Declaration of Rhense
Encyclopedia
The Declaration of Rhense (or the Treaty of Rhense) was a decree of the Prince-electors of the Holy Roman Empire
Holy Roman Empire
The Holy Roman Empire was a realm that existed from 962 to 1806 in Central Europe.It was ruled by the Holy Roman Emperor. Its character changed during the Middle Ages and the Early Modern period, when the power of the emperor gradually weakened in favour of the princes...

 issued in 1338 and initiated by the Baldwin of Luxembourg, the Archbishop of Trier
Archbishopric of Trier
The Archbishopric of Trier was a Roman Catholic diocese in Germany, that existed from Carolingian times until the end of the Holy Roman Empire. Its suffragans were the dioceses of Metz, Toul and Verdun. Since the 9th century the Archbishops of Trier were simultaneously princes and since the 11th...

 and brother of the later Emperor Henry VII.

Background

In 1314 Louis of Wittelsbach
Louis IV, Holy Roman Emperor
Louis IV , called the Bavarian, of the house of Wittelsbach, was the King of Germany from 1314, the King of Italy from 1327 and the Holy Roman Emperor from 1328....

 had been elected Rex Romanorum
King of the Romans
King of the Romans was the title used by the ruler of the Holy Roman Empire following his election to the office by the princes of the Kingdom of Germany...

against Frederick of Habsburg at Frankfurt, however with the decisive fourth vote cast by the Elector John II of Saxe-Lauenburg. The election was denied not only by the rivaling duchy of Saxe-Wittenberg
Saxe-Wittenberg
The Duchy of Saxe-Wittenberg was a medieval duchy of the Holy Roman Empire centered at Wittenberg, which emerged after the dissolution of the stem duchy of Saxony. As the precursor of the Saxon Electorate, the Ascanian Wittenberg dukes prevailed in obtaining the Saxon electoral dignity.-Ascanian...

 but also by the Archbishop of Cologne, who traditionally held the privilege to crown the elected king at Aachen
Aachen
Aachen has historically been a spa town in North Rhine-Westphalia, Germany. Aachen was a favoured residence of Charlemagne, and the place of coronation of the Kings of Germany. Geographically, Aachen is the westernmost town of Germany, located along its borders with Belgium and the Netherlands, ...

. Moreover Henry of Carinthia had acted as the Bohemian
Kingdom of Bohemia
The Kingdom of Bohemia was a country located in the region of Bohemia in Central Europe, most of whose territory is currently located in the modern-day Czech Republic. The King was Elector of Holy Roman Empire until its dissolution in 1806, whereupon it became part of the Austrian Empire, and...

 elector, voting for Louis, although he had already been deposed as king by John of Luxembourg in 1310. Louis was crowned by Peter von Aspelt
Peter of Aspelt
Peter Aspelt was Archbishop of Mainz from 1306 to 1320, and an influential political figure of the period. He brought the archbishopric to its peak of power....

, the Archbishop of Mainz
Archbishopric of Mainz
The Archbishopric of Mainz or Electorate of Mainz was an influential ecclesiastic and secular prince-bishopric in the Holy Roman Empire between 780–82 and 1802. In the Roman Catholic Church hierarchy, the Archbishop of Mainz was the primas Germaniae, the substitute of the Pope north of the Alps...

, while Frederick of Habsburg received consecration by the Cologne archbishop, though not at Aachen but in Bonn
Bonn
Bonn is the 19th largest city in Germany. Located in the Cologne/Bonn Region, about 25 kilometres south of Cologne on the river Rhine in the State of North Rhine-Westphalia, it was the capital of West Germany from 1949 to 1990 and the official seat of government of united Germany from 1990 to 1999....

. The legal uncertainty of the double election resulted in a long-standing conflict, finally settled by the 1322 Battle of Mühldorf
Battle of Mühldorf
The Battle of Mühldorf was fought near Mühldorf am Inn on September 28, 1322 between the Duchy of Bavaria and Austria...

 in favour of Louis.

The controversy broadened as Pope John XXII
Pope John XXII
Pope John XXII , born Jacques Duèze , was pope from 1316 to 1334. He was the second Pope of the Avignon Papacy , elected by a conclave in Lyon assembled by Philip V of France...

 in Avignon
Avignon Papacy
The Avignon Papacy was the period from 1309 to 1376 during which seven Popes resided in Avignon, in modern-day France. This arose from the conflict between the Papacy and the French crown....

, willing to restore the papal claim to power, nevertheless dependent on the French
France in the Middle Ages
France in the Middle Ages covers an area roughly corresponding to modern day France, from the death of Louis the Pious in 840 to the middle of the 15th century...

 royal House of Capet
House of Capet
The House of Capet, or The Direct Capetian Dynasty, , also called The House of France , or simply the Capets, which ruled the Kingdom of France from 987 to 1328, was the most senior line of the Capetian dynasty – itself a derivative dynasty from the Robertians. As rulers of France, the dynasty...

, refused to acknowledge Louis' election. Instead he took the occasion to install Robert of Naples
Robert of Naples
Robert of Anjou , known as Robert the Wise was King of Naples, titular King of Jerusalem and Count of Provence and Forcalquier from 1309 to 1343, the central figure of Italian politics of his time. He was the third but eldest surviving son of King Charles II of Naples the Lame and Maria of Hungary...

 from the Capetian House of Anjou
Capetian House of Anjou
The Capetian House of Anjou, also known as the House of Anjou-Sicily and House of Anjou-Naples, was a royal house and cadet branch of the direct House of Capet. Founded by Charles I of Sicily, a son of Louis VIII of France, the Capetian king first ruled the Kingdom of Sicily during the 13th century...

 as "Senator of Rome" and regent of the Imperial Kingdom of Italy
Italy in the Middle Ages
This is the history of Italy during the Middle Ages.- Transition from Late Antiquity :Italy was invaded by the Visigoths in the 5th century, and Rome was sacked by Alaric in 410. The last Western Roman Emperor, Romulus Augustus, was deposed in 476 by an Eastern Germanic general, Odoacer...

 in 1317. The king however was the choice of the Ghibellin
Guelphs and Ghibellines
The Guelphs and Ghibellines were factions supporting the Pope and the Holy Roman Emperor, respectively, in central and northern Italy. During the 12th and 13th centuries, the split between these two parties was a particularly important aspect of the internal policy of the Italian city-states...

 party which included not only the House of Wittelsbach but also the Bohemian Luxembourg
House of Luxembourg
The House of Luxembourg was a late medieval German dynasty, which between 1308 and 1437 ruled the Holy Roman Empire, twice interrupted by the rivaling House of Wittelsbach.-History:...

s and the Visconti
House of Visconti
Visconti is the family name of two important Italian noble dynasties of the Middle Ages. There are two distinct Visconti families: The first one in the Republic of Pisa in the mid twelfth century who achieved prominence first in Pisa, then in Sardinia where they became rulers of Gallura...

. The pope accused Louis of having usurped the royal title without papal approbation as he was crowned by the "wrong" archbishop. The conflict escalated with the declaration of anathema
Anathema
Anathema originally meant something lifted up as an offering to the gods; it later evolved to mean:...

 and interdict
Interdict (Roman Catholic Church)
In Roman Catholic canon law, an interdict is an ecclesiastical censure that excludes from certain rites of the Church individuals or groups, who nonetheless do not cease to be members of the Church.-Distinctions in canon law:...

 by the pope against the king and all his supporters in 1324.

King Louis, no longer contested in Germany, now was able to campaign Italy, where he obtained the Iron Crown of Lombardy
Iron Crown of Lombardy
The Iron Crown of Lombardy is both a reliquary and one of the most ancient royal insignia of Europe. The crown became one of the symbols of the Kingdom of Lombards and later of the medieval Kingdom of Italy...

 in 1327, while the papal regent Robert of Naples was deposed. One year later he was crowned Holy Roman Emperor
Holy Roman Emperor
The Holy Roman Emperor is a term used by historians to denote a medieval ruler who, as German King, had also received the title of "Emperor of the Romans" from the Pope...

 per acclamation
Acclamation
An acclamation, in its most common sense, is a form of election that does not use a ballot. "Acclamation" or "acclamatio" can also signify a kind of ritual greeting and expression of approval in certain social contexts in ancient Rome.-Voting:...

 by the "people of Rome" under the Ghibellin leader Sciarra Colonna
Sciarra Colonna
Sciarrillo Colonna, byname of Giacomo Colonna , was a member of the powerful Colonna family, and a strong enemy of Pope Boniface VIII. During the Outrage of Anagni, in September 1303, Sciarra reportedly slapped the pope in the face. He was brother to Stefano Colonna the Elder.The Colonna family was...

 without any participation of the pope. Thereafter he nominated Antipope Nicholas V
Antipope Nicholas V
Nicholas V, born Pietro Rainalducci was an antipope in Italy from 12 May 1328 to 25 July 1330 during the pontificate of Pope John XXII at Avignon. He was the last Imperial antipope, that is, set up by a Holy Roman Emperor.-Life:Rainalducci was born at Corvaro, an ancient stronghold near Rieti in...

 to receive consecration from him. Nevertheless the political situation in Italy changed again in favour of the House of Anjou, revealing that the Emperor could not actually maintain his sovereignty. Louis was forced to return to Germany, leaving the conflict with the papacy unsettled.

Agreement

In view of the denied recognition by the pope, the prince-electors saw the necessity to affirm their franchise. On July 16, 1338 six electors from Cologne, Mainz
Archbishopric of Mainz
The Archbishopric of Mainz or Electorate of Mainz was an influential ecclesiastic and secular prince-bishopric in the Holy Roman Empire between 780–82 and 1802. In the Roman Catholic Church hierarchy, the Archbishop of Mainz was the primas Germaniae, the substitute of the Pope north of the Alps...

 and Trier
Archbishopric of Trier
The Archbishopric of Trier was a Roman Catholic diocese in Germany, that existed from Carolingian times until the end of the Holy Roman Empire. Its suffragans were the dioceses of Metz, Toul and Verdun. Since the 9th century the Archbishops of Trier were simultaneously princes and since the 11th...

, Saxe-Wittenberg
Saxe-Wittenberg
The Duchy of Saxe-Wittenberg was a medieval duchy of the Holy Roman Empire centered at Wittenberg, which emerged after the dissolution of the stem duchy of Saxony. As the precursor of the Saxon Electorate, the Ascanian Wittenberg dukes prevailed in obtaining the Saxon electoral dignity.-Ascanian...

, Brandenburg
Margraviate of Brandenburg
The Margraviate of Brandenburg was a major principality of the Holy Roman Empire from 1157 to 1806. Also known as the March of Brandenburg , it played a pivotal role in the history of Germany and Central Europe....

 and the Palatinate met at the Nussbaumgarten in Rhens
Rhens
Rhens is a municipality in the district Mayen-Koblenz, in Rhineland-Palatinate, Germany. It is situated on the left bank of the Rhine, approx. 10 km south of Koblenz.Rhens is the seat of the Verbandsgemeinde Rhens....

e to support Emperor Louis IV. Even though the practice of election of the Holy Roman Emperor
Holy Roman Emperor
The Holy Roman Emperor is a term used by historians to denote a medieval ruler who, as German King, had also received the title of "Emperor of the Romans" from the Pope...

 had finally prevailed since the fall of the House of Hohenstaufen, it was now fixed that the election by all or the majority of the electors automatically conferred the royal title and rule over the empire, without papal confirmation. The convened prince-electors decided that "Louis is the rightfully elected King of the Romans, and his legitimate power (in the German kingdom) is not dependent upon the pope's will".

In coincidence with the Emperor's loss of power over Italy the decree meant a decisive step beyond the universal claim of the translatio imperii
Translatio imperii
Translatio imperii, Latin for "transfer of rule", is a concept invented in the Middle Ages for describing history as a linear succession of transfers of imperium, that is of supreme power concentrated with a series of single rulers .-Origin:...

derived from the Roman Empire
Roman Empire
The Roman Empire was the post-Republican period of the ancient Roman civilization, characterised by an autocratic form of government and large territorial holdings in Europe and around the Mediterranean....

 and conveyed by the pope. Louis reacted with two mandates of August 6, 1338, stating that the Emperor-elect is vested with complete Imperial rights and all estates
Imperial State
An Imperial State or Imperial Estate was an entity in the Holy Roman Empire with a vote in the Imperial Diet assemblies. Several territories of the Empire were not represented, while some officials were non-voting members; neither qualified as Imperial States.Rulers of Imperial States were...

 are obliged to ignore dissenting papal decretal
Decretal
Decretals is the name that is given in Canon law to those letters of the pope which formulate decisions in ecclesiastical law.They are generally given in answer to consultations, but are sometimes due to the initiative of the popes...

s. In 1356 the Golden Bull
Golden Bull of 1356
The Golden Bull of 1356 was a decree issued by the Reichstag assembly in Nuremberg headed by the Luxembourg Emperor Charles IV that fixed, for a period of more than four hundred years, important aspects of the constitutional structure of the Holy Roman Empire...

 issued by Emperor Charles IV of Luxembourg
Charles IV, Holy Roman Emperor
Charles IV , born Wenceslaus , was the second king of Bohemia from the House of Luxembourg, and the first king of Bohemia to also become Holy Roman Emperor....

 specified the procedures for imperial election, the electoral college - including the Bohemian king
Kingdom of Bohemia
The Kingdom of Bohemia was a country located in the region of Bohemia in Central Europe, most of whose territory is currently located in the modern-day Czech Republic. The King was Elector of Holy Roman Empire until its dissolution in 1806, whereupon it became part of the Austrian Empire, and...

 - having already been those seven by custom. As result the monarch, no longer subject to papal approbation, became increasingly dependent on the favour of the electors.

The declaration is not to be confused with another meeting of electors at Rhense on August 20, 1400 to depose King Wenceslaus of Luxembourg
Wenceslaus, King of the Romans
Wenceslaus ) was, by election, German King from 1376 and, by inheritance, King of Bohemia from 1378. He was the third Bohemian and second German monarch of the Luxembourg dynasty...

 and elect Rupert of Wittelsbach
Rupert of Germany
Rupert of Germany from the House of Wittelsbach was Elector Palatine from 1398 and German King from 1400 until his death...

.
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