- Germany from 1250 to 1493
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In the other great field of German expansion in the 12th century—Lombardy and central Italy—the emperors and their military following alone counted. Indeed, from the very start of his reign, Frederick Barbarossa sought to recover and exploit regalian and imperial rights over the growing Lombard city communes and the rest of Italy. The connection between the German crown, the empire, and dominion over Italy has sometimes been regarded as a disaster for Germany and the ever-increasing concern of the Hohenstaufen dynasty with the south as its most tragic phase. Although Frederick’s policy was opportunistic, it was motivated by political necessity and personal inclination. Having bought off the Welfs, reconciled other great families with yet more concessions, and lastly endowed his own cousin, Conrad III’s son Frederick, with Hohenstaufen demesnes in Swabia, he had to try to mobilize their goodwill toward the empire while it lasted. He now aimed to set up a regime of imperial officials and captains who were to exact dues and to control jurisdiction that the communes had usurped from the failing grasp of their bishops. In 1158, as part of this plan, Frederick made his second Italian expedition and conquered Milan, the preeminent city in Lombardy. This was followed by an assembly and the publication of the Roncaglia decrees, which defined royal rights and attempted to establish Frederick’s authority in Italy.
For the Hohenstaufen ministeriales the rule of their masters in northern and central Italy provided a career. Because they could be deployed continuously, they became the backbone of the imperial occupation. A handful of minor dynasts also served Frederick for many years in the powerful and profitable commands that he established. The German bishops and certain abbots still had to supply men and money, and some of them threw themselves wholeheartedly into the war: for instance, Rainald of Dassel and Philip of Heinsberg, archbishops of Cologne from 1159 to 1167 and from 1167 to 1191, respectively, as archchancellors for Italy, had a vested interest in it. The support of the lay princes, conversely, was fitful and sporadic. Even at critical moments they could not be counted on, unless they individually agreed to serve or to send their much-needed contingents for a season. The refusal of the greatest of them, Henry the Lion, in 1176 brought about the emperor’s defeat at the Battle of Legnano and spoiled many years’ efforts in Lombardy.
The fall of Henry the Lion
Forced to retreat before the papacy and the Lombard League after the Battle of Legnano, Frederick cooled toward his Welf cousin, whom he could justly blame for some of his setbacks. Hitherto, the enemies of Henry—the princes, bishops, and magnates of Saxony—had been unable to gain a hearing against him at the emperor’s court days. By 1178, however, the emperor was ready to help them. Outlawed (1180), beaten in the field, and deserted by his vassals, Henry had to surrender and go into exile in 1182. His duchies and fiefs were forfeited to the empire.
His fall left a throng of middling princes face to face with an emperor whose prestige, despite reverses, stood high and whose resources had greatly increased since the beginning of his reign. The princes were nonetheless the chief and ultimate beneficiaries of the events of 1180. The final judgment by which Henry the Lion lost his honours was not founded on tribal law but on feudal law. The princes who condemned him regarded themselves as the first feudatories of the empire, and they decided on the redistribution of his possessions among themselves. During the 12th century the tribal duchies of the Ottonian period finally disintegrated. Within their ancient boundaries not only bishops but also lay lords succeeded in eluding the authority of the dukes. In their large immunities, bishops and nonducal nobles themselves wielded ducal powers. To enforce the imperial peace laws became both their ambition and their justification. Everywhere the greater lay dynasties and even some bishops tried to acquire a ducal or an equivalent title that would enable them to consolidate their scattered jurisdictions and, if possible, to force lesser free lords to attend their pleas.
These highest magnates had interests in common, and they closed their ranks not only against threats from above but also against fellow nobles who had been less successful in amassing wealth, counties, and advocacies and who did not possess the superior jurisdiction of a duke, a margrave, a count palatine, or a landgrave. They and they alone were now called princes of the empire. To lend a certain cohesion to their varied rights, they were willing to surrender their house lands to the empire and receive them back again as a princely fief. For the emperor it was theoretically an advantage that men so powerful in their own right should owe their chief dignity and most valued privileges to his grant. It opened the possibility of escheats (reversions to the property of the emperor), for in feudal law the rules of inheritance were stricter than in folk right. In Germany, however, the political misfortunes of rulers succeeded, by and large, in ensuring that ancient caste feeling and notions of inalienable right conquered the principles of feudal law. By 1216 it was established that the emperor could neither abolish principalities nor create princes at random.
The “heirs” of Henry the Lion had to fight a ceaseless battle to establish and maintain themselves. In Bavaria the Wittelsbachs had received the vacant duchy, but they were not recognized as superiors by the dukes of Styria or by the dukes of Andechs-Meran. In Saxony the archbishop of Cologne was enfeoffed with Henry the Lion’s ducal office and with all his rights in Westphalia, while an Ascanian prince, Bernard of Anhalt, received the eastern half of Henry’s duchy. Neither Bernard nor the archbishop, however, could make much out of their dukedoms, except in the regions where they already had lands and local jurisdictions. All over the empire these and regalian rights, such as mints, fairs, tolls, and the right of granting safe-conducts, were the substance of princely power. To possess them as widely as possible became the first goal of the abler bishops and lay lords.
