CHAPTER XVIII

COLOGNE, LORRAINE, AND ALSACE

1473-1474

Late as it was in November, the weather was still very mild, and as

the emperor and duke travelled in opposite directions, neither the

former as he went down to Cologne, nor the latter as he passed up

the valley of the Moselle to that of the Ell, was hindered by autumn

storms. The summer of 1473 had been marked by unprecedented heat and

a prolonged drouth.[1] Forest fires raged unchecked on account of the

dearth of water and, for the same reason, the mills stood still.

The grape crops, indeed, were prodigious, but the vintage was not

profitable because the wine had a tendency to sour. Gentle rains

in September prepared the ground for an untimely fertility. Trees

blossomed and, though some fruits withered prematurely, cherries

actually ripened. Thus the Rhinelands presented a pleasant appearance

as Charles rode to Lorraine.

His first pause was at Thionville in Luxemburg, where he stayed about

a fortnight and received ambassadors from Hungary, Poland, Venice,

England, Denmark, Brittany, Ferrara, the Palatinate, and Cologne.[2]

The result of his conference with the last named was a declaration

on the duke's part which seriously affected his later career. The

condition of Cologne must be touched on as an essential part of this

narrative.

The late Duke of Burgundy had attempted to pursue a line of policy in

regard to the ecclesiastical elections in the diocese of Cologne that

had succeeded in Liege and in Utrecht. In 1463, he had tried to force

the chapter to elect his candidate. They had refused to follow

his leading, but their own choice, Robert, brother of the

elector-palatine, did not prove a congenial chief, and the new prelate

turned to Philip for aid when he found his chapter disposed to

restrict both his revenues and his temporal authority. Later, in 1467,

as the audacity of his opponents increased, the archbishop appealed to

his brother, the elector, and to Charles of Burgundy. The latter

was busy in France, but he wrote a sententious letter to Cologne,

exhorting both chapter and city to be obedient to their chosen

spiritual and lay lord. This intervention was resented. The breach

widened between Robert and his people, culminating in actual

hostilities. The chapter took possession of the town of Neuss,

accepted Hermann of Hesse as their protector, and sent an embassy to

Rome to state their grievances. The elector aided his brother and the

belligerent parties grew in strength.

The city of Cologne wavered for a space, undecided which cause to

espouse, and finally chose the chapter's side, signing a five years'

alliance with that body, which had officially renounced allegiance to

Robert, pending the judgment of pope and emperor on the dissension.

Such was the state of affairs when Charles entered into possession of

Guelders and manifested a disposition to interest himself in Cologne.

He informed the chapter that he was greatly displeased with their

contumely. To Cologne he said, "Be neutral," but the burghers showed

so little inclination to heed his neighbourly advice that he tried

harsher measures and permitted Cologne merchants to be molested in his

domains.

In 1473, all hostilities were suspended in the hopes of imperial

intervention.[3] While Charles was still in Guelders, Robert paid

him a visit, held long conferences with him, and probably received

promises of future aid, for he had an air of arrogance when he

returned from the interview. During the sojourn of duke and emperor at

Trèves, a papal legate, the Bishop of Fossombrone, arrived from Rome

with plenary powers to settle Cologne affairs, and his measures were

endorsed by Charles in a letter from Trèves.

For a time Frederic III. seemed inclined to refrain from interference,

then something influenced him in another direction. When he arrived

at Cologne in November, he received a warm welcome and costly gifts,

which he repaid by conferring a mass of privileges on his "good

city,"--cheap and easy benefits,--but he did not prove an efficient

arbitrator, simply postponing any decision from day to day, though he

was begged to settle all difficulties before Charles should attempt to

relieve him of the trouble.

True, Charles was detained elsewhere. But he no longer felt the need

of conciliating the emperor, and at Thionville, on December 11, 1473,

he issued a manifesto declaring that his friend Robert was entirely in

the right, his opponents in the wrong.[4] As these latter defied papal

legate and arbitrator duly authorised to settle the points of dispute,

he, Charles of Burgundy, would constitute himself defender of the

insulted archbishop. At the same time, he despatched Ètienne de Lavin

to check the encroachments of the insolent rebels. The declaration

emboldened Robert to defy the emperor's summons to meet him and the

papal legate. They both declared that they would take measures to

bring him to obedience, but Frederic did not wish to tarry longer at

Cologne. In January he took his departure, having directed Hermann of

Hesse to protect that see against all aggression.

Apparently, at that time, in spite of the manifesto, there was no

formal treaty between Charles and Robert, but there are two drafts for

such a treaty in existence,[5] wherein the former pledged himself to

force chapter, nobles, and city to submission, in consideration of the

sum of 200,000 florins, while the archbishop gave permission to his

ally to garrison all strongholds, including Cologne. Pending his

autumn sojourn in the upper Rhinelands, Charles had, therefore, plans

regarding Cologne definitely in mind.

_Lorraine_

This duchy was even more interesting to Charles than Cologne, and

there were many matters in its regard which demanded his urgent

attention in 1473. It, too, was a pleasant territory, and conveniently

adjacent to Burgundian lands. A natural means of annexation had been

considered by Charles in the proposed marriage between Nicholas, Duke

of Lorraine, and Mary of Burgundy. When that project was abandoned to

suit Charles's pleasure, he retained the friendship of his rejected

son-in-law until the latter's death in the spring of 1473. So

unexpected was this event, that there was the usual suspicion of

poisoning, and this crime, too, was charged to the account of Louis

XI., apparently without foundation. Certainly that monarch reaped

no immediate advantage from the death, for the family to whom the

succession passed was more friendly to Burgundy than to France.

The heir to the childless Nicholas was his aunt Yolande of Anjou,

daughter of old King René of Anjou, sister to the unfortunate

Margaret, late Queen of England, and widow of the Duke of Vaudemont.

The council of Lorraine lost no time in acknowledging Yolande as their

duchess. She hastened to Nancy, the capital, with her son René, aged

twenty-two, where they were received hospitably, and then Yolande

formally abdicated in favour of the young man, who was duly accepted

as Duke of Lorraine.

Now there was a large party of Burgundian sympathisers in Nancy, and

it was probably owing to their pressure that very strong links were at

once forged between Charles and the new sovereign of the duchy. The

apprehension lest the former should protect the land as he had the

heritage of his namesake, little Charles of Guelders, was expressed by

the timorous, but their counsels were overweighted, and, on October

15th, René accepted a treaty whose terms were very favourable to

Burgundy. In exchange for being "protector,"--an office that the

emperor had already been asked to change into suzerainty,--René

cemented an alliance, offensive and defensive, with Charles, giving

the latter full permission to march his forces across Lorraine.

Further, he pledged himself to appoint as officials in all important

places on the route "men bound by oath to the Duke of Burgundy." Yes,

more, these were discharged from fidelity to Renè in case he abandoned

Burgundian interests.

Yolande of Vaudemont endorsed these articles by adding her signature

to that of her son. Charles feared, however, that the provisions

might not be adhered to by the Lorrainers--so humiliating were the

terms--and exacted in addition the signatures of the chief nobles. On

November 18th, seventy-four of these gentlemen attested their

approval of an act that practically delivered their land to a

stranger,--evidence that they doubted the ability of their hereditary

chief, and preferred Burgundy to France.

There is a story that Charles tried other methods than diplomacy,

before he got the better of the young duke in this bargain, that he

actually had him stolen away from the castle of Joinville where he was

staying with his mother.[6] Louis promptly came forward and arrested a

nephew of the emperor, a student in the University of Paris, and kept

him as a hostage until the release of René. Rumour, too, asserts that

there was a treaty of Joinville, wherein René asserted his friendship

with Louis, which was intermitted by his relations with Charles, to be

resumed later. That also seems to be improbable. The formal alliance

with Louis did not come then, though the king took immediate care

to build up a party in his behalf in Lorraine, and to keep himself

informed of the progress of the new regime.

From Thionville, Charles journeyed on to Nancy, where he was welcomed

by his protégé, outside the city walls, and the two rode in together

as the duke and the emperor had entered Trèves. Charles had been so

long keeping up a show of obsequiousness which he did not feel that,

undoubtedly, he enjoyed again being the first personage.[7] He

refused, however, to accept the young man's hospitality, and spent the

two days of his sojourn in the house of a certain Malhortie, where

he felt more at ease in his conferences with Lorrainers willing to

proceed further to the disadvantage of their new sovereign.

The ally certainly became more exigeant. In various towns on the

Moselle, Épinal, Charmes, Dompaire, etc., the Lorraine soldiers were

replaced by Burgundians. This immediate and arrogant use of the rights

he had wrested from the Duke of Lorraine alienated many who had been

warm for Burgundy. René himself admired Charles as Maximilian had

done. The strong man exercised a fascination over both youths, but

the duke did not turn this admiration into real friendship,

underestimating the character of his protégé. His measures, too, were

taken without the slightest consideration for local feeling. Garrison

after garrison was installed and commanded to obey his officers alone,

while the soldiers were allowed to levy their own rations, equivalent

to raids on a friendly country. As always, the agglomeration of

mercenary companies was difficult to control. The duke did not succeed

in having those remote from his jurisdiction kept in due restraint.

Complaints began to pour into his headquarters. Public sentiment

shifted day by day. The Burgundian became the personification of a

public foe. Before Charles proceeded on his way to Alsace, René had

begun to lose his admiration and it was not long before he impatiently

awaited an opportunity to break with his too doughty protector.

_Alsace_

During the four years that Charles had delayed in coming to look at

the result of the bargain of 1469 in the Rhine valley, his lieutenant,

Peter von Hagenbach, had given the inhabitants reason to regret

the easy-going absentee Austrian seigneurs. Much had been done,

undoubtedly, in restraining the lawlessness of the robber barons. The

roads were well policed, and safety was assured to travellers. "I

spy," was the motto blazoned on the livery of the forces led by

Hagenbach up and down the land, until he had unearthed lurking

vagabonds. It was acknowledged that gold and silver could be carried

openly from place to place, and that night journeys were as safe as

day. Still, this advantageous change had not won popularity for the

man who wrought it. Perhaps the people thought it less burdensome to

make their own little bargains with highwaymen or petty nobles,[8] a

law unto themselves, than to meet the rigorous requisitions of the

Burgundian tax collector.

It was the country that had profited most by the new administration.

The small towns had long enjoyed great independence, and had shown

ability in managing their own affairs. They wanted no interference.

Not liked by those whom he had really protected, Hagenbach was

absolutely hated by the burghers who felt his iron hand, without

acknowledging that its pressure had more good than evil in it.

Then there were the neighbours to be considered. The Swiss had hated

Sigismund and all Austrians, and had been prepared to prefer Burgundy

as a power in the Rhinelands. But Hagenbach took no pains to win their

friendship. His insolent fashion of referring to them as "fellows" or

"rascals," added to acts of aggression, unchecked if not condoned by

him, aroused bitter dislike to him in the confederated cantons,[9] and

in their allies, Berne, Mulhouse, etc. By 1473, there was a growing

sentiment in Helvetia that they would be happier if Austria had her

own again, while the uneasiness in the cities that stood alone had

greatly increased.

Within Hagenbach's immediate jurisdiction, the opposition to his

measures took a definite form long before the duke's arrival there.

The various commissioners sent by Charles to inspect the quality of

his bargain had all agreed in an urgent recommendation to the duke to

redeem, at the earliest possible moment, all the troublesome mortgages

honeycombing his authority. Hagenbach, too, was fully convinced of the

necessity for this measure, but he was not provided with sufficient

money to accomplish it.

In the spring of 1473, therefore, he resolved to lay a new tax on

wine. This impost, called the "Bad Penny," was bitterly resented for

two reasons. The burden was oppressive to the vintners and it was an

illegal measure, as no sanction had been given by the local estates.

Three towns, Thann, Ensisheim, and Brisac, declared that they were

determined to refuse payment.

Hagenbach marched a force into the Engelburg, a stronghold dominating

Thann, bombarded the town, and took it easily. Thirty citizens were

condemned to death as leaders in an iniquitous rebellion against the

just orders of their lawful governor. Some of these, indeed, were

pardoned, though their estates were confiscated, but five or six

were publicly executed, and their bodies hung exposed to view on the

market-place, as a hideous object-lesson of the cost of resisting

Burgundian orders.

One execution sufficed to render Ensisheim submissive, but Brisac

proved more obstinate. The magistrates there did not resort to force.

They declared there was no need, for they were fully protected by the

article in the treaty of St. Omer, which forbade arbitrary imposition

of any tax on the part of the suzerain. Their determined refusal made

the lieutenant consent to refer the question to the Duke of Burgundy,

and messengers were despatched to Trèves to represent the respective

grievances of governor and governed. The collection of the tax was

postponed until Charles could examine the situation.

A determined effort to bring the independent town of Mulhouse under

Burgundian sway was another act of 1473, fanning opposition to a white

heat that forged organised resistance to any extension of Burgundian

authority. For three years, Hagenbach had endeavoured to convince the

burghers of that imperial city that they would be wise to accept the

duke's protection and have their debts paid. The latter were, indeed,

oppressive, but there was fear lest "protection" might be more so, and

conference after conference failed to produce the acquiescence desired

by Hagenbach.

In 1473, that zealous servant of Burgundy declared that if the

burghers persisted in their refusal he would resort to force. Their

reply was that Mulhouse could not take such an important step without

consulting her friends, the Swiss. "Are the cantons going to help you

pay your debts?" was the sneering comment of Hagenbach. "Mulhouse is

a bad weed in a rose garden, a plant that must be extirpated. Its

submission would make a charming pleasure ground out of the Sundgau,

Alsace, and Breisgau. The duke knew no city which he would prefer to

Mulhouse for a sojourn," were his further statements.[10]

Two days were given to the town council for an answer. Hagenbach

remarked that it was useless to think that time could be gained until

the mortgaged territories should return to Austria. "Far from planning

redemption, Duke Sigismund is now preparing to cede to _Charles le

téméraire_ as much again of his domain and vassals." Still Mulhouse

was not convinced that the only course open to her was to let Charles

pay her debts and receive her homage. No answer was forthcoming in the

two days, but ready scribes had prepared many copies of Hagenbach's

letter, which were sent to all who might be interested in checking

these proposals of Burgundy.

On February 24, 1473, a Swiss diet met at Lausanne and there the

matter was weighed. Hagenbach's letter was shown to those who had

not seen it, and methods of rescuing Mulhouse from her dilemma were

carefully considered. Years ago a union had existed between the forest

cantons and the Alsatian cities. There were propositions to renew

this alliance so as to present a strong front to their Burgundian

neighbour. The cantons had enough to do with their own affairs, but

the result of the discussion was that, on March 14th, a ten-year

Alsatian confederation was formed in imitation of the Swiss.

The chief members were Basel, Colmar, Mulhouse, Schlestadt, and two

dioceses, and it is referred to as the _Basse-Union_ or the Lower

Union, the purposes being to guarantee mutually the rights of the

contracting parties, to meet for discussion on various questions, and,

specifically, to help Mulhouse pay her debts. A few days later, March

19th, there was a fresh proposition to make an alliance between

this _Basse-Union_ and the Swiss confederation. This required a

_referendum_. Each Swiss delegate received a copy of the articles to

take back to his constituents for their consideration. No bond between

the confederation and the union was, however, in existence at the time

when Charles was approaching Alsace. Various conciliatory measures

on his part had somewhat lessened immediate opposition to him, but,

nevertheless, there were frequent conferences about affairs. Diets

were almost continuous and there were strenuous efforts to raise money

to free Mulhouse from her hampering financial embarrassments.

Hagenbach had not followed up his threats of immediate war measures,

but it was known that he had obtained imperial authorisation to

assume the jurisdiction of Mulhouse, a step which her allies hoped to

forestall by settling her debts. Strasburg offered to contribute six

hundred florins, Berne and Soleure seven hundred, Basel four hundred,

while Colmar, Schlestadt, Obernai, and Kaisersberg together hoped to

raise another four hundred. A diet was called at Basel for December

11th, and Zürich and Lucerne were expected to enter into the union.

The tidings of the duke's approach were undoubtedly a stimulus to

these renewed efforts to make the league strong enough to withstand

him. The sentiment expressed by the pious Knebel, "May God protect us

from his mighty hand," voiced probably a wide-spread dread.

When Charles entered Alsace, his escort was large enough to

inspire fear, but there was no opposition to his advance, though

consultations, now at one city, now at another, were frequent. The

duke paid little heed to their deliberations, under-estimating their

importance, while he was gracious to any words of welcome offered to

him. Strasburg sent him greetings while he rested at Châtenois, and so

did Colmar. The latter town expressed her willingness to receive him

and an escort of one or two hundred, but was firm in her refusal to

admit a larger force within her walls. By this precaution, Charles was

baffled in his plot to gain possession of the town, and so passed on

his way.

On Christmas eve, the traveller made a formal entry into Brisac, where

a temporary court was established, and where audience was given to

various embassies with the customary Burgundian pomp. Meanwhile the

troops, forced to camp without the walls, were a burden to the land,

and seem to have been more odious than usual to their unwilling hosts.

The citizens of Brisac offered homage on their knees and had their

hopes raised high by their suzerain's pleasant greeting, but they

failed to obtain the hoped for assurance that the treaty of St. Omer

should be observed in all respects. Among the envoys were many who

undertook to remonstrate in a friendly fashion about the imposition

of the "Bad Penny" tax on the Alsatians, and the over-severity of

Hagenbach's administration. The cause of Mulhouse, too, was urged,

notably by Berne. The representations of these last envoys were

received most courteously. The duke rather thought that the city could

be detached from the league, and therefore gave himself some trouble

to establish friendly relations.

To Mulhouse, too, his tone was conciliatory. He wrote a pleasant

letter to the town and despatched a councillor thither, who would, he

assured them, arrange matters to their satisfaction. But an abortive

_coup d'état_ on the part of the Burgundians, which would have given

them possession of Basel, destroyed the effect of these reassuring

phrases. The burghers were warned in time, looked to their defences,

and banished from their midst every individual suspected of Burgundian

sympathies. Every newcomer was carefully scrutinised before he was

admitted within the walls, and the Rhine was guarded most rigidly. The

propriety of these precautions was soon proven.

Charles ordered a review at Ensisheim, the official capital of the

landgraviate. Thither marched his troops from every quarter. Those

from Säckingen, Lauffen, and Waldshut found their shortest route over

the bridge at Basel, and there they appeared and begged to be allowed

to cross. Their sincerity was doubted, and the least foothold on the

city's territory was sternly refused then and a week later, when the

request was renewed. The method of introducing friendly troops into a

town and then seizing it by a sudden _coup de main_ was what Charles

had been suspected of plotting for Metz, and later for Colmar, and

there seems to be no doubt that a third essay of this rather stupid

stratagem was planned, only to fail again, and this time to be

peculiarly disastrous in its reflex action.

The review took place and the strength of the Burgundian mercenaries

was duly displayed to the Alsatians, but no satisfactory assurances

were given to Brisac and the other towns that their suzerain

would restrict his measures of taxation and administration to the

stipulations of the contract of St. Omer. On the contrary, when

Charles passed on to Burgundy it was plain to all that he had _not_

restricted the powers of his lieutenant in any respect, but rather had

endorsed his general method of procedure.

One night was spent at Thann[11] and then the duke took his leave of

the annexed region whose people had hoped so much from his visit to

them. In mid-January he arrived at Besançon, his winter journeying

being wonderfully easy in the unprecedentedly mild weather.

Hagenbach lost no time in proceeding to the levying of the impost now

approved by the duke, who had at the same time expressly ordered that

the people were to be treated mildly, and that summary punishment

was to check all excesses on the part of the eight hundred Picards

employed by Hagenbach to aid the tax collector. The governor, however,

saw no further need for gentle treatment or for respect to privileges.

In Brisac, municipal elections were arbitrarily set aside, and

officers appointed by the governor. The corporation was curtailed

of power, and the burghers were forced to prepare to march against

Mulhouse.

Having accomplished his duty to his own satisfaction, Hagenbach

proceeded to give himself some relaxation. His own marriage took place

on January 24th, and he celebrated the occasion with great fêtes. It

is of this period in Hagenbach's life that the stories of gross excess

are told.[12] It seems as though, having once abandoned restraint

towards the city, his personal passions, too, were permitted to run

riot, and he spared no wife nor maid to whom he took a fancy.

As he had succeeded in impressing the "Bad Penny" on the little

independent landowners, he tried to extend it to the territory of the

Bishop of Basel. Vehement was the opposition which was reported to the

duke, who promptly ordered his lieutenant to restore the prisoners he

had taken and to cease his aggressions. Charles was not ready to

meet the Swiss, and was willing to defer an issue, but he was wholly

ignorant of the real strength of the confederation. Hagenbach then

proceeded to make a stronghold of Brisac and waited for further

action.

[Footnote 1: De Roye, p. 105.]

[Footnote 2: He also issued administrative orders. It was at this time

that he instituted a high court of justice and a chamber of accounts

at Mechlin, both designed to serve for all the Netherland provinces.

This measure was bitterly resented by the local authorities.

(Fredericq. _Le rôle politique et social des ducs de Bourgogne_, p.

183.)]

[Footnote 3: Letters are preserved in the Cologne archives. (Toutey,

p. 64.)]

[Footnote 4: Toutey, p. 66. This document is in the Cologne archives.]

[Footnote 5:_See_ Toutey, p. 66. These are printed in Lacomblet,

_Urkunden_, iv., 468, 470.]

[Footnote 6: Jean de Roye is the only contemporary to tell this story.

Both Toutey and Kirk reject it. (_See_ Toutey, p. 76; Kirk, ii.,

271.)]

[Footnote 7: Toutey's suggestion.]

[Footnote 8: All sons inherited their father's title, so that there

were many landless lords.]

[Footnote 9: At this period there were eight in the confederation,

which was a loose structure in which each member preserved her

individuality.]

[Footnote 10: _See_ Toutey, p. 82, who quotes from the _Cartulaire de

Mulhouse_, iv., _et passim_. This last furnishes the details for these

passages.]

[Footnote 11: In this account Toutey's conclusions are accepted. There

are discrepancies as to dates among the various chroniclers. The

duke's itinerary as given in Comines-Lenglet (ii., 211) does not agree

with that of Knebel and others. But the facts of the narrative are

little affected by the variations. The following is the itinerary

accepted by Toutey:

Dep. from Ensisheim Jan. 8

Stay at Thann " 9-10

Dep. from Belfort " 11

Besançon " 17

Auxonne, slept " 18

Dijon, a " 23

Dijon, d Feb. 19, 1474

Auxonne, slept " 20

Dôle " 21-March 8

(Invested with the Franche Comté of Burgundy.)

Besançon March 12 or 15

Vesoul and Luxeuil March 23-28

Lorraine " 28

Luxemburg Apr. 4-June 9

Easter fêtes " 10

Fête of the Order of the Garter " 23

Brussels June 27]

[Footnote 12: Kirk considers that they are well founded and too

indecent to repeat.]

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