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Frederick Barbarossa and the Lombard League: Imperial Regalia, Prescriptive Rights, and the Northern Italian Cities

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Frederick Barbarossa and the Lombard League: Imperial Regalia, Prescriptive Rights, and the Northern Italian Cities Quidditas Volume 10 Article 4 1989 Frederick Barbarossa and the Lombard League: Imperial Regalia, Prescriptive Rights, and the Northern Italian Cities David R. Carr University of South Florida Follow this and additional works at: https://scholarsarchive.byu.edu/rmmra Part of the Comparative Literature Commons, History Commons, Philosophy Commons, and the Renaissance Studies Commons Recommended Citation Carr, David R. (1989) "Frederick Barbarossa and the Lombard League: Imperial Regalia, Prescriptive Rights, and the Northern Italian Cities," Quidditas: Vol. 10 , Article 4. Available at: https://scholarsarchive.byu.edu/rmmra/vol10/iss1/4 This Article is brought to you for free and open access by the Journals at BYU ScholarsArchive. It has been accepted for inclusion in Quidditas by an authorized editor of BYU ScholarsArchive. For more information, please contact [email protected], [email protected]. JRMMRA 10 (1989) Frederick Barbarossa and the Lombard League: Imperial Regalia, Pre criptive Rights, and the orthern Italian Citie by David R. Carr niversity of South Florida The struggle between Emperor Frederick Barbarossa and the Lombard League ill ustrates conllicts between not o nly imperial and municipal ambitions but also regali an and cu tomary rights. The abili ty of the empero r to assert and to profit from regalian right reflected the efficacy of imperial p wer. Conversely, the power of the Lombard city-states lay in the recogni­ tion of Lhe validity of cu tomary rights. While this conflict centers o n the differing principles o f Roman and "Germanic" law, the present study argues that the purported de o ti o n of Barbarossa to Roman law and of the Italian ommunes to ustomary law misrepresents their po itions. T he Lombards' stronge t legal argument came from the prin iple in Roman law of pre rip• tive acquisition. T he Lombard League ultimately forced the emperor to recognize their claim , ye t he did not abandon his claims to the contested re ,alian rights until the ve1·y end of the struggle. This investigation also examines the development of these cities and their league during this struggle. T he political and economic facets of the agreements amo ng the citie of no rthern Italy enabled them to oppose an extraordinary emperor. T he pro torial nature of the re presentatives of the citie and the league reveal the continued presence of urban particularism as well a the absence of the nece sa1·y haracteristics of "natio nalism." The most signifi cant fe atures of the agreements resided in not the political but the economi c provisions that enabled the formation of a dynamic commercial community in no rthern Italy. By the assessment of his contempo rarie ·, Frederick was a wo rthy successor LO Charlemagne's crown. Indeed, verbal portrait of Frederick employed portion of those of the Frank. 1 Frederick's early milita1·y exploits in the servi ce of o nrad III demonstrated both the skill and bravery he would use 30 Frederick Barbarossa in the long struggle with his Itali an o pposition. This likable and handsome extrovert promised a solution to the sq uabbling between the powerful facti o ns of the Welt's and the Staufen, since Frederick descended from both lines. Conrad's designation of Frederick as his successor and Frederick's subsequent election by German prin es culminated at Aachen in a grand coronation and anointment ceremony. In the midst of this celebration, F1·ederick demo nstrated another facet of his personality: the stern and unfo rgi vi ng face he wo uld present to those who o ffended him.' When Frederick I succeeded Conrad III in 11 52 as king of Germany and Italy, imperial power and prestige had been declining for over fifty years. T he investiture struggle, a string of weak emperors, revolts of nobles in Germany, the antago nism o f Hohenstaufen and Welf, and the communal movement in Italy had weakened the empire considerably. Barbaro a, as Fi-ederick ame to be call ed, respo nded to the cha ll enges that threatened to destroy the e mpire, re plyi ng quickly and vigorously to the forces of German parti ularism, to the pa pacy, and to the Ita li an ci ti es. Frederick's tro ubles with the city-states of northern Italy were particularl y significant because of the theoretical and practical impact o f the emperor's eventual defeat.' Frederick, his advisor ·, and hi administrators did not accurately perceive the strength of the Ital ian cities or their devotion to inde pendence:' At be t, urban e ntities did not fit easil y within the confines of a "feudal" system. Moreover, the emperor and his advisors may have held an idie fixe. Frederick's devotion to either Roman law o r a "great design"• might explain the unsuccessful responses of the emperor to the communes. A tatic concept fai led to encompa s the citi s, for they had shown undeniable vitality and flexibility during this formative period. The emperor, however, was as energeti c. Frederick descended into Italy in 11 54 in o rder to receive the crowns of the Lombards and of the empire. As feudal lord of Lombardy, the emperor held a diet at Roncagli a in ovember. He intended to receive the oaths of fealty from his vassals, to preside over the great council of the nobles, and to hold the high court of tJ1 e realm, a court that would give redress to the grievances of his subjects. Frederick, who took ·ei-iously 1.he role of peacemaker and arbitrator, heard the complaints of the consul of Lodi and Como against the aggressio ns of Milan.• He sympatheticall y pronounced the imperial ban again t the Milanese and revoked their royal privi leges.' Barbarossa full y understood that use often became u ·urpation of royal right , a nd he condemned this at the diet. • Frederick wa not concerned over previo us imperial grants of regalian rights to the cities. Rathe,· he focu ed on rights u ·urped by me communes when they wrested political control of their cities from either secular o r spiritual lords. At the moment, however, Frederick was far more interested in progress ing to his imperial coronati o n than in enumerating regalian rights, and he did not specify those right that pertained to the emperor. David R . Carr 31 Frederick did gain the imperial crown but fai led to live up to his agreement wit.h Hadrian JV to free Rome from both the internal threat of its unruly citizens and the external threat of the Kingdom of Sicily.• When Frederick retired from Italy, therefore, he had neither pleased the pope nor reduced Mi lanese ex pan ionism. Hence, the emperor reentered Lombardy in 1157 to cunail the aggression of Milan. In 1158, soon after he had reduced the Milanese to submission, he convoked his second diet at Roncaglia. Frederick, a the king of Lombardy rather tha n as the Roma n emperor·, ought the full advantage of the regalian rights due him. 10 In sharp contrast to his altitude in 1154-1155,11 he now was prepared to subjugate Lombardy both mil itarily and juridically. The diet of 11 58, as in 11 ·4, was a feudal assembly, but the differences between the two we re marked. T he most important business of the earlier diet had been to receive the oaths of fealty of the vassals and to hear grievances. In 1158 Frederick concentrated upo n a new concern: the promulgati on ofa decree enumerating the regalian rights. u h claims were bound to affect citi es mo re than feudatories. •• T he emperor's j udgment against Milan in 11 54 revealed the court's inabil ity to determine precisely what constituted his regalian rights." By the Lime of the ·econd diet at Ro ncagli a (in 11 5 ), however, the e mperor in tructed the "Four Docto rs," expert Roman legi ts," and twenty-eight "judges" from the Lombard communes to draw up a list of the rights of the king in the light of his prerogati ve.,. Thejuri ts had met with representatives of fourteen Lombard communes to determine which rights appertained to the emperor. T he specifi cati o n of regali an rights was very inclu ive. ome dealt with matters of administration and justice: the appointment and installation of magistrate ; the profits from fines and penalties; and the properties of those who committed treason, of those declared outlaws, and of those incestuously married. Another group focused on claims LO military service and other military matters: taxes levied on men and land, the upplying of carriages and hips, extraordinary collections made when the king summoned an expedition, and palace customarily used by the emperor in certain ci ties. A final ategory had broad commercial and economic impact incomes from taxatio n and tolls levied at public roads, navigabl rivers, harbo r , river bank , and market ; revenues from fi sheries, alt-works, minting, and ilver mines; and claims to vacant property, as we ll a LO half or all of the trea ure found on imperial o r hurch lands, depend- ing on whether or not imperial a si tance had been given.•• The emperor wa to receive a ll regalian right that had not been granted to other parties by imperi al charter. This provisio n wa directed against the communes, which had gained privileges largely through usurpatio n. " As in 11 54, Frederick proclaimed that no illegal al ienations of imperial rights or land would be tolerated,' 8 but now he better understood his rights.
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