CHAPTER IX.

GERMANY AND THE EMPIRE.

IT is a commonplace to contrast the political condition of Germany on the eve of the Reformation with that of the great national States of Western Europe. In Germany the dangerous confusion of the national monarchy with the tradition of the Roman Empire had continued fatal to the German Kingdom, even after the imperial idea had ceased to exert any commanding influence over men's minds. The royal power in consequence became the merest shadow of its former self. Central organisation ceased to exist. Private war and general anarchy were chronic. The national life waxed cold, when uncherished by a strong national monarchy; and in the end salvation was to come from the development of the rude feudal nobility of the Middle Ages into an order of small independent rulers, so extraordinarily tenacious of their sovereign rank that more than a score of them have preserved it even amidst the changed conditions of the nineteenth century. While in France, Spain, and England national monarchies, both autocratic and popular, were establishing national unity, ordered progress, and strong administration, Germany was forced to content herself with the loosest and most impotent of federal governments.

Another weighty advantage accrued to the German monarch from the circumstance that his chief rivals were every whit as badly off in dealing with their vassals as he was with his. The well-ordered territorial sovereignties of a later generation had not yet come into existence. The strongest of the imperial vassals were still feudal lords and not sovereign princes. The resources at their disposal were those of a great feudal proprietor rather than those of an independent ruler. Outside their own domains they had few means of exercising any real power. Their vassals were as hard to keep in hand as they were themselves impatient of control by their sovereign. When even the imperial Court was destitute of the appliances of a modern State, the smaller princes could only govern in a still ruder and more primitive fashion. Their revenue was uncertain; their means of raising money were utterly inadequate; their army consisted of rude feudal levies ; and they had no police, no civil or diplomatic service. Although they could be trusted to struggle stoutly and unscrupulously for their immediate interests, they were the last body of men to frame a general policy or depart from their traditional principles in order to suit the temper of the coming age. The very numerous small princes were infinitely worse off than their greater brethren. The free towns, though much better able to protect themselves than the weaker princes, were powerless for aggression.

Electors as prescribed by the Golden Bull did not become the fashion; but the habit of common deliberation became firmly established, and the carelessness of the Luxemburg Emperors, as to all matters not affecting their hereditary dominions, gave the Electoral College an opportunity of playing a foremost part in national history. The Electors claimed to be the successors of the Roman Senate, if not the representatives of the Roman people as well. The attitude of a Wenceslas, a Sigismund, or a Frederick made possible a real sharing of the functions of government between Emperor and Senate, such as is imagined to have existed in the primitive division of power between Augustus and the Senate of his day. The six Electors deposed the incompetent King Wenceslas in 1399, and formed in 1424 the Electoral Union (Kurfurstenvereiri) of Bingen in which they pledged themselves and their successors to speak with one voice in all imperial affairs. Fourteen years later the same Electoral Union was strong enough to adopt for imperial elections the precedent, already commonly set in ecclesiastical elections, of prescribing the direction of the policy of their nominee. The conditions imposed on Albert II before his election prepared the way for the formal Wahlkapitulation which assumes so great an importance in imperial history with the election of Charles V in 1519. In the same way it was the close understanding between the Electors that made possible the programme of imperial reformation championed by Berthold of Mainz. It was only after grave differences of policy had permanently divided the Electors that Berthold's dream of a united Germany became impossible.

Neither Emperors, nor Diets, nor the voluntary associations of classes and districts sufficed to give peace and prosperity to the Empire. The unwieldy fabric had outgrown its ancient organisation and no new system had arisen capable of supplying its needs. Every aspect of fifteenth century history shows how overwhelming and immediate a need existed for thoroughgoing and organic reform. The area of imperial influence was steadily diminishing. Italy no longer saw in the Emperor any one but a foreigner, who could sometimes serve the turn of an ambitious upstart by selling him a lawful title of honour that raised him in the social scale of European rulers. Even the Hundred Years' War did not prevent the spread of French influence over the Middle Kingdom, and the Arelate was now no more an integral part of the Empire than was Italy. But parts of the old German kingdom were falling away. The outposts of Teutonic civilisation in the east were losing all connexion with the Power which had established them. Imperfect as the union established between the Scandinavian kingdoms at Calmar proved to be, it had dealt a mighty blow to the power of the Hansa, while the choice of the Danish king as Duke of Schleswig and Count of Holstein had practically extended the Scandinavian Power to the banks of the Elbe. In the north-east the Teutonic Knights had been forced by the Treaty of Thorn to surrender West Prussia to the Polish kings outright, and to hold as a fief of the Slavonic kingdom such part of Prussia as the Poles still allowed them to rule. Bohemia under George Podiebrad had become an almost purely Slavonic State, whose unfriendliness to German nationality and orthodox Catholicism might well threaten the renewal of those devastating Hussite invasions from which Germany had been saved by the Council of Basel. In Hungary German influence had disappeared with the extinction of the House of Luxemburg; the Magyar King Matthias Corvinus conquered the Duchy of Austria from the Habsburg Emperor, and died master of Vienna. The Swiss Confederacy was gradually drifting into hostility to the Empire; and the House of Burgundy was building up a great separatist State in the Low Dutch and Walloon provinces of the Netherlands. The utter defencelessness of Germany was seen by the devastations of the Armagnacs in Elsass. No prince of the Empire arrested their progress. The stubborn heroism of the Swiss League alone stayed the plague. And beyond all these dangers loomed the terrible spectre of Ottoman aggression.

Three signal successes gilded the end of Frederick's long reign. The power of the House of Burgundy threatened to withdraw the richest and most industrial parts of the Empire from the central authority. But the sluggish Emperor and the inert Empire were at last roused to alarm, when Charles the Bold made the attack on their territory that began with the siege of Neuss. It was an omen of real possibilities for the future when a great imperial army gathered together to relieve the burghers of the Rhenish town. The "New League" of the Alsatian cities which was formed to ward off Charles' southern aggressions was a step in the same direction. And even the "Old League" of the Swiss Highlanders, which finally destroyed the Burgundian power, was not as yet avowedly anti-German in its policy. But, as in Church affairs, Frederick stepped in between the nation and its goal. At the moment of the threatened ruin of his ancient enemy's plans, he cleverly negotiated the marriage of his son Maximilian with Mary, the heiress of Charles the Bold. Soon after the last Duke of Burgundy had fallen at Nancy, Maximilian obtained with the hand of his daughter the many rich provinces of the Netherlands and the Free County of Burgundy (1477). It was not however for the sake of Germany or the Empire that Frederick sought a new sphere of influence for his son. The Burgundian inheritance remained as particularistic and as anti-German under the Habsburgs as it had ever been under Valois rule. But the future fortunes of Austria were established by an acquisition which more than compensated the dynasty for the loss of Hungary and Bohemia.

The purely dynastic ambitions of Frederick were reflected in the policy of the strongest princes of the Empire. We have seen how anti-German were the ideals of such great imperial vassals as Charles the Bold of Burgundy, and the Dukes of Bavaria. Equally anti-national was the policy of the elder or Palatine branch of the Wittelsbach House, then represented by the Elector Frederick the Victorious (1449-76). A magnificent and ambitious ruler, who gathered round his Court doctors of Roman law and early exponents of German humanism, Frederick pursued his selfish aims with something of the strength and ability as well as with something of the recklessness and unscrupulousness of the Italian despot. He made friends with the Cech Podiebrad and with the Frenchman Charles of Burgundy. He was not ashamed to lure on the Bohemian with the prospects of the Imperial Crown, and anticipated the Emperor Frederick's boldest stroke in his scheme to marry his nephew Philip to Mary of Burgundy. Not even Albert IV of Munich was more clearly the enemy of the Empire than his kinsman the " Wicked Fritz." The dominions of the Elector Palatine were indeed scattered and limited. Yet he was not only the strongest but the most successful of the imperial vassals of his time. The failure of his dearest projects showed that the day of princely autocracy had not yet come.

Germany in the early years of the fifteenth century, and had somewhat pushed aside more ancient houses, such as the Guelfs of Brunswick, whose habit of subdividing their territories for a long time grievously weakened their influence. The financial distress of the Emperor Sigismund had forced him to pledge his early acquisition, Brandenburg, to the wealthy and practical Frederick of Hohenzollern, who as Burgrave of Nürnberg was already lord of Kulmbach and of a considerable territory in Upper Franconia. Despairing of redeeming his debt, Sigismund was in 1417 compelled to acquiesce in the permanent establishment of that house in the electorate of Brandenburg. Albert Achilles, Frederick's younger son, had shown in his long strife against Nürnberg and the Wittels-bachs rare skill as a warrior and shrewd ability as a statesman, even when his material resources were limited to his ancestral Kulmbach possessions. Called to the electoral dignity in Brandenburg after his brother Frederick IPs death in 1471, Albert held a position among the northern princes only paralleled by that of Frederick of the Palatinate among the lords of the Rhine. As long as he lived he made his influence felt through his rare personal gifts, his courage, and his craft, and his fantastic combination of the ideals of the knight-errant with those of the statesman of the Renaissance. The welfare of Germany as a whole appealed to him almost as little as to Frederick the Victorious. All his pride was in the extension of the power of his house, and his most famous act was perhaps that Dispositio Achlllea of 1473 which secured the future indivisibility of the whole Mark of Brandenburg and its transmission to the eldest male heir by right of primogeniture. Yet Albert died half conscious that his ambition had been ill-directed. All projects and all warlike preparations, declared the dying hero, were of no effect so long as Germany as a whole had no sound peace, no good law or law-courts, and no general currency. But with Albert's death in 1486 the power of Brandenburg, based purely on his individuality, ceased to excite any alarm among the princes of the north.

Though the power of the strongest of the German princes was thus limited, yet it was in regions under the influence of such great feudatories that the nearest approach to order prevailed. Habsburg rule in the south-east, Burgundian rule in the north-west, were establishing settled States, though rather at the expense of Germany as a whole than by way of contributing to its general peace. In a similar fashion Bavaria and the north-eastern Marchland between Elbe and Oder attained comparative prosperity under Wittelsbachs, Wettins, and Hohenzollerns. But in the other parts of Germany affairs were far worse. Even in the ancient duchy of Saxony the dissipation of the princely power had become extreme: but the Rhineland, Franconia, and Swabia were in an even more unhappy condition. The scattered Estates of the four Rhenish Electors, and powers such as Cleves and Hesse, were in no case strong enough to preserve general order in the Rhineland. The Elector of Mainz, the bishops of Würzburg and Bamberg, and the abbot of Fulda were, save the Kulmbach Hohenzollerns, the only rulers over even relatively considerable territories in Franconia. Würtemberg and Baden alone broke the monotony of infinite subdivision in Swabia. The characteristic powers in all these regions were rather the counts and the knights, mere local lords or squires with full or partial princely authority over their petty Estates. In such regions as these economic prosperity and ordered civil existence depended almost entirely on the number and importance of the free imperial cities.

The great Italian cities largely owed their political influence to the fact that they ruled without a rival over districts as large as most German principalities. But in Germany the territory of many of the strongest among the free cities, such as Augsburg, was almost confined to the limits of their city walls. There were very few towns which dominated so wide a stretch of the countryside as Nürnberg, but how insignificant was the Nürnberg territory as compared with that of Florence! Even the population and wealth of the German towns have probably been exaggerated. Careful statistical investigation suggests that none of the cities of upper Germany had more than 20,000 inhabitants, and those which may have been of larger size, such as Cologne or Bremen or Lübeck, are of more importance in the commercial than in the political history of Germany. Though the financiers of Augsburg and Frankfort, and the merchants of Nürnberg or Basel or Cologne, were acquiring vast wealth, building palaces for their residence and through their luxurious ways raising the standard of civilisation and comfort for all ranks of Germans, they were not yet in a position so much as to aspire to political direction. Yet it was in the towns only that there could be found any non-noble class with even the faintest interest in politics. The condition of the country population was steadily declining. Feudalism still kept the peasant in its iron grip, and the rise in prices which opened the economic revolution that ushered in modern times was now beginning to destroy his material prosperity. In the upper Khineland the condition of the agricultural population seems to have been very similar to that of the French peasantry before the outbreak of the Revolution. While their Swiss neighbours were free and prosperous, the peasant of Elsass or of the Black Forest was hardly able to make a living through the over-great subdivision of the little holdings. It was in this region that the repeated troubles of the Bundschuh and the revolts of "Poor Conrad" showed that deep-seated distress had led to the propagation of socialistic and revolutionary schemes among men desperate enough and bold enough to seek by armed force a remedy for their wrongs. Outside this region there was very little active revolutionary propaganda, or actual peasant revolt. However, in 1515, formidable disturbances broke out in Styria and the neighbouring districts.

Berthold of Mainz had little of the churchman about him, and his life was in nowise that of the saint; but he stands out among all the princes of his time as the one statesman who strove with great ability and consummate pertinacity to realise the ideal of a free, national and united German State. His courage, his resourcefulness, his pertinacity, and his enthusiasm carried for a time everything before them. But soon grave practical difficulties wrecked his schemes and blasted his hopes. It is even possible to imagine that his policy was vicious in principle. It was a visionary and an impossible task to make petty feudalists champions of order, law, and progress. It involved moreover an antagonism to the monarchy, which after all was the only possible centre of any effective national sentiment in that age. But whatever may be thought of Berthold's practical insight, the whole history of Frederick III and of his successors shows clearly that the German monarchy, far from being as in England or France the true mainspring of a united national life, persistently and by deliberate policy operated as the strongest particularistic influence. After all, Germany was a nation, and Berthold strove by the only way open to him to make Germany what England and France were already becoming. It was not his fault that the method forced upon him was from the beginning an almost hopeless one.

Berthold of Mainz laid his first plan of reform before the Diet of Frankfort of 1485. He proposed a single national system of currency, a universal Landfrlede, and a Supreme Court of Justice specially charged with the carrying out of the Public Peace. After the election of Maximilian in 1486, the demand of a special grant to carry on war against the Turks gave a new opportunity for insisting on the policy which the cold and unsympathetic Emperor had done his best to shelve. But the princes now rejected the proposed tax, on the ground that the cooperation of the cities was necessary towards granting an aid, whereas no cities had been summoned to this Diet. The result was before long the final establishment of the right of the cities to form an integral part of every assembly of the German national council. The Diet of 1489 saw every imperial town summoned to its deliberations. Within a generation the city representatives had become the Third Estate of the Empire side by side with Electors and princes.

Frederick gave way both on the question of the rights of the cities and on the programme of reform. He procured his Turkish grant in return for the promise to establish the Landfriede and an imperial court of justice. But he did nothing to give effect to his general assurances; and the Estates, closely brought together by their common aim, continued to press for the carrying out of Frederick's concessions. Their first real victory was at the Diet of Frankfort in 1489, when Maximilian, intent on getting help to make himself master of the Netherlands, and now also involved in his fantastic quest of the hand of Anne of Britanny, promised the Diet to do his best to aid it in obtaining an effective constitution of the imperial court of justice. A further step in advance was made at the important Diet of Nürnberg of 1491, where Maximilian declared that the Landfriede, already proclaimed for ten years, should be proclaimed for ever, and that for its execution a competent tribunal should be set up at his father's Court.

On March 26,1495, Maximilian laid his first proposition before a Diet at Worms, to which despite the urgency of the crisis the princes came slowly and negligently. He appealed strongly to the Estates to check the progress of the French in Italy. An immediate grant for the relief of Milan, a more continued subsidy that would enable him to set up a standing army for ten or twelve years, could alone save the Empire from dishonour.

To Maximilian Berthold's proposals must have seemed but a demand for his abdication. But he cleverly negotiated instead of openly refusing, and finally made a counter-proposal, which practically reduced the suggested Council to a mere royal Council, whose independent action was limited to the periods of the King's absence, and which otherwise sat at the King's Court and depended upon the King's pleasure. Long and wearisome negotiations followed, but a final agreement issued on August 7 showed that Berthold's plan had essentially been abandoned in favour of Maximilian's alternative propositions. The reformers preferred to give up their Executive Council altogether rather than allow it to be twisted into a shape which would have subordinated it to the royal prerogative! They went back on the old line of suggestions,-Public Peace, Common Penny, imperial Court of Justice, and the rest. Maximilian had already professed his acceptance of these schemes, so that on such lines agreement was not difficult. Even this mutilated plan of reform was sufficiently thorough and drastic. It makes the Diet of 1495 one of the turning-points in the constitutional history of the Empire.

In September the Estates separated. Both King and Diet were mutually satisfied, and it seemed as if brighter days were to dawn for the Empire. But dark clouds soon began to gather on every side. Maximilian was bitterly disappointed with his unfortunate Italian campaign of 1496. The German reformers soon found that it was easier to di'aw up schemes of reform than to carry out even the slightest improvement.

It was not that the Edict of Worms was wholly inoperative. The proclamation of the Landfriede was a real boon, though of course it did not change by magic a lawless into a law-abiding society. The Kammer-gericht provided justice in many cases where justice would have been impossible before. But the collection of the Common Penny proved the real difficulty. Even princes who were well disposed towards Berthold's policy showed no eagerness to levy a tax which other men were to spend. In many districts nothing whatever was done to collect the money. The knights as a body refused all taxation, inasmuch as their service was military and not fiscal. The abbots declined to recognise the jurisdiction of a court so exclusively secular as the Kammergericht. The princes not represented at Worms repudiated altogether laws passed by an assembly in which they had taken no part.

The next few years were marked by a series of strenuous efforts on the part of Berthold to carry through in practice what had already been accepted in name. Max's need for money soon gave him his chance. The Diet was summoned to meet the Emperor at Chiavenna; and, when the princes refused to cross the Alps, its meeting-place was fixed for Lindau on the Lake of Constance. The remote and inconvenient little island city was, to the great disgust of the Estates, selected because of its nearness to Italy. The princes were ordered to bring with them their share of the Common Penny and their quota of troops to support the Emperor in Italy. But the Diet, which was opened in September, 1496, was very scantily attended. The princes who appeared came to Lindau without either^ money or men. In Maximilian's absence Berthold of Mainz stood forth more conspicuously than ever as the leader of the Estates. He passionately exhorted the Germans to follow the example of the Swiss, who through union and trust in one another had made themselves respected and feared by all the world. His special object was to insist upon the execution of the Edict of Worms in the Austrian hereditary dominions, where but slight regard had hitherto been paid to it. He also secured the passing of a resolution that the Common Penny should be paid to the imperial Treasurers by March, 1497, and that its disposition should be determined by a new Diet to be summoned for the spring. By promptly providing for the salaries of its members, Berthold also prevented the dissolution of the Kammergericht, which the Diet now transferred to Worms, because that city was regarded as a more accessible place than Frankfort for the doctors of the Rhenish Universities.

It cost Maximilian little to renounce the rights of the Empire over the Swiss. He looked upon the Confederates as most useful to him in helping his designs on Italy, and now trusted with their assistance to restore his father-in-law to Milan. But in 1500 came the second conquest of Milan by the French, and Ludovico's lifelong captivity in a French dungeon. In the same year the agreement between Louis and Ferdinand of Spain for the partition of Naples still further isolated Maximilian. He was as unsuccessful in his schemes of foreign conquest as was Berthold in his plans of internal reformation. Within a few years he had fought against Florentines and French, against Gelderlaiid and Switzerland, and on each occasion/ had lost the day. And each failure of Maximilian threw him more and more completely on the mercy of the German reformers.

The obligation to summon a yearly Diet was not formally repealed, but, while legislation and supreme control of finance still remained the special functions of the assembled Estates, the executive business with which they were so incompetent to deal devolved upon a Council of Regency (Reichsregiment). This was to consist of twenty-one members. At its head was the King or a deputy appointed by the King. The further representation of the King's interests was provided through an Austrian and a Netherlandish member of the Council. But the other eighteen Councillors were entirely outside the King's control. Each of the six Electors had an individual voice in the Council. One of them was always to be present in person, being replaced by a colleague after three months. Each of the five absent Electors personally nominated a member of the Regency. The representation of the other Estates was divided into two categories. Certain eminent imperial vassals were singled out and granted a personal right of occasional appearance. Thus twelve princes, six spiritual and six lay, were specified as having the privilege of sitting in the Council, by two at a time. Similarly there were one representative of the prelates (abbots and other lesser dignitaries), one of the Counts and two of the Free and Imperial Towns, arranged in groups for the purpose. Besides the six Councillors chosen from this fh'st category, there were six others representing the Estates of six great circumscriptions or Circles into which Germany, excluding the electoral lands, was now for this purpose divided. No names were given to these districts, but roughly they corresponded to the later Circles of Franconia, Bavaria, Swabia, the Upper Rhine, Lower Saxony and Westphalia. The whole constitution was so arranged that the preponderance of power was altogether with the princes, and especially with the Electors. The inferior Estates were as scantily represented as was the King himself.

Maximilian was not likely to acquiesce in being deprived of all that made monarchy a reality. The knights with their passion for lawless freedom, the cities with their narrow outlook and strong local prejudices, might be likewise expected to have no good will towards a system in which the former had no part and the latter but a very small one. But a still greater difficulty lay in the princes, whose sectional ambitions and want of settled national policy wholly unfitted them for carrying out so delicate and difficult a task. Could a group of turbulent nobles, trained in long traditions of private warfare and personal self-seeking, provide Germany with that sound government which lands with better political prospects could only obtain from the strong hand of an individual monarch ? The answer to these questions was not long in coming. In a few years the Council of Regency broke down utterly, bearing with it in its fall the strongest pillars of the new German constitution.

A final struggle between Maximilian and the Estates arose as to the meeting-place of the Council of Regency. But Max had gone too far on the way of concession to be able to succeed in enforcing his wish that the Council should follow the Court. The Estates resolved that it should meet in the first instance at Nürnberg. Full of anger and scorn the King left Augsburg, seeking the consolations of the chase in Tyrol. Berthold betook himself to Nürnberg, in order to take his turn as resident Elector on the Council of Regency. The choice of Frederick, Elector of Saxony, as the imperial deputy, made Berthold's task as easy as was possible. But Frederick was very commonly absent from the Council. He was too great a prince to be able to devote his whole time to the reform of the Empire. Upon Berthold alone fell the burden of the new system. Yet he was broken in health and spirits, and even at best only one prince among many. It was due to him that the Council had so much as a start. No political genius could have given it a long life.

In the struggle that ensued both King and reformers gave up any attempt to observe the new system. Berthold fell back upon the venerable expedient of a Union of Electors (Kurfurstenverein). He has been reproached with lack of policy in thus abandoning the infant constitution, but his action was probably the result of inevitable necessity. As he had to fight the King, he naturally chose the most practical weapon that lay to hand.

After the fashion of the Luxemburg period, an Electoral Diet was now held at Frankfort. The Elector Palatine Philip (1476-1508), nephew and successor of Frederick the Victorious, who had hitherto been at feud with the Elector of Mainz, now made terms with him and attended the meeting. Alarmed at the unity of the Electors, Maximilian ordered them to adjourn to Speyer, where he would meet them in person. But the Electors quitted Frankfort before the King's messenger could arrive. Before separating, however, they renewed the ancient Union of the Electors, and pledged each other to act as one man in upholding the reforms of 1495 and 1500. It was afterwards believed that the Electors talked of deposing Maximilian, or at least of obtaining still more drastic reforms. This however does not seem to have been the case. It was futile to seek further changes, when the innovations already approved of could not be carried out in practice.

Maximilian had grown wiser with experience. He at last saw that to maintain a stiff attitude of resistance and to dwell upon his prerogative only served to unite his vassals against him. About this time he gradually drifted into a more temporising, but also a more dangerous, attitude. He was now content to bide his time and wait on events. In the long run the single will of the King was more likely to prevail than the divided wills of a host of magnates. Maximilian now endeavoured to break up the Electoral Union, and to make a party for himself among the younger princes. He employed all his rare personal talents, all the charm and fascination which belonged to him, in order to attract to himself on personal grounds the devotion of the rising generation. He cleverly sowed dissension between the mass of the immediate nobility and the little knot of reformers, who practically controlled the whole of the opposition. Why should a small ring of elderly princes of the second rank deprive the younger generation of all power at home or prospect of distinction abroad ? He appealed to the particularistic interests, which were endangered, like his own, by the unionist policy of the Electors. He invoked the chivalrous and adventurous spirit which might well find a more glorious career in fighting Turks and French under the brilliant ruler than in wrangling about constitutional reform at home. He exerted all his interest at episcopal and abbatial elections, and not seldom succeeded in carrying his candidate. He sought to win over Alexander VI to his side, and with that object did not hesitate to negotiate directly with the papal Curia over the head of the Legate. A few years of hard work in these directions wrought a surprising difference in Maximilian's position. With increasing prosperity he grew more cheerful and good-tempered. Only against Berthold of Mainz did he show any great bitterness, and he now sought to obtain the Archbishop's resignation on the ground of ill-health in favour of one of his young followers, the Margrave Casimir of Brandenburg-Kulmbach. The very Electors began to despair of their policy of opposition. They resolved that it was but a waste of time and money to hold Diets in the absence of the King. Two years before it had been the highest goal of their ambition to summon the Estates without waiting for the formality of the royal writ.

The soundness of the newer imperial policy of Maximilian was soon to be tested. On the death of George the Rich, Duke of Bavaria-Landshut (1504<), a contest arose as to the succession. By family settlements and by the law of the Empire, the next heirs to the deceased Duke were his kinsmen, Albert and Wolfgang, Dukes of Bavaria-Munich. But differences had arisen between the Munich and Landshut branches of the ducal House of Wittelsbach, and George, in the declining years of his life, had formed a scheme for the succession of his nephew and son-in-law, the Count Palatine Rupert, second son of the Elector Palatine Philip, by his wife, George's sister, and the husband of Elizabeth, the Duke of Landshut's only child. On his death he left his wealth and dominions to Rupert and Elizabeth, who at once entered into possession of their inheritance.

The history of the Diet of Cologne of 1505 brings out clearly the different position now attained by King and Estates respectively. To this Diet Maximilian came triumphant from his hard-earned victory in Gelderland, attended by a great crowd of enthusiastic nobles and soldiers. He had no longer to face his ancient enemies. Berthold of Mainz had died in the midst of the Landshut troubles, worn out with disease and anxiety, and already conscious of the complete failure of his plans. His former ally, John of Baden, Elector of Trier, had died before him in 1503. Their successors, Jacob of Liebenstein at Mainz and Jacob of Baden, at Trier, were mere creatures of the King, and the latter Maximilian's near kinsman. Hermann of Hesse, the Elector of Cologne, had never been of much personal importance, and was now quite content to float in the royalist tide. The Count Palatine Philip, the chief of the secular opposition since his reconciliation with Berthold, had suffered so severely during the Landshut Succession War that he dared no longer raise his voice against the King. The young Elector Joachim of Brandenburg, who had succeeded to his dignity in 1499, was eager to put his sword at the service of Maximilian. Of the old heroes of the constitutional struggle only Frederick the Wise of Saxony remained, and without Berthold's stimulus Frederick was too passive, too discreet, and too wanting in strenuousness to take the lead. Yet his pleading for the disgraced Elector Palatine, unsuccessful as it was, was the only sign of opposition raised from among the Electors in this Diet. Even more devoted to the Crown were the princes who had won their spurs in the Bavarian War, and the prelates who owed their election to Court influence. Well might the Venetian ambassador report to his Republic, that his imperial Majesty had become a true Emperor over his Empire.

The chief interest of German history shifts for the next few years more and more to questions of foreign policy. Maximilian's War with Venice, his share in the League of Cambray and the renewal of hostilities with France, which followed the dissolution of that combination and the establishment of the Holy League, absorbed his energies and exhausted his resources. Very little success attended his restless and shifting policy. He did not even obtain the imperial Crown for which he sought. Unable to wait patiently until the road to Rome was open to him, Max took on February 4, 1508, a step of some constitutional importance. He issued a proclamation from Trent, where he then was, declaring that henceforward he would use the title of Roman Emperor Elect, until such time as he received the Crown in Rome. Julius II, anxious to win his support, formally authorised the adoption of this designation. For the next few years the Venetian War blocked his access to Rome, and later he made no effort to go there. He was now universally addressed as Emperor; and the time had passed when the form of papal coronation could be expected to work miracles. Maximilian's assumption of the imperial title without coronation served as a precedent to all his successors. Henceforward the Elect of the seven Electors was at once styled Roman Emperor in common phrase, Roman Emperor Elect in formal documents. During the three centuries through which the Empire was still to endure, Maximilian's grandson and successor was the only Emperor who took the trouble to receive his Crown from the Pope. As time went on, the very meaning of the phrase " Emperor Elect" became obscure, and was occasionally thought to point to the elective nature of the dignity rather than to the incomplete status of its uncrowned holder.

This proposal, although it has been described as the most enlightened plan of fundamental imperial reform that the age produced, nevertheless found little favour with the Diet of Augsburg, which shelved it after the traditional fashion by referring its further consideration to another Diet. Fears for their territorial sovereignty may have partly induced the princes to bring about this result. But it seems probable that distrust of Maximilian was the real motive which led to the rejection of the scheme. Bitter experience had taught the Estates that the Emperor could be tied down to no promises, and could be entrusted with the execution of no settled policy. The best proof of this is that, as soon as Maximilian died, the Diet went back to the ideas of Berthold of Mainz and restored the Reichsregiment.

The obligations involved by Maximilian's participation in the Holy League speedily forced upon him once more the necessity of consulting his Estates. In April, 1512, the Emperor travelled to Trier to meet the Diet. Much time was now wasted and finally Max, in despair as to any transaction of business, went to the Netherlands, taking with him many of the assembled princes. A remnant of the Diet lingered on at Trier until Maximilian, returning from the Netherlands, prorogued it to Cologne. Here the Emperor once more brought forward the plan of 1510. As it met with little approval, he proposed as an alternative that a Common Penny should once more be levied after the fashion adopted at Augsburg in 1500, and that, by way of improvement on the Augsburg precedent, a levy of one man in a hundred should provide him with an adequate army. It was ridiculous to expect that the Estates would grant an army four times as large as the levy of 1500, when no great concession like that of the Reichsregiment was offered in return. The Emperor gradually reduced his terms, but after much haggling obtained no permanent assistance and only inadequate temporary help.

Countess Palatine found him the most charming of guests. The personal devotion of the younger generation of princes to the Emperor did more than anything else to break up the party of constitutional reform. The rough Landsknechte called him their father; the artists and scholars looked to him for liberal support and discriminating sympathy; the Tyrolese peasantry adored him, and he was ever the favourite of women, whether of high-born princesses, or of the patrician ladies of Augsburg or Nurnberg. He relieved the tedium of his attendance at long Diets by sharing fully in the life of the citizens of the town at which the assembly was held. He attended their dances, their mummings, their archery-meetings, himself often winning the prize through his skill with the cross-bow and arquebus. Yet he was as readily interested in serious subjects as in his pleasures. His quickness was extraordinary, and the range of his interests extremely wide. He could discuss theology with Geiler and Trithemius, art with Dürer or Burgkmaier, letters with Celtes or Peutinger. On all matters of horsemanship, hunting, falconry, fortification, and artillery, he was himself an authority. Yet all these gifts were rendered ineffective by his want of tenacity and perseverance, by his superficiality, and by his strange inability to act with and through other men.

German national State, gave new life, endowing Germany with a common language and inspiring her with fresh motives for independence. It was in no small measure due to these influences-the influences of Maximilian's time and in a measure of Maximilian himself-that in the long and dreary centuries when there was no German State there remained a German nation, able to hand on the great traditions of the past to a happier age which could realise, though in a fresh shape, the ancient ideal of Berthold of Mainz, that side by side with the German nation there should also be a German National State.