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Peace of Constance
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Peace of Constance
The Peace of Constance (25 June 1183) was a privilege granted by Frederick I, Holy Roman Emperor, and his son and co-ruler, Henry VI, King of the Romans, to the members of the Lombard League to end the state of rebellion (war) that had been ongoing since 1167. It was a permanent peace that superseded the six-year truce imposed by the Treaty of Venice (22 July 1177).
With the expiration of the truce approaching, negotiations between the emperor and the league were begun in early 1183. There were proposals and counter-proposals, a separate settlement of the disputed status of Alessandria and a preliminary agreement signed at Piacenza. The treaty of Piacenza formed the basis for the final peace, which was issued as an imperial privilege because formally the emperor could not sign a treaty with his subjects.
The agreement confirmed the 1177 Treaty of Venice. The cities in the Kingdom of Italy retained several regalia of local jurisdiction over their territories and had the freedom to elect their own councils and to enact their own legislation, as well as to keep their Lombard League alliance. On the other hand, they were required to swear an oath of fealty to the Holy Roman Emperor and their consuls had to be invested directly by him. Imperial judges had the prerogative to judge appeals and some districts in Italy were placed under direct Imperial administration. The cities also retained civil and criminal jurisdiction while the appellate jurisdiction was in the imperial hands. The consuls were only allowed to render final verdicts in crimes that involve sums of less than twenty-five pounds of gold. Furthermore, the Italian municipalities agreed to pay the Empire an annual sum of 2,000 lire as taxes.
A commentary about the agreement by Baldo degli Ubaldi published in his Commentaria in usus feudorum identified the capability attributed to the emperor to break aspects of it because his oath was considered temporary. However, there was no attempt to infringe the conditions of the compact on the part of the crown during the 67-year reign of the house of Hohenstaufen.
The cities stopped fulfilling their obligations during the long struggle for the Imperial crown that followed the death of Frederick's son Emperor Henry VI in 1197, and the Peace of Constance was at the centre of the new conflict fought between the so-called second Lombard League and Emperor Frederick II between 1226 and 1250. It was celebrated for the rest of the Middle Ages and beyond as the only Imperial recognition of the autonomy of a large group of Italian cities.[citation needed]
In the name of the holy and undivided Trinity Frederick, by divine grace Emperor of the Romans, Augustus, and Henry VI his son, King of the Romans, Augustus, is accustomed to show grace and favor and make dispensations to subjects, with imperial clemency and mild serenity . . . however much he must and can correct the excesses of transgressions with severity, yet more he studies to rule the Roman empire in gracious peace and tranquility and . . . bring the insolence of rebels back to due loyalty and devotion. . . . Therefore let all the faithful of the empire, both in the present time and in future, know that we, with our customary generosity . . .receive the League of the Lombards and their supporters, who once offended us and our empire, into the fullness of our grace . . . and we mercifully grant them our peace, ordering that the present page be undersigned and secured with our seal. Of which this is the tenor:
1. We, Frederick, Emperor of the Romans, and our son Henry, king of the Romans, grant in perpetuity to you, the cities, places, and persons of the League, the regalia and other customs both inside and outside the cities—that is Verona and its castrum and suburbs and the other cities, places and persons of the League—, so that in these cities you will hold everything as you have been accustomed until now and shall exercise without contradiction those customs which you have exercised of old . . . that is, concerning the fodrum, woods, pastures, bridges, water, and mills, and, as you have had of old and have, over armies, defense of the cities [and] jurisdiction over both criminal cases and those concerning money both inside and out, and in those other things which concern the benefit of the cities.
2. We wish that the regalia that are not granted to you shall be recognized in the following manner: the bishop of the place and men of both the city and the diocese shall choose men of good repute, believed to be suitable for this, and such as hold no special, private hatred against either the city or our majesty. They shall swear to inquire without fraud and, having inquired, to consign to our excellence those [regalia] which belong to us.
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Peace of Constance
The Peace of Constance (25 June 1183) was a privilege granted by Frederick I, Holy Roman Emperor, and his son and co-ruler, Henry VI, King of the Romans, to the members of the Lombard League to end the state of rebellion (war) that had been ongoing since 1167. It was a permanent peace that superseded the six-year truce imposed by the Treaty of Venice (22 July 1177).
With the expiration of the truce approaching, negotiations between the emperor and the league were begun in early 1183. There were proposals and counter-proposals, a separate settlement of the disputed status of Alessandria and a preliminary agreement signed at Piacenza. The treaty of Piacenza formed the basis for the final peace, which was issued as an imperial privilege because formally the emperor could not sign a treaty with his subjects.
The agreement confirmed the 1177 Treaty of Venice. The cities in the Kingdom of Italy retained several regalia of local jurisdiction over their territories and had the freedom to elect their own councils and to enact their own legislation, as well as to keep their Lombard League alliance. On the other hand, they were required to swear an oath of fealty to the Holy Roman Emperor and their consuls had to be invested directly by him. Imperial judges had the prerogative to judge appeals and some districts in Italy were placed under direct Imperial administration. The cities also retained civil and criminal jurisdiction while the appellate jurisdiction was in the imperial hands. The consuls were only allowed to render final verdicts in crimes that involve sums of less than twenty-five pounds of gold. Furthermore, the Italian municipalities agreed to pay the Empire an annual sum of 2,000 lire as taxes.
A commentary about the agreement by Baldo degli Ubaldi published in his Commentaria in usus feudorum identified the capability attributed to the emperor to break aspects of it because his oath was considered temporary. However, there was no attempt to infringe the conditions of the compact on the part of the crown during the 67-year reign of the house of Hohenstaufen.
The cities stopped fulfilling their obligations during the long struggle for the Imperial crown that followed the death of Frederick's son Emperor Henry VI in 1197, and the Peace of Constance was at the centre of the new conflict fought between the so-called second Lombard League and Emperor Frederick II between 1226 and 1250. It was celebrated for the rest of the Middle Ages and beyond as the only Imperial recognition of the autonomy of a large group of Italian cities.[citation needed]
In the name of the holy and undivided Trinity Frederick, by divine grace Emperor of the Romans, Augustus, and Henry VI his son, King of the Romans, Augustus, is accustomed to show grace and favor and make dispensations to subjects, with imperial clemency and mild serenity . . . however much he must and can correct the excesses of transgressions with severity, yet more he studies to rule the Roman empire in gracious peace and tranquility and . . . bring the insolence of rebels back to due loyalty and devotion. . . . Therefore let all the faithful of the empire, both in the present time and in future, know that we, with our customary generosity . . .receive the League of the Lombards and their supporters, who once offended us and our empire, into the fullness of our grace . . . and we mercifully grant them our peace, ordering that the present page be undersigned and secured with our seal. Of which this is the tenor:
1. We, Frederick, Emperor of the Romans, and our son Henry, king of the Romans, grant in perpetuity to you, the cities, places, and persons of the League, the regalia and other customs both inside and outside the cities—that is Verona and its castrum and suburbs and the other cities, places and persons of the League—, so that in these cities you will hold everything as you have been accustomed until now and shall exercise without contradiction those customs which you have exercised of old . . . that is, concerning the fodrum, woods, pastures, bridges, water, and mills, and, as you have had of old and have, over armies, defense of the cities [and] jurisdiction over both criminal cases and those concerning money both inside and out, and in those other things which concern the benefit of the cities.
2. We wish that the regalia that are not granted to you shall be recognized in the following manner: the bishop of the place and men of both the city and the diocese shall choose men of good repute, believed to be suitable for this, and such as hold no special, private hatred against either the city or our majesty. They shall swear to inquire without fraud and, having inquired, to consign to our excellence those [regalia] which belong to us.
