The Age of the Reformation

by Preserved Smith

Although the Germans had arrived, by the end of the fifteenth century, at a high degree of national self-consciousness, they had not, like the French and English, succeeded in forming a corresponding political unity. The Holy Roman Empire of the German Nation, though continuing to assert the vast claims of the Roman world-state, was in fact but a loose confederacy of many and very diverse territories. On a map drawn to the scale 1:6,000,000 nearly a hundred separate political entities can be counted within the limits of the Empire and there were many others too small to appear. The rulers of seven of these territories elected the emperor; they were the three spiritual princes, the Archbishops of Mayence, Trèves and Cologne, the three German temporal princes, the Electors of the Rhenish Palatinate, Saxony, and Brandenburg, and in addition the King of Bohemia, who, save for purposes of the imperial choice, did not count as a member of the Germanic body. Besides these there were some powerful dukedoms, like Austria and Bavaria, and numerous smaller bishoprics and counties. There were also many free cities, like Augsburg and Nuremberg, small aristocratic republics. Finally there was a large body of "free knights" or barons, whose tiny fiefs amounted often to no more than a castle and a few acres, but who owned no feudal superior save {75} the emperor. The unity of the Empire was expressed not only in the person of the emperor, but in the Diet which met at different places at frequent intervals. Its authority, though on the whole increasing, was small.

With no imperial system of taxation, no professional army and no centralized administration, the real power of the emperor dwindled. Such as it was he derived it from the fact that he was always elected from one of the great houses. Since 1438 the Hapsburgs, Archdukes of Austria, had held the imperial office. Since 1495 there was also an imperial supreme court of arbitration. [Sidenote: 1495] The first imperial tax was levied in 1422 to equip a force against the Hussites. In the fifteenth century also the rudiments of a central administration were laid in the division of the realm into ten "circles," and the levy of a small number of soldiers. And yet, at the time of the Reformation, the Empire was little better than a state in dissolution through the centrifugal forces of feudalism.

So little was the Empire an individual unit that the policy of her rulers themselves was not imperial. The statesmanship of Maximilian was something smaller than national; it was that of his Archduchy of Austria. The policy of his successor, on the other hand, was determined by something larger than Germany, the consideration of the Spanish and Burgundian states that he also ruled. Maximilian tried in every way to aggrandize his personal power, not that of the German Nation. [Sidenote: Maximilian I, 1493-1519] The Diet of Worms of 1495 tried to remodel the constitution. It proclaimed a perpetual public peace, provided that those who broke it should be outlawed, and placed the duty of executing the ban upon all territories within ninety miles of the offender. It also passed a bill for taxation, called the "common penny," which combined features of a poll tax, an {76} income tax and a property tax. The difficulty of collecting it was great; Maximilian himself as a territorial prince tried to evade it instead of setting his subjects the good example of paying it. He probably derived no more than the trifling sum of 50,000-100,000 gulden from it annually. The Diet also revived the Supreme Court and gave it a permanent home at Frankfort-on-the-Main. Feeble efforts to follow up this beginning of reform were made in subsequent Diets, but they failed owing to the insuperable jealousies of the princes and because the party of national unity lost the sympathy of the common people, to whom alone they could look for support.

Maximilian's external policy, though adventurous and unstable, was somewhat more successful. His only principle was to grasp whatever opportunity seemed to offer. Thus at one time he seriously proposed to have himself elected pope. His marriage with Mary, the daughter of Charles the Bold, added to the estates of his house Burgundy—the land comprising what is now Belgium, Luxemburg, most of Holland and large portions of north-eastern France. On the death of Mary, in 1482, Maximilian had much trouble in getting himself acknowledged as regent of her lands for their son Philip the Handsome. A part of the domain he also lost in a war with France. This was more than made up, however, by the brilliant match he made for Philip in securing for him the hand of Mad Joanna, the daughter and heiress of Ferdinand and Isabella of Spain. This marriage produced two sons, Charles and Ferdinand. The deaths of Isabella (1504), of Philip (1506) and of Ferdinand of Aragon (1516) left Charles at the age of sixteen the ruler of Burgundy and of Spain with its immense dependencies in Italy and in America. [Sidenote: Charles V, 1500-1558] From this time forth the policy of Maximilian concentrated in the effort to {77} secure the succession of his eldest grandson to the imperial throne.

When Maximilian died on January 12, 1519, there were several candidates for election. So little was the office considered national that the kings of France and England entered the lists, and the former, Francis I, actually at one time secured the promise of votes from the majority of electors. Pope Leo made explicit engagements to both Charles and Francis to support their claims, and at the same time instructed his legate to labor for the choice of a German prince, either Frederic of Saxony, if he would in return give up Luther, or else Joachim of Brandenburg. But at no time was the election seriously in doubt. The electors followed the only possible course in choosing Charles on June 28. They profited, however, by the rivalry of the rich king of France to extort enormous bribes and concessions from Charles. The banking house of Fugger supplied the necessary funds, and in addition the agents of the emperor-elect were obliged to sign a "capitulation" making all sorts of concessions to the princes. One of these, exacted by Frederic of Saxony in the interest of Luther, was that no subject should be outlawed without being heard.

The settlement of the imperial election enabled the pope once more to turn his attention to the suppression of the rapidly growing heresy. After the Leipzig debate the universities of Cologne and Louvain had condemned Luther's positions. Eck went to Rome in March, 1520, and impressed the curia, which was already planning a bull condemning the heretic, with the danger of delay. After long discussions the bull Exsurge Domine was ratified by the College of Cardinals and promulgated by Leo on June 15. [Sidenote: Bull against Luther, 1520] In this, forty-one of Luther's sayings, relating to the sacraments of penance and the eucharist, to indulgences and {78} the power of the pope, to free will and purgatory, and to a few other matters, were anathematized as heretical or scandalous or false or offensive to pious ears. His books were condemned and ordered to be burnt, and unless he should recant within sixty days of the posting of the bull in Germany he was to be considered a heretic and dealt with accordingly. Eck was entrusted with the duty of publishing this fulmination in Germany, and performed the task in the last days of September.

The time given Luther in which to recant therefore expired two months later. Instead of doing so he published several answers to "the execrable bull of Anti-christ," and on December 10 publicly and solemnly burnt it, together with the whole Canon Law. This he had come to detest, partly as containing the "forged decretals," partly as the sanction for a vast mechanism of ecclesiastical use and abuse, repugnant to his more personal theology. The dramatic act, which sent a thrill throughout Europe, symbolized the passing of some medieval accretions on primitive Christianity. There was nothing left for the pope but to excommunicate the heretic, as was done in the bull Decet Pontificem Romanum drawn up at Rome in January, [Sidenote: 1521] and published at Worms on May 6.

In the meantime Charles had come to Germany. For more than a year after his election he remained in Spain, where his position was very insecure on account of the revolt against his Burgundian officers. Arriving in the Netherlands in the summer of 1520 Charles was met by the special nuncios of the pope, Caracciolo and Aleander. After he was crowned emperor at Aix-la-Chapelle, he opened his first Diet, at Worms. [Sidenote: October 23, 1520 January 27, 1521 The Diet of Worms]

Before this august assembly came three questions of highest import. The first related to the dynastic {79} policy of the Hapsburgs. For the chronic war with France an army of 24,000 men and a tax of 128,000 gulden was voted. The disposition of Württemberg caused some trouble. Duke Ulrich had been deposed for rebellion in 1518, and his land taken from him by the Swabian League and sold to the emperor in 1520. Together with the Austrian lands, which Charles secretly handed over to his young brother Ferdinand, this territory made the nucleus of Hapsburg power in Germany.

The Diet then took up the question of constitutional reform. In order to have a permanent administrative body, necessary during the long absences of the emperor, an Imperial Council of Regency was established and given a seat at Nuremberg. [Sidenote: Council of Regency] The emperor nominated the president and four of the twenty-two other members; each of the six German electors nominated one member; six were chosen by the circles into which the Empire was divided and six were elected by the other estates. The powers of the council were limited to the times when the emperor was away.