Lothar III as duke of Saxony kicks of the colonisation of the East

This week we talk about what happens after the fight for independence is won. As had happened countless times before in history, precious freedoms gained in bloody struggles can be lost easily in the subsequent peace, not to the old adversary, but to new, homegrown usurpers. That is at least one way of telling the story, the other being, that every major political upheaval is followed by a period of consolidation that embeds the gains made and truncates the excesses that appeared during the revolutionary period.

Something like that happened following the Saxon wars when Lothar of Supplinburg, a hitherto minor count from Westphalia is raised to ducal authority in 1106. Before he took the reins of the duchy, Saxony had turned into a free for all. Whenever a rich count or margrave fell victim to the various dangers a civil war generated, his cousins and peers would race to first seize his wife or daughter and then use their claim to grasp as much of his property as possible. A process not much more dignified than the opening of the doors on a Black Friday pre-pandemic.

Lothar established a central authority for the duchy that calms things down considerably. It is during this time that four of the five great princely dynasties in the North get established, the Welf, the Wettins, the Ascanier and the counts of Holstein. The rise of these four was however not a given. There were others, like the counts of Stade and Wiprecht of Groitzsch whose burning ambitions came to nought as they stumbled in the race between reproduction and their near inevitable violent death.

Hello and welcome to the History of the Germans: Episode 103 – All the Duke’s Men

It is so nice to be back. Crossing the Atlantic was a great adventure, but I still missed the Podcast and you, lovely listeners, a lot. I had a lot of time thinking about whether I want to change anything about the podcast, and I have concluded to not change a thing. All will plough on as before. Upon my return I went straight to the British Library and hurrah, no more tinned episodes, but all freshly baked and sweet smelling.

This week we talk about what happens after the fight for independence is won. As had happened countless times before in history, precious freedoms gained in bloody struggles can be lost easily in the subsequent peace, not to the old adversary, but to new, homegrown usurpers. That is at least one way of telling the story, the other being, that every major political upheaval is followed by a period of consolidation that embeds the gains made and truncates the excesses that appeared during the revolutionary period.

Something like that happened following the Saxon wars when Lothar of Supplinburg, a hitherto minor count from Westphalia is raised to ducal authority in 1106. Before he took the reins of the duchy, Saxony had turned into a free for all. Whenever a rich count or margrave fell victim to the various dangers a civil war generated, his cousins and peers would race to first seize his wife or daughter and then use their claim to grasp as much of his property as possible. A process not much more dignified than the opening of the doors on a Black Friday pre-pandemic.

Lothar established a central authority for the duchy that calms things down considerably. It is during this time that four of the five great princely dynasties in the North get established, the Welf, the Wettins, the Ascanier and the counts of Holstein. The rise of these four was however not a given. There were others, like the counts of Stade and Wiprecht of Groitzsch whose burning ambitions came to nought as they stumbled in the race between reproduction and their near inevitable violent death.

But before we start let me tell you that the History of the Germans Podcast is advertising free thanks to the generous support from patrons. And you can become a patron too and enjoy exclusive bonus episodes and other privileges from the price of a latte per month. All you have to do is sign up at patreon.com/historyofthegermans or on my website historyofthegermans.com. You find all the links in the show notes. And thanks a lot to Jeff M., Michael M, Robin R., and Claude L. who have already signed up.

Last time we ended with the death of Ekbert II, margrave of Meissen, an event that brought the Saxon wars against emperor Henry IV to an end. 15 times the emperor had taken an army into Saxony and 14 times he was unsuccessful.  Though Henry IV could claim victory in this his last attempt after the leaders of the rebellion had sworn allegiance to him, in reality, it was the Saxons who had achieved their political objectives.

The conflict that began as far back as 1075 had always been more about limiting royal power in the duchy, than about removing Henry IV from the throne. Yes, the Saxons had supported the deposing of Henry IV at Forchheim, had sworn allegiance to the anti-king Rudolf von Rheinfelden and aligned themselves with pope Gregory VII and the reformers. But at the heart of the conflict had been the resistance against royal encroachment into the richest parts of the duchy as symbolised by the Harzburg. On that count, the Saxons were entirely successful. Henry IV never again set foot in the duchy and his position in the Harz mountains eroded quickly. Only Goslar itself remained imperial.

The solution was a face-saving compromise. Henry IV was technically the overlord of Saxony but had no material influence in the affairs of the duchy. To make this solution work on a day to day basis, a political buffer was created between the emperor and the Saxon magnates.

This political buffer had a name, or in fact two names. Hartwig of Magdeburg and Henry the Fat, Count of Frisia. These two men’s job was to keep the emperor and the magnates apart. They would formally swear allegiance to Henry IV and do all the required kneeling and nodding. At the same time they reassured the Saxons that none of the Imperial orders had any actual effect on the ground.

Hartwig and Henry were ideally suited for this job. Hartwig had been one of the leaders of the Saxon rebellion and a firm supporter of the Gregorian reforms. Henry was the eldest son of Otto von Northeim, the hero of the initial decade of the war as well as being the largest magnate in Saxony. At the same time these two managed to gain the confidence of Henry IV, reassuring him that the Saxons would remain outwardly loyal.

Having a feudal layer between the king and the counts is nothing new. When the Carolingian empire shuffled off into the eternal sunset of history exactly such a structure had emerged, the stem duchies. Duchies were a middle layer between the king and the counts and knights below. A duke would exercise some of the royal prerogatives, such as guaranteeing peace, dispensing justice, leading the ducal contingents in war and holding regular ducal assemblies.

Saxony was such a stem duchy and still had a duke. Which gets us to the now obvious question, where is the duke of Saxony in all of this? Shouldn’t this be his job?

Well, there is a duke of Saxony, Magnus Billung. But as you may remember, the Billungs had never risen to being proper stem dukes. The dynasties’ founder, Hermann Billung had ruled the duchy only on behalf of Otto the Great and it seems his successors struggled to shake off this inferior status. The Billungs were rarely called upon to dole out justice, assemblies were called with and sometimes without the duke and military leadership these last decades rested with Otto von Northeim and other magnates, not with the duke Magnus,

On top of that you had the system of margraviates along the eastern border. Margraves had a special status, being direct vassals of the king or emperor, not of the duke. With five margraviates in the duchy and those held typically by the most powerful families, ducal power was constitutionally curtailed.

And then you had a solid dose of bad luck. Magnus Billung had joined and to a degree led the Saxon rebellion. But he somehow managed to get captured again and again. Sure, the Saxons were duly enraged by the imprisonment of their duke and felt honour bound to free him. But whilst he was in prison, they still needed a leader, which is how the military and political role of the duke transferred to Otto von Northeim. Magnus became more and more marginalised and focused on his perennial feud with the archbishop of Hamburg-Bremen. The final blow to his reputation came when he defected to Henry IV early on in the final struggle.

Duke Magnus died in 1106 without male offspring and his only brother had died long before, bringing an end to the Billung dynasty. Despite the ineffectual role Magnus had played as duke, the institution was not completely obsolete. So a new duke needed to be found.

Magnus had left behind two daughters. One, Wulfhild, had married Henry from the House of Welf, nicknamed the Black, the second son of the duke of Bavaria. Though we associate the house of Welf very much with Hannover, Braunschweig and Lueneburg and ultimately the crown of England, in 1106, the Welf had no material possessions north of the Main River. Their power base was in Swabia, in the duchy of Bavaria and in Northern Italy. As a second son Henry the Black only held some family possessions whilst the title of duke of Bavaria and all the rest was held by his brother Welf V. His only claim to get into the upper echelons of aristocratic society was via his wife’s connections. Which is why Henry the Black threw his hat in the ring to become duke of Saxony.

The other daughter of duke Magnus was Eilika, a rather formidable woman who, judging by the scarce sources available, asserted her rights forcefully. In the context of the times that suggests she took up arms against whichever neighbour had stood in her way. Her martial prowess may have got something to do with the fact that she was the great-granddaughter of the axe-wielding saint-king Olaf II of Norway. Sorry, I am getting carried away with my excitement to get closer to the Scandinavian part of the story. But before we get there, we have to plough through a bit more German genealogy.

So, the formidable Eilika married Otto von Ballenstedt. This count was part of the highest ranks of Saxon nobility, related to all and sundry, though up to that point his family, soon to be known as the Askanier, had not held positions as margrave or duke. The most famous of the Ballenstedts was Uta, the medieval pin-up on Naumburg cathedral. Being perennially on the cusp of becoming an imperial prince with a direct vassalage to the emperor fuelled the Ballenstedts’ ambitions and the death of good old Magnus gave Otto hope he might finally rise in his station.

So, the two sons in law of Magnus Billung would very much like become duke, sport an excessively noble line and are recognised as competent military leaders. But they are not the most powerful men in the duchy. These were still the great margraves, in particular Henry of Eilenburg, from the family of Wettin who had taken over the Margraviate of Meissen after the death of Ekbert II, the counts of Stade who held the Northern March, Wiprecht of Groitzsch we will hear about in a moment, the recently created landgraves of Thuringia and probably some others I have missed out.

I could not find any detailed accounts of the election/selection process for the new duke of Saxony, but my assumption is that given the complexity of the situation, the lack of one obvious claimant and the relative insignificance of the role meant, the Saxons had to go to the ultimate arbiter of decisions in the empire, the emperor himself. What facilitated that decision was that the hated Henry IV had just been deposed by his son, Henry V. Henry V had been the champion of the princes against his father and had been supported by many of the magnates of Saxony. Check out Episode 39 if you want to hear more about that.

This unusual combination of circumstances is the only way to explain why the Saxons -after 30 years of war against the central power- would let the emperor decide who will become their duke. What was even more surprising than the fact they let the emperor have a say in such an important decision was Henry V’s choice for the role, Lothar of Supplinburg.

Lothar was the son of a rather obscure count in the Harz mountains. In the older literature his father is described as a minor nobleman, which is not quite correct. He was a member of the high aristocracy of Saxony, related to the counts of Walbek and the counts of Querfurt. His mother, Lothar’s grandmother had married the duke Ornulf of Saxony after his grandfather’s death. Lothar’s father augmented his possessions by abducting and then marrying Gertrud, the daughter of the Bavarian counts of Formbach. The Supplinburg that Lothar is named after came in the dowry of his mother. So, a family of ancient origin and on the rise, but not exactly in the top five.

Lothar was born in 1075, the same year his father died in the battle of Langensalza on the side of the Saxons. In that same year 1075 his mother married again, this time the duke of Lothringia, who had fought against her now dead husband on the side of emperor Henry IV at the same battle. As ever, it is unclear whether she – and her inheritance – were parts of the spoils of war, or whether she had a passionate longing for the duke. Let’s give him the benefit of the doubt, he was known as “Theorderic the Valiant” after all.

We also do not know what happened to little Lothar in the aftermath of his father’s death and his mother’s shotgun wedding. He might have gone to Lothringia with his mother, which meant he would have been raised at the ducal court in Namur. Or alternatively he would have been raised by his grandmother at the court of Magnus of Saxony, or finally he may have been raised by servants at the castle of Supplinburg which he was named after, or a combination of all three.

We hear that in 1088, aged 13 he takes over his father’s role as a count in the Harz mountains. Then it gets dark again. In 1101 he is mentioned as an attendant in a grand assembly of Saxon nobles and in 1104 he is found in the entourage of Henry V. He is now 29 years old, presumably rising in the imperial hierarchy and growing his lands and possessions. When Henry V rebels against his father, Lothar becomes one of his key supporters who might have been the one who convinced the Saxon magnates to support the young price.

At this point Lothar had hugely increased his wealth and position as he had married the richest heiress the country had on offer at the time, Richenza. Richenza is the daughter of Henry the Fat who had inherited the lion’s share of his father, Otto of Northeim’s lands. She is also the daughter of Gertrud, the heiress to the fortune of Ekbert II, margrave of Meissen and count of Brunswick.

Whatever the exact mechanics, but in 1106, Henry V selects Lothar von Supplinburg to become duke of Saxony. With his elevation to duke of Saxony Lothar also acquires the old Billung possessions around Luneburg and the march of the Billungs. Over the next decades Lothar of Supplinburg, modest count from the Harz mountains, became, not only duke but also the by far largest landowner is Saxony. In 1117 his mother-in-law died and the county of Brunswick comes to Richenza. Around the same time Richenza’s brother and sole male descendant of Henry the Fat died resulting in most of the Northeim inheritance coming to Lothar. Basically by 1120 most of the territory that would later make up the kingdom of Hannover had come together in Lothar’s hands.

Backed up by his enormous wealth and burning ambition, Lothar began to restore the ducal institutions. Because the Saxons had removed any direct imperial influence inside the duchy and the Billung’s power such as it was had faded, there had been a vacuum in the duchy where the ruler should be.

There was no justice, there were no regular assemblies, no truce of god. This absence of a final decision authority, may it be an emperor, a duke or an assembly meant that disputes could not be resolved and often lingered on for decades, if not centuries. These disputes were sometimes about some perceived slight to a man’s honour, but mostly they were about land and wealth.

The Saxon aristocracy had intermarried to an astonishing extent as we have heard in the section about Lothar’s family connections. Add to that a near constant civil war that claimed the lives of many wealthy knights and counts well before their time. As they died young, they often left no male heirs behind, or the heirs were small children. In that case their inheritance is in play. As you may remember when we talked about the Hohenstaufen and earlier about Konrad II, the notion of inheritance and clan affiliation were still cognatic, i.e., weren’t strictly a function of being the eldest son of the eldest son. Inheritance and family association could be transferred in the female line, as had been the case of the impressively fecund Agnes of Waiblingen.

Therefore any greedy neighbour or cousin will pounce on the wife and daughters of a recently deceased rich count as a means to strengthen their claim. We hear of women being married off, like Lothar’s mother, as soon as the last verse of her husband’s funerary mass had been sung. Three or more marriages were not uncommon. And where the bride was unwilling or the negotiations went on for too long, ardent suitors are known to have kidnapped their future wife and run away to the medieval equivalent of Gretna Green.

And even if the lord managed to live to the ripe old age of fifty and had been blessed with a brace of strapping sons, that wasn’t much better. According to tradition, the lands were split between the brothers who turned against each other as soon as the old man had settled down to watch the radishes grow from below. Great territorial fortunes are gathered and lost at an astonishing speed and with ruthless brutality.

This fluid situation allowed even men from outside the close-knit Saxon aristocracy to rise to astounding heights.

One of them was Wiprecht of Groitzsch. He came from an ancient Slawic family, that -like Gottschalk, the prince of the Abodrites – had converted to Christianity. He swapped his father’s possessions for the castle of Groitzsch, south of Leipzig. This swap turned out to be a bad deal since he faced severe local opposition, forcing him into exile in Bohemia. There he became a close friend and adviser of duke Vratislav of Bohemia, the closest ally of Henry IV during the Saxon wars. He gained a reputation as a fearsome warrior and accompanied the emperor on his subsequent campaigns in Italy. The annals of the Pegau Monastery report that he attacked the papal forces with just his shield and was the second over the walls of Rome in 1084. He is also supposed to have knocked out a male lion with his bare fists. All these manly feats gained him the hand of the beautiful Judith, daughter of the duke of Bohemia. She brought him the counties of Nisani and Budisin, modern day Dresden and Bautzen, not far from Groitzsch which he regained and fortified. He further added lands in a series of local feuds that included the destruction of the city of Zeitz and the burning of its cathedral. After Judith had died, Wiprecht married Kunigunde of Weimar, and with her a claim to Weimar inheritance. Kunigunde had already been widowed twice, another example of the process I described above. Wiprecht tried to tie down the inheritance even further by marrying his son to Kunigunde’s daughter.

That way Wiprecht managed to expand his territory to the point it covered a large chunk of the modern-day state of Saxony. As was typical for a man of his time, he was ravaged by guilt for his attacks on the church. To atone for his sins he went on pilgrimage to Santiago de Compostela in Spain from where he returned with a priceless relic and the intention to found a monastery. In 1091 he established a Benedictine abbey in Pegau close to Groitzsch, one of the oldest monasteries east of the Elbe. Wiprecht was a pioneer not only in that respect but was also amongst the first to invite colonists from the western parts of the empire to settle in the Marches. By the time Lothar became duke, Wiprecht had risen from minor Slavic ruler to being one of the great Christian magnates of Saxony.

Another, even more unusual story is that of Frederick, Count of Stade. Frederick was born not as a member of the ancient family of the Udones, the counts of Stade since time immemorial, but as the son of an English noblewoman who had fled after the battle of Hastings and was shipwrecked on the North Sea coast. That calamity turned her into the property of the count of Stade who married her to one of his Ministeriales. Ministeriales are, as you probably know by now, unfree men trained in knightly warfare that territorial lords used extensively as soldiers and administrators. Frederick was hence born a serf. He received the same training as a knight, preparing him for his role as a Ministeriale. He quickly rose through the ranks and the reigning count Udo entrusted him with the management of the county of Stade whilst he was busy with his margraviate, the Northern March.

Stade is today a delightful city of 50,000 inhabitants, downriver from Hamburg, Germany’s largest port. The port of Hamburg was only founded in 1189 which meant that until then, Stade was the largest harbour in Germany. That made the county of Stade strategically important and very rich. It stretched along the Elbe River and west towards Bremen.

Count Udo of Stade died in 1106, leaving behind a four-year old son, Henry. Henry’s uncle Rudolf acted as the guardian for the little count, whilst Frederick remained as manager of the county. Rudolf and Frederick did not get on to say it politely. When Frederick tried to buy his freedom for 40 marks of silver, Rudolf thwarted this attempt. As a consequence Frederick and Rudolf began an open feud. Each gathered allies. The emperor Henry V sided with Frederick, in part because he hoped to gain more leverage into Saxony. Imperial leverage in Saxony wasn’t something Lothar could tolerate since part of his job was to continue as the buffer between imperial power and the Saxon magnates. In 1112 Lothar apprehends Frederick whilst he was on his way to the imperial court where he had filed a complaint against Lothar. That was a blatant display of disrespect for Henry V who had guaranteed safe passage to Frederick. In retaliation, Henry V deposed Lothar as duke of Saxony and replaced him with Otto von Ballenstedt, one of the ambitious sons-in-law of old duke Magnus.

A brief military campaign followed that Lothar lost. Lothar had to submit to Henry V on his knees and -since this was the first disobedience – was reinstalled as duke. Frederick was freed and returned as vice-count in charge of the county of Stade, albeit still an unfree Ministeriale acting on behalf of little Henry.

In 1115 Frederick swapped sides and struck up a friendship with Lothar. Lothar now supported him against young Henry. When Lothar becomes emperor in 1125 Frederick was released from serfdom and in 1135, once Henry had died, was formally enfeoffed with the county he had controlled for 25 years. But upon his death his little empire unravelled. The county was returned to the Udones, the family that had ruled it for centuries.

This is the kind of environment Lothar of Supplinburg inherits. It isn’t exactly a free for all. There are some rules, such as, you need some sort of justification for your claim, even if it is down to kidnapping a twice widowed second cousin, but largely it is “might is right”.

How he resolves the situation is difficult to nail down. I have just spent a bit more than a day reading Ruth Hildebrand’s book about Lothar as duke of Saxony and I can confirm that we really do not have much to go on in the sources. What is indisputable though is that by the time Lothar is elected emperor in 1125, he is by far the most powerful duke of Saxony since Ottonian times. And this is not just down to the force of his personality since the ducal position remains dominant under his two successors.

In my assessment there were two things that helped him establish his position, the first was taking the lead in the Saxon opposition against the emperor Henry V, and the other was his ability to place competent and loyal people into key positions.

As for the military leadership, we have just heard that Lothar clashed with Henry V over the county of Stade and lost. But that was a temporary setback, so temporary, it barely lasted a month.

By 1115 the honeymoon period of emperor Henry V’s reign was over – even though he does not yet know it. Henry V had returned from Rome in 1112, freshly crowned and after having forced the unlucky pope Paschalis II to make all sorts of concessions. Riding high, he resumed the policy of his father, trying to create a coherent royal territory, administered by his ministeriales. This time his focus wasn’t Saxony, but along the Rhine River, bringing him in conflict with his former friend, the archbishop Adalbert of Mainz. He also clashed with the archbishop of Cologne and the city itself. Finally, Henry’s support for Frederick in Stade was seen as part of a larger plan to expand imperial power into Saxony itself.

The Rhineland and Saxony erupt in rebellion literally days after Lothar had kneeled before the emperor. On February 11th, 1115 an imperial army, led by the general Hoyer von Mansfeld takes the field against the rebel forces, outnumbering them 5 to 3. The battle was in equal measure brutal as it was decisive. The general Hoyer von Mansfeld fell whilst attempting to break the centre of the rebel forces. Thereafter the imperial troops lost cohesion and turned to flight. Whether Lothar did indeed lead the rebel forces, or he just ended up being the last of the magnates left alive after the fighting, Lothar was credited with this success, which raised his profile enormously. Helmold of Bosau reports that following the battle Lothar convinced all the princes of Saxony to swear oaths to support each other against any potential retaliation by the emperor Henry V. That seems to have involved princes who had been neutral or even supportive to the imperial cause such as Frederick of Stade who now switched to the ducal side. After Westenholz Lothar had become the military leader of the duchy.

The other reason for his success was a great HR policy. His first major appointment was count Adolf of Schauenburg as count of Holstein. The Schauenburgs were an aristocratic clan based in Westphalia. Not top drawer, but like Lothar’s own family, they have been around for a long time. The county of Holstein on the other hand was a relatively new invention. These lands, roughly between Kiel, Hamburg and Bremen were in part inhabited by Slavic people who were part of the Abodrites federation and the Holstens, a Saxon subgroup who lived in peasant republics unwilling to recognise any count or duke above them. Interspersed were castles established by the Billungs. Lothar had initially placed a man called Godfrey in charge of these defences and given him the title of count of Holstein. How fragile his position was is explained in a story that Helmond of Bosau tells. In 1111 a band of Slavic raiders had come to plunder Hamburg, at the time not much more than a small agglomeration of wooden shacks surrounding a church. The count arrived on scene and surveyed the damage. Egged on by the locals who call him a coward he pursues the raiders who lure him into a trap. The raiders fall upon him as he is crossing a large, wooded area. All the local peasants found afterwards were the remains of his 20 companions and the headless body of the count. If a count can taken down by common rabble one has to wonder about the strength of this new institution.

That will change quite significantly under the Schauenburgs. Like Wiprecht of Groitzsch, they are pioneers in the colonisation of the former Slavic lands and founders of important cities that will take a lead role in our story, namely Kiel, Lubeck and Hamburg. When they are done, no Slavic raider would dare to attack Hamburg again.

The next major appointment was Konrad of Wettin as Margrave of Meissen. You may remember that after the death of the rebellious Ekbert the margraviate of Meissen had gone to Henry of Eilenburg who was already margrave of Lusatia. Henry died in 1103 fighting Polabian Slavs and his son and heir died in 1123 without having produced any offspring. That renders two margraviates available, margraviates that are strategically important.

A margrave is an imperial prince and hence has at least formally to be enfeoffed directly by the emperor. And that is exactly what emperor Henry V does. He gives both margraviates to Wiprecht of Groitzsch, you remember, the Slavic lord who had felled a lion with his bare hands. Apart from being of herculean strength, Wiprecht had also been loyal to the imperial family for decades, had large possessions in the marches and has proven to be a competent manager. By all accounts a sensible choice.

But Lothar was not happy with the appointment of a Salian loyalist in this crucial post. He allied with Conrad of Wettin, the closest relative of Henry of Eilenburg and elevated him to be Margrave of Meissen. This was an unprecedented act. Lothar had no right to make any such appointment. As duke he wasn’t even the feudal overlord of the margrave. But hey, Lothar had by now the full support of the duchy and though Wiprecht put on a good fight, Conrad and Lothar defeated him. Wiprecht died in 1124 from wounds he received when he tried to extinguish a fire with his bare feet. From then on Conrad was de facto Margrave of Meissen. Wiprecht had left behind a son and successor, Henry who died 7 years later without being able to enforce his claim to the margraviates. The great territory of the counts of Groitzsch was then snatched up by his enemies, the same Conrad of Wettin.

As for Eilenburg’s other margraviate, that of Lusatia, Lothar gave that to Albrecht, the son of Otto of Ballenstedt and Eilika Billung. Albrecht was not necessary a loyal follower, but he needed to be appeased. As we have heard, Otto of Ballenstedt had taken on the mantle of duke of Saxony for a brief period and that claim had now gone to Albrecht. Granting Albrecht the title of Margrave was a way to partially compensate him. That did work. Albrecht was content to be elevated to imperial prince and became a close follower of Lothar.

We have introduced Albrecht and his father Otto as counts of Ballenstedt because that was the name by which they were known at the time. However the clan would change its name to the latinised form of another of its possessions, Aschensleben and will be known from then on as the Ascanier. The Ascanier would rule a range of principalities, including the state of Anhalt until 1918.

The combination of massive personal possessions, military leadership and putting loyal followers into key positions allowed Lothar to also take over the control of the church. He is again usuroing royal privileges when he influences the selection of bishops in Saxony. In defiance of the just recently agreed concordat of Worms, Lothar effectively chooses the bishop of Halberstadt against the wishes of the cathedral chapter. As we will see church power in Saxony is a lot weaker than in the rest of the empire. The two archbishoprics, Hamburg-Bremen and Magdeburg are way poorer than the mighty and ancient seats of Cologne, Mainz, Trier and Salzburg. Moreover, they are subject to constant harassment and as we will see soon, find their property alienated to the rising territorial powers.

By 1125 Lothar has become the undisputed ruler of Saxony, the by far largest of the German duchies. And he was not just nominal lord of this territory but had real control, more control than any of his predecessors since Otto the Great ever had. In 1125 Lothar is elected King of the Romans and is crowned emperor in 1133. We have covered the story of his interesting reign, his struggle with the Hohenstaufen and his ambiguous relationship with the popes and Bernhard of Clairvaux in episodes 43 to 46. Have a listen just in case you want to hear more about what was ging on in the wider European context.

Once Lothar is elected King and later crowned emperor Saxony finds itself in a situation that at least on the face of it never wanted. There is now significant imperial influence in the duchy and the emperor is directly controlling a large, coherent territory right in their midst. This fact got lost in the exuberance of Lothar’s election and the idea that once more the emperor is one of them and the Saxon magnates have great influence at court. The imperial army is now stacked with margraves and counts from Saxony, families that haven’t sent contingents down to Italy for almost a century.

Will this last? It depends on who follows Lothar as duke of Saxony and as emperor. You remember the tumultuous election of Lothar III in Mainz? Where at the last minute the duke of Bavaria, Henry the Black switches side and instead of supporting the imperial nephew and his own son-in-law Friedrich of Hohenstaufen he tilts the election in Lothar’s favour. In exchange for this move, Henry gains the hand of Gertrud, the only child of the aging emperor, for his son, Henry the Proud. Gertrud’s inheritance is truly enormous. All the lands the Billungs, the Brunones and the Northeims had gathered over the centuries will now go to the House of Welf. And the Welf themselves aren’t exactly poor. Henry the Black is already duke of Bavaria and count of Este in Italy. His son will add to that the lands of Matilda of Tuscany making him the by far most powerful magnate in the empire. And he will also claim the title of duke of Saxony.

I know, this was a blizzard of confusing names and you will be wondering whether you should write them down somewhere just in case we need them later. No, not to worry. You will not have to write them down because some, like Wiprecht of Groitzsch and Frederick of Stade disappear down the orcus of history. But others, namely Adolf von Schauenburg, Conrad von Meissen, Albrecht the Baer, Henry the Proud and the dynasties they created will stick around. They will get their own episodes shortly, because these dynasties and the territories they created will last for the next almost 800 years and will shape not just Saxon, but German and European history going forward.

Next week we will start with the counts of Holstein and the start of the eastern colonisation that will get almost 7% of the empire’s population to pack their bags and go east. And we will hear about the foundation of two of the major Hanseatic cities, Lubeck and Hamburg. I hope you will join us again.

Finally, I just want to thank you guys for the support to the podcast whilst was away. So many nice posts and comments on Twitter and Facebook. Thank you, thank you! It makes all the difference. As you may know the platform algorithms are driven more by subscriber growth than by downloads which means that to keep the History of the Germans visible on something like Spotify, Apple Podcasts or Podcast Addict requires a constant flow of new listeners. And the place to find new listeners is either through word of mouth from existing listeners or social media. So thanks so much for your support and I promise not to disappear for six weeks ever again.

And last but by no means least thanks to all of you who have become Patreons during this time. I always appreciate and even more so when it was clear that not much in terms of bonus episodes would be produced whilst I was away. So thanks again.

In the winter of 1033 emperor Konrad II besieged the castle of Murten (in today’s Switzerland). It was a miserably cold winter, a winter so cold that the horses would literally freeze into the ground over night so that they could only be freed with axes and stakes. The men were constantly frozen so that their faces were white with frost and even the beardless adolescents looked like old men. One man who could not find help to free his horse killed it and skinned it upwards as it stood. Basically, it was Stannis Baratheon’s attack on Winterfell.Other than Stannis, Konrad knew when enough was enough and retreated to Zurich, to resume fighting later that year.The siege was part of Konrad’s efforts to acquire the kingdom(s) of Burgundy for the empire. The last king of Burgundy, Rudolf III had agreed to leave all of it (Westen Switzerland, Franche Comte, Savoy, Piedmont, Provence-cote d’Azur) to his nephew Emperor Henry II. Henry unhelpful died Before his aged uncle and his successor, Konrad II had no real inheritance claim on the kingdom. When Rudolf III finally passed another of his relatives, Odo of Blois made a claim for the kingdom. The Burgundian nobles very much preferred the less powerful Odo to the mighty and proactive Konrad. However, Odo did not act decisively enough and Konrad could raise several armies, gaining the initiative despite his initial setback at Murten. By 1035 Odo had to renounce his claims and the kingdoms of Burgundy became part of the (Holy Roman) Empire and remained so until 1648 and in parts until 1806. This position outside the kingdom of France allowed for a somewhat different political and cultural development of for example Provence, France Comte, Alsace and Savoy that is still noticeable today.

Joanna the (not?) mad (1504-1555)

Ep. 229: Joanna the (not?) Mad (1504-1555) – How the Habsburgs gained Spain History of the Germans

Click here to: Listen on Apple Podcast

Click here to: Listen on Spotify

Transcript

Hello and welcome to the History of the Germans: Ep: 229 – Maximilian I (1493-1519) – How the Habsburgs gained Spain.

“Bella gerant alii, tu felix Austria nube” – ‘Let others wage war; thou, happy Austria, marry’ is one of the few terms that almost anyone with a cursory interest in European history knows, only rivalled by the Voltaire quote thou shall not utter in my presence ever. It evokes the image of a handsome alpine boy full of charm and apple strudel wooing some princess into peacefully handing over the richest lands is Europe. And this narrative of peaceful transition to a benign dynasty is another one of the great propaganda successes of the house of Habsburg.

The saying was attributed to Matthias Corvinus, the king of Hungary who had once occupied Vienna, then to the humanist Ulrich von Hutten, but first evidence of its use dates back to 1654, more than 150 years after the famous marriages that made an empire. From 1680 it was read out at Habsburg weddings to emphasise the peaceful nature of its rulers.

“To the double wedding ceremony”
Colored copperplate engraving by Quirin Mark, 1790

It definitely did not originate in the days of Maximilian I when all these dynastic alliances were formed and bore fruit. Talking about gentle and peaceful transition was preposterous against the backdrop of a 15 -year long war over the succession to the grand Dukes of Burgundy, and the roller coaster ride that is today’s topic, the way the Habsburgs acquired the crown of Spain.

But before we start a quick message on merch. Most podcast offer you merchandise, t-shirts, hoodies, mugs, phone cases. I have not done it yet because – well the economics. If I offer a t-shirt for £30, at a stretch £10 pound goes to me, the rest is taken by the printer, postage, the kneecappers at Paypal and Stripe etc. But I have found a solution – do it yourself. I have put a chunk of the HotGPod episode art on to my website for you to download. Just choose one or as many images as you want, take them to a printer near where you live and put them on your crockery , clothing or communication device as you want. It is – like the show itself – entirely free. Unless of course you fell compelled to join the band of generous knights, princes and electors who are supporting the show on historyofthegermans.com/support, generous souls like Michael R., Joakim C., David M., DANIEL MCG., Thomas J. H., and Ales D.

And with that, back to the show

Today we will be wandering well off the reservation. Most of this episode will deal with Spanish history and since this is the History of the Germans and despite having a sister living in Madrid, my knowledge of Spanish history is patchy to say it mildly. Hence there will be even more mistakes, odd perspectives and butchering of foreign languages than normally. And for that I beg forgiveness in advance. I will let you know next week where I went wrong and will correct as necessary.

But let’s start on familiar territory.

As we heard last week, by 1500 after the humiliation at Livorno, the defeat in the Swabian/Swiss war, and the de facto deposition by the Imperial diet of Augsburg, Maximilian found himself far out in the wilderness. He spent his time reforming the administrative and military structure of his lands in Austria and Tyrol.

His irrelevance in a domestic context was matched by an even more profound irrelevance in a European context. The continent’s politics had descended into a feeding frenzy where the bait were the immensely rich cities and states of the Italian peninsula. In this game there were no friends or allies, everybody was a potential ally and a potential enemy at the same time. I have read through the accounts of the different leagues and treaties between 1496 and 1505 and I had to keep a separate sheet with dates and notes to get my head around it. And quite frankly taking you guys through it will not only be fiendishly complicated but also terribly confusing, and worse – boring.

So, rather than tracing all this who went with who when, let’s take a broad-brush look at it.

There were the two emerging superpowers, Spain and France. They both wanted the whole of Italy. France now held Milan and worked its way north to south. Spain, or more precisely the kingdom of Aragon had Sicily and its main interest lay in Naples and from there wanted to move northwards.

An excellent summary found here: Skulking in Holes and Corners: Image

The remaining Italian states were fighting for their survival. Of those two still had significant weight, Venice and the Papacy, the others, including Florence, had to wiggle between these rolling stones, hoping not to be crushed.

As for the nominal feudal overlord of most of Italy, the Holy Roman Emperor, his authority was limited to legitimizing the land transfers and titles. The Imperial Diet at Augsburg had made it apparent that there was an exactly zero chance that a gigantic army of Teutonic knights and Landsknechte was coming across the Alps any moment. Maximilian’s exhausted lands could at best contribute a few thousand soldiers to whoever he had sided with. Good soldiers who may have swayed this or that battle, but for five years at least, Maximilian was no longer sitting at the top table.

Things brightened up a little for our hero in around 1505. As we discussed last week, Maximilian had defeated his domestic opponents in the war of the Landshut succession  and sealed that victory through his magnanimous settlement of the underlying inheritance dispute. With that, he had become more powerful inside the empire than he had ever been before. That does not mean he could command the princes to follow him to Rome, but it meant there was once again a non-zero probability that he could bring the power of the empire to bear.

And another thing had changed in Maximilian himself. For 30 years, ever since his marriage to Marie of Burgundy, Maximilian had fought the French. This struggle had become not just a fight for power but had turned into personal animosity. The string of events, the fight over Marie’s inheritance, the rejection of his daughter Margaret as bride to Charles VIII, the “stealing” of Anne of Brittanny, all that had created so much bad blood, a reconciliation between Maximilian and Louis XII of France was almost inconceivable.

But still, it happened. These years of irrelevance had shifted something. The internal struggle between the desire for revenge and the needs of Realpolitik, was won, surprisingly by rationality. In no small way thanks to the administrations of his son Philip the Handsome, relations between France and the Emperor were thawing.

The fundamental driver of this reconciliation was however not Italy, but Spain, or more precisely the kingdom of Isabella of Castille. Which is why I will now rattle on about Spanish domestic politics for a half an hour.

Let’s wind back to 1496, the double marriage between on the one hand the heir to the Spanish crown, Juan, and Margarete of Austria, daughter of Maximilian, and on the other hand, the heir to Burgundy, Austria and most probably the imperial crown, Philip the Handsome to Juana, the third child of the catholic monarchs of Spain, Isabella and Ferdinand.

King Philipp I. the Handsome at the age of 16 and his sister Margarete (1480 – 1530) at the age of 14, who became Regent of the Netherlands. Philip is wearing the collar of the Golden Fleece. His arms are depicted at the top of this panel, the other coats of arms are of territories which belonged to the House of Austria. From the arms and inscriptions it can be established that this diptych was painted in about 1493-5. This is confirmed by a diptych of the same sitters at Schloss Ambras, on the frame of which their ages are written as 16 and 14, so dating it to about 1494. The commission of the Schloss Ambras picture and the present painting was perhaps connected with a proposed double marriage into the Spanish royal house. Diptychon

As we pointed out in episode 222, this marriage was not the grand diplomatic coup for Maximilian it was later portrayed as. It was in fact a highly risky and imbalanced agreement. Margarete and Philip were the only surviving Habsburgs. All the other lines, the Albertinian and Leopoldinian dukes we encountered in episodes 204 to 208 had all died out, not a single one left.

Hence the rather large territorial complex of Austria and Burgundy plus the option on the imperial crown would go to either Philipp’s or Margaret’s descendants, unless of course Maximilian would have more children with Bianca Maria Sforza, which he did not. And under the agreement, it was specifically stated that if Philip died without heirs, all of his lands would go to Margaret’s heirs, aka, her husband Juan and whoever his heirs were.

On the other hand, if Juan died without offspring, all his lands would go to his elder sister, Isabella. Only if she died without heirs would Juana and her children with Philip inherit.

That was a bit of a long shot. The reason Maximilian agreed to the match was therefore not because he thought it would bring him Spain, but because he needed Spain for his grand plan to crush Louis XII.

As always with these weddings, the process was lengthy and only completed and legally watertight when the marriage was consummated. That meant that even though the proxy marriages were agreed on November 5th, 1495 in Mechelen with the Spanish ambassador Riojas standing in for both Juan and Juana, nothing was done until the deed was done.

That caused a logistical problem. Spain and the Netherlands were a 1000 miles apart and the fastest route was by sea along the English coast and then down across the bay of Biscay. I am currently planning my summer holiday which includes a trip across the bay and whilst this may be fast, it was certainly not safe to do in a 15th century vessel in autumn or winter. And then there was the French navy who may be keen to intercept this alliance.

Plus there was the question who would send whose daughter first. I principle they could sail in separate fleets and then cross path’s halfway meaning they each arrive at roughly the same time. But that was rejected on the basis that it was for one too expensive for the cash-strapped Maximilian to furnish a fleet, nor did the two monarchs trust each other to actually send a daughter when they said they would.

The solution was that Ferdinand and Isabella put Juana on a ship to go to the Netherlands, with the proviso that Margaret would travel back on that same fleet. That way Margaret was in the hands of the Spanish as soon as she got on the ship, which meant the time window for misbehavior was supposedly tighter.

Juana set off from Laredo, Laredo in Spain, not in Texas, in the middle of the night on August 22nd. Though this was supposed to be a reasonable time of year, the 22 ships were bashed about by storms and had to seek refuge in England. It took them until September 19th , so almost a month before Juana arrived in Holland. On the approach to the harbour, one ship with 700 men and the princesses’ wardrobe sank after hitting a sandbank. Nobody was prepared for their arrival, the groom was travelling in the empire. So she waited in Antwerp until on October 19th the most consequential European wedding took place in the small town of Lier. Apparently the bride and groom were instantly attracted to each other and the marriage was consumed that same night. More about that story later.

Then it was time for Margaret to get on board the fleet and sail down to Spain. But that did not happen right away. The ships that Juana had travelled on had sustained severe damage during the journey and needed to be fixed. Plus we are now in late autumn. Nobody in their right mind goes out in November to brave the English channel and the bay of Biscay – at least nobody sensible.

So they did the sensible thing, they waited until the end of January. If Juana’s trip was tough, this one was worse. Again, a bit of weather routing could have helped. But neither did they have weather routing at the time, nor would it have been politically possible for Margaret to wait until May when the crossing could be more comfortable. Ferdinand and Isabella would have concluded that they had been duped and would refuse to participate in Maximilian’s grand plan.

So, the poor girl was sent off. This journey was even worse than that of her sister-in-law. They sought shelter in Southampton in February, but they had to go out again as soon as the weather had calmed down at least somewhat. During one of these storms, Margaret was certain to die and wrote her own epitaph: “Here lies Margaret, the willing bride, twice married– but a virgin when she died.”

Still , she made it to Santander in March, having spent more than a month at sea. After a few days of recovery, Juan and Margaret were made husband and wife in Burgos on April 3rd, 1497 in a tremendously opulent ceremony, as the Venetian ambassador reported back home.

There is something unusual about this set of siblings. Because not only did Juana and Philip had the hots for each other, Margaret and Juan appeared almost immediately to be deeply in love.

Such passion between recipient of dynastic marriage arrangements was unusual, even though Maximilian and Marie had experienced something similar. The young couple, she was 17 and he was 18 were taking to long breakfast in bed and spending more time than protocol demanded in each other’s company.

Courtiers became concerned about the state of health of the young prince. He had always been frail, suffering from a range of ailments, and was now pale and out of breath. They wrote to Juan’s mother, Isabella of Castile, that the couple should be told to take it down a notch – at least for a while. The queen refused, even overruling her husband, king Ferdinand, arguing that marriage was sacrosanct.

By September Juan was already too weak to accompany the court to the wedding of his sister Isabella to king Manuel of Portugal. Juan and Margaret travelled to Salamanca to recover at the palace of the local bishop. He probably suffered from a combination of Tuberculosis and Smallpox. Things deteriorated into late September, so that Ferdinand was so alarmed he travelled to his son’s sickbed only to see him die on October 4th.

Contemporaries blamed the sexual demands of young Margaret for the death of the prince. This idea that the prince and with it the Spanish monarchy died of love has been recounted again and again and makes for good podcast material. But it is largely dismissed by modern historians as a case of finding a moral answer to a random event. There is no indication throughout her long life that Margaret had particularly excessive sexual desires, plus “death by love”  does not kill healthy young men, at best it can accelerate existing conditions.

So, no she did not shag him to death, but dead he was.

His death was however not yet enough to propel the Habsburgs to the throne of Spain.

With Juan dead, the next in line was his oldest sister, Isabella who had just married king Manuel of Portugal. And Isabella soon gave birth to a boy, Miguel who was set to inherit the whole of the Iberian peninsula and all the lands the Spanish and Portuguese were taking over in America, Africa and Asia right around now.

Madonna of the Catholic Monarchs – depistcing Ferdinand and Juan on the left and Isabella and her daughter Isabella on the right

But Isabella died in giving birth to little Miguel. And then little Miguel passed away, just 2 years old in the arms of his desolate grandmother Isabella of Castile.

And at that point the next eldest daughter, Juana became the heir to the kingdoms of Castile and Aragon. Ad after her, her son with Philip the Handsome, a boy named Charles, the future emperor Charles V.

At least on paper. For now Isabella and Ferdinand were still very much alive, and their two kingdoms weren’t yet absolutist states where any odd ruler was acceptable, as long as he or she had the right lineage.

These were still two very much separate kingdoms with separate representative bodies, the cortes, different cultures and historically, different political alliances. More importantly, royal succession in both, but particularly in Castile had been a mess. Not too long ago Queen Isabella of castile had herself risen to the throne in a civil war. She had disputed the rights of king Henry IV’s daughter who she argued was illegitimate. This was the last gasp of a rather complex set of wars of succession that date back to the expiry of the House of Barcelona in 1410. Aragon was a bit more stable, but they too had had their internal conflicts.

What I am trying to say here is that being the eldest child of the rulers of Castile and Aragon is a great starting point, but no guarantee of succession.

One of the ways to improve the chances of succession is of course showing up, shaking hands, making speeches, reassuring people of their positions, just generally, pressing the flesh.  Which is why Philip and Juana boarded the next best ship for Spain as soon as they heard the sad news of the unexpected passing of little prince Miguel.

Ahh – no. It took them 2 years to get there. What had gotten into the way was one of the whackiest marriage alliances ever contemplated. King Louis XII had offered to marry his only child, his daughter Claude, to Charles, the aforementioned two-year old son and heir to Philip and Juana and future emperor. This marriage would have united France, Spain, Italy and the Empire into one colossal monarchy. Imagine if that had happened and if that had worked, the continent would have been spared centuries of internecine warfare, Martin Luther would have ended up on a pyre, his name a footnote in the eternal list of failed church reformers. And together with the colonies, it would have created a world power, rivalling only with India and China. Or the continent would have atrophied into a gently declining, uncompetitive state where independent thought had difficulty to cut through and all resources were sucked up into its capital, wherever that was.

Louis XII leaving Alessandria to attack Genoa, by Jean Bourdichon

Anyway, this idea was so utterly bonkers, nobody really believed that Charles and Claude would ever get married. They were 2 and 3 years old at the time and who knows what would happen in the 10 years before that marriage could be consummated. Still negotiations took place and a detailed treaty was slowly taking shape. That treaty involved all the major players, Louis XII and Philip the Handsome as the fathers of bride and groom, Maximilian and Ferdinand of Aragon as the grandparents, as well as the pope, first Alexander Borgia and from 1503 onwards Julius II. All the parties had their own interests, much of which involved freezing out, if not destroying the Republic of Venice.  But only one of them thought it would actually happen, and that was Philip the Handsome.

Philip was, as it happened, mostly handsome. His political nous was seriously underdeveloped. In his lifetime he was not known as Philip the handsome, but as Philip “qui croit conseil”, Philip who follows his counsellors. The Spanish ambassador wrote back in 1500 that Philip was obeying his main advisor, the archbishop of Besançon quote “more than I have seen a monk obey his superior”. And these Netherlandish counsellors were either genuinely convinced that France was a reliable ally or had been excessively bribed by Louis XII, or both. Philip did not mind. He liked to hunt and party, he was charming and well liked, but he had no own political convictions, and he did not ever understand that France could never tolerate an assertive, strong Burgundian state in its rear.

Philipp der Schöne (1478-1506) by Juan de Flandes, Kunsthistorisches Museum Wien, Gemäldegalerie — GG 3872

And that is why he spent most of 1501 discussing this mega marriage with Louis XII, instead of making for Spain and making friends. Cosying up to France was much more up his street than the complexity of Spanish politics, a place he had not yet visited, where he did not speak the various languages and just generally had no interest in. Moreover, his advisors wanted to keep him in the still fragile and fragmented Netherlands, fearing a prolonged absence of the prince could result in uprisings or invasions.  And there was an intense debate between him and Ferdinand of Aragon over the route they were to take. Ferdinand feared that the French king, who he was about to fight a war over Naples with, would heavily influence, even apprehend the heirs to the Spanish crown. But Philip did not fancy a winter crossing of the Bay of Biscay and he believed Louis XII, his chosen ally and future father in law of his son. And so they travelled overland, enjoyed balls and festivities at the French court before they finally, finally appeared in Spain in January 1502.

On the face of it, things went alright. Juana was recognised as the heir to Castile and Leon and Philip as her prince consort. They celebrated grand entries into cities and confirmed ancient rights, thereby gaining the approval of the key players for their succession. The same happened in Aragon towards the end of that year.

But at the same time things had not been alright. The mutual infatuation of the couple had become increasingly one-sided. Philip, handsome as he was, attracted the attention of many a lady at his court and not being a serious person, indulged heavily. This was something not at all uncommon and the wives of reigning princes had been trained to endure it all with a smile. Juana may have received that same training, but it had not stuck. Juana did not accept the presence of mistresses, something her mother had been known to have done as well.

But her powers were very limited, even compared to other princely consorts. Though she was promised an annual sum to support her household, that money was never paid. Without such funds she was unable to establish her own circle of patronage which would have given her influence over the politics of her husband. This combination of political agony and inability to control her husband’s philandering seemed to have weighed heavily on her. Her behaviour became increasingly erratic. She once cut off the hair of one of Philipp’s mistresses and even allegedly disfigured her with scissors. She had tantrums, screaming uncontrollably at her household and Philip, who then locked her up in her room. There she resorted to what we call today hunger strikes as way force her readmittance to court.

Joanna and her husband with their Spanish subjects

Juana is best known by her moniker “the Mad” of “Juana la Loca” suggesting she was suffering from serious mental health problems. Historically this was diagnosed as schizophrenia, mainly based on an analysis by the German scholar Ludwig Pfandl. But this notion was challenged by Bethany Aram in her excellent book: Juana the Mad: Sovereignty and Dynasty in Renaissance Europe.  Aram argued that Juana’s sense of helplessness and desperation pushed her into these behaviours, like fasting, that had religious, if not saintly connotations, rather than suggesting madness. Her alleged madness was – according to Aram – predominantly a political tool employed by the men in her life, her husband, her father and finally her son, as a means to keep her away from actual power.

I can only recommend reading her book, if only for the parallels she draws with Ernst Kantorowicz idea of the two bodies of the king, and anyone who refers to him gets my thumbs up!

Most recent scholarship tries to tread a middle path. There are sufficient signs of excessive behaviour that suggests inherent mental health issues but that the treatment of her had exacerbated those until she reached full scale psychosis.

I do not have the time, nor is it the job of this podcast to offer an opinion on this heatedly debated question. What interests us here is how the Habsburgs got hold of Spain, and it is in this context that Juana is important.

Therefore let’s go back to the first journey of Philip and Juana to Spain. One thing that irritated Philip was his role as prince consort, pointing out again and again that his position in Spain derived solely from the claims of his wife. And then there was the broader political situation. France and Spain had initially agreed to split Naples up between themselves, but that agreement was falling apart during the course of 1502 and in 1503 all out war broke out between France and Spain. Philipp now found himself in an awkward position given he was consort of the heir to the Spanish kingdoms and a close ally of Louis XII. Ferdinand and Isabella tried to convince him to declare for Spain, after all his son’s future realm. Louis XII at the same time dangled the prospect of the marriage of little Claude and Charles before him.

Philip, as always dependent in his Burgundian advisors, decided he would return to Flanders before hostilities broke out in full. His wife was heavily pregnant and her parents refused to let her join Philip on the journey. For the following 10 months Juana was prevented from going to Flanders and rejoin her husband, presumably as a tool to force Philip to declare for Spain. Juana tried to leave in secret. So Isabella locked her daughter up in a castle. Juana was incensed and oscillated between again hunger strikes and standing on the walls of the castle all through the night.

Juana also gave birth to a son whilst Philip was away. The boy was called Ferdinand after his Spanish grandfather and would grow up at his court, whilst the other children grew up in the Netherlands, at the court of Philip’s sister, Margaret of Austria, she who everybody believed had vigorously helped propel Prince Juan to the afterlife. Only in 1503 after Ferdinand’s armies had fought a great victory over the French did Juana finally get permission to return to the Netherlands.

The next key moment in the saga came when the formidable Isabella of Castille, wife of Ferdinand of Aragon and mother of Juana died in 1504. Remember that she was the queen of Castile in her own right. Her husband, Ferdinand of Aragon had no legal right to the throne of Castile. As established by the Cortes in 1502, the heir to the throne was Juana, and after her, her eldest son, Charles.

That being said, the testament Isabella left behind was an extraordinary document. In it she acknowledged that Juana was the heir to the kingdom and after her, her son Charles. But she included a clause that read as follows: quote: “And also, in case upon my death the said Princess, my daughter, is not to be found in my kingdoms […] or being in them does not wish to or cannot govern them, [..], it is established that in such cases the King, my lord, should rule, govern and administrate my kingdoms and estates on behalf of the aforementioned princess, my daughter. End quote.

Eduardo Rosales: Isabella of Castile dictating her Last Will and Testament

Basically, her mother gave carte blanche to everyone to sideline Juana. If she rebelled in her usual way, the only way she had in the absence of money, people could take that as s sign of her madness, whilst if she did not rebel, well then she would be sidelined anyway. That is enough to make one mad.

It was also a slap in the face of Philip, who, as prince consort and father of the heir Charles, should be the administrator of the kingdom in case of Juana’s incapacity, not her father Ferdinand.

So why did she do that? Isabella realised that Juana was clearly under Philip’s spell and would ultimately do what Philip wanted. She and her husband were concerned that a foreign ruler would treat Spain as a secondary holding, like Spain treated Naples and Sicily. And Philip had made quite clear that he did not care much about Spain and Spanish customs. Even more importantly, Philip’s insistence to return to Flanders in 1502 and reluctance to back his in-laws in their conflict with France had made him out as someone whose interests, instincts and allegiances were at odds with Ferdinand’s. Hence if Philipp ruled Castile and Ferdinand Aragon, the two kingdoms would once again drift apart, undoing decades of consolidation work.

In practice Isabella’s testament now pitted Philip against Ferdinand and placed Juana in-between her husband and her father. If Ferdinand wanted to rule Castile, he needed to prove that Isabella was unfit to rule, whilst Philip, who until now had insisted that Juana was incapacitated, now had to take the opposite position, whilst at the same time keeping her under tight control.

This latter strategy became increasingly hard to sustain. Ever since Juana had returned from Spain, marital relationships had deteriorated even further. Philippe tried to constrain Juana by cutting her off from her Spanish entourage. Juana responded by sending a letter to her father, endorsing his takeover of the kingdom of Castile on her behalf. Hearing of that, Philip then placed his wife in solitary confinement with no contact to the outside world. She did manage to call one of Philipp’s senior advisors to come in for a meeting and when the elderly gentleman arrived, attacked him with a metal bar.

By early 1506 Philippe was of the view that he had finally broken his wife’s will, making it possible for him to travel to Castile and claim the throne. What is totally bewildering to me is that despite these constant fights and her mistreatment, Juana was almost constantly pregnant throughout her marriage, suggesting that there were at least occasional moments of conjugal harmony, or at  least one hopes so.

This time they went by ship, assuming it would be quicker. Time was of the essence since the grand plan of a marriage between the little boy Charles of Burgundy-Austria and Claude of France had been called off. All the negotiations and promises of world domination for the house of Habsburg had been nothing but smoke and mirrors. All that Louis XII had wanted was recognition from Maximilian as rightful duke of Milan, which he received, and time to recover from the loss of Naples in 1504. Once both of these objectives were achieved, Louis married Claude to Francis of Angouleme, the future king Francis I.

And Louis got involved in the struggle over the Spanish inheritance. The king of France now sided with his previous archenemy, Ferdinand of Aragon, against his former best friend, Philip the Handsome. This is again Machiavelli in action. And to drive a dagger into Habsburg ambition, Louis had furnished the aged Ferdinand with a new wife, Germaine de Foix. If she were to bear the old king of Aragon a son, that son would inherit Aragon, and may even seize Castile as well.

Bottom line was that Philip needed to get down the Bay of Biscay pronto. He set off in January 1506 from Holland, but got caught in one of the worst storms anyone had seen, that pushed them all the way back to England where the badly damaged flagship made landfall. That was a godsend for king Henry VII. The English king had been nagging the Habsburgs for two things, one was the handover of another Yorkist pretender, Edmond de la Pole, the Earl of Suffolk who had found refuge in the Netherlands. And a favourable trade deal with Flanders. Neither of these were things Philipp wanted or should have parted with easily. So he refused. Ignoring his refusal, king Henry VII kept entertaining the couple in a lavish fashion, but told his shipyards to delay the repair of the Burgundian fleet and instructed the coastguard to intercept any of their ships trying to leave. For months Philip and Juana were stuck in England, effectively very well treated hostages. Only when Philip signed a massively disadvantageous trade agreement, quickly dubbed the “malus intercursus”, and handed over the unlucky Earl of Suffolk, were they allowed to leave.

It took until April 1506 before they arrived in Spain. But that is where their fortune improved. The senior lords of Castile had found the hasty marriage of Ferdinand an affront to their former queen Isabella. Moreover, Ferdinand had tried to implement administrative reforms that reversed some of the handouts to the senior nobles under Isabella’s reign and generally aimed at tying the two kingdoms closer together.

When Philip arrived, the Castilians saw an opportunity to get rid of the old wily fox of Aragon and fleece the feeble Philip for all he, or more precisely his wife, was worth. Most likely to their own surprise the couple were welcomed by all the high and mighty lords of castile. They swore allegiance to their queen Juana and her handsome consort. They entered one grand city after another in great pomp and within just weeks they had control of the kingdom.

And then Philipp did something that terminally tainted his already not exactly splendid reputation. Given the marital tensions were not likely to resolve themself any time soon and Isabella’s testament had been unambiguous in as much as it did not allow for his guardianship of Castile, he needed his wife – who was, once again, pregnant, to be neutralised. And so he got together with Ferdinand and made a deal. Ferdinand who saw little chance to shift opinion in Castile and also had issues in Naples to deal with, recognised Philip and Juana as king and queen of Castile. He received a generous pension in return that cut deep into Philip’s pockets. And, her husband and her father together declared Juana insane and confined her to the palace of Tordesillas. Juana reacted by oscillating between uncontrolled rage and deep depression. This ultimate betrayal by the husband she loved and the father she admired was probably what tipped her over the edge.

Meeting of Philip and Ferdinand II of Aragon in Remesal on 20 June 1506

The succession crisis resolved in a manner of speaking, Philipp settled into his role as sole ruler  of Castile. The nobles who had received him so enthusiastically soon cooled in their affections. Philipp only really trusted his Netherlandish advisors who he rewarded lavishly with Spanish lands and titles. His court was an unending sequence of dazzling festivities, all funded by rising taxes. The Flemings as they called them were quickly hated by everyone and Philip’s reign was about to descend into crisis. And by the way, Ferdinand had gathered his key advisors right after his deal with Philip and made them witness him declaring to have been forced to sign and that he would continue to fight for the rights of his beloved daughter..etc., etc..

A civil war was literally about to break out when Philipp suddenly caught a severe fever. He had always been prone to stress related illnesses and  this time the combination of the hostility of his father in law, the lost grip on the Castilian nobles, demands of the father to facilitate his coronation journey to Rome, the Spanish climate and some kind of viral infection did it for him. Or maybe he was poisoned.

In any way, he was gone. What followed is the most famous part of this story. Juana was released from her jail and was now queen of Castile. She ordered that her beloved husband was not yet to be buried. She travelled all over her kingdoms with the coffin and had it opened -only at night to kiss the man she had loved on his cold lips, and who she now had all to herself. I have no intention of going any further into this gory story, but suffice to say, the Castilian nobles realised that their queen was indeed no longer able to rule. They reluctantly called on Ferdinand to take the reins of the kingdom on behalf of the ultimate heir.     

Joanna the Mad Holding Vigil over the Coffin of Her Late Husband, Philip the Handsome. Juana la Loca de Pradilla by Francisco Pradilla Ortiz, 1877.

At this point Spain could well have been lost to the Habsburgs. Ferdinand was back in control of Castile. Maximilian was a thousand miles away in Austria with no money or allies to intervene, plus he had to shore up the family position in the Netherlands first. Just to get an idea how poor Maximilian was, funding the cost of the cloth to clad his court in mourning was a major issue. Meanwhile Ferdinand was 54, old for the age, but he still had another 10 years in him. His wife, Germaine de Foix was 18. So children from this relationship were possible, even though their first child died within just 2 days.

And even if that did not work out and if Ferdinand had cared only about keeping the Habsburgs out, there would surely have been some remote cousin in the Trastamara family who could be dressed up as the true born Spanish heir. And last but not least, there was little Ferdinand, the second son of Philip and Juana who was growing up as a Spaniard at the court of his grandfather.

Why none of this happened is a true mystery. Most books I read on this simply say that Ferdinand and Maximilian came to an agreement whereby Ferdinand accepted his grandson Charles’ right to inherit both Castile and Aragon in exchange for his lifelong regency over Castile. Even Hermann Wiesflecker, and apologies for calling him Wiesecker in the last episode, devotes merely two paragraphs in his five volume, 2,500 page magnum opus to this event. Given the long term repercussions of Habsburg’s inheritance of Spain, digging into this looks to me like the mother of all dissertations.  

Whilst we do not know how it happen, we know that it did happen. Ferdinand ruled both Castile and Aragon until his death in 1516 without interference by Maximilian or any other Habsburg. And quite successfully so. His political and administrative measures forged the two kingdoms ever closer together. Through his second wife he acquired the part of the kingdom of Navarre south of the Pyrenees, thereby completed the consolidation of Spain. And, of course, he promoted the expansion of the Spanish empire in the Americas, though the great riches of Mexico and Peru would only be seized after his death.

When the heir to all of this, Charles, arrived in Asturias in 1517, his subjects initially thought they had seen an enemy fleet arriving. The young man, who had grown up in the Netherlands and did not speak a single word in any Iberian language was received hesitantly by his new subjects. The dreaded notion that a foreigner would take over and make Spain an appendix and a mere source of men and material for adventures in Italy and Germany, was about to become reality. They quickly gathered around Charles’ brother, young Ferdinand, who was more Spanish than Habsburg in any respect.

Hence one of Charles’ first acts was to send Ferdinand away to Austria where he would spend most of his career. Charles himself only stayed two years, irritating everybody by appointing his trusted Netherlandish advisors – them again – to all the key positions. N 1519 Maximilian died and Charles headed back to Germany for his coronation in Aachen. As soon as he was gone revolt broke out. This revolt, known as the revolt of the Comuneros was driven mainly from the cities, Valladolid, Tordesillas and Toledo. They objected to the expense of the court, the taxes raised to fund Charles’ election as Holy Roman Emperor and the appointment of the Netherlanders to high office, in particular that of a 20-year-old Flemish nobleman as archbishop of Toledo. All this weighed heavily on a country whose economy had suffered from the expulsion of the Jews and Muslims. But underneath were even deeper sources of discontent about the rapacious Castilian nobles who were encroaching on the rights and territories of the cities. So the revolt took on a distinctly anti-aristocratic tinge, making some people call it the first real revolution.

Still they sought legitimacy for their actions. They claimed they were acting in defence of the rights of – drumroll – Juana of Castile, Charles’ mother and officially the Queen alongside her son. Juana had spent the previous 10 years locked up in the palace of Tordesillas. But when they approached her, Juana refused to turn on her son and she was brought back to her cell.

Though the revolt gained traction amongst many of the cities in the centre of the Iberian peninsula, ultimately the royalist forces effectively the nobles of Castile won out. At the battle of Villalar in 1521 the revolutionaries were defeated and the centre of the uprising, Toledo, surrendered the following year.

A 19th century work by Manuel Picolo López depicting the Battle of Villalar

When Charles returned to Spain in 1522 he had learned his lesson. By now he had mastered Castilian Spanish, replaced his Netherlandish advisors with locals and spent the next 7 years consolidating his power over Spain, a power the Habsburgs would maintain for almost 200 years and that gave them the resources to rise to the top of the political tree in Europe.

And what about Juana? Her son visited her only twice and gave the order that quote: “It seems to me that the best and most suitable thing for you to do is to make sure that no person speaks with Her Majesty, for no good could come from it”. She spent the rest of her life in isolation in the palace of Tordesillas until her death in 1555, aged 75, her condition deteriorating further and further.

Queen Joanna the Mad, confined in Tordesillas with her daughter, the Infanta Catherine — Francisco Pradilla y Ortiz, (1817) Prado Museum, Madrid

Next week we will look at what our friend Maximilian was up to during that period, namely how he navigated the still ongoing Italian wars, in particular his fight with the King of Fish as he called the doge of Venice in his fictional autobiography, the Weisskunig. Join us again in another tale of highfalutin plans and dismal execution.

And in the meantime, go get printing History of the Germans artwork on your mugs, phones and outerwear. I have put a link into the show notes. And whilst you are at it stop by historyofthegermans.com/support.

The Imperial Diet at Augsburg in 1500

Ep. 228 – Maximilian I (1493-1519) – The Princes and the Emperor. History of the Germans

Click here to: Listen on Apple Podcast

Click here to: Listen on Spotify

Transcript

Hello and welcome to the History of the Germans: Episode 228 – Maximilian I (1493-1519) – The Princes and the Emperor.

If there was one group that consistently thwarted Maximilian’s grand plans for world domination, it was the princes of the Holy Roman Empire. He had given in to their demands for Imperial Reform, had granted the Reichstag far reaching powers, had established the Reichskammergericht as a law court independent of imperial authority and had announced the much longed for ban on feuding. But did the princes, counts, knights and cities hold up their end of the bargain and paid him taxes to raise the armies needed to defend the borders of the empire – well you bet.

They left him hanging before Livorno, they collected berries instead of fighting in the Swiss war, and – spoiler alert – they will not raise a little finger to help Ludovioco il Moro to regain his duchy of Milan, even though Milan had been an imperial fief since the days of Charlemagne and Otto the Great. No money, no soldiers, nothing.

When Maximilian called a Reichstag in Augsburg to raise support for his ally, the duke of Milan, the princes stalled the opening until news arrived that Ludovico had been captured and marched off to a French prison where he would end his days.

Small sidebar here. Ludovico il Moro had been Maximilian’s most important source of finance. He had paid him a sum total of a million florins over the years, many multiples of the empire’s contributions. And when Ludovico demanded payback from Maximilian, the emperor had to raise his hands and admit that all the cash had gone and that he had no soldiers or vassals he could call on to help. In his decisive battle against the French, Ludovico was deserted by his Swiss and German mercenaries, because he could no longer pay them. There was no money no more.

Ludovico il Moro during better days

Let’s go back to Maximilian’s problem with the imperial princes.

As we have seen these last dozen or so episode, the two emperors, Friedrich III and Maximilian had a whole host of problems. There were the external enemies, the Turks, the Hungarians and most prominently, the French. Soon Venice will join this not very exclusive club. Another issue were family frictions, Friedrich III with his brother and cousins and now Maximilian with his son Philip the Handsome. Then there was the limited capacity of their homelands to sustain their pan European political ambitions. These capacity limitations were in part inherited from predecessors, namely Sigismund in Tyrol and Charles the Bold in Burgundy. But that was exacerbated by the nonchalant way they managed their resources. Pushing again and again for taxes and subsidies, but rarely investing these in infrastructure or even the effective defence of their own borders.

But their, and in particular Maximilian’s, Achilles heel was the lack of support from the Empire. We have done the numbers before. But let’s just reiterate. The empire, including Bohemia, the Swiss Confederacy, Savoy, Provence, Northern Italy, and the Low Countries held 23 million people compared to France’s 13 million, Spain and England at single digit millions and even the massive Jagiellonian empire of Poland, Lithuania, Ukraine, Bohemia and Hungary came to no more than 12 million. Moreover, the Empire comprised all the wealthiest and most “industrialised” in inverted commas parts of the continent. In other words, if united, the empire was a colossus that could force all its neighbours into submission.

The Holy Roman Empire in 1356

We know and the players of the Renaissance game of painted thrones knew that the empire was not united. But nobody yet knew how disunited it was. The did not know for a fact that the Swiss would go their entirely own way and that Northern Italy would become a pawn in the contest between Spain and France. When The French king, the doge of Venice, the Pope, the king of Naples, the duke of Milan, the kings of Spain and England made their political calculations, they had to assume that there was a not insignificant probability that tens of thousands of battle hardened Teutones could come across the alps at any moment. That is why they sent observers to the various Reichstags and that is why they offered the German princes brass and brides.

And that concern or hope, depending on viewpoint is what kept Maximilian in the great game of European politics. Ludovico il Moro kept shelling out cash and marrying his niece to Maximilian because he believed the threat of an imperial intervention would keep Louis XII away. The Holy League invited Maximilian because they thought he could bring a mighty force to sway the battle of Fornuovo. And when Maximilian presented his grand plan to wipe the upstart French king off the map, they all listened.

But in all of these cases, Maximilian came up short, incredibly short. Every single time the Reichstag refused the money to hire the armies, or if the tax was already agreed, failed to collect it. They did not even honour his demand to join him on his coronation journey to Rome. So Maximilian only ever brought along tiny armies, essentially all that his exhausted lands could afford.

Which leads to the simple question, why?

We know why the imperial princes refused to support Friedrich III except for that one time at the siege of Neuss. The princes did not fight for that stubborn old man, because the old man was so stubborn and had consistently refused to grant imperial reforms that in any way reduced the imperial prerogatives – to the extent those still existed.

But why did they refuse to help Maximilian who had given in to most of their demands at the Diet of Worms in 1495 as discussed in episodes 223 to 225 and Duncan Hardy had so eloquently explained?

The common view shared by Maximilian’s most thorough biographer, Hermann Wiesflecker, is also the simplest. These princes did not care one bit about the empire, not its institutions, its reputation, not even its territorial integrity. All they cared about was their own advancement, the transformation of their bundles of rights into territorial states. And most of all they cared about their independence from the emperor, which is why they did not want him to be successful and hence powerful. They were unfazed by neither the French nor the Ottoman threat, since the borders to these powers were manned by the House of Habsburg and as long as the Habsburgs had money or at least credit, they should have the honor and expense of being the shield of Christendom. And reading some of Maximilian’s speeches, this was very much the view of the emperor and his entourage.

Heinz Angermeier, the preeminent historian of the imperial reform process, believes that there was a structural fault in the imperial reforms of 1495 that prevented the princes from wholeheartedly buying into the project. The 1495 reforms had provided institutions dealing with rulemaking, the Reichstag and adjudicating, the Reichskammergericht. In modern parlance, that would be the legislative and the judiciary power. But it had not created viable institutions for the exercise of executive power. Hence the years following 1495 were taken up with defining the structure, rights and composition of this executive power. Only once this had been settled could the princes accept a reduction in their sovereignty in exchange for an increase in justice and stability.

And there is also a third option, which is that the princes believed that Maximilian’s plans were bonkers, which is English for nuts and durchgeknallt in German. The grand Plan of surrounding and burying the French king under the ruins of the Louvre was simply one set of many steps too far. They wanted their emperor to first sort out the still raging feuding in in the empire before he set off on wild adventures in foreign lands.

Let’s keep these three perspectives in mind as we look into the Imperial Diet of Augsburg in the summer of the year 1500. And yes – we have now officially crossed the line into the 16th century!

This gathering had been scheduled for the beginning of the year leaving enough time to raise an army that could support Ludovico il Moro in his attempt to take back Milan. But the delegates dithered and delayed until April, when news arrived that Ludovico il Moro had already been betrayed at Novara and had been apprehended by the French authorities.

And just another little titbit about the events that led to the duke’s arrest, which says a lot about the Swiss mercenary and justice system. Here is the situation. The French had defeated Ludovico in a battle outside the walls of the city of Novara in Northern Italy. Ludovico lost the battle mainly because his Swiss mercenaries refused to fight other Swiss mercenaries in the pay of the French king. And then there was the minor issue of not getting paid. After the battle Ludovico and his remaining soldiers, including his Swiss mercenaries, gathered inside Novara and soon thereafter capitulated.

The Swiss mercenaries were granted the right to leave with their weapons and were now filing out of the town. Ludovico on the other hand was asked to surrender and hand himself over. Something he had no intention of doing. Instead he tried to flee, disguised as one of the Swiss mercenaries. The French suspected this and hence French officers controlled each of the men leaving Novara.

Ludovico’s mercenaries, offered a bag of silver and probably feeling a bit ashamed, were willing to smuggle him out. And the scheme worked reasonably well for a while.  Though obviously a lot of the soldiers knew who he was, the Swiss officers made sure they all stayed stum. Once the vast majority of the soldiers, including Ludovico had passed through the gate, the French began to panic that their great prize had escaped them. They walked back and forth checking all the men who were around for a second and third time. At that point Hans (or Robert) Turmanni from the canton of Uri approached a French officer asking him what he would pay him to point out the duke. Apparently the price of a deposed duke in 1500 was 200 florins. The French paid and Turmanni pointed at Ludovico, Ludovico was captured and ended his days in jail.

Der «Verrat von Novara» – eidgenössische Söldner übergeben den Herzog von Mailand an die Franzosen (Luzerner Chronik 1513)

Now comes the interesting part. What do you think happened to the traitor Turmanni? If he had been an ordinary landsknecht, he would have disappeared, nobody knew him, nobody could ever find him. But the Swiss were different. Everybody knew everybody. And hence everybody knew who had betrayed the duke. They knew who he was and where he lived. And they told everyone at home in Uri what he had done. Hence when Turmanni dared to come home three years later believing everybody had forgotten about the affair, he was in for a shock. He was dragged before a court, accused of dishonoring the regiment and betraying the Swiss confederacy who wanted to keep the duke for themselves. Witness statements were taken and a jury condemned him to death and had him executed. Events like this earned the Swiss mercenaries a reputation for being disciplined and reliable.

 Back to the Imperial Diet in Augsburg.

When Maximilian was finally able to open proceedings, he must have been raging with anger. Once again the imperial princes had left him in the lurch, and this time in the most humiliating fashion. He might not have liked his wife Bianca Maria Sforza much, but seeing her uncle frog marched into a French prison was an affront of epic proportions.

He began his speech talking about the many threats to the empire, from the Turks and now from the French who were not at the border, but inside the borders of the Holy Roman empire. And let us not forget the Venetians who have taken large sways of what had once been the March of Verona and the Patriarchy of Aquilea, with not as much as a by your leave. Things he said were about to become much worse. The king of France was soon going to travel to Rome and be crowned emperor, taking away the grandest of imperial princely titles, that of Prince elector. And then the French, together with the Venetians will attack the Austrian lands, come across the Alps and take their principalities one by one.

What was needed was to complete the reform process and establish a standing army, such as the French, the English, the Spanish, the Hungarians and probably a number of others already had. Such an army would need a permanent source of funding, not an ad hoc grant of money that never ever arrived.

The response from the princes? Obviously Maximilian’s mind had once again left off on one of his pipe dreams. Only because you, Maximilian want to see the king of France burning to ash in his palace, does not mean Louis wants the same for your or us princes. The king of France, the princes said, was a sensible man, a man one could do business with. They will send him an embassy to negotiate a deal and all will be fine.

There is a bit of a gap in the political positioning here.

We have no detailed accounts of the proceedings, but it is likely that discussions went back to one of the proposals of the diet of Worms that were not implemented. Berthold of Henneberg, the archbishop of Mainz and archchancellor had pushed hard for what he called the Reichsregiment, a government made up of princes and city representatives who would manage the affairs of the empire on the day to day. Maximilian had rejected this in Worms in 1495 as going too far in reducing his powers.

But now Maximilan seemed to have been more amenable to the idea. What brought on that change of mind cannot be ascertained. Wiesecker argues that Maximilian had been pushed into a corner by the princes along the lines of sign here or all your power will be lost. Angermeier takes a different stance. According to him Maximilian saw value in the idea of having a permanent institution that would handle administrative matters and deals with emergencies. He had seen that the imperial reform had been incomplete without some form of executive branch. Maximilian’s preferred option had been to establish imperial circles that bundled smaller and larger principalities together under an imperial captain. There should be four of those, excluding the Habsburg lands. But the idea of the circles were rejected by the princes, which meant we discussion circled back to the Reichsregiment.

And that is where they came out in the end. The Reichsregiment was made up of 20 members, which included the prince electors, a rotating set of representatives of the princes and the cities and 2 imperial knights. The emperor had the chairmanship of the Reichsregiment when he was present in person, otherwise it fell to the most senior prince, which was usually the archbishop of Mainz, aka Berthold of Henneberg.

They took on the responsibilities of the Reichstag when it was not sitting, which included the right to issue imperial bans. They had oversight of the Reichskammergericht and responsibility to maintain the Ewige Landfrieden, aka the ban on feuding. And they had oversight of the collection and distribution of the imperial taxes. They took up residence in Nürnberg.

What did Maximilian get? What he was promised was a permanent army of the empire under his command. That sounds like very little for giving up pretty much all of his rights as a monarch. However, we have to remember that in the mind of most medieval rulers and in many ways Maximilian was a medieval ruler, warfare was the main task of a monarch. He did not think much or cared much about building infrastructure, policing or welfare policies. So he was happy to hand these tasks over to the princes, who he understood he needed. If he received a standing army in exchange for this, that would be a fair deal, not a brilliant deal, just a fair one.

So though he sounded a bit clipped when he delivered the concluding statements of the Reichstag, I do not think he thought this was an apocalyptic fail that will cost him all that was left of the power that an Otto the Great or a Barbarossa once wielded.

The reckoning came when the Reichregiment held its first session and decided that the command of the imperial army should go to one of the imperial princes, not to Maximilian. And of course this army was never established nor were the common taxes ever collected.

In the discussions in Augsburg Maximilian had said, that if the princes refused his call for support once more, he would not wait for his enemies to steal the imperial crown. He would rather smash it onto the floor and pick up the pieces. What he meant by that was that he would let the empire go down the drain, take whatever imperial lands were left for himself and let the smaller and mid-sized estates fall prey to the bigger ones in one gigantic civil war.

Well, none of that crown smashing happened, but the civil war did indeed happen.

Maximilian decided to completely ignore the Reichsregiment and the other institutions created in 1495. He promoted his Reichshofrat as an effective source of justice and focused on his own lands for once. He did implement some major administrative and military reforms in Austria, Tyrol and Further Austria that laid the foundations for the Austro-Hungarian imperial administration of the centuries that followed. He built the Zeughaus, the great armory of Innsbruck where he housed his artillery, one of the most sophisticated and innovative in europe. It is also here where he established an armorers workshop that attracted masters from Nürnberg and Augsburg, an establishment that rivalled the city-based manufacturers in scale and quality. He did bide his time and focus on other matters.

Meanwhile the Reichsregiment prove almost immediately to be extremely ineffective. A committee of 20 is unwieldy in the best of times, but one that includes representations from various estates, most of them rotating in short intervals and then being superseded by the Reichstag when it was sitting, that was instant paralysis. Tax discipline did not improve so the Reichskammergericht ran out of money and was temporarily shut. And anyway, its judgement could not be enforced since the famous standing army was never established.

It did not help that Berthold of Henneberg, the motor behind that whole endeavor died in 1504.

Ah, and then there was the minor issue of a massive civil war. It is a war we have already heard about, the war of the Landhut succession from episode 197. I just knew that one time it would come in handy, because I do not have to go into much detail here.

Bottom line was that Duke Georg the Rich of Bavaria- Landshut, he of the famous Landshut wedding, left behind just one daughter. According to the Wittelsbach family compact that should mean his duchy would go to his cousin, Albrecht of Bavaria-Munich. And with that all the dukes men would have done the impossible and put Bavaria back together again. But Georg no longer liked his cousin Albrecht and in his will gave all his lands and titles to his daughter and son-in-law. That son in law was from the other branch of the Wittelsbachs, the Counts Palatine on the Rhine.

You will be surprised to hear that this disagreement was not resolved by the Reichskammergericht as should have been the case under the Ewige Landfrieden. Instead it was resolved by force of arms. And since Albrecht was Maximilian’s brother in law, he and all the Habsburg allies lined up on this side, whilst Habsburg’s strongest opponents lined up on the other.

Triumphzug Kaiser Maximilians I. (die Böhmenschlacht und der böhmische Trophäenwagen) von Albrecht Altdorfer (Regensburg um 1512–1515)

The whole affair was extremely brutal as both sides used the famously undisciplined Landsknechte whose skill in raping and pillaging was unsurpassed at the time.  And even in this merciless conflict, Maximilian’s brutality stood out. When the garrison of Kufstein surrendered after a long siege, he had all the defenders executed as traitors. And then he had the event immortalized in an engraving by Hans Burgkmair.

The Execution of the Guardian of Kufstein, from “Der Weisskunig” by Hans Burgkmair 

And this time Maximilian did win.

At the next imperial diet, in 1505 in Cologne, he formally abolished the Reichsregiment that had so obviously failed to prevent this violence. And he showed himself again as a magnanimous ruler when he created a new statelet from bits of Georg’s inheritance for the defeated party. Pfalz Neuburg as this was called became the childhood home of Georg’s grandson. Ottheinrich of the Palatinate, one of Germany’s most impressive renaissance princes, architect of the Centerpiece of the Heidelberger Schloss, and owner of some of the grandest pieces of armor ever produced.

The ruins of the palace “Ottheinrichsbau” in Heidelberg Castle, Germany. Built from 1556 to 1566.

The combination of the utter failure of the princely Reichsregiment, the victory in the war of the Landshut succession and his magnanimous verdict gave Maximilian the leeway to once more adjust the imperial constitution. He introduced the imperial circles in 1512, the ones that actually worked, and tasked them with enforcing the judgements of the reconstituted Reichskammergericht.

And he abandoned the common penny for the Reichsmatrikel, the system whereby every estate committed to provide a set number of riders and infantry or their equivalent in cash. That took out all the uncertainty about how much in taxes could be raised and from who. And most importantly, tax collection was in the hands of the estates, meaning there weren’t imperial tax collectors roaming around the empire and  undermining the integrity of the territorial principalities.

That was an arrangement the princes could live with. Sure, they did not want to be brought under the cosh of their imperial overlord. At the same time they realized that they could not operate in an open, dog eat dog world. Rules needed to be and the Reichsregiment of 1500 and its second iteration in 1521 showed that a weak imperial oversight was better than a closer control by the princes, which in practice meant by the prince electors.

Hence the empire settled into this model of a mixed monarchy where royal prerogatives were shared between emperor and estates that made the Holy Roman empire so unique. And in this system Maximilian and his successors were able to raise forces, not the overwhelming force the empire could in theory mobilize, but better than nothing.

For once in a long time a success for Maximilian. But there are more to come as we go through the next few episodes. The early modern world and its two main protagonists, the kingdom of France and the Habsburg, not the Holy Roman Empire, are taking shape. If my planning holds, we should be soon see the full picture of what Maximilian’s grandson, Charles V will inherit. And once we see that, this season will come to its close, and the next one, the great one, the one about the Reformation will kick off.

I hope you will stick around for that. I am pretty sure it will be worth it

And before you all go, let me thank all you generous patrons who keep this show on the road and advertising free. I keep getting asked to join podcast networks that would take on much of the dour marketing activity and promise a massive increase in listenership. But these offers come with a sting, i.e., I would have to allow advertising on the show. After all these guys do not run charities. But I want to stick to the strategy I once decided to follow, which makes this endeavor entirely dependent on the generosity of such lovely people like Thomas R., Thomas B. C., David P., Matt N, Tom D., who is also a huge supporter across all social media platforms, and the John W. who sadly passed away recently. And if you want to join this elite group, go to historyofthegermans.com/support where lots and lots of options await you.

The Swabian (Swiss) War of 1499

Ep. 227: Landsknechte vs. Swiss Mercenaries – The Swabian (Swiss) War of 1499 History of the Germans

Click here to: Listen on Apple Podcast

Click here to: Listen on Spotify

Transcript

Hello and welcome to the History of the Germans: Episode 227 – Landsknechte vs. Swiss Mercenaries – The Swabian (Swiss) War of 1499.

Why are the Swiss called the Swiss? After all, Schwyz in only of 26 cantons, and not one of the largest ones. How did the proud and prosperous citizens of Zurich or Berne, mighty city states in their own right, decide they wanted to be named after a mountainous region largely inhabited by peasants tending to their gorgeous brown cattle, the Braunvieh. They even called their national airline Swissair, until my former colleagues at McKinsey let the air out of that one.  

So, why Swiss? The answer goes back to today’s topic, a war that the Swiss call the Schwabenkreig or Swabian War.  This war played a massive role in Swiss historiography, and its main battles at the Caven and at Dornach was mentioned in the same breath as Morgarten and Sempach. It was seen as the moment when Switzerland de facto exited the Holy Roman Empire and  began ploughing its own furrow in European history. Meanwhile in Germany, this war that we called the Schweizerkreig or Swiss War is largely forgotten amongst the hundreds of other military conflicts.

It was also the first of many contests between the two formidable fighting forces of the Renaissance, the Swiss Reisläufer and the German Landsknechte.  These soldiers of fortune have percolated the national consciousness on both sides, their fanciful dress depicted in art on both sides of the Rhine and still providing one of Rome’s most instagrammable photo opportunities.

Landsknechte, etching by Daniel Hopfer, c. 1530

That on top of the usual incompetence and skullduggery should be incentive enough to listen to this episode.

But before we start let me remind you that this show is advertising free and I have decided to reduce the number of times I do these little sections to only every second episode. Trust me, I do not like doing them and I guess you do not aways enjoy hearing them. But they are weirdly effective. So, if you want them to be fewer or even completely disappear, you can go to historyofthegermans.com/support and add make a generous contribution as Stephen L. Tomislav Z., Inka O., Janet S. Kate F. H., G.J. and Christian T have already done.

And with that, back to the show.

The first thing to say about this war is that nobody wanted it, least of all our friend the still only King of the Romans, Maximilian. As we heard last week, the great Habsburg had made himself the butt of all jokes in Europe, when his grand plan to crush the king of France literally sank to the bottom of the see in the bay of Livorno.

He was politically almost completely isolated. The former members of the Holy Leage had one by one made peace with the new king of France, Louis XII, First Spain, then Venice shook hands with their former enemy in the hope to make some gains in Naples and Lombardy. The pope could be bribed with the promise of a principality for his eldest son, the notorious Cesare Borgia.

The biggest setback for Maximilian was however the peace treaty his son Philip the Handsome, ruler of the Netherlands had signed with king Louis XII on July 20th 1498. That deal was made whilst Maximilian was fighting on his son’s behalf for the duchy of Burgundy. This was a true stab in the back and Maximilian would forever complain about his only son’s lack of backbone.

Maximilian’s last remaining ally was Duke Ludovico Sforza “il Moro” of Milan. These two guys now clung to each other like two drowning men hoping to survive the wreckage. And the new king of France was about to drive his speedboat right over them.

Louis XII, was the grandson of Valentina Visconti of the Visconti family who had once ruled Milan before the Sforza had replaced them. And that was enough for him to claim the enormously wealthy duchy for himself. He took one look at the handsome Philip and decided that, irrespective his wealthy lands and increasingly greater prospects, that he was not the most important threat. If he could keep him calm, he would have his back free to go down to Italy. Which is precisely why Maximilian was so upset about Philip the Handsome’s deal with Louis XII. Maximilian came up to see his son and his new wife, Juana of Spain, professed his delight at their joyous union and the imminent prospect of a child. He even started another campaign against Gelders as a way to convince Philip that a more assertive stance against the French was affordable. But Philip and his advisor as well as the Estates General remained unimpressed. They would not stop Louis XII from going down to Italy. Maximilian’s friend the duke of Milan was running out of time fast.

Louis XII personal badge and royal beast was the porcupine, a large nocturnal rodent with a coat of sharp spines or quills.  He decorated his castles, paintings, tapestries, coins, liveries and manuscripts with images of porcupines, as a symbol of both defense and aggression, since people at the time believed porcupines could shoot quills at adversaries.

Despite this lack of understanding of the animal’s anatomy or the importance of biscuit tins when it comes to porcupines, it was a most suitable sigil of the times. A porcupine’s back looked very much like the squares or Haufen of massed pikemen the Swiss Mercenaries were so famous for.

And this brilliant segue gets us now closer to today’s subject. The Swiss mercenaries played an important role in the political equation. French military doctrine had focused very much on a standing cavalry army. Infantry had been seen as cannon fodder by the French Aristocrats during the Hundred year’s war and was hence recruited as mercenaries. As we mentioned multiple times, throughout the 15th century infantry had continuously risen in military importance, until they had now become absolutely crucial.  And by 1499 Europe’s most revered mercenary troops were the Swiss. Their success in the battles of Grandson, Murten and Nancy against what was then believed to be the greatest military force in Europe. Charles the Bold’s army, had made sure of that. Episode 215 if you want to check back.

Battle of Grandson – Luzerner Schilling

Hence what Louis XII needed for his Italian campaign was access to Swiss mercenaries. And in turn Maximilian wanted to prevent that.

The hiring of Swiss army contingents was a well regulated process. Most cantons maintained a militia who were trained in the unique fighting style of the Swiss Gewalthaufen, the pike squares. They had their officers and petty officers and members of the militia owned their necessary equipment, namely a pike or halberd, swords, knives and some pieces of armor.

They were in effect readymade regiments, able to be deployed within just a few weeks. These  regiments could only be hired from the Canton’s administration,  be that the Eldermen, the city council or occasionally a bishop.

There were however restrictions to these contracts, namely that these contingents could not be used to fight other Swiss contingents and that they could be recalled at any time if their homeland was in danger.

These conditions meant that over time the Swiss lined up with one side in any of the major conflicts. And given the largest conflict at the turn of the 15th century were the Italian Wars, the decision of the cantons who to send their militia to was often decisive.

And this decision was not just a function of money. If it had been this, the king of France would have always had first dibs. But on occasion the eternally skint Maximilian was able to recruit Swiss contingents. The canton’s political authorities would take into account non-monetary benefits like the opportunity to extend their territory or long standing political alliances. Allegiance to the emperor and ancient feudal obligations even played a role. Making a deal with the French was not a given.

Hence Maximilian had been cultivating friendly relationships with the Swiss Confederacy. One of his first acts after he had been elected king of the Romans was to confirm the generous peace treaty his uncle Sigismund of Tyrol had signed. And throughout the build-up to his grand plan he had encouraged his allies, in particular Ludovico il Moro to hire the Swiss. Even when the Swiss signed a contract with king Louis XII in 1498 whereby the French were given exclusive access to Swiss mercenaries in exchange for a generous pension paid irrespective of actual deployment, Maximilian still kept being super friendly hoping things may turn around at some later stage.

Now Maximilian may be doing a lot of schmoozing, but how warm and fuzzy did the Swiss feel about him, his family, the Habsburgs in general, and the empire more broadly?

Historically the Habsburgs had been the archenemy of the Confederacy. As we heard in episodes 150 and 205, this unique political structure had been created specifically to defy the Habsburgs. And it was not so long ago that Friedrich III had brought the Armagnacs in to end this “abomination” as he called them. But more recently Sigismund of Tyrol had joined the Swiss in their war against Charles the Bold (Episode 214) and a perpetual peace had been signed and confirmed between the two sides.

But from a Swiss perspective, there were still some serious issues here. When Maximilian married Marie of Burgundy, the two traditional opponents of the confederacy, Habsburg and Burgundy had joined forces. Sure, the low Countries were exhausted, the duchy of Burgundy had gone to France and Maximilian was perennially broke. But thinking long term, this could become a very uncomfortable situation. Moreover, Maximilian’s closest ally was Milan, the Swiss neighbor to the south. That makes a firm alliance with Maximilan and his family and friends a worrying consideration. Nothing imminently problematic, but you know the Swiss, they think long term.

And there was a political move that had irritated the Swiss further, and that was the formation of the Swabian League, the Schwäbische Bund. This association was founded by Friedrich III in 1488, mainly as a counterweight to the Wittelsbach and a tool to recover the Tyrol and further Austria as we discussed in episode 221.  But it did irritate the Swiss. The Swabian league pooled together the fragmented political entities on their northern border, the various counts and imperial knights of Swabia as well as cities like Konstanz, Ulm, Lindau, Ravensburg and Rottweil. Previously some of these places had shown interest in becoming what was called “zugewandte Orte”, a sort of associated members of the confederacy. The creation of the Swabian League blocked the expansion of the Confederacy into these regions.

Then, more recently, the empire had agreed the reform package that included the Ewige Landfrieden, the Reichstag, the Reichskammergericht, and the Common Penny we discussed in episodes 223 to 225

The Swiss were and understood themselves to be part of the Holy Roman Empire. Zurich, Berne and the others were free imperial cities, the rural cantons, estates of the empire. There were bishops and abbots here who enjoyed immediacy.

But these new imperial institutions were a headache. For one, they did not offer any benefit. The confederacy had already successfully eradicated feuding. There were courts and enforcement mechanisms in place that were widely accepted. Decision making in the Tagsatzung, the annual gathering of the cantons was much more effective and egalitarian than the Reichstag. Taxation on Canton level existed and proceeds were deployed as prudently then as they are now. Raising an additional tax to fund a court system that interfered with their existing structures was not popular. And it became even more unpopular when the Reichskammergericht in one of its earliest decisions imposed the imperial ban over St. Gallen and Appenzell.

But what caused the biggest rift was something Maximilian was indeed responsible for.

The Swiss with their peculiar provision that they would not fight other Swiss had left a huge gap in the market for mercenary forces. If the Swiss had turned you down, you knew that their pikemen were coming. And that meant now you really, really need some equivalent fighters and quick.

Enter stage left – the Landsknechte. They were created out of exactly such desperation by Maximilian in around 1482 to stand up against the Swiss contingents the king of France deployed in the war of the Burgundian succession. Though the word Knecht had been used to denominate soldiers and mercenary soldiers since the High Middle Ages, the term Landsknecht first appeared in 1486 in a Swiss official document. They were defined as mercenaries recruited outside the confederacy. Basically the term was made to denote that they were the fake ones, much like the made in Germany label was initially designed as a warning to customers. And much like that, Landsknecht became a successful brand name in its own right.

Initially and up to the period we are talking about now, the fighting style of Swiss and German mercenaries was largely identical.  Maximilian simply copied the style and techniques he had seen either when fighting them or on the few occasions he had been able to hire them.

This basic technique consisted in forming a tight square of a few thousand men with pikes and halberds sticking out and then marching relentlessly and fast straight into the enemy’s center. It was the speed and the pressure that made them so effective. These guys would literally run uphill or at artillery positions in the belief that rapidly overwhelming the enemy may be costly, but less costly than being shot to pieces down below. Cavalry found it almost impossible to penetrate a wall of pikes that were 4.5 to 5 meters long. Discipline was so highly developed, they would on occasion open a path for the enemy cavalry to get inside the square, only to close it again behind them and have the guys with halberds dragging the riders off their horses and massacre them. It was that cohesion and discipline as well as their refusal to give any quarter that got enemy forces to occasionally run even before contact was made.

Gewalthaufen in Albrecht Altdorfer: Alexanderschlacht

As I said, Maximilian tried to get his own infantrymen to copy these techniques. And he did achieve some success here, namely at the battle of Theroanne against Louis XI and then on several other occasions. And he massively elevated the social standing of his infantrymen in a world that was used to revere the armed man on horseback. You may remember that when he entered Ghent in triumph he and his senior officers walked with his pikemen on foot, rather than on a horse as had been the tradition.

Battle of Therouanne/Guinegate 1479

As we go into the very end of the 15th century, the Landsknechte had already gained a solid reputation and had turned into serious competition, which the Swiss did not like one bit.

Whilst their tactics were very similar in the beginning, there were a number of fundamental differences between the Swiss and the Landsknechte beyond the place where they were recruited.

The Swiss soldiers were part of a militia that was trained to defend their home canton. That meant they were usually fighting alongside their friends and family and the motivation was in part pay, but also the honor of their community. As mentioned before, the militia was raised, organized and administered by the leadership of the canton who were also the ones agreeing contracts with foreign powers.

The Landsknechte were individual soldiers who were recruited by an Oberst, a colonel. The colonel was a war entrepreneur who raised and operated his forces solely for compensation. His recruits were professional soldiers, who were also almost entirely coin operated.

This fundamental difference drove a number of further differences between the two forces.

The Swiss were known as the more disciplined force. They did of course loot and pillage, but within some set rules. They were less prone to general rowdiness and uncontrolled behavior, largely because the members of the regiment all knew each other and would return back to their hometowns and villages. And though what happens on campaign stays on campaign, bits and bops one might not want everyone to know tended to seep through to the local gossip mill.

Landsknecht with his wife

The Landsknechte on the other hand were hired ad hoc and from a wide range of places, meaning there was a lot less social control. Basically nobody would tell your mum what you did at the sack of Rome in 1527, because nobody knew who your mum was.

This lack of coherence amongst the Landsknechte then required a much more draconic discipline in the camps and during campaign. Punishments were famously harsh and often imposed not by officers but by their fellow comrades.

The most famous of those was the Spießrutenlauf or running the gauntlet that dealt with accusations of particularly serious crimes that tarnished the honour of the entire mercenary company or regiment.

An officer acted as the provost or public prosecutor and the mercenary community as judge. The mercenary community appointed three juries, which each independently recommended a verdict which could be either acquittal, pardon or death. The provost would lay out the case for the prosecution. The accused could then protest his innocence or beg for mercy.

Court procedure amongst Lamdsknechte

If the mercenaries advocated the death sentence, they proceeded to the place of execution and formed a corridor in an east-west direction, with the pikemen lining up on either side in two tightly closed rows of three. If a pike bearer left a gap to allow the condemned man to escape, he was threatened with having to run through the lane in place of the delinquent. At the end of the lane stood the ensigns with their flags lowered in disgrace. The condemned man had to confess before his comrades and forgive them for their judgement. Accompanied by the provost, the ‘poor man’ now walked through the lane three times to bid farewell to his comrades and ask their forgiveness for his shameful deed, then the ensigns rolled up the flags and stuck them upside down into the ground, the provost struck the sinner three times on the shoulder, and the condemned man entered the alley and marched towards the flags. In this case, the judges and executioners were the Landsknechte themselves, who punished the disgraceful deed with their spears and thus restored the honour of the flag.

Spießgasse. Aus dem Frundsberger Kriegsbuch von Jost Amman, 16. Jahrhundert

A pretty gruesome punishment for men used to committing acts of almost unspeakable violence and bravery.

Both the Swiss and the Landsknechts were professional soldiers and in the 16th century that was a honourable profession, even if one fought for money rather than king and country. It required skill and a certain amount of wealth. Soldiers were expected to bring their own equipment, their pikes, swords, knives, armour and helmet. Hence the lowest classes were rarely able to join the regiments. In particular in the early days, the ranks of the Landsknechte were made up of the sons of prosperous farmers and burghers, even lower nobility, who may have had a sense of adventure or were given the kit as a way to pay them out of their inheritance. The Swiss tended to be from more modest backgrounds. Mercenary work had been a family tradition in many of the alpine valleys going back to the 14th century when emperor Henry VII relied on them for his journey to Rome. Hence arms and armour could be handed down from father to son, rather than having to buy it anew.

Pay differed too. The Swiss thanks to their stronger brand name, offer of exclusivity and richer patrons were paid more, usually 4 to 6 gulden per month, whilst the common Landsknechte were paid just 4 gulden. However, about 10 to 20% of the Landsknechte were on double pay, aka 8 gulden per month. These were men who had special expensive equipment like firearms, the double hander swords and took the most exposed positions in the front and corners of the fighting square.

LAndsknecht Double Pay

This was looked like generous pay. A labourer or journeyman would earn about 1 to 2 gulden a month, meaning a soldier starts on more than double the pay of a labourer which could go up to 8 times and then multiples of that when elected into officer rank. However work tended to be seasonal, i.e., regiments were usually dissolved after campaign season had ended, so that on a per year basis the average Landsknecht weren’t necessarily that much better off.

Though the pay level for the Landsknechte was lower, that did not show. If the Swiss Reisläufer dressed for war as fight, the Landsknecht dressed for war as spectacle.

Landsknecht (c. 1530)

The signature feature was slashing — the deliberate cutting of outer garments to allow billowing puffs of contrasting fabric beneath to push through. Applied to doublets, hose, sleeves, and caps with what can only be described as evangelical enthusiasm, slashing transformed the Landsknecht into something resembling a very angry and well-armed piñata. The effect was achieved by men who were, let us remember, professional killers, and who apparently saw no contradiction between disemboweling their enemies at dawn and spending the previous evening carefully translating their mood boards into wearables fashion statements.

LAndsknechte – Albrecht Altdorfer

The puffed and padded hose deserve special mention — great ballooning garments of slashed velvet and silk that made the wearer’s legs look like a pair of prize-winning marrows and prominently displayed their codpiece. Combined with the broad, flat bonnet adorned with extravagant feathers, the overall silhouette suggested less a hardened veteran of the Italian Wars than a Dubai influencer with a pike.

Albrecht durer – Landsknechte

This was not, however, mere vanity — or rather, it was exactly mere vanity, but with a legal justification attached. Maximilian had granted the Landsknechte an explicit exemption from sumptuary laws — the regulations that normally restricted ostentatious dress to the nobility — as compensation for the exceptional dangers of their profession. The Landsknechte took this exemption and ran with it at considerable speed, dressing in a manner that suggested they intended to extract maximum value from every moment they might have left before a Swiss halberd settled the matter permanently.

The Katzbalger — their distinctive short, broad sword with its S-shaped guard — was worn with studied nonchalance at the hip, a nicely lethal counterpoint to all the silk and feathers above it. It was perhaps the one element of the Landsknecht ensemble that needed no embellishment to make its point.

Landsknecht with “Katzbalger” sword

In a way these differences between the sober Swiss army attire and the Landsknecht bling reflected an ever deeper social rift between the members of the Swiss confederacy and their southern German neighbours. By the end of the 15th century Swiss society had become comparatively egalitarian. There were no princes or mighty counts here. The nobles that did exist had become vassals of the major cities, or had joined their ranks as patricians.

Meanwhile the opposite shore of the Rhine, was dominated by the Habsburgs, the dukes of Württemberg and  the margraves of Baden, as well as the dozens and dozens of counts and imperial knights who happened to be free agents only subject to the emperor. The patricians in the major cities, Konstanz, Ulm, Lindau, Ravensburg, Rottweil copied the habits and clothing of the nobility. The lower classes aspired to be part of this upper echelon, which is one of the reasons the Landsknecht attire was so appealing.  They all looked down on the Swiss, in particular those from the rural canons in central Switzerland as peasants devoid of any nobility.

As the rift deepened the two sides began calling each other names. The Germans referred to the Confederates as Kuhschweizer, Cow Swiss, pointing out their rural roots, lack of sophistication and insinuating unnatural attachments. In return the Swiss called their neighbours Sausschwaben, literally Sow Swabians, meaning roughly the same, only dirtier.

All these differences, the clothing, the social structures, the competition for military commissions, the imposition of imperial courts and taxes, the encirclement by Habsburg lands and allies, the creation of the Swabian league and the deep rooted antipathy to the Habsburgs left the border region a loaded howitzer waiting for the casual drop of a fuse.

And so, though nobody really wanted a war, a war started in January 1499. One of Maximilian’s advisers, the banker Georg Gossembrot had been attacked and mistreated by what he claimed had been the Swiss. In response Tyrolean troops occupied the abbey of Munster, a property disputed between the canton of Graubünden and the Habsburgs.  That triggered a call for help from Graubünden to the whole Swiss Confederacy, at which point Tyrol called on the Swabian League to honour their alliance.

map of teh Swabian war

Immediately the bells rang, calling men to their arms. The Landsknechte boasted that they would scorch and burn so that the lord himself on his rainbow would have to pull in his feat to get away from the heat. Graubünden alone raised a force of 12,000 men who instantly attacked along the border between Lake Constance and Arlberg. They declared it to be a Böser Krieg, an ugly war, where no quarter was to be given, all prisoners to be killed, no ransom to be collected. Soon after the war engulfed the other leg of the border along the Rhine between Constance and Basel. The administrators in Innsbruck who had triggered all this chaos wrote to Maximilian and called for him to abandon his campaign in Gelders and come south asap.

“Boser Krieg” by Hans Holbein

Maximilian called on the imperial estates to raise an army to fend off this attack by uncouth peasants and received the usual response, which was deafening silence. Meanwhile the Landsknechte suffered one defeat after another, at Hard on Lake Constance in February 1499, in Bruderholz near Basel in March and in April in Schwaderloh where the artillery fell into the hands of the Swiss. A particularly awful skirmish happened near Feldkirch where a combined force of Swabian and Tyrolians was driven into the river Ill by a smaller Swiss contingent. 3,000 men drowned. No Quarter given. All the fancyful dressed dudes had to show for themselves was some large scale cattle rustling and raiding. People started to say that these Swabian colonels were more suited to be highwaymen than soldiers. Parts of the local peasant population on the border were encouraged to raise up, hoping to join the Swiss in their commoner’s paradise.

Battle of Frastanz (near Fledkirch)

When Maximilian finally got to lake Constance, he once again leant on his friend Ludovico il Moro to help him out with money and material that he could ill afford. The army Maximilian gathered and led against Graubünden was wiped out at the battle on the Calven. 2,000 armed riders refused to come to the aid of the Tyrolean infantry, they simply ran away. Another 4,000 men lay dead and the lands on the border were devastated for a generation. Maximilian sent his men to do the one thing they seemed to be able to, rustle 10,000 cattle from the Engadin, making sure their people would suffer from hunger too.

Battle at the Calven

Meanwhile some sort of imperial army had finally gathered in Swabia, but their commanders refused to engage. The soldiers collected berries and enjoyed the sunshine before going home without having thrust their swords even once.

The whole thing turned into even more of a farce than the actions before Livorno.

One Swabian noble was however hell bent on taking action. Heinrich von Fürstenberg gathered a couple of thousand men and besieged the fortress of Dornach near Solothurn. But his force was undisciplined and failed to put up sentries. A Swiss contingent appeared on their back, rolled them up and cut them down. Another 3,500 dead, including Heinrich von Furstenberg. No Quarter given.

Battle at Dornach/Dornecck

That was it for the military side. Plus king Louis XII of France who had now become the Swiss Canton’s preferred client and had marched into the duchy of Milan intent on ousting Ludovico. Maximilian was open to agree terms. These boiled down to – depending on viewpoint – an awful lot or nothing at all.

There were no territorial concessions and Switzerland remained part of the Holy Roman Empire. A few years later, Basel and Schaffhausen joined the Confederacy but they were the last ones. Attempts to bring in Konstanz, Rottweil, Strasburg or Colmar were abandoned. In fact the border as set around that time has remained the border between Switzerland and Germany to this day. 

On the other hand, Switzerland was kept out of the authority of the Reichskammergericht, had no representation but also no obligations to the Reichstag, the Swiss did not have to pay the common penny and were left out of the Reichsmatrikel. So, for all practical purposes, they had left the Holy Roman Empire, a fact that was formalised in 1648, at the end of the 30 Years’ War.

The other thing they took away from this war was their name, the Swiss. The term Schwyzer or Swiss had circulated in the neighbouring regions for a while already, namely since the battle of Morgarten in 1315 where the men from Schwyz played an important role.  But the various cantons preferred the term Eidgenossen, “oath-fellows”, which made sense since for instance Berne was much larger and too had a extremely distinguished military tradition. In fact the term Swiss was often used by the supporters of the Habsburg as an insult, suggesting they were all simple peasants. In the Swabian war that turned into the derogatory term Kuhschweizer, cow Swiss that added a suggestion of bestiality.

No wonder the Eidgenossen reacted ferociously to the term. But after the war where they had comprehensively trousered or ee-trousered their opponents, they began to use the term back at their enemies. In a sort of “who is mooing now” sort of a way. It became a positive term reminding them of their great victories at Morgarten, Sempach and now the Claven and Dornach. Around the same time the foundation myths of Wilhelm tell and Andreas Winkelried took hold, forging a national identity that in common parlance became Swiss. Though the official name of the country is Confoederatio Helvetica abbreviated as CH, a fancy latinised term going back to a Germanic tribe from the time of the Ancient Romans.

So much for the term Swiss. But what about the Landsknechte?

This defeat was catastrophic in the extreme. The Swiss forces had cut through their imitators not even like butter, more like goats cheese or yoghurt. But they did contain the source of their recovery within their organisational set-up.

The fundamental difference between the two forces was that the Swiss were at heart a local militia trained and managed by their Cantons, whilst the Landsknechte were fighting as ad hoc armies under the command of a war entrepreneur.

The Swiss cantons coordinated their training, tactics and deployment between each other to ensure that customers received a consistent quality of service. That made them coherent, but at the same time slowed down their response to technical innovations.

The war entrepreneurs who were based in southern Germany, the Götz von Berlichingen, Franz von Sickingen, Ulrich von Hutten and Georg Frundsberg, they had no need or interest to coordinate their activities. In fact the opposite. They competed with each other, encouraging them to constantly innovate. So they adopted the double handed sword, introduced heavier firearms, the Arquebuses, quicker and in larger numbers. They were prepared to coordinate closer with cavalry and artillery in combined arms operations. It was a slow process of trial and error, but as we will see, the devastating defeats in the Swabian, aka the Swiss war of 1499 did not repeat. 

Landsknecht with Double Sword

Next week we will finally march across the great threshold into the 16th century. I announced that several weeks ago, thinking it was imminent, but – as usual – I got distracted. But this time it will happen, I promise. After all we have to accompany our friend Maximilian to one final humiliation – in his favourite imperial city, in Augsburg. I hope you will come along.

And remember, if you want to keep me in slashed doublet and prominent codpieces, all you have to do is go to historyofthegermans.com/support, where many options to express your generosity await you.

Maximilian’s attempt to encircle the French

Ep. 226: Maximilian I (1493-1519) – A Grand Plan for a Great War History of the Germans

Click here to: Listen on Apple Podcast

Click here to: Listen on Spotify

Transcript

Hello and Welcome to the History of the Germans: Episode 226 – Maximilian I (1493-1513) – A Grand Plan for a Great War.

The European Political Landscape around 1500

Let’s rise on the wings of an eagle and look at Europe in and around the year 1500, or more precisely in 1496, the year Maximilian I puts his Grand Plan into action, a Grand Plan so grand you can turn it into a woodcut and call it an Triumphal Arch.

Looking down from 10,000 feet we can see that the endless conflicts between the kings and their vassals are rapidly abating. Even the Holy Roman Empire has developed a constitution that bans the endless feuding and created institutions that more or less kept everyone pulling in the same direction.

In this world of centralised authorities, civil servants, lawyers, cannons and massed pikemen, medieval notions of faith and loyalty do not count for much anymore. 17 years later Machiavelli will write quote: “In the actions of all men, and especially of princes, where there is no court to appeal to, one looks to the end. So let a prince win and maintain his state — the means will always be judged honourable and praised by everyone.” He by the way never said that the ends justified the means, but clearly he meant it. Winning for a prince was keeping his state afloat through all the vagaries of fortune. Everything else — cruelty, generosity, honesty, deception — are just tools in the fight for survival.

It was no coincidence that Machiavelli’s focus on the ruthlessness of princes was born in Northern Italy. It was in Northern Italy that the fundamental imbalances in this new political framework of Europe had been put into stark relief.

Then and now the wealthiest parts of Western Europe were Northern Italy, the Rhone valley, Southern Germany, the Rhineland, the Low Countries and southern England. This is where most of the trading, innovation and manufacturing happened. Cloth, metalwork, arms, armour, art, luxury goods travelled up and down that route to be distributed further along. Silks and spices arrived in Constantinople and Alexandria from the east and were shipped via Venice and Genoa up this banana-shaped route. And what did the Indians and Chinese want in return? Certainly not Flemish cloth or Rhenish whine. The only thing the European had to offer to the east were commodities, gold, silver, copper, amber, precious stones. And much of that came from the mines in Tyrol, Bohemia, Hungary, Saxony and Sweden.

Now what have all these places, safe for Venice, Sweden and Southern England in common? They were all -at least formally- inside the Holy Roman Empire.

And that is reflected in the demographics as well. The Maddison project at the university of Groningen produces a reasonably reliable long term demographic dataset. Based on these numbers, the Holy Roman Empire, including northern Italy, the Low Countires, the Arelat and Bohemia had a population well in excess of 23 million, compared to France at less than 13 million when excluding the parts that were still in the empire. Poland was closer to 7 million and even adding in Hungary and Bohemia was unlikely to hit much above 12 million. Spain too comes in at just around 7 million.

In other words, the Holy Roman Empire was the economically and demographically by far largest  political structure in Western Europe.

But who were the most powerful monarchs in continental Europe at the time? King Charles VIII of France, king Kasimir of Poland-Lithuania who also controlled Bohemia and Hungry through his son, Wladislaw, and Ferdinand and Isabella of Spain. These three ruled lands that had smaller populations and were economically peripheral to Western Europe. Their rich and fertile soil produced an abundance of food that could be exported to the centres of economic activity, but their fledgling industries could not compete with Milan, Ghent or Nurnberg. Their success was down to smart dynastic marriages, suppression of powerful vassals and patient acquisition of rights and territories by any means possible.

Is it surprising that Machiavelli thought brutal statecraft was the key to success, much more than the bands of loyalty, law and honour that had traditionally bound the Holy Roman Empire together?

When in 1495 king Charles VIII of France rode through Italy, smashing up its carefully calibrated political equilibrium, the whole of Europe felt like Michael Spinks after 93 seconds in the ring with Mike Tyson. Nothing would be the same any more.

As we heard in episode 222 the warring Italian states, including the pope were shocked into joining the Holy League together with Maximilian and the Spanish. And the Holy League managed to chase Charles VIII first out of Naples and then out of Italy altogether.

Maximilian’s Grand Plan

But that was not the end of the story. How could it be. The richest and most populous parts of western europe were politically fragmented and militarily dependent upon mercenaries. They were easy prey for the French kings whose country and army had been honed in not just hundred, but hundreds of years of war with the English and the Burgundian dukes. And even though Charles promised to hold his peace and never actually came back, everybody knew that it was only a question of time before the French would be back.

As 1495 gave way to 1496, Maximilian came up with a grand plan to get rid of the French menace once and for all. Did he think in terms of economics, demographics and balance of power? Not likely. He was still more medieval then modern and his convictions were rooted in honour and the ancient imperial rights and obligations. In his eyes, the French invasion was an attack on the honour of the empire and disrespected him personally as King of the Romans and future emperor. Against all indications to the contrary, he believed Italy was still an integral part of the empire and therefore subject to his rule. He is known to have said that he would rather part with Burgundy, than with “his” Italy.

And then there is his Burgundian experience. He may still only be 36 years old, but he had spent almost half his life fighting ferocious wars against the king of France, wars where neither side took prisoners and relegated the laws of chivalry to the appendix of history. According to his biographer Wiesecker, Maximilian had come out of these wars with a profound hatred for the French. Maybe he did, but there was a rational basis for this antagonism. The King of France needed to wipe out Burgundy in order to sleep soundly in his bed, and hence the ruler of Burgundy needed to crush the French king so that he could sleep soundly in his bed. Only one of them could win and live.

Hence Maximilians Grand Plan was simple – wipe the king of France from the European political chessboard, send him back to Bourges to spend his days in futile prayer for a second Joan of Arc to show up….simples..

The way this was to work out was as follows.

The Holy League should flush the remaining French out of their hidey holes in Gaeta and Tuscany and Florence should be cleansed of the mad monk Savanarola. That done, the league army would then board ships to Provence and attack France from the South East.

Meanwhile the Spanish would cross the Pyrenees in force and merge with the Italians to go up the Rhone river together.

In the North, Maximilian’s son Philipp was to muster the Low Countries for a hard push into Artois and Picardie, whilst at the same time the English would land in Brittanny.

Last but not least, the army of the Holy Roman empire would push into the Franche Comte and the duchy of Burgundy and then on to Paris.

Under such an onslaught from all sides, the French monarchy could do nothing but crumble into dust. That was a Grand Plan if there ever was one.  

What are the chances that he could pull it off?

Maximilian’s advisors shook their heads arguing that this was all a bit too grandiose, but their lord was very much of the view that he had all the necessary bits and pieces in place.

The Holy League had already been established. Sure it was a purely defensive alliance covering only the scenario of a direct attack on any of its members, but wasn’t the next French attack imminent? Surely, all they were doing was preventing the almost certain next invasion.

As for the Spanish, Maximilian had just put all his eggs into their basket when he agreed to marry his only two children to the Infante and the Infanta of Spain. This marriage alliance had been so lopsided in favour of the Spanish, the least they could do was helping him get rid of that quarrelsome king of France.

And this self-same son Philipp who would marry Juana of Spain had been declared an adult and had taken control of the Low Countries. He of course owed loyalty to his father, if only for all the gold and iron Maximilian had spent on preserving his son’s inheritance.

The king of England, well, how could he not want Aquitaine and Normandy back, the lands that his predecessors had so valiantly defended at Crecy, Poitiers and Agincourt. And as for that issue with the pretender Perkin Warbeck who Maximilian was still parading around as a Prince of England and true heir to Edward IV, that issue could sure be sorted through some land swap once France was on its knees.

Henry VII of England

And finally the empire, what a great opportunity to test drive its brand spanking new constitution. After all the estates had granted him the Common Penny of 250,000 florins and owed him suit on his coronation journey to Rome, which Maximilian has also somehow finagled into his tight timeline too.

Huzzah! The war is on and in six months little Charles VIII will we wailing in his palace, cursing the day he poked the mighty empire. All we need to do now is have a quick meeting to go over the logistics in some detail and then we are off. That meeting was scheduled for July 1496 in Glurns and Mals in the Vinschgau. Yes, these are real places in South Tirol, just on the Italian side of the Reschen pass. These are today and were then small and unnaturally beautiful towns, profoundly unsuited for a pan-European conference that was to decide the fate of the continent. But I am jumping ahead. Let’s talk about the buildup to this great conference.

The Build-up to Mals and Glurns

This timeline left Maximilian with almost 9 months from Charles VIII return to France to nail down his grand plan and make sure that everybody who showed up in Tyrol was fully committed to the success of the grand adventure. He tackled all of these in parallel, but for simplicity’s sake, let’s take them one by one, starting with the empire.

Back at the Imperial diet of Worms (episode 223), Maximilian had tried to get the Reichstag to ratify the Empire’s participation in the Holy League. That  proposal did not pass but the Reichstag had committed 250,000 florins in immediate support for the war in Italy.

However collection of these funds was slow, so slow it was almost imperceptible. Bankers who had offered to loan Maximilian the money in advance of collection withdrew their offer when they saw how little was coming in. And anyone who had not paid realised that only the shmucks were paying and so they stopped too. Only about 50,000 florins were ever collected, most of it in the Habsburg lands. Maximilian called another diet for Candlemas 1496 in Frankfurt to discuss any impediment to the tax collection, but nobody showed up, not even the archbishop of Mainz and archchancellor who was only a few miles away.

That was a setback, but Maximilian should be able to rely on the oldest rights of a King of the Romans, the obligation of his vassals to accompany him on his coronation journey to Italy. This was one of the last functional elements of the medieval constitution of the empire. Even his father – thoroughly despised as he was -could gather at least a handful of princes when he went in 1452. Maximilan called the estates of the empire to appear fully armed and with their retainers in Feldkirch on July 1st, 1496 and muster for a jolly down to Rome. But for Maximilian, the Last Knight and upholder of chivalric culture, not a single imperial prince honoured the ancient oaths.

Maximilian I

But Maximilian, who was not one for giving up prematurely, was sure that once his campaign had shown some initial success, the imperial princes would flock to his banner. Moreover, he still had England, Burgundy, Spain, the Italians, Venice, Naples, the Pope and Milan and of course, Spain.

The discussions with king Henry VII of England were not going to smoothly. The Tudor was still upset about Maximilian’s support for Perkin Warbeck. So Maximilian’s in-laws, Ferdinand and Isabella took the lead there. And they could convince Henry VII to join the Holy League, brilliant. But there was a snag. Henry VII was no Henry V. He did not hanker after grand conquests in French lands. His country had not yet recovered from the War of the Roses, and quite frankly, Yorkist pretenders weren’t exactly helping. So he would watch events with profound sympathy and if attacked would respond, but landing in France – maybe later.

But Maximilian, who was not one for giving up prematurely, was sure that once his campaign had shown some initial success, the imperial princes would flock to his banner and England would land troops in Brittany. Moreover, he still had Burgundy, the Italians, Venice, Naples, the Pope and Milan and of course, Spain.

Burgundy was now ruled by his son Philipp. A strapping young man of 17, tall, slim, athletic, fair, and elegant in a manner that got his contemporaries exclaiming, what a handsome prince. Philipp had grown up in the Netherlands, educated by Burgundian officials at Mechelen, including Olivier de la Marche and Frans van Busleyden. Philipp had lost his mother aged four and had barely seen his father during his youth. Philipp was much more Netherlander than Austrian. His loyalty lay with his subjects and his tutors, not with his father, the house of Habsburg or the empire. And after 15 years of war, the Low Countries were still utterly devastated. So Philipp declined to help. Even when his father summoned him to Tyrol and berated him for a whole day, he stayed firm. His lands would pay the imperial tax, but no more.

Philipp the Handsome (c. 1500)

But Maximilian, who was not one for giving up prematurely, was sure that once his campaign had shown some initial success, the imperial princes would flock to his banner, England would land troops in Brittany and his son would muster the spirit of Charles the Bold. Moreover, he still had the Italians, Venice, Naples, the Pope and Milan and of course, Spain.

So when the parties came together at Mals and Glurns on July 17th, 1496 Maximilian tried to impress his guests with a display of the family fortune he had just recently brought back from Nürnberg, where his father had hidden it behind a false wall in the Marienkirche. Whether that worked out is less clear since the Venetian envoy remarked in his letters home about the somewhat threadbare appearance of tapestries and dimness of the silver tableware.

His tent and table may be a bit shabby, but the plan that Maximilian presented to the assembled representatives of Venice, Naples, the Pope and Spain, as well the duke of Milan, was the opposite. Here are the details:

The Spanish should cross the Pyrenees with 20,000 men, Naples, Milan, Venice and the Pope should raise a combined force of 35,000 to which he would add the 20,000 men he would cross the Alps with. Together they would clean out Tuscany and then attack France from the south. As for the northern frontier, the war would trigger the obligations of the Holy League for England plus there was always the other fundamental driver of human behaviour – greed.

Once the French were defeated, king Charles should be offered peace on condition that he gave up his claim on Naples, handed over half of Provence to Spain, which would become an imperial fief again, Burgundy and Artois would go to the Habsburgs, Brittany to England, Florence to Venice and the French Church would be brought back under the direct control of the pope. Something for everyone.

But when Maximilian handed round the pens for the signing, no ink was forthcoming. Of course everyone agreed that king Charles VIII needed to be given a lesson and Italy needed to be defended, the honour of the empire restored etc., etc…but all this was a bit off the scale…

Maybe, if he came down to Italy and they would start somewhere, like mopping up the remains of the French occupation, or maybe pushing for regime change in Florence, removing the mad monk Savanarola who was France’s main ally in Italy, maybe that was a good start.

And Maximilian, who was not one for giving up prematurely, was sure that once his campaign had shown some initial success, the imperial princes would flock to his banner, England would land troops in Brittany, his son would muster the spirit of Charles the Bold, the Italians would raise the troops needed and the Spaniards would come across the Pyrenees. Moreover, he still had – well his title and his mesmerising personality.

And to show his guests what he was made of, he staged a hunt, a hunt for Gemsen, the Chamois who live in the sheer alpine cliffs. You may have seen them in nature documentaries. They are sure footed European antelopes, who leap across impossible gaps along sheer cliffs, as if gravity did not exist. Hunting them means following their near impossible paths. Maximilian, for all his faults, was an outstanding hunter, a serious athlete. And so the delegations watched at the bottom of the Wormser Joch as Maximilian and his fellow huntsmen drove the Gemsen across the bluffs and escarpments, making several of them nearly faint. The guests, not the Gemsen. The huntsmen drove the animals down into the valley and right before the assembled dignitary where they were mercilessly slaughtered, just like Maximilian hoped he could do with the French.

Hunt for Chamois in the Weisskunig
Maximilian <Römisch-Deutsches Reich, Kaiser, I.>; Schultz, Alwin [Editor]; Kunsthistorische Sammlungen des Allerhöchsten Kaiserhauses <Wien> [Editor]; Treitzsaurwein, Marx [Oth.]: Jahrbuch der Kunsthistorischen Sammlungen des Allerhöchsten Kaiserhauses (ab 1919 Jahrbuch der Kunsthistorischen Sammlungen in Wien): Der Weisskunig (Wien, 6.1888)

But how?

It was decision time. None of his allies had made any binding commitments to his grand plan. But they had also not said no either. The duke of Milan in particular begged him to come to Italy and protect him from future attacks by Charles VIII. If he stayed back in Innsbruck after telling everyone and their dog that he was going to crush the French and be crowned emperor in Rome, he would look very much like a fool. And a man who jumps from one tiny ledge to another in pursuit of a largely inedible antelope, looking like a fool was not a real option.

The other option was to bet on his luck, something that Machiavelli described as (quote) “one of those raging rivers, which when in flood overflows the plains, sweeping away trees and buildings, bearing away the soil from place to place; everything flies before it, all yield to its violence, without being able in any way to withstand it”. And such kind of fortune had been his trademark ever since he had clapped eyes on the gorgeous Marie of Burgundy and her even more gorgeous cities, palaces and castles.

And so in August 1496, once more a king of the Romans crossed the alps to tame the Italian peninsula. He came, not with 20,000 as promised, not with 5,000 like Henry VII, the last one to have shared his ambition, but with just 300 armed riders.

Once again, Maximilian was skint. He had squeezed every last penny he could out of the population of Austria that had suffered from Hungarian and Turkish incursions. He had pawned what was left of the revenues from the great silver mines of Schwaz. The family heirlooms that so failed to impress the Venetian envoys was given as security for a loan from the Gossembrot bankers of Nürnberg. Some financial help came from the duke of Milan, Ludovico il Moro, who over the whole of their relationship, had given Maximilian a cool 1 million gulden but who was now also on his last leg. Venice reluctantly chipped in with the promise of subsidies, though Maximilian was annoyed when Venetians claimed they had hired the King of the Romans as their condottiere, their mercenary captain. But he bit his tongue, after all, he had a grand plan to implement.

Over the course of the campaign, these funds will bring him a few thousand men that arrived in drips and drops. Which meant he was making a big bet on his Italian allies, his friend and in-law, Ludovico il Moro, the murderous duke of Milan, the shrewd Republic of Venice and the depraved pope Alexander VI Borgia. What could possibly go wrong?

As he came down the Wormser Joch again, he pushed on, not to Milan where he was offered a coronation with the iron crown and all that, but to the small but truly stunningly beautiful town of Vigevano. If you have not been, it’s Piazza Ducale built in record time by Ludovico is amongst Italy’s finest, which means a lot.

Maximilian detour to Vigevano was less for sightseeing than to avoid embarrassment. His measly 300 men were not the kind of imperial entourage that the people of Milan expected from their future king and emperor.

Vigevano – Piazza Ducale

In Vigevano he held a war council with his allies, in fact just Milan and Venice, since the pope had sent legates but no levies.

Maximilian had played a double hand with his Italian friends. He had told the Venetians that he would gather a fleet to attack the French at sea and prepare for a landing in Provence. The Venetians did like that, since that would detain the French and keep the emperor out of Italy. The Milanese did not like that plan one bit. They wanted Maximilian to push into Asti and other French positions in the Italian Northwest, thereby strengthening and protecting Milan. The Venetians did not like a stronger and safer Milan one bit, given they were still squabbling over Brescia and Bergamo.

The obvious solution to this impasse was to go to Livorno. Livorno, just for those of you without a detailed map of Italy in your head is south of Vigevano, whilst France is east of Vigevano.

Livorno (after 1547)

Still it sort of made sense, as Livorno was the gate into Tuscany where France’s ally, Savanarola still keeping Florence in a state of heightened agitation.

Livorno is a port city and the plan was to muster a fleet in Genoa and attack the city from both land and sea simultaneously. Maximilian’s generals promised this would all be a walk in the park. The city’s defences were weak and yes, it was already October, but Italian autumns are famously mild.

So on October 6, Maximilian’s fleet of 8 Venetian and 2 Genoese galleys plus 11 support vessels raised anchor. On board were 2,000 soldiers plus some artillery, whilst a similarly sized force was marching on land. Progress was shockingly slow. The fleet spent days being blown in, the roads were muddy, so the army moved extremely slowly. It took until October 22nd before Maximilian and most of his forces arrived in Pisa, 25km north of Livorno. Squabbling amongst allies over the status of Pisa as a free imperial city or a potential prize for Milan or Venice did not add to the sense of imminent victory.

Finally on October 23rd did Maximilian take his fleet to investigate the state of the defences of Livorno, where he was told, just 500 trained soldiers were holding out. He ordered his navy to blockade the harbour and his land forces set up their cannon to bombard the city. Maximilian was optimistic that Livorno would soon fall given the attackers outnumbered defenders five to one. Yes Livorno’s walls had unexpectedly been recently reinforced and were armed with powerful artillery, but how long before lord hunger would overwhelm them.

The problem with navy blockades is that they are weather dependent. In settled conditions, any traffic in and out of the harbour can be cut off by the heavily armed galleys. However, when the wind blows hard, or worse, in a storm, things can be very different. And even more so if the storm blows from the south west, pushing ships into the bay of Livorno and under the guns of their towers. It was the end of October, a time when the med can be extremely variable with huge fronts going across. I have a friend who got caught in one of these storms at the end of October and was knocked down three times off the coast of Algiers – not an experience he is keen to ever repeat. This, I am afraid, is not the gentle Mediterranean from the Tui brochures.  South westerlies are rare, but thet can occur.

And they did. On October 29th, 1496 one of these storms made landfall at Livorno. The Venetian and Genoese galleys, including Maximilian’s flagship, the Grimalda, struggled to hold their position, when on the horizon a French fleet appeared. These ships, mostly smaller, and crucially propelled by sails not oars, zoomed past the Italians with the wind in their back. Attempts to attack them failed in the atrocious weather and given the speed of the relief ships. The citizens of Livorno could not believe their luck when the arrivals unloaded 800 Swiss guards, more guns and food to last them for months. Maximilian raged, but couldn’t do a thing. Conditions made it impossible to land and so his fleet headed out to whether the storm. He came back ashore in early November to find his land troops much diminished. As always, money had run out. The Venetians, who had more money than anyone else in Europe had stopped paying his troops, had even cut off their own mercenaries. That was an ominous sign.

But Maximilian did not give up. Once more into the breach comrades, he got back on his flagship and ordered an attack on the harbour of Livorno. The captain and his crew refused, his soldiers, most of whom had grown up at the foot of the alps had enough of the sea. Maximilian convinced them to go with him to Elba where he hoped he could find more seamanlike crew. But this was thwarted when another storm hit. This was the really nasty one. When Maximilian asked his favourite artists Hans Burgkmair to depict the scene he called his the worst days of his life.  There were occasional encounters with the French on the high seas but weather did not permit anything but occasional pot shots at each other. This must have been truly atrocious. Stuck on these comparatively small, massively overcrowded ships, fearing to be capsized or hit by a French cannonball. The artillery pieces were tied down, but will these ropes hold, and above all, what is the point. The defenders of Livorno sat in front of their warm fires, eating their generous rations, whilst the League soldiers were drowning in mud and the sailors was throwing up over the side.

The sea battles before Livorno (from the Weisskunig)

On November 9th, Maximilian needed to inspect the situation on land and – though the storm was still raging – ordered his flagship to deposit him near the army camp. He got into a dinghy and was rowed ashore, the little boat almost tipping over more than once. On one of these waves he suddenly saw his mighty flagship being lifted up, like by the hand of an angry god and smashed on to the shore. She broke apart immediately, disgorging its cannon, injured men and imperial treasure to the delight of the nearby Livornian. That same night, the league lost another three ships and 500 men, one of them, the Adornia going down with all hands.

This must be it. It must be over now. The fleet is sunk, the soldiers unpaid, the cannon lost and the camp is sinking into the Maremma sludge.

But Maximilian, who was not one for giving up prematurely, was sure, there was still a chance. Once more he led an attack, set up his guns to pound the walls of Livorno. As he looked down, he saw the French navy sailing out and taking the remaining Genoese galleys without a shot fired. Maximilian grabbed his last 20  men and ran down to the very last remaining ship and demanded an attack. But the captain refused, his soldiers turned around. Now it was surely over.

No, this guy does not give up. Yes, he had to raise the siege of Livorno. All the money was  gone. The Venetian envoy told him, it was time to go home. He did head north, but to Milan, to sit down with Ludovico il Moro to weigh their options. After all, the Holy league was still formally intact and the Spaniards were still in play. The marriage was still going ahead. The Reichstag had gathered in Lindau, so if he went there, the princes would realise that their honour was in peril if they did not come to help.

He headed back to Innsbruck in the midst of winter, still optimistic that his grand plan could come to fruition. He ordered more and better cannon to be made and kept in his armoury in Innsbruck. There is a painted inventory of these weapons, pages and pages with beautiful renderings of machines of war. How many pages? 560 of them. How many cannon? Probably the same number, maybe even more. No, Maximilan did not give up.

Until on February 25th, 1497 the Spanish monarchs, Ferdinand and Isabella  agreed a truce with  Charles VIII. Two months later Milan, Venice and the Pope threw in the towel. The war of the Holy League was over. Maximilian tried one more, this time with an attack on Burgundy, an effort that came to nought when his son signed a permanent peace with France behind his back.

The league itself dissolved formally when Venice swapped sides and agreed a permanent peace and alliance with France in 1499. Meanwhile king Charles VIII had an unfortunate encounter with a doorframe. And in September of that same year the next French king, Louis XII marched into Milan. Ludovico il Moro fled to Maximilian in Innsbruck, mustered an army to take back his duchy, was defeated and ended his life as a French prisoner.

This attempt at encircling and diminishing France had been a truly epic fail. But it wasn’t the last. The next 250 years, until the Seven Years’ War, one main axis of Europe’s political history is the struggle between the French kings and the House of Habsburg, and arguably it laid the foundation for the subsequent and even more brutal conflict between France and Germany. Marx said that history repeats itself twice, first as tragedy and then as farce. These wars repeat themselves more than twice, more than 10 times, more like dozens of times, almost always as tragedy, but here, the first time, as farce.

The Early Modern Period has begun, sometime between Joan of Arc, the war of the Burgundian succession, Charles VIII invasion of Italy, the Fall of Grenada and Maximilian’s grand plan, the political map of Europe had turned from a north south axis to an east west axis.

And whilst France is growing and consolidating, what is the empire doing. Is the constitution going to hold the princes together. Was their reluctance to support Maximilian in his grand plan a bug or a feature? And what about the Swiss? Where were they in all that? Are they still in, or are they out? All will be revealed next week.

I hope you will join us again and remember, that your humble podcaster may not be as indebted as Maximilian was at the end of this campaign, running this show takes its toll. And if you were to find it in your hearts to share some of this burden, go to historyofthegermans.com/support where you can find various options to show yourself as a true imperial prince, faithful to his or her oaths. Such as Ole M., Kevin K. Alan J, Kevin B., Robert W., Johan S. Kalr K. John M. A. have already done.

Part Three of the Imperial Reform (Reichsreform)

Ep. 225: Imperial Reform 1495 – The Ewige Landfrieden (Public Peace) of 1495 History of the Germans

Click here to: Listen on Apple Podcast

Click here to: Listen on Spotify

Transcript

Hello and welcome to the History of the Germans: Episode 225 – Der Ewige Landfrieden (the Public Peace) of 1495.

Let me start today’s episode with some outrageous national stereotypes. If an Englishman is disappointed with the way the affairs of state are conducted, he writes a letter to his member of Parliament. A Frenchman in that same situation rents a tractor and dumps manure outside the Palais d’Elysee. A German threatens to file a lawsuit with the constitutional court, the Bundesverfassungsgericht.

Where did the Germans pick up the belief that courts and the law will protect them against government overreach? Sure, 19th and early 20th century judges had on occasion stood up to the Kaiser’s administration and the Grundgesetz, the liberal constitution of 1949, had become a cornerstone of our national identity following the comprehensive loss of moral standing.

But there is also a long strain that goes back to the Holy Roman Empire and the two imperial courts, the Reichskammergericht and the Reichshofrat. These courts have a bad reputation, not only because Johan Wolfgang von Goethe saw it fit to ridicule his former place of work. However, not everyone shared this negative perspective. Many social groups down to mere  commoners relied on these independent judges to protect their life and property against rapacious princes.

And with that, back to the show.

I guess you are sitting in your car or on the train listening to this and thinking, how can there be a connection between what you have heard these last 224 episodes about lawlessness and chaos in the Holy Roman Empire and the high status court judgements enjoy in Germany today? I do admit, it is a long shot, but bear with me.

Let’s go back first to the early and high Middle Ages, the Ottonians, Salians and early Hohenstaufen. The emperors of this period saw law and justice as their primary tasks, alongside the protection of the church and the defense of the honor of the empire.

The Laws of the Empire – or Absence Thereof

But what did they mean by law and justice? There was of course no codified law in existence. The closest thing to a law code was the Sachsenspiegel and its variations. But this was a collection of legal customs compiled by a scholar, Eike von Repgow, not a compilation of binding laws. There were other, competing sources of law, the ancient Frankish law codes, specific local traditions, Canon law, aka the law of the church, precedents in the form of previous imperial judgements and charters, some real, some fake.

Roman Law, specifically the Codex Juris of Justinian was added to this mélange in the mid-12th century when scholars in Bologna recovered the original text and Barbarossa re-issued it as the laws of Roncaglia (episode 55).

There was obviously no coherence between these various sources of law, not even a widely accepted hierarchy. Attempts were made both on the territorial and imperial level to reconcile all these into one coherent “law of the land”, but it took until 1794 before Prussia passed the first comprehensive law code, the Preußische Allgemeine Landrecht. Austria followed in 1802 and France with the much more modern Code Napoleon in 1804 that was adopted by several German principalities.  I.e., for 98% of the time the empire existed, there was no coherent law, not even on a territorial level.

The purpose of Judgements

So, without a coherent set of laws, how did the courts arrive at their judgements, and why did so many people think these courts were a place to get actual justice?

If you read about legal disputes in the papers, the headline is usually X won or Y had lost, framing the lawcourts as a place of epic battles where victory or defeat are determined by the rhetoric flourish of the advocates and the stern application of the law.

But most people who go to court do not give a jot about the law. They want something and all other routes to compel the other side to concede have been exhausted. Going to court is expensive and the outcome uncertain, or as my law professors used to say, in court and on the High seas, you are in the hand of the gods. Which is why about 70% of cases that go to court end in a settlement. If you take into account that most lawyers advise clients to settle out of court, the percentage of disputes resolved without an actual court decision may well be north of 90%. In other words, a legal system that promotes viable settlements gets you 90% the way to law and order.

And that is what the imperial courts of the medieval emperors were aiming for, viable settlement. Only rarely would they lay down the law. And where they did so, these judgements were underwritten not just by the king, but by all the powerful individuals who had been involved in finding this solution, committing them to uphold the judgement.

The objective was not to discover the accurate legal solution, but to find a compromise that allowed both parties to leave the court with their honor intact. Disagreements could be framed as misunderstandings and the abandoning of position could be described as magnanimity. In the early Middle Ages, no other form of dispute resolution was possible. This was a society built on personal reputation. The political system consisted of personal bonds between vassals and lords, not institutions. A vassal followed a lord because the lord had promised to protect his rights and status. That expectation would be damaged irrevocably, if the lord was subjected to a humiliating defeat in court. His followers would then wonder whether this lord was still able to protect their land and possessions? At which point the lord’s only remaining option was to rebel against the “bad king”, resulting in civil war. That is what happened way back in episode 3, when Otto the definitely not yet great, convicted duke Eberhard of Franconia to the humiliation of having to carry dogs. Eberhard rebelled, causing a civil war that nearly wiped out Otto.

Bottom line, a medieval imperial court was a forum to negotiate a compromise, not a place to determine guilt or ascertain property rights.

The territorial courts

That should have got us 80% of the way, was it not for some major logistical challenges. There was usually only one emperor and he could not be everywhere. As it happened, from the 12th century he was barely anywhere. Moreover, from the 12th century onwards, the operating radius of the emperors had shrunk to the southern parts of the German lands. Large parts of the duchy of Saxony never saw an emperor again for centuries. So, who was supposed to do all that mediating.

Itinerary of kings and emperors 919-1519

In the Carolingian empire, the counts were given the task of adjudicating as representatives of the emperor. But as the role of count had become hereditary, emperors no longer wanted to be held responsible for the decisions of these counts.

This left a vacuum that was gradually filled by the dukes and then the territorial lords.  This situation was formally recognized by Frederick II’s privileges for the bishops and princes in the 1230s. Therin the emperor granted the imperial princes the jurisdiction over all the people in their territories, not just their personal servants and vassals.

Based on this privilege the territorial princes established a system of courts, usually split into the lower jurisdiction that focused on civic disputes and minor crimes and misdemeanors and the Blutgerichtsbarkeit, literally the jurisdiction over the blood, which had the right to condemn people to death and use torture to force confessions.

Court procedural for Lower and Higher Bavaria 1520

Lower jurisdiction was exercised by the mayor of the village or town, usually in conjunction with jurors chosen amongst the senior members of the community. As the territorial principalities became more vertically integrated, they were divided up into districts, called Ӓmter, where a judge and court would be established either hearing cases directly or to hear appeals against the lower level justice. And there could be a further appeal to the princely court or a senior law court.

The higher criminal jurisdiction, the Blutgerichtsbarkeit was usually exercised by the prince, either as a Hofgericht, a princely court where the lord would preside, or as a Landgericht, staffed with professional judges and jurors.

Though the territorial courts often had the means to implement their judgements by force, they did maintain the older tradition of preferring settlements over judgements. That was in part down to the complexity and contradictory nature of the law, but also because such compromises were better at calming down tensions. Rebellions and uprisings were common throughout the 15th and 16th centuries and could attract the support of jealous neighbours. So princes preferred calm to the strict application of the law. 

Similar structures were established in the cities with a lower magistrates court dealing with civil cases and minor misdemeanours and a higher court meeting out more severe punishments.

Appellate Courts and Private Courts

These territorial and city courts brought about a major improvement in law and justice in particular when staffed with professional judges, who kept records and tried to maintain coherence in the application of the law.

But they did have some weaknesses. Territorial laws and customs varied considerably from one place to the other. Behaviours and business practices that were perfectly acceptable in one place could be severely sanctioned in the next. People who stumbled into these idiosyncrasies might refuse to accept the proposed settlements, leaving the case open or potentially escalating.

That was a particular issue for the cities that traded with each other over long distances. Material differences in laws and customs could hamper this trade. That is why many cities, in particular those newly founded in the east, copied existing city laws, Stadtrechte, from so called mother cities. The laws of Magdeburg, Soest and of course Lubeck were wide spread. And to ensure the practical application of these laws remained in synch, complex cases could be brought to the mother city, making for instance City Council of Lubeck the appellate court for many Hanse cities.

From the Stadtrecht (city law) of Hamburg

Territories increasingly shifted to the use of Roman law and asked universities to opine on complex legal questions. That brought their practices into some at least broad alignment, though differences remained.

Leagues were another co-ordination mechanism acting as a bridge between different status groups. For instance the Swabian Leage maintained its own court system to adjudicate conflict between members which comprised princes, cities and imperial knights. The court could even overturn local magistrates decisions, thereby deepening the integration of their legal frameworks.

Landfrieden attempts until 1495

Therefore the empire wasn’t a lawless free for all before 1495, as has often been claimed. The inhabitants of cities and territories were bound by rules, adhered to commercial law practices and were subject to criminal justice, all administered by increasingly professional lawcourts.

But there was a massive gap in this system of the territorial courts. By definition they had no jurisdiction to adjudicate in conflicts between territories, cities or imperial knights. The framework under which these conflicts were supposed to be resolved was the so-called Landfrieden, the public peace.

When the first Landfrieden was promulgated by Henry IV in 1103, it was already a step backwards. His father, Henry III had forced a great pacification of the empire in 1043, that referred all conflicts to resolution by him and a prohibition of violence. But that has in large parts gone down the swanny during the regency of Agnes of Poitou and the conflict between pope and emperor known as the Investiture Controversy that followed.

The concept of a Landfrieden after 1103 was that all the powerful princes come together and promise to resolve their conflicts through mediation. But crucially, it did not and as we have discussed before actually could not ban feuds altogether. Feuds remained allowed, provided the party declared the feud in the proper manner, sought reconciliation first and did not breach specific rules, like for instance, not to attack royal highways.

After this first Landfrieden of 1103, several more were declared, including ones in 1152, 1158,1179,1186,1235, 1287, 1323, 1383, 1389, 1442, 1467. Having to say the same thing again and again is not a good sign.

The Landfrieden of Rudolf I

The success of these declarations of a public peace depended heavily on the ability of the imperial courts to actually mitigate the conflicts before they descended into feuds. You needed a court that was able to come up with sensible settlement proposals and within a reasonable time frame.  

And that was not always the case – hence the regular renewals. During the interregnum and then the long period when the imperial title moved between the Habsburgs, Luxemburgs and Wittelsbachs, emperors simply did not have the time to build up the court infrastructure needed. That meant mediation either did not happen, was ill thought out or came too late. Any of those and blood was be spilled. And once they were going at each other hammer and tongs, it was three times harder to get them back to the negotiation table.

In the 15th century things went properly downhill. Wenceslaus the Lazy, Sigismund and Friedrich III spent most of their time on the eastern edge of the empire dealing with existential threats from Bohemia and Hungary. Adjudication often stalled completely.

As the 15th century continued this gaping hole in the legal system gave room to veritable chaos. Princely warfare became more intense with the development of artillery and the growing size of the armies. Imperial knights whose income from tenants had shrunk following the Black Death, made up for it by conducting feuds on behalf of paying patrons. Even villages resorted to feuds in order to protect their hard won freedoms.

With no mediation process in place, let alone any kind of sanction for breaking the rules of feuding, things went seriously out of control, so seriously that even the imperial princes demanded an end to the madness.

On the positive side, the idea that violence needed to be a legitimate part of the negotiation process had lost credibility.

The right to feud against a “bad” overlord or an unjustified claim from a neighbour was rooted in the concept of vassalage. As mentioned before, a Lord had to keep face if he wanted to hold on to the support of his vassals. And that meant he had the right to rebel if disrespected.  If you check out Otto von Northeim’s speech in episode 31 and 100, you can see the line or arguments that justified rebellion. But by the 15th century, feuding was no longer necessary. The power of the territorial princes no longer rested on the oaths of their vassals, but on the institutions, administration and military forces they had established. They could now sustain a negative judgement without losing their status.

That is why in 1467 Friedrich III  could issue his Landfrieden that banned all feuding outright as lèse-majesté. That was  a major step forward, though this arrangement still remained time limited to 10 years. And it lacked an enforcement mechanism, since the Reichskammergericht he had tasked with providing mediation and – if necessary – order the execution of its judgements, ceased to operate after 1475.

The 1495 Landfrieden brought this sorry saga to an end. It declared that (quote):

“..from this moment on, no person of whatever rank, status, or condition shall make war on others, or rob, declare feud with, invade, or besiege them, or help anyone else to do so in person or through servitors; or violently occupy any castle, town, market, fortress, village, farmstead, or hamlet, or seize them illegally against another’s will, or damage them with fire or in any other way, or assist by word or deed or in any other way support or supply any perpetrators of such deeds, or knowingly harbor, house, feed, or give drink, aid, and comfort to such persons.” (end quote).

The Ewige Landfrieden banned private warfare under all and any circumstances and for ever. It established the state’s monopoly of violence. This, once enforced became another nail in the coffin of the Middle Ages.

Reichskammergericht, Reichshofgericht and Kreise

But as Friedrich III could tell you, the operative word here is “once enforced”. Even if everybody would have been happy to outlaw feuds for ever, and not everybody did, that would not have yielded results. Conflicts between the holders of imperial immediacy did not vanish overnight. The dukes still wanted the cities, the landgraves the bishops’ lands, princes still debased currencies and imperial knights kidnapped merchants.

What made the difference was the establishment of two courts, the Reichskammergericht and the Reichshofrat and another coordination mechanism, the Kreise, the imperial circles.

The Reichskammergericht in its latest incarnation was established at the diet of Worms in August 1495, its judges were appointed on October 31st and it heard its first cases four days later, a sign that at least occasionally, the empire could move swiftly.

The reason it did work, and worked for so long, came down to a number of institutional choices.

As I do not have to explain to our American friends, the composition of the court is almost as important as its remit and procedures.

In case of the Reichskammergericht, the presiding judge, the Kammerrichter, was appointed by the emperor, whilst the judges who shared the decision making, were proposed by the imperial estates. The imperial estates submitted a list  from which the incumbent judges chose the new member of the court. The judges, including the presiding judge, swore allegiance to the court, not to the emperor and not to the imperial estates.

The reichskammergericht in session

Though these appointments did have some influence, in practice, the Reichskammergericht acted independently from the emperor and the imperial princes. It had its own budget, its own administration and chancellery.

The Reichskammergericht was also based away from the Habsburg’s capital, first as an itinerant court, then from 1527 until 1689 in Speyer and after that in Wetzlar.

The Reichskammergericht Building in Wetzlar

This degree of independence set it apart from the territorial court that aligned much closer to the increasingly absolutist territorial princes.

Its remit was to adjudicate disputes between the imperial estates and other holders of imperial immediacy and banning anyone who broke the public peace for any reason. And, beyond this role as protector of the public peace, it also acted as the final appellate court above the territorial courts. This latter role was however unevenly distributed across the empire, since the Prince Electors, all the Habsburg lands and several other senior lords had the “ius de non appellando”, a privilege that protected their judgments from being reviewed by the Reichskammergericht. Over time the court was able to chip away at these exemptions, before it gained a much wider remit in 1526, which we will discuss in a minute.

Two years after the Reichstag established the new Reichskammergericht, Maximilian established another court, the Reichshofrat. The Reichhofrat was very much the court of the emperor, as opposed to the Reichskammergericht that was the court of the empire. Its judges were appointed by the emperor and it was based wherever the emperor resided. Its remit was conflicts over the rights and obligations of vassals. In practice this involved mostly matters of inheritance. Typical issues were the succession to fiefs where the incumbent family had died out or the permission to split a fief between multiple heirs.

Reichshofrat in session

The two courts did have quite a bit of overlap, since inheritance conflicts could easily tip over into breaches of the public peace. To limit forum shopping, the courts agreed a rule that no case could be brought if it was already pending in front of the other court.

The other Achilles heel of previous Landfrieden arrangements, beyond courts simply shutting down, had been the lack of viable enforcement mechanisms. The way the 1495 reforms addressed that, was by allowing the Reichskammergericht to demand the Reichstag to issue an imperial ban to coerce a reluctant party to adhere to its rulings. That was deemed too slow and complicated and from 1559 the emperor was tasked with issuing the ban on behalf of the Reichskammergericht. The Reichshofrat, as the court of the emperor could issue the imperial ban directly, though there were some limitation to prevent abuse.

Imperial ban was however very sparsely used as a tool. The sanctions associated with it were often going too far. It allowed anyone to kill the banned person without repercussions and his property and fiefs could be confiscated without compensation. The execution of an imperial ban threatened to unsettle the social order, creating a high bar to its application.

The Reichskammergericht – like the medieval imperial courts before – preferred finding viable compromises, rather than bringing down the full force of the law. Where they needed execution, they relied more on the imperial circles. These circles had been instituted in 1512 as a means to co-ordinate on a regional basis. There were initially six circles and later 10, comprising the entire empire except for Bohemia and Switzerland. The Kreise became the closest thing the empire developed in terms of administration. They organised the military forces of the empire, collected the taxes based on the Matrikel system, executed imperial and court orders and maintained the peace in their region. They were headed by a Kreistag, an assembly of the Kreis members. It is here in the Kreistag, where the smaller estates of the empire, the cities, counts and minor princes were engaged. That is where they passed legislation, co-ordinated infrastructure projects and settled their differences. Thanks to the imperial circles, the empire was a lot more coherent in its actions and laws than these maps with 350 tiny statelets suggest. They were so successful that older leagues, like the Swabian league, were ultimately replaced by these imperial circles.

Map of the Imperial circles

One would assume that the Reichskammergericht would be more popular for claimants than the Reichshofrat. The ofrmer was independent, whilst the other was under the direct control of the emperor. However, the Reichskammergericht found itself often overwhelmed with cases, making its proceedings slow and protracted. Some of the numbers, in particular Goethe’s claim of 10s of thousands of open cases were clearly exaggerated. Sure, there were cases that had been ongoing for a century. But these were often inheritance cases where the purpose was to settle the matter in an amicable way to prevent open hostilities, a scenario where delay can be the prudent choice. The Reichskammergericht regularly cleared its backlog suggesting it could not have been all that bad.

And, if necessary the Reichskammergericht could act very quickly. For instance Commissioners could be sent with injunctions to mobilise the military forces of the Kreise to prevent breaches of the peace.

Nevertheless, the Reichshofrat had a reputation to be quicker and sometimes more effective since its enforcement could rely on the full force of the Habsburg emperor. Moreover, despite its institutional attachment, the Reichshofrat gained a reputation as a defender of smaller imperial vassals against expanding territorial princes.

The court procedures and the witch craze

Both Reichskammergericht and Reichshofrat conducted their cases mainly in writing. Lawyers submitted writs and memoranda summarising their arguments. Before 1495 the courts operated in the fashion of an Anglo-Saxon court, basing its decision only on evidence brought forward by the parties. The Reichskammergericht and the Reichshofrat procedure allowed the courts to task officials with the collection of evidence, including taking witness statements.

This more inquisitive process spread across the legal system of the empire to the territorial courts, which had some painful unintended consequences.

The imperial criminal code of 1532 shifted the responsibility to prove guilt from the accuser to a public prosecutor. Previously an accuser had to bring the evidence for the alleged crime and if he failed to prove his allegation could face severe financial and even criminal recriminations. Once this task has been taken over by a public prosecutor it became a lot less risky and less expensive to report crimes. So far so sensible. The more crimes get reported, the more likely it is that they get prosecuted.

Forms of torture 1572

What turned it into a  toxic cocktail was the rise in allegations of witchcraft. Witchcraft was a crime and prosecutors were compelled to investigate them. Torture was a broadly acceptable tool in the investigative process. Plus the criminal codes of the time contained scarce protection against arbitrary arrest. One can imagine what then happened. Investigators torture alleged witches who bring up names who in turn get tortured as well, leading to even more arrests until the whole empire is in the grip of a veritable witch craze. Over the course of the 16th and early 17th century territorial courts had 22,500 alleged witches executed.

Map of Convictions of Witches in Bavaria

Neither the Reichskammergericht nor the Reichshofrat had tools to intervene, since criminal law, the “jurisdiction of the blood” had become the exclusive prerogative of the territorial princes. The only grounds for intervention was a breach of procedural rules, which curbed some excesses, but failed to prevent the ultimate outcome. A very sad topic we will probably have to get back to at some stage.

The broader remit after 1526

Against this darkness stands a more positive and more lasting impact of the system of imperial justice. In 1526 the remit of the Reichskammergericht was expanded. It allowed ordinary citizens to challenge their prince if he or she overstepped his legitimate powers, for instance unlawful exactions, arbitrary violence or the violation of traditional rights and protections.

This is a fairly rare institutional set-up in continental europe before the 19th century. By submitting themselves to the court’s verdicts, the princes gave up a big chunk of their autonomy. For instance the duke of Hohenzollern-Hechingen had to return the hunting guns he had taken off his peasants and reverse enclosures. A count found himself imprisoned for 10 years for having forged his subjects signatures on loan agreements. Duke Karl Leopold of Mecklenburg was deposed for putting excessive taxes on his subjects and trying to suppress his ducal assembly.

Why did German princes accept that? The decision came in the immediate aftermath of the peasant’s revolt of 1525, the largest uprising in Europe before the French revolution. It had become clear to the imperial estates, in particular the smaller ones, that they needed a way to ease social tensions. Populations who know that there is a way to seek legal redress for perceived infringements are less likely to risk life, limb and property on the barricades. It did not work perfectly and there were several rebellions and uprisings in the 17th and 18th century. But they were limited in sale and severity, compared to similar occurrences in Bohemia and Hungary where there was no room for redress.

Here is what Peter Wilson said about the consequences: quote: This process  had been labelled ‘juridification’ and involved a fundamental change in behaviour at all social levels. Lords had previously used violence to assert authority and status. Feuding had been criminalised in 1495 and now repression was likely to be condemned in the courts”.  The courts provided a platform for princes, burghers, peasants even the Jewish minority to hash out their differences based on the understanding that each side could call on certain rights and protections.

Other than in France, common people in the empire did not feel utterly powerless before the institutions of their princes or the emperors. Sure, a court case was hard to mount and ruinously expensive, but it was possible and it had a chance of success.

That in part explains the lack of enthusiasm for the French revolution amongst the broader population in Germany. Like in Britain, Germans were quickly turned off by the excesses of Jacobin rule and they simply did not see themselves being as oppressed by their governments as the French. That did change once the empire and its legal safeguards against princely overreach had gone, but it was there in 1789.

The other lasting impact was that calling a court for help became the Germans’ reflexive reaction to injustice. Germans, or at least Germans of my generation, see their country first and foremost as a Rechtsstaat, a state under the law.

Let me end with a quote I found in Peter Wilson, by a Habsburg Official, Joseph Haas bemoaning the dissolution of the Reichskammergericht and the Reichshofrat in 1806  (quote):

“The judicial power [which] was until now the shining jewel of our constitution. Two Imperial Courts, whose councillors were appointed with great care and were free of external influence, competed with each other in the impartial administration of justice, and gave even the lowest subject right against the most powerful prince”. Now that these are dissolved, he goes on to say: “there is no doubt that canals will be dug, roads laid, avenues and parks, theatres and pools created, cities illuminated, and we will shine and starve. The only robbers threatening the subjects’ property will be the tax collector and the French and German Soldiers” (end quote).

And this brings our mini series about the Imperial reform of 1495 to its conclusion. Next week I will be away in Naples because I cannot bear the incessant rain here in London any longer. But I leave you a particular present. I did an interview with professor Duncan Hardy who I have mentioned several times before and who is a true expert in the empire of the 15th and 16th century. I am sure you will find that as enlightening as I did.

And in the meantime, spare a thought for your hard toiling podcaster, who has no Reichskammergericht to call upon for fair wages, but lives in hope of the generosity of his fellow history nerds. If you want to be part of the exclusive club that luxuriates in the soft glow of your fellow listeners gratitude, go to historyofthegermans.com/support and click on any one of the options.

Part Two of the Imperial Reform (Reichsreform)

Ep. 224: Imperial Reform 1495 – The Reichstag of the Holy Roman Empire History of the Germans

Click here to: Listen on Apple Podcast

Click here to: Listen on Spotify

Transcript

Hello and welcome to the History of the Germans: Episode 224 – The Reichstag of the Holy Roman Empire

I am afraid today’s episode is not your usual swordplay and skullduggery. What we are looking at today is the Reichstag as it operated throughout the Holy Roman Empire from 1495 to 1803. Sounds a bit like dour constitutional law, but bear with me.

We will look at a couple of classic tropes, like, whether the empire consisted of more than 300 sovereign states who could do whatever they wanted, whether the Reichstag was a talking shop hat never did anything except stopping the emperor from becoming a proper monarch. And, as usual, we will talk about money and printing, and why German politician speeches are invariably long on fact and short on rhetoric.

So, let’s start at the beginning. When was the first Reichstag?

The shift from Royal Assembly (Hoftag) to Imperial diet (Reichstag)

Oh – and that is already the first booby trap. Because if you go to the historyofthegermans.com website, not just to support the show, but also to consult the transcript, you can find me mentioning a Reichstag in Worms in 1069. And if you go to the internet, you can find another Diet of Worms in 770, that was so long ago, it was called by Charlemagne’s father, Pippin the Short.

But these aren’t real Reichstage. Why? Is it because the chroniclers in the 11th century called them something different? No, there were several gatherings that were referred to as Diata Imperialii, which is Latin for Reichstag. What happened is that in the 1980s some German historians met up and decided that all Imperial assemblies that took place before 1495 were Hoftage, “Royal Assemblies”, and that those that came after Maximilian’s Imperial Reforms were to be called Reichstage, “Imperial Diets”.

Was that just down to the uncontrollable urge to categorize everything from the size of sheets of paper to the 20+ categories of delays on the Deutsche Bahn trains. Or does it mean something?

The key difference between a Hoftag and a Reichstag is the role of the king or emperor in the proceedings.

A Hoftag in the Middle Ages was all about the emperor. He called the meeting, he presided over the proceedings. If there were decisions to be made, like for instance the resolution of a dispute or the conviction of a criminal, it was the emperor who chaired the panel of judges. Princes who were dissatisfied with how things went made their views known by leaving the Hoftag. Speaking out against the emperor was not really an option.

Moritz von Schwind: Der Hoftag Ottos des Großen in Quedlinburg 973, um 1850

At the diet of Worms in 1495, things were dramatically different. As we heard last week Maximilian wasn’t allowed to take part in any of the debates. His role was limited to opening the assembly, setting the agenda and – once the imperial estates had concluded their debates – either approve or reject the proposals. So, during the weeks and months the debates were going on within the three colleges, of the electors, the princes and the cities, he was basically hopping up and down outside the locked doors shouting, give me the money, the French king  is about to slip back out of Italy and it will take fifty years of war to get rid of him again.

But he could not be heard, because he was – outside. All he could really do was gently massage the minds of participants in 1 on 1 private meetings.

In short, both the Hoftag and the Reichstag are gatherings of the most powerful people of the realm, but the Hoftag is presided over by the king, whilst the Reichstag largely excludes the king form the deliberations. This idea of banning the king except for special occasions still exists in the UK. By constitutional convention king Charles III is not allowed to enter the Commons debating chamber. The last king to set foot in there had been Charles I in 1642. And that is why the State Opening of Parliament takes place in the House of Lords, where the king is allowed to enter.

The diet in Worms was however not the first time the imperial estates got together without their king. Sometimes that was due to natural causes, as in when the king or emperor had died and the estates came together to elect a new one. But there had also been assemblies like the one in Trebur in 1076, where the excommunicated emperor Henry IV was banned from taking part (episode 33 if I am not mistaken). And then there are the assemblies where antikings were elected, like the one in March 1077, where for obvious reasons the reigning king wasn’t present.

During the 15th century, when the emperors Sigismund and Friedrich III were often far too busy to come to the assemblies they had called, the imperial estates had become accustomed to discussing their issues by themselves, so accustomed indeed that they no longer wanted him to be in the room when he finally showed up.

I did try to pin down the exact date when they threw the emperor out, but have not got to the bottom of it. What we do know is that in 1495, the rule was “No kings, no emperors indoors”.

And this obviously changed the nature of these gatherings. Earlier assemblies were grounded in the medieval understanding that vassals owed their lord not just military aid, but also advice and good counsel. Hence they were meant to improve the ruler’s decision making in war and justice by providing information or suggestions, not by forcing him in one way or another.

As we move into the 14th and 15th century, these assemblies take a more antagonistic stance, demanding that the emperor resolves key issues, like the schism, the endless feuding, marauding mercenaries or foreign incursions. As we have seen, these antagonistic stances culminated in the blow-up of 1495, where the imperial estates tried to put a gun to Maximilian’s head.

So, there really is a change in the late 15th century that justifies the distinction between Hoftag and Reichstag, but I will not go and correct every episode where I used the term Reichstag before. If this was a book, I would probably do it, but it isn’t and I won’t.

The peculiar composition of the Reichstag

In 1495 the Reichstag was by no means the only assembly that took part in the governance of kingdoms and principalities. The English parliament had already been around for 200plus years, the Polish Sejm and the Cortes of Spain and Portugal claim to be even older. There were assemblies in Hungary, Estates general in the duchy of Burgundy and France, royal councils in Denmark and Sweden. And on the level below, the imperial principalities, there were assemblies, Landstände, where representatives of the local nobility, clergy, cities and commoners agreed their position vis-a-vis their lord. The Landtag of Württemberg was one of the most prominent and lasting of these, but we encountered them as well in Austria and Tyrol in recent episodes. Almost every political entity in the 15th and 16th century had some sort of representative body alongside its ruler. They all different in terms of member selection, organisation, procedure etc, but even then, the Reichstag was very much an outlier.

Blick auf die württembergischen Landtagsgebäude in der Stuttgarter Kronprinzstraße im 19. Jahrhundert. Links an der Ecke zur Kienestraße stand das Gebäude der Ersten Kammer (Kammer der Standesherren), ganz rechts das Gebäude der Zweiten Kammer (Kammer der Abgeordneten) mit dem Halbmondsaal.

Let’s start with the composition – who is a member of the Reichstag and why?

In England parliament had the lords and the commoners, the Cortes in Spain were organized into clergy, nobles and procurators of the cities. In France, the Estates General comprised the three orders of clergy, nobility and commoners.  All of these were meant to represent their social group in their dealings with the king.

In 1521, when membership of the Reichstag was initially fixed, there were 402 estates invited to participate , divided into three colleges. The most senior college was that of the 7 electors. The College of the princes comprised 51 ecclesiastical princes, 32 secular princes, 83 prelates and 143 counts. And lastly the 86 free imperial cities formed the third college.

Reichstag in Worms 1521 (the one with Martin Luther)

But, not every count, duke or prince was admitted to the Reichstag. Only if your great,great,great,great,great and some more greats grandfather had been enfeoffed with a county or duchy directly by the emperor, then you had a seat or share of a seat in the Reichstag. However, if you were a wealthy count, even if you were three times richer and three times more powerful than the wealthiest count in the Reichstag, but you were a vassal of a territorial prince, no dice. Equally only free imperial cities were admitted, even though many were smaller than say Stralsund or Rostock. The key difference to England, France and almost everywhere else is that the Reichstag was not based on social orders, like noble, churchman or commoner, but based on whether or not there was a direct vassalage connection to the emperor – the famous immediacy.

Basically the Reichstag reflected and continued the feudal status hierarchy which was already ancient history by 1495. The idea was that the obligation of the imperial vassals to provide advice and council to the king, was flipped into a right to take part in the decision making. And this right was not based on being a member of a particular social group like noble, clergy or commoner, but on the ancient bond of vassalage, established hundreds of years ago and renewed dozens of times since. That explains the presence of the free imperial cities. They too had become vassals of the emperor when he had granted them their charter. They were there not to represent the interests of the urban population of the empire, but to safeguard the interest and liberties of their hometowns.

The Quaternion Eagle, hand-coloured woodcut (c. 1510) by Hans Burgkmair.

If one were to take this logic to its conclusion the imperial knights who were direct vassals of the emperor should have been invited to vote in the Reichstag. But logic is apparently only for those who can afford it.

The historian Peter Wilson describes this unusual structure of the empire as a “mixed Monarchy”. If you really want to understand how the Holy Roman Empire worked, get his brilliant book alternatively called “The Heart of Europe” or “The Holy Roman Empire”. This is where most of what I am taking about today comes from.

What was the Reichstag and all these other assemblies for?

Now, having discussed the intellectual Uberbau of the Reichstag as a continuation of the feudal structure in a modernized form, let’s talk about the practical purpose of these assemblies and the Reichstag in particular.

These early modern assemblies were not meant as a representation of the will of the people or some such newfangled stuff. They served two basic purposes, one was to grant a special status to the important constituents of the realm, usually the bishops, dukes, counts, nobles etc. That was supposed to keep them engaged and aligned with the king or prince. The assembly was a place to find consensus amongst the people who really mattered.

Secondly, assemblies and parliaments were there to facilitate tax collection. Most kings and princes did not have their own tax collection infrastructure. That meant they were to a large extent dependent on the willingness of their subjects to cough up the cash. Such willingness is typically correlated to the amount of influence the payer has over the use of the funds, or for our American friends, no taxation without representation. Hence most of the early modern estates included some form of representation of those who ended up paying. And in many cases the estates established and maintained the tax collection infrastructure, thereby ensuring the fairness or sometimes unfairness of the process.

That is why most of these assemblies had a separate chamber or order for the commoners who bore the lion’s share of the tax burden created by the lord’s decision to support the king’s wars, palace building or mistresses.

If you look at the parliament In England and the estates general in France you can see a fairly clean picture – the nobles and clergy debate the grand politics and then the funding is put t the Commons or Tiers Etat. And you can see how this pattern then developed further, either organically as in England or as a rupture in France. The taxpaying Commons and Tiers Etat demanded more and more say in the big decisions and then power shifts to these precursors of modern parliaments.

The French Estates General in 1561

Why the Reichstag could not become the nucleus of a democratic parliament

The Reichstag did not experience such a trajectory. It started in 1495, ran until 1803 and was revived in a fundamentally different form in 1866/1871.

The stability of the membership

Part of why the Reichstag never became a true representative structure was the fixed membership. In England the king can and always could appoint literally anyone to the house of Lords, like for instance a 29-year old parliamentary aide with no publicly known skills or achievements.

In the empire, that was not that easy. For example the Liechtensteins, who had for centuries been amongst the largest landowners in Bohemia, Moravia and Austria were elevated to imperial princes during the 30-years war. But it took them almost another century before they could purchase the tiny fiefs of Vaduz and Schellenberg that gave them access to the Reichstag and are today the country of Liechtenstein.

Charles V, Holy Roman Emperor receives the Augsburg Confession at the Diet of Augsburg on 25 June 1530

Effectively the membership of the Reichstag shrunk throughout most its history. In 1521, the initial tally was 402 imperial estates and by 1792 that had gone down to 204 imperial estates. If you forget about the back and forth with the Palatine vote, only one Elector was added before 1803, the Elector of Hannover. The secular princes went from 51 to 84, in part through the elevation of counts to princes. 21 of the 51 ecclesiastical principalities disappeared during the reformation. Imperial cities shrank from 86 to 51 and the number of counts fell from 143 to 48 through expiry of the family, sale or elevation to princely rank. Only about fifty new members were created throughout that period.

Stability in the upper house is neither unusual nor an impediment to a transition to a modern parliament. In England the House of Lords was slowly sidelined and in France the Assemblée Nationale did away with the colleges of the nobles and their heads. It is the representation of the commoners that tended to be the nucleus of democracy.

The lopsided structure of the taxation model

As we said, the reason that commoners are invited to assemblies is because they pay the lion’s share of the taxes. And matters of burden sharing and taxation gave parliament and the Assemblee Nationale their role in the English and the French Revolution.

The Reichstag could never play such a role, because the Reichstag did not decide on individual taxation. In 1495 the Reichstag approved the “common penny” a tax levied on every household in the empire. That system failed, mainly because the empire could not collect the tax. The princes had refused to let the emperor use their infrastructure to the extent they had one in the first place. Collection was then given to the parish priests. And parish priests had no interest in chasing their flock for some imperial tax they would not see any benefit from.

After this failure the empire reverted back to the system of the Imperial register or Imperial Matrikel that existed since 1420. This register contained a fixed quota of soldiers each imperial estate had to provide if called. So for instance the duke of Cleves owed 60 horse and 540 men on foot, whilst the abbot of St. Maximian owed 6 horse and 44 men on foot. Such small contingents had become ineffective by the 1500s, so the obligation was converted into a cash contribution.

Soldiers on horse (Ross) and on foot (xu Fuss) in the Reichsmatrikel of 1532.

This system had a number of advantages. First, it allowed to break down the overall commitment made to the imperial estates. So if the Reichstag awarded 100,000 florins for a campaign against the Turk, it was clear to the last penny how much of that the duke of Cleves or the abbot of St. Maximian owed. It also allowed the wealthiest estates, namely the great cities to hide how wealthy they really were. If taxes had been collected directly, for one it would be hard to predict how much would actually be collected, and it would show how many taxable households there were in say Nürnberg. And if the neighboring princes had known how much wealth there was, the cities feared, they would be gobbled up.

On the downside, the Matrikel system was a) very imbalanced, with some places paying high dues relative to economic capacity and others low ones and b) only very rarely reset. So the matrikel became a sort of unit of measure. For instance during the long Turkish war 1663 to 1742, the Reichstag would regularly express their commitment as x times the matrikel, i.e., x times their commitment in the imperial register.  

All this meant was that the level of taxation agreed in the Reichstag had limited impact on the man on the street. Sure, if the empire demanded very high contributions, their local lord would raise local taxes to pay for it. However, when the emperor asked for lower or no taxes, the local lord was unlikely to reduce the tax burden. He would simply keep it for him or herself. Moreover, maximum 10% of the empire’s population lived in the free imperial cities represented in the Reichstag. Even if these estates had an interest in keeping taxes low for the common man, they did not care for the other 90% of the empire’s population. And because the composition of the Reichstag was extremely static, that never changed.

The Reichstag as part of the “Status Hierarchy”

So, if the Reichstag was not about representing the interests of social groups, not even in the rather rudimentary early modern/medieval way, what was it about?

In the main, it was a about status. The empire was held together by the status hierarchy it conveyed to its members. Say you were a Prince Elector, the highest princely rank in the empire with the right to elect the emperor. This status can only exist as long as there is an empire and an emperor to elect. Therefore, even once the elections had become non-contentious acclamation of whichever Habsburg’s turn it was, there were still elections, so that the electors could feel valued and important. You may think how backward, but I find this a lot less ridiculous than the French aristocrats believing their self-worth was dependent on which part of the royal underwear they could pass to his majesty during their morning levee.  

The election of Matthias as Roman-German Emperor by the prince electors in 1612 depicted on a contemporary engraving

This status model was extremely successful, arguably more successful than anything the emperors had tried in the centuries before.

You may painfully remember that we split the History of the Germans some two years ago and discussed the North, namely the Eastern Expansion into the formerly Slavic lands east of the Elbe, the Hanseatic League and the Teutonic Knights. The reason for that was that the empire had broken into two parts, the lands near to the king and the lands far from the king.

The former were mainly southern Germany, Austria, Bohemia and the Rhine Valley, lands where the kings and emperors had their base, where they would often pass through on their way to coronations, elections and imperial diets. Meanwhile the lands north of the Main River and East of the Rhine had drifted further and further away from the imperial orbit. Martin Rady commented that the very first time an emperor came to Pomerania was in 1712, and that was the emperor of all the Russians.

All itineraries of emperors from 919-1519 by Carl Müller-Crepon1Clara Neupert-Wentz2Andrej Kokkonen3Jørgen Møller2

Basically the dukes of Mecklenburg, Holstein, Oldenburg, Brunswick, Calenberg etc. barely featured in the imperial history since the 11th century and even the electors of Saxony and Brandenburg put in only brief appearances. Basically they did not see much value in what the empire had to offer and they got busy with the Scandinavian Kingdoms, England and Poland.

The imperial reforms of 1495 changed that. Being an imperial prince with a full vote in the college of Princes provided them with a sense of importance and status that suddenly made it worth while getting involved with imperial politics again. Status was not the only thing, the other institutions, like the courts, the eternal peace etc., played a role as well.

But this was a time where status was exceedingly important. Princes were constantly stretching themselves and their states to keep up with the Joneses’. If your neighbor built a theatre, you needed one too. Your collection of Chinese porcelain had to be on par with the other princes. At weddings and hunts, you had to scrub up not just nicely but real nice. The obsession filled the country with literally thousands of baroque palaces, gardens, follies, hunting lodges, opera houses and whatever a discerning prince could need. Each one trying to be a mini or sometimes maxi Versailles and always, always, bigger and better than the one next door.     

Schloss Nymphenburg – just an example

Apart from self-aggrandization, the status component did also have tangible benefits for those who had it. Basically once an entity had become an imperial estate, it had become unlikely that they would fall under the control of a territorial prince. For instance, not a single free imperial city lost their status after 1607. And that mattered.

Take the city of Trier is an example. Trier had sent its archbishop off to live out his life in Koblenz and had become a free city. As a free city, they were invited to come to the Reichstag in 1495 and several occasions thereafter. They even hosted a Reichstag in 1512. But most of the time, Trier did not show up and, crucially, refused to commit to the imperial taxation system. So the city was unceremoniously dropped from the 1521 register.  When they realized what they had done, they desperately wanted to get back in and crucially, be again recognized as a free, imperial city. But the Imperial court, the Reichskammergericht decided in 1580 that, if you did not pay, you had no right to play. And now it was too late to come back in. The Archbishop took back control of the city and the dream of freedom and independence was over, sacrificed by a stingy accountant.

That explains why the much wiser burghers of Lübeck, who had had only scant interaction with the empire until then, decided to pay 4x what they used to in order to be a member of the Reichstag. Lübeck remained a free imperial city and and later a city state within Germany until 1937. Money well spent I would say.

The Decision making process in the Reichstag

Decision making in the Reichstag was famously laborious and slow. Jakb Wimpfeling said already in 1500 that  “The Reichstag is a body where the Emperor proposes, the colleges deliberate in secret, vote separately, then quarrel endlessly until nothing is decided—or everything is diluted to meaninglessness.”  Regensburg, where the Reichstag would sit permanently after 1663 was better known for the quality of its taverns than of its debates.

As we discussed last week, there were three separate colleges, one for the electors, one for the imperial princes as well as the counts and prelates and one for the imperial cities. Voting happened first within the colleges followed by an arbitration process between the colleges. That arbitration process began with aligning electors and princes before the cities were brought in. Only once all three colleges had reached unanimity did the Reichstag decision go to the emperor who had only the choice between accepting or sending it back to be debated for another month or two.   

The opening of the Reichstag

That sounds complex already, and when you take into account that there were 402 imperial estates with a seat in the Reichstag, it sounds almost impossible to manage.

But here is the good news, only 281 of the 402 imperial estates ever participated in a Reichstag. Usually no more that half of the invitees showed up. Even at the crucial Reichstag of 1495 only 147 estates were present.

And there is the other important point. Because the seat was linked to the territory, not to individuals, one single individual could represent more than one vote. So, if a bishop held several bishoprics, he had multiple votes. Or if a count sold his county, or passed it on via inheritance, this vote could now be exercised by someone else. After the reformation, several bishoprics became principalities and integrated into other territorial lordships. And occasionally fiefs moved across as a consequence of war.

So, after all this two and fro in 1792 Austria held 1 electoral vote, 3 princely votes and 2 comital votes. Prussia, though smaller  in territory, had 1 electoral, but 8 princely and 1 comital vote. Of the remaining 84 princely votes, 30 were held by bishops and abbots, the rest by 35 secular princes and electors plus Denmark and Sweden with one vote each.

The smaller entities did not really matter. The 48 counts and 40 prelates shared just 6 votes of the 90 votes in the College of Princes. The 51 remaining cities were so disadvantaged by the voting process, their influence was also usually marginal.

If you then take into account that many of the ecclesiastical princes were second sons of the princely or electoral houses, the Reichstag really required only about 40 to 50 individuals to agree. And since rarely more than half of them showed up, we are looking at more like 20-30 guys taking the decisions. That sounds a lot more viable than 402.

Were there really over 300 sovereign states in the empire?

Basically these hundreds tiny statelets did not carry much weight in the Reichstag. And the idea that they were like independent sovereigns is also not true. Sure, the very largest ones, Austria, Prussia, Saxony, Hannover would forge their own foreign policy and sent envoys to foreign courts, occasionally courts where they were themselves the king, as for example in England, Poland, Denmark, Russia and Sweden.

But for someone like the counts of Hohenlohe-Weikersheim with their six villages and oversized Schloss, there was no way they would send an envoy abroad. At a stretch they may appoint a representatives to the Reichstag, but usually only as a joint effort together with their cousins in Neuenstein and Öhringen and still their representative was not be working exclusively for them. If they had to take a stance in major conflicts, they usually aligned with one of their bigger neighbors.

Schloss Weikersheim

Such micro-principalities were much more involved in the 10 imperial circles which we will discuss in more detail next week.

What powers did the Reichstag have?

The English parliament and many other assemblies had the power to decide on war and peace, since they controlled the money needed to conduct such wars.

On paper that was the same in the Reichstag. If the emperor wanted to take the empire to war against for example France, he could only do that with the consent of the Reichstag. However, every imperial estate, even a tiny one, was allowed to go to war against foreign enemies, provided it did not harm neither the emperor nor the empire. For example in 1698 the elector of Saxony joined Russia in a war against Sweden without asking the Reichstag. And that logic applied to the emperor as well. He could go to war against France in his capacity as Lord of the Low Countries and archduke of Austria.

The emperor only required the Reichstag consent for his war with France, if he wanted access to imperial resources, either in the form of taxes or military forces. As we have seen with Maximilian I in 1495, that can occasionally be decisive, but not always. And if they could conduct the war using just their own resources, the Habsburg occasionally did go without Reichstag approval. I guess in about 2 years, when we have worked our way through the incessant wars of the 16th, 17th and 18h century, we will have a much better perspective on whether the Reichstag and its support mattered to the outcome.

Reichstag matters beyond war and peace

War and taxes was however not the only topic of debate in the Reichstag. Its other tacit objective as to improve co-ordination and coherence across the empire.

The Reichstag for instance ensured that people could move freely between the imperial estates. The problem then was not so much people trying to come in, rather than people trying to get away, for example from the draft into the Prussian army, religious prosecution or just general economic malaise. Quite often the states competed for immigrants, like the French Huguenots in order to refill the population depleted by war and disease. The Reichstag ensured that most people in the empire could take advantage of these sometimes generous offers.

Another issue that came up regularly was coinage. For centuries the emperors had been forced to pass the imperial regalia to the princes, which included the right to mint their own coins. So that by 1495 there were 456 places with the right to produce currency. Minting was a short term money spinner for many cash strapped princes, because they could call in the existing coins in their lands and reissue coin with lower gold or silver content. Or they would simply create vast amounts of debased coins to pay their soldiers, resulting in immediate inflation and occasionally a financial crash.

A Book on the exchange rates of coins in the Holy Roman Empire in 1709

The Reichstag passed rules limiting the number of mints to no more than 40, set standards for the two most common coins, the Florin and the Thaler and intervened again and again in cases of debasement. They did not succeed completely and there were always wildly different coins in circulation, but they curbed the worst excesses. And maybe one central currency in the hand of an absolutist king would not have been such a great idea – just ask the French about the Mississippi bubble.

Similar efforts were made to reduce the number of toll stations that seriously hampered trade. For instance transporting salt from Frankfurt to Cologne added 60% in tolls. As a consequence merchants would unload wine south of Mainz and transport them over land via Frankfurt and Kassel and then on the Weser down to the North Sea. An absurd detour. Here the Reichstag was less successful, but note that in 1766 France still employed 20,000 revenue officers collecting tolls on domestic traffic and treated Lorraine as a foreign country.

Another – unintended – benefit of the Reichstag was that it provided a sort of permanent international conference. The Habsburgs had of course a permanent presence, as did the kings of Denmark and Sweden. Envoys from France and Italy could easily come to the Reichstag and use it as a platform for informal discussions.

The Bureaucracy

Something else that is quite specific to the Reichstag was the amount of paper it produced. For one, most Reichstag decisions were published in print, the first one in 1486. The Corpus Recessum Imperii that recorded all the Reichstag decisions was first published in 1501, a solid 270 years before Hansard recorded the debates in the English parliament. The proceedings at  the Reichstag became part of a broad political information exchange that got turbo boosted when the Thurn and Taxis family opened the imperial postal service to private users in 1516. Germany had the first daily newspaper in Europe, 67 years before England. Apparently in the 16th and 17th centuries this country of poets and thinkers was full of news junkies.

Heiliges Römisches Reich: Neue und vollständigere Sammlung der Reichs-Abschiede, Welche von den Zeiten Kayser Conrads des II. bis jetzo, auf den Teutschen Reichs-Tägen abgefasset worden. 1, … Theil derer Reichs-Abschiede, bis auf das Jahr 1494. inclusive

In general, the Reichstag was mainly driven by written memoranda and weighty policy papers, not by rousing speeches. That had a lot to do with the habit of sending representatives to the Reichstag. The gatherings were scheduled for 2 months and often went on much longer. Most  princes found it impossible or inopportune to leave their comfy palaces for such a long time. Moreover, the Reichstag was initially gathering in different imperial cities, before it finally settled in Regensburg. If the empire had had a capital, the important princes would have established a town palace there, as was the case in Paris, Madrid or London. And in that case they would have attended in person more often. But with an itinerant Reichstag, a large proportion of participants had sent their councilors or envoys. And they would rarely have the authority to commit their prince on matters not previously discussed.

That rendered stirring speeches rather useless. The audience could not really decide matters on their own. So they would ask for a written copy of the speech they could send to their boss with a suggestion on how to vote. They would receive a letter back, which they would read out to their fellow deputies, who would in turn ask for a copy of this letter to send to their bosses and then receive a letter back, that would be read out and copied so forth, and so forth and so forth. This made the process very slow and, I think the polite word is, lifeless.

Handbook of German Laws (1787), 814 pages (for just just parts 6,7 and 8)

However, it had a couple of advantages. The public could follow the debates almost in real time even if they were hundreds of miles away. And given that waving arms and rhetoric flourishes were effectively pointless, the debate became more focused on facts and the thorough review of competing arguments.

I do not have a source for this, but I believe this tradition of written debate aimed at the rational weighing of arguments has been embedded into German political discourse. Debates in the Bundestag are shockingly dry and dour, in particular when compared to the intellectual sparring at Prime Minister’s question time or at Senate Hearings.

That can of course be because Germans have come out of the 20th century with a strong suspicion of stirring speeches. But even before 1933, Germany did not have debating societies like the Oxford Union that rates rhetoric over content. The Lesegesellschaften or reading societies of the 18th and 19th century tried to find a deeper understanding of politics, poetry and philosophy, not to crown a winner.

So maybe 300 years of swapping written memoranda had left an imprint on the German political culture that we now refuse to shake.

Summary

If we pull it all this together, the Reichstag was verbose, slow, unexciting, all about status, not representation and not as effective as one would have wanted. And it slowed down the consolidation of the German lands by effectively guaranteeing the continued existence of its smaller members. All this is true. But one could look at it in another way, even though it was more bureaucratic than the EU, less able to prevent war than the UN and had more freeriders than Nato, it ensured the empire remained together as an entity for another 300 years. If we look to the southern part of what had once been the medieval empire, Italy. They did not have a co-ordination mechanism like the Reichstag. They consolidated into five large and maybe a dozen smaller states. But throughout these 300 years plus another 50 or so, Itay’s states were vassals of Spain and Austria, unable to determine their own destiny.

I expect we will spend quite a lot more time with the Reichstag as the Podcast winds its way through the 16th, 17th and 18th century. It is hence far too early to come to a conclusion on whether the Reichstag of the holy Roman Empire was good or a bad, or just the best possible solution to a complex situation. I hope you will stick around until we get to 1806 and can really  take stock.

And if you want to make sure we get to the end of the empire without advertising and undue haste, you can do so by going to historyofthegermans.com/support and make a contribution, just like Matt B., Hilary R., Michael P., Chris, Henrietta B. Shawn S. and Alexander D. have already done.

Part One of the Imperial Reform (Reichsreform)

Ep. 223: Imperial Reform 1495 – The Diet of Worms History of the Germans

Listen on Spotify

Listen on Apple Podcast

Listen on YouTube

Transcript

Hello and welcome to the History of the Germans: Episode 223 – A Diet of Worms (1495 Edition)

We are now 7 episodes into the action-packed life of emperor Maximilian and he is only 35 years old. We still have another 24 years to go and they will be again full of wars, outlandish schemes, including one where he wants to make himself pope and of course marriages that create an empire. But if you look into German history schoolbooks, the thing that Maximilian is most famous for is what we will discuss today, the Imperial reforms that start in earnest in 1495 and will go through some iterations, before being largely completed in 1555.

Of the 1495 reforms, the Ewige Landfrieden is the most impactful. And it begins as follows quote:

“..from this moment on, no person of whatever rank, status, or condition shall make war on others, or rob, declare feud with, invade, or besiege them, or help anyone else to do so in person or through servitors; or violently occupy any castle, town, market, fortress, village, farmstead, or hamlet, or seize them illegally against another’s will, or damage them with fire or in any other way, or assist by word or deed or in any other way support or supply any perpetrators of such deeds, or knowingly harbor, house, feed, or give drink, aid, and comfort to such persons.”

That sounds great. Who could possibly disagree with that? Why did it take months and months of negotiations to agree this?

Let’s find out.

First up, why was reform suddenly needed?

It is hard to nail down the point in time when things went wrong for the Holy Roman Empire. It might have been as long ago as 1077 when emperor Heinrich IV had to kneel before the pope in Canossa, or was it in 1166 when the last great army of imperial vassals dies in mud and shit outside the walls of Rome. Or was it the sword that murdered Philipp of Swabia in 1208 that was the last of the thousand cuts.

Murder of Philipp of Swabia

But whatever event you choose, by 1495 the empire has been in dire straits for centuries. As friend of the podcast Silvio Aeneas Piccolomini said to the imperial princes “you acknowledge the emperor for your king and master, nevertheless he possesses but a precarious sovereignty; he has no powers; you only obey him when you choose and you are seldom inclined to obey. You are all desirous to be free: neither the princes nor estates render to him what is due; he has no revenues, no treasure. Hence you are involved in endless contests, and daily wars; hence you suffer rapine, murder and conflagrations, and a thousand evils which arise from divided authority.”

…because the endless feuding destroyed the country

When there are no powerful central institutions, law and order collapses. As one chronicler said, when the cat is away, the mice govern as they will. And what these mice liked even more than cheese was other people’s cheese.

Feuding was endemic. There weren’t just the major conflicts like the Mainzer Stiftsfehde or the Princes’ War, there were lots and lots of little fights, in particular in the south, where political power was particularly fragmented. It is the scale of it that is so shocking. Peter Wilson counted  that between 1440 and 1570 there were 278 noble feuds – in Franconia alone. In the first half of the 15th century, feuding destroyed 1,200 villages and the Hussite Revolt a further 1,500. And remember these villages are those that had survived the utter devastation in the wake of the Black Death.  

Looting and pludering from the Housebook of Wolfegg

Now nobody can claim that in the 14th and 15th century the rest of europe was an island of peace where everybody was holding hands and singing Cumbaya. The Hundred years war, the War of the Roses, the battles between the Teutonic Knights and the Polish king, the Reconquista were epic struggles that ruined the countryside in very much the same way as it did in the empire. But all these conflicts were about the consolidation of central power, the king of France against his major vassals, which included the king of England, the king of England against the dukes, the Polish king against an independent state in his midst etc. You get my drift. These wars ended with a victory of the kings, who established strong institutions that did in the end made the roads safe and stopped peasants being assaulted by the local lords. The problem in the empire was that there was no light at the end of the tunnel. One day the Margrave of Brandenburg or the Count Palatine would win some territory, next time duke of Bavaria or the duke of Wurttemberg would take it away from them. There could never be a decisive victory that could bring all this mess to an end.

Feuding and the ensuing misery for the peasant population had been a scourge of the empire for centuries. So, what was it about the 15th century that made the call for reform so deafening  that it could no longer be ignored?

…because the empire is under threat from enemies for the first time

Arguably, there were two, or depending how you want to count, three things that changed during the 15th century.

Firstly, up until the middle of the 15th century, the empire had no natural predators. It may be a mess internally and the emperors were already very weak. But the gap to its neighbouring kingdoms, France, Poland, Denmark, Hungary wasn’t that huge. All these places, as discussed before, were going through a whole lot upheaval themselves. But as they consolidated, the fringes of the empire came under threat. Provence, Dauphine, Franche Comte, Prussia, Holland, the Venetian mainland, and even Austria were gradually swallowed up by these newly consolidated kingdoms.

And the empire is still shellshocked by the outcome of the Hussite wars where crusade after crusade is defeated in ever more humiliating fashion by the Bohemian peasant armies. If the flower of the German knighthood cannot even defeat these unwashed hillbilly’s, what if someone even better organised and even more powerful shows up on the border?

Hussite army led by Jan Zizka

And there was exactly such a new kid on the block, a sort of bodybuilder kid, the Turkish Sultan who was rolling up the Balkans.

For the first time since the Magyar’s had been defeated on the Lechfeld in 955 was there a genuine threat to the very existence of the empire.  

…because the cost of defence of the realm had exploded

These new threats emerged at a time when the cost of warfare exploded. Infantry tactics using pikes could now defeat cavalry and artillery had become a necessity. The best infantry troops were mercenaries, Bohemians, Swiss and German Landsknechte who expected to be paid handsomely. Founding canon was a highly specialised skill, and even a simple field gun cost a multiple of the typical knight’s equipment of warhorse, sword and working armour.

The defence of the empire could no longer be ensured by an occasional raising of the feudal levy. France and Hungary had created standing armies, and so had the Ottoman sultan. The Janissaries counted to about 8,000 to 10,000 men plus the permanent cavalry roughly the same size. And in case of war, the sultan could call on a  multiples of that from the various regional governors, arguably as many as 200,000 men, though logistics meant they could not all be deployed at the same time in one place.

So the empire had to keep pace. In the 12th and 13th century the emperors would take 5 to 10,000 men south, Charles VIII took 30,000 men to Italy and as the Italian wars intensified, armies of 50,000 became the norm.

By the early 16th century one year of campaigning against the Ottomans cost between 1.8m and 3.6m florins and another two decades later, the annual cost of the wars with France ran at 5.4m florins annually. The regular income from the imperial treasury was 25,000 florins though occasional one-off subsidies could be materially higher. An emperor, even if he was a major territorial prince in his own right simply could no longer protect the borders.

Though the full scale of the urgency was not clear to everybody in 1495, it was understood that the current political structure of the empire had run out of road.

..and the Council of Constance had shown a way out

But there were rays of sunshine here too. Feuding and threats to the territorial integrity of the empire had not been the biggest concerns of the people in the beginning of the 15th century. The #1 issue was the great western schism, the fact that there were three popes who had all excommunicated each other and anyone who had followed their rivals, meaning everyone in europe had been excommunicated by at least 2 popes, giving them a 2 in 3 chance of hellfire.

Antonio Baldana: De magno schismate (On the Great Schism)

This massive problem had been resolved by the Council of Constance that sat between 1414 and 1418. This gave people not only hope that even the most intractable of problems could be resolved, it also gave them the tool to do it with. A church council, as we laid out way back in episodes 171 to 174 was the congregation of the faithful whose authority superseded even that of the pope. In other words ideas that had circulated since at least Marsilius of Padua, namely that authority is based on the consent of the ruled, had found manifest expression and prove more effective in resolving the schism than the hapless attempts of kings, cardinals and emperors that went on before.

The debate over Imperial Reform begins

It is no surprise that the serious debate over imperial reform kicked off for good during the later stages of the Council of Basel, i.e. in the 1430s.

This debate is I think extremely unusual, since it wasn’t conducted in the context of gatherings, like imperial assemblies or parliament, as it would have happened in the more centralised kingdoms of France or England. Because Germany was already fragmented into dozens of important centres, some princely residences, some free imperial cities, the debate was conducted in writing. Initially by copying manuscripts by hand, but soon after Gutenberg had invented the printing press, many of these documents were printed and distributed widely.  

Most of these documents begin with an analysis of the dire state of the empire. Here is one commissioned by the archbishop of Trier in 1452 (quote): “… we perceive that there is neither peace nor justice nor prosecution of the law anywhere in the Empire’s affairs. There are many wanton conflicts, disobediences of subjects towards their lords, robberies, arsons, murders, thefts on the roads, feuds and enmities, without any justice or integrity. Neither freedom nor peace is anywhere to be found. Any given prince must defend himself with his own might. When he pursues peace or war in one place, new disputes instantly begin elsewhere. It is constantly necessary for princes, counts, lords, nobles and other good people to prepare for battle, or to pay money to avoid being attacked. It follows from this that the principalities are decayed and ruined through pledging, destruction, base and sinful usury and other day-to-day futile, pernicious, great and severe costs. In the same way, counties, lordships, monasteries and collegiate churches are also reduced to extreme poverty and ruin, and the more prestige and temporal goods they have, the greater the damage they suffer.

From this it also follows that the Roman Empire, the emperor, the princes and all the German nation is now considered the least by all other nations… It therefore seems to me to be necessary to consider a means to raise up the Empire and to put in order the matters of the Empire.”

The analysis was the part that everyone agreed on, it was the solution that was contentious. There are a dozen or so “major” documents that are considered part of this debate and that have influenced the Imperial reform process, though I would assume there were loads more that did not cut as deep.

In a very broad way, they fall into three camps.

Solution 1 – MEGA – Make the Emperor Great Again

In 1437 a paper appears that proclaims to be the “Reforms of Emperor Sigismund”, though it it is very unlikely he actually wrote it. For that the language is a little bit too fruity. The author does not hold back when he lays into the corruption and selfishness of the imperial princes. He is also interestingly very much against the imperial free cities, who he blames for not paying enough taxes. He says that when the heads of the church and the empire are confronted with their injustices, they quote: “turn their arses to us”.  Not quite the tone of the imperial chancery.

His solution was to go back to the great and powerful emperors of the early Middle Ages. The princes, both the temporal and the spiritual ones should return all the lands, tolls, mints, mining rights that had once belonged to the empire. Then the emperor would again have the resources to deliver peace and justice and protect the realm.

This was of course never going to happen. But the “Reforms of Emperor Sigismund” remained in print throughout the 15th and 16th century and enjoyed a lot of support amongst the lower classes, largely because it declared the following – quote: 

“It is an unheard-of outrage – a great, ongoing injustice which ought to be publicized to all of Christendom – that some are so spiritually impoverished before God that they speak thus to their fellow human, whom God has powerfully redeemed and freed: ‘You are my property!’ This is a heathen way of behaving. God has redeemed us from all bonds, and henceforth nobody should haughtily exalt themselves into any position of ownership over another.” End quote

This idea of a renewed imperial power that could right all the wrongs done to the serfs and peasants was an important factor in the various uprisings and finally the Peasant War.

When these proposals were going a bit too fa, there were other, more moderate suggestions to create an effective imperial executive that enjoyed support.

Solution 2 – Let a Dozen Oligarchs Bloom

This position was first articulated in the policy paper, issued by the archbishop of Trier in 1452 that I have already quoted from before.

He proposed that every year the emperor and the electors come together in a city in the centre of the Reich and establish a court. Here all decisions about war, peace and justice were to be taken. As for the inner workings of this court he says quote:  “each and every thing required for this establishment of justice and organization of the emperor’s court should be properly ordained by us, the electors, and the councillors whom we appoint for this purpose”.

The idea here is to set up a sort of oligarchy that runs the empire, keeps the peace, establish a system of courts to resolve disputes, bans feuding and raises armies for the defence of the realm as and when needed. The name for this structure was the Reichsregiment, best translated as the Imperial Government.

In this scenario the emperor was just a senior member of the Imperial Government with some ceremonial duties and maybe the nominal command of the army in case of war.

There are variations to this theme differing around the question of who is going to be a member of the Imperial Government. There were after all a number of very powerful imperial princes who were not electors like the dukes of Bavaria, Wurttemberg, Brunswick, Holstein and the Landgraves of Hesse to name just a few. And these princes were as disinclined to be ruled by the seven electors as they resented imperial interference in their affairs.

Solution 3 – Be More Pope

This proposal originated with Nicolas von Cues, one of the most influential theologians and thinkers of the age. Cues took inspiration from the church councils of Constance and Basel, the events that had given people hope that the difficulties of the empire could be resolved in the first place.  

Nicholas of Cusa

For him, the Reichstag, much like a church council, should represent the constituent parts of the empire, decide the laws and has the ultimate say in how the empire is to be run. The Reichstag should convene annually and a committee formed by the Reichstag should exercise its rights during the time the Reichstag wasn’t sitting.

But Cusanus did not want to replace the emperor with an imperial government, in the same way the church council did not replace the pope. He believed the empire needed a strong executive power to deliver peace and justice. The emperor should command a standing imperial army funded by an imperial tax. He would also direct four imperial vicars based in Brabant, Austria, Milan and Savoy who would administrate four regions or circles of the empire. Next, an eternal peace that banned feuding would be passed by the Reichstag and a system of courts established. Decision of the courts would be enforced by the imperial vicars or the emperor himself.

These are the three options, return to the good old days of Otto the Great, create an Imperial government made up of electors and maybe princes and third, a sort of middle way where we end up with the Reichstag and the emperor working together, one focusing on passing the rules and the other on enforcing the decisions, in particular the ban on feuding and the defence of the empire.

Attempts so far by Trier & Martin Mayr

Fascinating as this debate amongst clerics and intellectuals may be, this does not solve the problem unless somebody does something.

As you may remember from the previous seasons, efforts have been made to bring about imperial reform.

The electors deposed Wenceslaus the Lazy for incompetence and replaced him with Ruprecht of the Palatinate in the hope he would resolve the issue. When neither he nor Sigismund moved things on, they planned to depose Sigismund as well, but failed to agree on a candidate for his succession. Still first attempts at establishing a general imperial tax were made, but petered out rapidly (episode 179).

There was a lot of enthusiasm when Friedrich III come in and established the Kammergericht as an imperial court staffed with professional judges but that had evaporated rapidly. In the 1450s and 1460s several princes, guided by Martin Mayr, attempted to reform the empire by replacing Friedrich III with a more suitable, or malleable candidate. Various names were floated, including Friedrich the Victorious of the Palatinate and Georg von Podiebrad, the king of Bohemia.

But neither of these schemes came to fruition. In the 30 years before the diet of Worms of 1495, the debate had gradually turned into a standoff. The princes demanded action, and in 1467 Friedrich III passed a time limited Landfrieden, or general peace and re- established the Kammergericht. However this did not materially reduced feuding, mainly because the Kammergericht judges often went without pay and Friedrich III lacked the resources to enforce their judgements.

After that things then ground to a complete halt. Every time the estates demanded more significant change, Friedrich III refused to even debate it, at which point the princes refused any help in the various wars and conflicts, except for the most obvious cases at Neuss and when Maximilian was imprisoned in Bruges.

The 19th century came down hard on Friedrich III, blamed the continued delay in German statehood on his intransigence. However, since the princely proposals were usually along the lines of the archbishop of Trier, aka asking for a complete emasculation of the emperor and the establishment of a princely Imperial Government, I can understand why he kept going Njet, or in Austria “na”

Maximilian on the other hand was more inclined to discuss imperial reform. He could see that his father’s strategy had run out of road. He had fought the French on the Western border for a decade and his dream was to go up against the Turks. There was no way he could do that without the support of the imperial estates. And the only way to ensure consistent support from the estates was by establishing new institutions and taxation model.

Therefore, when he was elected in 1486 he gave some subtle or not so subtle hints that he was ready to negotiate. But he could never really act on this since his father stepped in every time Maximilian was about to make concessions.

That is why nothing happened until 1495. But in 1495 Friedrich III, minus one half leg, was safely three feet under and the real discussion could begin.

Convocation of the Diet of Worms

Maximilian called on the imperial estates to assemble in Worms on February 2, 1495. When he did that, he had not intended to make this a debate about imperial reform. All he wanted was a two week get together, at the end of which the estates would grant him two things, an immediate subsidy to raise an army to go after king Charles VIII of France who had invaded the empire in Italy, and ideally a longer term say 10 to 12 year commitment to fund a standing army for the defense against the Turks.

Worms – Haus zur Munze where the Diet met

As usual, Maximilian was late. When he got to Worms on March 18th, there was hardly anyone there. It took another 10 days before enough princes were assembled to form a quorum. Maximilian made a speech, said, give me the money now, it is urgent, the French are already in Naples.

This went down like a lead balloon. The still rather small audience was taken aback by the speech. Maximilian had not mentioned the imperial reform at all. Not a single word, not even  a gentle nod in the general direction. Why, this was the first gathering after Friedrich III’s death. Of course we should discuss the Imperial reform now. They stalled and said we should wait until more princes are here.

April 1495 – The debate begins for real.

It took until April 7th for the 147 participants to make their way to Worms. There were 5 of the 7 electors, 29 temporal princes and 10 spiritual lords had come in person and a further 12 had sent their representatives. Then there were 67 counts and imperial knights and 24 imperial cities present.

By now Maximilian was getting seriously twitchy. He was not prepared for some longish constitutional debate. Literally a week ago his envoys had signed up for the Holy League and his new Italian and Spanish allies expected him to come down to Italy with an army and help trap the king of France in Naples. He also had another couple of irons in the fire. Perkin Warbeck, the Yorkist pretender was recruiting an army for his landing in England. This army was paid for by Maximilian and his mother in law, Margaret of York and was sailing in July of that same year. And there was still a rest of the Burgundian war going on in Gelders, where the French supported a claimant to the duchy.

Maximilian really needed to get this done and quick.

But that was not easy. The princes, bishops, counts, knights and cities who had gathered in Worms believed that it was now or never. Maximilian’s father was dead and the new king should now engage on the long overdue reforms, and moreover, they had him by the short and curly’s. Plus, if they would give him the money now and he defeated the French, went to Rome, got crowned emperor and returned as the victorious hero, it would take decades before they could nail him down again.

So they stalled. They took the imperial funding proposals and pretended they were debating them. But in reality, they discussed what imperial reforms they would demand of Maximilian. After a few weeks of no progress, Maximilian realised that his schedule was no longer achievable. He called the estates, asked them what they wanted and they presented him with a document outlining a range of reforms they wanted to discuss. These looked aspirational, but not excessive and Maximilian reluctantly agreed that the Reichstag would now debate imperial reform.

The decision making process

To understand what happened next, we have to take a quick look at the way the Reichstag makes its decisions.

The Reichstag is not a parliament where everybody is in one room and debates the issues of the day.  The Reichstag is actually three separate colleges, one for the Electors, one for the imperial princes and the counts and a third one for the cities.

The process starts with an imperial proposal that sets the agenda. The proposal goes into each of the colleges, where the members discuss it behind closed doors and vote on their response.

Reichstag meeting 1640

Then the three colleges compare their respective opinions and debate and revise them, until they arrive at a unanimous opinion of all three colleges which is then presented to the emperor. The emperor can then either agree or reject it. If he rejected it, it went back to the colleges and the whole process starts again.

This process took ages!

The process was heavily tilted in favour of the electors and major territorial princes. These two colleges would coordinate their opinions before they would show them to the college of the cities who could then only get smaller adjustments through. Secondly, the smaller entities, the counts, abbots, abbesses and imperial knights had to pool their votes, weighing no more than the vote of one of the princes, and peasants were of course not represented at all.

And the emperor was not allowed to be present at any of these. He was literally hopping mad outside the closed doors as the king of France slipped through his fingers.

And because it was complex and involved a lot of chats in corridors and meetups in side rooms, it required someone to manage the process. Enter stage left, Berthold von Henneberg, archbishop of Mainz.

Berthold von Henneberg

Berthold has been painted as Maximilian’s great adversary who fought for the rights of the estates against a recalcitrant ruler, unwilling to pass any reforms. But that is probably inaccurate. Berthold was, like many other bishops and abbots, very keen on a permanent peace and an effective ban on feuding. As we have seen in the example of Mainz, the largely defenceless church territories were under constant attack from rapacious princes. And he also believed that an Imperial Government would be much better able to achieve law and order than the emperor. But he wasn’t a revolutionary flying the flag of the liberty in the face of tyranny. He was more the guy who brokered the compromise the estates could bring to the emperor.

With all the preliminaries out of the way, we can look at the actual debates. I think the whole process breaks down into three separate phases.

Phase 1  lasted from March 18th to April 27th 1495. In that phase Maximilian pushed for his initial proposal to just give him the money and maybe discuss imperial reform later. That proposal was stalled by the estates. Instead they presented him with a counterproposal, to first discuss a permanent peace, the establishment or revival of the courts, the Kammergericht and the Reichsregiment, the Imperial government.  Once that has been agreed they would be happy to discuss the funding of the army and taxation. Maximilian resented the idea of an Imperial government where the electors had a huge amount of power, but given his position, he agreed to proceed on this basis.

Phase 2 lasted from April 27th to June 22nd. As described above, the Reichstag set-up and process is heavily skewed to the electors and Imperial princes. And the electors and imperial princes know that Maximilian is under massive pressure. So they ransack the sweetshop. What the Reichstag presents on May 18th 1495 was a princely fever dream.

They propose an Imperial Government made up of 17 representatives that would be given full control of the state. They would handle Finance, domestic and foreign policy, defence, law and order, justice and even legislation. In this Imperial government the emperor would have only 3 of the 17 votes. In a particularly misjudged slight, the Habsburg duchies did not have a permanent seat in this government. What enraged Maximilian even more, if that is at all possible, was that the conduct of external wars was taken away from him completely. The Imperial government was to appoint an Imperial Captain who would raise troops, appoint officers, manage logistics and lead in battle.

That would have turned the emperor into a completely powerless figurehead, wheeled out on special occasions looking fancy in his crown and gown.

It also did not help that the proposal came with a whole host of accusations that Maximilian and his predecessors had presided over a century of decay and loss of territory. And since the emperors had let so many lands go, the burden on these who had remained was now exorbitant. So before he asked for more money, he should go and collect the outstanding dues in Provence, the Rhone Valley and the Low Countries.

Obviously there is no way in the world or outside it that Maximilian would sign on to this. They tried to sweeten the deal by granting him 100,000 florins to raise an army but that was less than the 150,000 he had asked for, and as we will see is only paid when it was too late.

When he receive the proposals on May 25th, he called it for what it was, blackmail. He was so angry, he did not respond for almost a month. Instead he acted as if there was no Reichstag going on. He invested Ludovico il Moro as duke of Milan without asking the electors, he negotiated with the Swiss about hiring mercenaries for a war against the French and the Turks.

Having spent weeks jumping up and down outside the council chambers of the Reichstag, now he let the princes walk by his chamber wondering what the king would do next.

It must have been a true feat of self-discipline to not go and beg for money. With every day that passed the chances to meet his international commitments and to catch the king of France were dwindling away. But there was no way he could hand over the crown of the empire to the princes. There is more of his old man in Maximilian that it appears at first sight.

But Maximilian wasn’t idle. He seeded discontent amongst the estates. Not everyone was keen on an all-powerful Imperial government dominated by the Prince-electors. All the smaller entities, the counts, the abbots, the cities, the imperial knights feared quite rightly that they would be swallowed up by the larger territorial princes. But even some of the most powerful dukes, of Bavaria and Saxony were unhappy with the limitations to what was right now almost complete autonomy. Slowly but surely the consensus over a princely oligarchy was falling apart.

The first indication that the princes were about to cave came when they revised their proposals for the permanent peace and the process for the professional court, the Kammergericht. These were all topics where the two sides had a lot of common ground. These proposals then became the basis on which productive negotiations continued for the rest of the Reichstag.  

But on the Imperial government, not a peep until, almost a month later, on June 22 he sent a revised version of the Reichstag proposals back to the colleges. He had taken their text and just simply flipped words, so that for instance the Imperial Government was to be staffed not by the princes, but by people the emperor chose. It would be based, not in Frankfurt, but at the imperial court. Whole sections he did not approve off, like the section on the Imperial Captain, he simply dropped.

All that went back to Reichstag for further debate, which kicks off Phase 3.

We are now at the end of June. The battle of Fornuovo took place on July 8th. Charles VIII was home and dry. Perkin Warbeck’s landing in England had ended in a total disaster. The guy did not even get ashore before his small army was decimated. Gelders could wait another year.

Basically, the power of blackmail the estates had over Maximilian was gone. The ball is now in the King’s court. Now he can use time to force concessions.

On June 28th, the electors and princes give up their idea of an Imperial Government that replaces the emperor. Instead they agree to something called the “Handhabung” that laid down some rules about a governing council and the Reichstag procedure that would soon be revised.

And whilst all this back and forth over power in the empire went on, a few unsung heroes managed to forge an agreement between all the parties involved that would actually stand the test of time. The “Ewige Landfrieden”, the eternal peace which at least formally ended feuding in the empire, the Kammergerichtsordnung, the procedural for the professional imperial court and the Common Penny, the tax that was meant to fund these institutions.

Some of these were real breakthroughs that stayed on the statute book until 1806, others were less successful, but 1495 marked a huge step towards the curious constitutional structure of the Holy Roman Empire that we will discuss in more detail next week. I hope you will join us again.

And as always, if you feel this show serves a purpose that you feel is worth supporting, go to historyofthegermans.com/support where you find all sorts of exciting ways to keep me in my seat chatting about long forgotten empires.

And a big thankyou to Duncan Hardy whose translations of key documents I used extensively in this episode. You can find a link to his excellent book in the travel, maps and books section of my website

The End of the Unversal Empire

Ep. 222: Maximilian I (1493-1519) – Italian Wars and Spanish Marriages History of the Germans

Transcript

Hello and welcome to the History of the Germans: Episode 222 – Italian Wars and Spanish Marriages

The world is a-changing. Maximilian I may still dream of the medieval universal empire where he will lead Christendom in an epic crusade to expel the Turks from the European mainland, even reconquering Jerusalem. Meanwhile his main adversary, king Charles VIII of France unleashed the fury of war in Italy, kicking off a struggle that would last for 50 years and replaced the medieval world of popes and emperors with a system based on the balance of powers.

In the near term, this expedition to conquer the kingdom of Naples triggered not only the outbreak of Syphilis, but also the double marriage between Habsburg and Spain that Maximilian did not want, but ended up being the second of the three marriages that created an empire.

Lots to get through, none of it boring..

But before we start it is once more time for me to go to Augsburg and beg for some more funds to raise and equip my modest podcast set-up. I know that you know that I can never pay it back, other than with my sincere, heartfelt and eternal gratitude. And if you too hanker after such deep felt sentiment, go to historyofthegermans.com/support and join the most generous Mary J H., Barry T., Aleksandar A., Tudor C., Matthew J, Carnicelli and Brett C.

And with that, back to the show.

Last week we saw Maximilian of Habsburg reconquering and consolidating the lands of his family. For the first time in XXXX years, there was only one member of the family who held Austria, Styria, Carinthia, Tyrol and Further Austria. Maximilian had also added Flanders, Brabant, Holland, Hainault, Seeland, Luxemburg and the Franche Comte to the family fortune, most of what is today Belgium, Luxemburg and the Netherlands. Friesland and Gelders would take a bit longer, but came on to the roster eventually.

Habsburg empire in 1547

And then, in August 1493 Maximilian’s father, the emperor Friedrich III expires at the tender age of 77 and after 53 years of keeping the throne of the Holy Roman Empire warm. His health had been deteriorating for a while now and in June his doctors had amputated his sclerotic left leg. This widely documented medical procedure was hailed as hugely successful, though the patient died three months later, allegedly from excessive consumption of melons.

Amputation of the leg of Friedrich III

Friedrich III has been a steady companion of this show for 12 episodes, often in the background, and when in the spotlight it was mainly because he had once more lost a city, a battle, a duchy or a kingdom. He had his highpoint at the siege of Neuss and he could get his son elected King of the Romans, a feat not many emperors had achieved before him. But the low points and disappointments prevailed. Being besieged inside the Hofburg in Vienna by his brother and the burghers of the city was the moment where the dynasty could have failed for good, and his last years as a wandering homeless emperor in name only did little to strengthen the esteem the office was held in.

Over the previous decades the reception of Friedrich III has improved significantly. The 19th century had dubbed him the imperial arch sleepy hat and blamed him for the continued erosion of imperial power. Modern historians see him more as man who tried to maintain as much of the institution as he could, given his limited resources. He was persistent in retaining the imperial prerogatives, even if he was unable to exercise them. He had steadfastly resisted the calls to reform the empire into a loose confederation led by the imperial princes, even when he stood literally with the back against the wall.

This makes a lot of sense to me, in as much as the duchies of Austria, Styria and Carinthia were indeed not enough to sustain a forceful imperial administration. Even more so considering their  geographical location on the eastern edge of the empire.

On the other hand, the 15th century was a time where ambitious and smart men were able to forge kingdoms. Charles VII of France had been disinherited by his mother and father, most of his kingdom had been occupied by English and Burgundian forces and still by the time his son Louis XI died, France was the largest and most coherent power on the continent. Henry VII, the first Tudor king had spent 14 years in exile and carried only a thimble of royal blood and still brought an end to civil war and created a platform on which his descendant could build one of the most successful political entities the world had ever seen. Matthias Corvinus was the son of a hero, but came to the throne as a puppet of the magnates, and turned Hungary into a modern, militarised country. Jogaila, the pagan grand duke of Lithuania, created a dynasty that in 1493 ruled Poland, Lithuania, Bohemia and Hungary.

The empire of the Jagioellons

Friedrich III was simply not like these aggressive, daring men. He was a high aristocrat of the old school who believed that all this power was owed to him because of his lineage or because it had been foretold in the tale of the 95 rulers of Austria, or because Caesar and Nero had singled Austria out for world domination. A.E.I.O.U.

Meanwhile his son Maximilian was one of these aggressive Renaissance gamblers who put everything on red in order to win an empire. He had himself emerged victorious from the war of the Burgundian inheritance having received barely any support from his father or the empire until the very last moment. And as we will see in the upcoming episodes, he would again and again make high stakes bets that just happen to come good.

But at the same time, he was the son of his father. He deeply believed in the sanctity and superiority of the imperial office and the Habsburgs predestination to hold this title until the end of times. He saw his purpose in leading Christendom in its war against the Turks and constantly called crusades aimed at freeing first Constantinople and then Jerusalem. These other kings, the French, English, Polish, Spanish and so forth, they should be subordinate to him once he was crowned emperor.

Just to be clear, he was wasn’t mad thinking these much more powerful rulers would be at his back and call. He saw them more like the Imperial princes, largely autonomous, but in crucial matters of the continent, obliged to follow his lead. His political philosophy was deeply routed in this idea of the universal roman empire.

One incident that shows the state of this universal empire was when he established diplomatic relationships with the principality of Muscovy. At this point Ivan III, the grandfather of Ivan the Terrible went by the title of Grand Prince of Moscow, but occasionally use the term Tsar, as in Caesar or emperor of all the Russians. Maximilian offered him the elevation to king, something he could do in his function as emperor, even emperor in waiting. But Ivan III refused, saying that he was the successor of the emperors of Constantinople and did not recognise the Habsburg as his emperor. Only a small blow to this idea of a universal imperial authority, but too small to be noticed. However, not the last.

As emperor, Maximilian believed that Northern, if not all of Italy was part of his realm. Sure, no emperor had exercised any tangible power in Italy since the days of Henry VII, but formally, Italy was still part of the empire. When the Gonzagas in Mantua, the Este in Ferrara or the Sforza in Milan wanted to take on ducal titles, they looked to the emperor for a patent that made them so. The emperor was also occasionally called on to arbitrate conflicts or to acknowledge lines of succession.

Maximilian, fresh from gaining Burgundy and Tirol, from reconquering Austria and becoming the sole ruler of the empire after his father’s death, now took a closer look at Italy, specifically at Milan.

By 1493 Milan had become one of the most important states in Italy, alongside Venice, Naples, Florence and the Papacy. It had incorporated several of the old city republics that had featured so prominently in the story of Barbarossa and Fredrick II, namely Piacenza, Pavia, Parma, Cremona, Lodi, Novara, Tortona and Alessandria. Its de facto ruler was Ludovico Sforza, called il Moro, the son of the great condottiere Francesco Sforza who had taken the duchy over from the Visconti family.

Ludovico ruled on behalf of his nephew Gian Galeazzo Maria, but was very keen to become duke in his own right. The only person who could do that legally and formally, was now Maximilian. In exchange for recognising his position Ludovico offered Maximilian two things he needed desperately at this point, money, and a wife. Money is something Maximilian always needed, in particular if the sum offered was 400,000 gulden, roughly twice his annual income at the time. And Maximilian needed a wife. This whole affair of the heiress of Brittany, little Anne, had left a bad aftertaste.

Map of Italy in 1494

Maximilian had shouted from the rooftops that his bride had been abducted by the perfidious French king Charles VIII, but in 1493 had made peace and was now busy brushing the whole affair under the carpet. The best way to achieve that was another high profile marriage that makes him look as if he had rejected Anne, not the other way around.

So, on March 16, 1494 Maximilian married Bianca Maria Sforza, the niece of Ludovico il Moro. Despite her beautiful name and vast riches, Maximilian lost interest in her very quickly. She turned out to be a little bit thick, a bit too fond of sweats and jewels and just generally not great company. So, this time, Maximilian does not fall in love with his spouse. What he had instead was a regular supply of mistresses, some of whom bore him children, though it is unclear how many. Wikipedia counts 15, contemporary sources say 8. Several in any case, though he did not have any children with Bianca Maria Sforza.

Profilbildnis Kaiserin Bianca Maria di Galeazzo Maria Sforza (1472-1510)

The year 1494 did hence start off not too bad. He got married, he got money from his new ally in Milan, he is now sole ruler of the empire and his lands are gradually recovering from the endless warfare and strife. He even undertakes the traditional Umritt, the journey across the empire where he received grand welcomes, renewal of feudal vows and general acclamation.

But all that joy and celebration turns to panic and despair when news arrive that king Charles VIII of France had set off on a military expedition to take the kingdom of Naples. That went to the heart of Maximilian’s political vision. He wanted France encircled by hostile nations, the English in the North, the Spaniards in the south and him in the West. If France gained powerful positions in Italy, that grand plan was dust. Moreover, Charles VIII had dubbed his invasion a crusade hinting at a long term plan to attack the Ottomans from Naples. That too was not on, because in Maximilian’s world, a crusade would attack in the Balkans and was to be led by him, and nobody else. Moreover, if Charles VIII was successful in a crusade, what would stop him from asking the pope to crown him emperor. As Matthew Paris had declared already way back in the 1250s: “Where is it written that the Germans should make the roman emperor”. This is the same concern that had convinced Henry VII that it was paramount for him to get involved in Italian affairs. Moreover, the pope in 1494 was Alexander VI, Roderigo Borgia, a man whose reputation for corruption and ambition reverberates through history books and tv series.

Portrait of King Charles VIII of France (1470–1498), wearing the Collar of the Order of Saint Michael

What Maximilian and europe will learn in the coming decades is that his ideas about crusades, empire and the unity of Christendom are completely and utterly outdated. The Europe of 1500 is fundamentally different to the Europe of 1400 and unrecognisable from the Europe of 1200.

The great wars of the 14th and 15th century were in the main domestic conflicts over leadership and internal consolidation. The Reconquista was about unifying the Iberian peninsula, the Hundred years war was about the role of the king of France vis-à-vis his vassals, which included the duke of Burgundy and the king of England, Poland’s war against the Teutonic Knights was about submission of an independent state within their territory. The wars in the Holy Roman Empire and Italy were over the relative power of individual entities in the absence of a powerful king.

By the end of the 15th century many of these wars have come to their conclusion. The Spanish completed the Reconquista with the marriage of Ferdinand and Isabella in 1469 and the conquest of Grenada in 1492. The Hundred Years War and the marriage of Charles VIII to Anne of Bretagne consolidated almost the entirety of France under control of the crown. Equally the Tudor kings Henry VII and Henry VIII held direct sovereignty over England and Wales without intermediation by the dukes. In other words we are now having multiple political entities in europe that have the ability to raise extraordinary amounts of money in direct taxes from their subjects. And these taxes are converted into permanent armed forces or the hiring of trained mercenaries. And once you have those, the scale and scope of war changed.

Europe in 1500

We are now having kingdoms fighting against each other for supremacy, preferably on third party soil. Victory no longer means the defeated prince swears allegiance to the victor and returns to his or her palace. Now victory results in the annexation of territory and the removal of the previous management. There is no longer an emperor as a central authority tasked with maintaining peace between the parties, not even in theory. In 1414 Europe accepted that the emperor Sigismund had a responsibility to bring an end to the Great Western Schism. By 1500, that would no longer be the case.

The Italian war will change all that. In this war we will find French heavy cavalry, Spanish infantry, Swiss mercenaries, German Landsknechte, even English and Scottish soldiers fighting against and alongside Italians on Italian soil but not mainly for Italians, but for foreigners.

Batttle of Pavia tapestry

When previously the emperors came down to Italy, they travelled through what most people believed was their empire. They did fight, not as foreigners against “the Italians”, but as the overlord against their insurgent cities and the pope. Barbarossa did not come to conquer Italy, he came to reassert his authority in Italy as emperor. Where he found resistance it was from cities who did oppose, not his overlordship as such, but his level of interference.

What is happening now is that foreign armies come to Italy to conquer it and incorporate it into their realm. And that is why the invasion of Italy by Charles VIII is the moment when the political landscape of europe flips from the medieval to the early modern.

But I am jumping ahead. Let’s first look at why Charles VIII set out for Italy with an army of 1,900 Lances, 1,200 mounted archers and 19,000 mostly Swiss infantry in August 1494.

As a I mentioned before, the Italian communes were no more. Italy had become a patchwork of larger and smaller states. Some were nominally republics like Florence, Siena and Venice, but most were under control of a single ruler, some of them had been graced with imperial titles like the marquess of Mantua or the dukes of Urbino, Ferrara and Milan, others remained just Signore.

The five biggest states were Venice, Milan, Naples, the Papacy and Florence.

Let me go through them one by one.

The city of Venice had done exceedingly well, since, well since its founding. By the late 15th century the Venetians controlled the Adriatic as well as multiple trading posts along the eastern mediterranean giving them access to the luxury goods coming down the silk roads into Constantinople, Alexandria and lots of smaller ports. Its power rested on its navy that at its peak comprised 3,000 ships manned by 36,000 sailors. In its famous dockyards, the Arsenale,16,000 workers produced one galley a day using standardised parts for construction and fit out, a process that looked a lot like modern industrial manufacturing.

And Venice had also begun to acquire more and more of its hinterland. The first acquisition on the mainland was Mestre in 1337 and within about a hundred years, Venice had pushed through to Padova, Treviso, Vicenza, Verona, Friuli, and then Bergamo, Brescia, Crema, Cremona and Lodi. These latter acquisitions brought Venice into conflict with neighbouring Milan.

Venice had an interest in Naples too, in as much as the  straights of Otranto were the narrow access point into their Adriatic.

Milan, as I mentioned had gone from the Visconti to the Sforza. In this process the duchy had shrunk, in particular by conceding cities to Venice. But it was still a formidable power, controlled, albeit precariously by Ludovico Sforza, called il Moro.

Traditionally Milan had allied with Florence against Venice and Venice had found support in Naples. This opposition to Naples continued into the late 15th century. Ludovice Sforza was specifically concerned that the Neapolitans were trying to undermine his position by supporting his nephew Gian Galeazzo Maria, who was after all the true heir to the duchy of Milan.

Which gets us to Naples. Unlike the other states, Naples was originally a kingdom, the kingdom of Sicily. Sicily had changed hands a few times since its foundation by Roger II. You may remember that Charles of Anjou from a junior branch of the French royal house, had wrestled the kingdom of Sicily from the Hohenstaufen. He did however lose the island of Sicily to the kings of Aragon in the Sicilian Vespers (episode 92). The Aragonese and the Anjou spent about a hundred and fifty years staring at each other across the straits of Messina, until Alfonso V of Aragon made a move on the mainland, which by then had become known as the kingdom of Naples. The ins and outs of this exceedingly complex process is impossible to recount here. For this and all the other stories, I recommend a History of Italy where Mike Corradi takes you through all these shenanigans in his inimitable style. And the History of Venice will in time cover the Venetian leg of the story.

Bottom line is, the Aragonese conquered the kingdom of Naples and sent the Anjou packing. The last of them, Rene, passed his time in Provence where he became known as the Good king Rene.

Meanwhile the new king, Alfonso of Aragon decided to give this kingdom of Naples to his illegitimate son, Ferdinand, or as the Italians called him, Ferrante. Ferrante was an exceptionally capable, cruel and ruthless ruler who made himself into one of the most powerful and influential figures in Renaissance Italy.

Naples main interest lay due north of them, in the papal states. For one, the popes were his direct neighbours, but the pope was also the overlord of Sicily with the right to determine who was the king. Given Ferrante’s  birth out of wedlock, that was an important issue. Naples tended to ally with Venice, whose fleet could put pressure on the popes, and who needed to get its ships through the narrow straits of Otranto.

Please bear with me, we are nearly done with this epic simplification.

The papacy was still in an awful state. The council of Constance had ended the schism in 1418 and pope Martin V was again the sole pope ruling from the eternal city. But during the schism and then in the struggle between the church councils and the popes, many monarchies had agreed concordats with the popes that granted the national churches autonomy from Rome. France, England, Spain and the Habsburg lands had national churches where the pope had scarce influence over the appointment of bishops and had limited call on church taxes. Thanks to Friedrich III’s poor negotiations, the empire became the largest source of external revenues for the papacy, an issue we already touched upon in episode 209 are going to encounter again I am sure.

Italy in 1499

Given there was not enough money coming in from abroad, the Renaissance church had one major objective, which was to reconsolidate the papal states. During the papal absence from Rome, many of the cities in the papal states have come under the control of ambitious lords, the Bentivoglio in Bologna, the Malatesta in Rimini, the Este in Ferrara, the Montefeltro in Urbino and so forth. Moreover, the two grand families of Rome, the Orsini and the Colonna held large sways of the countryside, owned their own mercenary armies and had huge influence in the city of Rome.

That is why the cardinals elected the famous renaissance popes, Pius II, Sixtus IV, Innocent VIII, Alexander VI, Julius II, Leo X and Paul III whose skills lay more in the cut and thrust of Italian politics than in the spiritual guidance of their flock. If they had one redeeming feature, it was great taste in art.

In this game of recovery the popes used whichever alliance came in handy. The constant switching back and forth was made even more bewildering by the fact that popes and cardinals were often either members or allies of the leading families or states. There were Venetian cardinals and popes, the Medici brought in two popes in quick succession, the French had one of their allies in the form of Julius II and Alexander VI was born a subject to the king of Aragon.

Last but not least we have the republic of Florence. Though still formally a republic with a council and everything, the true power in the city lay with the Medici. They had established a complex web of patronage funded by the proceeds of the  banking business. Florence was motivated by business rather than territorial expansion per se. Nevertheless, they had acquired Pisa and kept Siena at arm’s length.

Despite all these brooding conflicts, Italy had experienced a long period of comparative peace.

In the wake of a particularly ferocious war between Milan and Venice, the big five states and several smaller ones came together in the Italian League of 1455. It confirmed the territorial status quo and included an obligation to come to each other’s defence should any of them get attacked.

This agreement was a masterstroke that reduced violence dramatically and allowed Italy to slowly recover from the Black Death, war and insurrections that had marred the previous hundred years. The Italian cities prospered and many of the wonders of Renaissance Art were created.

The Pazzi conspiracy of 1478 almost unravelled this peace when pope Sixtus IV encouraged a rival Florentine banking family to murder the Medici and take over the state of Florence. Naples was about to attack Florence in an alliance with the pope and a broad war might have ensued. It was Lorenzo the Magnificent, pitifully bad banker but gifted politician, who managed to calm things down, giving the league another lease of life.  

So far so excellent. All the Italians were holding hands and were happy making money, until…

Well, until the main architects of this peace agreement, Ferrante of Naples and Lorenzo the Magnificent were no more. Lorenzo the Magnificent in 1492 and Ferrante of Naples in February 1494.

The league had held for much longer than anyone could expect, but never resolved the underlying issues, the rivalry between Milan and Venice, the ambitions of the papacy and the inherent fragility of the regime in Naples.

At the same time the fabulous wealth of the Italian cities had always been a huge attraction for its neighbours. In the past these had been the emperors and princes from north of the Alps, but now it was the newly consolidated and well-armed kingdom of France that put its hat in the ring.

If you want to conquer a country, what you need is a pretext, at least that was still the custom in the late 15th century. And the pretext in 1494 was that the title of a king of Naples had gone to Charles VIII of France when Rene, the last of the old Anjou kings had died. The French argued that the current occupant, Ferrante’s son Alfonso, was an illegitimate ruler on two counts, one because his grandfather had expelled the Anjou in 1442 without legal justification and two, because his father was a bastard.

That was the argument, but what was the trigger. The trigger was Ludovico il Moro, the ruler of Milan. He was only in charge as the guardian of his nephew who was no longer that young. And the king of Naples had been trying to unseat Ludovico by supporting the claim of the nephew to not just the title but also actual rule of the duchy. In response Ludovico had been leaning on the king of France to go after Naples and thereby remove the threat to his rule. It would later be said that it was Ludovico il Moro who had called the French to Italy.

Ludovico Il Moro 

Then there was Florence, where the Medici family took the side of the Aragones king of Naples against Milan and France. Problem was that the family no longer had the money to buy their popularity and the population was leaning towards the French since much of Florence’ exports went to France. In 1494 the citizens of what was still nominally a republic made their views very clear and when Lorenzo’s son Piero refused to shift towards the French side, they unceremoniously threw him and all his supporters out. Into that power vacuum stepped a monk, Girolamo Savanarola, who whipped up the crowds with promises of doom and the end of days that turned Florence briefly into a religious fundamentalist dictatorship. Florence opened its gates to Charles VIII whose troops paraded in under their crusading banners.

Savanarola

At which point the only meaningful obstacle between France and Naples were the papal states. And the pope was still Alexander VI, father of Cesare and Lucrezia Borgia and renaissance villain pope par excellence. Alexander VI was initially opposed to let the French pass, but when they marched into Rome and promised him vast riches for his children, he changed his mind.

Bottom line, Charles VIII campaign to conquer Naples was as simple as cutting through butter. There was barely any resistance. King Alfonso of Naples fled and by the autumn of 1494 Charles VIII was sitting in the royal palace of Naples, his army mopping up the last few castles that had not yet surrendered.

This rapid success shocked not just the Italians, but everybody else. The first to get scared was Ludovico il Moro, the ruler of Milan, the man who had called on Charles to come to Italy. He got a visit from Louis of Orleans, the cousin of Charles VIII and his crown prince, who informed him that his grandmother was a Visconti and hence Milan should be his.

Venice too got itchy about the straits of Otranto and Charles’ idea to start a war against the Ottomans. The pope did not like the French that much after all, in particular he feared they would stop him getting his beloved Cesare his own principality inside the papal states.

But two even more consequential rulers were upset. First, our friend Maximilian, who – as we know – thinks that Italy is his, because he is the future emperor. But there are also some more rational issues in play. A permanent French presence in Italy would break the intended encirclement, and if they, god behold, were taking Milan, then they would be right on his doorstep in Tirol.

The other person really upset was of course, Ferdinand of Aragon, husband of Isabella and part of the power couple that had taken Granada and was now running all of Spain. They also had just dispatched a Genoese seafarer, a certain C. Columbus who had promised to find a new route to India and the spice islands by going west. O.K. he is of course never going to come back since every half decent navigator in the late 15th century knows, the distance across the globe on the western route to India is far, far too long for a Caravelle.

Columbus before Ferdinand and Isabella

Ferdinand, as king of Aragon was also the ruler of Sicily and the protector of his cousin, Alfonso of Naples. Neither was he keen on having the king of France across the straits of Messina, nor did he look kindly on the expropriation of his family.

Bottom line, something needed to be done.

All the parties involved, Milan, Venice, the Pope, the Spanish monarchs and Maximilian sent their negotiators to talks in Venice. On March 31st, 1495 they all signed an agreement that would become known as the Holy League. The parties agreed once again a peace for 25 years and a commitment to mutual defence of Italy where each party pledged a fixed contingent of soldiers and guns.

When Maximilian’s envoys signed on the dotted line they are unlikely to have known that they had signed the death warrant of the idea of the universal empire and that they have brought in a new political model for Europe, a model that lasted until the 20th century and that became known as the balance of powers.

The Holy League was not the first league ever established, nor was it the first treaty am emperor had signed. It was in fact in that same city, in Venice, that emperor Barbarossa had signed one of the most famous of medieval peace treaties, the treaty of Venice in 1177.

But this is the very first time that the emperor joined a league as an equal member. Despite the military and economic near irrelevance of the imperial title, there was still some of the reverence for the Caesars of antiquity left. When emperor Karl IV came to Paris to negotiate with King Charles V in 1377, the king recognised the seniority of the emperor, even though the power balance had long shifted in favour of the French.

But right on that day, the 31st of March 1495, this reverence fell away. From now on the empire is no longer the shadow of the ancient roman Empire, but the Holy Roman Empire of the German Nation, an odd name for a state no different in standing to any other monarchy in Europe. Whatever Maximilian may believe to the contrary.

Military action began immediately. The Spanish crossed the straits of Messina and engaged the French forces in Naples. Venice took cities and harbours on the Adriatic coast of southern Italy. Venice and Milan gathered their forces to block Charles’ progress.

Suddenly holding Naples and finding new ingenious ways of bullying the Italians was no longer the question for Charles VIII, the question was, how am I going to get home? The king of France was trapped at the bottom of the boot of Italy. The Western mediterranean was teeming with enemy ships. The only route was on land. Charles VIII scrambled his forces and set off for home. He left behind just a small army, mainly Swiss mercenaries, which withdrew back home within a few months.

Charles VIII’ way up involved a lot less of parading with flying banners and grand receptions than his way down. Towns and castles that had welcomed him a year earlier now closed its gates. He faced an army made up of Milanese, Mantovan and Venetian troops when he crossed the Apennines. The battle at Fornovo in July 1495 was a draw in purely tactical terms, but in strategic terms a French victory, since Charles could continue on his way home. Ludovico il Moro changed sides once more and allowed the French to pass and by the end of August Charles was safely back home. His daring dash for Naples had been a complete failure. His conquests were lost as quickly as he had gained them and all of Italy had united against him. Charles VIII died in 1498 without making another attempt on the riches of Italy. But this is not going to be the last time the French would descend down the peninsula..

Ludovico Il Moro 

That is all well and good, but what about our man Maximilian. He was a member of the Holy League, he had promised to send an army. Where was he in all that.

Well, the reason he had not come down was once more the issue of money and soldiers. Maximilian’s pockets were empty as always. But this time, he was confident the Imperial princes would rally to his side and pay for the army he needed. After all, the campaign of Charles VIII was so obviously a foreign invasion of the empire, they could not stand aside.

On November 24, 1494 Maximilian had called an imperial diet in Worms to take place on the 2nd of February 1495. This was ample enough time for Maximilian to negotiate with the princes in advance so that the diet only had only to rubber stamp the raising of an imperial army. Note that the Holy League was only concluded on March 31st that’s two months later and Charles arrived in Fornovo in July. In other words, if all had gone to plan, Maximilian could have brought down an army well in time that, combined with Venetian and Milanese forces would have outnumbered the fleeing and demoralised French 2 to 1. The king of France, as the diplomat Philippe de Commines noted, would have never seen Paris again….and oh mei, would the Renaissance have taken a different turn.

But the diet of Worms did not develop necessarily to Maximilian’s advantage. He got stuck in negotiations with the princes for 14 weeks, leaving it far too late to raise an army and capture the French king. What exactly they debated so ferociously in Worms is what we will discuss next week. But for today, we will discuss the other event triggered by the Italian war of Charles VIII that shaped European history.

Whilst Maximilian was ranting and raging about Charles’ infringement of largely theoretical imperial rights in Italy, the major European monarch who was most affected by the invasion was Ferdinand of Aragon and by extension his wife Isabella and their children and heirs. The target of Charles’ ambitions, Naples, was part of the Aragonese empire. A French takeover of Naples, combined with a close alliance with Pisa and Genoa would have pushed the traders of Barcelona, Valencia, Palermo and Palma de Mallorca out of the lucrative trade across the western Mediterranean.

Hence Ferdinand was one of the people pushing hardest for the establishment of the Holy League. But he had no illusions about the longevity of such an arrangement. What he was looking for was a more permanent support in his conflict with France.

The pope, Alexander VI, aka Roderigo Borgia, had been born his subject and saw the Spanish as a great way to counterbalance the French. He had granted the title of most Catholic Monarchs to the rulers of Spain and appeared generally supportive. But how long would that last in the maelstrom of papal politics plus, the next pope may take a different stance..

As for the other Italian states, neither of them had much of a reputation for loyalty either. Ludovico il Moro had changed sides four times in 18 months, Florence had gone mental and Venice was a republic where a new doge or a change in the majority in the Great Council could make the Serenissima alter course.

Against all odds, in the eyes of Ferdinand, the constantly broke Maximilian was the only valuable and reliable ally in his struggle with France. Ferdinand and Maximilian were both weary of potential French hegemony over europe and they both tried to convert the Holy League from a defensive alliance into a tool to extinguish the Valois state.

The two sides, obviously also involving Ferdinand’s wife and co-ruler Isabella of Castile, had been negotiating closer alliances and marriages for years already. The initial idea was for Maximilian to marry a Spanish princess, but when Charles VIII rejected Maximilian’s daughter Margarete a new, even closer connection could be contemplated.

A double wedding between Margarete and Juan, the heir to the Spanish crown and between Philip the Handsome and their daughter Juana was Ferdinand’s proposal. Maximilian was actually quite hesitant about this idea. At this point, and as it ended up being the case, he only had two legitimate children, Philip and Margarete. There were no other Habsburgs left either. Hence if Philip were to die without offspring, the entire Habsburg-Burgundian inheritance would go to Spain. On the other hand, if Juan of Spain died without offspring, the kingdom would be contested. Juana had an older sister, Isabella, who had been promised to Portugal since she had been 10 years old and, after some complex back and forth, married king Manuel of Portugal. Manuel nicknamed “the Fortunate” was Portugal’s most fortunate king. During his rule the Portuguese sailors rounded the cape of Good hope and opened up a direct route to the spice markets of India and Indonesia and even further to China and Japan. Manuel was immensely wealthy, competent, close by and the husband of the older sister. No question, if Isabella’s son with Manuel had survived, the Spanish crown would have gone to him, not the handsome Burgundian duke.

Philip the Handsome and Juana

And there was also a younger sister, catherine, married to prince Arthur of England and upon the young man’s death, became the wife of, yes, our most gracious king Henry VIII. And again, England was closer to Spain than Austria.

In other words, it was a lopsided deal. From Maximilian’s perspective, there were other marriage options in the east, specifically with Wladislaw of Bohemia and Hungary that had much better odds.

But when Charles VIII entered Italy, the calculation shifted. Even though Maximilian would have liked to head east and gain eternal glory as the slayer of the Turks, he also really, really hated and feared the French. And if he wanted the French contained, the Spanish wedding was a way to tie the two powers, Habsburg and Spain closer together.

Hence Maximilian I most reluctantly consented to the second of the three marriages that catapulted Habsburg form a senior member of the Holy Roman Empire with a vastly inflated ego into a European hegemonial power. Imagine Maximilian had said no, and Ferdinand had married Juana to his second best option, the son of Henry VII. The cathedrals of England would still be pregnant with the smell of popery…

On this bombshell we will end. Next week we will dive deep into the Council of Worms in 1495 and the debate about imperial reform. I hope you will join us again.

And if you feel that what you heard has added to your store of snippets to liven up dinner party conversations, remember that this show is run on the goodwill of patrons who kindly support the show. And if you want to do that too, go to historyofthegermans.com/support where you will be overwhelmed with offers to earn the gratitude of your fellow listeners.

The Recovery of Tyrol and Austria

Ep. 221: Maximilian I (1493-1519) – Taking Back Austria and Tyrol History of the Germans

Transcript

Hello and welcome to the History of the Germans: Episode 221 – Taking Back Control

After 13 years of fighting in the Low Countries, Maximilian, the newly elected king of the Roman, returns home to a rammed full inbox. There is his cousin, the dissolute count Sigismund of Tyrol who is about to sell out the family fortune to the dukes of Bavaria. The king of Hungary is still occupying Vienna – and there is a new heiress out on the market, Anne of Brittanny.

Some of the issues he tackles together with his now seriously elderly father, the emperor Friedrich III, others are very much his own tasks. In the process Friedrich creates a structurally new political entity, the Swabian League, Maximilian builds a relationship with Jakob Fugger, the money man who will grease the cogs of the Habsburg empire, and once again they fight, one battle after another.

And despite tremendous success, this period from 1489 to 1493, ends with some epic humiliation, not in war, but in love. “No man on earth has ever been disgraced as I have been at the hands of the French” is how he summarised it.

Come along and watch as the plot thickens.

But before we start, let me just mention that once again one of us is taking part in University challenge, the UK version of Quiz Bowl. Being selected to represent your school in this tournament is the highest honor a true nerd can aspire to. So congratulations to fellow listener Kai Madgewick who skillfully captained the Manchester team into the quarter finals. If you want to watch them, you can do that on the BBC iPlayer.

And if you feel like supporting other great nerdy talents by ensuring the continued availability of the “gold standard in German history podcasts” as Google’s Gemini dubs his show, you can do that by signing up as a patron on historyofthegermans.com/support. And thanks a lot to Michael W (D), Sergio R-P, Carlo B., Paul V. and Fiona S. who have who have already done so.

And with that, back to the show…

Recap

Last week we brought the epic story of the war over the Burgundian succession to its end. 15 years of strife left the Low Countries a burnt husk of their former splendor. Maximilian may have won the war on points, but did not leave unscathed.

When he returned to the empire for good, in 1489, he had just turned 31. He had fought the French and unruly cities for most of his formative years and had concluded that his dynasty was in a war for its survival with the French crown and its allies. This was not a medieval war over honor, faith or territory, but a more modern phenomena where either side tried to wipe the other from the face of the earth. And he had learned that such a war could not be fought with a levy of sworn vassals, but required a modern army with disciplined infantry and artillery. At the time such armies were only available as mercenary forces offered and operated by war entrepreneurs whose only loyalty was to their purse. Money was at the heart of war now and money was also Maximilian’s Achilles heel.

At the time Maximilian got engaged to Marie of Burgundy, Dr. Georg Hessler the Austrian negotiator of the marriage contract, wrote back to Wiener Neustadt that the Low Countries alone could throw up 1.2 million gulden per year. After a decade and a half of war, that number had dropped to maybe 200,000, most of which went on debt repayments.

The duchies of Austria, Styria and Carinthia were almost entirely occupied by the Hungarian king Matthias Corvinus, hence there was no revenue to be collected there. The empire itself produced barely 20,000 gulden.

Compare that to Maximilian’s arch enemy, the King of France who collected 4 to 6 million gulden per year in taxes and other revenues.

The Tirolean Inheritance

That being said, the house of Habsburg was not entirely without resources. There was one member who literally sat on a silver mine, good old uncle Sigismund of Tirol.

He is a man who needs no introduction, having made his first appearance 27 episodes ago in #194 The Fuggers of Augsburg. This prince as morally bankrupt as he was intellectually impoverished limped along on well and truly his last leg. He was now sixty years old and had run out of possessions he could sell off or mortgage. For forty years he had focused on creating an equal number of illegitimate children, frantically building luxurious castles and pleasure palaces and fighting pointless wars. The last of these was a totally avoidable clash with the Republic of Venice, which comprehensively ruined him even though he had actually won.

To fund his debauched pastimes, he had relied heavily on his friend, duke Albrecht IV of Bayern-Munich. Albrecht had bribed senior members of Sigismund’s entourage and gained an almost complete hold over the increasingly doddery count of Tirol. If you remember episode 197, duke Albrecht’s grand plan was to reconsolidate the territory his ancestor the emperor Ludwig the Bavarian had brought together, and that included the Tirol. And being an excellent steward of his own lands, he had the coin to bankroll whatever madcap idea Sigismund came up with.

As security for these loans, Sigismund mortgaged his lands, first the county of Burgau, a number of courts and then for the risible sum of 50,000 gulden, the whole of Further Austria. When finally all the peripheral lands were pledged away, Albrecht offered the breathtaking sum of 1 million gulden for the whole of Sigismund’s lands, with a clause requiring Sigismund’s heirs to pay off the whole sum in one go before they could take posession.

What all that boiled down to was a full takeover of the Habsburg territory outside Austria itself. If Albrecht had been successful, the Wittelsbachs would have become as powerful, or even more powerful than the Habsburgs. The Tirol was not only immensely rich due to the often mentioned silver mines and the Brenner pass, but it was also strategically crucial. The Tyrol provided the essential land connection between Astria in the east and the ancestral lands on the upper Rhine and Burgundy. If the Wittelsbach could drive a wedge between the two Habsburg territories, the power balance would tilt permanently in their favor. Munich, not Vienna would have become the imperial capital.

This process of gradual encroachment into the Tyrol and further Austria had begun in the 1470s. Albrecht was a patient and prudent player of the game. But still he made a bad mistake. In 1486, around the same time the freshly crowned king of the Romans, Maximilian was showing off the magnificence of the Low Countries to his father, Albrecht bailed out the bankrupt free city of Regensburg and incorporated it into his duchy. He may have thought this was the least offensive thing he had done to the Habsburgs, but Regensburg would become the sweet mustard his enemies will drown him in.

Talking about offending the emperor, Albrecht really knocked it out of the park in 1487. As a frequent visitor to Sigismund’s court in Innsbruck, he was introduced to Maximilian’s sister Kunigunde. Somehow the Bavarian accountant Albrecht burned up in passion for the smart and independent Kunigunde. When he asked her father for her hand in marriage, the emperor Friedrich III had initially been positive. Kunigunde was the Apple of his eye, but on the other hand an alliance with this ambitious and well regarded prince may come in handy one day.

That changed when Friedrich heard about the incorporation of Regensburg into Bavaria. Friedrich had a thing about the rights of the emperor, and removing a free and imperial city from his control was not on. He sent a letter to cousin Sigismund telling him to cancel all negotiations with Albrecht. Albrecht was undeterred and bribed Sigismund’s chancellors to forge this letter into one where Friedrich was gracefully consenting to the marriage. Kunigunde, already smitten by the Bavarian’s charm, was delighted by her father’s consent, and on January 13, 1487 uttered an enthusiastic “yes” in the court chapel of Innsbruck.

Now that was the end of the line. Friedrich III issued an imperial order to unwind all the various transactions with the Wittelsbachs, return the lands to the family fortune and asked Sigismund to dismiss his corrupt councilors. The estates of Tyrol very much agreed with Friedrich III and called a meeting in Hall in August 1487. The hapless Sigismund was confronted with a hostile crowd that accused him of causing unnecessary strife with the emperor, disrespecting his wife and tyranny. He was graciously permitted to accept a sort of temporary retirement, where he handed over the management of his lands to the estates, who in turn would pay his debts and release his property from the Wittelsbachs. All Sigismund asked for was a generous endowment for his misbegetting of bastards. After that was granted, though never paid, Sigismund the desolate count of Tyrol shuffled off the political stage. He abdicated formally in 1490 and Tyrol passed on to Maximilian who made Innsbruck his capital.

Sigismund died a few years later. His last wish was to bathe his hands one last time in buckets of coins to remind him of his nickname, der Münzreiche, he who is rich in coin. But by then he was so poor, he had to borrow the buckets from a local money man.

But that was not the end of this. All these pledged territories had already been handed over to the Bavarians, as was the custom with such credit arrangements. The two Wittelsbach dukes, Albrecht of Bavaria-Munich and his cousin, Georg of Bavaria-Landshut had no intention to hand back all the territorial gains they had made over the previous decades, and hence give up their political ambitions, not even the city of Regensburg.

If the Bavarian dukes had to be forced, the natural tool in Friedrich’s hand would have been the imperial ban followed by a request to the imperial diet to fund the military force needed to execute the ban. But the imperial diet was not a real option at this point. The coronation of Maximilian had kicked off the process of imperial reform for good, and any support from the imperial princes would have required wide reaching concessions from the emperor, something Friedrich III was not prepared to consider.

If they could not pursue it as an imperial action, what about funding their own army using the tons and tons of silver that came out of the mines of Schwaz?

Well, that wasn’t so easy. The way the mining business worked in the 15th century was as follows: The princes owned the silver in the ground as part of the regalia. But they usually lacked the money and the expertise to dig it up. So they granted a license to entrepreneurs who would do all the hard work. Under the terms of the licence the entrepreneur would be required to sell the silver at say 5 gulden when the market value was 10 to 12 gulden. The prince could theoretically sell the silver at market, but they rarely did. They were often so far in debt, they needed money right away, so bankers, like the Fuggers or Gossembrot would offer the prince 8 gulden in advance. This delta, between 5 and 8 gulden, or effectively 25% of the total value of the silver came to the prince, the rest, 45% went to the mining entrepreneur and 30% to the banker.

Sigismund managed to get himself so deep into debt, he pledged the bankers not just the right to buy the silver at 8 gulden, but even the 3 gulden he would normally take home.

Friedrich III and Maximilian had two options. They could cancel Sigismund’s agreements with the bankers, default on the old man’s loans and take the silver and sell it on the open market. That should theoretically bring hundreds of thousands of guldens to the princely purse.

But here is the rub. Who would buy the silver ore? The only people who owned smelters to extract the silver from the ore, were other bankers who had close commercial links across the industry. And they knew that if they took the silver ore, it was only a question of time before the Habsburgs would come to them for a loan and then some other banker would play the same trick on them. So they would politely decline. You do not think that is how that works? Well, just read up about Dan Gertler and his dealings in the Congo, and please use a sensible publication, not the bots.

Plus there was a whole rats’ tale of logistical issues, such as where to find the transport for the ore when all the carts are owned by the bankers, who also maintained the roads etc., etc.,,, And you still need the mining entrepreneurs who themselves had borrowed from the bankers and could be cut off from credit.

The biggest banker to Sigismund in 1487 was none other than Jakob Fugger. His consortium had lent 150,000 gulden, secured on silver from Schwaz. When they saw Sigismund’s fate going down, they opened up lines of communication with Maximilian. Maximilian understood that he was in a bind and acknowledged the claims of the Augsburg bankers. But it would still be a while before they started lending at scale to the man who would become their most famous client.

In other words, Maximilian and Friedrich III may now have princely control over two of the richest lands in Europe, the Low Countries and the Tyrol, but they still had no money and a war to fight. How?

The solution to this problem materialised in the form of the Schwäbischer Bund, the Swabian League. We have encountered these leagues and associations already several times before. There was the Rhenish league that tried to clean up the robber barons on the Rhine, theLeague of Constance fighting Charles the Bold and the most famous and most enduring one, which was of course the Hanse. The Hanse by the way never called itself the Hanseatic League, because as you may remember, under the Golden Bull the free cities of the empire were prohibited from forming such leagues. Nevertheless they appeared regularly throughout the 14th, 15, and 16th century as pressure from the territorial princes mounted.

Apart from cities clubbing together to fend off rapacious territorial lords, there were also the associations of imperial knights and counts. These members of the lower and middling aristocracy had the same problem with overbearing dukes and electors, who were bringing more and more of their class under their direct vassalage. The most famous of these associations of knights was the society of the Shield of St. George that had been around on and off since 1406.

Both city leagues and knightly associations were usually temporary alliances with modest, if any organisational structure.

This new one, the Swabian League that Friedrich III created in 1488, was quite different. Firstly, it was an imperial top down initiative, not a bottom-up one led by knights or cities. Then it brought together two normally not very aligned groups, the cities and the knights. And, it had actual institutions, the league council and the foremen of the league. The council was the main decision making body and comprised 18 to 21 elected councillors. Day to day management of the league was in the hands of the foremen, the Bundeshauptleute – German words always twice as long and thrice as precise. And finally there was a court of the league to adjudicate disputes between league members.

Another major innovation was that the councillors took decisions by majority and they were binding on all members. If you remember, the Hansetag, itself a very important institution, did not have either majority voting nor was it binding on the member cities, unless the council had instructed its representative explicitly to commit them to a particular course of action.

In the Swabian League, if the councillors decided to go to war, the league went to war. Moreover, the league had gone with the times deployed trained mercenary armies, rather than a motley assortment of diverse contingents sent by individual members. The cost of the professional army was borne by members in proportion to their perceived military and economic strength.

A nod to the old world was that the institutions were split in two and later into three. There was a bench for the 20 Swabian cities, who would send one foreman and 9 councillors and a bench for the 450plus  knights, who would again send one foreman and 9 councillors.

And the league had associated members, namely the Counts of Wuerttemberg, the margrave of Baden, the archbishops of Mainz and Trier, the margraves of Ansbach and the count of Tyrol, who was technically still Sigismund, but in reality first the estates and then the Habsburgs. These associated princes were – at least initially – not full members and hence excluded from the decision making process. They were later integrated, but formed just one of the three branches, carrying the same weight as either the cities or the knights. 

Which begs the question, why would any of the participants be willing to hand over their freedoms to such a rigid institutional structure. This again was a sign of the changing times. As we pointed out in episode 197, the success of the Bavarian dukes, first Ludwig of Bavaria-Landshut and then Albrecht IV of Bavaria-Munich lay in their ability to provide the basic services of the state, peace and justice. Keeping the roads free of brigands, punishing wrongdoers and building the occasional bridge or road did wonders to the willingness of subjects to pay taxes. And that is what their neighbours in the old stem duchy of Swabia noticed and they wanted a piece of it. In fact Albrecht of Bavaria -Munich was the one who set up the first, much more loosely structured league that maintained peace and justice across most of what is now southern Germany.

But by 1488 that league had broken down, in part because of Albrecht’s cousin Georg’s rudeness, but also because the ambition of the Wittelsbachs to become the new dominant power in the empire had become apparent. When Albrecht took over Regensburg, all the free cities in the region and the counts and imperial knights knew that they had only two choices, club together and retain at least part of your autonomy, or be swallowed up by the House of Wittelsbach. That is why they came.

The Swabian League would last up until 1534 and it was a participant in much of what we will discuss in the upcoming episodes.

When the Swabian league was formed in January 1488, all its members were ready and rearing to have a go at the Wittelsbachs. But the war against Bavaria had to be postponed since – as we know – at that exact point in time Maximilian was made a prisoner by the mob in Bruges and Friedrich III had to go north the free his son.

But by 1489 the two monarchs of the empire were both in Tyrol and got to work. The Swabian league mustered an army to regain the lands that Sigismund had passed on to the Wittelsbachs. His cousin Georg caved almost immediately and handed over what he had gained and paid a fine of 36,000 gulden. Albrecht was more persistent. He refused to hand over Regensburg, even tried to hold on to Further Austria, plus he insisted that his wife Kunigunde, the sister of Maximilian, had a claim on Sigismund’s inheritance.

The league members were keen on a fight, the emperor was insisting on the return of Regensburg, two of Albrecht’s younger brothers rebelled, and even an association of Bavarian knights declared a feud against their duke. The only one who did not want all-out war against his brother-in-law was Maximilian.

Maximilian was more interested in a peaceful resolution so that he could go after king Matthias of Hungary who was still sitting pretty in Vienna. The Bavarian drole de guerre persisted until 1492 when Albrecht under pressure from all sides and in view of a League army of 20,000 finally caved. He kept his duchy, Regensburg remained a free imperial city until 1803, and the Wittelsbach’s grand ambitions were smashed.

And lady fortune smiled once again on Maximilian and Friedrich III. Matthias Corvinus, had died on April 6, 1490. And what was even better, he had died without leaving a legitimate male heir. He had an illegitimate son, John, who he had hoped he could get the emperor Friedrich III to legitimise. But that never happened. John never took the Hungarian throne.

Meaning that when Matthias Hunyadi unexpectedly disappeared, the kingdom of Hungary found itself without a king. And without a king, even the worlds most expensive army is vulnerable. Maximilian realised the opportunity, convinced the estates of Tyrol to fund an army of Landsknechte and by the autumn his forces stood before Vienna. Resistance was only sporadic and he took the capital, then rushed after the retreating Hungarians into Styria, entered Hungary December 1490. He besieged and plundered the coronation city that I am afraid I cannot pronounce and moved on to Buda. But that is where the momentum stalled. As always, the money had run out and he could no longer pay his men. The winter had turned out to be extremely hard, supplies could not come down the frozen Danube and the local population enraged by the plundering hordes of mercenaries had grown hostile.

Maximilian withdrew to Austria to a hero’s welcome. Meanwhile the Hungarian magnates had chosen a new king, Wladislaw Jagiello, the man who was already king of Bohemia and whose father, Kasimir IV was king of Poland and Grand Duke of Lithuania. Within a century the descendants of Jogaila, the pagan ruler of Lithuania we met in the season on the Teutonic knights, had become a dynasty that ruled a vast landmass from the Black Sea to the Baltic.  

Wladislaw, the new king of Hungary and Bohemia was however not the most impressive scion of the family. He was famous for saying well, well to anything his council of senior lords suggested and the Hungarian nobles joke that he was their king, but they were his lord and master.

Wladislaw, or more precisely the Hungarian lords were willing to make peace. Maximilian acknowledged Wladislaw as king of Hungary, but retained the right to call himself king of Hungary. They signed a treaty of friendship and for the nth time, a Habsburg signed a compact of mutual inheritance rights. Should one of them , aka Wladislaw or Maximilian die without male offspring, the other’s descendant would inherit everything. We are nearly there, only one more contract to go before the Habsburgs can take the Bohemian and Hungarian crowns for real.

To sum it up, that was some major achievement. Maximilian had regained and consolidated all the Habsburg possessions in one hand for the first time in centuries and he has added the Low Countries.

All that is true, but still, the winter of 1490 saw our hero seething with anger. Whilst he had been fighting out there in Hungary, the king of France had humiliated him in front of all of Europe. It is these pesky Frenchmen again. You can understand why he really did not like them.

When Maximilian left the Low Countries in 1489, the war against the cities and against France was not over by any measure. The fighting would go on for another three years. The reason we lost track of that is simply that Maximilian had passed on responsibility for that war to Albrecht of Saxony, an imperial prince and war entrepreneur.

The Low countries were however not the only theatre of this war. When he was mustering his army to go into Hungary, he had pondered an attack on the Franche Come and on Burgundy as an alternative. This was part of his grand plan. You see, Albrecht of Bavaria was not the only one with a grand plan, Maximilian had one too, just grander and more ambitious than his brother-in-law in Munich. But, as the great philosopher Mike Tyson so astutely observed, “everyone has a plan, until the get punched in the face”.

Maximilian’s grand plan was to completely encircle the French king and then gradually squeeze him into submission. To do that he had been building alliances for more than a decade now. He had established close links to the Spanish monarchs, Ferdinand of Aragon and Isabella of Castile. His relationship with the Tudor king Henry VII of England was wobbly given his clear Yorkist sympathies, but for now the interest of the two kings were sufficiently aligned to work together. The third main player in this game was the duke of Brittanny. Britanny at this point was an independent duchy in the North Western corner of France, quite a lot larger than modern day region of Bretagne. Throughout the Hundred Year’s war, Brittany with its Atlantic ports in St. Malo, Brest, Lorient and Nantes had been an important bridgehead for the English and an on and off ally of Burgundy. Maxmilian had inherited this relationship and duke Francois II of Burgundy had been a major supporter in the war against Louis XI and Charles VIII.

In 1488, just when Maximilian was locked up in Bruges, duke Francois first lost a decisive battle against the French and then fell off a horse and died. He left behind a daughter, Anne of Britanny, 12 years old and now suddenly the most desirable heiress in Europe. 

And who was the man who desired her most, if not the master of dynastic marriages, the great heiress whisperer, Maximilian of Habsburg. He was not only after a chunky piece of real estate, he was after this specific piece of real estate, as it opened up the chance to fight France on three fronts.

Little Anne was quite excited about Maximilian’s interest, already seeing herself crowned empress by the pope in front of an admiring crowd in St. Peter. Had she listened to the History of the Germans Podcast, she might have thought about that differently.

Maximilian had one advantage over his many rivals, and specifically Charles VIII of France, he was free and single. Charles was – and I am sure you have forgotten about that, because so did I – but Charles was still, despite all the things that had happened in the meantime, engaged to Maximilian’s only daughter Margaret. Margaret had been dispatched, kidnapped, stolen, whatever you want to call it by the French after the peace of Arras in 1482. Margaret had come with an impressive dowry of cities and territories on the western edge of Burgundy. And she had grown up at the French court as the future queen and allegedly content to spend her life with the by no means attractive Charles VIII. Therefore the French party could not offer a crown to little Anne, only marriage to some cousin of the king.

Hence, when Maximilian sent his embassy to negotiate a potential betrothal, his men were well received. Discussions were as always protracted, but in the end little Anne and the imperial faction at her court made up their mind. She liked the crown, and they believed Maximilian’s promise that the army he was gathering with Tyrolian silver right now was going west to protect her and her lands against French incursions.

All was arranged, and Maximilian’s friend the handsome Polheim married little Anne by proxy. Once again a princess spent the night with a man who was not her husband with the lights on and a sword between them.

When Maximilian received the news that down in Brittany everything was ship shape and Bristol fashion, he concluded that he could now take his army to Vienna and leave little Anne for later.

But then, news travel in both directions. Little Anne, who happened to be very young, but not very thick, realised that she was not her suitor’s #1 priority. And Charles VIII realised that his #1 issue wasn’t the dowry of little Margaret, but the risk of an imperial Brittany armed to the teeth in his back.  

Charles mustered his forces and set out for Britanny. He knew that nobody would stop him. The Spaniards, Ferdinand and Isabella were busy conquering Grenada, the English did not trust Maximilian, and Maximilian’s army was fighting in Hungary a thousand miles away.

The French took one castle after another and by the autumn of 1491 they stood before Anne’s capital in Rennes.

Anne, abandoned by everybody and at risk of loosing her land, agreed to meet Charles VIII. The two of them had a long chat, at the end of which they agreed terms. A few days later they met again, this time in the chapel of the castle of Rennes where they announced their engagement. You can only imagine the expression on the face of the handsome Polheim, who had only weeks earlier had spent a night with the duchess and had been convinced that he had gotten his boss married. And that marriage should still be valid, since only a papal dispensation could dissolve such a union.

Dispensation or not, Anen of Britanny married king Charles VIII of France on December 6, 1491, her second king husband, but not her last.

Maximilian was apoplectic. He was humiliated, not only because Charles had married who he believed was already his wife, but also because the Frenchman had discarded his daughter Margaret, his fiancée for almost a decade. Maximilian’s hatred for the French deepened even further, if that was at all possible. He told everyone that “No man on earth has ever been disgraced as he had been at the hands of the French”. For the rest of his life he kept a little red book where he noted all the hideous crimes the Valois had committed against him.

Then Maximilian did what a mighty lord had to do in this situation. He once again declared war on France.  To do that, he once again needed an army. This time he tried to garner support by stirring up public opinion against the French. He had flyers printed shouting that the bride of the King of the Romans had been abducted – and that the honour of the empire was at stake. This attempt at propaganda did however not stick. When he asked the imperial princes for help, he received not just the usual, njet, but howls of laughter as they recounted the circumstances of his dishonour.

In the end he gathered mercenaries funded by loans backed by Tyrolian silver and at least conquered the Franche Comte. His forces did however not stretch to a conquest of the duchy of Burgundy, because once again, the money ran out. I guess you see the pattern now..

In 1493 the two sides finally came to agree a peace. Charles gave up the Franche Comte, returned Margaret and most of her dowry and recognised Philip the handsome as the heir of Burgundy. In return Maximilian acknowledged Charles and Anne’s marriage, even procured a papal dispensation.

The whole affair was so embarrassing that all documents relating to the marriage of Maximilian and Anne were destroyed. The only trace that prove it ever happened, was a receipt for 13 gold coins that the handsome Polheim had donated to the cathedral of Rennes on the occasion of the blessing of the union between Anne and Maximilian.

This war with France was finally over, the Habsburg lands were reunited in one hand. It is time for peace and reconstruction…maybe for others, not for Maximilian. For Maximilian war was not a way to reach a solution, war was the solution. So the next set of wars is just round the corner, but not now, next week.

And if you happen to have some silver that has gone up by a cool 150% in 2025, why not put some of it to good use – not hiring mercenaries – rather ensuring this show remains independent and advertising free. You know where to go and you know what to do…