Italy united against Frederick Barbarossa

This week we will talk about the second part of the pincer movement that brought that Hohenstaufen construct of imperial power crashing down to earth. The first was the schism in the Latin church and the second was the link-up of almost all northern Italian communes in a coalition against Barbarossa, the Lombard League.

Transcript

Hello and welcome to the History of the Germans – The Lombard League

This week we will talk about the second part of the pincer movement that brought that Hohenstaufen construct of imperial power crashing down to earth. The first was the schism in the Latin church and the second was the link-up of almost all northern Italian communes in a coalition against Barbarossa, the Lombard League.

Before we start just a reminder. 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 Frank, Rita and Alexander who have already signed up.

And there are another two housekeeping issues. First, I have a slot at the Intelligentspeech conference on June 25th where I will talk about Crossing the Alps, the German’s relationship with Italy. Many of the things we discuss right now will feature there but also the 18th century longing for “land where the lemons bloom” as well as the nationalist narratives of the 19th and 20th centuries that still have repercussions into modern politics, specifically the Sovereign Debt crisis of 2012. There will be lots more amazing podcasters to listen to so get in there. Jamie Jeffers from the Britsh History Podcast is our star turn. The conference is fully online. Early bird tickets cost $20 and you get 10% discount using the offer code “Germans”.

The other thing I wanted to tell you about is that I am revamping the Website historyofthegermans.com. There will now be episode pages with the transcript and maps and images to help you follow along. The idea is that you can listen to the podcast and read along with the transcript and when we talk geography a map will show up, when I talk about some church or castle, an image comes up etc. Check it out and leave a comment, even if you think this was not that helpful. It is quite a bit of work and if it isn’t great, then I rather spend my podcast time on something else.

Enough of this, let’s start the show.

Last week we talked about the schism and the catastrophic loss of the army in Rome in the summer of 1167. I did mention that during the time the schism was escalating, Northern Italy had gradually gone into open revolt. To trace these development we go back to the exact same spot where last episode started, the year 1162, when Barbarossa stands in the smouldering ruins of Milan, the city he had ordered to be destroyed and its population to be expelled.

The “chessboard” of Italian citiy alliances before 1162 – pro-Milanese black and anti-Milanese red

After all that military gore and glory our great ruler had to sit down to the boring drudgery of  building a sustainable administration. This administration was to implement the laws of Roncaglia. The laws that had been modelled on the Roman Law of the Byzantine Empire. The Byzantine had a professional civil service, an elaborate system of tax assessment and a fair judiciary.

That was something Barbarossa and his advisers had never seen before.. The only monarchy that had something approximating an administrative infrastructure with regular tax income, functionaries reporting to the ruler and central oversight was England. Roland von Dassel had been to England recently but if he had shown an interest in this sophisticated system, it did not impact the setup for the Kingdom of Italy.

The Justinian code itself was also less than useful. It is all good to say that the emperor is the source of all laws, that judges appointed by the ruler adjudicate on his behalf and that taxes can be raised at will. What the codex did not say was that these powers were unlimited only in theory. Even the all powerful Roman emperors had to restrain their lawmaking to things the population could swallow, had to provide justice that was fair in the vast majority of cases and raise taxes equitably. There  should have been a manual, but there wasn’t. Knowledge of the limits of absolute power had been handed down from emperor to emperor and administration to administration. For Barbarossa and his advisors this was unknown territory. They were like teenagers who have been given a drone to play with. Yes they understand how to get the thing in the air but they have no idea how to fly them.

So they made it up as they went along.

Barbarossa’s government had three main elements. The first were the consuls and Podestas of the cities. Some of them were elected by the citizens and the approved by the emperor, that was the case in places like Lodi, Cremona and Pavia, all trusted allies. On the other side of the equation were the former enemies, most prominently Milan where the podesta was an appointed dictator, usually one of Barbarossa’s close advisors. Then there were variations on the theme like Ravenna, where the imperial envoy would lead the election process when in town but otherwise they were free.. And finally there were the maritime republics of Genoa and Pisa that were so powerful that the administration operated without any imperial interference.

The other institution were the imperial legates. This concept was borrowed from the system of papal legates who have acted as very effective representatives of the Pope since the early days of the Church reform.

There were two kinds of legates, the general legate and legates sent for specific tasks.

The general legate was supposed to represent the emperor, hold court, mediate between hostile parties or cities, impose penalties, invest consuls and podestas and receive oaths of allegiance. The general legate or legate for Italy was effectively a sort of viceroy who exercised the entire authority of the emperor. When Barbarossa went home to Germany in 1163, none other than Rainald von Dassel became the viceroy of Italy. Other legates were sent to deliver specific objectives like collect the Fodrum from reluctant cities or raise soldiers. Sometimes the legate was also made the podesta.

An imperial legate taking oaths from Italian cities (a little later from Sercambi’s History of Lucca

And then we have another function, the Vicarius or imperial vicar. His job was to be the head of the judiciary, in particular act as the imperial court of appeal.

Even a cursory look at this structure tells you that there were huge problems with it. The job of Vicarius and general legate have a lot of overlap to start with.

Then there is the inconsistency of imperial influence in the government of the individual cities that would make many feel hard done by. But what really undermined confidence in this imperial administration is the application of the tax laws.

In Roncaglia the Four Great Doctors of law had produced a comprehensive list of all the imperial regalia in each of the cities. That should have been a good start for a reasonably equitable execution of the rights. Most of these regalia had been pre-existing, hence the citizens were used to pay them. The only difference would have been that instead of the funds going to the bishop or the city oligarchy, they would be sent to the imperial legate.

But as you remember, the laws of Roncaglia had another set of provisions, one being the “Lex Tributum”. That asserted the right to levy a poll tax on both  individuals and property. From 1162 the  imperial Podestas gradually introduced these kinds of taxes..

Taxes are always unpopular, in particular newly introduced taxes. And these poll taxes were new in many territories where they would now be applied. The other thing is that tax discipline is linked to whether people think taxes are equitable. Are they levied based on ability to pay, used for a common good and proportional. The taxes raised by imperial legates and podestas  between 1162 and 1167 were none of that.

To start with. Barbarossa did neither have nor did he commission the equivalent of a Doomsday book. He therefore had no idea of the money generation capacity of individual cities. Without that he could not determine who amongst his podestas was particularly egregious. The second element was that the taxation burden fell initially predominantly on the cities that had just been defeated, Milan, Brescia, Piacenza. As these demands weren’t a one-off reparation but seemed a permanent feature of imperial tax policy, these cities could not envisage a point in time where they could live with this new government.

Doomsday book is the record of the “Great Survey” of much of England and parts of Wales completed in 1086 by order of William the Conqueror. The survey’s main purpose was to determine what taxes had been owed during the reign of Edward the Confessor, thereby allowing William to reassert the rights of the Crown and assess where power lay after a wholesale redistribution of land following the Norman conquest

As for the level of taxation we have only biased and not very detailed accounts. Hence we cannot say for certain whether it was oppressive. It is however likely that taxation became excessive, maybe not right at the beginning, but certainly as time went by. And that had to do with a material change in the shape of the imperial army.

By 1162 Barbarossa had spent roughly half his reign in the South and the German princes had supplied him with knights and foot soldiers as they were obliged to under feudal law. We do not know what exactly these feudal obligations were, specifically how many and how often they can be called upon to send troops. But it is noticeable that after 1162 fewer and fewer of the great secular princes came down to Italy. Henry the Lion did not come along in 1167, nor did Henry Jasomirgott or Albrecht the Baer. And when they did, they may have asked for payment. We have one case in the 1175 campaign of a secular prince asking for a subsidy. Hence the German component of the army was predominantly made up of the contingents from the bishoprics and friends and family of Barbarossa. To make up for the shortfall Barbarossa now has to hire mercenaries. And those are expensive, in particular if the campaigns are prolonged.

Where is that cash to come from? Before 1167 Barbarossa’s personal landholdings were fairly modest. Revenues from the royal domain were also not huge based on the limited evidence available. Hence the funding needs had to be covered by the Italian communes. As time goes by  princes become ever more reluctant to die in Italy, leading to more need for mercenaries, which means more funding needs. Soon the tax collection and enforcement of regalia tightens, not just in Milan, Brescia and Piacenza, but everywhere, including the most loyal of loyals, Lodi, Pavia and Cremona.

Staufer family lands in red. The dark is the family owned lands, though most of it was held by Frederick v. Rothenburg until 1167

A rising burden of taxation is usually enough to upset people, but what makes them really, really angry is if the tax collectors are biased and corrupt. Again, all sources we have are from Italians who paid the taxes, but given how medieval notions of property work, it is likely the imperial podestas saw the city the administered as a fief. And as such they could squeeze it at will without breaking the honour code. They did have to send some of the money to the emperor, sure, but all the excess is theirs, right. It is a sign of the immaturity of this administrative system that there was no  accountability and oversight, and absent a register of wealth like the doomsday book, none could be established..

By tradition the oppressed cities had a right to appeal to the emperor and the princely court. But Barbarossa had de facto abolished this right to appeal. He made the vicarius and the legates the highest judges  in the land. There was no possibility to formally take the case further. Even when the citizens of Milan fell on their knees by the side of the road and demanded a hearing, he brushed them off and directed them to Rainald von Dassel.

There we are, new taxes, taxes that are constantly going up and tax collectors that fill their pockets by squeezing even harder and no recourse to imperial justice. In that scenario it was always unlikely that Milan, Brescia and Piacenza would ever become loyal vassals of the empire. These cities will forever dream of throwing off the imperial yoke and take revenge. But when this system gets extended to the loyal cities, they feel even more enraged. They had helped Barbarossa to defeat Milan and its allies, and now they are treated no better than their former foes.

What drives the nail in the coffin is that when uprisings begin, the legates have to grant privileges and exemptions to those cities who threaten to join the uprisings. As city A sees that city B gets relief from taxation for promising not to join city C in rebellion, then City A has all the incentives in the world to at least pretend to rebel. With more and more cities taken off the roster, the remaining ones, i.e., the defeated and the most loyal have to shoulder it all. That is when the powder keg explodes.

But I am jumping ahead. Let’s take it chronologically.

In November 1162 Barbarossa returns back to Germany. He leaves Rainald von Dassel as general legate for Italy behind. The cities of Piacenza, Brescia, Bergamo and Ferrara receive a German count as imperial podesta. The citizens of Milan have to live in a number of villages outside the now empty city are administrated by the bishop of Liege.

Lombardy again

Who was the most oppressive of these podestas is a bit of a tossup between the bishop of Liege and Arnold of Dorstadt who was put in charge of Piacenza. Von Dorstadt systematically plundered the finances of the city that was already struggling with paying back a massive loan taken from Pavia.  Piacenza finally bought off  their podesta with the staggering sum of 11,000 marks of silver. But even that was not enough and the great nobleman allegedly plundered the treasury of the church of Saint Antony on his way out. He seemed to have had pangs of guilt later in life and used his cash to fund the abbey of Dorstadt in his hometown..

The Bishop squeezed the Milanese hard, taking ¼ of all the tilled crops and 1/3 of all the nuts, chestnuts and hay one summer. On top of that he had them bring 100 carts of firewood to the imperial palace at Monza during an imperial visit where they were also made to erect a vast brand-new kitchen that’s supposedly cost 1,000 pounds.

Another key position went to Otto von Wittelsbach who had received the castle of Garda as his personal fief Garda sits on lake Garda and was once the prison for the empress Adelheid. But that was 200 years earlier. By 1162 Garda’s job was to keep an eye on the city of Verona and the Brenner pass.

The Castle of Garda

The Veronese, lukewarm in their allegiance to the empire at the best of times, took offence at having this daredevil fighter right on their doorstep. And in all likelihood old Otto did I am sure the odd spot of plundering and squeezing of merchants and peasants. So the Veronese, together with the citizens of Padua and Vicenza demanded an imperial hearing when Barbarossa had come back to Italy in the winter of 1163. Barbarossa may be able to ignore a rabble of defeated Milanese kneeling in the dirt before his carriage, but he could not quite ignore three major city states requesting an audience.

Some talks were held in Pavia, the bottom line of which was that Verona, Padua and Vicenza would get their day in court provided they accepted an imperial podesta. The imperial allies in Lodi, Cremona, Pavia etc. tried to convince their colleagues that this was nothing but a formality and that in their case the freely elected consuls were made podesta as a matter of course.

But Verona, Padua and Vicenza refused. They had found the guts to resist not just in the strength of their walls and a quick inspection of the rather modest number of soldiers the emperor had brought down with him. What stiffened their resolve was that they had received pledges of support from Venice and from none other than Emperor Manuel in Constantinople. Venice motivation to get involved was fairly simple to deduce. A coherent, tax raising and expansionist Holy Roman empire on their doorstep was the last thing they wanted. And Venice had declared for Alexander III in the deepening schism.

As for Manuel, he had decided long time ago that Italy was his main political objective. Having a foothold on the peninsula was his way to ensure a measure of control over Sicilian, Crusader and Venetian ambitions to take over his empire. And as we know, he had good reason to worry about that. It is also around this time that Manuel is discussing a reconciliation of the Eastern and Latin church with Alexander III with him as emperor both in the East and in the West. Manuel had hence an interest in undermining Barbarossa’s power base in Italy. Barbarossa on the other hand kept attacking the city of Ancona, the main ally of Byzantium on the Italian mainland.

In early 1164 Verona, Padua and Vicenza formed the league of Verona. This was the first league of Italian cities and the first created to defy imperial authority. The members of the league promised each other mutual support against any attack.

The League of Verona (blue) and teh cities that promise neutrality (green)

Barbarossa had no other option than to attack Verona. This siege quickly revealed how fragile imperial administration had become within the two years following the fall of Milan. His own troops from across the alps counted just a few hundred knights. His closest allies provided support, but their enthusiasm was somewhat lukewarm. The siege lasted a sum total of 5 days and ended with imperial withdrawal. The swift and humiliating abandonment of the siege was blamed simultaneously on a bout of malaria and the imminent birth of Barbarossa’s first son, but who cares. What mattered was that the league of Verona had prevailed.

This failure further undermined the imperial administration. The legates had to grant concessions to cities like Ferrara, Mantua and Treviso for the promise not to join the league of Verona.  Barbarossa even apologised for the behaviour of his representatives. This relief from imperial oppression provided quite some food for thought for the city oligarchs across northern Italy. On the one hand there was no legal or other recourse against the ever-increasing financial demands of the imperial legates, meaning these would only ever become harsher. On the other hand, defying the emperor and his creatures was seemingly a low-risk option.

After this debacle the emperor returned to Germany at the end of 1164. He intended to return, not just to go after the league of Verona but also to end the schism by force. And that required a much larger army, an army his German princes would by now be unwilling to provide. And that meant he needed even more mercenaries, which meant he needed even more money. So, he instructed his administrators in Italy to squeeze out as much as they could get from the communes. According to Cardinal Boso, a supporter of pope Alexander III, Barbarossa had become profoundly suspicious of the Italian cities and now preferred to be feared rather than loved by them.

But, where shall the money come from? The defeated communes, Milan, Brescia, Piacenza etc. were already stretched beyond breaking point. The waverers could not be touched for fear they would join the league of Verona. That leaves only one group, the loyal supporters of the empire, Lodi, Cremona, Pavia. A chronicler from Lodi writes that the imperial tax collectors did not just claim what was Caesar’s, but sevenfold what was owed. Everything was taxed, the mills, fishing in the river, hunting with nets, hunting with dogs etc. The Lodese now felt that this oppressive rule was no longer bearable. It was better to die than to bear this humiliation and pain any longer.

The loyal cities initially believed this was mostly the work of the imperial legates and their appointees and that once the emperor was back he would put things right. At the end of 1166 Barbarossa was back.

He held a great assembly in Lodi, the city he had re-founded and supported ever since he first set foot into Italy 11 years earlier. The communes brought their complaints and appealed to the emperor to end the oppression. Barbarossa professed much sympathy for their plight, but in the end did nothing.

He was in a bind. Fundamentally he did not have the fiscal wriggle room to reduce the pressure. And when it came to the excesses of his governors and administrators, what could he do? Corruption and cruelty was so wide spread, for all we know he should send his entire staff home. And what then? After the debacle before Verona, many of the Lombards no longer feared him. His German supporters had come down with him in 1166 hoping for exactly that kind of plunder he would now prohibit. No, things had gone too far for now. Assuming he intended to do something about the obvious problems in his administration, he probably postponed it for after the campaign against Alexander III. Right now, there was nothing to be done.

This recurring refusal to provide justice is what tipped the Italian communes serious irritation first into despair and then into deep anger. The spark that blew up the already crumbly edifice that was the imperial administration came from Cremona.

There is a most likely apocryphal story about  one of the leaders of Cremona, a city that had stood with the imperial side through thick and thin for literally a hundred years. This eminent citizen, had been a member of Barbarossa’s inner circle. One day he was on his way to the council room when he was told that today he was not welcome. Concerned about what was being discussed he investigated. He was utterly shaken when uncovered Barbarossa’s plan. The emperor intended to bring down the walls of all Italian cities, fill their moats and disarm their guards so as to limit their ability ever to resist imperial demands. This Cremonese patrician subsequently invited all other Lombard leaders to the monastery of Pontida where he informed them of the intended final assault on their way of life. All northern Italian cities immediately promised to defend each other against the tyrant and so formed the Lombard League.

The oath of Pontida – 19th century Italian “patriotic” picture

Well this was indeed the result but the process was a bit more complicated. We might not know what triggered it, but in the spring of 1167 the cities of Mantua, Brescia and Bergamo and most importantly, Cremona, met for a colloquium to debate all the harm they had experienced by the hand of the imperial envoys. They agreed a pact of mutual support, modelled on the league of Verona, to defend each other against overreach by the legates.

The citizens of Milan who were still languishing in their village accommodation applied to join as soon as they heard. Cremona and Milan had fought each other for as long as anyone could remember. The same goes for Bergamo. The last thing these cities wanted was to swap imperial oppression against oppression from the Milanese. So they put harsh conditions on a Milanese participation in what is now called the Lombard league. Milan agreed to all their terms, including that Crema would never be rebuilt and its lands were to be granted to Cremona. No fortifications were to be built between Milan and Cremona and Milan and Bergamo etc., etc., pp

Milan, Trezzo and Lodi

All these negotiations happened in secret, but rumours were running like wildfire through the communes of Italy. The Imperial podesta in Milan became suspicious and demanded first a hundred new hostages, then 200 more. He asked for even more money, presumably to hire mercenaries. The army of Pavia mustered near Monza and some citizens of Milan who had been neutral or supportive of the empire received messages to leave their accommodation now, before they would all be wiped out. For days as their representatives negotiated with the other cities, the terrified population of Milan expected to be murdered in their beds and their houses torched.

On April 27th, 1167 first an army from Bergamo, then one from Brescia and finally from Cremona arrived near Milan. Under great jubilation they led the citizens back into their devastated city where they immediately began the slow process of rebuilding. The imperial administration of Milan and their support vanished without a trace.

In 1171 the Milanese honoured the cities of Cremona, Brescia and Bergamo by putting a relief and a plaque on the rebuilt Porta Romana depicting their  return under the shields of the Lombard League. And surprise, surprise that image is on the artwork for this episode.

The triumphant entry into Milan from 1171

The now five cities then took their armies to Lodi, that changed sides after a brief siege. Lodi, the city that the emperor had re-founded, where he had himself a great palace built that was the centre of his administration when he was in Italy, Lodi that had been a sworn enemy of Milan, that had been burnt down several times and that had so enthusiastically devastated Milan Lodi joined the Lombard League. The League then besieged the mighty castle of Trezzo that held the key to Lombardy and had been a focal point of military activity during the two previous sieges of Milan. Trezzo held out until mid- August hoping for relief but in vain. Piacenza was next to sign a treaty of friedship with its old friends the Milanese and its old archenemies, the Cremonese. The joint army moved on to Parma, a city Barbarossa was utterly convinced would remain loyal. Again, Parma surrendered and joined, as did Bologna. Less unexpectedly, several months later, on December 1, 1167 the league of Verona and the Lombard league joined together. They agreed on the key political objective, not to completely throw off the imperial yoke, but to limit the regalia to those exercised in the hundred years before Barbarossa’s reign.

Within a month the imperial administration in Italy had completely disintegrated. Only Pavia, Novara and Vercelli remained loyal to the emperor. I doubt that was because they loved the imperial tax collector but more that they feared the power of a resurgent Milan.

Lombard league mebers – white bit in the centre is Pavia

The old chessboard model of Italian politics where all the white squares were constantly at war with the black squares suddenly went all white, or all black, whatever you prefer. The imperial tyranny had forged a coherent political entity from Venice to Pisa and from Ferrara to Verona. If the emperor were to attack one city an army from all Lombard cities could be raised quickly and brought to its defence.

What did Barbarossa do? Well, you know already. He was in Italy in the spring and summer of 1167. With a very large army. This army however was directed at the city of Rome.

In hindsight, the right thing for him to do would have been to return to Lombardy when he heard about the formation of the league , overrun the still broken walls of Milan and call an end to this rebellion. Hindsight is a fabulous thing, but rarely available at decision time.

If we put ourselves into Barbarossa’s shoes, the options were two. He could go back up to Lombardy, but that would have meant to leave Alexander III in control of Rome. And that would have been the last time he had a shot at Alexander III. No way he could muster a similarly sized army again. The financial support from Lombardy would surely be reduced even if he regained the upper hand over the communes. And without money there will be no mercenaries and the princes certainly had enough of Italy.  

If on the other hand Rome falls quickly, he could turn his men around and still knock these pesky towns for six. It might even be easier because having captured Alexander III the schism would be over, and he would control the papacy.

Option 2 looks rationally the better one. What he is unlikely to have thought about was option 3, the thing that actually happened.

The great old defence mechanism of the popes, disease, ended all of Barbarossa’s plans. Only days after breaking the walls and gaining entry into the holy city, dysentery took hold. His men and a large number of princes died within days, amongst the Rainald von Dassel, the man who helped design his policies and who he had put in charge of Italy. That we talked about in detail last week.

Malaria in Italy

Barbarossa’s return journey from Rome in the summer of 1167 turned into a nightmare. He managed to get to Pisa, a city still loyal as no taxes had been levied there. They gave him a great reception and hosted a meeting where he made plans to go to Lombardy using soldiers from Pisa, Lucca and other Tuscan cities.  But before that army could muster the cries for help from Pavia became shrill. Lodi had sided with the League. He needed to get there fast if he wanted to rescue anything of his previous acquisitions. But crossing the Apennine mountains proved difficult. The city of Pontremoli, not one of the greatest of medieval Italian powers and previous recipient of imperial largesse blocked his path. Even they had joined the Lombard league. The imperial bodyguard was barely able to ensure the safety and security of the empress Beatrix and the two sons, barely toddlers at the time. She had to protect them rom flying arrows with her shield. They only got through by climbing along mountain paths above the town of Pontremoli.

Strategic positioon of Pontremoli on the route between Tuscany and Padua

Somehow they reached Pavia where Barbarossa declared the imperial ban over the cities of the Lombard league by throwing down the gauntlet. But all he could muster were a few raids into Milanese territory that had little effect. As the league geared up to besiege Pavia, the decision was made to go home. At that point even Novara and Vercelli joined the League.

We talked about the return journey last time. The bribe for the count of Savoy, the rush to Susa where he was nearly murdered and the solitary transition of the mountain pass. Next week we will talk about what he did when he got back – well for nearly 6 years, very little. Only after that does he gradually regain his mojo and takes another run at Italy. Let’s see how that pans out. I hope to see you then.

And in the meantime, if you feel like supporting the show or want to get hold of these bonus episodes, sign up on patreon.com/historyofthegermans. All the links are in the show notes.

The Hand of God brings down Barbarossa’s Empire

This week we do what we have done so many times and seem to be unable to avoid, talk about the conflict between pope and emperor. And that always means trouble, bad decisions and a siege of Rome.  But boy, this time is not another standard schism, this time it is showdown.

Hello and Welcome to the History of the Germans: Episode 57 – The Hand of God

This week we do what we have done so many times and seem to be unable to avoid, talk about the conflict between pope and emperor. And that always means trouble, bad decisions and a siege of Rome.  But boy, this time is not another standard schism, this time it is showdown.

Before we start just a reminder. 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 Paul, Gerrit and Gunnar who have already signed up.

Last week we had left Barbarossa standing in the smouldering ruins of what was once Western Europe’s largest city, Milan. His harsh justice here and in the small town of Crema had broken communal resistance in Italy for now. But despite the military success, several strands of Barbarossa’s policy were coming apart.

When the Staufer had set out his reign, he saw a good relationship with the papacy as a crucial element of his longer-term plan. The antagonism between Rome and Germany that culminated in the so-called Investiture Controversy that had broken the back of the Salian regime. Subsequent emperors including Barbarossa had made huge efforts to maintain a good relationship with the papacy. Right at the start of his reign Barbarossa had entered into the treaty of Constance with pope Hadrian IV. The two parties had agreed on a common approach vis-à-vis the King of Sicily, the Roman Commune and emperor Manuel in Constantinople.

But by 1156 the treaty of Constance had already begun to fray. Barbarossa had not made a huge effort to subdue the Roman Commune or to attack King William of Sicily. As for emperor Manuel his envoys were waving documents that suggested Barbarossa had given them permission to occupy parts of Southern Italy. The originals of the letters are lost, so there is no way to find out whether they were genuine. If they were, then Barbarossa had indeed broken his commitment to the pope.

But it was Pope Hadrian IV who formally broke the treaty when he came to an understanding with King William of Sicily. He called the Sicilian the most brilliant in wealth and achievement amongst all the kings and dearest son in Christ before granting him more fiefs than any of his predecessors possessed.

The agreement with William could probably be overlooked given the emperor had left the pope defenceless and without a secure hold on Rome when he had to go home. But what broke the camel’s back was the fateful letter to Besancon where Hadrian may or may not have implied Barbarossa was his vassal by using the word “Beneficia”. Attempts were made to calm things down and Hadrian even wrote a conciliatory letter saying that this was a terrible misunderstanding, but on a personal level the two men no longer trusted each other.

As for papal policy the agreement between William of Siciliy and the Pope was a major turning point. For more than 30 years the Popes had looked north for help against the threat from the rising Sicilian kingdom. Lothar III and Konrad III had been supported in their attempt to seize power by the pope with the specific objective to make them come down to Rome and help strengthening the pontiff’s position. When Barbarossa’s men turned around and went home in 1155 it had become clear that reliance on German support was misguided. The interests of the empire and the church were no longer two sides of the same coin but structurally opposed to each other.

The differences were part political and part ideological.

The political differences stemmed from Barbarossa’s attempt to establish firm imperial control over Northern Italy. An emperor who would reside regularly on the Italian peninsula was a distinctly uncomfortable prospect for the pope. Other than the king of Siciliy, the emperor could and did claim overlordship of what would later be called the papal states. Though the papal propaganda machine pushed it at every opportunity, it was widely known that the Constantine donation was a fake. The pope had not been granted full suzerainty over large parts of central Italy because he had cured the imperator of leprosy. Though Pippin the Short and Otto the Great had confirmed papal rights to this territory, the legal basis on which it rested was wobbly to say the least. Even more worrisome, the city of Rome itself had moved into the imperial camp, acknowledged imperial overlordship of the city and sent troops for the first siege of Milan. Things became even more tense when Barbarossa began applying the laws of Roncaglia to the papal lands, demanding the regalia and the Fodrum.

Somewhat ironically the conflict between pope and emperor in Italy was a long-term effect of the Investiture Conflict. As the papacy had helped undermine the power of the monarch in Germany, Italy became the place where emperors sought the resources to compete with the powerful German magnates. In particular the later Hohenstaufen saw Italy as the power base from which to control the German part of the empire.

Apart from the political chasm that had opened up between pope and emperor, there was also an ideological divide. The papacy had by now fully absorbed the Gregorian reform, or at least the parts relating to papal omnipotence. Even those popes who could barely hold on to Rome fundamentally believed that all legitimacy flowed from God and that they, as the vicar of Christ were the ones who invested the kings and emperors. All secular rulers were to be subservient to the pope. The cardinal Rolando Bandinelli had put it most succinctly in Besancon, “From whom did he get the crown, if not from the lord Pope”

Barbarossa and his circle, in particular Rainald von Dassel and the Four Doctors of Bologna, created a new, competing ideology. The empire was holy in and of itself, not through derivation from the church. It was part of the world order god has created where the two swords, that of secular power and that of spiritual power fought as equals and in harmony against the enemies of Christendom. And the empire went back to a time well before Christ and before the church was established. Its rulers, as laid out in the code of Justinian were given ultimate temporal power over all their subjects, and that includes the members of the church.

This ideological rift has gone well beyond the quite specific issues of the investiture conflict that had been put to bed by the Concordat of Worms.  By now the gap has become unbridgeable and conflict between pope and emperor resumes.

This conflict was not only structural but even comparatively minor issues couldn’t be resolved thanks to a specific  element of papal – the idea that there was no man or court of men could judge a pope. For instance, Barbarossa had suggested to resolve the question of the application of the laws of Roncaglia by arbitration. He suggested that a court of three imperial and three papal representatives would decide whether imperial regalia can be claimed within the Patrimonium Petri. But that was unacceptable since it would subject the pope to the judgement of a court of men. The inability to create a resolution mechanism meant that whatever conflict arose, it would only end with either one party defeated or some miracle of diplomacy.

By 1159 the two sides were now at loggerheads over the imperial rights in the papal lands and specifically over the rights the emperor can exercise in Rome. The Roman senate had as mentioned become closer to the emperor following the papal alliance with the king of Sicily. The city feared, not without justification, that the pope would use his new vassal and friend to wipe the communal government of the eternal city from the face of the earth. Hence, they approached the emperor for support. Barbarossa answered in one of his most famous expressions: quote: “Since by the ordination of God I both am called and am Emperor of the Romans, in nothing but name shall I appear to be ruler if the control of the Roman city be wrested from my hands.” Unquote.

As this conflict heated up, pope Hadrian IV made contact with the Lombard cities opposed to the Laws of Roncaglia, specifically Milan, Piacenza, Brescia and Crema. Whether as a part of this agreement or independent thereof, Hadrian IV had made up his mind to bring the conflict into the open and excommunicate Barbarossa. The only reason this did not happen was because Hadrian IV died on September 1st, 1159.

The college of cardinals which just 10 years earlier was all geared up to fight the King of Sicily was now overwhelmingly supportive of the Normans. Hadrian IV’s chancellor Roland Bandinelli who had negotiated the alliance with William of Sicily was their leader. Bandinelli was not only the proponent of the Sicilian alliance, he was also the man who had brought about the wrath of Barbarossa when he suggested the emperor was just a vassal of the pope.

The minority faction was led by cardinal Octavian of Monticelli. Octavian was from the highest Roman aristocracy and a distant cousin of Barbarossa.

No prizes for which of the two candidates the Imperial party wanted to see on throne of St. Peter. Whether there was imperial involvement in the election is almost as debated as the question whether Roland Bandinelli and his faction had made a secret deal with the Communes and Sicily. What we can say though is that there were imperial envoys in Rome at the time of the election. One of those envoys was Otto von Wittelsbach, the man who had tried to run Roland Bandinelli through with his sort at the diet of Besancon.

Since 1059 canon law had set out that popes were to be elected by the college of cardinals, most specifically by the cardinal-bishops. But as we have seen, not a lot of elections followed that rule. Gregory VII, the most significant pope of the 11th century was elevated by the people of Rome without election. Pope Innocent II was elected by only a minority of cardinals but had prevailed over Anaclet II. You have to keep that in mind when looking at what happens next.

On September 7th, 1159, an unknown number of cardinals gather behind the high alter of the Basilica of St. Peter to elect a new pope.  The majority vote for Roland Bandinelli and he proceeds to put on the papal mantle. At that point cardinal Octavian rugby tackles the elected pontiff and grabs the mantle. He then tries to put the mantle on himself but the pro Bandinelli cardinals rip it out of hands. An attendant brings Octavian a copy of the original mantle that he now attempts to put on but gets it back to front. Despite the wardrobe malfunction, the minor clergy of St. Peters acclaims him as pope Victor IV. Meanwhile some armed men, supporters of Octavian enter the basilica and Bandinelli and his band of bishops flee into one of our favourite places, the fortress of the frangipani in the Colosseum. They skip town a few days later and Bandinelli himself was crowned pope Alexander III in the church of Santa Maria Maggiore in the town of Ninfa. The town was abandoned in 1382 and the ruins of its  church is today a centrepiece in one of the greatest garden landscapes in Europe, the Giardini di Ninfa.

Now back to Victor IV. Though it looked initially as if he had some support in the city and clergy of Rome, that dwindled away quite quickly and, instead of a proper enthronisation in St. Peter, he had to settle for a low-key ceremony in the monastery of Farfa. By that time he only had one cardinal bishop supporting him who happened to be his close relative. Many of the 9 who had voted for him had by now defected to Alexander III.

Another schism. This one will last for a long time, 17 years to be precise.

Victor IV may not have much support within the church, but he thought he could rely on his imperial sponsors. Nobody knows what Otto von Wittelsbach had promised him before the election and we do not know whether Barbarossa was happy for things to escalate as they did.

Outwardly he tried to appear neutral and – like all good Christians – very concerned about the break-up of the church. To resolve the issue he called a synod in Pavia where both popes would present their case and the assembled clergy would then decide who was the rightful pope. That synod was initially scheduled for January 1160 but because the brave city of Crema had held out for much longer than expected had to be postponed to early February. It is quite likely that the citizens of Crema escaped with their lives mainly because of the time pressures of that Synod.

Victor IV came to that synod as expected but Alexander III refused arguing again that he, as pope, cannot be judged by men. His refusal to show was the main argument why the synod voted for Victor IV.

However, this event dd not resolve much. Though invitations had gone out the episcopate of France, England and Spain, none of them showed. Apart from imperial bishops only the church leaders of Bohemia, Poland and Denmark made an appearance. And even some German bishops abstained, most prominently the archbishop of Salzburg.

Imperial diplomacy had made great efforts to convince king Louis VII and king Henry II to come in on Victor IV. side. This failed in part because Alexander III inherited the papacy’s diplomatic machine. Most papal legates who had built relationships with local bishops and aristocrats of France for decades had sided with Alexander III. Vitor’s supporters within the church and the imperial envoys had little standing in the west. Yes, there were ties of friendship and Barbarossa knew Louis VII personally from the Second Crusade, but it was not enough.

The other problem was that Victor IV had no theological value proposition. If we look back at the last schism between Innocent II and Anaclet II, each contender represented a different set of beliefs. Anaclet was old school Gregorian and scholastic whilst Innocent II represented church reform 2.0 and mysticism. Victor IV was not associated with any particular movement within the church. His distinctive policy was purely political, being pro-imperial. No wonder this had not much appeal outside the Holy Roman Empire. In particular in the 1060s when Barbarossa is talking control of Northern Italy which makes him the most powerful monarch in Europe. 

This schism is one of the most impenetrable events I have come across in the making of the podcast so far. The reason for that is that primary sources are contradictory on almost every single event. That is new and has a lot to do with the improved public relations machine of the empire. During the investiture conflict, practically all sources were supportive of Gregory VII and the papacy, largely because most of the authors were clerics and because Henry IV did not place enough emphasis on controlling the narrative. Barbarossa is very different. He is a competent politician and understands very well how important it is to put his side of the story across. He regularly publishes circulars laying out his side of the argument and employs biographers like Otto von Freising to create his legacy.

With such a confusing set of sources I could take you through the pro and con of the storyline on each event but that would take us probably about 60 minutes and I am not sure it would add much. Hence you will now hear a version of the story that I found most convincing or where it is unclear, the most amusing. Just remember, it may all have been different.

One this that everyone agrees upon is that When Milan fell in 1162 and imperial forces were becoming available to march on Rome, Alexander III fled to France.

Barbarossa made another attempt to resolve the schism through a church synod. He agreed with King Louis VII of France that they should gather at a bridge on the border between France and the empire near Dijon. Barbarossa would bring Victor IV and Louis would bring Alexander II as well as a large contingent of bishops and abbots.  The bishops and abbots would then debate the question who the right pope was and make a binding decision. Everyone agrees to follow that binding decision and hey presto that would be the end the schism.

Which gets us to the question why did Louis VII consent to this when Victor IV had no appeal to him and his episcopate?. Well, that has a lot to do with bits of English history you guys may be more familiar with. Louis VII is that French king who had been married to Eleanor of Aquitaine who divorced him and married Henry II of England. That marriage and the lands he had inherited from his father Fulk of Anjou had made Henry the by far most powerful prince in France. Henry and Louis were tied in a practically never-ending war. So far Barbarossa had kept out of this fight, but the defeat of Milan, the schism and support for Alexander III created the risk of a German intervention in this rather precariously balanced conflict. So, Louis had to appease Barbarossa and would probably have thrown Alexander III to the wolves in order to protect his crown. But Alexander escaped from this predicament by brokering a peace agreement between Henry and Louis at the very last minute. With that in place, no more need to kowtow to the emperor and risking eternal damnation for sending the rightful pope to a dank imperial prison.

Louis now has only one problem, which is how to wiggle out of the agreement with Barbarossa.

Given he had promised to come, and a royal promise has to be kept, the King of France arrived on the bridge at the prescribed time and date, but he did not bring pope Alexander III. In one telling Barbarossa simply missed this crucial appointment and Louis VII turned around after waiting a few hours. That sounds very improbable. In the other version Barbarossa did meet Louis on the bridge and Louis told him that unfortunately the pope was held up. But he promised Alexander would be here within the next 3 weeks.

That was a smart way to blow up the synod without looking bad. A 3-week delay is not unusual given the state of roads in the 12th century and king Louis cannot be expected to drag Alexander to Dijon in chains. So he looks as if he is willing to resolve the schism. Barbarossa on the other hand cannot wait 3 weeks. To make sure he had the numbers to get his man elected he had brought some 50 bishops, 8 abbots and 30 great princes. Even the king of Denmark had come along. Overall, there were some 3,000 people camped along the River Saone. No way these poor lands could feed such a large number of people for a whole 3 weeks.

Under these circumstances the planned synod with the French could not go ahead. To avoid completely cancelling it, Rainald von Dassel changed it into a imperial synod only. What mad eit worse was that he declared that the pope to be no more than the bishop of Rome and given Rome was an imperial city, an imperial assembly was enough to decide who was pope. The French were not necessary and all that trip to Burgundy had only been a courtesy.

This was an epic PR disaster that made abundantly clear that Victor IV was an imperial puppet.

The schism continued unabated.

2 years later pope Victor IV was dead. Two days after his death Rainald von Dassel arranged the election of Guido of Crema as pope Paschalis III. Bishop Henry of Liege consecrated him. The fact that only one cardinal and maybe 8 bishops and some Roman noblemen were present at this “election” shows how little support the antipopes had within the church.

The other item of note here is that Rainald von Dassel acted without prior authorisation from the emperor. Older historians used this fact to put the blame for the continuation of the schism on Rainald von Dassel. However, modern scholars argue, quite rightly as I think, that it is unlikely Barbarossa had not given clear instruction as to what to do in case of the death of Victor IV. Barbarossa never reproached Rainald for any of his actions and rewarded him with lands and privileges in 1164, something unlikely to have happened if Rainald had acted against imperial wishes.

The election of Paschalis III not only prolonged the schism but also sheds light on how imperial rule has changed between 1152 and 1164. You may remember the episode The Barbarossa where I enthuse lyrically about the emperor as he was depicted on the Kappenberger Kopf. This image was most likely made before 1158 and the person depicted there was a great politician who had negotiated an end to the endless German civil war, had found an accommodation with the papacy that resulted in a quick imperial coronation and had re-established imperial rights in Italy.

The Barbarossa of 1164 is almost a different person. His defeat of Milan and the ideology of the Holy Roman Empire had made him an uncompromising defender of the honour of the empire. The destruction of Crema and Milan may still be attributed to the standards of Italian warfare, but now this pig-headed insistence on defending his antipope was something different. In France and England people were fearing that Barbarossa was out for world domination. His chancery would describe the French and English monarchs as reguli, little provincial kings, subservient to the emperor. A poet in the pay of Rainald von Dassel described him as “Emperor Frederick, Prince of all princes of the world” and “lord of the world whose yoke is light to all good men”

I do not want to go too far down the slippery slope of historical parallels, but the transition from recovery to world domination in a short period seems a pattern that goes back a long time. This medieval episode we discuss today is long forgotten and overshadowed by the events of the 19th and 20th century, but it is part of the German and European subconscious. It is this idea that Germany has been so unaccustomed to political and military strength that it cannot control it or be trusted with it. Margaret Thatcher fundamentally believed this, which is why she insisted on deep integration of a reunified Germany within the European union, including the Euro. And it still drives concerns at least in Germany over the recent announcement to heavily invest in the Bundeswehr. This is a history podcast, not a political one, so I will leave it at that.

Back to the 12th century. By 1165 Barbarossa’s determination to push the case of his antipope begins to undermine his otherwise strong position amongst the German episcopate. The archbishop of Mainz, the Primas of the German bishops, first disappears on pilgrimage and then declares obedience to Alexander III. Barbarossa has him excommunicated and then replaced. The newly elected archbishop of Salzburg, himself Barbarossa’s uncle declares for Alexander III who makes him his legate in Germany.

Despite the opposition Barbarossa doubles down and makes his princes swear the oath of Wuerzburg, never, ever to acknowledge Alexander III. To convince his reluctant bishops and princes to take the oath, he took it himself. That is an extremely rare occurrence. The emperor, like the pope does not swear oaths as all his pronouncements carry the weight of the office. Where treaties require oaths, these are usually taken by the most prominent princes or ecclesiastics. Emperor Henry IV did not even swear to the terms of reconciliation at Canossa himself but had his intermediaries including abbot Hugh of Cluny swear on them on his behalf. An emperor making an oath himself is a big deal. Barbarossa is willing to throw away one of the great symbols of his office to support this bishop of Rome.

This oath of Wuerzburg does not help at all. What it meant was the emperor was now in a corner. Any reconciliation with Alexander would cause massive reputational damage. He now has to go after the pope at all and any cost.

The first victim is the archbishop of Salzburg whose lands are devastated, and the city of Salzburg burnt down. Barbarossa who had brought peace now brings war into Germany.

In 1166 the antipope Paschalis III does his one and only useful service to the emperor, the canonisation of Charlemagne. By now most European nations had a national saint, usually one of its ancient rulers. England had Edward the confessor, France had Saint Denis, Hungary had Saint Stephen and so forth. The empire had a former ruler who had become a saint, Henry II. But Henry II was first and foremost the saint of the city of Bamberg, place he had founded and generously endowed. He was not a focal point for the Holy Roman Empire. Charlemagne however would be a nearly ideal candidate. Not only was he a fighter for Christendom who had converted the Saxons, or at least those who survived his administrations of the gospel by fire and sword. And he was the last emperor who had undisputedly ruled most of Western Europe.

In a splendid ceremony the grave of Charlemagne is opened again. Last time that happened was when Otto III did open it in this weird attempt at communing with the long dead predecessor. This time the bones of the great Carolingian were lifted and placed into golden reliquary. Not the one you see today, that was made during the reign of his grandson, Frederick II. Barbarossa however left many valuable presents in Aachen, most famously the great chandelier made from gilded copper comprising 8 semicircular elements flanked by 8 towers that exactly reflects the octagonal structure of the chapel at a ratio of 1:4.

Did it work? Not really. Charlemagne is still shared or split depending on your viewpoint between Germany and France.

Oaths and Chandelier however did not get rid of pope Alexander III. The only solution now was military. By 1164 Alexander III had found enough support in Rome so that he could return to the Holy city where he now resided. And he began negotiations about one of the things Barbarossa and his advisers had feared already in 1157 when Alexander, then a mere cardinal had argued the emperor was a mere vassal of the pope. Alexander was discussing with emperor Manuel about recognising the ruler of Constantinople as the sole emperor of east and west and a merger of the eastern and western churches.

The imperial army set off in October 1166 from Augsburg. This army was no longer an army of loyal princes who brought along their retinue of knights. Yes, some of it still was, but by now Barbarossa had used up all his feudal credits and had to rely on mercenaries. These were known as Brabazones or Brabanters presumably because many hailed from the low countries. The army’s progress was slow and impeded by the Lombard cities. We will talk about the developments in Northern Italy between 1162 and 1167 in the next episode. Just for the purposes of this narrative you should know that with few exceptions the Lombard cities had risen up against imperial rule.

These regular skirmishes with cities slowed down progress and required Barbarossa to split his army. Rainald von Dassel led one contingent along the West coast of Italy through Tuscany south, whilst Barbarossa himself went along the eastern shore.

Rainald von Dassel’s journey was unexpectedly successful. He encountered a Roman/papal army near Tusculum at the end of May Despite being seriously outnumbered his forces beat the Romans comprehensively. The new archbishop of Mainz, Christian von Buch, made his name as a warrior in this battle. As a cleric he was not allowed to use a sword and hence brought death and destruction to his enemies with his enormous club. On the opposite side, two cardinals also died in the fighting. When the imperial army appeared before the gates of Rome the Senate and the populace turned against Alexander who took again refuge in the Frangipane fortress in the Colosseum.

Barbarossa meanwhile got bogged down first in a siege of Ancona and then with relieving a castle under attack from the Sicilians. It took him until the end of July to arrive in Rome. The imperial army broke through the gates of the Vatican city quite easily but then found resistance at the Castel St. Angelo and at the now fortified basilica of St. Peter. In the attack on St. Peter the church of Santa Maria in Turri which was adjacent to the great basilica caught fire. Several priceless relics and images of Christ were destroyed. The fire spread to the atrium and then the doors of St. Peter itself. At that point the defenders of St. Peter surrendered and the fires could be extinguished. The destruction of this most holy place in Christendom was shocking. Many believed the fires were laid deliberately by imperial soldiers making it even more of a sacrilege. Welf VI, Barbarossa’s uncle and in his youth his best friend, ally and mentor cursed his nephew and the entire army.

With the Vatican city taken by imperial troops the Senate of Rome was ready to come to terms. Rome accepted imperial sovereignty and gave up some of the more radical pretences of communal independence and in exchange Barbarossa and Paschalis III recognised the Senate in perpetuity.

Paschalis III was enthroned in the damaged church of St. Peter on 1st of August and immediately crowned the empress Beatrix and Frederick for a second time, just for good measure

Barbarossa’s victory would have been complete had it not been for the escape of Alexander III. The pontiff had left the city just before the coronation, disguised as a simple pilgrim.

On August 2nd a torrential downpour pounded the city. The sudden storm swamped the camp and tore the tents away. Within hours many men and horses began to die. The symptoms included a high fever, headaches, intense pains in the stomach and intestines, great fatigues and an awful stench emitted by the stricken before they died. It was long believed the epidemic had been malaria, but it is more likely to have been dysentery. The sudden rainfall had overwhelmed the primitive sanitary conditions and the drinking water became contaminated with faeces.

Barbarossa and Beatrix, whose accommodation was on a hill overlooking the camp escaped the disease. But of the great princes that accompanied the emperor many died. The bishops of Prague, Liege, Verden, Regensburg, Augsburg and Speyer. But most devastating for the emperor, his trusted advisor, Rainald von Dassel fell victim of the plague. As did some great princes, Welf VII, Frederick of Rothenburg, the son of King Konrad III, Theobald of Bohemia, the counts of Nassau, Pfullendorf, Sulzbach, Tubingen, Leuchtenberg and many more.

Estimates for the overall death toll varied but everyone agreed this was an act of God. The emperor had desecrated not just the Basilica of Saint Peter but the church itself with his support of the antipope. Barbarossa left Rome on August 6th, 5 days after his triumphal entry and coronation.

Alexander III returned to the Lateran palace and renewed his excommunication of Barbarossa. He relieved all Italians from their oath of fealty to the emperor. Apart from a handful of cities all of Lombardy was now in open rebellion. Whatever was left of his army shrunk by the day due to defections of princes as well as unpaid mercenaries. 

No longer was he the ruler of Northern Italy, his main concern was now how to escape back home. The only route open was via the pass of Mont Cenis between Piedmont and Burgundy. Count Humber III of Savoy was prepared to let him pass in exchange for granting him the county of Turin. In March 1168 he is Susa at the bottom of the pass when he hears that the townspeople are out to kill him. He sneaks away in the night leaving his chancellor in his bed as a decoy. With just 2 companions he crossed the pass and reaches the safety of Burgundy, an ignominious end to his imperial ambitions.

In a way this it is ironic that acts of god stand both at the beginning and the end of medieval imperial ambitions. The battles of Birten and Andernach were the acts of God that allowed Otto I’ s ride to imperial power. Now it is the destruction of the imperial army in Rome that puts an end to them.

Though we are not done with the Holy Roman Emperors by any means but that byword, instead of being an ideology that dominates Europe will turn into a witty pun.

Next week we will first take a look at developments in Northern Italy during the time period we just discussed and see how Barbarossa fundamentally changes his policy. You may not believe it, but we are only half way through his reign. I hope to see you then.

And in the meantime, if you feel like supporting the show or want to get hold of these bonus episodes, sign up on patreon.com/historyofthegermans. All the links are in the show notes.

….and then Barbarossa razes Milan to the ground

This week we will see how the Italian Communes take the Laws of Roncaglia. Not well is the understatement of the 12th century. Prepare for some epic sieges and harsh imperial justice.

Hello and Welcome to the History of the Germans: Episode 56 – The siege of Crema

First up, a quick apology for the delayed publication of this episode. I did go away for Easter and all that chasing of eggs and barbecuing is not conducive to producing history podcasts. Normal service will resume next Thursday. 

This week we will see how the Italian Communes take the Laws of Roncaglia. Not well is the understatement of the 12th century. Prepare for some epic sieges and harsh imperial justice.

Before we start just a reminder. 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 John and Ed and Karri who have already signed up. And then I want to give a very special shout out to Suzanne – superfan of the show since literally day one. Thanks so much for all your encouragement, advice and generosity, something that kept me going when I got excited when an episode barely  hit 200 downloads over seven days.

Now back to the show. Last week Barbarossa promulgated the laws of Roncaglia, or more precisely endorsed the application of Roman law for the Italian part of the empire. Roman law was the laws of Imperial Rome where the emperor is the source of all laws and laws apply at the pleasure of the ruler. And more tangible terms, the emperor reclaimed almost all the imperial regalia, the rights to mint coins, charge tolls and hold markets, rights worth 30,000 pounds of silver annually. Not just that but he also asserted his right to build fortified palaces inside all Italian cities, take over their jurisdiction and appoint podestas with dictatorial powers. That made him at least theoretically the richest prince in Christendom.

Though I thought I had done a reasonable job with last episode, and it was one of the more research-intensive ones I have done, but I must admit that I had missed something quite important. I did not talk about what the emperor offered the Italian cities in return for all that gold, palaces and sheer power. His deal was the same deal his most eminent predecessor, the divine Augustus had offered the Roman people in exchange for their republican freedoms – peace.

Civil strife in Italy was even more endemic and certainly even more brutal than in Germany. Each one of these cities was out to destroy the other, raze them to the ground and salt the earth. This kind of  fighting had been going on for at least 40 years and from any third party perspective, the communes should be worn out and begging for peace.

Thomas Hobbes would have seen this anarchic situation where his Leviathan would naturally assume all the rights and powers to bring safety and security for his subjects to live in. And if you look at European history between 1100 and 1800, 9 out of 10 times a society was offered peace in exchange for submission, they took it.

But the world of the Italian communes in the 12th century was the odd one out. These cities were at it hammer and tongs and saw no reason to stop. They may not be quite a war hungry as the Greek Polis of the classical period, but war was in their blood. Peace was for the wimps over in Bergamo, Tortona, Lodi or whichever competitor your own city most despised. Conflict and violence was not limited to the relationship between communes but also within communes. There was regular fighting between the bishop, the urban aristocrats, the merchants, the lower vassals, major landowners in the Contado like monasteries, and the urban underclass, all that in ever changing alliances. To say it with the Mandalorian, this is the way.

And way, did Barbarossa not get that. He did understand violence, that is not the problem. He had grown up in the German civil wars of the investiture controversy. But the difference was that in Germany the fighting was between cousins who were coveting political dominance or a specific right or land. But they weren’t out to utterly eradicate their opponents, roots and all. The rules of chivalry that gradually emerged also put limitations on the violence. And finally, the political actors were individuals who could be appeased, whilst the city factions and whole cities were like the Lernean hydra where you can cut off one head and two new ones would grow in their stead.

Bottom line, peace was not what the Italians wanted. As for the other component of Barbarossa’s successful policy in Germany, the integration of the powerful magnates in the decision-making process, there seems to have been little of that in Italy. In the German lands he could use established processes like royal assemblies and courts of princes. Italy had no established coordination mechanism between the different communes and Barbarossa did not establish one. Whether he did not do that due to the complexity involved in regular consultations or out of snobbery is hard to determine from the sources.  

There we are. If the Italians are not willing to submit in exchange for peace, that can only mean one thing, war. And an epic war it will be, a war that lasts with interruptions for 19 years, until 1177. 

Barbarossa, despite all the learned speeches and smart Doctors of Law and all that clever legalese was not going to leave his great new governance model to chance. At Roncaglia he demanded hostages from all the cities, not just from hostile Milan and its allies or waverers like Verona and Piacenza, but even from loyal Pavia and Cremona who had supported him all the way.

The first issues did not materialize in Milan, but in Genoa. Genoa had traditionally been loyal to the empire and had sent valuable presents to the first assembly at Roncaglia in 1155. But they boycotted the second assembly in 1158 and had hence not sworn to the laws of Roncaglia. The emperor came down to Liguria and demanded fealty and the regalia from the proud maritime republic. The Genoese refused saying, quite rightly, that they occupied but a modest amount of land in the empire whilst protecting the Middle Sea from Barcelona to Rome from Muslim attack something it would cost the Reich 10,000 marks of silver a year if they did it themselves.

Well, neither side had appetite for a full-blown conflict. Barbarossa had dismissed the bulk of his army and Genoa’s walls were in a pitiful state. So, the parties came to an agreement whereby Genoa paid the cash-strapped German 1,200 Mark silver and made hollow promises to hand over the proceeds of the regalia in the future and Barbarossa declared himself satisfied. The Genoese did what any sensible city father would do afterwards. They rebuild their walls post haste and within 53 days they were back in a shape to repel any attacker, at which point they probably ceremoniously burned the laws of Roncaglia and called the departed emperor names. 

He did not hear that because he was already further south taking over administration of the Lands of Matilda in Tuscany. These lands were still contested between the Empire and the Papacy and had been granted to Welf VI, Barbarossa’s uncle. The Welf had however done pretty much nada with this extremely wealthy fief.  That was now to change, imperial administrators took up the collection of dues and cities were sworn to the laws of Roncaglia. This expansion of imperial authority did not stop at the borders of the papacy. Agents were dispatched as far south as Campania to collect the Fodrum and even the cities in the papal states were instructed to hand over the Regalia. All that irritated Pope Hadrian IV adding to the massive irritation he already felt for the man he had crowned not so long ago.

By early 1159 the new administration was taking shape. Imperial envoys, including Rainald von Dassel and Otto von Wittelsbach were sent on another tour of Lombardy, this time not to demand an oath and soldiers, but to install the new imperial Podestas. Amongst others they went to Pavia, Cremona and Piacenza where they selected two of the most respected and most loyal citizens and installed them as the city’s new rulers. These cities, even Piacenza that had traditionally been hostile and had been ordered to reduce their walls and fill in their moats accepted the imperial order.

The first real resistance came from the small town of Crema, east of Milan. Crema, like Piacenza had been traditionally allied with Milan. They were ordered to take down their walls completely. Why? Crema had not done anything to deserve this, well apart from being the archenemy of Cremona.  And the Cremonese had paid the emperor 15,000 mark of silver, another utterly shocking amount of money,  for getting rid of Crema.

Here is a bit of background to the history of Crema, which is the same word as cream in Italian and Cremona, which sounds a bit like large cream in Italian. Cremona is the older and larger city dating back to the Roman empire and is the seat of a bishop. Crema was a lot younger. It appears for the first time as a possession of Matilda of Tuscany in 1074. It was very much a new town that benefitted from drainage of the wet but fertile zone between the Adda and Oglio rivers. This new land attracted farmers from across Lombardy and also many aristocrats who were looking for a community away from the cities run by bishops and merchants. All that puts little Crema at loggerheads with Cremona. The Cremonese, inhabitants of Cremona saw the new settlement as an invasion of their territory. Crema was after all within the diocese of Cremona. The Cremasci, inhabitants of Crema, did not care much about ownership rights and dioceses. They reenforced their walls, established a strong and stable alliance with Milan and gained a reputation for military prowess that very much exceeded the size of their city.

The imperial order to take down their walls was nothing short of an order to abandon their home and subject themselves to Cremonese attack. No way the Cremasci could take it. They jumped the imperial envoys who barely escaped with their lives.

News of the events in Crema including the bribe of 15,000 quickly reached Milan. Not the kind of thing that lengthens the odds of a smooth implementation of the Laws of Roncaglia.

Rainald von Dassel and Otto von Wittelsbach had stopped at new Lodi when they heard the news. Initial soundings from the metropolitan city were not encouraging for Barbarossa’s cause. The Milanese insisted on the peace agreement with the emperor from last year. This agreement explicitly allowed consular elections, so why should they have to accept some Podesta appointed by the Kaiser. And that was pretty much the line of argument the consuls and citizens of Milan took when they received Rainald and Otto into their splendid City Hall. Arguments were going back and forth, and the envoys finally offered the consuls to be elected as long as they were invested by the emperor.

The consuls agreed to take this proposal to the people who had gathered inside the Cathedral. The response was less than positive. The people not only refused but broke out into full on rioting, screaming that these imperial creatures were to die. Last minute the consuls could calm down the mob and stop them from massacring the paladins.

The city leadership is now stressed out and begs the envoys not to tell the emperor and that they would do as requested and even threw in a huge pile of money.

The envoys returned and told what happened. This whole procedure was humiliating to the envoys and even more humiliating to the emperor.

But at that point he could not do that much. He had dismissed his army and it would take a while to get reinforcements from the north. Hence he went through a charade of negotiations. He called the Milanese before an imperial session where he harshly demanded why they were unwilling to adhere to the oaths they had sworn at Roncaglia. To that they allegedly responded that they may have sworn the oath but never had any intention of keeping them. If they really had said that, the only way they could have justified that was by saying that they had been coerced to take that oath. That feeds my theory that the assembly at Roncaglia really only accepted the laws because they were surrounded by imperial soldiers.

Anyway, the Milanese clearly did not want to yield. It still took a few more months before they could be formally put into the imperial ban for refusing to appear at the third summons.

In the meantime, both sides begin putting their ducks into a row.

Barbarossa sends an order for a new army to Germany. Interestingly, this time the order goes to henry the Lion, his uncle Welf VI and his wife, Beatrix who could raise troops in Burgundy. This is interesting because what he does here is a clever way to overcome the structural deficiencies of a medieval army of vassals. A vassal was only obliged to serve for a set period of time and there were often even more limitations for services in a different country. That had been a problem for almost all of Barbarossa’s predecessors who had called all their vassals down to Italy in one go and found that they returned home after 12 to 18 months, which often meant all the gains of the campaign were almost immediately lost.

Barbarossa established a rotation system. In his first part of the campaign, he had demanded suit from the duke of Austria, the king of bohemia and the duke of Zaehringen. Henry the lion, the most resourceful German prince was allowed to stay home which means he could not refuse the imperial call now. This rotation system allowed Barbarossa to remain on campaign in Italy for years.

In the first campaign against Milan his army, though truly huge by medieval standards was not able to completely encircle the city. His new contingents were unlikely to be larger than last time, so a full investment of the city was not an option. The other point was that Milan did not fall because of a breach in the walls or a battle outside the walls. Milan fell because of its biggest vulnerability, its size. Milan had 150,000 inhabitants and that number had risen even further during the siege when the inhabitants of the surrounding area seek refuge behind its fortifications. Feeding these people and providing enough drinking water was the city’s Achilles heel.

What he needed to do to defeat Milan was to cut them off from food supply. The lands of Milan, as mentioned before, is a giant river island. Access to its Contado required crossing the Ticino, the Adda and the Po River. That was once their first line of defense but will now be their key vulnerability. Crossing these rivers to bring large amounts of food into the city requires bridges. If the imperial army can block all the bridges and devastates the land surrounding Milan, food will become scarce and sooner or later the city will fall.

And that is why he spends the next three years building a ring of fortified cities surrounding the Contado of Milan. Going anticlockwise from the southeast we have the city of Lodi that had moved to a new location. The Lodese are working overtime to set up the new fortifications. Milan will try several times to interrupt the effort but gets repulsed. Further north, Frederick helps the inhabitants of Come to rebuild their fortifications and neutralizes their old enemy and ally of Milan, the now lost city on the island in Lake Como. Bergamo, Novara, Vercelli and above all Pavia, do not need the slightest encouragement to go after the Milanese which covers the western and southern shore.

Piacenza is the big issue. They have a bridge across the po river and could resupply Milan. Not only that, but its city leadership is also showing signs of wanting to revive its old alliance with Milan. Hence the order to reduce their fortifications. Things come to a head when they stole some of the £1,200 the Genoese had been sending the emperor. Barbarossa does not have an army large enough to besiege Piacenza and quite frankly they did not work superfast at taking their walls down. So, he simply enters the city in all his splendor as a guest and the Piacentini do not dare to lay hands on him. They hand back the funds and promise to support the blockade.

That gives the emperor an inner ring around Milan that allows him to block all large-scale food supplies into the Contado. He then proceeds to lay waster to the territory itself. His army will constantly raid the lands around Milan for the next three years and at times drag out Milanese armies. It is a re-run of the torched earth policy that worked so well before, just on a larger scale.

This elaborate and sophisticated plan now needs one last element to succeed. The cities that sit outside this ring and have traditionally been allies of Milan need to be brought to heel. Brescia gets beaten by the Cremonese and caves early on. Tortona is too far and too small.

But there was one town that still defied the grand scheme. And that was the small town of Crema. Crema mattered because it lies right behind Lodi, was fiercely loyal to Milan and militarily punching well above its weight. Crema was the weakest link in the strategy and hence Crema needed to be brought down, brought down at all cost.

Crema was surrounded by a swamp, a moat and an impressive set of walls. These walls built to repel Cremonese attacks for 50 years and were well out of proportion to the size of the city. In 1138 emperor Lothar had besieged Crema but failed to break in.

The siege began in July 1159. The first to arrive before the four heavily fortified gates were the Cremonese. The emperor arrived a few days later and over time the reinforcements of Henry the Lion and Beatrix of Burgundy appeared so that the small city of maybe 10,000 could be completely surrounded. Whilst Milan was to be starved out, for Crema that would not work since the city was smaller and better provisioned. Inside the city were not just the warlike Cremasci, but also opponents of the imperial cause from Brescia, Piacenza and a contingent of Milanese.

This siege was conducted with utmost brutality. Either side would publicly execute its prisoners in full view of the other side and allegedly even torture them.

To break the formidable walls, the besiegers built multiple siege engines. One of those was an enormous moveable siege tower. The tower was allegedly 70 feet tall and 30 feet wide. It was mounted either on wheeled axles or logs and it took 500 men to move it. It had six stories of which the first one was on the level of the city walls and had a bridge the soldiers could go across on to the walls. The top five floors contained rooms from where a thousand archers could clear the walls of defenders.

The initial plan was to cross the moat with battering rams and the tower following behind, providing cover for the men operating the battering ram. To implement this plan the moat needs to be filled first. Over 2,000 wagons filled with dirt are brought forward and their content dumped in. That done the battering rams crossed over followed by the tower. The Cremasci responded by hurling stones from five mangonels and several petraries at the tower. The tower, which had cost near 2,000 pounds of silver had to be protected.

For that Barbarossa had the hostages he had taken earlier tied to the tower assuming the Cremasci would not want to kill their own people. The hostages were tied to the tower day and night and at night were made to hold a candle showing the defenders that they were still there.

The Cremasci remained undeterred and kept the bombardment of the tower going, even though the hostages were badly maimed, and some killed. It is said that the hostages themselves encouraged the defenders to keep shooting.

Barbarossa had the tower withdrawn, probably because it had not worked or maybe even he was appalled by the brutality. The engineers came up with a different solution. They covered the tower in double braided bundles of faggots, hides and bales of wool.

In the meantime, the battering ram had managed without air cover and created a gap in the wall. The city’s population built a new defensive line inside the wall overnight preventing the besiegers from breaking through. They sent out a commando squad in the night through a tunnel to destroy the ram, which failed. The next day they dropped incendiary material on to top of the housing of the battering ram, which almost did for Barbarossa who had been inside directing operations from the front.

The army had brought battering rams forward on several gates now but the city was still holding out by January 1160. The fact that little crema could tie down the bulk of the Imperial army was not just an embarrassment but increasingly a problem. The Milanese were trying to use the absence of imperial troops to regain the initiative. They besieged the small town of Erba to break the blockade and who knows how long it would take before the old allies of Milan regain the courage to rejoin the fight.

At this point Marchesius, the master engineer of Crema defected to the imperial side. Whether he was bribed, had despaired of the cause of the little city or had been held under duress in the first place, we do not know. What he did though was pointing out the weaknesses in the city’s defenses. His recommendation was to attack again at the place the walls had initially been breached but this time to bring the tower up to the walls. He also constructed a second siege engine so that the wall could be attacked on two locations. The troops of Konrad, Count Palatinate on the Rhine and Barbarossa’s half brother and Otto von Wittelsbach were to lead the operation. They did manage to get onto the top of the walls under cover of the tower’s archers but did not manage to completely dislodge the Cremasci. Konrad’s standard bearer, Bertolf of Urach jumped off the wall into the city hoping his troops would follow him. But they stayed up and he was left alone in amongst the enemy. He was immediately cut down and one of the defenders scalped him, combed his hair and attached the gruesome trophy o his helmet. Whilst this goes on the defenders keep lobbing stones at the two towers and, fearing to be cut off, Konrad ordered his men to retreat.

Though the attack had failed, the two towers remained in position and any damage was quickly repaired. At that point the outcome was obvious. The brave citizens of Crema decided that the situation was hopeless. They began negotiations and capitulated on January 26th, 1160.

The next day the inhabitants of the city all left, being allowed to carry their moveable possessions on their backs. Even the men were allowed to leave as were the soldiers from Brescia, Piacenza and Milan after handing over their weapons.

The army of Germans and Italians then looted Crema for five days, burning the city down in the process. Not just the walls, but all the houses and even the churches were razed. Nothing was to remain of the city of Crema. It will be 25 years before Crema is re-founded and it is today a quiet, beautiful little town where Germans are no longer at risk of being scalped.

With Crema gone, the war of attrition with Milan became the focus of imperial activity. Because the siege had taken so long, Piacenza had rejoined their alliance with Milan so that most of the effort was focused on disturbing supply into Milan. The other key activity was the comprehensive destruction of Milanese food production in the Contado.

As before Barbarossa had to send back the re-enforcement he had received from Henry the Lion and others in 1160 as their time was up. New contingents from Bohemia, Thuringia and the archbishopric of Cologne were expected for April 1161. The Milanese tried to take advantage of the weakened position of the emperor and made a major attempt at taking out Lodi. But that failed. Subsequent attempts to break the blockade failed as imperial forces were strengthened. The conflict remained brutal and Milanese prisoners were hanged, and soldiers had hands cut off. It was genuinely nasty.

By August 7th, 1161 Milan was ready to negotiate. They had asked several German princes, including Barbarossa’s half-brother Conrad, the Landgrave of Thuringia and the Bohemian dukes to intercede on their behalf. They offered to reduce their walls, fill in their moat, destroy some tower houses, hand over 300 hostages and pay a fine of 10,000.

The princes had guaranteed the Milanese safe conduct for the negotiations and so the consuls arrived with a small contingent of knights. It is not clear what exactly happened there but Rainald von Dassel by now elevated to archbishop of Cologne and hence in control of 500 knights fell upon the Milanese and a fight broke out. Barbarossa ordered the princes to join the fight by they reduced being deeply offended that von Dassel had refused to honor their promise of safe conduct. Barbarossa and some parts of the imperial army joined Rainald despite the complaints.

The outnumbered Milanese fled towards the city, but the citizens refused to open the gates for them fearing the imperial army would follow them through. Several hundred Milanese knights and  consuls were taken prisoner. Thus ended negotiations

After that the siege tightened further and the imperial army apprehended anyone who dared to step outside the walls. Those found to be collecting food or wood had their hands cut off. The blockade became tighter and tighter and hunger took hold of the city of 150,000.

On 21st of February they dispatched their consuls to the emperor offering two options, unconditional surrender or a negotiated settlement. The second offer included the total destruction of their walls and towers, the building of an imperial palace of whichever size and location he desired, the acceptance of a podesta and a fee to be determined.

Though several princes suggested to take the negotiated option, in the end the hard liners around Rainald von Dassel prevailed. It was to be unconditional surrender. The Milanese were made to bring their Carrioco, the enormous war cart that was the symbol of civic pride all the way over to Lodi. There they would lay down their banners before the emperor and offer their lives to his mercy.

Barbarossa took 400 hostages and then decided to visit the city himself. He ordered all the inhabitants to leave and entered the empty metropolis with his army. And then he decided his verdict. Milan, that had so often razed cities to the ground, that had shown no mercy to the people of Lodi, of Como, of Novara or Pavia should suffer the same fate. The whole of the city was to be destroyed, its walls broken and the moats filled in, their houses taken down and the great campanile knocked down. Nobody was allowed to live there anymore, only the venerable churches were allowed to remain. The Milanese were told to move into the countryside and live in villages, as they had ordered the Lodese not so long ago.

Each of the Italian allies and the German contingents were given a section of the city and destruction raged for five days. Most of it was done with fire, but some, like the Lodese who had suffered so much from Milanese oppression were the most thorough.the Campanile fell on the cathedral, destroying on off the most splendid Romanesque churches and  making way for its current duomo.

This destruction of Milan is often attributed to the counsel of Rainald von Dassel, now Archbishop of Cologne. His hardline stance was very consistent across his career, and he did advice the emperor on this. Equally some of the Lombard communes insisted on a brutal punishment. But ultimately the decision and responsibility lay with Barbarossa himself.

Of all the loot that was taken from Milan during the five days following March 26th the most famous went to Rainald von Dassel. The relics of the three kings, the magi who had brought presents to Bethlehem at Jesus’ birth. He took them from the church of Saint Eustorgio where they were kept since Constantine had sent them in 314. They are now in a most magnificent shrine in the Cathedral of Cologne, a shrine believed to be the largest reliquary in the western world.

The year 1162 could well have been the high point of Barbarossa’s reign. All his opponents in Lombardy are now not just defeated but utterly destroyed. A viable system to maintain military power has been established with rotating forces coming over every 12 to 18 months. But it was not.

What put a major spanner in the works is the thing that always puts a spanner in the works of medieval German monarchs, the papacy. The relationship with Pope Hadrian IV had already deteriorated to a point where he was about to excommunicate the emperor in early 1160. That could only be avoided by the pontiff’s sudden death. As we will see next week, the election of a new pope prove difficult and we end up again with a schism, a schism that will last 17 years, dominating the political landscape in Europe.

I hope to see you then.

And in the meantime, if you feel like supporting the show or want to get hold of these bonus episodes, sign up on patreon.com/historyofthegermans. All the links are in the show notes.

Barbarossa brings back Roman Law

Today we will talk about part two of Barbarossa’s plan to take control of the kingdom of Italy. Part one was the subjugation of Milan and the softening up of the Communes. Now comes part two – the establishment of a new system of government for Northern Italy.

Hello and welcome to the History of the Germans – Episode 55 – The Laws of Roncaglia

Today we will talk about part two of Barbarossa’s plan to take control of the kingdom of Italy. Part one was the subjugation of Milan and the softening up of the Communes. Now comes part two – the establishment of a new system of government for Northern Italy.

Before we start just a reminder. 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 Ulf and Marcus who have already signed up.

Just to recap. By September 1158 Barbarossa had completed one of the shortest and most efficient Italian campaigns of the medieval period. He had set off from Augsburg in mid-July and by early September Milan had capitulated. By October, most troop contingents both those from north of the Alps and those of the communes were on their way home and all of Italy was his.

Barbarossa meanwhile is not going home. He takes a tour of Lombardy, visits Monza where his uncle had been crowned king of Italy and then calls an Imperial Assembly on the fields of Roncaglia for November 11th.

For the Italians this whole thing starts to look a little bit odd. Why is he still here? Milan has fallen, imperial honor has been restored and the army has returned home, so surely the emperor is going home too. There must be some domestic issue or feud or something that requires his presence up north. But it can’t be helped; they show up as requested, hoping that all he wants is a last knees-up before going home.

They are in for a shock. Barbarossa is going to unleash on them a new and unexpected   weapon, more devastating than a trebuchet and more cunning than a Bohemian king, I talk of course of the professional lawyer and the Roman Law.

Roman law wasn’t new nor was the professional lawyer. Both flourished over in Constantinople. It was just in Western Europe where it had not existed for centuries.

Before 1100 law in Europe was a hotchpotch of local customs, some law codes issued in the 6th and 7th century by Germanic rulers most famously the Salic law then there were the rules of feudal law, whatever that was, we have ecclesiastical rulings and some remnants of Roman law practice, the latter only really in Italy. These laws were incoherent, patchy and often contradictory and hence judgements were unpredictable.

Judgements were provided either by a jury of peers or by the ruler alone. None of them had any legal training, making again the outcome of cases unpredictable. And finally access to justice was limited. Part of the privileges aristocrats believed they had was to bring cases to the emperor, meaning a plaintiff needed an aristocratic sponsor to get a hearing. Court procedures were also unregulated, and decision were often taken without detailed investigation or without the other party even given a chance to respond. One such case was Barbarossa’s decision to support the Lodi against Milan in 1154, without hearing the Milanese and in fact without even hearing the city leadership of Lodi either.

This state of affairs was unsatisfactory but acceptable for a largely rural society with limited monetary exchange dominated by personal obligations rooted in status as serf, free man, noble or prince. It was utterly unsuitable for the urban world of Italian communes. Merchants relationships were ruled by contracts.  They needed clarity on their legal position in order to properly assess the risks of transactions. Is

Attempts had been made to codify the existing laws into a coherent structure for example under King Henry I in England, but even there in the most advanced governmental system in Europe the task was unmanageable.

That is why the rediscovery of the Codex Juris Civilis of Emperor Justinian in some Italian convent was such an immediate success. The Codex Juris dates back to about 530 AD and contained a comprehensive, ordered, coherent and rational set of laws designed for the sophisticated urban society of the Roman Empire. It did not just contain the laws but also a collection of authoritative legal opinion on these laws and a textbook that helped students to learn to understand the law.

To understand how groundbreaking the Codex juris is, it is important to understand the different between a compilation of laws and a codex. Hansard is the official report of all parliamentary debates in the British parliament since the 18th century. It is the official record of all the laws of England and Wales. It is also very long. There are more than 600 volumes since 1980 and the total is supposedly over 2000 volumes. Neither are all these laws equally important nor is anyone physically able to read all this. And then there is the question how well all these statutes interact with each other and how the regular citizen can get an understanding of the law.

The Codex Juris is by no means short nor is it an easy read. But it is a lot shorter and a lot easier to read than Hansart. The difference between a compilation and a codex is not what is in it, but what is not in it. When the Codex Juris Civilis was created in 530 there were already several compilations of imperial legislation and of authoritative legal texts. These laws and opinions would sometimes say the diametrically opposite. The authors of the codex took all these compilations and ordered its content by subject. Then they looked at the different rules side by side and decided for one and ditched the rest. Rationality was the key driver of the decision which rules to keep. Does this rule fit with the overarching concept, does it operate in harmony with others or is it likely in tension with another part of the codex. Does it provide a fair and equitable outcome? They did the same with the authoritative legal texts from famous jurists of imperial Rome. They again ordered them by topic, matching the list of topics in the codex and stripped out the bits that were contradictory or out of synch with the overall structure.

What came out in the end was a legal system as opposed to a list of rules. A system that was logical within itself. It was also abstract. For instance, it required agreement over price and object as a requirement for anything being regarded as a contract. It does not matter whether it is a contract over a bag of grain, a journey to Constantinople or the marriage of your eldest daughter. That means the rule could still provide useful answers to issues the writers had not anticipated.

The Codex Juris was designed for an urban society that was used to import grain from Egypt, silk from China and tin from Cornwall. It was so far advanced compared to all existing law codes it was as if you had given a copy of Einstein’s theory of general relativity to an 18th century natural philosopher. The lawyers of the time could understand it after years of diligent study which propelled the application of law forward literally by centuries.

The bits that worked very well for the Italian city states and that they first adopted were the civil law parts, law of contract, law of ownership and the like. Such topics were simply non-existent in most Germanic codes. For instance, the Sachsenspiegel, a collection of the ancient laws of the Saxons that remained in force in some way until about 1900 had no provisions on how contracts are entered into, the obligations of the parties under the contract etc. It simply wasn’t something the rural society of 12th century Germany had any need for.

And, what the Italian merchants also preferred was the judge-centric legal system Roman law prescribed. In the German legal tradition, judgements were made by a jury of peers. And that is unsuitable when it comes to adjudicating complex contractual arrangements. A jury rarely has the time and the training to assess the content of a 100-page contract. I know that in some US states juries decide on such matters, but let’s just say it is a model rarely copied elsewhere. Professional lawyers who had spent years training in Roman law are more suitable judges on such matters, not because they are any less biased, but because their decisions are more predictable. They will by and large use the same sections of the law and the same legal commentary to derive their decisions, which means their judgements should be similar.

And the third component that contributed to the success of Roman law amongst the merchant elite of Italy was the concept of equity. Equity is the idea that if the outcome of a mechanical application of the law would result in an outcome that is apparently unjust or obviously not what the parties intended, then the learned judge can alter the outcome to a more sensible result. That reduces predictability but was extremely useful in cases where an unpredictable set of circumstance could lead to a frustration of the parties’ intents. Take the loss of a valuable cargo on a ship travelling from Constantinople. There are hundreds of things that could have caused that, a drunk captain, a storm, an incompetent pilot, pirates, fire on board from cooking, fire on bord due to lightening, spoiling of the goods due to heat, incompetent storage, incompetent storage ordered by the recipient etc,. etc,.  pp.

Equity is a useful concept. I can say that because I remember a time in my dissipated youth when I spent a long night writing a force majeure clause in an English law contract – where equity does not exist in the same way – and had to think of all the things that could happen to a chocolate factory in Bulgaria. And whatever had gone wrong with that factory – and in all likelihood something had – it was not on that list. I might be biased but Equity is a much more useful way to deal with that uncertainty than letting interns slave away through the night.

So, Italian merchants were supportive of the Corpus Juris as it gave them a legal framework for their commercial existence, a judiciary that could produce predictable resolutions to disputes and a concept of equity that balances potentially unjust outcomes.

But the Codex Juris did not just contain contract law and court procedure alone, it also contained something like the constitution of the Roman empire. And that constitution in the year 530 was that of an autocratic regime. The emperor was the source of all laws and stood above the law. Law was what pleases the emperor. There is even an explanation inside the Corpus Juris where the imperial authority had come from. According to this theory, the right to pass laws had originally rested with the Roman people but that under Augustus they had permanently transferred this right to the benevolent emperor. 

Subsequently under the Roman law the princeps could pass or cancel any law he liked, he can appoint the judges who are responsible to him, and he has a wide range of privileges, we will discuss in a moment.

For Barbarossa the Corpus Juris was even more an answer to all his prayers than it was to Italian merchants. It solved so many problems.

His first problem was still the foundation of his authority. The Ottonian emperors had derived their authority from the concept of sacred kingship, from being the vicar of Christ on earth. But following the investiture conflict this source of authority had been lost, or worse was now residing in the papacy who could enfeoff the emperor with it. That was unacceptable to Barbarossa because it meant the pope could easily choose someone else, say the Byzantine emperor or the King of France and make them emperor.

But where, if not from the Pope where does his authority come? Well, it is there in black and white in the Codex Juris. The emperor has absolute power over all citizens of the empire because that power has transferred to his predecessor the divine Augustus in the first century. In fact, imperial authority predates the popes and even Christianity and hence is independent of papal authority.

His second issue was that imperial administration had so far relied entirely on the chancery which was staffed with churchmen. Even though Barbarossa was able to retain the loyalty of his bishops and the German church in general throughout his reign, having a non-ecclesiastical source of smart administrators would be extremely useful. And that is where the school of Bologna comes in. They are churning out a near endless stream of young, highly trained and mostly impecunious men that could be put to good use in the imperial administration. And they will. For instance Pietro della VIgna the chancellor of Barbarossa’s grandson Frederick II was one such jurist who had studied in Bologna on a scholarship.

The third problem was more specific, how to exercise power in Italy. The German governance system did no longer work in Italy. The bishops and princes through which the emperor exercises power in Germany were simply too weak in Italy. The episcopal rights and privileges had transferred to the communes and the major princes had largely disappeared except for parts of Piedmont and some pockets in central Italy. What was needed was a legal definition of the relationship between the powerful communes and the emperor. And that is where the Corpus Juris comes in.

It was so simple. The communes had already adopted Roman law. And the corpus Juris was a codex which means it was a coherent unified law, not a pick’n choose. So conceptually if you use the rules on contract law you also accept the absolute rule of the emperor.

During this assembly in Roncaglia, Barbarossa took this line very forcefully. He did promulgate the so-called Laws of Roncaglia. They are so-called laws of Roncaglia because these weren’t new laws. The way he framed it was that these were just reminders of what the law already was according to the Codex Juris.

Let’s see what that means specifically.

The first is the Lex Regalia, the law of the imperial rights.

Do you remember the oaths that Otto and Rainald have made 57 Communes swear earlier in the year? It is the one where the citizens of each city have promised that they “shall not deprive him of his royal rights here or elsewhere, and if they should be taken from him I shall in good faith aid him to recover and retain them.”

Barbarossa thinks it is time to be a bit more specific about these royal rights. Like very specific, like having a piece of paper saying exactly what is is, specific. For that he enlists the help of the famous jurists of the university of Bologna. These four great doctors, I spare you the names, are held in the highest regard across Europe for their knowledge and understanding of the Codex Juris Civilis of Justinian. Barbarossa tasks them to produce a comprehensive list of all the Regalia, the royal rights in Italy. The lawyers draft in 28 further lawyers, one from each major city to help with the task. The professional lawyers are unleashed.

This commission comes up with a long list of regalia which include ownership of all public roads, navigable rivers, harbors and riverbanks, the right to demand any kind of tolls for transit or use of bridges, the right to mint coins, income from fisheries and salt mines. The crown also owns all lands without an owner, the property of traitors and convicted criminals and of those who live in incestuous unions. And half the treasures found on imperial or church land and all of it if he assisted in its recovery. All silver mines. The right to commandeer ships and conveyance of goods on roads. The emperor can also demand a special tax for an imperial expedition, the so-called Fodrum.

And now comes the smart bit. The Laws of Regalia stipulates that whoever currently exercises these rights has to prove ownership with an imperial charter explicitly awarding these rights.

As I mentioned before, these rights had been lost to the crown during the long imperial absences from Northern Italy. They were initially assumed by the bishops and then by the Italian communes.  Some of the bishops had received imperial charters confirming the transfer of these rights, but only when they were loyal to the emperor against the pope – so not that many. Usually the bishop had simply taken the rights without ever saying please and thank you. In the early 12th century, the communes wrestled the privileges from the bishops and again there was rarely an imperial charter confirming the transfer. They may have forced the bishop to sign a paper transferring the rights, but that was illegal without consent of the emperor.

That was it. Nobody had the necessary papers and bingo, the emperor could claim the lion’s share of all these sources of income. To get a bit of context around that. The regalia are estimated to have produced an income for the empire of 30,000 mark of silver per year. Compare that to the fine Milan paid of 9,000 mark of silver or the 400 mark of silver Henry the Proud and Pope Innocent II fell out over which cost the Welf the crown. 30,000 mark silver per year is an unimaginably large sum, dwarfing anything Barbarossa could get from Germany. And more importantly any resources any of the great German princes could ever mobilize.

The law on the regalia has some elements of Roman law as we have seen, but it is at heart still going back to traditional concepts of ownership and enfeoffment. There are three more “laws” in inverted commas that are pure Roman law.

The first is the lex palatina, the “law of the palaces” that stipulates that the emperor can erect palaces inside any city if he so chooses. When we talk about Palaces here, they aren’t luxurious homes. A palace or Pfalz in this context is a fortified structure inside the city housing a garrison as well as imperial bureaucracy. The cities that used to house an imperial palace like Pavia and Ravenna had tried to get rid of them since time immemorial. You may remember in episode 22 when emperor Conrad II gave the citizens of Pavia a harsh telling off for destroying the imperial Pfalz in 1024. The last thing any Italian commune wants is an imperial stronghold imposing central authority over the city council and the consuls.

The second one is the Lex Tributum, Law on Tributes which re-establishes the taxation system of antiquity. The emperor is thereby entitled to raise a fixed amount from each citizen as a regular poll tax as well a tax on property. If you have been following the podcast for a while you know how important the ability to raise regular taxes is to the formation of stable political entities in the Middle Ages. One of the key reasons the kings of England could fight two hundred years wars against a much larger France was their ability to raise taxes. Can you imagine how European history would have unfolded if the Holy Roman Emperors had been able to raise taxes from the richest region of Western Europe? To the Italians relief this law was not to be implemented immediately. It was more of a reminder that the emperor can bring such taxes.

The third is the lex omnis iurisdictio which declares that all jurisdiction and coercive power belongs to the prince and that all judges receive their authority from the prince and have to swear an oath to that effect. That de facto abolishes the municipal courts and replaces them with imperial courts.

All this is indeed legit under the Codex Juris Civilis and the four great Doctors of Law tell the Italian Communes that this is what it is. Barbarossa gets up and allegedly delivers a speech dripping with Latin quotations and references to the Codex Civilis. Not bad for an illiterate man with modest if not negligible Latin.

At the end of the speech the bishops, nobles and communes formally renounce their regalia and swear an oath on the four laws. Rahewin even tells the story that the communes suggest to Frederick that he should appoint a Podesta in each commune to ease implementation. A Podesta was usually an external person of good standing who was given dictatorial powers over a city for a fixed period of time. These Podestas had become necessary as strife between factions inside the city had become uncontrollable. You may have seen the pictures of San Gimignano a small town in Tuscany which has preserved many of its medieval tower houses. Practically all Italian cities were full of these family fortresses that are a physical manifestation of the brutality of city politics. It is the Capulets against Montagues everywhere.  As positions hardened between different family factions the cities became ungovernable and hence the need of a Podesta to stand in the middle for a fixed period. An imperial Podesta chosen by Barbarossa and installed for an indeterminate time is a very different proposition.

The whole these laws and the Podestas are a massive case of imperial overreach. Compare the laws of Roncaglia with the terms of the surrender of Milan. The Laws of Roncaglia are even more intrusive than the terms the defeated city had to sign.

  • Milan was allowed to keep his consuls and elections without a podesta
  • Judicial authority was awarded to legates only in cases involving the honor of the empire not everything
  • There was no mention of taxes, just a one-off payment.

It is hard to understand why the cities, in particular those who had been fighting alongside Barbarossa against Milan would accept such terms. Well, they may just have sworn to all these things, not out of conviction, but because they were standing in a muddy field outside Piacenza surrounded by the now much smaller but still lethal army of Barbarossa.

We will see next week how all this pans out.

But before we do that, let me just talk a little bit more about Roman and German law.

There is no doubt that Barbarossa would have loved to extend the laws of Roncaglia to the entirety of his empire. But German legal traditions were fundamentally at odds with Roman law.

At around the same time in 1220-1230, Eike von Repgow will publish his Sachsenspiegel, or Saxon Mirror a collection of Saxon laws and customs as they had been passed down by his forefathers.

It does not cover all areas of the law but focuses on two areas, the Landrecht, which is the laws governing the interactions between free men and women. It is focused on topics like property rights, inheritance, family law and neighborhood disputes. The Landrecht also includes criminal law stipulating mainly compensation, so-called wergild for injuries.

The second part is the Lehnsrecht or feudal law. It determines the rights and obligations between the different layers of society starting with the king and going down to spiritual and secular princes, lords, free men of substance and other free men subject to feudal obligations.

And finally, it covers the courts, namely that the court is comprised of a jury of peers presided over by the king or a count.

You see the difference. Roman law is rationality versus Germanic law is tradition. Roman law is focused on issues in an urban society whilst Germanic law covers issues arising in a rural society. Roman law is applied by professional lawyers, Germanic law is applied by peers. In Roman law the emperor is above the law and makes the law, in Germanic law the king is subject to the law and new law arises from precedent and customs.

These two systems could not be more different.

We will get to hear more about Roman law and Germanic law traditions as we go along, but here are the broad outlines what happens.

Roman law will take hold in Italy and France. Once the school of Bologna stipulates that each king is the emperor in his own kingdom and hence can pass any law they like, the French Kings get on board. The Capetians found the university of Montpellier specifically to produce lawyers trained in Roman law to staff their administration. These professional lawyers even formed their own type of aristocracy, the Nobles of the Robe who controlled the high courts. After the revolution the concept of a rational and coherent code of law still appealed and leads to a modernized form of the Codex Juris, the Code Civil promulgated by Napoleon in 1804. The Code Civil is still in force in France and several other countries, obviously with modifications along the way.

In Germany, as always, the situation was a bit more muddled. Roman law and professional lawyers became an important tool for the princes to manage their territories. It ultimately became the law of the Empire and so formally reigned supreme. However, Germanic law and compilations like the Sachsenspiegel was not completely abolished. It was presumed to remain in force thanks to a privilege granted by Charlemagne, which almost certainly did never exist. That meant It could be applied to disputes between Saxons, but all cases involving non-Saxons or areas not covered by Germanic law, Roman law was dominant. In fact, the Sachsenspiegel was still cited as a source of law in 1932.

But ultimately German law ends up based mostly on Roman law foundations. When the Bürgerliche Gesetzbuch, the code of civil law was passed in 1900 its structure and content was heavily influenced by the codex civilis. For instance, Courts are judge centric and laymen are only involved in some parts of criminal law.

There is however one legal tradition where  Germanic law concepts still prevail. And that is English law. It is not that the Kings of England were unaware of Roman law. Absolutely not. Allegedly a copy of the Codex Civilis had come to Oxford as early as 1149 and many advisers and clergymen of the Plantagenet kings had been trained in Roman law.

According to Norman Cantor it was mostly an issue of convenience. England already had a functioning legal infrastructure with shire courts and hundred’s courts that would be difficult to replace. Moreover, these courts did a decent enough job as far as the king was concerned. They managed themselves, i.e., did not cost him much and transferred a steady stream of fines and court fees to the king. And as for the concept of an autocratic king as the source of all laws, that was hard to push through after Magna Carta and the provisions of Oxford. I mean one King tried but lost his head over the issue.

So, there you go. Germanic law traditions no longer apply in Germany but via English law are still in use in the US, Canada, Australia, many commonwealth countries and dominate the world of international trade.  And poor law interns still sweat over risks to Bulgarian chocolate factories through the night

As mentioned before, next week we will see how the Italian cities take the laws of Roncaglia. Spoiler alert, not well. And Barbarossa looses the moral high-ground when he accepts cash for conflict from the Cremonese. I hope you will join us again.

And in the meantime, if you feel like supporting the show or want to get hold of these bonus episodes, sign up on patreon.com/historyofthegermans. All the links are in the show notes.

Barbarossa conquers Milan for the first time

This week we will see Barbarossa try using his freshly minted army to take down the city of Milan, a city of 150,000 and the one commune that he needs to defeat if he really wants to establish imperial rule in Italy

Hello and welcome to the History of the Germans – Episode 54 – A Bohemian bluff

This week we will see Barbarossa try using his freshly minted army to take down the city of Milan, a city of 150,000 and the one commune that he needs to defeat if he really wants to establish imperial rule in Italy

Before we start just a reminder. 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 Rune and Danielle who have already signed up.

Last time we talked about Barbarossa’s efforts to put together a much larger force for his second Italian campaign. This force of 10,000 knights has now gathered and in July 1158 four separate armies set out for Italy. The duke Henry Jasomirgott of Austria, the duke of Carinthia and the fearsome 500 Hungarian horse archers come through the Val Canale, the far northeast of Italy. Franconian, Swabian and Rhineland forces come down the Septimer Pass straight on to Lake Como, Berthold von Zaehringen comes by the westernmost route through Burgundy and Barbarossa himself comes via the Brenner pass.

A mighty force indeed, but what was the plan? The plan was simple, Barbarossa wanted to make himself the ruler of Italy, a ruler even more powerful than Charlemagne or Otto the Great, a ruler who brings peace, law and order to Italy. Yes, I know…. The immediate objective was to bring Milan to heel, a city that had insulted imperial honour more than once and being the most powerful of the communes that needed to be subjugated if genuine control was to be established.

How this was to work the Italians were told well before the first warhorse was saddled and before the first oxcart rattled up the serpentines of the Alpine passes..

The reason they knew was simple, Barbarossa had let them know. His two best men, Otto von Wittelsbach and Rainald von Dassel had been in Italy since January rallying support for the emperor.

Otto von Wittelsbach you have already met. The most fearsome warrior of the time, he was the man you called if you needed somebody’s head smashed in. Rainald von Dassel was the ideal complement to the Bavarian Agrippa. Rainald was the man you called when you needed heads penetrated by thoughts rather than axes.

Rainald von Dassel was the second son of a rich count from lower Saxony and as such embarked on a career in the church. He advanced quickly and by 1157 was made imperial chancellor. This position has become increasingly important under Conrad III and now Barbarossa. He was in charge not just of the production of Imperial charters but would become one of the closest advisers of the Emperor. How important he was in setting the imperial agenda is one of the most hotly debated questions about Barbarossa’s reign. I will leave that open for now and we may come back to it later. What is clear is that von Dassel took a very strong pro-imperial, anti-papal stance. He firmly believed that the empire was equal in honour and standing to the papacy and that the emperor derives his authority not from the pope than from God himself. The Holy Empire may be one of his inventions. He appeared last episode when he translated “beneficum” as fief in the letter from Adrian IV that started the whole brawl with the cardinals.

He was of sharp intellect, well-educated and though we do not know where he acquired his education, had a thorough understanding of canon as well as Roman law.

So, these two, the imperial brawn and the imperial brain were down in Italy without an army just protected by the Imperial authority. They travelled from commune to commune and made the citizens and their consuls and senators swear an oath of allegiance to Barbarossa. Let me quote the entire oath to you because it gives you a great impression what is about to come. So here we go:

Quote “I swear that from this time forth I shall be faithful to my lord Frederick, the emperor of the Romans, against all men , as is my lawful duty to my lord and emperor, and I shall aid him to retain the crown of the empire and all his prerogatives in Italy, namely and specifically the city of X* and whatever jurisdiction he is entitled to have in it , or in his power over the county or bishopric of X*. I shall not deprive him of his royal rights here or elsewhere, and if they should be taken from him I shall in good faith aid him to recover and retain them. I shall be party to no plot or deed to cause him the loss of life or limb or honour or to be held in dire captivity. Every command of his, given me personally, or in writing, or through his representative rendering justice, I shall faithfully observe, and I shall by no evil means evade hearing or receiving or complying with it. All of these things I shall observe in good faith without deceit. So help me God and these four Gospels.” end quote.

This translation is by the way taken from John B. Freed’s recent biography of Frederick Barbarossa, the first biography in English and a really great one at that.

Let’s unpack this. What the communes swear here are two things. One is that they commit to help the emperor in his military operations in Italy. This is not unusual. We have seen before that emperors or kings of the Romans could rely on support from some Italian communes.

The second part, on  the face of it, does not seem to be anything new either. The commune promises to respect and if lost help recover his ancient rights. But then think about the context. These last 100 years the emperors had made no more than fleeting visits to Italy. Though they kept issuing charters to Italian counts, bishops, cities, nobles and monasteries, they did not exercise any actual power in Italy outside their occasional campaigns. The bishops were the ones who initially stepped into this vacuum and took on the rights and prerogatives of the emperor. Over time the communes took the rights away from the bishops. By the time Otto von Wittelsbach and Rainald von Dassel journey through Northern Italy the royal rights to markets, bridges, tolls, taxes and jurisdiction had been taken over by the communes and their elected leaders for decades.

With this oath the cities promise to return all the rights back to the emperor, subject themselves to imperial judgements and even promise to proactively help recovering these rights where they have been lost.

Apparently 57 Italian communes swore the oath and sent troops to the emperor. 57! Some like Cremona and Pavia were long time allies of the empire Then there is Verona which had been hostile for a long time and even Piacenza, an erstwhile staunch ally of Milan swear fealty. Modena, Ferrara and Mantua places further south who had stayed out of the way of the fighting sign up and even Rome, where just 3 years earlier Barbarossa’s knights had piled up the bodies sent soldiers to the imperial army. In total the Italians may have added 5000 knights and a lot more infantry to the campaign.

And that leaves you with one question, why on God’s wide earth did these proud communal leaders swear an oath of submission? These communes that did regularly fight each other with astonishing brutality over even the mildest indication of contempt for their rights, why would they subject themselves to imperial justice? Not only that but offer military assistance in his efforts to subject them?.

Several reasons spring to mind. The first was that Milan had become ever more aggressive after the emperor had returned home in 1155. They had again destroyed the barely rebuilt Lodi, overran Novara and built a new bridge over the Ticino River to attack and defeat their greatest enemy, Pavia. Meanwhile Brescia, an ally of Milan had attacked and defeated Bergamo. Altogether Milan had become disconcertingly powerful. And every time a city like Milan expands its territory it gains new neighbours and neighbours are by definition enemies. Hence even cities that were traditionally hostile to the empire may have given support for this campaign just to re-establish the balance of power.

The second consideration was the one that always applied to Italian campaigns, they do not last very long. Ever since anyone in Italy could remember the Germans never stayed more than 18 months. Signing some piece of paper that would keep these fearful warriors away for now was a cheap price to pay in particular when you can file this paper in the great dustbin in the sky once the emperor turns his horse towards the Brenner pass. And maybe you can get him to burn down your neighbour as well.

And there was a third reason. Barbarossa and his paladins Otto von Wittelsbach and Rainald von Dassel had gained a level of authority not seen in an imperial administration for a 100 years or more. Barbarossa’s success in unifying the chaotic kingdom north of the Alps did not go unnoticed, nor the respect he commanded amongst the kings of France, England and Hungary. Imperial PR has become clear, concise and convincing in part thanks to the brilliance of Rainald von Dassel. The military feats of Otto von Wittelsbach and others were the talk of all of Italy and they keep adding to them.

When the two envoys came down to Ravenna and encountered some senior citizens who they suspected of treason, Otto and Rainald immediately charged them with just 10 armoured riders though their opponents numbered 300 knights.  Otto and Rainald took many prisoners and Ravenna instantly caved and swore allegiance. So did Ancona despite the Byzantine garrison they hosted in their midst.

So, for the Italians all this was seen as a transitory thing. They would be good boys and girls for the time the emperor and his mighty warrior are in Italy and help putting Milan back in its place, but just wait until he and his fearsome friends are back home, then the gloves come off and the old games start again.

Barbarossa and his circle saw this very differently. They were coming to Italy to stay. The old kingdom of the Lombards was part of the now Holy Empire in the same way as Saxony and Lothringia are. And as in Saxony and Lothringia, it is now time to rebuild imperial authority. The offer was to be the same as it had been North of the Alps, peace and justice in exchange for obedience..

Barbarossa had seen the utter brutality of Italian warfare where cities aimed to wipe each other from the face of the earth, and concluded they must want peace even more than the Germans and hence should be prepared to give up even more rights to gain the security a strong emperor can procure.

As so often in world history, at the heart of the most persistent and vicious conflicts lies a misunderstanding. 12th century Italians are badass and have no interest in peace at all. What they care about is the freedom of their commune.

But before we get to this misunderstanding. Let’s talk about the thing everyone, or almost everyone agreed on, the reduction of Milan. Well obviously the Milanese did not agree.

Milan in 1158 is one of the largest, richest and definitely most powerful cities in Europe. Its population may now have risen to 150,000 almost near its preindustrial era peak of 200,000. All these numbers are rough estimates, but I go with Chris Wickham for the 200,000 estimate that makes Milan roughly twice the size of Genoa and Venice at the time and multiples larger than its closest neighbours and enemies, Pavia, Lodi, Novara and Como. The city is ancient, dating back to the time of the Roman republic, had been a capital of the empire and its former archbishop St. Ambrose has imbued it with a sense of episcopal superiority.

The territory of Milan is protected on three sides by rivers, in the east the Ticino, in the south  y the Po River and in the west by the Adda. In the North are the alps and the lakes, Lago Maggiore, Lago di Lugano and Lago di Como. Any attacker would first have to cross either the alps or the rivers to get into the Contado, the lands of Milan.

The city itself was surrounded by walls the emperor Maximian had erected between 285 and 305 when he took up residence there. The walls had six major gates, all still in Roman masonry. The Milanese army is estimated at 3,000 knight and 9,400 foot soldiers, so roughly a fifth of the size of Barbarossa’s forces. The city militia was divided into 6 units, each defending one of its six gates.

The centre and focal point of the communal armies was the carroccio. The carroccio is a sacred cart that carries a portable alter and a mast to fly the city’s battle flag. I will publish a picture on the histioryofthegermans.com website showing the carroccio of Milan. That thing was simply enormous.  Pulled by 8 oxen it carried a full-sized church alter with an enormous crucifix attached to the mast. On the mast the Milanese would fly the flag of St. Ambrose, the city saint who also happened to have been a bishop who stood up to the emperor Theodosius and won. The cart was the symbol of Milan and rallying point for the army should they get under pressure. Given it was an ox cart it was extremely slow and hard to manoeuvre, meaning that the army who defended it could not retreat unless it gave up the holy cart and giving up the holy cart was a no go. So, the armies of the communes would fight ferociously not yielding quarter. Big difference to the imperial standard bearer who sits on a fast horse and can turn tail when needed. If you asked me who was more committed, an army of German knights or an Italian Communal fighting unit, no question, the Italian Communes were way tougher.

The Milanese are aware that Barbarossa is coming, and they add a third line of defence on top of the rivers and the Roman walls. Under the guidance of their main siege engineer, Guintelmo the Milanese had dug a moat around the whole city and used the earth to create ramparts behind it. These ramparts were manned by the city militia. All in, Milan was an impressive defensive position.

Barbarossa’s army began now to arrive in Italy in late July.

The concept was to envelop the whole of the Milanese Contado. The three German army units that had come down with Barbarossa and Henry Jasomirgott were to occupy the eastern limits of the Milanese territory along the river Adda. The Italian communal allies were to hold the southern frontier along the Po River and Berthold von Zaehringen was coming from the west to occupy the frontline along the Ticino River.

The first to arrive in theatre were the Bohemians, sent ahead for logistics reasons. The army was simply too large to come down in one go. As the Bohemians waited in Veronese territory busying themselves with the occasional bit of logging in orchards and olive groves, the concerned citizens of Verona suggested to them to go over to the territory of Brescia and burn and pillage there, at least that was enemy territory. And that the Bohemians did as told – with great success. Brescia cancelled their alliance with Milan, paid some fine gold, swore the oath and even send soldiers to reinforce Barbarossa’s army.

The next issue was to get the army across the Adda, the first of the Milanese lines of defence. The Milanese had part destroyed all the bridges over the river, usually by taking out the central part. They did not want to completely destroy the bridges for obvious reasons. A party of Milanese knights followed the imperial army on the opposite side of the river, preventing any attempt to repair and cross the bridges.

Barbarossa split his army and left one detachment at the bridge at Trezzo whilst moving the bulk of the army further south to Cassano where there was another bridge. Milanese forces occupied the opposite sides of both bridges.

Under the cover of darkness, the king of Bohemia and his men travelled further south searching for a place to ford the river. The Adda comes straight from the Alps and the melted snow had turned the otherwise mellow stream into a torrent. Vladislaus and his men found what they thought was a suitable crossing and plunged in. Sixty of his men were swept away into certain death but the bulk of his forces managed to get across. They gallop up to Cassano and overwhelm the Milanese holding their side of the bridge. Now a race against time begins. Some of the Milanese had escaped and are alerting the main army who will come and crush the Bohemians, unless Barbarossa can get his men across in time. Bohemians and Germans are ferociously cutting timber, adding joists and laying planks to effect some repair. As soon as the construction looks viable men, horses and armour cross, but the bridge collapses again taking more men to their watery grave. Though they work through the night, by sunrise the bridge is still not finished, and the Bohemians are still not reinforced.

That is when the whole Milanese force arrives. Vladislaus knows that he is basically dead. There is no way he can get back over the river the way he had come, and his 1000 men have no chance against the Milanese army of 10,000. With the courage of the damned he lines up his men and marches to meet the enemy. The Milanese see the Bohemians coming but cannot see what is behind them. They conclude this must be the advance guard of the imperial army of 50,000 because who would be mad enough to fight odds of 10 to 1. The great host of St, Ambrose turns tail and runs back to where they had come from. Useful life hack, if you ever get invited to play poker with a guy called Vladislaus, don’t.

That same evening Barbarossa can finally cross the River Adda. They take the strategic castle and bridge at Trezzo as well and with that, the first line of defence has fallen.

Instead of immediately going up to the city, the army first goes down to Lodi which the Milanese had razed again during the absence of the emperor. The Lodese have finally realised that the current location of their city may not be that great with Milan burning it down all the time. So, they ask the emperor to find them a new and better place, which he did. On the 3rd of August 1158 Barbarossa founded new Lodi 5 miles east of the old place. Since the Milanese have not become any nicer to the people of Lodi over the centuries and the city is still where he suggested, he seemed to have had a good eye for city planning.

The other reason for the delay is that Barbarossa is keen to do things by the book this time. As the future ruler of Italy, he needs to appear fair and considerate. He maintains strict discipline in the army, keeps Germans and Italians separate, regulates prices merchants can charge the soldiers and prohibits women inside the camp.

Not only that, when some learned jurists point out that to make his war just, he needs to formally summon the Milanese to his court again and give them a chance to prevent the siege. The Milanese indeed appear and now that their first line of defence had fallen, try to end the war by offering presents and a form of penance to restore the imperial honour. Barbarossa and some of his princes are considering an early peace, if not because we are in August now and – as you know medieval Germans and Italian summer do not go well together. 

But the archbishop of Ravenna, Anselm von Havelberg, a great theologian, strict Premonstratensian and according to many a holy man, objects. The pious prelate insists that the Milanese cannot the trusted and that in revenge for all the cities and churches they had destroyed, they do not deserve any mercy.  They are to unconditionally surrender to imperial justice. Anselm carries the day and he gest his siege, a siege during which he dies. I am not making comment here, I do not want to be called condescending towards the church again, but.

On August 6th the army arrives before Milan. Despite an army larger than anything a northern ruler had yet brought to bear on a Lombard city, it was still not large enough to invest the whole of it. The army takes position outside the eastern gates of the city, the Porta Romana, Porta Tosa, Porta Orientale and Porta Nuova. The Milanese defend their gates for a month against an army 5x their own forces. The walls are old and as the chronicler Vinzenz of Prague said, the defenders relied more on their bravery than on their masonry. They nearly scored a success when they attacked the Swabians under the just 13 year old Frederick of Rothenburg who had to be rescued by the Bohemians.  This constant heroism of the Bohemians began to irritate the other princes and they redoubled their efforts. Otto von Wittelsbach, who else, broke through to the Porta Nuova and began burning the wooden gates, but the city militia finally pushed him back.

One of the most curious defensive structures was the Arco Romano, a four-sided triumphal arch positioned 600 meters in front of the Porta Romana. The Milanese had placed a suicide squad of forty men inside the 500 year old structure. These guys were a real problem as they could rain down arrows on the army camped outside the Porta Romana. The Arco had to fall and so engineers from Cremona began to undermine the construction in order to bring the arc and the men down. Fear of collapse or  arrows from below that occasionally hit the brave fighters finally forced them to surrender. The imperial allies erected a stone catapult, a petrary on top of the arch that hurled stones into the city. The Milanese retaliated with their own trebuchet that succeeded in destroying the one on the Arco Romano.

You see, warfare in Italy was a lot more sophisticated. The sources dedicated praise not just to valiant knights but more and more to crafty engineers.

But all that sophistication did not bring Milan down. What turned the tide in favour of the holy emperor was old school torched earth tactics. The Kaiser’s troops and sometimes he himself would raid the western side of the city and far and wide into lands of Milan. That forced the peasants and their livestock into the overpopulated city. The place began to fill up with dirt and animal carcasses which bred disease. The more reasonable citizens of Milan concluded that this could become really unpleasant and decided to sue for peace.

By August 14th, 2 days after the death of the bellicose bishop negotiations began and by 1st of September a formal peace agreement was concluded. The agreement attempted to balance the interests of Milan to retain the independence of its commune with the imperial claim to true lordship over Italy.

The main terms were as follows:

  • Milan promises to leave Como and Lodi alone and recognize their independence
  • All citizens between the ages of fourteen and seventy swear allegiance to the emperor
  • The city pays a fine of 9,000 marks in gold, silver or coin
  • The city had to release its prisoners and provide 300 hostages, 150 of which can be taken across the alps

So far so normal, but now come the more contentious sections:

  • The city will build the emperor a palace inside the walls, which basically means the emperor gets a fortified castle in their midst.
  • Imperial legates were given the right to “hear cases”, i.e, administer justice “for the honour of the empire”. Not sure what that exactly means, but if I was Milanese, I would fear a term so flexible could lead to full imperial control of the judiciary.
  • And finally, the empire regains all regalia that had been alienated since the time of Otto the Great, these are the right to mint coins, market tolls, transit tolls, gate tolls and all ancient rights associated with the county. Any dispute about regalia was to be heard before an imperial court.

As this was not an unconditional surrender, Milan was allowed to retain some privileges. Namely they were allowed to elect their consuls though these needed imperial approval and had to personally come and swear allegiance. And Milan was allowed to retain its alliances with Tortona, Crema and Isola Comecina.

After the signing of the agreement comes the ceremonial capitulation and restoration into Frederick’s grace.  That took place on September 8th outside the Porta Romana in the great imperial tent, a tent Barbarossa had received as a present from King Henry II of England. These tents were often huge and highly decorated. The original obviously no longer exists but there is an ottoman sultan’s tent in the royal palace in Dresden that can give an impression of what this one could have looked like. It is 20 meters long and 5 meters high, its inside embroidered with a paradise garden. It is so large that it took 35 restorers six years to recreate the original impression.

Inside the tent sit Barbarossa and the King of Bohemia in the full splendour of their ceremonial robes wearing their crowns. 

The first to arrive are the archbishop and the clergy of Milan carrying crosses, liturgical books, and censors wearing their vestments. The archbishop is greeted with the kiss of peace and allowed to take his place amongst the other archbishops.

Then follow twelve consuls of Milan. In dishevelled garb, barefoot and bearing drawn swords upon their necks they approach. One of them, Obertus ab Orto addresses the emperor “we have sinned, we have acted unjustly, we beg for forgiveness. Our necks which we bow to your lordship and sword, are those of all Milanese; and with these swords, all our weapons are subject to imperial power”.

Frederick then takes each consul’s sword off their necks, hands it to a servant and receives them back into his grace.

This is another of these great medieval stage shows. Yes, the consuls have formally declared their submission to the emperor’s sword, i.e., have allowed him to have them decapitated right there. But that was never going to happen. The two sides had negotiated every single move in detail. They debated whether the Consuls could wear shoes, which was denied, but they were relieved form having to completely prostrate themselves before the emperor.

The archbishop of Milan concludes proceeding by saying mass under the Ambrosian rites, a special liturgy only performed in Milan in commemoration of its great bishop.

Though terms are harsh, they are not a complete humiliation and the final act, the ambrosian mass was an olive branch to the great city. With Milan submitting to his rule, its allies also fell in line and Barbarossa could now truly call himself king of the Lombards, the first time since probably Henry III any emperor could.

He dismisses most of the army and begins preparations for the next act in the process of cementing control over the Southern part of the empire, the laws of Roncaglia. But those will have to wait until next week. For now, we leave him enjoying the autumn sunshine in Italy, the richest land in Europe he had fully subdued in just three months, or so he thinks. See you next week.

And in the meantime, if you feel like supporting the show or want to get hold of these bonus episodes, sign up on patreon.com/historyofthegermans. All the links are in the show notes.

xxx

Rainald von Dassel invents the Holy Roman Empire

This week we will see how Barbarossa addresses the big issue he had in his first Italian campaign, the size of the army and how he creates the Holy Roman Empire in the process.

Transcript

Hello and welcome to the History of the Germans – Episode 53 – Sacrum Imperium

This week we will see how Barbarossa addresses the big issue he had in his first Italian campaign, the size of the army and how he creates the Holy Roman Empire in the process.

Before we start just a reminder. 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 Andrew C., Andrew K. and Charles Lothar who have already signed up.

Last week our imperial hero, Frederick Barbarossa returned back to Germany after a year and a half of brutal fighting in Italy that got him the imperial crown, but not much else.

One of the limiting factors was the size of the army he had brought along, just 1,800 knights which translates into an overall force of maybe 5-7,000 soldiers. The modest strength of his German contingent meant he had to rely on Italian allies to provide the muscle and most significantly the siege engines needed to break the heavily fortified cities of Italy. As he discovered, Italy was a place where each of the cities was constantly at war with its neighbours. And as they fought their immediate neighbours, they formed alliances with their enemies’ enemies so that the whole of Italy resembled a chessboard where all the white cities were fighting all the black cities all the time.

The “chessboard. See the allies of Milan in black and the enemies of Milan in red

Barbarossa had sort of stumbled into this hornet’s nest by more or less accidentally taking the side of little Lodi in its conflict with Milan. That meant that all the allies of Lodi, so, Como, Novara, Cremona and the most powerful amongst them, Pavia saw Barbarossa as their friend. On the flipside, their enemies, most senior amongst them Milan and its allies, such as Tortona became the emperor’s enemies.

If Barbarossa had had a larger force, he could have pursued a more independent policy, as he had set out to do on the fields of Roncaglia when he first arrived. But he did not. As time went by and problems piled up, he became more and more dependent upon Pavia. Pavia made him besiege Tortona which cost him valuable time. Always remember that there is only a short time window for any Northern European army to operate in central and southern Italy. Once the summer comes, the northerners need to flee into the mountains or go home if they want to avoid dying of Malaria, dysentery and all the other goodies of a hot climate. Because he lost time in Tortona, he got to Rome in June which meant he could not fulfil his promise to recapture The city for the pope and subdue the king of Sicily.

Prevalence of MAlaria in the 19th century in Italy

So, in the final analysis the situation looks as follows: Inability to raise enough troops in the north meant inability to establish control over northern Italy and slowed progress to Rome, which in turn meant papal disappointment and an ultimately unsatisfactory campaign, despite the imperial crown.

The solution had to be, to try again, but this time to come with overwhelming force.

Let’s remember why he only had a small force. The old hands had been sceptical that after 80 years of endless feuding and chaos a lasting peace had finally come upon the land. Was it really sensible to strip your castles of soldiers to follow the emperor to Italy when your greedy second cousins stayed back? The thing about old hands in the Middle Ages is that they are old because they had made fewer mistakes than those who had gone before their time. And they were right this time too.

Whilst the emperor was down in Italy his not so loyal subjects went back to their old tricks. There were a number of feuds ongoing, some in Saxony where the archbishop Hartwich of Bremen had tried to rebuild his shattered position but the worst was the Mainzer feud. What happened was that the new archbishop of Mainz, Arnold had attempted to regain lands and privileges that his predecessors had alienated. That unsurprisingly irritated episcopal vassals and Ministeriales who currently held all these lands and rights the bishop wants back.

This is quite a typical feud. If you think about it, the reason why medieval princes fight each other are very rarely down to some irrational urge to attack your neighbour for some perceived sleight. In most cases these are disagreements over ownership rights where either side refers to contracts, inheritance, ancient privileges and the like. Such disagreements could be resolved in court, but only if both sides are happy to accept the authority of that court. During Conrad III’s reign feuds went out of control because he lacked the respect of either party.

What makes Barbarossa so much more successful in preventing or ending feuds is because the princes recognise his authority, and the question is why?

It clearly is not because he had more personal resources to enforce judgements. As you may remember, Frederick had to hand the duchy of Swabia and a lot of the Staufer lands to his cousin, the son of Conrad III as compensation for the lost crown. Barbarossa would make a great marriage in 1157 that brought him the Franche Comte a rich county in Burgundy that improved his personal financial situation, but that did not fundamentally change things.

The Staufer lands early in Barbarossa’s reign on the left, most which was held by frfederick of Rothenburg

The reason his fellow princes accepted his judgements was very simple, they regarded them as just and impartial. One way for Barbarossa to ensure he was seen as just was by not actually making the judgements himself but asking a court of princes to adjudicate. Effectively a jury of peers/ I think I have said that three times now, so I will shut up about this point. Just remember – in Barbarossa’s Empire the court of princes takes all the decisions.

But that is not all. Barbarossa also needs to prove his impartiality. Maintaining impartiality in a society where blood ties count more than might or right is having its litmus test when family gets involved.

And that litmus test was the Mainzer feud. The strongest opponent of the archbishop was the Count Platinate, Hermann of Stahleck. Hermann of Stahleck had married Barbarossa’s aunt and was hence family.

Hermann was a pretty typical prince of the post- Salian period. He had received the title from Conrad III but had to fight for against  another contender. Once Hermann had captured his opponent, he had him strangled. His lands lay in the Middle Rhine between roughly speaking Cologne and Heidelberg, bordering both the archbishoprics of Trier and Mainz. For about a decade he fought wars with the archbishop of Trier, Albero one of the most martial of German medieval archbishops. He lost this fight which meant he now concentrated more on the Rhine valley.

Map showing the Palatinate (white circle) and Mainz (blue circle)

As I mentioned Issues arose when the archbishop of Mainz began his drive to regain his ancient rights and privileges vis-à-vis his vassals. Hermann of Stahleck held some of these fiefs and rights from Mainz. Hostilities between the archbishop and his vassals descended into more of a regional war once Barbarossa had left for Italy. On Hermann’s side were several of his relatives as well as many Ministeriales of the archbishop, whilst the archbishop could also recruit some of the local counts. According to a letter from the archbishop, Hermann’s troops had destroyed castles, devastated manors, plundered consecrated cemeteries , churches, and monasteries, despoiled reliquaries, and, as is obligatory, abducted nuns and monks. This was pretty much standard practice in a feud. That is why many of these “romantic” in inverted commas castles along the Rhine were built or extended in that period.

When Barbarossa returned, the Mainz feud was one of the most pressing items on the agenda. He called both parties to his very first royal assembly at his return in October 1155 but realised this was a very, very hot potato, so postponed his decision to the next meeting of the princes. In Worms at Christmas the court assembles and convicts both the Archbishop of Mainz and Hermann of Stahleck of having breached the peace.

Barbarossa’s judgement was harsh, both parties were ordered to carry dogs – a punishment worse than death for a proud aristocrat. In case of Hermann, who was after all his uncle, it was one of its worst forms. Hermann and 10 other counts had to carry the dogs over their shoulders, i.e., holding the front paws, barefoot in the freezing December cold. Imagine you have to go for a mile with a stressed-out dog jabbing his hind claws into your back. Herrmann of Stahleck was broken by this penance. He retired to his monastery where he died 6 months later. His successor as Count palatinate was Barbarossa’s stepbrother, young Conrad.

This display of harsh justice without regard for family obligations had a major impact on the empire. Otto von Freising said this severe punishment had put the fear of God into the castellans so that they would rather keep peace than enter any more fights. Now that is certainly an exaggeration, but the judgement did strengthen the imperial standing.

A lot more imperial judgements were passed between 1155 and 1158, some of which were again harsh, such as the recall of all the fiefs of archbishop Hartwich of Bremen. but they did achieve the objective. Not only was the Reich at peace, but the princes realised that this ruler was willing and able to protect their possessions even when he had to travel south. And that gave more and more of them confidence to leave their homes and go on a journey to Italy next time around.

Before we go on, let me take the opportunity to explain what the Count Palatinate is. I have been thinking of doing that for a while. It never found a good slot for it. Now it has become pressing as the palatinate has become a thing.

The title of count palatinate goes way back. In the administrative system of Charlemagne there were  three kinds of Counts. The run of the mill counts who administrated a particular region, providing justice and organised the military levy. Then you had the margrave, marquess or marcher lord, who was a count managing a border county. These Margraves were of a higher rank than normal counts as they had responsibility for the defence of the realm. And finally, you had the counts palatine, the palace counts who were close to the king. They would manage the royal estates and would be sent on various missions on the king’s behalf. Their decision overruled those of simple counts or margraves the most famous of these Paladins was Roland of the Song of Roland.

Under the Ottonians the role of Counts palatinate began to change. The Ottonian system had duchies as a mid-layer between simple counts and the king, which made the dukes extremely powerful. To counteract ducal power the king placed count palatinates into each duchy  to look after the royal lands, rights and estates. In a way the counts palatinate was the eyes and ears of the king inside the duchy and would keep the duke in check.  Counts Palatinate were initially set up as offices that could not be inherited, same as duchies. But over time, they turned into inheritable fiefs. Otto von Wittelsbach the great friend of Barbarossa was count palatinate of Bavaria, a position he had inherited from his father.

During the 12th and 13th century the Counts Palatinate would merge with the ducal title, spoiler alert, Otto von Wittelsbach will become duke of Bavaria. The great exception is the Count Palatinate on the Rhine. This role was originally that of the count platinate of Lothringia which came with the management of the imperial palace in Aachen, making it the most prestigious of the paladins. But the counts palatinate on the Rhine were also more aggressive than their brethren building up large property along the Rhine river. The Ezzonen, one of the important families of the later Ottonian period were counts palatinate on the Rhine. Over time the Counts palatinate on the Rhine lost more and more of their possessions on the lower Rhine and gained property east and west of the Middle section of the river with their centre in Heidelberg. Essentially their territory gradually travelled south. The area West of the Rhine is today called the Pfalz or the Palatinate, not because it was an imperial palace or imperial land, but because it was the land of the counts palatinate. Thanks to a combination of sizeable territory and the prestigious title, they became imperial princes of the highest rank and ultimately one of the seven imperial electors. There we go, one of the weirder German princely titles explained.

The Holy Roman empire in 1789. The Palatinate “Kurpfalz is the light gree on the lft hand side

But back to the question of how Barbarossa can make sure he has a larger army next time he goes down to Italy. Providing peace and justice is great, but that is not all.

The other way to make this work is handing out baubles. One of the biggest bauble was given to the duke of Bohemia. Despite being culturally and linguistically Czech, Bohemia was a duchy within the empire. But there was always a bit of a difference. At times emperors have allowed the duke of Bohemia to call himself king as a personal, non-inheritable title. Barbarossa needed the support of duke Vladislav II of Bohemia and granted him and all his descendants the right to wear a crown on certain holy days and have people call him king. This title was purely honorific and did not change his status as a duke.

King Wenceslas of Bohemia from the Manesse

That was not the only thing that brought Vladislav into the imperial camp, there was also the minor issue of handing over the city of Bautzen. All this is also in the context of the resolution of the struggle over the duchy of Bavaria. As I mentioned in Episode 50 one of the great achievements of Barbarossa was the reconciliation between the Babenberger Henry Jasomirgott now duke of Austria and Henry the Lion. That actually only concluded around now in in 1157. This reconciliation also meant that the Bohemian duke who was tied to the Babenbergers by marriage and long-term alliance could side with Barbarossa.

Another side effect of the Babenberger reconciliation was the relationship with Hungary. As you may remember Conrad III’s policy was heavily influenced by his Babenberger siblings. The Babenbergers were constantly pushing for war with Hungary in collaboration with Constantinople. The Constantinople alliance had already been sacrificed for better relationships with the papacy and now that the Babenberger were brought into the fold, peace could be made with Hungary. King Geza even offered soldiers for an Italian campaign.

Hungary 1180

Finally Barbarossa ran a short campaign in Poland making its king promising another 500 knights for the Italian campaign.

With that Barbarossa could now count on Henry Jasomirgott, the newly minted King of Bohemia and even the King of Hungary, neither of whom had been prepared to come along in 1155.

And finally, there is the border to the Slavic territories in the east. Lothar III had begun colonising the lands that we today know as Mecklenburg, Pomerania and Brandenburg. That process was rudely interrupted by the altogether pointless Wendish crusade. But by 1155 action resumed. Barbarossa in another move to bring Henry the Lion close to him had granted the duke the right to invest the bishops of Oldenburg, Mecklenburg and one more bishopric. This profoundly imperial privilege was a major concession, even though these bishoprics were so poor, some did not even have a church, so the bishop celebrated mass on a mound of snow.

Saxony and the allodial lands of Henry the Lionn

Equally Albrecht the Baer was made happy when his right to the margraviate of Brandenburg was acknowledged and Berthold von Zaehringen was given the right to invest the bishops of Lyon and Geneva. Handouts, handouts and more handouts.

It is however wrong to believe that Barbarossa was just throwing away imperial rights and privileges to gain support. Sure it helped, but that was not the reason he would march down to Italy with almost ten times his previous forces in 1158.

What Barbarossa gave his subjects was the idea that if they followed him, they could gain riches far beyond what they could gain squabbling amongst themselves. The Bishoprics in the north and the campaign against Poland were measures of the emperor paving the way for his princes to build power-bases further east.

He also handed over titles and promises to lands that he did not own, like the margraviate of Istria, which is basically modern day Croatia and even titles like duke of Merania, a territory nobody knows where exactly it is. The Welf were given the lands of Matilda in Tuscany as an incentive to come down.

This is a new element to his approach. In 1155 he asked his subjects to come down to Italy with him to gain the Imperial crown, something they were obliged to do under feudal law. In this next campaign he could no longer call on ancient rights but had to appeal to their self-interest. And that self interest boils down to one thing, the unimaginable riches of Italy.

Peace and stability in their backyard and the promise of titles and riches was however still not enough to build that great army Barbarossa needed to subdue Milan and make himself the effective ruler of Northern Italy. What he needed was an ideology, an idea that his men would follow.

And that idea took shape in 1157. To explain that we have to go back to Rome where Barbarossa had left our friend Nicolas Breakspear, otherwise known as Pope Hadrian IV in the ditch in 1155.

Hadrian IV. was very disappointed with Barbarossa’s efforts. The papacy had been asking German emperors to come down and help against the Sicilians and the Roman Commune since the last effort by Lothar III had failed in 1139. When after 15 years Barbarossa arrives, he makes things worse in Rome and then refuses to attack Sicily – or his army does which comes to the same thing.

Barbarossa may have promised he would come down again with a larger army, but judging by past performance, this is not something Hadrian IV thinks he can wait for.

Initially there is some hope to get rid of the pesky Normans. You remember the small army of emperor Manuel of Constantinople that had camped in Ancona? These guys had to go it alone and – to everyone’s surprise,  were able to make some major inroads into Puglia and Calabria. The Byzantines came fairly close to victory when king William of Sicily becomes gravely ill, and the uprisings extended to Sicily itself.

But William recovers and over the course of early 1156 regains control of first Sicily itself and then his possessions on the mainland. Nevertheless, the experience has clearly shaken the monarch and he was keen to settle things with the pope. On the papal side, signing a deal with William of Sicily would be a breach of the treaty of Constance. But then there were these letters the Byzantines have shown all over Puglia claiming Barbarossa had granted them land in Southern Italy. If these letters were genuine, Barbarossa had broken the treaty of Constance first and Hadrian was free to settle with William. And it seems that is what Hadrian chose to believe. Sicily and the papacy signed the peace of Benevento and William became a papal vassal promising to move on the Roman Commune.

William of Sicily ill

This peace of Benevento is a slap in the face of emperor Barbarossa. Not only is it a breach of the treaty of Constance, it also implies the pope sees himself as the sole feudal overlord of Southern Italy.

Hadrian IV was well aware that he was sailing his relationship with Barbarossa into heavy weather. To forestall difficulties he sent two cardinals north, not just any cardinals, but some of the most senior, Bernard of San Clemente and his own chancellor Roland Bandinelli.

They meet the emperor in Besancon in Burgundy where he is holding a splendid imperial assembly. This assembly is one of the early highpoints of Barbarossa’s reign. For the first time in almost a century the emperor is exercising some form of authority in Burgundy. He appoints a new archchancellor for the kingdom, pronounces judgements and just generally picks up the reins of rulership. He receives embassies from both Henry II of England and Louis VII of France, again it had been a long time since that has happened at an imperial assembly. France and England taking the emperor seriously as a potential factor in their eternal struggle over the Plantagenet possessions in France shows just how fast and how far the prestige of the Reich has risen in 4 short years.

Into this walks Roland Bandinelli, the papal chancellor. He greets the emperor with the words, “Our most blessed father, pope Hadrian salutes you, and the College of cardinals, he as father, they as brethren”. Not a good start. The pope as father makes the emperor look small as the son. But they let this one go and wait for the reading of the papal message the next day.

This message is written in Latin, like all important communication which means it needs to be translated. The person who will translate this letter is the new imperial chancellor, Rainald von Dassel. Let me leave this name standing for now. We will talk about him in a lot more detail later.

The gist of the papal letter is that Hadrian complains about the treatment of the archbishop of Lund who had been robbed and taken prisoner somewhere in the German lands.

Now that is not the way I would soften up an emperor who is upset about the breach of their treaty and feudal overreach. But it gets worse. The pope accuses the emperor to be neglecting his duty to provide peace in his lands by leaving such a dreadful and accursed deed unpunished. Though he did not accuse Barbarossa directly of having ordered the abduction of the venerable prelate, he expressed disbelief at the emperor’s indifference to the archbishop’s fate. He, the pope was unaware in what way he may have offended his most beloved son and most Christian prince. He reminded him how he had received the emperor in Rome just two years hence and had satisfied all his wishes and quote “had conferred on him the imperial dignity and would have rejoiced if he could have bestowed upon Frederick maiora beneficia” end quote.

The German chancellor Rainald von Dassel translates the words “maiora beneficia” as “additional fiefs”. In other words, the papal letter suggests that the imperial crown was granted to Frederick as a fief and that he would therefore be a papal vassal. These words being spoken the room explodes in uproar. Everyone shouts at the cardinals.

Then the topic of the fresco comes up. In Episode 45 I mentioned that pope Innocent II had an image painted on the walls of the Lateran palace showing emperor Lothar III receiving the imperial crown on his knees and with clasped hands as liegeman of the pope. When Barbarossa met Hadrian IV he had asked for this image to be removed which Hadrian promised to do, but clearly had not done since it was still there in the 16th century.

People shout that the fresco -that by the way nobody present had seen – was to be taken down. Then Roland Bandinelli, chancellor of the church and most senior of the roman cardinals throws a barrel of oil on the fire by saying “From whom then does he have the empire if not from the lord pope?” Otto von Wittelsbach, the greatest fighter of the times cannot take it any longer. He unsheathes his sword and almost runs the legate through. At the last minute does Barbarossa intervene citing that he had promised safe conduct to the cardinals. The papal envoys were taken to a safe place and were sent home the next day.

As listeners to the History of the Germans know too well, conflicts between popes and emperors are nothing new. But this is different in several ways.

Firstly, it is the first time these differences are debated in public between the emperor and some senior cardinals. Previous altercations happened in writing. Seeing a cardinal being attacked with a sword by an imperial paladin has a very different impact on public opinion than the writing of angry letters.

But the other more significant component is that Roland’s claim the emperor had received his crown from the pope was not just an attack on the emperor, but on the empire as a whole. If the imperial coronation had been the one and only thing that turned a man into an emperor, then what was the election by the princes? If the emperor was a papal vassal, did he still have any obligations to his magnates?

No, this could not be the way. A king did not become king because of his coronation, he became king because he was either elected or inherited the crown. The bishop who crowns the king had not decided that this man was to become king, he just executed the decision of the Lord that this man should be king. 

Why would that be different for the emperor?

Barbarossa published a circular outlining his view in the immediate aftermath of the assembly at Besancon. In it he describes the events calls the cardinals arrogant and haughty and accuses the pope of being a source of dissension and evil. And then he states that he had received the kingdom and the empire “from God alone” who expressed his will through the election by the Princes. He calls upon his subject not to let the honour of the empire be disparaged, an empire that had stood, glorious and undiminished since the founding of the city of Rome. In other words, the empire is older than the papacy, even older than Christianity itself.

Hadrian responded by upping the ante, declaring now explicitly that he sees the imperial crown as a fief and that Barbarossa was hence his vassal. He calls upon the German bishops to “calm the monarch down” since that was in their own interest to preserve their rights and freedoms.

Well, that did not happen. The German bishops write back to the pope that they had talked to the emperor and that they had received the following response that they essentially agreed with.

The empire is ruled by two things, the sacred laws of the empire (which means the codex of Justinian or Roman Law), and the good customs of our forefathers and our fathers”. And based on those, the imperial crown was solely in the gift of God, which by tradition was expressed through the election by the princes. And the bishops highlight that the first vote is that of the archbishop of Mainz.

And that explains the difference between Barbarossa in 1157 and Henry IV. 70 years earlier. Henry IV. could not rely on his bishop’s support because they had more to gain from supporting papal independence from the emperor which would translate into their own independence. Under Barbarossa the balance had shifted. They valued their election rights and influence over the empire higher than any advantage a pope could grant them. They were now more princes of the empire than princes of the church. That is why the German church held firm with Barbarossa almost all the way.  

This whole idea that the empire predates the church and stands on the same level as the church manifested itself in the use of the words Sacrum imperium in many imperial charters. Sacrum imperium translates as the Holy Empire. For the linguists amongst you there are two words in Latin for holy, sacrum and sanctum. Sanctum means that something or someone is holy through association with actual holiness. For instance, a saint is holy not by himself but because of his deeds and the fact that the church recognises the sanctity. Even the church itself is sancta ecclesia, holy because holiness is bestowed upon it by Christ through the apostles. Sacrum means something is holy from its inception. In late antiquity Imperial institutions and palaces were sacrum, not sanctum. Hence the Holy Empire is Holy in and of itself not derived from an act of the Holy Mother Church.

This use of Sacrum Imperium is however not consistent and used   with the Imperium Romanorum, the Roman empire. The two terms only formally merge in 1252 into the Holy Roman Empire. But I think it should be ok now if I use the term Holy Roman Empire that I have been avoiding thus far. It will make things a lot easier for me and maybe for you too.

Just to bring this story to a close. Hadrian IV wrote a letter saying that the word “beneficium” that caused all that boohoo was simply mistranslated. What the pope always had wanted to say was that he wanted to do the emperor more “good deed” bene ficium and that it was all a terrible misunderstanding. This reconciliation was in no small way thanks to the involvement of Otto von Freising who took over the translation of papal letters from Rainald von Dassel for the time being.

And what was Otto von Freising’s reward for that? Well, nothing, or less than nothing. In 1158 just as Barbarossa is about to set off for his second Italian campaign he resolves a conflict between Otto von Freising and Henry the Lion regarding a bridge. Otto had maintained a mint, a bridge and market at a place called Föhring since about 1140 based on a exclusive right granted by Conrad III.

Henry the Lion had built a bridge just three miles upstream from Föhring at a location known as the Monk’s cell or just monks. These two bridges and market competed intensely. Some sources claim that Henry the Lion had destroyed the bridge at Foehring though this is not 100% clear. In any event, Otto demanded Henry’s bridge to be closed and his exclusive right to hold a market recognised. Well, he did not get that. What he got was a revenue sharing agreement. He was given 1/3rd of the revenue of the new market and bridge. This new market was called moench, later moenchen, then München a place you know as the city of Munich.  That was a sad outcome for our chronicler but a good thing for English speakers because who knows what would happen to the name Föhring after a few Steins at the Octoberfest.

The original of the decision in Augsburg

The place and date of that decision was 14th of June 1158 in Augsburg. It is here that Barbarossa’s great army gathers for the second Italian campaign. Many, many princes have joined, making the army so large they have to split it into four divisions, each taking a different route across the alps. Next week we will see whether all these men fighting for the Sacrum Imperium will find the riches they have been promised. And we will hear a lot more about Rainald von Dassel and Roland Bandinelli. I hope you will join us again.

And in the meantime, if you feel like supporting the show or want to get hold of these bonus episodes, sign up on patreon.com/historyofthegermans. All the links are in the show notes.

Bringing the broken Empire back together

This week we finally get our narrative going. Barbarossa will boost the honour of the empire by burning cities, hanging heretics, slaughtering rabble-rousing Romans and inventing the concept of the university.

Transcript

Hello and welcome to the History of the Germans – Episode 52 The Honour of The Empire

This week we finally get our narrative going. Barbarossa will boost the honour of the empire by burning cities, hanging heretics, slaughtering rabble-rousing Romans and inventing the concept of the university.

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Last week we talked, amongst other things, about this new generation of princes who surrounded Barbarossa. These young men – and I am afraid they were all men – had a very different outlook from their forefathers. They saw the provincial kings of France and England rising up in the world whilst their ruler Conrad III could not even acquire the imperial crown, let alone be the universal monarch his title made him out to be.

The weakness of the king reflected the weakness of the empire and that by extension meant that they, the princes as branches of the empire appeared weak. The sources talk a lot about the honour of the empire, or honoris imperii in Latin as the key motivation in Barbarossa’s reign. What that is exactly is much in dispute. And Barbarossa and his princes who did not speak Latin would not have used that word anyway.

In broad terms it is something between respect and authority. Honour is diminished when imperial orders are disregarded or when someone, usually the pope claims to rank above the emperor. In a governance system with zero institutions, how can an emperor make sure his orders are implemented and nobody contests your status?. Conrad III and Lothar III before him thought that the only way to make people do what you want was brute force. Burn their castles and massacre their peasants until they obey.

Barbarossa and his circle are different. They believe that the emperor by force of his office, his personality and his honour is to be obeyed, as long as he is a just lord. And Barbarossa made sure he was a just lord by delegating all major decisions to a court of the princes. The princes were then bound to uphold the honour of the empire by enforcing that decision. And if the emperor encounters resistance in implementing the decision, it is not just his authority and standing that is at risk, but the honour of the empire as a whole and that of each individual prince as well.

If you listen carefully, you can hear echoes of Otto von Northeim’s speech in 1073 where he attacked emperor Henry IV: “As long as he was a king to me and acted royally, I also kept the oath I swore to him freely and faithfully; but after he ceased to be a king, the one to whom I had to keep loyalty was no longer there”.

And the first thing the honour of the Reich demanded was for Barbarossa to be crowned emperor in Rome. With the empire north of the Alps largely at peace an expedition to Rome was a much easier proposition than it had been for Conrad III just 2 years earlier.

In preparation of the journey negotiations with pope Eugene III began that will end in the treaty of Constance. This is again another indication how the balance of power between popes and emperors have shifted in the last century. A little more than 100 years earlier Barbarossa’s great, great grandfather Henry III had journeyed to Rome not even knowing who exactly the current pope was and, when he had doubts about the validity of the one who presented himself, he had all three contenders to the papacy deposed and a new one put in place. Now, the emperor has to negotiate terms with the pope. Delegations moved back and forth between Germany and whichever small town the pope currently resided at to find an agreement.

The terms of this agreement can be summarised as follows:

  1. Barbarossa shall not make peace with either the Roman commune or the Sicilians without the consent of the pope. The emperor is to make best efforts to subject the Romans to the pope and the holy mother church.
  2. The emperor as advocate of the church was to preserve and defend the papacy and all their legal rights.
  3. The emperor promises not cede any land in Southern Italy to the “King of the Greeks” which was to mean emperor Manuel in Constantinople and should Manuel invade both Pope and emperor would combine their forces to throw him out.
  4. The pope on his part would crown him emperor and would help him in accordance with his duty to the papal office to maintain, increase and expand the honour of his realm.
  5. And finally, the pope promises to warn, and if necessary, excommunicate anyone who dared to trample underfoot or overturn the imperial honour.

Many a tree have been felled and carbon pigment expanded on the question who got one over the other in this agreement. Given that opinion is split almost exactly 50/50 it must have been one of those compromises that left either side believing they got what they wanted until they find out that they did not.

And even if Barbarossa had signed a bad treaty, he still benefitted by calling in the papal obligations first and leaving  his own commitments for later..

Pope Eugenius III had already made a number of decisions in Barbarossa’s favour even before ethe ink was dry. First up he deposed the archbishop of Mainz, who you may remember was the only significant elector who had opposed Barbarossa at his elevation. And secondly the pope annulled his marriage to Adela of Vohburg. Barbarossa had no particular liking for his first wife that had been chosen for him by Conrad III. But more importantly, her political usefulness had vanished when her father had died, and even more problematic the couple had no children. A few monks were assembled to go through the rickety Staufer family tree and unsurprisingly, they found a common great, great grandmother and bingo, the marriage was annulled for consanguinity.

Barbarossa used his newly acquired status as bachelor to paper over the most explosive clause in the treaty of Constance, the promise to expel emperor Manuel should he show up in Southern Italy. That would be a big shift in Staufer policy towards Constantinople.

You may remember that Conrad III had maintained a close alliance with Manuel who had cared for him when he had been injured in the Second Crusade. Conrad promised him parts of Puglia as part of a marriage alliance and even received vast amounts of cash to fund a campaign in Italy in 1149.

As you may have heard on the History of Byzantium, Manuel’s #1 political objective was to weaken the king of Sicily and regaining a foothold in Southern Italy and for that  he was counting on Stauffer support

It is unclear whether Manuel knew about the clauses in the treaty of Constance but it is not likely that Barbarossa had told him What Barbarossa did Instead of announcing his U-turn was to send envoys asking the Vasilev for the hand of his daughter, the beautiful, purple born Maria. That must have been a ruse to string the Byzantine emperor along. Barbarossa needed his coronation more than any amount of Greek gold and that meant he had to honour the treaty of Constance, at least until he had done the business in St. Peter. But after that, who knows. It is worthwhile to keep the communication channels open.

So far, so good. We have a calm Germany, an invitation to Rome from the pope and we have kept the emperor in Constantinople at bay.

Two more things need to be looked at before the horses can be saddled.

The first is the Commune of Rome. As I mentioned before, the Roman population had increasingly enough of the popes and cardinals in their midst. By 1153 they had become full on radicals. A charismatic preacher named Arnald of Brescia had appeared. Arnald’s key message was that the church should be giving up all the trappings of worldly power and revert back to the life of ascetic preachers. Somehow this did not go down well with the mighty cardinals and confrontation led to the expulsion of the papal court. The commune began to restyle itself as the ancient Roman republic. It formed a senate and elected two consuls.

The old sign SPQR, the Senate and the People of Rome that was once carried before the victorious legions that subdued the known world  re-emerged for the first time in 500 years and with it delusions of grandeur. Just as an aside, it is still in use, mainly to grace manhole covers. They had already written to Conrad III and offered to crown him emperor. That letter was at least deferential and polite. The letter Barbarossa received in 1153 was anything but. The writer made it clear that if Barbarossa did not come down pronto, something bad would happen. I guess that is not a way to talk to someone who rates his own honour above everything else. Being threatened by some shoeless rabblerouser was just the thing to make the imperial blood boil. The Roman communal leaders were sent home with some choice words and now Barbarossa had his own reason to go to Rome and tell these jumped-up plebeians what is what.

But these were not the only plebeians asking for imperial support. As Barbarossa was holding court in Constance and putting the finishing touches on the eponymous treaty, two citizens of the town of Lodi in Lombardy happened to travel through and, seeing the line of petitioners waiting for the king, joined in to tell of their plight.

Lodi lies 30 km south of Milan and had come into conflict with the mighty metropolis. Milan was not only the largest and most powerful of the communes in Lombardy, it also did not like competition. And Lodi was though small, still a competitor. So the army of Milan came and razed old Lodi to the ground, removed all fortifications and forced the inhabitants to move into undefended villages nearby. After this catastrophe the Lodese began rebuilding their shattered lives. They set up a new market in a field near the main road and things were slowly improving. But even a small market was unacceptable to the Milanese and they shut that down too.

Barbarossa heard their plight and – without hearing the other side – wrote a harsh letter to the consuls of Milan ordering them to allow the market of Lodi to reopen. One of his Ministeriales, a man called Sicher was dispatched to Milan with the document bearing the imperial seal. Sicher first came to Lodi to tell the population what the emperor had decided. Instead of rejoicing, the citizens panicked. It is all good for some potentate from north of the alps to make some ruling, but nobody had seen an emperor in Italy for 15 years and the Milanese cavalry could be down here in half a day to burn the miserable huts they were living in now. They begged Sicher to go back home and forget about everything, but the poor man did not dare to disobey his master. He went to Milan and the Consuls had the letter read out in a public assembly. That did not go down well. Not only did the Milanese refuse to obey, they tore the order to shreds and Horror of horrors trampled on the imperial seal. Even the hapless ambassador had to flee for his life.

Barbarossa’s honour demands that he comes to Milan and makes the city obey him. Not just Barbarossa’s honour, it is the honour of the realm as a whole that is at stake.

By October 1154 Barbarossa’s journey to Rome finally sets off from Augsburg. He is in great company and many of the new generation princes are with him. Henry the Lion, Berthold von Zaehringen and his bannerman, Otto von Wittelsbach, count palatinate of Bavaria. But his army is quite small. Just 1,800 armoured knights. The king may have brought peace to the realm, but not everyone trusts it will hold when the king is down in Italy and, as we all know it is dangerous down there. Many of the old hands prefer to stay home and see what happens.

The army crosses the Brenner pass and after burning a castle belonging to the city of Verona and hanging its defenders, meanders its way down to the fields of Roncaglia. These fields are a flat area outside the city of Piacenza extremely suitable for royal assemblies in Italy.

By the 12th century Italy is fundamentally different from the empire north of the alps. A German royal assembly is family gathering of aristocrats that can take place in an episcopal palace or imperial Pfalz. Northern Italy has barely any major feudal lords left.

During the last 150 years the emperors have spent a total of just 22 years in Northern Italy, leaving the place without central authority for long stretches of time. And that is particularly true during the last eighty years of civil war. In the interim the city governments have first taken over all the secular powers of their bishops and subsequently conquered the lands outside their walls. The local lords were made to either flee or integrate into city society so that the area surrounding the cities, the so-called Contado had been cleared of castellans.

And then all these Cities whose Contado share a border tend to be constantly at war. The political map of Northern Italy looks a bit like  a chessboard. If you are a city on a white square, you are at war with all the cities on the black squares next to you and you are allies with the ones on the white squares. 

Hence, if an assembly would take place in a particular city, half the participants would be on enemy territory. So, the only place where representatives of all these cities can meet without fear of being captured and murdered is an open field – the field of Roncaglia.

This first of Barbarossa’s royal assemblies is a great success. Nearly all the cities of Italy have sent representatives. Most cities have paid the Fodrum, a traditional tax paid when the emperor is in Italy. Some cities go further. Genoa brought him lions, ostriches and parrots they had captured from the Muslims in Spain. Pisa too brough expensive gifts.

The main point of the Meeting  was however not to gather trinkets, but to let the Italian subjects of the empire know that the king is back. Barbarossa main concern was the size of his army. So he passed laws that required the cities and vassals such as they were to provide military support upon request. He also banned the sale of fiefs as that would circumvent the ability to call for military service. And he set financial compensation levels for vassals who were unable to attend in person.

And then he began dispensing justice. He ordered the cities of Pavia and Tortona to make peace and exchange their captives from the recent war. Chieri and Asti were admonished for insubordination and their complete destruction ordered.  And Lodi was re-established. The Milanese had realised that this emperor was actually coming down to Italy and that he could make things quite uncomfortable. So, they offered an enormous sum, 4,000 pounds of silver and a promise to rebuild Lodi and Como to make amends.

Business concluded the next step was to be crowned king of Italy. To do that he chose the small city of Monza where Conrad III had been crowned. Presumably he did not want to do it in Pavia as was customary since Pavia and Milan were hostile to each other and going to Pavia would make the lovely 4000 pound of silver disappear.

The two consuls of Milan had offered to lead the army from Roncaglia to Monza and Barbarossa was happy to accept this generous offer from his new friends. All this business with the trampled seal was it seems forgotten. But the consuls led the army through a part of the country that had recently been completely destroyed in a war between Milan and Pavia. Lack of food and pouring rain made the journey an utter misery. Barbarossa is getting really angry now. He sends the two consuls home and asks them to come back with food and to open a market where his troops can revittal. But no food, no market appears.

That is the end of the reconciliation with Milan. When they come back with their four thousand pounds of silver, he sends them packing. He takes his army and plunders the lands of Milan for a while. But his forces are far too small to attack the great metropolis itself. Then he moves to Piedmont to raze Chieri and Asti to the ground as promised.

Finally, he begins to point the army in the direction of where he actually wants to go, Rome. On the way there he comes past the city of Tortona, an ally of Milan. When Tortona does not obey his demands to give satisfaction to Pavia, he loses the plot. His army may be far too small to attack Milan, but his honour demands some punishment, and that punishment will be borne by Milan’s ally, Tortona. He besieges the city for two months, two months the Tortonese were waiting for help from Milan that never came. Tortona’s citadel sits on a steep hill overlooking the city and is a hard nut to crack. Though Barbarossa’s allies, the city of Pavia bring siege engines and ruthlessness, but progress is slow. And it is brutal. Any defenders they capture are being hanged at large gallows within sight of the city walls.

The city has one vulnerability. Water supply is from just one well outside the main citadel. Barbarossa’s troops manage to at least temporarily capture the well, long enough to throw carcasses of animals and humans into the well. After that the city surrenders. Barbarossa allows the defenders to leave but once they are gone, he has the city burned to the ground.

It had all gone off to such a good start but look at it now. The Italians are used to brutal warfare. Milan had razed Lodi, Como and Novara to the ground and the others weren’t shy either. But taking sides against Milan so openly and consistently will make it hard to be the impartial arbiter of the city disputes he would like to be.

And as if he needed to make it any clearer whose side he was on, he has himself crowned in Pavia after all.

Time to go south and regroup. And en-route he does a good deed, if not a great deed.  In May 1155 he finds himself outside Bologna. Bologna has by now become famous as a place of great learning, in particular its school of law. Its founder, Irnerius had resurrected the Codex Juris Civilis, the law book of emperor Justinian who had ruled 527-565. This was a comprehensive codex of the entirety of existent law in the Roman empire and far, far advanced to the Germanic law texts in force at the time. Irnerius had founded his school in 1050s and by the time of Barbarossa’s visit there were students from all over Europe getting trained in Roman law. But their legal status in the city of Bologna was precarious. In particular the city had made all students from a particular area, say the French or the Burgundians liable for any debt incurred by one of their number. Students weren’t good with money and judging by my own experience still aren’t. And on top of that the typical antagonism between town and gown was already in full swing. Barbarossa took the side of the university and put students and lecturers formally under imperial protection. They are only liable for their own debt, and they should only be judged by their magisters or the local bishop. Not by the city court. This ruling, the Authentica Habita was to be included in the Codex Juris Civilis which made it applicable all throughout Europe. This rule created the model of the independent university that still exists, even if students are now subject to local laws and courts. So, there was something really good in all that bloodshed.

It is now June and as we all know that means time is running out. Rome is already dangerous but in a few weeks it will be a hotbed of disease. All that wandering up and down in Lombardy and the siege of Tortona had cost too much time.

On June 8th do the new pope Hadrian IV and Barbarossa finally meet. Pope Eugenius III had died in 1153, his successor lasted a year, and now it was Hadrian IV, Nicholas Breakspear from Hertfordshire, the only English pope in history. Hadrian was an energetic and competent man with a long list of problems. The first one was to make sure that Frederick Barbarossa was a good son of the church and sticking to the treaty of Constance.

On that count things were off to a bad start. As the pope arrived in the imperial camp near Sutri he expected the new emperor to perform the service of Strator and Marshall as Lothar III had done.  These ceremonial services involve the emperor welcoming the pope at least a stone’s throw from his accommodation, leading his horse to the entrance and then holding the papal stirrup as the pope descends. What exactly went wrong here is unclear. Either Barbarossa outright refused or did it wrongly, sloppily or sourly. In any event, once the pope had descended from his horse and sat down on his chair, he refused the kiss of peace, and all hell broke loose.

Why Barbarossa was unwilling to perform the act has been disputed. The older view was that these services would make him look like a vassal of the pope. And hence his honour would not allow that. Modern historians believe it was a misunderstanding of sorts, which would mean that this was one of the few displays not meticulously planned beforehand.

Anyway, the parties leave without further conversation. The pope insists the ceremony is repeated as that this was an ancient ceremony performed by all emperors in the past. As far as I can see that is untrue. The first emperor to perform this service was Lothar III and it had bad consequences if you remember episode 44.

Barbarossa’s archivists were however not as well versed with their history to refute the papal claims and – as time was running out – 24 hours later Barbarossa repeated the whole procedure and this time did as he was told. The relationship was off to a very bad start.

Pope and Emperor then progressed to Rome where papal authority was limited pretty much to the right bank of Tiber, the Vatican city. The main city was held by the Senate and People of Rome. One thing Hadrian had achieved though was getting Arnold of Brescia expelled from the city when he threatened an interdict. The senate complied and Arnold was tried as a heretic. After the utterly unsurprising verdict, he was handed over to Barbarossa who had him hanged, his body burned and his ashes thrown in the Tiber, so as not to leave a place for his followers to remember him. Whether that endeared the citizens to Barbarossa is unclear.

They did come up to him though and offered to crown him if he would pay 5000 pounds of silver for the privilege. Again, not really a compelling offer even if Barbarossa did not really got on with Hadrian IV. This delegation however meant something was up. Just to be on the safe side Barbarossa deployed a thousand men to hold the leonine walls and block the bridge across the Tiber by St. Angelo.

The next day was a Saturday and coronations normally take place on Sundays. Or so the Romans thought. Hadrian and Barbarossa had decided that to avoid any more trouble, best thing to do was to pull the coronation forward to Saturday.

The emperor arrives surrounded by armed guards at the church of St. Maria in Turri just outside old St. Peter and offers the traditional coronation oath. The pope asks him whether he wants to be a faithful son of the church and he answers three times, that yes he will. The pope now covers him with his mantle and the emperor kisses his chest.

Pope and emperor then enter the atrium of St. Peter through the silver gate where prayers are spoken, then more prayers as he reaches the rota, the giant circular plate of red marble that is still at the entrance of St. Peter. And finally, he is anointed in front of the relics of St. Peter. During the mass Hadrian hands him the sword and sceptre and finally places the crown on his head.

At that the congregation shouts and screams with joy, so loud one might have thought a tremendous thunder had fallen from the sky. And that is what the Romans hear on the other side of the Tiber.

Whilst the emperor returns to his camp and sits down for a great celebratory feast, the Romans are coming out armed to the teeth and angry. They may have still hoped to get their 5000 pound of silver for the coronation or at least some recognition. And what then follows is a brutal massacre. The civilians in Rome have no chance against the battle-hardened knights even if they had not put on their armour. A thousand Romans were killed, 200 captured and – according to the imperial chroniclers, only one of theirs was harmed.

It might have been a great victory, but it also made the position of both pope and emperor in the Holy city untenable. Leaving behind the stench of rotting flesh the two heads of Christendom travelled to Tivoli and then onwards to Spoleto. This journey did not improve imperial papal relations. Wherever they went questions arose about who was who’s vassal, which rights were to be granted by who and just generally who was in charge here. The party arrived at the abbey of Farfa, an imperial abbey since time immemorial and subject to so many imperial charters I used to jump over them every time I saw one – ahh Farfa again. But by 1155 the pope was utterly convinced the abbey was now his if only for the fact that no emperor had shown his face there for half a century. All these unresolved issues weren’t really crucial but they constantly implied that either party failed to recognise the honour and status of the other and gradually eroded the alliance the two sides had formed under the treaty of Constance.

The cities along the way are asked to pay the Fodrum, the tax owed to a passing emperor. Spoleto thought they could fool the emperor and paid him in worthless copper coins. They had hoped they get away with it because they held one of Barbarossa’s followers, a count Guido in their power. That did not go down well, in particular not the imprisonment of an imperial envoy and so Spoleto was besieged, captured and burned. For the next two days the army plundered Spoleto during daytime but stayed in their camp during the night as the smell of burning flesh was overpowering.

This may all be sort of profitable for the soldiers, but it did not really do much for the actual military objectives. Barbarossa had promised the pope to overcome the Roman Commune and to break the hold of the Normans on Southern Italy. As for part one, that had already failed, leaving objective #2.

There were some promising signs for a successful campaign. The great king Roger II had died in 1154 and his son William I was struggling to gain control, in particular over the rebellious feudal lords on the mainland. He and his chief minister Maio of Bari were pushing for ever more centralisation of the government and squeezed the barons out of positions of power. No wonder they called him William the Bad.

This discontent could have provided the opportunity for Frederick to deliver against his promise in Constance. Very much like in Lothar III’s day the barons of Puglia were ready to rise up and the cities were happy to join.

And another advantage was at hand. Emperor Manuel had sent two of his best generals, Michael Paleologos and John Doukas with a small army and a big chunk of cash to Ancona. They were to team up with Frederick and capture Puglia. For several days the two sides negotiate but in the end there is no deal. Two things are stopping Frederick.

The first was the treaty of Constance. Barbarossa had promised the pope not to make an agreement with Manuel that would give the Byzantines control over Puglia or other parts of Italy. And that would have been the demand from Constantinople. These guys were not handing over fine gold just out of the goodness of their hearts. Doing a deal without papal consent would have caused a lot of friction in the already difficult relationship with the pope.

He may have taken the risk if the chances of success would have been high enough. The Byzantines had brought only a small army to add to Barbarossa’s already modest forces. And it is now the height of summer and his vassals have already made clear that they are not keen on a campaign in Southern Italy – again, the same scenario as 17 years earlier when the German princes ended Lothar III’s campaign.

Barbarossa puts all this in the too hard box and decides to go home. The alliance with Byzantium is now dead as is his chance to marry a gorgeous, purple born Greek princess. Palaeologus and Doukas go it alone and have some initial success. They even capture Bari. In the process they drive a final nail in the coffin of germane/byzantine relations by showing letters bearing Barbarossa’s signature that purport a transfer of ownership of Puglia to the Vasilev.  These may either be fake or being used without consent. In the end the byzantine endeavour fails, their small army perishes, and the two generals die manfully in battle.

As for Barbarossa, his return home also allowed for true heroism. As the army was about to leave Italy they had to pass Verona, a city whose castles they had sacked on the way down and whose citizens were none too happy to see them coming up again. They did provide a bridge across the river Adige or Etsch in German outside the town for the army to cross but otherwise stayed behind their walls.

The army followed the Etsch for about 25 km from Verona and reached the Chiusa di Verona or Veroneser Klause where the river valley narrows with steep mountains on both sides. And that is where the Veronese had decided to trap the army. They blocked the exit and entrance with large boulders and their archers shot at the advance guard of the army. There was no way out. To the left the ice-cold fast flowing river Etch, ahead and behind well defended enemy positions and to the right, the sheer cliff of the Chiusa de Verona.

The enemy’s demands were not political but purely financial. They required that every knight including the emperor himself was to hand over their armour, their horses and their weapons. This was totally unacceptable. Imagine the emperor returns from his trip to Italy with barely the clothes on his back. His rule would have ended even more ignominiously than Conrad III.

But it did not. If you want to see a great depiction of how he got out of this cliff hanger, you have to go to Munich. There in the gardens of the royal residence, the Hofgarten a 19th century painter depicted the most glorious moments in the history of the House of Wittelsbach the Kings of Bavaria. And that cycle of frescoes starts with Otto von Wittelsbach in the Veroneser Klause. Otto was an accomplished warrior and he and his Bavarian knights were also skilled climbers. In the night, unseen by their enemies 200 of the brave Bavarians scaled the sheer cliff carrying their weapons and their armour. No ropes, no harness,, no crampons, just straight up the wall. As the sun rose, they planted the imperial banner and with wild screaming descended upon the thieving Veronese. At the same time Barbarossa and his men attacked them from the front. In less than an hour the opponents sued for mercy, but none was forthcoming. They weren’t real combatants, they were robbers after monetary gain, not knights fighting for glory. Barbarossa had all those who survived hanged alongside the road.

And so ended the first of Barbarossa’s journeys to Italy. He had achieved his main objective, he had received the imperial crown, but he had not achieved much else. His relationship with the pope was on the rocks since he neither cleared out the Roman commune nor defeated the king of Sicily. His alliance with emperor Manuel in Constantinople was now permanently dissolved. The Northern Italian cities remember him for the brutal siege of Tortona, the destruction of Chieri, Asti and Spoleto and the hanging of so many.

As he heads back, one idea takes hold of his mind. Italy was so immensely rich, so much richer than Germany that if he were able to establish a permanent rule over Italy he would be truly as powerful as his great predecessors Otto the Great and Charlemagne. He must also have realised that the two biggest issues he had faced were the small size of his army and the unreliability of his vassals who wanted to go home just when things had become interesting.

Fighting for the honour of the empire was a motivator for many of the younger princes, but it seems not for enough for all. Next time he needs to come with more men and stay for longer and to do that his governance model needs a tweak. What that is and how he fares on his next round we will find out next week. Hope to see you then.

And in the meantime, if you want to get deeper into the Byzantine side of the Mediterranean conflicts, I strongly recommend the History of Byzantium by Robin Pierson who you have heard in the introduction. Robin has been tracing the Eastern Empire since 2012 and I have been following him ever since he started. His in-depth knowledge of the subject and ability to distil the most important facts makes listening to his podcast such a joy. Our narratives are currently almost in parallel, so if you want to get the Byzantine perspective on The alliance between Manuel and Barbarossa check out his episode 235.. I cannot recommend that enough.

Who was the Emperor Frederick I Barbarossa?

In this episode we examine Barbarossa’s background, childhood and education. What is it that made him so exceptional? And we investigate whether the Cappenberger Head is indeed an individual likeness of the emperor, or just another image of what an emperor is supposed to look like.

Transcript

Hello and welcome to the History of the Germans, Episode 51 – The Barbarossa

I do apologise for this slightly shorter episode. I picked up COVID last week and I am still not fully back on track. It was inevitable given that over the last 3 months roughly 3% of the UK population has symptomatic Covid. I am en-route to recovery so nothing to worry about – apart from a shorter episode.

So, this week we will take a look back at Barbarossa’s youth, childhood and his achievements until he had reached his 30s. Some of it had appeared in previous episodes, but mostly just as an aside.

Before we start just a reminder. 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 Laurence, Joe and Leopold. who have already signed up. And a small correction. Last week I thanked a Shawn who does not exist instead of a Sean who very much exists and who I wanted to thank. So, here we go, thanks Sean.

There is practically no information about Barbarossa’s life before he was 15 years old. Since Barbarossa was not very fluent in Latin it is likely that he received an education commensurate with his future role as duke of Swabia. That meant mainly military training, military training and more military training. I still find it surprising that medieval aristocrats would split educational paths for their sons so decisively at an early age between those who will succeed to the fief and those who will join the church. Frederick probably did not receive more than rudimentary reading and writing skills, whilst for instance his uncle Otto of Freising was taught reading, writing, mathematics, and Latin from an early age and then sent off to the university of Paris to read with the great Abaelard. It did not make a lot of sense. Child mortality and just generally mortality was very high. More often than not the one chosen to succeed the father died and had to be replaced by the spare. That spare would have been destined for the church and hence had the thorough education in the medieval sciences, and quite a bit or martial skills as well, just to be on the safe side. These accidental successors did often do as well as those who had been trained to be counts, dukes or kings, take Henry II and Henry III as an example. So, giving your first-born some ability to hold his own with a silver-tongued prelate would have sounded like a great idea to me. But that is not how they did it, and Barbarossa did not learn much Latin if any.

What we hear later though is that he was very persuasive in his mother tongue Middle High German. And that mattered more in the royal council where debates were likely held in German, even though the prelate would produce the minutes in Latin. But as we will see, Barbarossa’s need to rely on translators and interpreters left a lot of room for misunderstandings and manipulations with far-reaching consequences.

Barbarossa’s mother died before he was 10 during a period where the Hohenstaufen luck was down. Conrad’s bid as anti-king had failed, the city of Speyer had fallen after a siege he probably experienced himself, his family had to leave their home in Alsace and retire on to the ancestral castle in Stauf, and finally his father and uncle had to kowtow before emperor Lothar III. His father remarried and he had a stepbrother, Conrad, who was much younger. We have no idea how these events have shaped young Frederick’s mind.

By the age of 15 as was customary, we find him at the court of another, in his case his uncle Conrad where he receives more military training. It is here where he forms a friendship with the Danish prince Sven he will elevate to kingship as almost the first of his actions once crowned.

All that training with sword and lance seems to have yielded benefits. He will spend almost his entire life on horseback going from one battle to the next. Allegedly found in the front line in every encounter, quickest with the lance and most energetic with the sword, but he also knew when to make himself less conspicuous when the lances were raining down on his men.

He equally enjoyed the hunt and was an accomplished fighter in the by now very popular and regular tournaments.

He was a pious man in the way pretty much everyone in the Middle Ages was pious. He went to mass regularly, prayed and made donations to churches and monasteries. He founded hospitals and sponsored the new and more radical monastic orders, in particular the Premonstratensians of his godfather, Otto of Cappenberg. But religion was not the driving force of his actions like it was with say Henry II or Otto III. He was first and foremost a political realist in a world where religion is paramount.

He received his political education during the years of Conrad III’s reign. As we mentioned he fought alongside his maternal uncle Welf VI against his half-uncle (is there such a word) Henry Jasomirgott. But in all this he maintained contact across the network of princes. Only once and in a different context do we hear that Conrad III complaining about him directly asking his brother to tame the young man.

In this period when his father is still alive Barbarossa seems to enjoy a high degree of freedom, not yet carrying the burden of ducal authority for Swabia. He takes part in tournaments and feuds joining whichever side he thinks has the stronger claim. He captures the count of Dachau in a tournament/battle but releases him without ransom, making him a friend for life.

Conrad III may at that point see him as an unreliable cove, but amongst his fellow nobles he is gaining a reputation as an honest and fearless man who rates justice over preferment. It is around this time that he begins gathering a group of younger nobles around him who would remain with him for a large part of his reign. Not just the aforementioned Conrad of Dachau, but also Ulrich of Lenzburg, Werner von Baden, Poppo von Giech, Rudolf von Pfullendrf, Adelgoz von Schwalbek and the most famous, Otto von Wittelsbach.

Whilst Barbarossa is rising in stature, we can observe a generational shift amongst the leading nobles of the realm. The older generation who had fought the civil wars of henry V, Lothar III and Conrad III was gradually dying out. Both Lothar and Conrad were quite old by medieval standards when they died.

For this new generation the Investiture controversy is something from the history books. Welf VI was born 1115, Otto von Wittelsbach 1117, Barbarossa 1120, Berthold von Zaehringen 1125, Henry the Lion 1129. None of them remember the Concordat of Worms. What they hear are the stories of imperial honour in the days of Otto the Great and Henry III and they see it much diminished. And most painfully, they see the King of France and the King of England, once mere provincial rulers rising to great power.

Nothing shocks them more than the humiliating treatment of their ruler, Conrad III by king Louis VII during the Second Crusade. How is it possible that the ruler of urbi et orbi, the city and the world is now so weak he has to seek the hospitality and support of other lesser monarchs.

There is no way we can equate this to an emergence of actual nationalism in the modern sense. It is  more the sense that the governmental system of which they are a part is falling behind. When their fathers thought the empire to be superior forever and hence taking away from the emperor for themselves would not harm the overall structure, this new generation is more watchful. They are less convinced the empire would be everlasting and if it falls, according to Augustinus it would literally be the end of the world. So in contrast to their fathers are willing to align themselves with the empire, drop their opposition, provided they have their say and they make a profit from it.

And hence they want a strong king, a capable ruler who can unite the kingdom and return it to its ancient glory, not another Conrad III.

This being the Middle Ages the other key criterion is being in God’s grace. You remember Otto the Great who was believed to be in gods grace after winning two most improbable victories? Barbarossa is the first on since Otto‘s days where the people believed in him being blessed – or lucky. And that had to do with the Second Crusade. Whilst the army overall perished, the Swabian contingent under Barbarossa remained largely intact. They definitely did not drown in the swollen river near Constantinople nor did they get caught in the worst of the fighting near Doryleum. Barbarossa bringing his men back from the Holy Land was a sign that God was with him.

When Barbarossa ascended the throne, he was less than 30 years old. The chroniclers describe him as follows: He was slim, not excessively tall but well honed. Trained in warfare since childhood he was physically strong, his body muscly and his limbs in perfect symmetry. “His Hair is golden, curling a little over his forehead. His ears are scarcely covered by the hair above them, as the barber out of respect for the empire keeps the hair on his head and cheeks short by constantly cutting it. His eyes are sharp and piercing, his nose well formed, his beard reddish, his lips delicate and not distended by too long a mouth. His whole face is bright and cheerful. His teeth are even and snow white in colour. The skin of his throat and neck, which is rather plumb but not fat is milk-white and often suffused with the ruddy glow of youth” Another chronicler, Acerbus Morena, a judge from Lodi adds his ready smile and the beauty of his hands.

If that is to be believed, he looks like Ryan Gosling with a perm. But did he?

Ryan Gosling (without the curly perm)

In 1171 Barbarossa’s godfather, Otto von Cappenberg donated an item to the monastery he and his brother had founded on the site of their family castle. This item he described as “A silver head in the shape of a or the emperor” Note, Latin is nowhere near as precise as German.

This head most scholars agree had come into Otto von Cappenberg’s hands as a present from Barbarossa. If you have ever held a biography of Barbarossa you have probably seen this head. It is 31cm tall and weighs 4.6kg, is made of gilded bronze and sports piercing black eyes shining out of white enamel.

Cappenbeerger Head

A number of scholars believe this to be a true likeness of Barbarossa, making it the first individual portrait of a living person since at least Carolingian times. And it does match the description given, the curly hair, trimmed beard and ready smile. But….

Throughout the Middle Ages descriptions and representation of the ruler were not meant to convey anything about their individual personality. A ruler was first and foremost a personification of the realm. His rule was assured by his symbolic acts, the splendour of his dress and the possession of the imperial regalia, the sceptre, the crown and in the case of the emperors, the Holy Lance. He appears royal not just in dress and accoutrements, but also in physical appearance because he is royal. The royal nature had been bestowed on him by god and since god never made a mistake, the ruler was by definition perfect inside and out. As god‘s instrument he was no longer an individual.  Nobody  cared what he actually looked like.

And if we take the descriptions of Barbarossa, they do follow a certain style dating back to the description of Frankish and Visigothic kings and the famous account of Charlemagne by Einhard. And if the verbal descriptions are standardised, then the features of the Cappenberger Head may also just be what an emperor should look like rather than what Barbarossa actually looked like.

The question ultimately hinges on why would there be an individual portrait of Barbarossa and none of his predecessors and very few of his successors?

I think there are some good reasons for believing it is an individual portrait. It is not so much the fact that the head was a present from godson to godfather. It is more that at the time the head was made Barbarossa was such a break with what had gone on before, he deserved having his features preserved for posterity.

As we heard last week, he had achieved the almost impossible, within just months he had brought a semblance of peace to a realm that had been caught in a civil war for 80 years. And he did that not by being merciful, I.e, by yielding to the bigger guns, but by bringing justice.

A piece of political theatre may illustrate that. During the procession out of the cathedral after the coronation in Aachen a ministeriale of Barbarossa’s prostrated himself before the king, begging him for forgiveness for a grievous offense. Despite the joyous occasion Barbarossa refused the man’s entreaties declaring that “it was not from hatred, but from regard for justice that this man remained excluded from his patronage”

This is a dramatic shift in the role of the emperor. His predecessors were expected to be magnanimous and allow transgressors back into the fold, even if their crimes were severe. Assuming this was staged, which it almost certainly was, Barbarossa made clear that the old model of the first strike to be forgiven was out and that harsh imperial justice was the order of the day now.

This focus on justice and his willingness to execute the judgements of the princely courts was a big step away from Conrad’s helpless call on the parties in the Utrecht feud to please come to his court and please, please follow its decisions.

Not only was he a strong and severe ruler, he also brought a new optimism to the realm. As we have seen, in the last years of Conrad III’s reign the mood in the empire was utterly depressed. And when medieval people are depressed, they blame it on god’s displeasure. And what else could have brought on God’s displeasure if not the sinful men attacking the Holy Mother Church. A helpless emperor unable to heed the pope’s calls for help against the Roman commune and King Roger of Sicily was a clear sign the empire and hence the world is nearing its end.

But within years, or maybe only months of Barbarossa taking the helm, this depressive mood is gone. It is not just that there is peace, but there is also the hope for a new and lasting unity between emperor and church. As we will talk about in more detail in the next episode, Barbarossa agreed a not necessarily new, but credible settlement with pope Eugenius III that will lead to his coronation as emperor in 1155. But most importantly, the church leaders in Germany are behind him and support him even where the Pope and the emperor have their differences. This unity between the church and the spiritual power had been lacking for so long.

The third astonishing thing about Barbarossa was that he ruled in his first couple of years almost without any personal resources. After his coronation he handed the duchy of Swabia and a chunk of the family possessions to his cousin, the 8-year-old Frederick of Rothenburg. He did not even have a particularly wealthy father-in-law. He was married to Adele of Vohburg whose father was dead and whose family had lost some of their previous positions. That made him entirely reliant on the royal lands and rights, such as they were. In other words, he would not have been able to face down a rebellion by say Henry the Lio, or even one of the other dukes he just created. His entire system of government relied on being able to persuade his vassals that his plan had benefits for all.

And that is why I believe they may have tried to create a true likeness of Barbarossa in the Cappenberger Kopf and had not done it for any of his predecessors. By the time the head was made, which was sometime between 1155 and 1171, Barbarossa had established himself as an exceptional leader, a man of most unusual abilities and a new hope for the realm.

And that means he was more than a personification of an abstract empire, but an individual. And as such he was worth depicting for eternity in an individual portrait.

And if I am wrong and this is just a representation of a generic emperor, it is still a great piece and it does look a bit like Ryan Gosling – with a perm.

By the way I have published a picture of the Cappenerger Kopf on the historyofthegermans website. Just check out the Blog where you will also find the Transcript for this episode.

Next week we will take our exceptional king to become emperor after all, being crowned by the one and only English pope in history Hadrian IV. I hope you will join us again.

And in the meantime, if you want to get hold of these bonus episodes or just feel the urge to support the podcast, become a patron at patreon.com/historyofthegermans. All the links are in the shownotes.

A Stolen Election?

History of the Germans Podcast: Episode 50 – Barbarossa Begins is live! (1149-1152)

In his last few years the ill and exhausted king Conrad III relies more and more on his nephew, Frederick, the duke of Swabia called Barbarossa because of his ginger beard.

Barbarossa forms the cornerstone linking the warring houses of Welf and Waiblingen. His military capabilities and diplomatic skills propell the barely 30 year old to the top of domestic and international politics.

When Conrad III died suddenly, he sees his chance. Pushing aside his cousin, the 8-year-old son of Conrad III, he gains support from both the old family allies as well as from its archrivals, Henry the Lion and Welf VI. He had to promise a lot, but it was enough for him to be elected and crowned in a record 24 days.

But that is where the hard work starts. Conrad had left a realm in anarchy. Can Barbarossa calm it down?

Transcript

Hello and welcome to the History of the Germans, Episode 50 – Barbarossa Begins

This week we bring the reign of Conrad III to its long overdue end and we watch the rise of he most famous and most popular of the Medieval emperors, Frederick I, Barbarossa

Before we start just a reminder. 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 Daniel, Shawn and Peter who have already signed up.

Last week we left Conrad III surveying the wreckage of his grand strategy. His attempt to stamp his authority on the realm by recapturing Edessa and returning as Grand protector of Jerusalem had backfired badly. His army was destroyed long before it got anywhere near the Holy Land, his subsequent attempts at capturing Damascus and Ascalon failed in the most humiliating way.. He arrived back in the empire in early 1149 hoping that he may score at least one success. He intended to embark on his long overdue journey to Rome, get crowned emperor and then attack Roger II, king of Sicily. He may have been looking forward to that since the last campaign against Roger II in 1138 was one of the few highlights of his military career. But he was denied even that opportunity to rebuild his reputation when his old enemy, Welf VI resumed hostilities in Bavaria.

Conrad III dragged his old and tired bones across the alps in spring 1149. He was still suffering from the wounds he had received on crusade and occasional bouts of Malaria that he may have picked up during his campaigns in Italy.

As he feared, after 2 years of absence his inbox is overflowing. His most powerful vassal, Henry the Lion asks when he will get his duchy of Bavaria back, whilst the current duke of Bavaria asks for help fighting Welf Vi. His most important adviser, abbot Wibald of Stablo and Corvey asks for military intervention against riots in Lothringia and justice against the bishop of Minden. The contested election of the bishop of Utrecht caused brutal bloodshed etc.  Etc, etc,..pp

And his international allies are also restless. Pope Eugenius III is at least polite enough to open with condolences for his failed campaign before asking him urgently to come to Rome to put down the new city government that is still keeping the vicar of Christ from performing his offices in the church of St. Peter. In turn the Senate of Rome writes to him inviting to come down to what they claim is now his city after the corrupt prelates have been sent packing. The citizens of Rome hope that the great emperor will lead them back to the glorious times of the Caesars when Rome ruled the whole world. An actual Caesar, Manuel sends him letters asking what he had done with all the money and when exactly his army would go down to break that upstart Norman king in Sicily.

Being king is a hard job at the best of times, and these weren’t the best of times.

What made his job even harder was that the crusade of the Saxon lords had feared better than his own. You may remember that when Conrad set off for the Holy Land his opposition, in particular Henry the Lion, several Saxon lords and the Zaehringer had refused to come along. Bernhard of Clairvaux had organised an alternative crusade for them that would keep them from attacking Conrad’s lands in his absence. That was the so-called Wendisch crusade. The plan was to gather an army and forcibly convert the Slavic pagans who lived east of the Elbe river.

The whole thing was mildly idiotic because many of these peoples were already paying tribute to the Saxon lords and a successful mission to convert them was under way. Moreover, the colonisation efforts since Lothar III had brought a large number of Dutch, Lothringians and Frisians settlers into these areas.

When the Slavic leaders heard about the crusade and it’s aim to forcibly convert them, they fortified their castles and massacred the Christians on their lands. The crusader army found it impossible to break any of these great fortresses. And then the Saxon leaders quickly realised that they were trampling down fields that were supposed to be the source of their own income. So, after a few weeks of marching, murdering and sprinkling holy water on those heads they had not smashed in, the mighty army  went home.

But that was not the end. Henry the Lion did use the aftermath of the crusade to coerce the leaders of the Abodrites to submit more fully to his control. That brought him de facto ownership of what is now Mecklenburg and Pomerania. At the same time Albrecht the Baer “convinced” in inverted commas, the leader of the Ratibor Slavs to convert to Christianity and make him his heir. When he duly died, Albrecht took ownership of what is today the state of Brandenburg, making him now in truth the first Margrave of Brandenburg.

These new territories were much more loosely connected to the empire. They were private property of the Henry the Lion and Albrecht the Baer rather than Lands he held as a vassal of the king.

I short, Conrad now had to deal with an even stronger adversary in Henry the Lion and a much looser link to his ally, Albrecht the Baer. And, to top it off, Henry the Lion had married the daughter of the duke of Zaehringen, cementing an alliance that brought now 2/3rds of the duchy of Swabia into the anti-Conrad coalition.

As Conrad finds himself surrounded by ever more powerful enemies, an endless list of demands from his allies and dwindling resources he has to rely more and more on the one man with feet in both camps,, Frederick Barbarossa, duke of Swabia.

Barbarossa had grown closer to his uncle during the crusade and the senior Hohenstaufen began recognising the military and diplomatic sills of this junior member. But that did not break his links with the House of Welf. For the last decade Frederick and his uncle Welf VI were almost inseparable. They were camped together on the valley ridge when the German army nearly drowned in a river near Constantinople. They had fought side-by-side first in the civil war over the duchy of Bavaria and later at Doryleum and at Damascus. 

This link that Barbarossa provided became crucial during the last years of Conrad III. Thanks to Barbarossa’s involvement the conflict between the Welf and the Hohenstaufen began to calm down. Henry the Lion was still asking for the duchy of Bavaria, but he did not give military support to Welf VI’s rebellion. When Welf VI suffered a severe defeat, Conrad’s advisers pushed for the utter destruction of the rebellious lord. Instead, Barbarossa brokered a lasting peace between Welf VI and Conrad whereby Welf was spared the ritual humiliation normally required and was given rich benefices for giving up his claims.

Not that this brought the unrest in the realm to an end. Feuds kept going on all over. Lothringia was most affected thanks to a rabble of particularly warlike thugs. The most devastating of these feuds was caused by a disagreement over the election of the bishop of Utrecht that had turned into all out war between the allies of the two candidates. When Conrad called the two sides to come to his court to be judged, they told him he was no longer in charge of such matters and ignored him.

Another story that illustrates the level of anarchy is that of count Hermann II of Winzenberg. He had amassed a huge fortune through feuds and backroom dealings. This brought him into conflict with many Saxon lords, including the bishop of Hildesheim. In the night of January 29th, ministeriales of the bishop entered the castle of Winzenberg and murdered the count and his pregnant wife. They took the 6000 pounds of silver kept at the castle an astronomical sum. Henry the Lion and Albrecht the Baer, the first duke of Saxony and in charge of maintaining order, the latter a relative of the deceased, chose not to chase the murderers and their boss the bishop. Instead they started a feud  over who would get the now vacant Winzenberg lands.

Conrad’s strategy these last few years is hard to nail down. Officially he was working on an expedition to Rome to gain the imperial crown, to put the pope back in charge of the holy city and to deliver against his promises to emperor Manuel and attack Roger II. But these grand plans Were not based on any real options.

By 1151 Henry the Lion had enough of asking politely when the duchy of Bavaria would be handed back to him. Three times did Conrad invite him to a royal assembly to debate his case and three times he did not show. As far as Henry the Lion was concerned Bavaria was a family heirloom and Conrad had stolen it from his family. He was mustering an army and got his allies the Wittelsbachs to start an uprising against the current duke Henry Jasomirgott.. Conrad then went on a completely hare-brained scheme and took a small detachment to Saxony with the intention to capture Braunschweig, the capital of Henry the Lion. Suffice to say, this did not work out either.

Conrad turns again to Barbarossa to find a solution. Barbarossa opened negotiations with his uncle Welf VI and his cousin Henry the Lion. He brings the new duke of Zaehringen, Berthold into the fold so that things look marginally brighter when Conrad calls for a royal assembly in Bamberg in February 1152.

And there, on February 15th, Conrad III, the first of the Hohenstaufen rulers, died. He was 59 years old when he finally succumbed to Malaria and general exhaustion.

He left behind a son, Frederick who was 8 years of age. This Fredrick had not yet been elected and crowned king. But his election and coronation had been scheduled for right around now as part of the preparation for Conrad‘s journey to Rome. As we have seen before, these expeditions to Rome were extremely dangerous and hence emperors have their sons elected and crowned king before their departure, even if they were only minors. That had happened with Otto II, Otto III, Henry III and Henry IV.

By February 1152 all the necessary preparations for a royal election and coronation had been made, dates have been set, imperial regalia brought along, and archbishops summoned.

But it will not be little Frederick who will be elected and crowned, but his cousin Frederick Barbarossa. According to Otto of Freising old Conrad changed his mind on his deathbed. Because the empire was in such dire straits and his son so young he implored his nobles to elect Frederick Barbarossa a worthy man of proven military capabilities and diplomatic skill. Conrad handed Barbarossa the Imperial regalia and breathed his last. Barbarossa then travelled to Frankfurt where the great and the good of the country assembled in record time and elected him unanimously. He was chosen for his ability to reconcile the warring Hohenstaufen and Welf families and so – for the good of the realm- they rejected the claims of young Frederick. Barbarossa travelled in just 3 days with a small number of companions to Aachen where he was crowned with all the proper kit and by the proper archbishop. Done! It took just 24 days from Conrad‘s death to the coronation of the new king. This was the fastest turnaround during the whole of the early and high Middle Ages. And it was the first time a king was elected over a male descendant of the previous king.

Historians have been agonising over this sequence of events for centuries and all they can agree on is that it almost certainly did not happen the way Otto von Freising described it. The bishop writes this chronicle 6 years after Frederick Barbarossa had been crowned. And, he writes it because his nephew had commissioned him to produce his biography. Chances are, he would not make a big song and dance about stealing the crown from a kid.

The issues historians stumble over begins with Conrad‘s funeral. Conrad had requested a burial in the family monastery in Lorch about 200km southbound Bamberg. A slow funeral procession of the dead king and a proper sending would have cost not just days but weeks. Days and weeks Barbarossa did not have. Nobody knows what would happen if the princes had time to discuss the succession. Barbarossa wanted to use the scheduled election and coronation dates of little Frederick. If he wanted to make these dates he had to put Conrad III three feet under pronto. The solution was to bury him right here in the cathedral of Bamberg. Luckily for Frederick there weren’t many great aristocrats present to stop him. The local bishop was a friend/relative/client and could be persuaded to put the old king down in three days flat in exchange for a sizeable bribe, the abbey of Niederalteich. And to this day, the bones of weary king Conrad lie in a last corner of Bamberg Cathedral, forgotten, as king Conrad is now largely forgotten.

Whilst the funeral ceremonies are ongoing the scriptorium of the duke of Swabia is doing overtime and his riders race at the double. Within days Barbarossa‘s friends and contacts know about Conrad‘s demise and that the election was to go ahead in Frankfurt.  

The most important  letters went to the two necessary archbishops, Cologne and Mainz and his relatives in the Welf family, Welf VI and Henry the Lion. He sets up a meeting with all of them in a castle just outside Frankfurt to discuss the terms of their support. Henry the Lion’s demand is simple, the duchy of Bavaria. Welf VI is less clear, but some elevation of his status was on his docket. Cologne asks for ducal rights in lower Lothringia. Mainz remains undecided. No record of the meeting survives, but given that all these demands were met at a later stage,  is fair to assume that Barbarossa promised these privileges already at that point.  And then there is Wibald of Stabo, the abbot who had managed to stay at the heart of politics under Lothar III and Conrad III by moving into the right camp at the right time. He too joins the Friends of Frederick against a small donation.

All in it seems as if Barbarossa is happy to hand out goodies to all and sundry. He has learnt from his father’s failure in the 1126 election how important it is to press the flesh and hand out baubles.

That explains why on March 4th, a mere 17 days after king Conrad’s demise the great assembly of the German knights and princes  assembled at Frankfurt elect Frederick, duke of Swabia, called Barbarossa for his ginger beard, to be Frederick, King of the Romans, first of his name.

He and some of his closest associates, including the archbishop of Cologne board a ship that takes them to Sinzig on the Rhine river. There they pick up horses and ride the 100km to Aachen in just two days so that he can be crowned on March 9th, the Sunday Laetare Jerusalem, the fourth Sunday of lent. That day is of major significance to the Hohenstaufen, as it was the day Conrad and Frederick had to prostrate themselves before emperor Lothar III and it has been the day of Conrad’s coronation and now Barbarossa’s coronation.

So, did Barbarossa steal the election to use a recent term? I do not think so..

It hinges on whether the German nobles would have elected an orphan 8-year-old as king, only because he was the son of the previous ruler? If we go back to the assembly at Forchheim in 1078 that elected the anti-king Rudolf of Rheinfelden and laid out the criteria for elections, it stated explicitly that the choice should be driven by merit, not by descendance from previous rulers. And, as we saw with the elections of Lothar III and Conrad III, endorsement by the predecessor counted for very little. So, after Conrad’s death the chances of little Frederick were slim to start with, even if his father had wanted him to be king.

So, here we are

Just two months ago Barbarossa was helping his uncle to keep his tottering empire together by reconciling him with his enemies and now he finds himself wearing the crown.

A new king does not mean the old problems go away. The kingdom is still in anarchy, torn apart by feuds. Barbarossa had sworn the age-old coronation oath to honour and love the holy mother church and to provide peace and justice to the widows and orphans and the whole of the people.

And the  great mystic Hildegard von Bingen steps in,  beseeching to carefully investigate the many who have extinguished the light of justice with the blackness of their sins.

But how was he to achieve this.

Having seen his uncle’s reign close-up, he knew that he could not overcome the Welf even if he wanted to. Things had to be done differently this time around. Conflict with his magnates, in particular conflict with the house of Welf leads only to the ruin of the kingdom.

The new model of government is one of cooperation between the emperor and the princes. It was time  to recognise their  demands and find a way to grant them what they really wanted. Having spent the last 15 years as one of these princes he was uniquely able to identify what it was they wanted, which can often be different from what they said they wanted.

Barbarossa begins handing out goodies.

His beloved uncle Welf VI gets the duchy of Spoleto, the margraviate of Tuscany and -for good measure – the kingdom of Sardinia. Not that Barbarossa had any factual control over these lands, and in the case of Sardinia not even a legal claim does not really matter. Welf VI is now a duke, and that is all he ever wanted.

The new duke of Zaehringen, Berthold, becomes rector of Burgundy. Not that anyone knows what that is, but it sounds good. And if you have enough knights in shining armour, you can turn it into territorial gains in Burgundy, which is what he really wanted.

The counts of Meissen and our old friend Albrecht the Baer, well they get recognised in their recently acquired possessions in the east. And then he gives the archbishopric of Magdeburg to one of their relatives. He supports one of their candidates to become king of Denmark who also happened to be an old friend of his so no hardship..

And that gets us to the big one, the settlement with Henry the Lion. Conrad III saw the situation as irresolvable. Henry the Lion claimed the duchy of Bavaria as an inherited fief of the Welf family. It was his – full stop.. But Conrad could not give it to him even if he wanted to since the current duke was his half-brother, Henry Jasomirgott, the margrave of Austria and his only firm ally.  Basically, unless either one wins militarily or dies, as far as Conrad could think, this war would keep going.

That is where Barbarossa’s genius comes in. Barbarossa understood that the actual power associated with the ducal role was negligible. The ducal domaine had shrunk and the vassals were no longer following every  call to arms from the duke. It had become a title in the modern sense,  something that bestows standing and honour but no tangible assets. And if that is the case, it is a problem that can be solved.

Barbarossa negotiates the so-called Privilegium Minus with his uncle Henry Jasomirgott. In this agreement the Babenberger gives up the duchy of Bavaria, not to Henry the lion, but back to the King. Barbarossa then divides up the duchy and creates two new ones, Bavaria and the duchy of Austria. That means the Austrian is no longer formally obliged to give suit to the duke of Bavaria. And on top of that the Austrian duke is also relieved from the obligation to provide military services to the king. Austria is now an almost independent state within the empire, allowed to participate but not obliged to do so..The remaining Bavarian duchy then goes to Henry the Lion, who is now Duke of Saxony and duke of Bavaria.

And finally, his cousin, little Frederick who was not to become king, he gets the duchy of Swabia that Barbarossa hands over to him.

You see, all dukes now.

Barbarossa‘s change of approach does not end with handing out titles to anyone who demands one. This is a society driven by status, by how close you are to the king, how much influence you have.to repeat something I said many episodes ago, the great princes needed this closeness to the king in order to justify their role vis a vis their own vassals. They had to be able to provide their subjects with access to the royal justice at their discretion. If they lacked access their vassals would try to get past them to gain the favour, privilege or fief directly from the king. Hence Barbarossa makes sure they are seen close to the king. He was a master at massaging egos.

During Barbarossa’s reign all major decisions are always made, not by the king/emperor in the solitude of the throne room, but by consensus, in a court of princes. The transfer of Bavaria is not Barbarossa’s decision, it is formally a decision by the court of princes.

The great princes are being involved in the reign of the king, they are part, or as he loves to say, limbs of the body of the realm.

As one of his first acts Barbarossa declares a Landfrieden, a common peace. The peace contains 20 detailed provisions about what is allowed and what is not allowed and the sanctions for the perpetrators. It also contains specific rules on how fiefs can be inherited, lost and gained as well as the rights to bear arms, to graze cattle and horses and many other things that were at the heart of many feuds. And this being Barbarossa, the peace is not declared as a order of the king like the peace of say Henry III, but as a joint declaration by the king and the princes, who are also in charge of implementing these rules in their territories.

Otto von Freising rejoices at his nephew‘s reign. He calls him the cornerstone of the realm linking the two warring houses of Welf and Waiblingen bringing the eternal conflict to an end. As he pacified the big conflicts he gains the authority tonresolve the smaller feuds as well. The canons of Utrecht who had so rudely rejected Conrad’s offer of mediation are now falling on their knees before their new sovereign, promising to obey whatever he may decide. For the first time in more than a century the realm is at peace. 

All this is a radical shift away from the policy of ever tighter centralised reign that had started with Otto the Great. Barbarossa is taking a deliberate step back, back to the idea of ruling by consent of his nobles, nobles tied to him by links of friendship and common purpose.

If the reign of Conrad III reminded people of the reign of Conrad I the hapless first non-Carolingian king of East Francia, Barbarossa’s approach reminds people of Conrad I’s successor, King Henry the Fowler.

And that gets us to the second element of Barbarossa‘s reign. Like in Henry the Fowler‘s days, consensus is not enough to keep these power-hungry warlords in line. What a ruler needs is a common purpose. In Henry the Fowler‘s days the common purpose was the Defence against the Magyars. In Barbarossa times, well we will see next week when he sets out his big policy plan that he hopes will bring the empire back to the splendours of Rome of antiquity.

I hope you will join us again.

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