The struggle over the lay invest.i.ture of bishops did not arise at first.

The Papacy was still a dependent bishopric in the gift of the Emperors, who continued to depose bad Roman Popes and appoint upright Germans.

Popes and Emperors worked together to enforce celibacy among the clergy and to put down simony. The Emperors could not see, what is evident in retrospect, that when the spirit of reform should have taken full possession of the Papacy, then the Papacy would not rest content to be a German bishopric, but, in obedience to the law which links political ambition to political vigour, would even aim so high as to try to reduce the Empire itself to the condition of a papal fief. The spirit of reform, embodied in a man of genius, did take possession of the Papacy and the great struggle began.

Among the crowd that thronged to Cluny eager for a higher life, was a young Tuscan from Orvieto, Hildebrand by name, of plebeian birth. Small of stature, vehement in spirit, pa.s.sionate in feeling and action, he was confident in himself and yet sensitive to sympathy. This lad became an eager scholar, but in spite of erudition and fondness for study, he was essentially a man of action, a born leader of men. "What he taught by word he proved by example." He believed absolutely in the tenets of the reformers. He believed with his whole being that the Church was a divine inst.i.tution to save men's souls, and he could not endure the idea of secular powers and worldly influences intermeddling with G.o.d's fabric.

His career exhibits the power of a man of genius, who devotes his whole life to what for him is the highest end, and is able to use human enthusiasm for good as his implement.

Hildebrand has been called the Julius Csar of the Papacy. He went to Rome about 1048. From that time papal policy became definite, vigorous, stamped with an antique Roman stamp; and open conflict with the Empire was the inevitable result. Hildebrand's first care was to protect the Papacy from the petty-minded Roman faction; he supported papal candidates of high character and even secured the appointment of a German, sagaciously foreseeing that ecclesiastical patriotism would be stronger than national patriotism. These Popes put Hildebrand's views into execution.

Now that the Papacy had been rescued from the Roman faction, the next step was to free it from the Egyptian bondage of subjection to the Empire. Hildebrand was ready to strike whenever a fair opportunity should come. It soon came. The Emperor died, leaving his son Henry IV, a little boy, his successor on the German throne and heir to the Empire. A long minority seemed to reveal the hand of Providence. Hildebrand acted.

It had long been obvious that one cause of papal subjection to Roman faction and Imperial tyrant had been the uncertainty of the electoral body. Emperors, Roman n.o.bles, and Roman rabble, all had certain historic electoral rights. Hildebrand resolved to dispossess them all. A synod was held, which declared that the election of the Pope lay in the hands of the cardinals (1059). Some right of approval was left to the Roman people, some right of sanction to the Emperor, but the right of original election was vested in the cardinals, and this gradually developed into an absolute and exclusive right of election. This act was an act of rebellion towards the Empire, a declaration of independence. Hildebrand said that he strove to make the Church "free, pure, and catholic." This action made it free.

It was not to be expected that the Empire would acquiesce tamely in this rebellion. Imperialists and Romans made common cause against the clerical rebels. But the height of the conflict was not reached till Hildebrand himself was elevated to the Papacy (1073), becoming Gregory VII. He immediately took the offensive. Burning with conviction himself, he appealed to the general enthusiasm both in the Church and throughout the Empire for the cause of G.o.d; he ruthlessly denounced simony and proclaimed principles of papal sovereignty absolute and universal. "The Roman Church was founded by G.o.d alone; she never has erred and never will err, and no man is a Catholic who is not at peace with her. The Roman bishop alone is universal. He may depose bishops and reinstate them, he may transfer them from one see to another, he may depose emperors, and may absolve the subjects of the unjust from their allegiance. No synod without his consent is general; no episcopal chapter, no book, canonical without his authority. No man may sit in judgment on his decrees, but he may judge the decrees of all." Here certainly was a second Julius Csar in ambition. Gregory claimed feudal supremacy over Bohemia, Russia, Hungary, Spain, Corsica, Sardinia, Dalmatia, Croatia, Poland, Scandinavia, and England. Such claims were vague and shadowy; but the claims to interfere between the German king and the German episcopate and clergy were definite and direct. The Papacy declared its own supremacy, and the Imperial duty of obedience.

Gregory had immense moral support at his back, yet moral support would not have sufficed to protect him from the king's anger. Nor would Gregory have ventured on so haughty a course, had he not had allies of another character. These allies were four in number, and require some description. First in importance come the Normans. For years bands of Norman warriors, pious folk, had pa.s.sed through Southern Italy on their way to the Holy Land. Once a handful had helped a prince of Salerno to repel a Saracen attack. The prince, so the story goes, delighted with their valour, begged them to invite their compatriots to come. The invitation was readily accepted. Bands of gentlemen adventurers came, fought against Saracens, or Greeks, or the independent dukes and princes of Southern Italy, first as mercenaries in anybody's pay, and afterwards on their own account. They soon conquered a domain, and reached out in all directions. Some drove out the last Byzantines and acquired Southern Italy; some crossed to Sicily, performed prodigies of valour against the Saracens, and finally conquered the whole island (1060-90). In their raids northward they trespa.s.sed upon papal territory and came into collision with the Church. St. Peter's sword was drawn and brandished, but ineffectually. The Popes then concluded that martial deeds did not become them; and the Normans, on their part, were pious folk; so together they formed a happy solution. The Normans had possession of Southern Italy and Sicily, but merely by right of conquest; they were in the midst of an alien and far more numerous subject people, and wished for a legal t.i.tle. The Popes, unable to acquire actual possession, did have, thanks to the _Donation of Constantine_, a legal t.i.tle, derived, so they claimed, from the original source of legal t.i.tles, the Roman Empire. The mode of agreement was obvious; the Popes conferred Southern Italy and Sicily as feuds upon their liegemen the Norman chiefs, and they in return acknowledged the Popes as their lords suzerain. In this manner, "by the grace of G.o.d and St. Peter," the Normans founded the kingdom of the Two Sicilies, which for centuries after the Norman line died out continued to acknowledge the overlordship of the Papacy. The Normans were often disobedient va.s.sals, but they knew that the Empire regarded them as robbers, and in the wars between Empire and Papacy remained loyal to their lords the Popes.

The second papal ally was Countess Matilda (1046-1115), mistress of the Marquisate of Tuscany and other domains, which stretched from the papal boundaries up across the Po to Lombardy, and like her mother, her predecessor in t.i.tle, a brave, capable, devout woman. As the Normans were a defence to the Papacy on the south, so these ladies const.i.tuted a bulwark on the north, and often rendered incalculable service to the Popes of this period. Matilda's devotion to Gregory was boundless. "Like a second Martha, she ministered unto him, and as Mary hearkened unto Christ, so did she, attentive and a.s.siduous, hearken to all the words of the Holy Father." She and her mother make clear one source of papal strength. They show us the att.i.tude of the women, who, from sentiments of morality, piety, and superst.i.tion, took the religious side of the quarrel, and did not rest till fathers, brothers, husbands, and lovers had also espoused it. One act of feminine devotion fixes Matilda in the memory. Her domains consisted of marquisates, counties, baronies, and various feudal estates, held as feuds of the Empire, over which on her death she had no power of disposition, and also of large private estates, which she was free to give or devise. All these, Imperial feuds and private estates, she gave or rather attempted to give to the Church.

This _Donation_, the most important since that of Charlemagne, gave fresh causes of quarrel between Papacy and Empire. The Papacy attempted to make good its claim to the Imperial feuds; and the Empire, finding it impossible to discover the boundaries between the two species of territories, also claimed the whole.

The third papal ally is to be found in the cities of Lombardy, which had now become rich and important. In these cities, especially in Milan, which was easily first commercially and politically, trade had created a burgher cla.s.s which already gave evidence of a desire for political power. In Milan itself there was extreme political instability; archbishop, n.o.bles, gentry, artisans, and populace were all ready for a general scrimmage on the slightest provocation. The clergy were numerous and very rich; sons of n.o.blemen held the fat benefices, and almost all led irreligious lives and held celibacy in the meanest esteem. Simony was the rule. In Hildebrand's time the pa.s.sion for religious reform swept over the lower cla.s.ses of the city. A new sect arose, the Patarini (ragam.u.f.fins), a species of Puritans, who took up the cry against clerical laxity and immorality, and denounced married priests. Religious excitement set fire to social and economic discontent; populace and n.o.bles flew to arms; there were riots and civil war. Several eminent men, close friends of Hildebrand, became popular leaders; and the contest of people and Patarini against n.o.bles and married clergy became an episode in the general strife between Papal and Imperial parties.

Similar tumults, caused half by cla.s.s enmity, half by the pa.s.sion for religious reform, took place in other northern cities, Cremona, Piacenza, Pavia, Padua; on one side was the party of aristocratic privilege, looking to the Emperor for support; on the other, the party of the people, looking to the Pope.

Gregory's fourth ally was the rebellious n.o.bility of Germany. Had Germany been united and loyal, the German king would easily have been able to a.s.sert his power in Italy; but Germany was disloyal and divided.

Archbishops of the great archbishoprics, dukes of the great duchies, bishops, counts, and lords, in fact, all the component parts of the feudal structure of Germany, were jealous of one another; each grudged the other his possessions, and were in accord only in jealousy of the royal power. There were always some barons or bishops thankful to have the Pope's name and the Pope's aid in a rebellious design. These animosities the Papacy through its thousand hands diligently fomented.

Ranged against Gregory and his allies were the loyal parts of Germany, the Imperial adherents in Italy, the married clergy everywhere, and all whom Gregory's reforms had angered and estranged. At their head was a dissipated young king, of high spirit, headstrong, ignorant, and superst.i.tious, who entertained lofty notions of his royal and Imperial prerogatives. The characters of these two men would have brought them into collision, even if the irreconcilable natures of Empire and Papacy had not rendered a clash inevitable.

Gregory, almost immediately after his elevation to the pontificate, held a council and denounced simony, marriage of the clergy, and lay invest.i.ture. The king, who believed in the existing system, continued to exercise what he deemed his royal rights with a view to improving his political position. Gregory held a second council and utterly forbade lay invest.i.ture. Henry continued to disobey. Then Gregory wrote to him that he must renounce the claim of invest.i.ture, and humbly present himself in person before the papal presence and beg absolution for his sins; or, if he should fail to obey, Gregory would excommunicate him.

Henry and his party, now very angry, retorted by holding a German synod, which charged Gregory with all sorts of offences, moral, ecclesiastical, and political, absolved both king and bishops from their papal allegiance, and, finally, deposed the Pope. Henry himself wrote Gregory this letter:--

"Henry, not by usurpation, but by G.o.d's holy will. King, to Hildebrand, no longer Pope, but false monk:--

"This greeting you have deserved from the confusion you have caused, for in every rank of the Church you have brought confusion instead of honour, a curse instead of a blessing. Out of much I shall say but a little; you have not only not feared to touch the rulers of the Holy Church, archbishops, bishops, priests, G.o.d's anointed, but as if they were slaves, you have trampled them down under your feet. By trampling them down you have got favour from the vulgar mouth. You have decided that they know nothing, and that you alone know everything, and you have studied to use your knowledge not to build up but to destroy.... We have borne all this and have striven to maintain the honour of the Apostolic See. But you have construed our humility as fear, and for that reason you have not feared to rise up against our royal power, and have even dared to threaten that you would take it from us; as if we had received our kingdom from you, as if kingdom and empire were in your hands and not in G.o.d's. Our Lord Jesus Christ has called us to the kingdom, but not you to the priesthood. You have mounted by these steps; by craft--abominable in a monk--you have come into money, by money to favour, by favour to the sword, by the sword to the seat of peace; and from the seat of peace you have confounded peace. You have armed subjects against those over them; you, the unelect, have held our bishops, elect of G.o.d, up to contempt.... Me, even, who though unworthy am the anointed king, you have touched, and although the holy fathers have taught that a king may be judged by G.o.d only, and for no offence except deviation from the faith--which G.o.d forbid--you have a.s.serted that I should be deposed; when even Julian the Apostate was left by the wisdom of the holy fathers to be judged and deposed by G.o.d only. That true Pope, blessed Peter, says: 'Fear G.o.d, honour the king.' But you do not fear G.o.d and you dishonour me appointed by Him. And blessed Paul, who did not spare an angel from heaven who should preach other doctrine, did not except you, here on earth, who now teach other doctrine. For he says, 'But though we, or an angel from heaven, preach any other gospel unto you than that which we have preached unto you, let him be accursed.' You therefore by Paul anathematized, by the judgment of all our bishops and by mine condemned, come down, leave the apostolic seat which you have usurped; let another mount the throne of blessed Peter, who shall not cloak violence with religion, but shall teach the sound doctrine of blessed Peter. I, Henry, King by G.o.d's grace, and all our bishops, say to you, Down, down, you d.a.m.ned forever."[9]

To the action of the German synod and to this letter there could be but one answer. Gregory held a synod, excommunicated the king, and released his subjects from their allegiance. The Germans rose in rebellion, taking the excommunication as a ground or perhaps as a pretext; they held a great council in presence of a papal legate, and decided that they would renounce their allegiance unless the king obtained absolution. The king, too weak to cope with the rebels, submitted. He crossed the Alps with his wife and one or two servants, in midwinter, and came to the fortress of Canossa, near Parma, a stronghold belonging to the Countess Matilda, whither Gregory had gone. For three days the king stood outside the gates, dressed as a penitent, and begged for leave to present himself before the Pope. At last, owing to the entreaties of Matilda, the king was admitted. He cast himself upon the ground before Gregory, who lifted him up and bade him submit to the ordeal of the eucharist. Gregory took the consecrated wafer and said, "If I am guilty of the crimes charged against me, may G.o.d strike me." He broke and ate; then turning to Henry, said, "Do thou, my son, as I have done." The king did not dare to invoke the judgment of G.o.d; he humbled himself, resigned his crown into Gregory's hands, and swore to remain a private person until he should be judged by a council. He was then absolved (1077).

Various events followed this terrible humiliation. The German rebels set up an anti-king, and the king's men set up an anti-pope, and there was war and hatred everywhere. The king's energy triumphed for a time; he even captured Rome, and had it not been for a Norman army, which came to the Pope's rescue, he would have captured Gregory, too. But, despite royal triumphs the scene at Canossa had struck the majesty of the Empire an irretrievable blow; the king of the Germans, Emperor except for a coronation, had admitted in a most dramatic way, before all Europe, the inferiority of the temporal to the spiritual power.

Gregory died in exile at Salerno, Henry died deposed by his rebellious son; and the question of lay invest.i.ture still remained unsettled. More deeds of violence were done, more oaths broken, more lives taken; at last an agreement was reached and the long contest closed. Papacy and Empire made a treaty of peace, known as the Concordat of Worms (1122).

The Emperor renounced all claim to invest bishops with ring and staff, and recognized the freedom of election and of ordination of the clergy, thus giving up all claim to appoint bishops and other ecclesiastical dignitaries. The Pope agreed that the election of bishops should take place in presence of the Emperor or his representative, and that bishops should receive their fiefs in a separate ceremony, by touch of the royal sceptre, in token of holding them from the Empire. This compromise, which seems absurdly simple, as settled questions often do, was a final adjustment of the immediate quarrel between Empire and Papacy, but left the larger matter of mastery still to be fought out.

FOOTNOTES:

[9] _Select Medival Doc.u.ments_, Shailer Mathews, translated.

CHAPTER XI

TRADE AGAINST FEUDALISM (1152-1190)

The last chapter dealt with the struggle between the two great medival inst.i.tutions, the Empire and the Papacy. This deals with the contest between the Empire, representing the feudal system, and a new social force, the spirit of trade, represented by the Lombard cities. Naturally the Papacy joined in the fray and sided with the Lombard cities; and, before the end, all Italy was divided into two great parties designated by terms derived from Germany: Guelfs, which indicated those opposed to the Empire, and Ghibellines, which indicated friends to the Empire. But the particular issue here fought out was that between feudalism and trade, and the triumph of trade indicates the close of the Middle Ages.

The Emperor Frederick I (1152-90) of the great house of Hohenstaufen is the hero of this period. He was a n.o.ble specimen of the knight of the Middle Ages, such as Sir Walter Scott conceived a knight to be. He had a bright, open countenance, fair hair, that curled a little on his forehead, and a red beard (Barbarossa) which impressed the Italian imagination. Valiant, resolute, energetic, bountiful in almsgiving, attentive to religious duties, he was a kind friend and a stern enemy.

To his misfortune he was born too late; he belonged to a chivalric generation out of place in a world which had begun to deem buying and selling matters of greater consequence than chivalry and crusades. He thought himself ent.i.tled to all the Imperial rights that had been exercised by the Ottos; and, measuring his own prerogatives by their standard, resolved to make good the deficiencies of his immediate predecessors, who for one reason or another had neglected to a.s.sert those prerogatives in their plenitude. Barbarossa's situation may be compared to that of Charles I of England, who believed himself lawful heir to all the prerogatives of the Tudors.

Opposed to these old-fashioned views was the hard-headed spirit of commercial Italy. Barbarossa's particular enemies were the Lombard cities, but that was because they were nearest to him. The same mercantile spirit animated all the cities of the peninsula; in fact, it pervaded the maritime cities before it pervaded the Lombard cities, and can best be described by means of a description of them.

The southern cities bloomed earlier than their northern sisters. Amalfi, now a little fishing village which clings to the steep slopes of the Gulf of Salerno, in the eleventh century was an independent republic of 50,000 inhabitants. She traded with Sicily, Egypt, Syria, and Arabia; she decked her women with the ornaments of the East; she built monasteries at Jerusalem, also a hospital from which the Knights Hospitallers of St. John took their name; she gave a maritime code to the Mediterranean and Ionian seas, and circulated coin of her own minting throughout the Levant. Salerno, her near neighbour, had already become famous for her knowledge of medicine, acquired from the Arabs.

The speculations of her physicians upon the medicinal properties of herbs went all over Europe. She abounded in attractions. Vineyards, apple orchards, nut trees, flourished round about the city; within there were handsome palaces; "the women did not lack beauty, nor the men honesty." The Normans must have found themselves very comfortable.

Naples, Gaeta, and the Greek cities of the heel and toe were also important and prosperous. But these southern cities were soon outdone by their st.u.r.dier northern rivals, Pisa, Genoa, Venice.

Pisa, which now lies at the mouth of the Arno like a forsaken mermaid on the sh.o.r.e, is said to have been a free commune before the year 900. She traded east and west; she waged wars with the Saracens, drove them from Sardinia, captured the Balearic Islands (1114), and carried the war into Africa. Rich with booty and commercial gains, she erected (according to a traveller's estimate) ten thousand towers within the city walls, completed her dome-crowned, many-columned, queenly cathedral, and built the attendant baptistery, within whose marble walls musical notes rise and fall, circle and swell, as if angels were singing in mid-air. She received many privileges from the Emperors; her maritime usages were to be respected; she was to enact her own laws, and to judge her citizens.

No Imperial Marquess was to enter Tuscany until he had received approval from twelve men of Pisa, to be elected at a public meeting, called together by the city's bells (1085). She spread her power in the Levant.

Jaffa, Acre, Tripoli, Antioch were in great part under her dominion, and her factories were scattered along the coasts of Syria and Asia Minor.

Further to the north, mounting hillward from her curving bay, lay Genoa the Proud, who for a time was Pisa's ally against the Saracens, and then became her rival and enemy. Genoa, too, was devoted to commerce and established settlements in Constantinople, in the Crimea, in Cyprus and Syria, in Majorca and Tunis. She, too, had obtained from the Empire a charter of munic.i.p.al privileges and was a republic, free in all but name.

Venice, their greater sister, first rivalled and then surpa.s.sed both Pisa and Genoa. She traces her origin to the men who fled from the mainland in fear of Attila and sought refuge on the marshy islands of the coast (452). In later days others fled before the Lombards, and joined the descendants of the earlier refugees. Here, under the nominal government of the Eastern Empire, the Venetians gradually developed strength and independence, and took into their own hands the election of their Doge (697). The city of the _Rivo Alto_, the Venice of to-day, was begun about 800. Thirty years later the body of St. Mark the Evangelist was brought from Alexandria, and the foundations of St. Mark's basilica were laid over his bones. Politically Venice maintained her allegiance, shifting and time-serving though it was, true to Constantinople, not from sentiment, but because Constantinople was the first city in the world, the centre of art, of luxury, of commerce. Indeed, Venice was like a daughter or younger sister to Constantinople; all her old monuments, her mosaics, her sculpture, her marble columns, show her Byzantine inclinations. She took an active part in the Crusades, furnished transports and supplies, and mixed religion, war, and commerce in one profitable whole.

These maritime cities constantly fought one another; Pisa destroyed Amalfi, Genoa ruined Pisa, and Venice finally crippled Genoa. The glory they won was by individual effort; whereas the glory of the Lombard cities is that they effected a union, tardy indeed and imperfect, but successful at last in its purpose of enforcing their liberties against the Imperial claims. These Lombard cities included in their respective dominions the country round about, and were, in fact, except for a negligent Imperial control, little independent republics. It has been a matter of long dispute whether these communes were survivals from old Roman times, or sprung from the love of independence brought in by the Teutonic invaders; whatever their origin they virtually began with trade, rested upon trade, and flourished with trade. This trade, which, beginning between neighbouring cities, extended northward over the Alps, was greatly aided by the maritime cities. Ships called for cargoes. The stimulus imparted by the energy of Venetian, Genoese, and Pisan seamen to manufactures and transalpine trade was felt in every Lombard city.

For instance, the Venetians, eager to carry a wider range of merchandise over sea to Alexandria or Jaffa, held fairs in the inland cities, exposed the wares they had fetched home, and stirred mercantile industry. A burgher cla.s.s of traders and artisans grew up. Men met in the market-place, talked business, considered ways and means, discussed the conditions of production and exchange, and became a shrewd, capable cla.s.s. The moment business expanded beyond the city walls, it b.u.mped into feudal rights at every corner; at every crossroad it found itself enmeshed in feudal prerogatives and privileges. Trade could not endure a system fitted only for a farming community. Trade took men into politics; and in those days politics meant war. The citizens of Milan, Pavia, and neighbouring cities were not wholly unused to civic rights, for they had long had a voice in the election of bishops, and they had their trade guilds. These rights they enlarged whenever they got a chance; and chances came frequently in the quarrels between Emperor and archbishop, or between the greater and lesser n.o.bility. Both sides wanted their support; and they sold it in exchange for privileges, here a little, there a little, and obtained many concessions. Finally, after the burghers had advanced in wealth and social consideration, the petty n.o.bles made common cause with them; and the two combined succeeded in forcing the great lords to join also, and make one general civic union.

These great lords, who had been little tyrants in the country roundabout, were compelled to live within the city walls for part of the year and be hostages for their own good behaviour, and were thus converted from enemies into leading citizens. The consequence of these changes was that the former government by a bishop, which in course of time had supplanted the old Carlovingian system of government by a count, was superseded in its turn by a much more popular form of government. The bishop's authority was narrowly limited, the executive power was lodged in consuls, two or more, who were elected annually, and the legislative power was placed in a general council of the burghers (in Milan not more than fifteen hundred men), and in a small inner council, which represented the aristocratic element. By Barbarossa's time the government of the cities had ceased to be feudal, and had become communal. There was inevitable antagonism between Lombardy and the Holy Roman Empire. The league of Lombard cities embodied the revolt of trade against the feudal system, of merchants against uncertain and excessive taxes, of burghers against foreign princes, in short, general discontent with an outgrown political system.

Barbarossa's war with the Lombard cities lasted for twenty-five years, and for convenience may be divided into two periods,--the period before the cities had learnt the lesson of union and the period after. So long as they were divided by mutual distrust and jealousy, Barbarossa was victorious; when they were united they conquered him.

Barbarossa made his first expedition across the Alps in answer to appeals that had been made to him from various parts of Italy. Como and Lodi complained of Milan; the Popes complained of the insubordinate Romans, who had set up a republic and were going crazy over an heretical republican priest, one Arnold of Brescia; the lord of the little city of Capua complained of the Norman king. Barbarossa, with his lofty notions of Imperial authority and Imperial duty, gathered together an army and descended into Italy to settle all troubles. He began by issuing orders to Milan with regard to her conduct towards Como and Lodi. Milan shut her gates. The proud city and the proud Emperor were at swords' points in a moment. A letter from Barbarossa from his camp near Milan, written to his uncle, Otto of Freysing, briefly narrates the circ.u.mstances: "The Milanese, tricky and proud, came to meet us with a thousand disloyal excuses and reasons, and offered us great sums of money if we would grant them sovereignty over Como and Lodi; and because, without letting ourselves be swayed one jot by their prayers or by their offers, we marched into their territory, they kept us away from their rich lands and made us pa.s.s three whole days in the midst of a desert; until at last, against their wish, we pitched our camp one mile from Milan. Here, after they had refused provisions for which we had offered to pay, we took possession of one of their finest castles, defended by five hundred hors.e.m.e.n, and reduced it to ashes; and our cavalry advanced to the gates of Milan and killed many Milanese and took many prisoners. Then open war broke out between us. When we crossed the river Ticino in order to go to Novara, we captured two bridges which they had fortified with castles, and after the army had crossed, destroyed them. Then we dismantled three of their fortresses ... and after we had celebrated Christmas with great merriment, we marched by way of Vercelli and Turin to the Po; we crossed the river and destroyed the strong city of Chieri, and burned Asti. This done, we laid siege to Tortona, most strongly fortified both by art and nature; and on the third day, having captured the suburbs, we should easily have carried the citadel, if night and stormy weather had not prevented us. At last, after many a.s.saults, many killed, and a piteous slaughter of citizens, we forced the citadel to surrender, not without losing a number of our men."[10]

Such vigour as this reduced Milan and her sister cities to obedience.

But Frederick was not content with raids into Italy and spasmodic punishment administered to this rebellious city or to that; he wished to have the Imperial rights and authority definitely settled on a permanent basis; so he convoked a diet on the plain of Roncaglia, not far from Piacenza, to which he summoned bishops, dukes, marquesses, counts, and other n.o.bles of the realm, four famous jurists from Bologna, and two representatives from each of fourteen Lombard cities. Frederick was a just man; he merely wished his legal rights, and proposed to ascertain what those rights were. The determination was left to the lawyers.

By this time lawyers had already begun to play a part in public affairs.

Roman law had never been lost. For centuries it had remained side by side with the customs of the conquering Barbarians, less as a code of laws than as the tradition of the subject Latin people; and, when the needs of quickening civilization required a more elaborate system of law than custom could supply, there was the Roman law ready for use. It suddenly leaped into general interest, and rivalled the Church as a career for young men. St. Bernard complained that the law of Justinian was ousting the law of G.o.d. In 1088 the great law school of Bologna had been founded. Thither students crowded by thousands; and the opinions of its jurists were received with the deepest respect.

At Roncaglia the body of lawyers appointed to determine Imperial rights, decided, doubtless in accordance with Barbarossa's expectation, in favour of the Imperial side. The feudal n.o.bles were delighted. The archbishop of Milan, the recognized head of the Lombard n.o.bility, said to the Emperor: "Know that every right in the people to make laws has been granted to you; your will is law, as it is said, _Quod Principi placuit legis habet vigorem_ [The Emperor's will has the force of law], since the people have granted to you all authority and sovereignty." In accordance with the spirit of this principle, the _regalia_, tolls, taxes, forfeits, and exactions of various kinds, were defined, and the right to appoint the executive magistrates in the communes adjudged to the Emperor. In substance the decision of the jurists was the restoration of the Imperial rights as they had been under the Ottos, when the communes were in their infancy.

Frederick's legal triumph was complete, but such a decision could only be sustained by force. The cities would not accept it; they preferred war. In the course of one campaign Milan was razed to the ground (1162), so literally, that Frederick dated his letters _post destructionem Mediolani_, "after the destruction of Milan." But the cities at last learned the necessity of union and stood shoulder to shoulder. The Papacy, too, which had been friendly to the Emperor during the insurrections in Rome, turned round and joined the cities against him, and Frederick, in retaliation, set up an anti-pope. Nevertheless, the glory of defeating the Emperor belongs to the cities, and not to the Papacy. The decisive battle was fought near Milan on the field of Legnano (1176).

The arbitrament of the sword reversed the decision of the lawyers at Roncaglia. Frederick frankly accepted defeat. A ceremonious conference was held at Venice. At the portal of St. Mark's, Pope Alexander III, no unworthy successor to Hildebrand, raised up the kneeling Emperor and gave him the kiss of peace. Temporary terms were agreed on, and a few years later the Peace of Constance (1183) definitely closed the war. The Emperor relinquished all but nominal rights of sovereignty over the confederate cities. They were to elect their munic.i.p.al officers, and, with comparatively unimportant exceptions, to administer justice and manage their own affairs. Trade had conquered feudalism. The Middle Ages were near their setting.

No more of Barbarossa's doings need here be chronicled, except what he deemed a brilliant stroke of diplomacy, by which he hoped to unite the crown of the Two Sicilies with the Imperial crown on the head of his son, Henry, and through him on the heads of a long line of Hohenstaufens. The Empire had always a.s.serted a claim to Southern Italy, but its claim had never been made good except during the temporary occupation of an Imperial army; and since the Normans had established their kingdom, Southern Italy had not only been lost to the Empire, but had become the chief prop of the Empire's enemy, the Papacy. If the Empire could acquire Southern Italy, it would hem in the Papacy both south and north, and crush it to obedience. Frederick's son Henry was married to the heiress of the Norman kingdom (1186); and the good Emperor, happy in the prospect before his Imperial line, but happier in that he could not foresee truly, took the cross and led his army towards the Holy Land. He died on the way (1190), leaving behind him a reputation for honour and chivalry, inferior to none left by the German Emperors.

FOOTNOTES:

[10] _Storia d'Italia_, Cappelletti, pp. 99, 100.