of gifts, an intellectual courage and power of imaginative belief which, when it has convinced itself of aught, accepts it fully with all its consequences, and shrinks not from acting at once upon it. A perilous gift, as the melancholy end of his own career proved, for men were found less readythan he had thought them to follow out with unswerving consistency like his the principles which all acknowledged. But it was the very suddenness and boldness of his policy that secured the ultimate triumph of his cause, awing men's minds and making that seem realized which had been till then a vague theory. His premises once admitted,—and no one dreamt of denying them,—the reasonings by which he established the superiority of spiritual to temporal jurisdiction were unassailable. With his authority, in whose hands are the keys of heaven and hell, whose word can bestow eternal bliss or plunge in everlasting misery, no other earthly authority can compete or interfere: if his power extends into the infinite, how much more must he be supreme over things finite? It was thus that Gregory and his successors were wont to argue: the wonder is, not that they were obeyed, but that they were not obeyed more implicitly. In the second sentence of excommunication which Gregory passed upon Henry the Fourth are these words:—
'Come now, I beseech you, O most holy and blessed Fathers and Princes, Peter and Paul, that all the world may understand and know that if ye are able to bind and to loose in heaven, ye are likewise able on earth, according to the merits of each man, to give and to take away empires, kingdoms, princedoms, marquisates, duchies, countships, and the possessions of all men. For if ye judge spiritual things, what must we believe to be your power over worldly things? and if ye judge the angels who rule over all proud princes, what can ye not do to their slaves?'
Results of the struggle.
Doctrines such as these do indeed strike equally at all temporal governments, nor were the Innocents and Bonifaces of later days slow to apply them so. On theEmpire, however, the blow fell first and heaviest. As when Alaric entered Rome, the spell of ages was broken, Christendom saw her greatest and most venerable institution dishonoured and helpless; allegiance was no longer undivided, for who could presume to fix in each case the limits of the civil and ecclesiastical jurisdictions? The potentates of Europe beheld in the Papacy a force which, if dangerous to themselves, could be made to repel the pretensions and baffle the designs of the strongest and haughtiest among them. Italy learned how to meet the Teutonic conqueror by gaining the papal sanction for the leagues of her cities. The German princes, anxious to narrow the prerogative of their head, were the natural allies of his enemy, whose spiritual thunders, more terrible than their own lances, could enable them to depose an aspiring monarch, or extort from him any concessions they desired. Their altered tone is marked by the promise they required from Rudolf of Swabia, whom they set up as a rival to Henry, that he would not endeavour to make the throne hereditary.
It is not possible here to dwell on the details of the great struggle of the Investitures, rich as it is in the interest of adventure and character, momentous as were its results for the future. A word or two must suffice to describe the conclusion, not indeed of the whole drama, which was to extend over centuries, but of what may be called its first act. Even that act lasted beyond the lives of the original performers. Gregory the Seventh passed away at Salerno inA.D.1087, exclaiming with his last breath 'I have loved justice and hated iniquity, therefore I die in exile.' Nineteen years later, inA.D.1106, Henry IV died, dethroned by an unnatural son whom the hatred of a relentless pontiff had raised in rebellion againsthim. But that son, the emperor Henry the Fifth, so far from conceding the points in dispute, proved an antagonist more ruthless and not less able than his father. He claimed for his crown all the rights over ecclesiastics that his predecessors had ever enjoyed, and when at his coronation in Rome,A.D.1112, Pope Paschal II refused to complete the rite until he should have yielded, Henry seized both Pope and cardinals and compelled them by a rigorous imprisonment to consent to a treaty which he dictated. Once set free, the Pope, as was natural, disavowed his extorted concessions, and the struggle was protracted for ten years longer, until nearly half a century had elapsed from the first quarrel between Gregory VII and Henry IV.Concordat of Worms,A.D.1122.The Concordat of Worms, concluded inA.D.1122, was in form a compromise, designed to spare either party the humiliation of defeat. Yet the Papacy remained master of the field. The Emperor retained but one-half of those rights of investiture which had formerly been his. He could never resume the position of Henry III; his wishes or intrigues might influence the proceedings of a chapter, his oath bound him from open interference. He had entered the strife in the fulness of dignity; he came out of it with tarnished glory and shattered power. His wars had been hitherto carried on with foreign foes, or at worst with a single rebel noble; now his steadiest ally was turned into his fiercest assailant, and had enlisted against him half his court, half the magnates of his realm. At any moment his sceptre might be shivered in his hand by the bolt of anathema, and a host of enemies spring up from every convent and cathedral.
Two other results of this great conflict ought not to pass unnoticed. The Emperor was alienated from the Church at the most unfortunate of all moments, the eraThe Crusades.of the Crusades. To conduct a great religious war against the enemies of the faith, to head the church militant in her carnal as the Popes were accustomed to do in her spiritual strife, this was the very purpose for which an Emperor had been called into being; and it was indeed in these wars, more particularly in the first three of them, that the ideal of a Christian commonwealth which the theory of the mediæval Empire proclaimed, was once for all and never again realized by the combined action of the great nations of Europe. Had such an opportunity fallen to the lot of Henry III, he might have used it to win back a supremacy hardly inferior to that which had belonged to the first Carolingians. But Henry IV's proscription excluded him from all share in an enterprise which he must otherwise have led—nay, more, committed it to the guidance of his foes. The religious feeling which the Crusades evoked—a feeling which became the origin of the great orders of chivalry, and somewhat later of the two great orders of mendicant friars—turned wholly against the opponent of ecclesiastical claims, and was made to work the will of the Holy See, which had blessed and organized the project. A century and a half later the Pope did not scruple to preach a crusade against the Emperor himself.
Again: it was now that the first seeds were sown of that fear and hatred wherewith the German people never thenceforth ceased to regard the encroaching Romish court. Branded by the Church and forsaken by the nobles, Henry IV retained the affections of the faithful burghers of Worms and Liege. It soon became the test of Teutonic patriotism to resist Italian priestcraft.
The changes in the internal constitution of Germany which the long anarchy of Henry IV's reign had producedLimitations of imperial prerogative.are seen when the nature of the prerogative as it stood at the accession of Conrad II, the first Franconian Emperor, is compared with its state at Henry V's death. All fiefs are now hereditary, and when vacant can be granted afresh only by consent of the States; the jurisdiction of the crown is less wide; the idea is beginning to make progress that the most essential part of the Empire is not its supreme head but the commonwealth of princes and barons. The greatest triumph of these feudal magnates is in the establishment of the elective principle, which when confirmed by the three free elections of Lothar II, Conrad III, and Frederick I, passes into anLothar II, 1125-1138.undoubted law. The Prince-Electors are mentioned inA.D.1156 as a distinct and important body[179]. The clergy, too, whom the policy of Otto the Great and Henry II had raised, are now not less dangerous than the dukes, whose power it was hoped they would balance; possibly more so, since protected by their sacred character and their allegiance to the Pope, while able at the same time to command the arms of their countless vassals. Nor were the two succeeding Emperors the men to retrieve those disasters. The Saxon Lothar the Second is the willing minion of the Pope; performs at his coronation a menial service unknown before, and takes a more stringent oath to defend the Holy See, that he may purchase its support against the Swabian faction in his own dominions.Conrad III, 1138-1152.Conrad the Third, the first Emperor of the great house of Hohenstaufen[180], represents the anti-papal party; butdomestic troubles and an unfortunate crusade prevented him from effecting anything in Italy. He never even entered Rome to receive the crown.
Frederick of Hohenstaufen, 1152-1189.
The reign of Frederick the First, better known under his Italian surname Barbarossa, is the most brilliant in the annals of the Empire. Its territory had been wider under Charles, its strength perhaps greater under Henry the Third, but it never appeared in such pervading vivid activity, never shone with such lustre of chivalry, as under the prince whom his countrymen have taken to be one of their national heroes, and who is still, as the half-mythic type of Teutonic character, honoured by picture and statue, in song and in legend, through the breadth of the German lands. The reverential fondness of his annalists and the whole tenour of his life go far to justify this admiration, and dispose us to believe that nobler motives were joined with personal ambition in urging him to assert so haughtily and carry out so harshly those imperial rights in which he had such unbounded confidence. Under his guidance the Transalpine power made its greatest effort to subdue the two antagonists which then threatened and were fated in the end to destroy it—Italian nationality and the Papacy.
His relations to the Popedom.
Even before Gregory VII's time it might have been predicted that two such potentates as the Emperor andthe Pope, closely bound together, yet each with pretensions wide and undefined, must ere long come into collision. The boldness of that great pontiff in enforcing, the unflinching firmness of his successors in maintaining, the supremacy of clerical authority, inspired their supporters with a zeal and courage which more than compensated the advantages of the Emperor in defending rights he had long enjoyed. On both sides the hatred was soon very bitter. But even had men's passions permitted a reconciliation, it would have been found difficult to bring into harmony adverse principles, each irresistible, mutually destructive. As the spiritual power, in itself purer, since exercised over the soul and directed to the highest of all ends, eternal felicity, was entitled to the obedience of all, laymen as well as clergy; so the spiritual person, to whom, according to the view then universally accepted, there had been imparted by ordination a mysterious sanctity, could not without sin be subject to the lay magistrate, be installed by him in office, be judged in his court, and render to him any compulsory service. Yet it was no less true that civil government was indispensable to the peace and advancement of society; and while it continued to subsist, another jurisdiction could not be suffered to interfere with its workings, nor one-half of the people be altogether removed from its control. Thus the Emperor and the Pope were forced into hostility as champions of opposite systems, however fully each might admit the strength of his adversary's position, however bitterly he might bewail the violence of his own partisans. There had also arisen other causes of quarrel, less respectable but not less dangerous. The pontiff demanded and the monarch refused the lands which the Countess Matilda of Tuscany had bequeathed to theHoly See; Frederick claiming them as feudal suzerain, the Pope eager by their means to carry out those schemes of temporal dominion which Constantine's donation sanctioned, and Lothar's seeming renunciation of the sovereignty of Rome had done much to encourage. As feudal superior of the Norman kings of Naples and Sicily, as protector of the towns and barons of North Italy who feared the German yoke, the successor of Peter wore already the air of an independent potentate.
Contest with Hadrian IV.
No man was less likely than Frederick to submit to these encroachments. He was a sort of imperialist Hildebrand, strenuously proclaiming the immediate dependence of his office on God's gift, and holding it every whit as sacred as his rival's. On his first journey to Rome, he refused to hold the Pope's stirrup[181], as Lothar had done, till Pope Hadrian the Fourth's threat that he would withhold the crown enforced compliance. Complaints arising not long after on some other ground, the Pope exhorted Frederick by letter to shew himself worthy of the kindness of his mother the Roman Church, who had given him the imperial crown, and would confer on him, if dutiful, benefits still greater. This word benefits—beneficia—understood in its usual legal sense of 'fief,' and taken in connection with the picture which had been set up at Rome to commemorate Lothar's homage, provoked angry shouts from the nobles assembled in diet at Besançon; and when the legate answered, 'From whom, then, if not from our Lord the Pope, does your king hold the Empire?' his life was not safe from their fury. On this occasion Frederick's vigour and the remonstrances of the Transalpine prelatesobliged Hadrian to explain away the obnoxious word, and remove the picture. Soon after the quarrel was renewed by other causes, and came to centre itself round the Pope's demand that Rome should be left entirely to his government. Frederick, in reply, appeals to the civil law, and closes with the words, 'Since by the ordination of God I both am called and am Emperor of the Romans, in nothing but name shall I appear to be ruler if the control of the Roman city be wrested from my hands.' That such a claim should need assertion marks the change since Henry III; how much more that it could not be enforced. Hadrian's tone rises into defiance; he mingles the threat of excommunication with references to the time when the Germans had not yet the Empire. 'What were the Franks till Zacharias welcomed Pipin? What is the Teutonic king now till consecrated at Rome by holy hands? The chair of Peter has given, and can withdraw its gifts.'
With Pope Alexander III.
The schism that followed Hadrian's death produced a second and more momentous conflict. Frederick, as head of Christendom, proposed to summon the bishops of Europe to a general council, over which he should preside, like Justinian or Heraclius. Quoting the favourite text of the two swords, 'On earth,' he continues, 'God has placed no more than two powers: above there is but one God, so here one Pope and one Emperor. The Divine Providence has specially appointed the Roman Empire as a remedy against continued schism[182].' The plan failed; and Frederick adopted the candidate whom his own faction had chosen, while the rival claimant, Alexander III, appealed, with a confidence which the issue justified, to the support of sound churchmen throughoutEurope. The keen and long doubtful strife of twenty years that followed, while apparently a dispute between rival Popes, was in substance an effort by the secular monarch to recover his command of the priesthood; not less truly so than that contemporaneous conflict of the English Henry II and St. Thomas of Canterbury, with which it was constantly involved. Unsupported, not all Alexander's genius and resolution could have saved him: by the aid of the Lombard cities, whose league he had counselled and hallowed, and of the fevers of Rome, by which the conquering German host was suddenly annihilated, he won a triumph the more signal, that it was over a prince so wise and so pious as Frederick. At Venice, who, inaccessible by her position, maintained a sedulous neutrality, claiming to be independent of the Empire, yet seldom led into war by sympathy with the Popes, the two powers whose strife had roused all Europe were induced to meet by the mediation of the doge Sebastian Ziani. Three slabs of red marble in the porch of St. Mark's point out the spot where Frederick knelt in sudden awe, and the Pope with tears of joy raised him, and gave the kiss of peace. A later legend, to which poetry and painting have given an undeserved currency[183], tells how the pontiff set his foot on the neck of the prostrate king, with the words, 'The lion and the dragon shalt thou trample under feet[184].' It needed not this exaggeration to enhance the significance of that scene, even more full of meaning for the future than it was solemn and affecting to the Venetian crowd that thronged the church and the piazza. For it was the renunciation by the mightiest prince of his time ofthe project to which his life had been devoted: it was the abandonment by the secular power of a contest in which it had twice been vanquished, and which it could not renew under more favourable conditions.
Revival of the study of the civil law.
Authority maintained so long against the successor of Peter would be far from indulgent to rebellious subjects. For it was in this light that the Lombard cities appeared to a monarch bent on reviving all the rights his predecessors had enjoyed: nay, all that the law of ancient Rome gave her absolute ruler. It would be wrong to speak of a re-discovery of the civil law. That system had never perished from Gaul and Italy, had been the groundwork of some codes, and the whole substance, modified only by the changes in society, of many others. The Church excepted, no agent did so much to keep alive the memory of Roman institutions. The twelfth century now beheld the study cultivated with a surprising increase of knowledge and ardour, expended chiefly upon the Pandects. First in Italy and the schools of the South, then in Paris and Oxford, they were expounded, commented on, extolled as the perfection of human wisdom, the sole, true, and eternal law. Vast as has been the labour and thought expended from that time to this in the elucidation of the civil law, the most competent authorities declare that in acuteness, in subtlety, in all those branches of learning which can subsist without help from historical criticism, these so-called Glossatores have been seldom equalled and never surpassed by their successors. The teachers of the canon law, who had not as yet become the rivals of the civilian, and were accustomed to recur to his books where their own were silent, spread through Europe the fame and influence of the Roman jurisprudence; while its own professors were led both by their feeling and their interestto give to all its maxims the greatest weight and the fullest application. Men just emerging from barbarism, with minds unaccustomed to create and blindly submissive to authority, viewed written texts with an awe to us incomprehensible. All that the most servile jurists of Rome had ever ascribed to their despotic princes was directly transferred to the Cæsarean majesty who inherited their name. He was 'Lord of the world,' absolute master of the lives and property of all his subjects, that is, of all men; the sole fountain of legislation, the embodiment of right and justice. These doctrines, which the great Bolognese jurists, Bulgarus, Martinus, Hugolinus, and others who constantly surrounded Frederick, taught and applied, as matter of course, to a Teutonic, a feudal king, were by the rest of the world not denied, were accepted in fervent faith by his German and Italian partisans. 'To the Emperor belongs the protection of the whole world,' says bishop Otto of Freysing. 'The Emperor is a living law upon earth[185].' To Frederick, at Roncaglia, the archbishop of Milan speaks for the assembled magnates of Lombardy: 'Do and ordain whatsoever thou wilt, thy will is law; as it is written,"Quicquid principi placuit legis habet vigorem, cum populus ei et in eum omne suum imperium et potestatem concesserit[186]."The Hohenstaufen himself was not slow to accept these magnificent ascriptions of dignity, and though modestly professing his wish to govern according to law rather than override the law, was doubtless roused by them to a more vehement assertion of a prerogative so hallowed by age and by what seemed a divine ordinance.
Frederick in Italy.
That assertion was most loudly called for in Italy.The Emperors might appear to consider it a conquered country without privileges to be respected, for they did not summon its princes to the German diets, and overawed its own assemblies at Pavia or Roncaglia by the Transalpine host that followed them. Its crown, too, was theirs whenever they crossed the Alps to claim it, while the elections on the banks of the Rhine might be adorned but could not be influenced by the presence of barons from the southern kingdom[187]. In practice, however, the imperial power stood lower in Italy than in Germany, for it had been from the first intermittent, depending on the personal vigour and present armed support of each invader. The theoretic sovereignty of the Emperor-king was nowise disputed: in the cities toll and tax were of right his: he could issue edicts at the Diet, and require the tenants in chief to appear with their vassals. But the revival of a control never exercised since Henry IV's time, was felt as an intolerable hardship by the great Lombard cities, proud of riches and population equal to that of the duchies of Germany or the kingdoms of the North, and accustomed for more than a century to a turbulent independence. For republicanism and popular freedom Frederick had little sympathy.Rome under Arnold of Brescia.At Rome the fervent Arnold of Brescia had repeated, but with far different thoughts and hopes, the part of Crescentius[188]. The city had thrown off the yoke of its bishop, and a commonwealth under consuls and senate professed to emulate the spirit while it renewed the forms of the primitive republic. Its leaders had written to Conrad III[189], asking him to helpthem to restore the Empire to its position under Constantine and Justinian; but the German, warned by St. Bernard, had preferred the friendship of the Pope. Filled with a vain conceit of their own importance, they repeated their offers to Frederick when he sought the crown from Hadrian the Fourth. A deputation, after dwelling in highflown language on the dignity of the Roman people, and their kindness in bestowing the sceptre on him, a Swabian and a stranger, proceeded, in a manner hardly consistent, to demand a largess ere he should enter the city. Frederick's anger did not hear them to the end: 'Is this your Roman wisdom? Who are ye that usurp the name of Roman dignities? Your honours and your authority are yours no longer; with us are consuls, senate, soldiers. It was not you who chose us, but Charles and Otto that rescued you from the Greek and the Lombard, and conquered by their own might the imperial crown. That Frankish might is still the same: wrench, if you can, the club from Hercules. It is not for the people to give laws to the prince, but to obey his mandate[190].' This was Frederick's version of the 'Translation of the Empire[191].'