No More Learning

364 (#410) ############################################

364
Lothar III and the schism
pomp, while the king acted as his squire and held the bridle of his horse;
then the Pope solemnly placed the royal crown on the heads of Lothar
and of his wife Richenza. At the meeting at Liège it was settled that
Lothar should proceed to Rome to receive the imperial crown, and to
recover for Innocent the city from the anti-Pope. Taking the oppor-
tunity, Lothar attempted to re-open the question of Investitures, and to
recover the advantages which the Empire had lost; but he met with
a firm resistance, and St Bernard, along with the German prelates who
were in favour of the rights of the Church, supported the Pope. Lothar
understood that it would be unwise to insist, and was obliged to yield
and abandon the attempt.
The schism could now be considered as overcome in the main; but
Anacletus had still sufficient strength to resist the recognised Pope. The
cities of north and central Italy, intent on their special interests, had not
been much excited over the schism, but sided in general with Innocent,
with the exception of Milan, which favoured Anacletus more owing to its
political opposition to Lothar than for any other reason. Yet Anacletus
was master of Rome, and, strongly established there, had turned to the
south for aid and become closely allied to Roger of Sicily. The shrewd
Norinan was not slow to see the profit which he could gain from this
alliance. He met Anacletus at Avellino on 27 September 1130, and, in
return for an annual tribute in recognition of the papal suzerainty,
obtained the title of "King of Sicily and of the Duchies of Apulia and
Calabria. ” Thus the foundation of a southern monarchy, to which
Honorius II had formerly agreed with reluctance, was now consecrated by
the concessions of an anti-Pope, which in the sequel were to be confirmed
and permanently recognised by the legitimate pontifical authority.
Although the state of the German kingdom was anything but quiet,
it was indispensable that Lothar should turn his thoughts to Italy, and,
after making his authority prevail there, come back to Germany with
the prestige and strength which the imperial crown would gain him. In
the summer of 1132 he started; but the harassing circumstances of
the time did not allow him to collect a strong army. Accompanied
by Queen Richenza, he passed the Alps and descended into Italy. From
the first, owing to the scanty forces at his disposal and the hostility of
powerful communes like Verona and Milan, he could make little show of
authority. He attempted in vain to subdue Crema, and, after having lost
a month in the useless siege, had to cross Lombardy warily, avoiding the
places which shewed themselves hostile and approaching those cities
which favoured him more by reason of their enmity to Milan than
because of their reverence for the Empire. In November, he met Innocent,
who had preceded him to Lombardy, and on the plain of Roncaglia held
a diet, in which he consulted on the general condition of the Church and
the Empire with the Pope and such Lombards as had answered his
summons. Together with the Pope he marched from Piacenza towards


## p. 365 (#411) ############################################

Lothar at Rome
365
Rome, slowly journeying amid populations which greeted him with
coldness or hostility. His position could have become very dangerous, if
Roger II had been in a condition to face him and annihilate his forces
at one blow, and so assure Rome to Anacletus and to himself the
unquestioned recognition of his kingdom of Sicily. But in the summer
of 1132 a revolt of the barons of the Regno', followed by a severe defeat,
put Roger's crown in peril; he was obliged to withdraw to Sicily to pre-
pare a reaction, whilst Benevento, rebelling against Anacletus, opened its
gates to the legates of Innocent II. Even with this advantage, however,
the Pope and Lothar were in the midst of great difficulties, and the
advance towards Rome proceeded most slowly. Quitting Lothar, the
Pope went to Pisa, where, aided at Genoa by St Bernard, he succeeded
with much ado in composing a peace between the Pisans and Genoese,
which assured him the assistance of the two rival sea-powers. He joined
the king again at Viterbo, and went thence with him to Rome. Some
attempts of Anacletus to justify his claim before Lothar gave rise to
negotiations which had no success.
Lothar remained some weeks at Rome, while these negotiations
continued ; perhaps he and Innocent craftily hoped to gain by them
possession of the church of St Peter, and to perform there according to
ancient custom the ceremony of coronation. But St Peter's, like the
greater part of the city, remained in the hands of Anacletus and his
partisans. On 4 June 1133 Lothar and Richenza assumed the imperial
crown in the Lateran, after Lothar had taken the customary oath to the
Pope and guaranteed the privileges of the city. The aid given to
Innocent in Rome had amounted to very little, and a longer stay in
Italy was impossible for Lothar, who was obliged at once to think of his
return. Before separating, however, Pope and Emperor confirmed in
substance the Concordat of Worms, and came to an agreement over their
respective claims to the inheritance of Countess Matilda. The Pope
conceded the use of it to Lothar and his son-in-law Henry, Duke of
Bavaria, for their lifetime; they were to hold it of the Church, to which
it should return at their deaths. Thus Matilda's lands were held by the
Emperor as a fief from the Pope. Morally the Papacy rose ever higher
in comparison with the Empire. The coronation and its significance
were commemorated in a painting placed in the Lateran, which repre-
sented Lothar at the feet of the Pope at the moment of receiving the
crown; and beneath it were to be read these two lines, which were later
to give rise to bitter complaints, for they contained a bold assertion of
the complete supremacy of the Papacy:
Rex stetit ante fores, iurans prius Urbis honores;
Post homo fit Papae, sumit quo dante coronam.
1 We adopt on occasion the convenient Italian use of “the Regno (Kingdom)” as
a general name for “the kingdom of Sicily, and of the duchies of Apulia and Cala-
bria,” to avoid unnecessary confusion with the island of Sicily.
сH. XI.


## p. 366 (#412) ############################################

366
Lothar's second expedition
The return of Lothar to Germany left Innocent II in an extremely
perilous situation in Rome, confined as he was within a small district of
the city, and almost besieged by the powerful Anacletus and his more
numerous partisans. King Roger, with fresh troops collected in Sicily, had
returned, victorious and menacing, to Apulia. Thereon Innocent was forced
once more to flee from Rome and take refuge at Pisa. But his situation was
far from being desperate. Their jealousy of Roger's sea-power silenced for
a moment the rivalry of Genoa and Pisa, and united the two republics in
favour of Innocent, who therefore met with an honourable reception at
Pisa, and there held a synod. Although an exile from his see, he
was now universally recognised as head of Christendom, and the little
opposition that was left continually decreased. Even the Milanese
yielded to the fiery fascination of St Bernard, who had visited them ;
they came over to Innocent's side, and abandoned their Archbishop,
Anselm Pusterla. The schism, now confined to Rome and South Italy,
could not have long duration.
The auguries were more propitious for Lothar in Germany, and, now
that his prestige was increased by the imperial crown, the current of
opinion flowed in his favour. Neither Conrad of Hohenstaufen in Italy
nor his brother Frederick in Germany had succeeded in gaining the
upper hand, in spite of the faction-discords which disturbed Germany
and weakened the royal power. An energetic campaign soon compelled
Frederick of Swabia, and then Conrad, to submit. The Emperor shewed
generosity to them. He left them in possession of their lands and honours
on condition that they accompanied him in his second descent into Italy;
thither the Pope had recalled him, and he himself felt the need of re-
turning in order to establish his authority in Lombardy and to destroy
the power of Roger.
With German affairs thus settled, the Emperor, in a diet held at
Spires at the beginning of 1136, announced his approaching expedition
to Italy, and devoted himself to the preparations. In August he left
Germany, and, by the Brenner Pass, descended into the Valley of Trent with
a great following of soldiers and barons, chief among them Conrad of
Hohenstaufen, who was now high in his favour. Faced by such great
forces, the Lombard cities did not offer any noteworthy resistance, and
Lothar could traverse Upper Italy, meeting no ill reception, and making
the fear of his authority and the advantages of his protection felt both
by hostile and friendly districts.
But, far more than Upper Italy, the Emperor, incited by Venice
and by the Byzantine Court, which were jealous of Roger's growing
power by sea, aimed at the South, where he was ambitious of re-
viving the power of the Empire after the fashion of Otto the Great
and Henry III. Dividing his army into two corps, he entrusted one to
his son-in-law Henry, Duke of Bavaria, who with three thousand men-
at-arms was to restore throughout Tuscany the imperial authority, and


## p. 367 (#413) ############################################

Alliance with Innocent II against the Normans
367
then together with the Pope to pass through the States of the Church.
Meanwhile, the Emperor with the main body was to reach Apulia by the
eastern route through the March of Ancona, and there to meet the other
corps. The two armies both made their strength severely felt on the
districts they traversed, wasting them and compelling them to submit.
Duke Henry met the Pope and marched with him southwards without
touching at Rome, so as not to delay the enterprise against Roger. The
Emperor and the Pope in their victorious career joined forces at Bari at
the end of May 1137, and the submission of Bari decided that of a great
part of Apulia and Calabria. Meanwhile, the ships of Pisa and Amalfi
attacked the coastal cities and especially Salerno, but a dispute which
arose between the Pisans and the Pope and Emperor prevented the capture
of the fortress of Salerno, which remained in the hands of Roger's
garrison. Roger, feeling that he could not repel this impetuous invasion,
had retired to Sicily to await events and the opportune moment. The
Pope and the Emperor, thus become masters of South Italy, thought
of entrusting the duchy of Apulia to Rainulf, Count of Alife, whose
strength and fidelity, they were sure, would hold the duchy against
Roger. But at the moment of investing him there broke out a grave
dissension between Lothar and Innocent, which marked once again how
delicate and difficult the relations between Pope and Emperor always
were, even when they most sought to act in accord. Each of them claimed
the suzerainty over the reconquered lands and the right of investing
Rainulf. It was a bitter dispute which lasted almost a month, and was
finally removed by a kind of simultaneous double investiture. Pope and
Emperor, each holding at the same time the symbolic banner of investi-
ture, gave it together to Rainulf. And this was not the only cause of
dissension which arose at this time, when the interests of the moment
were able to lull, but not to extinguish, the profound antagonisms which
lay hid in the relations between the Empire and the Church.
In September 1137 Innocent and Lothar started on their return.
Re-entering Roman territory, they proceeded to the monastery of Farfa
in Sabina, and Lothar continued his way to Germany. Like many other
imperial expeditions in Italy, that of Lothar did not leave behind it
durable results, but it had served to recall to men's minds the authority
of the Empire, and had secured to the Pope the means of re-entering
Rome and putting an end to the schism. It seemed that Lothar, on his
return to Germany, would be able to extend his power and guide with
confidence the fortunes of the Empire. But those fortunes were about
to be entrusted to other hands. Scarcely had he surmounted the Alps,
when the old Emperor died on his march through the Tyrol on 4 December
1137, and the Empire again lacked a ruler. The fear of a fresh civil war,
and the suspicions which the power of Lothar's son-in-law, Henry of
Bavaria, aroused, smoothed the way for Conrad of Hohenstaufen, who
was elected King of the Romans on 7 March 1138 and on 13 March wsa
CH, XI.


## p. 368 (#414) ############################################

368
Success of Roger II
crowned at Aix-la-Chapelle. With him began that powerful dynasty
which was to exercise so unique an influence on the history of Italy.
The abasement of Roger's power had so lamed the strength of the
Pierleoni that the Frangipani, getting the upper hand once more, could
lead back Innocent II and give him again authority in Rome; while the
eloquence of St Bernard aided the Pontiff to blot out the last traces of
the schism and was detaching from the anti-Pope Anacletus the adherents
who were left him. Meantime, scarcely had Lothar gone, before Roger left
Sicily and disembarked his forces at Salerno, bent on recovering his lost
lands. The new Duke of Apulia attacked and routed him; but Roger
did not therefore give up his enterprise. St Bernard, meanwhile, visited
him, and sought to induce him to abandon the anti-Pope; and Roger,
seeing the profit to be gained, proposed a conference of three cardinals
of Innocent and three of Anacletus to discuss the proposals on each side.
The conference took place, and St Bernard succeeded in detaching from
Anacletus his most authoritative and best reputed partisan, Cardinal
Peter Pisano. With this desertion the schism could be said to be at
an end; but the crafty Roger did not yet abandon Anacletus, and,
when the anti-Pope died (25 January 1138), caused the few remaining
schismatic cardinals to elect a new anti-Pope, who took the name of
Victor IV; but he held out only a little time, and was soon obliged to
renounce his pretensions. Roger continued the contest, though avoiding
a pitched battle, and throughout 1138 South Italy was desolated by the
war. Next year, fortune became favourable to the King of Sicily. The
death of Duke Rainulf removed the most formidable of his competitors,
and he could more energetically undertake the recovery of the Regno.
Innocent II, after he had held a council (the Second Lateran), in which
he annulled all the appointments made by Anacletus and with his own
hands stripped the schismatic bishops of the ensigns of their dignity,
marched in arms against Roger, who surrounded him, took him prisoner,
and, shewing him great respect, treated with him for peace. The Pope was
compelled to recognise Roger's royal dignity and to confirm as valid all
the concessions he had obtained from Anacletus. Thus ended the war
between the Pope and the Norman prince; Innocent, like Leo IX, re-
turned humiliated to Rome; there new mutations awaited him.
That tendency which had already raised to such strength the cities
of Lombardy and Central Italy, and had caused municipal life and
liberties to grow so exuberantly in them, began to make itself felt in
Rome also, although the city was under different conditions, which were
not favourable to the development of a potent communal life. Situated
in the midst of a region rendered unhealthy by long neglect and not made
prosperous by agriculture or trade, torn by the factions of a rude and
powerful nobility, in theory the seat of the Empire which still claimed
its rights over it, and lastly the seat of the Popes who considered it as
their patrimony and subject to their rule, Rome could with difficulty


## p. 369 (#415) ############################################

Communal rising at Rome
369
produce a commune which would be capable of rising to the dignity and
strength of an independent State. But the spirit which animated other
cities had also entered into Rome, and made it feel more vividly the
desire of asserting itself, especially when causes of dissension arose between
the citizens and the Pope. In the last years of Innocent this spirit of
independence flamed out more hotly, and caused the beginning of a new
and not inglorious period in the life of the commune.
Little by little, amid the factions which split up the great baronial
families, and under the insecure rule of the Popes, there had gradually
formed in Rome a kind of lesser nobility, which had similar interests to
the people's, and thereby, in alliance with the people, gathered strength.
From it the people acquired a consciousness of itself and of its civil rights.
The re-awakening of the ideas of antiquity, which began to spread widely
in Italy at this time, could not be without influence in Rome, where the
memory of ancient greatness had been a vain but continual regret
through the centuries. The union of the people with the growing minor
nobility had furthered the organising of their forces, of which even the
Popes had sometimes made use.
The Romans had favoured Innocent II's enterprise against Roger, and
when the Pope was compelled to make peace they, in discontent, wished
the Pope to tear up the treaty to which he had been forced to subscribe
when he was a prisoner at the mercy of his conqueror. Innocent did not
agree, and the Romans were irritated; but a graver cause of dissension
became manifest soon afterwards in a question which touched them more
nearly. Among all the surrounding districts, Rome was specially hostile
to Tivoli. In 1141, to subdue this city, the Pope sent the Romans to
besiege it; they were driven back and withdrew from the siege, meditating
revenge. When they returned to the attack, Tivoli surrendered to the
Pope, who concluded peace without consulting Rome, and Rome, aflame
with wrath, demanded of the Pope that he should dismantle and com-
pletely destroy the rival town. The Pope would not yield, and there
followed a revolution which changed the state of the city.
The insurgent Romans, in 1143, proclaimed on the Capitol the
constitution of the republic, “renewed” the Senate', excluding therefrom
the Prefect, the ancient warden of order, and almost all the greater
nobility, although they may have had Jordan Pierleoni, a brother of
Anacletus, as their leader. While they declared that they recognised the
imperial authority which was far away and not too burdensome, they
asserted especially their independence of the Pope, whom they wished to
be despoiled of his temporalities, saying that he ought to live on offerings
1 It is disputed whether the term “Senators,” when it occurs before 1143, denotes
really a consultative assembly or is merely a collective term for the greater nobles.
See L. Halphen, Études sur l'administration de Rome au moyen âge (751-1252),
who decides for the second alternative. The passage in the text has been slightly
revised in view of M. Halphen's work.
C. MED. H. VOL. V. CH. XI.
24


## p. 370 (#416) ############################################

370
Victory of the commune
and tithes. In these straits Innocent died (24 September 1143); he was
succeeded in the space of a few months first by Celestine II and then by
Lucius II, who wrote to King Conrad, stating his grievances against the
Romans, and asking for his protection. The Romans meanwhile (1144)
raised Jordan Pierleoni to the, perhaps dictatorial, office of Patrician,
a reminiscence of the days of the Crescentii. Lucius even attempted to
take the Capitol by force and overturn the Senate; but he was repulsed,
and one report says that he was wounded with a stone during the
attack. Shortly afterwards he died, worn-out and discouraged, on
15 February 1145.
Terrified amid the armed Romans, the cardinals immediately agreed
on the election of the Pisan Bernard, Abbot of Sant' Anastasio ad Aquas
Salvias, a disciple of St Bernard; he was very apprehensive at his election,
and to the cardinals who chose him he wrote in wonder and fear lest he
should be unequal to the heavy burden in such difficult times. He took
the name of Eugenius III, and shewed as time went on much greater
capacity in the government of the Church than St Bernard had suspected.
Hardly was he elected when he was obliged to quit the city, which rioted
for the recognition of the Senate and the Republic. He was consecrated
in the monastery of Farfa, and then betook himself to Viterbo, while
Rome consolidated its new state and rendered for the moment his return
impossible.
The constitution of the republic did not, however, imply in the mind
of the Romans the cessation of the idea of an imperial and papal Rome,
which to the thought of medieval Christendom was, so to say, the pivot
of the social unity of mankind. In fact, the Romans desired to shake off
the yoke of the Pope's temporal sovereignty, and to live as a free com-
mune; they associated with the idea of independence the vast and
confused memories of the greatness of the Empire in which they placed
their pride, without being aware that the Empire was now German, and
that the glorious name of Rome served to cover the German pretensions
to rule in Italy. These feelings of the Romans found characteristic
expression in a letter which they addressed later to King Conrad, inviting
him to come to Rome to receive the imperial crown, and there to take
up his residence.
“ All that we do," they wrote, “we do for your honour and in fealty
to you. ” And they assured him that they had restored the Senate
in order to exalt the Empire to the rank it held in the times of
Constantine and Justinian, and that they had destroyed the houses and
towers of the barons of the city who were preparing to resist the
Empire in alliance with the Pope and the King of Sicily. None the less
the Romans soon began to experience the difficulty of realising their
intentions. The Pope found aid in the jealous distrust inspired by
the new-born republic, which desired to extend its supremacy outside
Rome and to dominate its neighbours. The imperilled cities round, and


## p. 371 (#417) ############################################

L
Papal appeal to Germany
371
the high Roman nobility threatened in its possessions in the Campagna,
whence it drew its strength, all joined the papal side. The city was
obliged to yield to their united forces, receive the Pope anew within its
walls, restore the authority of the Prefect, and recognise the sovereignty
of the Church. Thus at the close of 1145 the Pope could re-enter Rome
and there celebrate Christmas with solemn pomp; yet he, too, had not
the strength to maintain himself. In spite of the concessions it had made,
the new republic remained firmly seated on the Capitol, and the authority
of the Senate continued to hold its own in face of the Pope. New dis-
sensions soon broke out, and Eugenius, unable to make his will prevail,
was constrained after a few months to abandon the city a second time,
and repair again to Viterbo, whence he betook himself to Pisa.
This second exile shewed clearly that Eugenius could not hope that
his throne in Rome would be stable without Conrad's help; and so he
would have wished the king to hasten to Italy for the imperial coronation.
But the king was preoccupied with German affairs, and, without refusing
point-blank, avoided giving a definite reply; he continued to defer it,
unmoved even by the fiery appeal of St Bernard, who exhorted him to go
to defend the Church against the Roman people, a people accursed and
riotous, incapable of rightly measuring their own strength, who in their
folly and rage had attempted a great sacrilege. In spite of the exhorta-
tions of Bernard, who warned him not to listen to opposite counsels,
Conrad, who had his own plans with regard to Italian affairs, continued
to temporise. He aimed at linking his expedition to Italy with an
entente with Constantinople, and perhaps too he was not wholly grieved
at seeing the Pope entangled in difficulties, and reduced to such conditions
as rendered the royal position towards him now far more favourable than
had been that of Lothar towards Honorius and Innocent.
Meanwhile, the breach between the Romans and the Pope became
ever wider and deeper. A remarkable man had appeared among them to
fire them with his own passionate ardour for citizen liberty and the
reform of the Church. This was Arnold of Brescia, who for some time
1
both in Italy and beyond the Alps had in perfervid discourses championed
new ideas, full of peril according to many, on the state of the Church
and its reform. The renascence of philosophical ideas and of classical
culture, which developed so swiftly and widely in Europe at the dawn of
the twelfth century, stirred in men's minds, and incited them to debate
problems and intellectual novelties which disquieted them and alarmed
the guardians of the recognised religious and social doctrines. After
early studies in Italy Arnold had gone to Paris and become a disciple of
Abelard; he had been his devoted follower, and had shared his disasters
with a tenacious faith and a firmness of character greater than his
master's. But an apostolic fervour which summoned him to action was
stronger in him than Abelard's spirit of subtle enquiry. Perhaps, living
among the people as he did, he loved and welcomed their favour; but he
CH, x.
24-2


## p. 372 (#418) ############################################

372
Arnold of Brescia
felt to the core a holy zeal for liberty and the purification of the Church,
and persecutions and obstacles only inflamed it the more. Pious, pure,
and austere, his greatest adversaries bore unanimous witness to the
sanctity of his life, while they combated his doctrines and his actions.
“Would that he were of sound doctrine," exclaimed St Bernard, “as he
is austere in life! A man who neither eats nor drinks, he only, like the
Devil, hungers and thirsts for the blood of souls. " It does not appear
that his eloquence was turned against dogmas. Only one contemporary,
Otto of Freising, relates an uncertain rumour, that he did not think
rightly concerning the sacrament of the altar and infant baptism; and
the story of his last hours could perhaps raise a doubt on his doctrine
with regard to confession. Rather than at doctrine he aimed at discipline.
He vehemently attacked the clergy, denied to clerics and monks the right
to possess property, and to bishops the right to the regulia; he bitterly
denounced the way of life of the ecclesiastics. In the Lateran Council
of 1139 Innocent II had blamed him, and condemned him to silence.
Forced to leave Brescia, he had returned to France, and had been an
unshakeable defender of his master Abelard in opposition to St Bernard,
who became his enemy.
When Abelard yielded before his mighty adversary, Arnold continued
the struggle at Sainte-Geneviève among poor students, and probably
mingled with his teaching violent invectives against the corruption of
the clergy. He could not resist for long in France, but betook himself
to Zurich, where he found new followers and new persecutions, and thence
joined the train of Cardinal Guido, legate in Germany, who protected
him. He returned with the cardinal to Italy, and at Viterbo saw
Eugenius III, who absolved him and prescribed as his penance a pilgrimage
to the graves of the Apostles and to the churches of Rome.
The place was not adapted for the hoped-for repentance of Arnold;
the Pope had sent fire to a volcano. At that time Rome was both the
most fertile soil in which he could sow the seed of his doctrines, and
itself a stimulus and inspiration for the thoughts which dominated his
life. The heights of the Capitoline hill, sacred to history, and the ruins
of the Forum, the ancient churches and the graves of the martyrs in the
catacombs, must have spoken a mysterious language to the soul of Arnold
of Brescia, and have called him to his mission with energy renewed. The
republican movement and the Patarine traditions diffused among the
people in Lombardy found their consecration in Rome from the history
told by her ruins, and from the churches and sacred memories of Rome
the spirit and the humility of primitive Christianity seemed to ask of
God a reform to free the Papacy from worldly interests and mundane
pomp. The fervid, vehement words of the Brescian apostle fascinated the
Romans, ever ready listeners to eloquence which evoked the memories
of their past greatness. The republic was strengthened by him, and he
had a large share in the counsels and regulation of the city. To the


## p. 373 (#419) ############################################

Proclamation of the Second Crusade
373
Senate already constituted there was added, in name at least, an equestrian
order' probably composed of the lesser nobility and richer citizens; and
thus there was created at Rome, in imitation of the Lombard republics,
a nucleus of picked militia ; the Capitol was fortified; and the constitu-
tion of Rome became in substance similar to that of the other Italian
communes.
Rome's example was followed in the surrounding territory: other
communes began to be organised in the Patrimony of the Church, and
rendered the position of the Pope with regard to Rome ever more
difficult. But for the moment the Papacy was obliged to direct its
solicitude elsewhere. The Muslim power, which had been checked in its
career by the First Crusade, again appeared threatening and awoke
anxiety in Europe, and with the anxiety almost a fever of desire for a new
crusade. The discords between the Christian rulers in the East, the close
neighbours of the Musulmans, had borne their natural fruit, and opened
to the Saracens the way to the re-conquest of the lands torn from them
by the First Crusade. Zangi, a resolute and bold Muslim warrior, led
the attack, to which the Christians could not oppose an efficacious
barrier. When Edessa fell into Zangi's hands at the end of 1144, a bul-
wark was lost without which all the Christian Levant was placed in grave
peril. It seemed evident that, if Antioch, too, was taken, Jerusalem itself
would not be safe, and perhaps all the work of the First Crusade would
totter and crumble to nothing. The weak and discordant Christian
princes turned anxiously to the West for aid; they sounded the alarm
and called Europe to the defence of Christendom. France more especially
felt the force of this appeal, and shewed herself inclined to respond
to it with the same élan as to that for the First Crusade. Eugenius
received at Viterbo messages from the Levant, and understood that now
was the moment for him to imitate Urban II's example, and summon
Christendom to the counter-attack. He was the more willing to do so
because he hoped that the movement he was about to initiate might serve
also to bring the Eastern Churches closer to Rome. He turned first to
France, where the king, Louis VII, and his people were easily gained
over, although his chief and wisest minister, Abbot Suger, was against
the enterprise. The Crusade was decided on, and the king took the
Cross. The Pope, involved in his struggle with the Romans, could not
go at once to France, and entrusted to St Bernard the preaching of
the Crusade. Convinced that he spoke by divine inspiration, the Saint
infused in others his own conviction, and the enthusiasm he evoked sur-
passed all expectation; it seemed a miracle. “Cities and castles are
emptied,” he wrote to Eugenius III, "and there is not left one man
1 Does this classic name (Otto Frising. , Gesta Friderici I imp. 1, 28, ed. Waitz-
Simson, SGUS, p. 41) cover a reform of the ancient scholae of the militia, or the
institution of the body of Councillors, Consiliarii, who at Rome represented the
Great Council of other Italian communes ?
CH, xi.


## p. 374 (#420) ############################################

374
The hesitations of the Pope
to seven women, and everywhere there are widows of still living
husbands. "
It was needful that the ardour of Germany should correspond to that
of France, and Bernard hoped to revive it by his eloquence and to induce
King Conrad to take the Cross and join with the King of France in the
great enterprise. In a first interview at Frankfort at the end of
November 1146, he was unable, although honoured on all hands, to win
Conrad to take the crusading vow. At the close of December he met the
king again at Spires and returned to the charge.
At first Conrad resisted:
the internal troubles of Germany, his delicate relations with Constanti-
nople and Roger of Sicily, made him hesitate to embark on an adventure
so far from his realm. But he was carried away by the general excitement;
and at a solemn service in the cathedral, in answer to an unpremeditated
exhortation of St Bernard, he took the Cross. The German nobles vied
with one another in following their sovereign's example, among them his
nephew, the young Frederick of Swabia, who thus took the first step in
a career destined to enrol his name amid the greatest and most glorious
of Germany
Although Eugenius was himself on the point of crossing the Alps to
increase the impetus of the Crusade and watch over the great expedition,
he did not share the joy of St Bernard when he knew that Conrad had
yielded to the Saint's inspiration and was preparing to leave Europe.
Although the peril of the Holy Places moved the Pontiff, not even that
made him forget the circumstances of the Papacy in Rome and Italy,
and the necessity of the speedy and sure help which at that moment he
hoped for from Germany. Conrad's absence could not be short, and the
needs of the Pope were pressing. Further, Eugenius could easily foresee
that this absence would weaken still more the imperial authority in
North and Central Italy. Here the cities continued in perpetual war
with one another; but they did not seem to be enfeebled thereby, and
the spirit of civic liberties did not only nourish in them the sentiment of
independence towards the imperial claims. Among the people and the
lower clergy there were growing sentiments of independence towards
ecclesiastical authority, which disturbed the Pope and had caused him
several times to call the attention of the bishops, especially in Lombardy,
to these, and to exhort them to deal sternly with the dangerous novelties
which crept into their dioceses. And from the Crusade there might arise
between the crusading monarchs, the Eastern Emperor, and Roger of
Sicily relations not devoid of disquiet to the Pope. King Roger, most
sagacious, ambitious, and ready to snatch every opportunity to assure and
enlarge his power, sought to draw profit from the Crusade. To the
request of the King of France he replied with large proffers of ships and
victuals, offering to join the Crusade in person or to send one of his
sons; but like proffers were also made by the Emperor Manuel Comnenus,
and were accepted, much to Roger's annoyance, who desired to draw the


## p. 375 (#421) ############################################

Reaction of the Crusade on Italy
375
לל
King of France to himself and separate him from Conrad in the Eastern
enterprise. He knew that Conrad was in secret treaty with the Emperor
Manuel for an alliance against himself, and he wished to isolate him.
His envoys left France predicting the harm that the fraud of the Greeks
would occasion to the crusaders, and they were not false prophets.
Eugenius III, who had set out for France, sent messengers to Conrad
with letters in which he could not refrain from complaining that the king
had decided to take the Cross without consulting him. Conrad justified
himself by alleging the irresistible impulse to which he had suddenly
yielded. “The Holy Ghost,” he wrote to the Pope, “Who breatheth
where He listeth, Who cometh on a sudden, did not allow me to delay
that I might take your counsel or that of any other, but in a moment
touched my heart to follow Him. " Understanding that the Pope needed
reassuring, he announced to him that he had made arrangements for the
time of his absence, and had had his son Henry crowned king, who
would govern in his stead; he invited the Pope to proceed to Germany
from France for an interview with him, and to treat personally of the
affairs of the realm and the Crusade.
Eugenius did not accept the invitation, but he could not undo what
had been done, and it only remained for him to push on events in the
best manner possible. He met Louis VII in France, and had leisure to
confer with him before he started for the expedition, on which Conrad III
had already preceded him. But the history of this disastrous Crusade
does not belong to this chapter; and we must contine ourselves to
recording the consequences it had for Italy and the relations of the
Empire and the Papacy.
The chief reaction on Italy from the Crusade was felt in its relations
with the Byzantine Empire and with the African coasts of the Mediter-
ranean. King Roger of Sicily did not fail to seize the occasion of draw-
ing advantage from a movement which was bound to occupy the forces
and the solicitude of the Emperor Manuel Comnenus. The continuous
increase of Roger's power had been from its commencement a cause of
suspicion and disquietude to the Byzantine monarchs, who saw in it a
menace to their possessions and influence in the Adriatic, and also
looked on the steady expansion of the Sicilian domination on the African
coasts and Roger's pretensions to the principality of Antioch as perilous
to themselves. The policy of the Comneni necessarily tended to oppose
the ambitions of the Norman prince, and to try if it were possible to
wreck them and substitute for his realm a restored Byzantine dominion,
or at least a marked influence, in South Italy. Roger, aware of this
policy, and of the negotiations for an alliance against him which had
several times taken place between Manuel and Conrad III, thought that
it was time to act. Preparing a powerful feet, he undertook an energetic
expedition by sea, seized on and fortified Corfù, and placed there a
Norman garrison to secure its permanent possession. Setting sail again,
OH. XI.


## p. 376 (#422) ############################################

376
Diplomacy of the Emperor Manuel I
he became master of Cape Malea and the island of Cerigo, both of which
he also fortified; then, penetrating the Gulf of Corinth, his troops
sacked Corinth, and marching by land reached Thebes, which underwent
the same fate. From Thebes, which then was flourishing through the
silk manufacture, he took not only plunder but some artificers, who were
brought to Sicily and afterwards aided there in the development of the
silk industry. Having thus displayed its standards in the Grecian seas,
Roger's fleet, loaded with booty, returned to Sicily about the beginning
of 1148.
The Emperor Manuel Comnenus was grievously and profoundly
moved by these events, and he actively bestirred himself in devising a
remedy. After his overtures for an alliance with Louis VII, who was
still in Asia, had failed, he turned with better results to the Venetians,
who also took umbrage at the growing extension of the Norman power
in the Adriatic and willingly became his allies. The result of this alliance
was a long and chequered sea-campaign, in which Manuel succeeded in
recovering Corfù (summer of 1149). Encouraged by this success, Manuel
thought of closing on Roger and realising his plans in South Italy.
After the disastrous ending of the Crusade, the Byzantine Emperor
turned with many blandishments to Conrad III, whose presence in the
East no longer inspired him with any fear, and renewed and com-
pleted the negotiations for an alliance which had been often begun
and interrupted. It was a formidable league, and Roger, who saw the
danger, employed all his sagacity to hinder its effects and to turn it from
himself. Profiting by the inner dissensions of Germany, he attempted,
even by giving subsidies, to raise against Conrad a league of German
barons, which should force the King of the Romans, immediately on his
return to Europe, to hasten to Germany and turn away from any
enterprise against Sicily. At the same time Roger sought a rapproche-
ment with the papal party at Rome by means of its chief, the powerful
baron Cencio Frangipane. Thus he might separate from Conrad the
Pope, who was displeased with the Byzantine alliance, and induce him
to favour the German barons, who were opposed to their sovereign.
The history of the relations of the Popes with their Norman neigh-
bours consists of an alternation of hostility and rapprochements occasioned
by the perpetual alternation of the mutual distrust and political necessities
of the two parties. Eugenius III, after the departure of the crusaders
for the Holy Land, had sojourned in France and Germany, occupied
with the ecclesiastical affairs of the two countries, and awaiting the
opportune moment for re-entering Italy. He held several councils, and
in them, especially at Rheims where the opinions of Bishop Gilbert
de la Porrée were laboriously discussed, there was manifested all the
anxiety of the Church to secure the orthodoxy of theological doctrines
from the subtle perils which were created by the extension of philo-
sophic thought, by a pronounced tendency towards investigation, and


## p. 377 (#423) ############################################

The Pope and Roger II
377
by a bold and restless desire for speculation. Meanwhile, there arrived
gloomy news from the East. The disastrous result of the Crusade, pro-
claimed with such assurance of victory, as if God Himself had directly
inspired its initiation, turned against Eugenius and St Bernard the
minds of the peoples who most felt the weight of the calamity. Eugenius
saw that a sojourn in France and Germany, both embittered by their
disillusion, was no longer suitable for him, and took the road for return.
In July 1148 he held a council at Cremona, in which he confirmed the
decrees of the Council of Rheims. It is probable that in it he also treated
of the conditions of the Church of Rome, where Arnold of Brescia was
exercising his influence. Certain it is that a few days later at Brescia the
Pope, in a warning addressed to the Roman clergy, complained that
some Roman ecclesiastics, following the errors of the schismatic Arnold,
were refusing obedience to the cardinals and their other superiors; and
he ordered that all contact with Arnold should be avoided. Thus from
the moment he put foot again in Italy, Eugenius aimed at Rome, and
frankly renewed the struggle.
Quitting Lombardy in October 1148, the Pope halted some time at
his native city of Pisa, which he drew to his support for his imminent
action against Rome, and then went to resume his residence at Viterbo.
The league concluded between Manuel Comnenus and Conrad troubled
him, and, on the other hand, he was oppressed by the necessity of
prompt aid to return to his see. Roger of Sicily, wholly intent on his secret
manoeuvres against Conrad, found at this moment a readier hearing from
the Pope. Eugenius, supported by the Frangipani and the other Roman
barons, who were impatient of the rule of the democracy in the Capitol,
had at great expense collected troops to attempt the re-conquest of
Rome. To gain the Pope for his schemes, Roger offered him a contingent
in aid; but in spite of this rapprochement, it is not easy to say how far
the Pope shewed himself disposed to support the King of Sicily and the
German barons who were conspiring against Conrad. Undoubtedly
Eugenius, while outwardly reconciled to his powerful neighbour, was
obliged to be reserved and wary. Nor did he abandon his reserve when
the King of France, on his return by way of Roger's dominions from
the Crusade, met him at Tusculum, and disclosed to him the project
of a new crusade, including the formation of a league destined to strike
at the heart of the Byzantine Empire, which Louis VII held to be the
principal cause of his own disasters. The diplomacy of the Roman Curia
saw at once that such a league would increase Roger's power too much,
and let the proposal drop. Nevertheless, ever intent on regaining full
possession of Rome, Eugenius with the help of the soldiers of the Sicilian
king succeeded in seating himself by force in the Lateran; but the
Roman Senate did not therefore submit, and maintained its power in the
face of the Pope: it upheld the rights it had acquired and its protection
of Arnold of Brescia, who remained in the city.
CH, .


## p. 378 (#424) ############################################

378
The attitude of Conrad III
Meanwhile, scarcely had Conrad III left the East, when he moved with
the greatest speed towards Germany with a view to restoring order to the
realm, vexed by dissensions and revolt. Shortly after his arrival he was
attacked by an illness which lasted six months; but his presence induced
an improvement, and a defeat which his son, the young King Henry,
inflicted on the rebel barons (1 February 1150) secured the fortunes of
the kingship and raised its diminished prestige. There then began a very
active interchange of diplomatic moves, which tended both to form and
to break up alliances, to insinuate and to dissipate distrust and suspicion.
Conrad, fixed in the idea of destroying Roger's power, endeavoured to
confirm the agreement made with Manuel Comnenus for common action
in South Italy, and asked at Constantinople for the hand of a Greek
princess for his son King Henry. The Pope, while attempting to erase
the unfavourable impression occasioned by his momentary rapprochement
with Roger, sought for means to estrange Conrad from the Byzantines;
but on this point the king gave vague and evasive replies. The Romans,
by repeated letters and embassies to Conrad, strove to emphasise the
Pope's relations with the King of Sicily and the German rebels, and to
increase to their own profit his distrust of the Roman Curia. Meanwhile,
Roger, supported by Louis VII, who thought of retrieving his defcats in
Asia, importuned Conrad to induce him to change his policy and turn
against Constantinople.
Thus Conrad became still more an uncertain element in the various
currents of European politics; and amid such alternation of contrary
proposals he did not let himself be moved. The ardour that was mani-
fested in France for a new crusade left him cold. The exhortations sent
him by some eminent French ecclesiastics, such as St Bernard and Peter
of Cluny, only aroused his suspicions of Rome, so that the Pope had to
hasten to declare that those personages had acted of their own motion,
and that he was quite a stranger to their overtures. Conrad and his
counsellors saw clearly that the King of France was a tool of Roger
for thwarting his plans in Italy and for making war on Constantinople;
and the Pope himself, although he could not oppose it openly, had no
faith in the possibility of a fresh expedition to the East.
Constrained after a few months' residence to quit Rome anew and
retire near to Roger's borders, the Pope met the Sicilian king at Ceprano,
and there they discussed many ecclesiastical questions in regard to the
Regno, which were in great part adjusted. But on an essential point,
the full recognition of Roger's sovereignty, they did not reach an under-
standing; and they parted with outward friendship but now definitely
alienated from one another. The Pope could only turn, without further
vacillation, to a complete understanding with Conrad, who also recognised
the importance of such an accord for the preparation of his expedition
to Italy, and for the securing of results from it. The king sent the Pope
an embassy, which was to settle the basis of the agreement. Doubtless it


## p. 379 (#425) ############################################

Conrad's preparations for his Italian expedition 379
was then determined that the king should receive the imperial crown at
Rome, and, in return, force the Romans into subjection to the Pope. It
was bound to be more difficult to arrive at an understanding concerning
Conrad's alliance with Manuel Comnenus, which had been the principal
reason that the Pope had leant towards the King of Sicily; but the dis-
patch of the Cardinals Jordan of Santa Susanna and Octavian of Santa
Cecilia as legates to Germany shewed that the Pope was resolved to smooth
over every difficulty in order to bring the matter to a satisfactory conclu-
sion. Both these cardinals were notable personages of the Curia, and one
of them, Octavian, was later destined, as the anti-Pope Victor IV, to play
an important part in the relations of Papacy and Empire. Nobly born,
fond of pomp and show, free with his money and liberal in granting
favours, he aimed perhaps already at the Papacy, and sought to win the
good-will of the Germans, just as he had sought, though without much
success, to win that of Rome. On this occasion he became acquainted with
Frederick, the young Duke of Swabia, and thus established relations with
the future Emperor who was to become his mainstay. The two legates
stayed long in Germany, arranging many pending ecclesiastical questions,
and treating with Conrad concerning his Italian expedition. This was
solemnly announced at the diet of Würzburg in September 1151 ; but
time was necessary if it was to be undertaken energetically and with
durable results. On the one hand, a large force was needful to control the
autonomous tendencies of the free communes and to destroy Roger's
power; and on the other, it was necessary to be sure that Germany was in
such order as to permit a long absence of the king and his most powerful
adherents without harm. A year was allotted for the preparations, and
it was decided that Conrad with his army should start on 11 September
1152 to cross the Alps. There was still a serious task for the king to
perform in Germany before his departure, for Henry the Lion, Duke of
Saxony, was in full revolt, and it was necessary to subdue him and leave
him incapable of doing harm. While attending to this, Conrad yet took
the utmost pains to prepare for his descent into Italy, which now occupied
the chief place in his thoughts. A little previously he had suffered a
grievous blow in the death of his son, the youthful King Henry; for him
he had been negotiating that marriage with a Byzantine princess which
was to draw tighter still the bonds of the alliance with the Eastern Court.
Since the son who was left him was a mere child, Conrad, although he
was getting into years, thought of resuming the negotiations on his own
behalf, and for that end sent an embassy to Constantinople.
At the same time he sent ambassadors into Italy, his chancellor
Arnold, Archbishop-elect of Cologne, Wibald, Abbot of Stablo, and the
notary Henry, all three trusty counsellors experienced in State affairs.
They were sent to the Pope, but were commissioned to conduct negotia-
tions on their road which would assure the unhampered progress of the
expedition. They bore a royal letter to Pisa, with which they were
CH. XI.


## p. 380 (#426) ############################################

380
Death of Conrad III
especially to negotiate for the preparation of a feet to be employed
against the King of Sicily. Taking the opportunity of this embassy,
Conrad at last accorded a reply to the letters which the Romans had
repeatedly addressed to him. It was a reply of mingled condescension
and
arrogance, in which he skilfully announced his speedy arrival with
large forces in Italy, and recommended to them his ambassadors, from
whom the Romans would learn with certainty his will and intentions.
In reality, his envoys, and especially Wibald, were charged to mediate
concerning conditions of peace between the Pope and the Romans. In
the very valuable collection of Wibald's letters is found a kind of draft
of these conditions, from which we can infer the existence of the negotia-
tions which must have taken place under the circumstances. But the
Pope, relying on the hope of Conrad's coming, did not profit by Wibald's
intervention, and did not follow his counsels of moderation, missing
thereby the opportunity of reconciling himself with the Romans. Perhaps
he was convinced that a peaceful solution of the controversy would not
be lasting, and trusted only to the argument of victorious force. Now
that he was entirely alienated from the King of Sicily, he was determined
to smooth Conrad's road and thus facilitate in every way his early arrival
in Rome; the ambassadors took their leave elated with concessions and
promises.
But they were not to bring back to their master the messages
of the
Pope. While still on their journey, they received the news that Conrad
had died on 15 February 1152 at Bamberg, whither he had gone to hold
a diet. All the preparations for the Italian expedition were thus un-
expectedly interrupted. The relations between Germany and Italy, the
condition of Germany itself, not yet issued from a long period of confusion
and discord, and the consolidation of the Empire, might relapse into a
state of danger and incertitude if a firm and vigorous hand did not
succeed in taking the reins and steadfastly guiding the realm. Conrad III
on his death-bed understood the needs of the moment, and indicated as
his successor his nephew Frederick of Swabia, to whom he entrusted the
royal insignia and the wardship of his child son. The magnates of the
realm followed Conrad's counsel, and on 4 March 1152 Frederick of
Hohenstaufen was elected at Frankfort. With him the star of the
Empire was to shine with renewed lustre.


## p. 381 (#427) ############################################

381
CHAPTER XII.
FREDERICK BARBAROSSA AND GERMANY.
The campaigns of Frederick Barbarossa in Italy form the most
celebrated feature of his reign; they reveal his great qualities as a soldier
and as a statesman in times both of victory and of defeat; they form a
part, and a very important part, of the great contest between Empire and
Papacy. The peculiar interest attached to this side of Frederick's
activities has often led historians to under-estimate the value of his work
in his native kingdom. Yet it is in Germany that the enduring marks of
his boundless energies are to be sought. He succeeded to the throne of a
kingdom in a state of complete disintegration; a great family feud
divided the land into factions in open hostility; internal discord and
wide-spread unrest prevailed everywhere; the country was exhausted by
civil war and by the plundering and burning which accompanied it, the
people by famine and want which was its natural consequence. The royal
authority in the hands of Conrad was too weak to check the lawlessness
of the nobility, hopelessly incapable of dealing with the crucial question
of the position of the Welfs. Within four years of his coronation
Frederick, by his masterful rule, had transformed Germany. Feuds were
healed, enemies reconciled; Landfrieden were proclaimed in all the duchies,
and offenders were dealt with by stern punishments. Order was restored
and the rule of law was established.
Conrad's elder son Henry had died two years before, and the dying
king realised that where he had so signally failed his younger son
Frederick, a boy of but six years old, was unlikely to succeed. He
therefore designated as his successor his nephew Frederick of Swabia and
entrusted to him the royal insignia. He was a man of remarkable promise,
of suitable age, and with a distinguished career behind him; and what
was of still greater importance he was connected by equal ties of kinship
to the two rival houses of Hohenstaufen and Welf. His father was the
late King Conrad's elder brother Frederick; his mother, Judith, was the
sister of Henry the Proud. He had already on more than one occasion
acted as mediator between the two parties; his sympathies were equally
divided; indeed no man was more favourably circumstanced for healing
the quarrel which had for so long disturbed the peace of Germany.
Seldom during the Middle Ages has a king been chosen to rule Germany
with greater unanimity on the part of his subjects. The formalities of
1 Henry, Archbishop of Mayence, appears to have raised objections to Frederick's
election (see the passage in the royal chronicle of Cologne, SGUS, ed. Waitz, p. 89);
but evidently he was unable to press them far. Cf. Simonsfeld, Jahrbücher, pp. 19 sq.
CH. XII.


## p. 382 (#428) ############################################

382
Character of Frederick Barbarossa
election were carried through with scarcely a hint of opposition, and with
a promptness and ease truly amazing considering the state of the country
at the moment of Conrad's death. On 15 February 1152 the king was
dead; on 4 March Frederick was chosen king by the princes at Frankfort;
on the next day he set out for his coronation, travelling by boat down
the Main and the Rhine as far as Sinzig and so by road to Aix-la-Chapelle.
There on 9 March he was crowned by Arnold, Archbishop of Cologne.
Immediately after the event, emissaries-Eberhard, Bishop of Bamberg,
Hillin, Archbishop-elect of Trèves, and Adam, Abbot of Ebrach—were
dispatched to Rome with letters to Pope Eugenius III in which the king
announced his election, promised his obedience, and declared his readiness
to protect the Holy See.
The man thus chosen to rule Germany was in the prime of life, some
thirty years old, vigorous in mind and body, a fine figure of a man of
rather more than middle height, and of perfect proportions; his personal
appearance was remarkably attractive, with his fine features, his reddish
curly hair, and his expression so genial that, we are told by Acerbus
Morena who knew him well, he gave one the idea that he always wanted
to laugh; even when moved to anger he would conceal his indignation
beneath a smile. Brave, fearless, a superb fighter, he regarded war as the
best of games; he gloried in the hardly-contested battle; he was the very
embodiment of medieval chivalry. Though no scholar, he was not with-
out intellectual tastes; he could understand, if he could not speak, Latin,
and in his native tongue he was even fuent; he was interested in history,
in the deeds of his ancestors. With the qualities necessary for ruling a
great empire he was singularly well endowed: shrewd judgment, rapid
power of decision, untiring energy, the highest sense of justice. Frederick
was no respecter of persons; though normally his temper was of the
gentlest, he was inexorable towards wrong-doers, and even on the festive
day of his coronation he is said to have refused forgiveness to a malefactor;
“I outlawed you not out of malice,” he declared, “but in accordance with
the dictates of justice; therefore there is no ground for pardon. ” A
friend of distinguished Roman lawyers he was himself a lawgiver of no
slight ability, and his public acts bulk large in the volumes of Constitu-
tions of medieval Emperors'
. Not only among writers of his own country
or of his own way of thinking is Frederick regarded as nearly reaching to
human perfection according to the ideals of the time. German and
foreigner, friend and foe, have but one opinion on the character of the
great Emperor; they must go back in their histories to Charles the Great
to find a worthy parallel.
At the time of the coronation, so Abbot Wibald reports to the Pope,
1 Some idea of the amount of his legislative work may be gained from the fact
that his Constitutions and Public Acts occupy no less than 273 quarto pages of the
Monumenta Germaniae Historica, whereas those of his predecessors from Henry the
Fowler to Conrad III occupy together only 190.


## p. 383 (#429) ############################################

Landfrieden
383
years.
there was talk among the bishops of an immediate expedition to Italy.
The more prudent counsel of the lay princes, however, prevailed; and
the new king turned his first attention to the more pressing and no less
difficult problems of his German kingdom. The promulgation of a general
land-peace was the preliminary step in this direction. This ordinance is
a striking advance on the meagre, temporary, local enactments of former
kings; it was universal in its application to all parts of Germany, it was
intended to be permanent, it was comprehensive in character. Breaches
of the peace were punishable by the strictest penalties: murder and theft
(when the value of the stolen goods exceeded five shillings) were punished
with death; smaller offences, such as assault and petty larceny, by fines,
mutilation, or flogging. There were reforms too in criminal procedure
and in the settlement of disputes over possession of land. The price of
corn was to be fixed annually after the harvest by the count of the dis-
trict and a committee of seven; selling above the fixed price was hence-
forth to be treated as a breach of the peace. This regulation was intended
to remedy the abuse of forcing up the price by holding back the grain in
times of shortage. In 1158 at the Diet of Roncaglia a peace constitution
was issued not only for Germany but for the whole Empire; all persons
between the ages of eighteen and seventy were bound to swear to maintain
the
peace, and their oath was to be renewed every
five
The most significant feature in this legislation was its treatment of
private war. The Landfrieden had grown up in the early years of the
twelfth century with the object of checking unjustifiable feuds. The
principle emerges that private war, so characteristic of medieval social
life, was only permissible under certain prescribed conditions; otherwise
it was a crime, a violation of the Landfrieden, a breach of the peace. In
the Constitutio pacis of 1158 it was forbidden altogether. Presumably,
however, the machinery of justice and modes of redress were still too
rudimentary to admit of so sweeping a reform; and in the last of
Frederick's peace enactments, the Constitution against Incendiaries
promulgated at the Nuremberg Diet in 1186, the feud was once more
conditionally permitted. Perhaps these constitutions do not bear the
stamp of originality; they were based no doubt on previous enactments
of a like nature; so for example the Nuremberg Constitution may
have
its origin in those issued against incendiaries by Innocent II, Eugenius III,
and Alexander III. But it was not so much in their novelty as in the
fact that they gave uniformity in the penal law and procedure throughout
the Empire that their true value lies. Nevertheless, in spite of this com-
prehensive general legislation, the old provincial land-peace was not
entirely superseded. Frederick himself confirmed many local peaces: in
the first year of his reign he confirmed a Swabian land-peace at Ulm;
and after the settlement of the Bavarian question at Ratisbon in 1156
one was sworn for that duchy. The peace promulgated at Weissenburg
in 1179 for Rhenish Franconia, which in character is not unlike the
CH. XII.


## p. 384 (#430) ############################################

384
Relations with Henry the Lion
Treuga Dei, has a special interest attaching to it: it professes to be the
renewal of a peace which has existed from time immemorial, for so long
indeed that it has come to rank as an ordinance of Charles the Great.
The legislative achievement of Frederick bears a favourable comparison
with that of his great English contemporary, Henry II. The uncom-
promising measures employed in its execution are thus summarised by the
chronicler: “much blood was shed by King Frederick for securing peace,
very many persons were hanged, many churches, towns, and castles were
destroyed by fire. ” But if we deplore the crude violence of the method,
we can only praise the result, for, we are told, he so successfully crushed
the disturbers of the peace that in a very short time the firmest peace
was restored by the fear of his coming.
During the royal progress the work of reconciliation went on apace.
Acting on the dying wish of King Conrad, he enfeoffed his young cousin,
Frederick of Rothenburg, with the duchy of Swabia, and created his uncle
Welf VI Marquess of Tuscany and Duke of Spoleto. A feud between
the bishop and the townsmen of Utrecht, which Conrad's efforts had
failed to determine, was immediately ended at his first diet at Merseburg;
he arbitrated between the rival candidates for the Danish throne, and
extended the authority of the house of Zähringen over Burgundy and
Provence; at Constance in March 1153 he concluded a close alliance with
Pope Eugenius III; and before the first year of his reign had drawn to
a close he had approached the most difficult problem of all — the position
of the Welfs.
Hitherto Frederick had shewn favour but not undue partiality to his
cousin Henry; and in a dispute in which the latter became involved with
Albert the Bear over the inheritances of two Saxon nobles, Hermann of
Winzenburg and Bernard of Plötske, he had decided the matter in the
most equitable manner by assigning one inheritance to each of the dis-
putants. But with wide and ambitious schemes in view he could not
afford to delay a settlement of the vital question of the Bavarian duchy.
The success of his plans moreover depended in no small measure on the
full co-operation of the powerful head of the house of Welf, to whose
influence, perhaps, he partly owed his crown! The first years were occu-
pied with tentative negotiations rendered difficult by the uncompromising
attitude of Henry Jasomirgott, who, by the late king's arrangement, was
in possession of the Bavarian duchy. Diet followed diet in rapid succes-
sion, resulting only in delay and postponement. Henry Jasomirgott,
summoned to Würzburg in October 1152, failed to appear; he was
1 So Haller, Der Sturz Heinrichs des Löwen, p. 297, on the authority of the late
(written c. 1230) Chronicon S. Michaelis Luneburgensis, MGH, Script. xxi, 396,
*qui (Henricus) eum ad imperialem promoverat celsitudinem. ' But cf. Simonsfeld,
Jahrbücher, p. 26. It is, however, possible that Henry had come to an understanding
with Frederick before his election that he would satisfy Henry's claim to Bavaria.
See Giesebrecht, v, p. 9.


## p. 385 (#431) ############################################

Settlement of the duchy of Bavaria
385
summoned twice in the following year before the Court, at Worms
(Whitsuntide) and at Spires (December), but in each case he evaded a
decision by finding a flaw in the summons. At last on 3 June 1154 the
princes, wearied by the seemingly interminable proceedings, met at Goslar
and resolved to bring the matter to a conclusion. The elder Henry was
again absent; his continued defiance of the royal authority was sufficient
pretext for depriving him of his position.