Privilegium Minus
Encyclopedia
The Privilegium Minus is a document issued by Emperor Frederick I
on September 17, 1156. It included the elevation of the Margraviate
of Austria
to a Duchy
, which was given as an inheritable fief to the House of Babenberg
. Its recipient was Frederick's paternal uncle Margrave Henry II Jasomirgott. In addition to that, inheritance should also be possible through the female line of the ducal family. In the absence of children, the duke was allowed to designate a successor (Libertas Affectandi). The duke's duty to attend the Reichstag
was limited to those cases where it convened in Bavaria
. Also, Austria was henceforth only required to provide troops to the emperor in wars in its vicinity.
The issue of the Privilegium Minus document is to be seen before the backdrop of the conflict between the Hohenstaufen
and Welfen dynasties in the Holy Roman Empire
, which the then young emperor (who was descended from both houses) desired to end. The Duchy of Bavaria was returned to Henry the Lion
of the Welfen dynasty, which the Babenberg
s had ruled since 1139. To make up for the loss, Austria was raised to the status of a duchy. This was then seen as a loss for Duke Henry II Jasomirgott. Only much later, the document turned out to be founding act for what was to become a nation
. Because of it, 1156 is sometimes given as Austria's date of independence, which it then gained from Bavaria.
, Styria and Carinthia died in 1246.
was partially based on provisions of Privilegium Minus of Austria. Although not given to the Habsburgs but to the Babenbergs, it anyway allowed female heirs to succeed in Austria, and it designated to the Duke the right to name a successor in absence of heirs. It led to War of Austrian Succession.
Frederick I, Holy Roman Emperor
Frederick I Barbarossa was a German Holy Roman Emperor. He was elected King of Germany at Frankfurt on 4 March 1152 and crowned in Aachen on 9 March, crowned King of Italy in Pavia in 1155, and finally crowned Roman Emperor by Pope Adrian IV, on 18 June 1155, and two years later in 1157 the term...
on September 17, 1156. It included the elevation of the Margraviate
Margrave
A margrave or margravine was a medieval hereditary nobleman with military responsibilities in a border province of a kingdom. Border provinces usually had more exposure to military incursions from the outside, compared to interior provinces, and thus a margrave usually had larger and more active...
of Austria
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
to a Duchy
Duchy
A duchy is a territory, fief, or domain ruled by a duke or duchess.Some duchies were sovereign in areas that would become unified realms only during the Modern era . In contrast, others were subordinate districts of those kingdoms that unified either partially or completely during the Medieval era...
, which was given as an inheritable fief to the House of Babenberg
Babenberg
Originally from Bamberg in Franconia, now northern Bavaria, an apparent branch of the Babenbergs or Babenberger went on to rule Austria as counts of the march and dukes from 976–1248, before the rise of the house of Habsburg.-One or two families:...
. Its recipient was Frederick's paternal uncle Margrave Henry II Jasomirgott. In addition to that, inheritance should also be possible through the female line of the ducal family. In the absence of children, the duke was allowed to designate a successor (Libertas Affectandi). The duke's duty to attend the Reichstag
Reichstag (Holy Roman Empire)
The Imperial Diet was the Diet, or general assembly, of the Imperial Estates of the Holy Roman Empire.During the period of the Empire, which lasted formally until 1806, the Diet was not a parliament in today's sense; instead, it was an assembly of the various estates of the realm...
was limited to those cases where it convened in Bavaria
Bavaria
Bavaria, formally the Free State of Bavaria is a state of Germany, located in the southeast of Germany. With an area of , it is the largest state by area, forming almost 20% of the total land area of Germany...
. Also, Austria was henceforth only required to provide troops to the emperor in wars in its vicinity.
The issue of the Privilegium Minus document is to be seen before the backdrop of the conflict between the Hohenstaufen
Hohenstaufen
The House of Hohenstaufen was a dynasty of German kings in the High Middle Ages, lasting from 1138 to 1254. Three of these kings were also crowned Holy Roman Emperor. In 1194 the Hohenstaufens also became Kings of Sicily...
and Welfen dynasties in 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...
, which the then young emperor (who was descended from both houses) desired to end. The Duchy of Bavaria was returned to Henry the Lion
Henry the Lion
Henry the Lion was a member of the Welf dynasty and Duke of Saxony, as Henry III, from 1142, and Duke of Bavaria, as Henry XII, from 1156, which duchies he held until 1180....
of the Welfen dynasty, which the Babenberg
Babenberg
Originally from Bamberg in Franconia, now northern Bavaria, an apparent branch of the Babenbergs or Babenberger went on to rule Austria as counts of the march and dukes from 976–1248, before the rise of the house of Habsburg.-One or two families:...
s had ruled since 1139. To make up for the loss, Austria was raised to the status of a duchy. This was then seen as a loss for Duke Henry II Jasomirgott. Only much later, the document turned out to be founding act for what was to become a nation
Nation
A nation may refer to a community of people who share a common language, culture, ethnicity, descent, and/or history. In this definition, a nation has no physical borders. However, it can also refer to people who share a common territory and government irrespective of their ethnic make-up...
. Because of it, 1156 is sometimes given as Austria's date of independence, which it then gained from Bavaria.
In succession crisis of the 13th century
Because the Babenberg Austria was inheritable by female lines, two rival candidates emerged after the last male Babenberg Frederick II, Duke of AustriaFrederick II, Duke of Austria
Frederick II, known as the Quarrelsome or the Warlike , from the House of Babenberg, was the duke of Austria and Styria from 1230 to 1246....
, Styria and Carinthia died in 1246.
- Herman VI, Margrave of Baden (died 1250), second husband of Gertrude of Babenberg, the daughter of the late Henry of Modling, the elder brother of the now late Duke Frederick. She was the primogenitural heir of Duke Frederick and the entire Babenberg line of Dukes of Austria. Her first husband Vladislav of Bohemia, Margrave of Moravia (died 1247) had already claimed Austrian duchy against duke Frederick, as Gertrude was heiress of the elder brother. After Herman's death, her third husband Roman, Prince of Novogrudok (married 1252, divorced 1253) continued the claim in 1252-53. And then Gertrude and Herman's son Frederick I, Margrave of BadenFrederick I, Margrave of BadenFrederick I of Baden was Margrave of Baden and claimant Duke of Austria from October 4, 1250 until his death...
's claim was asserted to the Babenberg inheritance, but he was killed in 1268, leaving a sister (the future Countess of Heunburg) to continue the line.
- King Ottokar II of BohemiaOttokar II of BohemiaOttokar II , called The Iron and Golden King, was the King of Bohemia from 1253 until 1278. He was the Duke of Austria , Styria , Carinthia and Carniola also....
(1233–78), since 1252 husband of the (childless) Margaret of Babenberg, dowager Queen of the Romans and the only surviving sister of Duke Frederick. By proximity of bloodProximity of bloodProximity of blood, or closeness in degree of kinship, is one of the ways to determine hereditary succession based on genealogy. It was at loggerheads with primogeniture in numerous medieval succession disputes....
, she was the closest surviving relative of the last duke. Ottokar and Margaret were proclaimed Duke and Duchess of Austria. However, Margaret was barren and they got divorced in 1260, Ottokar marrying a younger woman. Margaret died in 1267 and left no children (so her heiress would be Gertrude again) - but Ottokar kept Austria, Styria etc. claiming to be the heir designated by Margaret in their divorce settlement. He held the duchies until deposed by king Rudolf I of Germany in 1276.
In the succession crisis of 18th century
The Pragmatic Sanction of 1713Pragmatic Sanction of 1713
The Pragmatic Sanction of 1713 was an edict issued by Holy Roman Emperor Charles VI to ensure that the throne of the Archduchy of Austria could be inherited by a daughter....
was partially based on provisions of Privilegium Minus of Austria. Although not given to the Habsburgs but to the Babenbergs, it anyway allowed female heirs to succeed in Austria, and it designated to the Duke the right to name a successor in absence of heirs. It led to War of Austrian Succession.