Page:Catholic Encyclopedia, volume 6.djvu/560

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GERMANY
492
GERMANY

its themes from life. Scientific learning, however, had not made equal progress; the time of apprenticeship was not yet passed, while in France and Italy Scholasticism had already shown itself creative. In 1158 Frederick made a second campaign in Italy that closed with the sack of Milan, the subjugation of Italy, and the flight of Pope Alexander III to France. When, however, the rest of Europe sided with the lawful pope, the defeat of the emperor was assured, for the papacy, when supported by all other countries, could not be coerced by Frederick. The emperor's third campaign in Italy (1162-64) ended in the failure of his lower Italian policy, and the outbreak of the plague destroyed the more promising prospects of the fourth expedition. In the fifth campaign (1174) occurred the memorable defeat near Legnano which opened the eyes of the emperor to the necessity of a treaty of peace. In 1177 he made peace with the pope at Venice, and recognized Alexander III, whom he had so obstinately opposed. The papacy had victoriously defended its equality with the empire. In Germany Frederick was obliged to take steps against the violent proceedings of Henry the Lion. The insubordinate Guelph was deposed and his fiefs divided, Bavaria being given to Otto of Wittelsbach. By the repeated allotment of these lands Frederick in reality helped to break up the empire, and when in 1184 he betrothed his son Henry to Constance, the heiress of the Norman kingdom, he prepared the way for new complications. Frederick took part in the Third Crusade in order that the highest power of Christendom might actively fight against the infidel. He was drowned in Asia Minor, 10 June, 1190; and was, at his death, a popular hero. He had greatly strengthened the feeling of the Germans that they were one great people, though a really national empire was at the time quite out of the question; the achievement of unity was prevented by the international character of intellectual, and partly of social, life.

Frederick's son, Henry VI (1190-97), meant to establish a world power along the Mediterranean. His schemes were opposed by a Saxon-Guelphic combination headed by Richard the Lion-Hearted of England, and also by the German princes, who strove to hinder the increase of the royal power aimed at by Henry. The capture of Richard in 1192 dissolved the league of princes and led to peace with the House of Guelph. In 1194 Henry succeeded in conquering Sicily, and it now seemed as though his imperialistic schemes would gain the day; nevertheless they failed owing to the opposition of the German princes and the pope. When Henry died in 1197 the countries of Western Europe had already taken a stand against the all-embracing schemes of the German emperor. Germany was threatened by the horrors of a civil war. All the anti-national forces were active.

Instead of the crown going to Frederick, son of Henry, who was at Naples, Archbishop Adolph of Cologne sought, by means of the electoral rights of the princes, to obtain it for the son of Henry the Lion, Otto IV (1198-1215). But the Hohenstaufen party anticipated this scheme by securing the election of the popular Duke Philip of Swabia (1198-1208). For the first time the question now arose, which of the princes have the right to vote? The number of electors had not, so far, been defined, yet as early as the election of Lothair and Conrad only the princes had voted, and the right of the Archbishops of Mainz to preside at the election was clearly admitted. Not much later the opinion prevailed that only six ruling princes were entitled to act as electors: the three Rhenish Archbishops, the Rhenish Palsgrave, the Duke of Saxony, and the Margrave of Brandenburg; to these was added in the course of time the King of Bohemia. The "Sachsenspiegel" (compilation of Saxon law, c. 1230) caused this view to prevail. At the time of the double election of Otto and Philip the policy pursued by the German princes was a purely selfish one. The energetic Innocent III, who was then pope, claimed the right of deciding the dispute and adjudged the crown to Otto. Thus the latter for a time gained the advantage over Philip. In this conflict the German princes changed sides whenever it seemed to their interest. Archbishop Adolph of Cologne, who had carried the election of Otto, finally fell away from him. Philip gained in authority, and after the successful battle near Wassenberg in 1206 he would have overcome Otto and his ally the papacy, had he not been murdered at Bamberg in 1208 by Otto of Wittelsbach.

Otto IV was now universally acknowledged king. He had promised the pope to give up his claim to the domains of the Countess Matilda of Tuscany and to grant the free election of bishops. But when at Rome he refused to carry out these promises. However, the pope, though displeased, crowned him emperor in 1209. But when Otto after this wished to revive the imperial claims to Naples, the pope excommunicated him (1210).

In the meantime the supreme position of the empire had become so important a matter that foreign princes meddled in German politics. The great conflict between Philip II Augustus of France and John of England was reflected in the contest between the Guelphs and the Hohenstaufens in Germany. Protected by the French and the pope, Frederick II (1212-50) came to Germany and was crowned at Mainz. The coalition of the English and the Guelphs was broken by the French at the battle of Bouvines (1214), yet Otto kept up the struggle for his rights until his death in 1218. The long conflict had greatly impaired the strength of the Hohenstaufen line; both the imperial and the Hohenstaufen domains had been squandered, and the German princes had become conscious of their power. Like his father, Frederick II made Italy the centre of his policy; but at the same time he intended to keep the control of Germany in his own hands, as the imperial power was connected with this country and he must draw the soldiers needed for his Italian projects from Germany. In order to maintain peace in Germany and to secure the aid of the German princes for his Italian policy Frederick made great concessions to the ecclesiastical princes in the "Confoederatio cum principibus ecclesiasticis" (1220) and to the secular princes in the "Statutum in favorem principum" (1232). These two laws became the basis of an aristocratic constitution for the German Empire. They both contained a large number of separate ordinances, which taken together might serve as a secure basis for the future sovereignty of the local princes. In these statutes the expression landesherr (lord of the land) occurs for the first time. In this era Germany was cut up into a large number of territorial sovereignties, consisting of the ecclesiastical territories, the duchies, which, however, were no longer tribal duchies, the margravates, among which the North Mark ruled by Albert the Bear was one of the most important, the palatinates, the countships, and the independent domains of those who had risen from landed proprietors to landed sovereigns. In addition to these were the districts ruled directly by the king through imperial wardens. What Frederick sought to get by favouring the princes he obtained. He had no real interest in Germany, which was at first ruled by the energetic Engelbert, Archbishop of Cologne; after 1220 he visited it only once. It was to him an appendage of Sicily. Frederick's Italian policy threatened the papacy, and he strove by concessions to avert a conflict with the pope. The highly talented, almost learned, emperor was far in advance of his age; an autocratic ruler, he created in lower Italy the first modern state; but by his care for Italy he overstrained the resources of the empire. This brought advantages to the neighbouring Kingdoms of France and England, now long independent powers, as well as