The husband of Valentine was for many years the tool with which the astute Visconti hoped to assure his own supremacy in Italy. In 1393 and in 1394 Visconti had no dearer scheme than that Clement, the Antipope at Avignon, should make the Duke of Orleans king of Adria. With Clement at Rome, Anjou at Naples, Orleans ruling the centre from Spoleto to Ferrara, Visconti beheld the annihilation of Venice and the Tuscan republics—a united Italy north of Rome. Doubtless he intended the kingdom of Adria and the kingdom of Lombardy to lose themselves in one monarchy: but whether that result was to be attained by the subsequent spoliation of Orleans or by his adoption as heir to Milan, was a question which probably depended on the living or dying of the sons of Giangaleazzo. Orleans, however, though so young, proved himself no facile instrument. He had no intention that Adria and Lombardy should unite to his own disadvantage; and silently he contemplated another scheme—to secure the docility of Lombardy by bounding it on the south by Adria and on the north by another French principality, to be formed by a fusion of Asti and Genoa. Orleans, therefore, determined to begin by the conquest of Genoa; and for three years he displayed so much ability that Giangaleazzo began to suspect this count of Asti and seigneur of Savona, whom the Genoese implored to become the governor of the Ligurian republic. Then came the scandal of the acquisition of Genoa by Charles VI., to the detriment of his brother. From 1395 to 1397 there is a moment of division between the interests of Orleans and Visconti; but, as we shall see, the last act of Visconti was to enforce the claims of Orleans to Milan, and the Duke of Orleans in his will[[51]] expressly bequeaths to his eldest son “la comté d’Ast et autres terres que j’ay et puis avoir au pays de Lombardy et d’outre les monts.” As far as Orleans and Visconti could decide, there is no doubt of the claim of Orleans to Milan. But it is more difficult to decide by what right Giangaleazzo Visconti disposed of the emperor’s fiefs of Milan; for although, when Visconti signed his daughter’s marriage-contract, he was simply the illegal despot of Milan, eight years later the emperor made him duke and received tribute at his hands. The lands which Visconti had gained by succession, by fraud, and by conquest, which he had ruled by force and national custom, were now indubitably his by feudal right. But in order to acquire the security of this legality, the Duke of Milan, in theory at all events, had sacrificed a certain portion of his independence.
The first investiture was granted him on Sept. 5, 1395. From this date he held his duchy of Milan as an imperial fief. But as what manner of fief? And which class of fiefs admits a woman to be her father’s heir?
These questions, seemingly simple, are in reality difficult to answer, because feudal law was quite indefinitely modified by provincial custom. It was chiefly custom which decided if an hereditary fief could be inherited by a woman in default of males. Thus in France the provinces of Burgundy and Normandy were strictly masculine fiefs; but Lorraine, Guienne, and Artois descended to daughters in default of sons; and the duchy of Brittany, the kingdoms of Cyprus, Navarre, and Naples (a Papal fief), will occur to every mind; while in Germany itself, in the stronghold of feudalism, the duchy of Mecklenburg descended to daughters on extinction of the masculine branch; many fiefs in Swabia, Zutphen, Pomerania, and Saxony, followed this example.
In the North of Italy the distinction between legitimacy and illegitimacy had become so trivial a thing, that sons, born in or out of wedlock, were generally forthcoming in sufficient numbers to distance any feminine claim; and the Imperial investiture—save in the case when it carried with it the Imperial Vicariat—was rather a rose in the buttonhole of the tyrant than a necessary legalization of a tyranny stronger than the law. Yet the marquisate of Montferrat was brought into the house of the Palæologi through a feminine succession; and in 1387 Valentine Visconti brought the country of Asti (no less than Milan an Imperial fief) unquestioned to her husband, and with only the Pope’s investiture. A century later Caterina Sforza ruled in Pesaro. The custom in Italy, then, though dubious, various, and full of irregularities and confusions was, on the whole, the same as the custom in Mecklenburg, Pomerania, Swabia, Hungary, Brittany, Navarre, and other places: on extinction of the male descent a woman might succeed. If her succession were provided for by the terms of the investiture; or, in other cases, unless she were deliberately excluded.[[52]]
In the investiture of 1395 which made Giangaleazzo duke of Milan there is no mention of Valentine, but neither is there any direct mention of the sons of Giangaleazzo. The duchy of Milan is bestowed on him, sui heredes et successores. Now this term in Italy, where the Pandects were still the model of civil law, might be held to include all the children of the possessor; and, on failure of the male line, the daughter would be entitled to put in her claim. I am not aware how much was implied in Germany at this date by the employment of this term; but probably there also it was at least ambiguous, since, under the Hohenstaufen emperors, Roman law had made a great advance through Germany, and since, later on, it was found necessary to formulate a special clause that the use of the expression sui heredes should not be considered sufficient to authorize females to claim succession to a masculine fief.
Any ambiguity was dispelled the following year. There was then a possibility of war between France and Milan, grievously estranged at that date by the presence of the French in Genoa, and by the rumours of witchcraft which defamed the reputation and endangered the safety of Madame Valentine in France. At this juncture Giangaleazzo, probably alarmed at the terms of his daughter’s marriage-contract, procured a second imperial investiture,[[54]] distinctly limiting the succession to male heirs. But this was not the end. In 1396 news came to Paris of the battle of Nicopolis, which necessitated an immediate rapprochement with Milan; for Giangaleazzo Visconti, feared and hated because of his friendship with the Turk, was at this juncture the one necessary man, capable of mediating between the French and the East. Great court was paid to him, and he accepted the French advances. Peace and amity being restored between the two countries, on March 30, 1397, he obtained a third and last investiture from Wenzel,[[53]] which restored the conditions of inheritance to their original footing, and bestowed the duchy of Milan on Giangaleazzo Visconti, descendentes et successores sui.
This ambiguity of phrase may possibly have been designed. The fact that the fief was a pm corr 189.17 Fahnlehn Fahnlehen>, directly dependent on the emperor, and that (so far as I can discover) no special Imperial privilege had been granted to Madame Valentine, would in Germany itself appear as strong evidence in favour of a solely masculine succession as even the second investiture could afford. But in Italy, by the custom of the country and the authority of contract and testament, the children of Valentine would be included among the heirs and descendants of her father; and, in case the whole race of his sons expired, the vague terms of the investiture would allow the line of Orleans to put in a claim which would prevent so important a part of Italy from relapsing to the foreign emperor. Such at least, as it appears to me, must have been the design of the duke in obtaining this last investiture, a two-edged weapon in the hands of him who has been described as the wisest and the most astute among all the princes of the west.
His position, therefore, seems to have been as follows. To secure himself against any inconvenient pretensions of the French, he had the restrictions of the feudal law; and yet he was equally protected against the encroachments of the empire. He had the sanction of local custom, the ambiguity of the terms of investiture; and, in addition to this, a papal privilege, conceding to Valentine the right to succeed her brothers or her nephews in the state of Milan.
The right of a Pope to dispose of an Imperial fief appears upon the face of it a very questionable matter, even when the Empire be really vacant. When Valentine Visconti was contracted to her husband, Clement VII. had merely declared an interregnum in the empire, on account of the adherence of Wenzel, King of the Romans, to the faction of Urban the Pope at Rome. Such was the supremacy of the Church over Imperial affairs at this period, that, notwithstanding the absurdity of this plea and the fact that Clement was an Antipope, none was ever found to question the legality of the French claim to Asti, which was not granted to Orleans by any Imperial privilege until the investiture of 1413. An intriguing adventurer anxious to consolidate a new and unpopular dynasty by every legal claim, Giangaleazzo cultivated Emperor, Pope, and Antipope. Urban and Clement and Wenzel were all in turn solicited to confirm the tenure of Visconti. Corio appears to believe that the succession of Valentine to Milan was granted by Urban, who was certainly in Lombardy in the year 1387. But Urban had denied to Giangaleazzo the coveted title of king of Italy; and there are as yet no documents discovered which prove the alluring hypothesis that the astute Visconti held in his possession a decree of the Pope no less than a decree of the Antipope granting the succession to Milan to his daughter.
Enough, however, remains to show by what a cunning opposition of France to Germany, and Germany to France, the Duke of Milan strove to secure Italian independence. If the Germans, then but the shadow of a power, chose to assert their over-lordship, the claim of the French was strong enough to insure them two enemies instead of one; and vice versa:—as, indeed, a later century too adequately proved. Hoping to hold each neighbour in check and fear of the other, Giangaleazzo meant to insure a period of quiet growth for his own principality of Lombardy.