In Italy and Germany the growth of a national state [Sidenote: Italy] was retarded by the fact that one was the seat of the pope, the other of the emperor, each of them claiming a universal authority. Moreover, these two powers were continually at odds. The long investiture strife, culminating in the triumph of Gregory VII at Canossa [Sidenote: 1077] and ending in the Concordat of Worms, [Sidenote: 1122] could not permanently settle the relations of the two. Whereas Aquinas and the Canon Law maintained the superiority of the pope, there were not lacking asserters of the imperial preeminence. William of Occam's argument to prove that the emperor might depose an heretical pope was taken up by Marsiglio of Padua, whose _Defender of the Peace_ [Sidenote: c. 1324] ranks among the ablest of political pamphlets. In order to reduce the power of the pope, whom he called "the great dragon and old serpent," he advanced the civil government to a complete supremacy in ecclesiastical affairs. He stated that the only authority in matters of faith was the Bible, with the necessary interpretation given it by a general council composed of both clergy and laymen; that the emperor had the right to convoke and {44} direct this council and to punish all priests, prelates and the supreme pontiff; that the Canon Law had no validity; that no temporal punishment should be visited on heresy save by the state, and no spiritual punishment be valid without the consent of the state. [Sidenote: Germany] With such a weapon in their hands the emperors might have taken an even stronger stand than did the kings of England and France but for the lack of unity in their dominions. Germany was divided into a large number of practically independent states. It was in these and not in the empire as a whole that an approach was made to a form of national church, such as was realized after Luther had broken the bondage of Rome. When Duke Rudolph IV of Austria in the fourteenth century stated that he intended to be pope, archbishop, archdeacon and dean in his own land, when the dukes of Bavaria, Saxony and Cleves made similar boasts, they but put in a strong form the program that they in part realized. The princes gradually acquired the right of patronage to church benefices, and they permitted no bulls to be published, no indulgences sold, without their permission. The Free Cities acted in much the same way. The authority of the German states over their own spiritualities was no innovation of the heresy of Wittenberg.