CHAPTER V

LEWIS THE BAVARIAN AND THE AVIGNON POPES, 1314-1347

Disputed election to the Empire—Quarrel between Lewis IV. and John

XXII.—The Franciscans and the Pope—The Heresy of the Beatific

Vision—National feeling in Germany—Causes of the failure of Lewis as

Emperor—The Expedition of the Emperor to Italy—Lewis supports the

Anti-Pope—His retirement from Italy—His position in 1338—The

Succession question in the Tyrol—Election of Charles IV.—Death of

Lewis.

The death of the Emperor Henry VII. (1313) gave occasion for one of

those disputed elections which were almost inevitable as [Sidenote:

Disputed election in the Empire.] long as there was no central power

strong enough to control German factions, and as long as the rules or

custom of election were uncertain and ill-defined. The Hapsburgs eagerly

grasped at the opportunity of recovering the power they had lost by the

death of Albert I. Their opponents, headed as before by Baldwin of

Trier, passed over John of Bohemia on account of his youth, and put

forward as their candidate Lewis, Duke of Upper Bavaria. The rival

forces were not ill-balanced. On October 19, 1314, Frederick the

Handsome, son of Albert I., was chosen at Sachsenhausen by the

Archbishop of Köln, Henry of Carinthia, still claiming the crown of

Bohemia (see p. 18), the Elector Palatine, and the Duke of

Saxe-Wittenberg. On the following day five electors—the Archbishops of

Mainz and Trier, John of Bohemia, Margrave Waldemar of Brandenburg, and

the Duke of Saxe-Lauenburg—gave their votes at Frankfurt in favour of

Lewis the Bavarian. Thus two votes—those of Saxony and Bohemia—were cast

by rival claimants upon both sides. On November 25, a double coronation

took place: Frederick being crowned at Bonn, and Lewis at Aachen. The

dispute could only be settled by arms; and a desultory war, lasting for

seven years, was closed in 1322 by the battle of Mühldorf, where the

capture of his rival seemed to secure the final victory of Lewis.

But the very completeness of Lewis’s triumph only served to provoke a

far more formidable enemy than the Hapsburg duke. As long as the war

lasted in Germany, the Pope had been content to pursue his policy of

strengthening the Guelf party in Italy, confident that his Ghibelline

opponents could receive no assistance from beyond the Alps. Clement V.,

on hearing of the death of Henry VII., had seized the opportunity to

claim the administration, and to grant the office of imperial vicar

during the vacancy to his patron and ally, Robert of Naples. John XXII.,

who succeeded Clement in 1316, after an interregnum of over two years,

continued his predecessor’s policy. But Robert of Naples could only just

hold his own against the Visconti and other Ghibelline leaders; and the

battle of Mühldorf seemed likely to turn the scale decisively against

the Guelfs. In his partisanship for the Angevin cause, John XXII.

determined to revive the most extreme claims of the mediæval Papacy. On

the pretext that he had [Sidenote: Quarrel of Lewis IV. and John XXII.]

the right to decide the disputed election, and that neither claimant

could assume the imperial office without his sanction, he called upon

Lewis to plead his cause before the Roman Curia (1323), and, when he

failed to appear, pronounced him contumacious and finally proceeded to

issue a bull of excommunication against him. Thus commenced a struggle

between the Empire and Papacy which was continued under the pontificates

of Benedict XII. (1334-1342) and Clement VI., and was hardly terminated

by the death of Lewis in 1347.

In many ways this struggle looks like a revival of past struggles

between Emperors and Popes, and to raise the old questions as to the

relations of Church and State. But if it [Sidenote: Peculiarities of the

quarrel.] is examined a little closer, it will be found to differ in

several important respects from its predecessors, and to present

peculiar characteristics of its own. In the first place, the dispute

arises from more petty causes, and the combatants are of lesser mould

than the protagonists of earlier times. There is no Hildebrand or

Innocent III. among the Avignon Popes, and Lewis the Bavarian lacks both

the courage and the imposing personality of Frederick Barbarossa or

Frederick II. The pretensions of the rival powers are less far-reaching

and exalted; and if at times we find the language of the past reproduced

in the papal bulls, it sounds unreal and almost ridiculous. No more

conclusive illustration of the decline of both Papacy and Empire can be

presented than the impression of unreality and insignificance produced

on the mind by the records of this long and obstinate contest.

Yet it is hardly probable that this impression was shared by

contemporary spectators. To them the struggle must have seemed to

involve questions of vital importance. No previous contest between the

rival heads of Christendom had produced so much literature, or

literature of such merit and significance. Michael of Cesena, the

general of the Franciscan Order, John of Jandun, and William of Ockham,

‘The Invincible Doctor,’ exhausted the subtleties of the scholastic

philosophy in their championship of the imperial position against papal

pretensions. Above all, Marsiglio of Padua, in his great work the

_Defensor Pacis_, examined with equal acuteness and insight the

fundamental relations of the spiritual and secular powers, and laid down

principles which were destined to find at any rate partial expression in

the Reformation.[7]

This outburst of literary and philosophical activity was due in great

part to the fact that for the first time in the long strife between

Papacy and Empire, the struggle involved doctrinal differences. Hitherto

the contest had been between Church and State, and the Church had been

for the most part united. But, on the present occasion, the Church was

profoundly divided. The great Franciscan Order had been founded by the

professed advocate of clerical poverty. In course of time this original

principle [Sidenote: The Franciscans and the Pope.] had been departed

from, and the Order had amassed considerable wealth, though it had been

found desirable to conceal the change by making the Pope the trustee,

and giving the Order the mere usufruct of its property. This lapse from

the strictness of the original rules had given rise to a schism within

the Order. The Spiritual Franciscans, or Fraticelli, maintained that

Christ and the Apostles held no individual or corporate property, and

that the Church was bound to copy the examples of its founders. This

doctrine, which was accepted by a chapter of the Order in 1322, was not

likely to find favour with a Pope who was accused, with good reason, of

avarice. John XXII., urged on by the Dominicans, denounced the doctrine

as heretical, and thereby alienated the Franciscans, who could plead in

their favour a bull of Nicolas III., and appealed from the authority of

the Pope to a General Council of the Church. In common hostility to John

XXII., the Franciscans espoused the cause of Lewis the Bavarian, and it

was among them that he found his most enthusiastic champions, and his

most influential advisers.

This antagonism of a section of the Church to its own head seemed likely

to be increased in John XXII.’s later years, when he was induced to

favour the [Sidenote: Heresy of the Beatific Vision.] dogma that the

dead are not admitted to the divine presence until after the final day

of judgment. This contention struck at the root of the prevalent custom

of invoking the mediation of the saints, and provoked a storm of

opposition throughout Europe. Even the French king threatened to abandon

the cause of so heterodox a Pope, and on his death-bed John found it

prudent or necessary to retract his too hasty opinion.

It is obvious that these doctrinal disputes weakened the Papacy, and so

far tended to give the Emperor an advantage. But this gain to Lewis was

as nothing compared with the strength which he derived from the most

noteworthy peculiarity of the struggle. In all previous contests with

the Empire, the Popes had been able to command the services of an

anti-imperial party within Germany, and this party had included not only

the great ecclesiastics, but many of the lay princes. But in the great

critical moments of the struggle with Lewis, this was found to be

impossible. For the first time in history the German ruler found himself

[Sidenote: National sentiment in Germany.] backed up by a vigorous

national sentiment among his subjects, a sentiment quite as strong as

that which had supported Philip IV. of France against Boniface VIII. The

primary cause of this unwonted union among German princes and people was

undoubtedly the residence at Avignon and the subservience of the Popes

to France. The national revolt against a spiritual authority which

allowed itself to become the tool of a hostile state, led in England to

the issue of the great statutes of Provisors and Præmunire, and found

equally resolute expression in Germany in the famous decrees of 1338.

Benedict XII., more moderate and placable than his predecessor, had been

on the verge of a reconciliation with the Emperor, but was actually

forbidden to put an end to the quarrel by the imperious Philip VI. This

open dictation on the part of the French king drove the Germans to fury.

In July, 1338, all the electors with the exception of the King of

Bohemia met at Rense on the Rhine, and formally resolved that the

imperial authority proceeds directly from God, and that the prince who

is legally chosen by the electors becomes king and emperor without any

further ceremony or confirmation. This meeting is noteworthy in the

constitutional history of Germany as the first occasion on which the

electors assumed corporate functions other than the filling of a vacancy

in the throne. In the following month, a numerously attended diet at

Frankfort endorsed the declaration of Rense, and proceeded to draw up

laws which should strengthen the central power. The punishment of death

is decreed against all breakers of the public peace: the feudal tenant

who takes arms against his imperial overlord is declared to forfeit both

life and property: whoever refuses to take up arms at the summons of the

Emperor is pronounced guilty of felony. The decrees of Frankfort seem to

promise a revival of the German monarchy.

In spite of all these advantages on the side of the Emperor, the quarrel

ended, not exactly in a papal triumph, yet in the complete and

humiliating discomfiture of Lewis. Doubtless the personal character of

the Emperor [Sidenote: Causes of Lewis’s failure.] contributed

essentially to this result. Lewis was well-meaning but vacillating: he

could take strenuous measures under the influence of a stronger will,

but when he lost his adviser his habitual irresolution and his

superstitious dread of the terrors of excommunication returned upon him.

To carry through the contest he required the firmness, the intellectual

craft, and the want of reverence of a Philip the Fair; and he had none

of these qualities. On more than one critical occasion, when success

seemed within his grasp, he alienated and disgusted his supporters by

grovelling offers to purchase absolution by surrendering all the

principles which were at stake in the quarrel. Moreover, the doctrinal

disputes in which he became involved, although a source of weakness to

the Pope, were not an equal source of strength to the Emperor. The

Franciscans had many powerful opponents, especially in the great rival

Order of St. Dominic, and these were alienated from the Emperor by his

alliance with a faction in the Church. The Franciscan cause rested upon

an unpractical enthusiasm which could not command the lasting support of

the clergy, accustomed as they were to wealth and to the influence which

it confers. And in the end, the strong corporate spirit of the Church

was inevitably aroused and alienated by the spectacle of a secular ruler

interfering in questions of dogma, and claiming a right of

interpretation and decision.

There was, too, in the Emperor’s position a fundamental weakness which,

unless detected and remedied, was inevitably fatal to his success.

Neither Lewis nor the Franciscan advisers who in the early years of the

struggle dictated his conduct, could realise that the conditions of the

Middle Ages were passing away. They could not see that the old imperial

pretensions were obsolete; that intervention in Italy had always brought

ruin to German kings; that even in Italy the Guelfs had the stronger,

because the less anti-national, position; and that the Ghibellines, the

professed champions of imperial ascendency, only pursued this policy for

their own ends, and had no real desire to weaken their independence by

the foundation of a strong Italian monarchy. Lewis had an almost unique

opportunity of building up such a monarchy in Germany, not on the lines

of the mediæval Empire, but on the basis of the newly awakened national

sentiment and sympathy. This opportunity he threw away because he had no

conception of the conditions under which alone such success could be

attained. Instead of endeavouring to rule as an Edward I. or a Philip

IV., he set himself to imitate the Ottos of the tenth century.

In 1325 Germany was astounded by the news that Lewis had been formally

reconciled with his imprisoned rival. It is true that the treaty was not

carried out, and Frederick, unable to fulfil his promises in face of the

opposition of his brothers, returned to captivity. But in the following

year the death of Leopold, the most resolute and active of the Hapsburg

princes, removed all danger to Lewis from this quarter, and enabled him

to follow the advice of his Franciscan counsellors and to take

aggressive measures against the Pope. In 1327 the Emperor appeared

[Sidenote: Lewis in Italy.] at Trent, where he was welcomed by the

Ghibelline leaders eager to have his assistance against Robert of

Naples. At Milan he received the iron crown of Lombardy, and thence,

accompanied by Castruccio Castracani, Lord of Lucca, he set out for

Rome. The Guelf cause seemed to be ruined in northern and central Italy,

and the partisans of the Pope and Naples fled from the city. In January,

1328, Lewis was crowned Emperor by two bishops, whose chief

qualification was that they shared with their patron the penalties of

excommunication. Three months were spent in planning further

proceedings, and in April John XXII. was formally declared uncanonically

elected and guilty of heresy. In May, Peter di Corvara, a Franciscan

friar, nominated by the Emperor and accepted by the acclamations of the

citizens, assumed the papal title as Nicolas V.

This initiation of a schism in the interests of the Franciscan party

marks the limit of the Emperor’s success in Italy. He had committed

himself to an enterprise which he had neither the moral nor the material

force to carry through. His immediate enemy, Robert of Naples, had not

yet been even attacked. When the imperial troops advanced southwards in

June, they were speedily compelled to retreat, and Lewis thought it

advisable to evacuate Rome and retire to the Ghibelline strongholds in

the north. The Emperor was accompanied by his Antipope, and the Roman

populace, with characteristic inconstancy, expelled the imperial

partisans and opened their gates to the Orsini and the Neapolitan

troops. To make matters worse, death carried off two of Lewis’s chief

advisers, Castruccio Castracani and Marsiglio of Padua. From this time

his career in Italy was one long catalogue of blunders, and he eagerly

seized the excuse for returning to Germany on the news of the death of

his former rival, Frederick the Handsome (January, 1330). The

unfortunate Nicolas V., deserted by his patron, was compelled to resign

his dignity and to make the most humiliating submission to John XXII. He

ended his life a prisoner in the palace of Avignon.

After such a complete and disastrous failure it might have been thought

that the cause of Lewis was ruined, and that he too would have to submit

to the triumphant Pope. But the open alliance of the Papacy with France,

and the consequent alienation of Germany, enabled him to recover much of

the lost ground, and by 1338 his position appeared [Sidenote: Position

of Lewis in 1338.] to be firmer than ever. At the head of a national

movement, which had expressed its sentiments unmistakably in the decrees

of Rense and Frankfort, and closely allied with Edward III. of England,

who was now committed to his great war with France, Lewis seemed able to

dictate his own terms both to Benedict XII. and Philip VI.

But Lewis was as incapable as ever of pursuing a resolute and consistent

course of policy, and at the very moment when success seemed assured he

began to vacillate and draw back. In 1340 he suddenly abandoned the

English alliance and made terms with Philip VI., in the hope that the

French king would use his influence to secure for him the papal

absolution. Philip, delighted to be freed from a very pressing danger,

did endeavour to intercede with the Pope, but even the gentle Benedict

fired up at this attempt to command what the king had previously

forbidden; and the Pope died in April 1342, without having granted the

Emperor the pardon for which he craved. The Germans were naturally

disgusted by Lewis’s pusillanimity, but this feeling was as nothing

compared to the storm of indignation excited by the Emperor’s conduct in

the question of Tyrol. The final cause of Lewis’s failure is to be found

in his reckless pursuit of that policy of family aggrandisement which

had been almost forced upon the holders of the imperial dignity since

the Great Interregnum. In his insatiable greed for territory, he did not

hesitate to alienate the chief German princes at a time when their

support was absolutely indispensable.

In 1335 Henry, Duke of Carinthia and Count of Tyrol, had died leaving an

only daughter, Margaret Maultasch, who [Sidenote: Succession question in

Tyrol.] was married to John Henry of Moravia, a son of King John of

Bohemia. The claim of Margaret to succeed to her father’s territories

was contested by the dukes of Austria, whose father, Albert I., had

married the sister of Henry of Carinthia. The struggle for the

succession between the Houses of Hapsburg and Luxemburg ended in a

partition, the Hapsburg dukes taking Carinthia, while Tyrol was ceded to

their niece Margaret. But the marriage relations of Margaret and John

Henry proved extremely inharmonious, and in 1341 the former discarded

her husband and threw herself upon the protection of the Emperor. The

temptation to acquire a new province for his House was more than Lewis

could resist. He had already in 1323, on the death of Waldemar of

Brandenburg, conferred the vacant provinces and electorate on his eldest

son Lewis. On the death of his cousins, the sons of Henry of Lower

Bavaria, he had seized their land and had thus united the whole of

Bavaria under his own rule. To these acquisitions he would now add the

county of Tyrol. In reckless defiance of ecclesiastical prejudice, he

usurped rights which had hitherto been exercised by the Church. By

solemn decree he granted Margaret a divorce from her husband, and a

dispensation to marry his own son, Lewis of Brandenburg.

The consequences of this reckless action might have been foreseen. The

clergy were alienated by the assumption of clerical powers by a layman,

while the lay princes, headed by John of Bohemia, were jealously

indignant at such an addition to the already immense possessions of the

Bavarian House. The new Pope, Clement VI., found himself at last in a

position to raise an anti-imperial party in Germany, and to bring about

the election of a rival king. But for the fact that Philip VI. was now

engaged in the war with England, Clement, who was a thorough Frenchman,

would probably have used all his influence to secure the election of the

French king. As it was, it was natural to find a candidate in the House

of Luxemburg, which had most cause for exasperation with Lewis, and was

also closely allied with France. John of Bohemia himself was

disqualified by blindness, having lost his eyesight in a campaign

against the heathen Wends of Prussia, but his eldest son, Charles, was

put forward in his [Sidenote: Election of Charles IV., 1346.] place. The

only electors who supported Lewis were his own son, Lewis of

Brandenburg, and the Archbishop of Mainz, Henry of Virneburg. The Pope,

to secure another vote, deposed the archbishop, and awarded his see to

Gerlach of Nassau. On June 11, 1346, the three Archbishops, with John of

Bohemia and Rudolf of Saxony, formally elected Charles as king of the

Romans. With characteristic quixotism the blind king, instead of

asserting his son’s title with arms, hurried the new king off to France

to aid his ally, Philip VI. On the field of Crecy John of Bohemia fell

in heroic despair, but Charles IV., whose share in the battle is wrapped

in some obscurity, escaped to Germany to maintain his title.

Meanwhile Lewis had made the last great addition to the territories of

his family. His second wife, Margaret, was a sister of William IV. of

Holland and Hainault, and [Sidenote: Death of Lewis, 1347.] on the death

of that prince in 1345 his possessions fell to William V., a son of

Lewis by this second marriage. The House of Wittelsbach seemed for the

moment so powerful that it need fear no rival, and the injudicious

absence of the Luxemburg princes had enabled Lewis to strengthen himself

still further by an alliance with Albert of Austria. Charles found his

position almost hopeless. An attack upon Tyrol was repulsed, and he was

forced to retire to Bohemia. Lewis, confident of an easy triumph, left

the prosecution of the campaign to the Margrave of Brandenburg and

returned to Bavaria, where he died suddenly on October 11, 1347, while

engaged in a boar-hunt near Munich.

Footnote 7:

See on this subject Riezler, _Die Literarischen Widersacher der Päpste

zur Zeit Ludwigs des Baiers_, and Creighton, _History of the Papacy

during the Reformation_, i. pp. 35-41.

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