Privilegium Washout

The Privilegium Minus was, in a restricted direction, a imperial act of 1156 which is to some extent the “founding document” of the Austria.

In a broader direction, a Privilegium Minus was with the Moyen-âge 9th century at the 14th century the simple shape of the papal documents , in opposition to the Privilegium Maius. The Privilegium Minus was replaced by the Brève, the Privilegium Maius by the pontifical Bulle.

The Privilegium Austrian Washout

The Privilegium Washout , also small letter of Austrian freedom , is a solemn act of the September 17th 1156 signed between the emperor Frederic I {{er}} and the Margrave Henri Jasomirgott of the Maison of Babenberg. It is to be distinguished from the Privilegium Maius , a forgery of the chancellery of Rodolphe IV of 1358/59.

The margraviat of Ostarrîchi is high with the hereditary Duché of Babenbergs. The descent in female line is also envisaged. At the time of an absence of a direct heir, the duke obtains the right to choose his successor oneself. The obligation to take part in the imperial Diète S is restricted with those taking place in Bavaria. The Military service is only obligatory only in the territories close to the Austria.

It is necessary to analyze this act by having with the spirit the conflict between Staufen and Welfs that the young emperor of the Holy roman Empire - going down from the two houses - tries to solve. Henri the Lion of the house of the Welfs obtains the Bavaria where Babenbergs are with the capacity since 1139. Rise with the duchy in Austria must then compensate for this loss and in time, the Privilegium Minus is seen like a loss of Henri Jasomirgott. However, for Frederic I {{er}}, it rather acts to decrease the territory of Bavaria to the profit of Austria, thus removing capacity with Henri XII.

Context

In March 1152, Frederic I {{er}} is elected king. It is probable that Henri XII voted for him and that obtaining the Bavaria was already promised thing. Even a reliable source as Othon de Freising does not mention the names of the characters present at Frankfurt at the time of the election. In any case, Frederic Ier may find it beneficial great to be combined in Henri XII, it projects a campaign in Italy for which it needs the troops of Henri XII. Frederic Ier accepts whereas Henri XII is with the head and of the Bavaria and of the Saxony.

When the king invites the two dukes with the Diète of Empire to Würzburg in 1152 to solve the question of Bavaria, Henri Jasomirgott goes away. New negotiations take place with Worms in 1153 without finding a solution, Henri Jasomirgott complains not to be invited according to the rules. This tactic of Henri Jasomirgott prevents a solution.

In 1154, Frederic Ier wants to settle the question once and for all, the countryside of Italy must take place soon. The two applicants are invited to the diet Goslar in June 1154, Henri Jasomirgott goes away again. The imperial court of justice then decides to give Bavaria to Henri XII without the assent of Henri Jasomirgott. This decision is facilitated by the fact that Henri Jasomirgott did not reinforce his position in Bavaria. It had already left Ratisbon for Vienna which becomes the new seat of the margrave and had thus been withdrawn from the territories in the north of Bavaria. Since the decision of the court, Henri XII carries the Bavarian and Saxon title in the official documents and on his Blason. the Investiture itself takes place only at the time of the diet to Ratisbon in 1156, Henri Jasomirgott officially renonçant in Bavaria. The position of Henri XII was already reinforced by the Hommage of Large of Bavaria in October 1155.

A secret meeting takes place between Frederic Ier and Henri Jasomirgott the June 5th 1156 with Ratisbon, the details of this meeting remain unknown.

Imperial diet in Ratisbon 1156

The diet of Ratisbon begins the September 8th 1156, the camp of Henri Jasomirgott is close to the city, it was able to confirm decisions already in force since the June 5th 1156. Frederic Ier, accompanied by Large by the kingdom of which Henri XII, visit the camp of Henri Jasomirgott on the meadows of Barbingen. The fact that Frederic Ier moves for Henri Jasomirgott, even if it were only for 2 German miles, watch the reconciling attitude of the king with respect to Babenbergs. One is unaware of if this visit were required by Henri Jasomirgott after the meeting of the June 5th where if Frederic Ier wanted to prevent a quarrel of precedence with Henri the Lion, duke de facto .

Henri Jasomirgott symbolically gives seven flags to Frederic Ier, which mean the abandonment of Bavaria. Henri the Lion then becomes the Vassal of Frederic Ier and returns two of the seven flags to the king. Frederic raises the margraviat of Ostarrîchi in Duché and symbolically gives two flags to Henri Jasomirgott and his wife. The quarrel autout of the duchy of Bavaria is then solved without military conflict, Henri XII becomes duke of Bavaria and Henri Jasomirgott duke of Austria.

The solution of the conflict by vassalage

Last nine days after the ceremony of the September 8th 1165, the Privilegium Minus is established after new negotiations. Frederic I {{er}} succeeded in solving in the long run the conflict around the Bavaria by the Vassalité.

Margraviat with the duchy

The transformation of the margraviat into Duché was proposed by the Prince S of Empire on request of the Empereur and was proclaimed by one of most important Grands Empire, Venceslas I {{er}} of Bohemia. The exact sentence of the Privilegium Minus concerning this transformation is bus principibus approbantibus marchiam Austrie in ducatum commutavimus . The reasons for which the change was made find some lines higher with the honor and gloria of Henri Jasomirgott. A reason for the change was the fact that Henri did not lose the honor and the glory which the title of duke reported.

A degradation of Henri II with the simple margrave was inconceivable, it was not guilty of an unspecified act. During a degradation, Henri the Lion would have taken precedence of Jasomirgott, and would have had the possibility of inviting Babenberg at its court by obliging it to be responsible in front of him. These points testify to the importance returned to the statute of the characters concerned.

Henri Jasomirgott received, according to the Privilegium Minus , the duchy with all his Fief S of the time of Léopold IV. Thus Henri II took the same position as a duke that it had as a margrave. This point was very important for Babenberg, which wished to carry the title of duke without however giving up the privileges of the margrave. As a margrave, it had the possibility of asking services, especially of financial nature to the Church. As a duke it would not have had the right to touch with the Immunité S of the imperial churches under royal protection.

For Henri the Lion, the reinforcement of the Babenbergs was done at the expense of Bavaria, which loses the walk of Austria. Bavaria became a duchy inside the Empire, with the image of the Souabe. It had received the duchy of Bavaria, but the duties are determined by the borders, an expansion or the protection of the borders is not possible any more. Its territory of influence is reduced to north and the North-East Saxony.

The reinforcement of the Maison of Babenberg at the expense of the Welfs has being wanted by Frederic Ier to establish a counterweight vis-a-vis Henri the Lion, one of most powerful princes d' Empire of his time. Frederic Ier had succeeded in finding a solution accepted by everyone, and with his own profit. Frederic Ier received the military quotas necessary for his countryside in Italy without having to turn into to concessions with Henri the Lion and to be combined in Babenberg thanks to the granted privileges. All the more, the resolution of the conflict without having resorts to the army contributes to the Landfrieden of the Empire, necessary at the time of the absence of Frederic Ist.

The libertas affectandi

Among the privileges granted to Henri Jasomirgott that of the choice of the successor in the event of absence of direct heir is:

I autem predictus dux Austrie patruus noster and uxor eius absque liberis decesserint, libertatem habeant eundem ducatum affectandi cuicumque voluerint .

It is a very rare case with the Moyen-âge for a Vassal to be able to choose its successor instead of the king. However, this privilege was limited in time, it was valid only for Henri Jasomirgott ( patruus noster ) and his wife Théodora ( and uxor eius ). Except for the direct successor of Henri II, Frederic Ier kept the right to name later successors.

This curious privilege was based on the situation of Babenbergs in 1156. Henri Jasomirgott and the Byzantine princess Théodora did not have a child. Of its first marriage, Henri II had a girl, Agnès, who was still minor at the time. At the time of an untimely death of the parents, Agnès would have found itself in an extremely delicate position within the Empire. The brothers of Henri II, Othon de Freising and the bishop Conrad de Passau could not succeed their brother, being both of the clerks. To ensure the posterity of the house of Babenberg, Henri Jasomirgott was to try to find a solution different for his Fief.

For Frederic Ier, this privilege did not raise major difficulties as for its capacity. In the case of a death of large vassal of Empire, it could not refuse the Investiture of the son. All the more, Frederic Ier had interest to ensure the posterity of Babenbergs as a counterweight Welfs. The dukes of Bavières could have claimed with the Austrian throne in the event of vacancy.

Restrictions on vassalage

The restrictions of the Privilegium Minus relate to the diets of Empire and the Military service. Henri Jasomirgott must only attend the diets taking place in Bavaria in the event of invitation. This geographical limitation meant financial relief for Henri II, who was not to move until the north of the Empire.

The military service is restricted with the territories close to the duchy of Austria. This is explained by the geographical location of the duchy, old walk of Bavaria. Frederic Ier had interest to relieve Babenberg so that this one deals with the duties of the Mark. It wished especially an Austrian participation in the Italian countryside.

Sources

Heinrich Appelt, “Heinrich der Löwe und die Wahl Friedrich Barbarossas” In: Alexander Novotny, Othmar Pickl (to dir.), Festschrift Hermann Wiesflecker , Graz, 1973, p. 39-48.
Heinrich Appelt, Privilegium washout. Das staufische Kaisertum und die Babenberger in Österreich , Vienna, 1973.
Heinrich Büttner, “Das politische Handeln Friedrich Barbarossas im Jahre 1156” In: Blätter für deutsche Landesgeschichte 106 , Wiesbaden, 1970, p. 54-67.
Wilhelm Erben, Das Privilegium Friedrich I. für das Herzogtum Österreich , Vienna, 1902.
Heinrich Fichtenau Von DER Mark zum Herzogtum. Grundlagen und Sinn of the „Privilegium washout “für Österreich , Munich, 1958.
Otto von Freising, “Die Taten Friedrichs” In: Rudolf Buchner (to dir.), Ausgewählte Quellen zur Deutschen Geschichte of Mittelalters , Darmstadt, 1965.
Erich Schrader, “Zur Gerichtsbestimmung of Privilegium washout” In: Zeitschrift der Savigny-Stiftung für Rechtsgeschichte (ZRG) , vol. LXXXII, Weimar, 1952, p. 371-385.
Michael Tangl, “Die Echtheit of the österreichischen Privilegium Washout” In: Zeitschrift der Savigny-Stiftung für Rechtsgeschichte (ZRG) , vol. 25,1904, p. 258-286.
Erich Zöllner, “Das Privilegium washout und the Seine Nachfolgebestimmungen in genealogischer Sicht” In: Mitteilungen of the Institutes für Österreichische Geschichtsforschung (MIÖG) , vol. LXXXVI, Vienna, 1978, p. 1-26.

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