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The Declaration of Rhens or Treaty of Rhens (german: Kurverein) was a decree or ''
Kurverein {{italic title In the Late Middle Ages, when the (seven) German prince electors (''Kurfürsten'') met to elect their king and emperor, their discussions sometimes led to the conclusion of a treaty, which was later called the ''Kurverein''. Such a tr ...
'' of the Prince-electors of the
Holy Roman Empire The Holy Roman Empire was a Polity, political entity in Western Europe, Western, Central Europe, Central, and Southern Europe that developed during the Early Middle Ages and continued until its Dissolution of the Holy Roman Empire, dissolution i ...
issued in 1338 and initiated by
Baldwin of Luxembourg Baldwin of Luxembourg (c. 1285 – 21 January 1354) was the Archbishop- Elector of Trier and Archchancellor of Burgundy from 1307 to his death. From 1328 to 1336, he was the diocesan administrator of the archdiocese of Mainz and from 1331 to 13 ...
, the
Archbishop of Trier The Diocese of Trier, in English historically also known as ''Treves'' (IPA "tɾivz") from French ''Trèves'', is a Latin Church ecclesiastical territory or diocese of the Catholic church in Germany.Emperor Henry VII Henry VII (German: ''Heinrich''; c. 1273 – 24 August 1313),Kleinhenz, pg. 494 also known as Henry of Luxembourg, was Count of Luxembourg, King of Germany (or '' Rex Romanorum'') from 1308 and Holy Roman Emperor from 1312. He was the first empe ...
.


Background

In 1314 Louis of Wittelsbach had been elected '' Rex Romanorum'' against Frederick of Habsburg at
Frankfurt Frankfurt, officially Frankfurt am Main (; Hessian: , "Frank ford on the Main"), is the most populous city in the German state of Hesse. Its 791,000 inhabitants as of 2022 make it the fifth-most populous city in Germany. Located on its na ...
, however with the decisive fourth vote cast by the Elector
John II John II may refer to: People * John Cicero, Elector of Brandenburg (1455–1499) * John II Casimir Vasa of Poland (1609–1672) * John II Comyn, Lord of Badenoch (died 1302) * John II Doukas of Thessaly (1303–1318) * John II Komnenos (1087–1 ...
of
Saxe-Lauenburg The Duchy of Saxe-Lauenburg (german: Herzogtum Sachsen-Lauenburg, called ''Niedersachsen'' (Lower Saxony) between the 14th and 17th centuries), was a '' reichsfrei'' duchy that existed from 1296–1803 and again from 1814–1876 in the extreme so ...
. The election was denied not only by the rivaling duchy of
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. The Ascanian dukes prevailed in obtaining the Saxon electoral dignity until th ...
but also by the
Archbishop of Cologne The Archbishop of Cologne is an archbishop governing the Archdiocese of Cologne of the Catholic Church in western North Rhine-Westphalia and is also a historical state in the Rhine holding the birthplace of Beethoven and northern Rhineland-Palati ...
, who traditionally held the privilege to crown the elected king at
Aachen Aachen ( ; ; Aachen dialect: ''Oche'' ; French and traditional English: Aix-la-Chapelle; or ''Aquisgranum''; nl, Aken ; Polish: Akwizgran) is, with around 249,000 inhabitants, the 13th-largest city in North Rhine-Westphalia, and the 28th- ...
. Moreover,
Henry of Carinthia Henry of Gorizia (german: Heinrich, cs, Jindřich; – 2 April 1335), a member of the House of Gorizia, was Duke of Carinthia and Landgrave of Carniola (as Henry VI) and Count of Tyrol from 1295 until his death, as well as King of Bohemia, Marg ...
had acted as the
Bohemian Bohemian or Bohemians may refer to: *Anything of or relating to Bohemia Beer * National Bohemian, a brand brewed by Pabst * Bohemian, a brand of beer brewed by Molson Coors Culture and arts * Bohemianism, an unconventional lifestyle, origin ...
elector, voting for Frederick, although he had already been deposed as king by
John of Luxembourg John the Blind or John of Luxembourg ( lb, Jang de Blannen; german: link=no, Johann der Blinde; cz, Jan Lucemburský; 10 August 1296 – 26 August 1346), was the Count of Luxembourg from 1313 and King of Bohemia from 1310 and titular King of ...
in 1310. Louis was crowned by
Peter von Aspelt Peter of Aspelt (aka ''Peter von Aichspelt, Peter von Basel, Peter von Mainz''; born 1240/45, died 5 June 1320 in Mainz) was Archbishop of Mainz from 1306 to 1320, and an influential political figure of the period. He brought the archbishopric to ...
, the
Archbishop of Mainz The Elector of Mainz was one of the seven Prince-electors of the Holy Roman Empire. As both the Archbishop of Mainz and the ruling prince of the Electorate of Mainz, the Elector of Mainz held a powerful position during the Middle Ages. The Archb ...
, while Frederick of Habsburg received consecration by the Cologne archbishop, though not at Aachen but in
Bonn The federal city of Bonn ( lat, Bonna) is a city on the banks of the Rhine in the German state of North Rhine-Westphalia, with a population of over 300,000. About south-southeast of Cologne, Bonn is in the southernmost part of the Rhine-Ruhr r ...
. The legal uncertainty of the double election resulted in a long-standing conflict, finally settled by the 1322
Battle of Mühldorf The Battle of Mühldorf (also known as the Battle of Ampfing) was fought near Mühldorf am Inn on September 28, 1322 between the Duchy of (Upper) Bavaria and Austria. The Bavarians were led by the German king Louis of Wittelsbach, while the A ...
in favour of Louis. The controversy broadened as
Pope John XXII Pope John XXII ( la, Ioannes PP. XXII; 1244 – 4 December 1334), born Jacques Duèze (or d'Euse), was head of the Catholic Church from 7 August 1316 to his death in December 1334. He was the second and longest-reigning Avignon Pope, elected by ...
in
Avignon Avignon (, ; ; oc, Avinhon, label=Provençal dialect, Provençal or , ; la, Avenio) is the Prefectures in France, prefecture of the Vaucluse Departments of France, department in the Provence-Alpes-Côte d'Azur Regions of France, region of So ...
, willing to restore the papal claim to power, nevertheless dependent on the French royal
House of Capet The House of Capet (french: Maison capétienne) or the Direct Capetians (''Capétiens directs''), also called the House of France (''la maison de France''), or simply the Capets, ruled the Kingdom of France from 987 to 1328. It was the most s ...
, refused to acknowledge Louis' election. Instead he took the occasion to install
Robert of Naples Robert of Anjou ( it, Roberto d'Angiò), known as Robert the Wise ( it, Roberto il Saggio; 1276 – 20 January 1343), was King of Naples, titular King of Jerusalem and Count of Provence and Forcalquier from 1309 to 1343, the central figure of Ita ...
from the
Capetian House of Anjou The Capetian House of Anjou or House of Anjou-Sicily, was a royal house and cadet branch of the direct French House of Capet, part of the Capetian dynasty. It is one of three separate royal houses referred to as ''Angevin'', meaning "from Anjou" ...
as "Senator of Rome" and regent of the Imperial
Kingdom of Italy The Kingdom of Italy ( it, Regno d'Italia) was a state that existed from 1861, when Victor Emmanuel II of Kingdom of Sardinia, Sardinia was proclamation of the Kingdom of Italy, proclaimed King of Italy, until 1946, when civil discontent led to ...
in 1317. The king however was the choice of the
Ghibelline The Guelphs and Ghibellines (, , ; it, guelfi e ghibellini ) were factions supporting the Pope and the Holy Roman Emperor, respectively, in the Italian city-states of Central Italy and Northern Italy. During the 12th and 13th centuries, rival ...
party which included not only the
House of Wittelsbach The House of Wittelsbach () is a German dynasty, with branches that have ruled over territories including Bavaria, the Palatinate, Holland and Zeeland, Sweden (with Finland), Denmark, Norway, Hungary (with Romania), Bohemia, the Electorate ...
but also the Bohemian
Luxembourg Luxembourg ( ; lb, Lëtzebuerg ; french: link=no, Luxembourg; german: link=no, Luxemburg), officially the Grand Duchy of Luxembourg, ; french: link=no, Grand-Duché de Luxembourg ; german: link=no, Großherzogtum Luxemburg is a small lan ...
s and the Milanese
Visconti Visconti is a surname which may refer to: Italian noble families * Visconti of Milan, ruled Milan from 1277 to 1447 ** Visconti di Modrone, collateral branch of the Visconti of Milan * Visconti of Pisa and Sardinia, ruled Gallura in Sardinia from ...
. 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, in common usage, is something or someone detested or shunned. In its other main usage, it is a formal excommunication. The latter meaning, its ecclesiastical sense, is based on New Testament usage. In the Old Testament, anathema was a cr ...
and
interdict In Catholic canon law, an interdict () is an ecclesiastical censure, or ban that prohibits persons, certain active Church individuals or groups from participating in certain rites, or that the rites and services of the church are banished from ...
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 The Iron Crown ( lmo, Corona Ferrea de Lombardia; it, Corona Ferrea; la, Corona Ferrea) is a relic and may be one of the oldest royal insignia of Christendom. It was made in the Early Middle Ages, consisting of a circlet of gold and jewels fit ...
in 1327, while the papal regent Robert of Naples was deposed. One year later he was crowned
Holy Roman Emperor The Holy Roman Emperor, originally and officially the Emperor of the Romans ( la, Imperator Romanorum, german: Kaiser der Römer) during the Middle Ages, and also known as the Roman-German Emperor since the early modern period ( la, Imperat ...
per
acclamation An acclamation is a form of election that does not use a ballot. It derives from the ancient Roman word ''acclamatio'', a kind of ritual greeting and expression of approval towards imperial officials in certain social contexts. Voting Voice vot ...
by the "people of Rome" under the Ghibelline leader
Sciarra Colonna Giacomo Colonna (1270-1329), more commonly known by his bynames Sciarrillo or Sciarra, was a member of the powerful Colonna family. He is most famous for attacking Pope Boniface VIII and for crowning Louis IV of Germany as Holy Roman Emperor. T ...
without any participation of the pope. Thereafter he nominated
Antipope Nicholas V Nicholas V, born Pietro Rainalducci (c. 125816 October 1333) was an antipope in Italy from 12 May 1328 to 25 July 1330 during the pontificate of Pope John XXII (1316–1334) at Avignon. He was the last antipope set up by a Holy Roman Emper ...
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 16 July 1338 six electors from
Cologne Cologne ( ; german: Köln ; ksh, Kölle ) is the largest city of the German western States of Germany, state of North Rhine-Westphalia (NRW) and the List of cities in Germany by population, fourth-most populous city of Germany with 1.1 m ...
,
Mainz Mainz () is the capital and largest city of Rhineland-Palatinate, Germany. Mainz is on the left bank of the Rhine, opposite to the place that the Main (river), Main joins the Rhine. Downstream of the confluence, the Rhine flows to the north-we ...
and
Trier Trier ( , ; lb, Tréier ), formerly known in English as Trèves ( ;) and Triers (see also names in other languages), is a city on the banks of the Moselle in Germany. It lies in a valley between low vine-covered hills of red sandstone in the ...
,
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. The Ascanian dukes prevailed in obtaining the Saxon electoral dignity until th ...
,
Brandenburg Brandenburg (; nds, Brannenborg; dsb, Bramborska ) is a states of Germany, state in the northeast of Germany bordering the states of Mecklenburg-Vorpommern, Lower Saxony, Saxony-Anhalt, and Saxony, as well as the country of Poland. With an ar ...
and the
Electorate of the Palatinate The Electoral Palatinate (german: Kurpfalz) or the Palatinate (), officially the Electorate of the Palatinate (), was a state that was part of the Holy Roman Empire. The electorate had its origins under the rulership of the Counts Palatine of ...
met at the ''Nussbaumgarten'' in
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 was the seat of the former ''Verbandsgemeinde'' ("collective munici ...
to support Emperor Louis IV. Even though the practice of election of the
Holy Roman Emperor The Holy Roman Emperor, originally and officially the Emperor of the Romans ( la, Imperator Romanorum, german: Kaiser der Römer) during the Middle Ages, and also known as the Roman-German Emperor since the early modern period ( la, Imperat ...
had finally prevailed since the fall of the
House of Hohenstaufen The Hohenstaufen dynasty (, , ), also known as the Staufer, was a noble family of unclear origin that rose to rule the Duchy of Swabia from 1079, and to royal rule in the Holy Roman Empire during the Middle Ages from 1138 until 1254. The dynasty ...
, 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.Britannica Educational Publishing. Germany, ed. Michael Ray. Britannica Educational Publishing, 2013. p.153. 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'' (Latin for "transfer of rule") is a historiographical concept that originated from the Middle Ages, in which history is viewed as a linear succession of transfers of an ''imperium'' that invests supreme power in a singular r ...
'' derived from the
Roman Empire The Roman Empire ( la, Imperium Romanum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post-Republican period of ancient Rome. As a polity, it included large territorial holdings around the Mediterr ...
and conveyed by the pope. Louis reacted with two mandates of 6 August 1338, stating that the Emperor-elect is vested with complete Imperial rights and all estates are obliged to ignore dissenting papal
decretal Decretals ( la, litterae decretales) are letters of a pope that formulate decisions in ecclesiastical law of the Catholic Church.McGurk. ''Dictionary of Medieval Terms''. p. 10 They are generally given in answer to consultations but are sometimes ...
s. In 1356 the
Golden Bull A golden bull or chrysobull was a decree issued by Byzantine Emperors and later by monarchs in Europe during the Middle Ages and Renaissance, most notably by the Holy Roman Emperors. The term was originally coined for the golden seal (a ''bull ...
issued by Emperor Charles IV of Luxembourg specified the procedures for imperial election, the electoral college - including the
Bohemian king The Duchy of Bohemia was established in 870 and raised to the Kingdom of Bohemia in Golden Bull of Sicily, 1198. Several Bohemian monarchs ruled as non-hereditary kings beforehand, first gaining the title in 1085. From 1004 to 1806, Bohemia was p ...
- 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 Rhens on 20 August 1400 to depose King Wenceslaus of Luxembourg and elect Rupert of Wittelsbach.


See also

*
Erbreichsplan ''Erbreichsplan'' is a German word meaning "plan for a hereditary empire". It refers to the proposal of Henry VI, Holy Roman Emperor (1191–1197), to abolish imperial election and make the Holy Roman Empire hereditary within his family, the Staufer ...
*
List of treaties This list of treaties contains known agreements, pacts, peaces, and major contracts between states, armies, governments, and tribal groups. Before 1200 CE 1200–1299 1300–1399 1400–1499 1500–1599 1600–1699 1700–1799 ...


References

{{DEFAULTSORT:Declaration Of Rhense 1330s in law 1330s in the Holy Roman Empire 1338 in Europe Imperial election (Holy Roman Empire) Middle Rhine Louis IV, Holy Roman Emperor