1. The Historical Framework
Michael VIII Palaiologos (1259-1282) was the Emperor who restored the Byzantine Empire in Constantinople after 57 years of rule by Crusader Emperors from the Fourth Crusade. After numerous alliances, switches of partners, and endless conflict with the Latin Empire, and after the idea of Union (which was subsequently implemented in 1274), on 25 July 1261 Nicaean Emperor Michael VIII Palaologus entered Constantinople.
The treaty concluded between Nicaea and Genoa at Nymphaion was a union against the common Venetian enemy.1 It confirmed Genoese property in the harbours, islands and in Romania (today’s Southern Thrace), undertook to protect Genoese colonies and free trade throughout the Empire.
In March 1261, as the treaty was contracted, Nicaea was already recognised as the premier regional power. The sole possible hindrance to this preeminence could emanate from Venice. An armistice with Venice was signed in August 1260, and in summer 1261 the maritime republic’s ships sailed away from Constantinople due to the siege of the fortress of Dafnousion. On 25 July 1261 the Emperor of Nicaea’s armies entered the Byzantine metropolis, which had been left almost undefended.
A transcription of the Treaty’s text in Latin was kept at the Genoese City Hall, being subsequently published by Charles du Cange from the copy kept in the archive of the French kings, and later by French researcher J. A. Buchon.2
The Treaty had a specific purpose: to secure Genoese naval support for the forthcoming imperial restoration. However, it took the form of older-style grants of privileges and free trade licences as issued to merchant republic of Venice, contracted for a known instance during the reign of Alexios I Komnenos (1081-1118).3 Compared to that, the 1261 Treaty between Nicaea and Genoa covered the joint defence of the parties against Venice. Rivalry between the two Italian merchant city-states was age-long. After the Fourth Crusade, Venice reached the zenith of its Mediterranean power, participating in the division of imperial lands. Now that Byzantium’s turn to regain Constantinople had come, Genoa stood by it to take advantage of the situation. It is germane to note that the Black Sea region also featured as a free trade area for Genoese merchants.
2. The Treaty’s contents
The Treaty’s first part covers Byzantine obligations. The text constantly stresses that “Genoa” means Genoese citizens, subjects, and all those who have adopted the calling of “Genoans.”
“The noblemen Guillelmus Vicecomes and Guarnerus Judex being delegates and ambassadors of the Genoese Commune did arrive at the Emperor of the Greeks that most enlightened gentleman Michael Ducas Aghelus Comninus Palaologus ... having been sent by their masters namely the gentleman Martin de Facio being Potesta of Genoa and the gentleman Guilelmo Boca Nigra being Captain of Genoa and by the Council of the Eight Notables and Elders of the City and Commune of Genoa. These emissaries having come to our Empire to negotiate and parley and contract and confirm and conclude with our empire all they had been ordered namely all that is confirmed by a gold-sealed Bull of our Empire and before the Holy Scriptures and the Life-Giving Cross and all Hallows.”4
“In the first instance from this day henceforth between our Empire and our successors let love and everlasting peace prevail with the Commune of Genoa and its subject lands and when there be War with the Commune of Venice and with all Venetians who are our Enemies let no Peace be contracted with the latter Commune nor Armistice nor Agreement without the knowledge and will of the Commune of Genoa. And let also the Commune of Genoa not contract for Peace or Armistice or Union with the Commune of Venice without the Agreement and Will of our Empire.”5
The above is the first clause of the Treaty of common union between the two powers against Venice.
The next clauses grants the right to free trade to Genoese merchants in the lands ruled by Nicaea at the time of the Treaty, and those it may acquire subsequently: “Also it grants and confirms to the said emissaries and executors of Genoa and to certain other Genoese freedom and free will and immunity for all times at sea and on land and in our harbours and our islands so that all that these Genoese and those aforementioned from the area of Genoa possess or may with God’s Will acquire to be free and sovereign and enjoy the protection and guardianship of our entire Empire of all commerkion (fiscal tax) and duty upon entry and upon egress from our realm and whilst within our realm or whilst traveling by sea or land whether with their goods or without them .... without certain individuals or the Emperor having the right to divert such goods.”
“Also, [the Emperor] does grant and confirm for the aforementioned lands and for all places [?] freedom of property and Justice and dominium in Anea Simirris /sic!/ and Landimuti and under God’s Will in Constantinople and in Salonica ... and in the islands of Metelin, Chios, Crete and Negroponte mentioned hereinunder. Merchants arriving to conduct trade may have Logias and Palaces and Churches and Baths and Bakeries and Gardens and sufficient Houses and Stables. Merchants arriving may have their own Courts of Law. We promise not to accept anyone from Genoa or its region or who calls himself a Genoan for our vassal or retainer thus allowing these persons forever to retain fidelity to the Curia (Curia Romana of the Holy See) and the jurisdiction of the Genoese Consuls and to be responsible before Her and the Genoan citizens and these living within Genoa.”6
The right of the Genoese to have their own courts was confirmed: they could settle their disputes under Genoese jurisdiction. Where offences are committed by aliens from outside Genoa the Byzantines were to restore order and the rule of law rapidly.
“Also [the Emperor] shall not accept any army which may be directed against Genoa in any lands which [he] possesses or may acquire. Neither shall he trade with whomsoever save for the Pisans who are faithful to our Empire. And he shall expel all Pirates acting against Genoa or else shall punish them under the provisions of the Law.”
“Also [he] promises and confirms rights and grounds and privileges [under the Law] upon Premises which [they] may build with the Lord’s Help in Constantinople. And if the Lord so wills that we may restore our Empire and take the said City than to grant in that City Champers for the Commune of Genoa and a Seat and lands and in gratitude to grant the Church of Hagia Maria which the Venetians within it now hold and its Cemetery and also the Venetian Fort in that City provided [Genoa] supports with men of war the taking of the City.” [Author’s italics]
“Does promise and confirm to send to Genoa annually fifty perperas and two gilded pallia to the Bishopric of Genoa and to the Archbishopric forty perperas and one pallium as is mentioned in the privileges granted by the Late Emperor Manuel.”7
“Also promises free trade with goods and grain and foods throughout the Empire without any taxes and exactions whatsoever.” … “Allows all ships of Genoa to leave all harbouors of the Empire without being held responsible for debt or theft ...”
“Promises also not to permit trade in the Great Sea [the Black Sea] to other Latins save for Genoese and Pisans who may freely enter and egress with or without goods from the said Sea.”
“Also promises and confirms by Oath and Signature that [he] absolves of arrest and penitentiary all Genoese and those from the area and those having adopted this calling and lets them depart.”
The emissaries aforementioned do swear in all this over Holy Scriptures and the True and Hallowed Cross and in all Hallows and take upon their souls [the responsibility] and those of their superior gentlemen and the potesta, and Captains and Elders and the Eight Notables and do swear in confirmation of the aforenoted.
The second part of the Treaty covers the obligations of the Genoese side.
“Let Genoa be in perpetual peace with our Empire and our successors and not enter into Peace or Armistice or Agreement with the Communie of Venice which is our common Enemy without the knowledge and Will of our Empire and vice versa.”
“Let it also safeguard and defend all that our Emissaries and the subjects of our Empire in Genoa possess.”
Byzantine subjects shall trade freely in Genoa and in its area and shall import and export goods and arms and horses freely and without tax or duty. All Genoese and those from the area may freely enter upon service to the Empire with Men of War and Arms and Ships and Horses and the Government of the Commune shall not hinder them. Also where a merchant ship happens to be within a certain harbour upon War with Pisa or Venice or another party and where the Castelan may seek military aid than the men shall receive pay for the duration of service for ten days or twenty or for a month or for longer or shorter so that they may guard the castle as their own and do no harm to this castle and upon refusal to be treated as traitors to the Commune of Genoa. Also the Byzantine Emissaries may at their will depart Genoa with their arms and horses.
“To maintain the Men of War which Genoa shall grant our Empire forty measures of dried bread and salt meat and ten modias .... wine shall be made available and the pay of sailors and Ship’s Masters and seamen shall be 13 perperas and also Cooks from the day they leave the harbour of Genoa henceforward. Genoa shall be obliged to provide such Men of War fully equipped. They shall serve our Empire in its defence against all her Enemies with the exception of the Church of Rome and against those with whom Genoa has contracted Peace.”8
“Where the aforesaid may not be fulfilled prior to 1 October then Genoa shall send 40 galeras and shall reimburse the Empire’s expenses.”
Genoese merchants shall not import goods which were not made in Genoa.
Merchants shall have licence to export from our Empire all goods save for Gold and Silver. Executors in the harbours and logias of Landrimit and Chios, Aenea, Marellini, Casandria, Simirris and under Divine Providence of Constantinople and in Negroponte and in Crete shall confiscate goods brought from other lands.”
“Our Empire does confirm the aforesaid with these privileges and provided that the authorities in Genoa do confirm it by Oath and with the signatures of the two Emissaries.”
“Duly contracted within the Roman Empire at the Court of the Emperor at Nisiem (sic!) 9 during Anno Domini 1261, IV Indiction, the 13th Day of March.”
“As witnessed by for the Emperor the Grand Parathimemoni (parakoimomenoi?) Isaak Ducas and Pansebastis Theofor Crincioti and the beloved Archdeacon Leo all of them having the full mandate of the Emperor and written by the Notary Jacob Mazuchi. On the 28th Day of April 1261 as a Gold Sealed Charter and on the 10th Day of July confirmed by the potesta Jordanis de Alvenigo and Capetanos Guillelmus Bocanegra.”
Later follow the names of lands and rulers excluded from the list of enemies: “the Church of Rome, the Kings of France, Castille, England, Sicily, Aragon, Armenia, the King and Queen of Cyprus and Jerusalem, the Count of Provence sir Philippis de Monferrato, the Ruler of Tyre and his successors, all Christian Barons of Jerusalem and Cyprus, the Knights Hospitallers and other church missions from Ancona, the King of Tunisia [?], the Sultan of Babylon, Damascus and Haleppo, the Sultan of Antioch, the Marquess of Montferrato and all from Lombardy and Pisa, the Prince of Achaia Guillelmo Villehardouin and his successors.”
This is followed by a list of Genoese signatories: the Eight Notables, 25 Elders, 76 Advisers, and 109 Captains.
“Contracted in Genoa at the Palace during 1261 on the 10th Day of July in the III Indiction.” A later endorsement of 28 April 1261, IV Indiction, follows.
3. Consequences
The Treaty of Nymphaion granted Genoa the same Byzantine trading privileges as Venice enjoyed. The two Italian republics received exceptional concessions and ultimately took over all Eastern Mediterranean trade. This situation contunied to obtain until the collapse of Byzantium, sustaining even into the early centuries of the Ottoman Empire.