The Holy Roman Empire (official name: sacrum romanum imperium, 1254; more details below) designates a political entity that covered a large portion of Europe, centered on Germany, from 962 to 1806.
Origin and Evolution
The Holy Roman Empire originates in the eastern half of Charlemagne's empire, divided after his death. In 800, Charlemagne had received from the pope the title of Emperor (Imperator Augustus), reminiscent of the title held by Roman emperors, both in the Rome of old and in the Byzantium of the time. By 911 eastern and western Franconia, as the area was known, had completely separated, the latter continuing as the kingdom of the Franks, or France; the latter continuing as the kingdom of Germany. In 962 Otto I the Great reclaimed the imperial dignity which had lost all prestige and was conferred by popes on bit players in Italian politics. This is usually taken to be the founding date of the Holy Roman Empire.
The Holy Roman Empire (HRE) never achieved the political unification that France did; a prolonged attempt at centralizing authority starting with Maximilian I (1493-1519) was wrecked by the Reformation and the ensuing wars, culminating with the Thirty Years War (1618-48) and the Treaty of Westphalia (1648). The latter formalized the relationship between the Emperor and his vassals, who thereby achieved all but complete sovereignty. As a result, the HRE was still composed at the end of the 18th century of around 360 distinct entities,differing widely in size, rank and power. Some were kings and princes, other were counts; some were clerics, other were secular rulers.
The nature of the Holy Roman Empire: limited elective monarchy
The HRE evolved over time into a limited elective monarchy, and at the same time a state composed of many states. At its head stood an elected emperor (Kaiser), who was the sole sovereign and monarch of Germany. The exercise of his power was considerably limited, however, by a body representing the member states, the Imperial Diet (Reichstag). Although the various princes and lords of the Empire were all his vassals and subjects, they possessed a number of privileges that brought them close to de facto sovereignty; in particular, the emperor could not intervene in their particular affairs as long as they ruled according to the law.
The Empire was an elective monarchy since the end of the Carolingian dynasty in the early 10th century, although the principle was not firmly set in writing until the constitution of 1338 and the Golden Bull of 1356. Later, as part of every election capitulary, the newly elected emperor swore not to make his office hereditary.
The Empire was also a limited monarchy, in the sense that any exercise of the Emperor's powers that was not purely executive required the assent of the States of the Empire. This principle was only formulated at the peace of Westphalia in 1648, where (art. 8, sect. 2) the circumstances requiring the assent (and not merely the advice) of the States were listed explicitly. This assent could be expressed either by the States assembled in the Reichstag, or through a duly constituted deputation; the latter means rarely employed after the Diet became permanent in 1663. Assent was determined by majority voting, except in specific matters where consensus was required, mainly in religious matters.
Parts 1, 2 and 3 of this page are devoted to the Constitution of the Empire: executive, legislative and judicial branches of government, respectively. Part 4 looks at the geographical and political structure of the Empire: that is, the sub-units that made it up.
Sources of law
The fundamental documents on the constitution of the Empire were the following (several of these documents, and many others from the 9th to the 14th c., are available at the Erlangen Institut für Geschichte):
the constitutions of Frankfurt 1220 ( original text and partial German translation) and 1232( original text and partial German translation) recognising the rights of spiritual and temporal princes
the constitution of 1338 (Frankfurt) freeing the election of the emperor from papal control
the Golden Bull of 1356 on the electors (English translation, partial German translation)
the edict of pacification (ewiger Landfriede)of 1495, on criminal justice (partial German version)
the ordinances (Ordnungen) of 1495 (revised 1555) and 1518 (revised 1654) on the courts of justice
the Capitulatio Caesarea (Wahlkapitulation), issued at each election from 1519, consolidated in a perpetual edict in 1711
the religious treaties (Passau 1552, Augsburg 1555) on religious toleration
the concordats with the Holy See: Worms 1122 ( original text and German translation) Vienna 1448
the peace treaties of Westphalia of 1648 (english translation)
the main resolution of the imperial delegation (Reichsdeputationshauptschluß) of 1803.
The Official Name of the Holy Roman Empire
The word imperium appears in official documents of Otto I, but it denotes the imperial power, not the territory. After Henry II's death some Italian magnates offered the crown of Italy to the son of the duke of Aquitaine, and swore to help him acquire the "imperium" of the Romans; here, the word meant the title itself.
One has to wait until Conrad II to find Romanum imperium used to designate the lands ruled by the emperor (documents of 1034 and 1038). Curiously, the expression Romana res publica is used with the same meaning contemporaneously. The use of the phrase Romanum imperium remains rare under Henry II (in 1049, 1053) and successors until Frederic I. It is however, occasionally used in non-official documents, such as letters, chronicles, even Papal encyclicals (in 1076).
At the same tine, one finds the expression Romanum regnum (Roman realm) in an official document of 1041. In 1045, the signature of the emperor is described as signum regis invictissimi Henrici tertii, Burgundionum primi, Romanorum secundi. Correspondingly, the title Rex Romanorum makes its apparition in 1040, and is officially adopted in the Intitulatio in 1041 and in the monogram in 1043.
The use of Romanum imperium becomes considerably more frequent under Frederic I Barbarossa (in 1152, 1155, 1157-9, 1162), In 1157, one finds a concurrent use of sacrum imperium et diva res publica (holy empire and holy commonwealth). The phrase sacrum imperium is found again in 1161, 1164, 1174, 1184-6. In 1159, one finds sacratissimum imperium, a phrase occasionally encountered until Otto IV.
The two expressions Romanum imperium and sacrum imperium are used concurrently in official documents for a century, but one does not find the two together until 1254: sacrum Romanum imperium. From that date, the new phrase never falls out of use although the shorter formulas continue to be used commonly.
Official documents in the German language show the phrase heiliges Reich or Römisches Reich frequently in documents of Ludwig of Bavaria, but heiliges Römisches Reich is rare; it first appears in 1340. It becomes common with Charles IV (1347).
The last transformation of the official name of the Empire took place in the late 15th c. A Reformation issued at the Reichstag of Frankfurt in 1442 speaks of dem heiligen Römischen Reich und Deutschen Landern. A similar phrase appears at the Reichstag of 1471: des heiligen Römischen Reichs und der widrigen Teutschen Nation (in Latin: sacri Romani imperii ac celeberrimae nationis Germanicae), and in the Landsfriede of Nürnberg of 1487: dem heiligen Reiche und deutscher Nation, the Landsfriede of 1486: das Römische Reich Teutscher Nation, the Worms diet of 1497: das heilige Reich Teutscher Nation, and the Köln diet of 1512: des heiligen Römischen Reichs Teutscher Nation. The phrase entered the Wahlkapitulation of 1519, by which the emperor promised to reside within dem heiligen Römischen Reiche Teutscher Nation.
From the late 16th c. to the 18th c. jurists debated the meaning of the phrase. Other early 16th c. documents suggest that it originally may have meant the German part of the Empire, with deutsche Nation in opposition to fremde Nation. Interestingly, the debate in the 17th c. was whether the phrase meant that Germany happened to be an empire, or whether the Empire happened to be located mainly in Germany. Increasingly, jurists and writers used the phrase imperium Romano-Germanicum. Significantly, the final acts of the Holy Roman Empire, namely the Reichsdeputationshauptschluß of 1803, the note of the French ambassador of August 1, 1806 and the abdication of Francis II, all use the phrase Deutsches Reich (confederation germanique) rather than the formal title.
(Source: Karl Zeumer: Heiliges römisches Reich deutscher Nation. in Quellen und Studien, Bd IV, Heft 2. Weimar, 1910.)
1. The Emperor
Qualifications
The Emperor had to be a worthy man, aged 18 or more, reside in the Empire, be of noble birth (all four grandparents had to be noble, according to the Schwabenspiegel), and of lay status (this was not explicitly stated). No law required that he be Catholic, and, although the text in a number of laws assumes that the emperor is Catholic, jurists saw no obstacle to the choice of a Protestant prince. Nor did he have to be German, as the examples of Alfonso of Castile and Charles V showed.
The office was not hereditary, but elective. However, from 1453 to 1740, a Habsburg was always Emperor. The last Habsburg Charles VI died leaving only daughters, and the Elector of Bavaria was elected as Charles VII in 1742, but he died in 1745 and Charles VI's son-in-law Francis of Lorraine was elected emperor in 1745; until the end of the Empire in 1806, the imperial crown was in the Habsburg-Lorraine family.
Beginning and End of Reign
The reign began with the swearing of the Wahlkapitulation, which itself preceded the coronation, led by the archbishop of Mainz. The imperial cities took an oath of loyalty at the time of coronation, but not the states of the empire, since each took such an oath at the time they inherited their fief.
The reign ended by death, abdication (Charles V in 1555) or deposition of the emperor. The latter could be declared by the Reichstag, although earlier texts (Schwabenspiegel and Sachsenspiegel, as well as the Golden Bull c5, §3) speak of a jurisdiction of the Count Palatine of the Rhine over the emperor, which was never formally abolished.
Successors and Replacements: the King of the Romans, the Vicars of the Empire
When a successor was elected during the lifetime of the Emperor, he bore the title of King of the Romans (Rex Romanorum, römischer König). The conditions under which such an election might take place in advance was not resolved until the Wahlkapitulation of 1711. From then on, an election could take place only when there were specific reasons to do so, and it was up to the electors to decide to hold an election. They were first to notify the emperor, but could proceed without his approval.
The election of a successor in the lifetime of the empire was practised up to Frederic II's sons Heinrich in 1220 and Konrad in 1237. It was then abandoned except for Wenceslas in 1376. The Habsburgs resumed it, with Charles V's son Ferdinand election in 1531, followed by Maximilian II in 1562, Ferdinand III in 1636, Ferdinand IV in 1653 [who died before his father], and Joseph I in 1690.
The King of the Romans bore his arms on a shield on the breast of a single-headed eagle sable (as opposed to the double-headed eagle of the Emperor). He had royal rank and came immediately after the Emperor in precedence. He succeeded the emperor immediately, without need for another coronation or Wahlkapitulation. He also ruled the empire in case the emperor was incapacitated, but stayed out of the government of the empire otherwise.
For other situations when a regency was needed, the empire was governed by two Imperial Vicars (Reichsvikarien). They were the Elector Palatine and the Elector of Saxony, and the empire was divided between them according to the regions where Frankish and Saxon law was in force, respectively. In Italy, the titular vicar was the duke of Savoy.
Household
The emperor was entitled to have a Household, a real one as well as one "for show" composed of the High Offices of the Empire (Erzämte, archiofficia) held by right by the electors (in fact, some electors may have become so because they were High Officers). While the electorate of the count Palatine was held by Bavaria, a new office of Arch-Treasurer was created. After the extinction of the Bavarian line and the merger of the Palatinate and Bavaria electorates, the office went to Hanover. New offices were planned but never chosen for the electors created in 1803.
Officers of the Empire Erzamt Holder Augmentation
High Chancelor of Germany Erzkanzler durch Germanien Mainz -
High Chancelor in Italy Erzkanzler durch Italien Cologne -
High Chancelor in Gaul and Arles (or Burgundy) Erzkanzler durch Gallien und Arelat (Burgund) Trier -
Grand Cup-bearer (Butler) Erzschenk Bohemia -
High Steward Erztruchseß Palatinate/Bavaria gules an orb or
Grand Marshal Erzmarschall Saxony per fess sable and argent, two swords per saltire gules
High Chamberlain Erzkämmerer Brandenburg Azure a scepter per pale or
High Treasurer Erzschatzmeister Palatinate/Hanover gules plain/gules the crown of
Charlemagne or
In the exercise of these functions, the lay electors were usually represented by corresponding hereditary officers (Erbbeamte). Also, some hereditary offices existed with no corresponding arch-office. The hereditary lands of Austria (Upper and Lower Austria, Styria, Carinthia, Krain, Tirol, Salzburg, Bohemia) each had their own hereditary officers of the household as well: in the following table, the names of the officer-holders for Austria and their heraldic augmentation, if known, are listed as well.
The corresponding offices in the French Royal household were distinguished by external ornaments rather than augmentations to the coat of arms.
Hereditary Officers of the Household (Erbamt) Imperial Austrian
English German French Holder Augmentation Holder Augmentation
Butler Mundschenk bouteiller-échanson Althann cup or en surtout Barth v. Barthenheim azure a covered cup or
Steward Truchseß sénéchal Waldburg gules an orb or Schönborn-Buchheim ermine an imperial orb oron a cushion gules fringed of the second
Chamberlain Kämmerer chambellan Hohenzollern gules two scepters per saltire or Lamberg
Marshal Marschall maréchal Pappenheim per fess sable and argent, two swords per saltire gules Starhemberg
Treasurer Schatzmeister trésorier Sinzendorf gules plain/gules the crown of
Charlemagne or ---
Usher Erbtürhüter capitaine de la porte Werthern sable a stick in bend sinister or, two leaves issuant in chief and one in base Chotek
Master of the Hounds Jägermeister veneur Urach or a bugle-horn gules garnished argent stringed azure Lamberg
Falconer Falkenmeister fauconnier Thürheim
Hofmeister grand maître Ungnad-Weißenwolff
Küchenmeister queux Stiebar
Panier panetier Abensperg und Traun
Stäbelmeister Fuchs
Master of the Horses Stallmeister palefrenier Leutenberg or a pitchfork and beneath a horsecomb both fesseways gules Harrach
Vorschneider écuyer-tranchant Althann
Standard-Bearer Württemberg azure the Imperial banner in bend proper
The arms of the Emperor were a double-headed eagle or on a field sable, charged with an escutcheon bearing his personal arms.
Powers
The powers of the Emperor were exercised in a broad range of areas, but restricted everywhere:
executive:
he enforced the laws and rulings of the empire, although most of this was delegated to the Reichskreise;
he appointed imperial officers;
legislative:
he could propose, approve and promulgate laws; in particular, he had the right to withhold approval;
but he could not levy taxes without approval
judiciary:
he was the ultimate judge in Germany, although he could only exercise this power through legally appointed courts, and had no right to intervene in the Reichskammergericht, but had in certain cases the final word in the Reichshofrat;
he had the right of pardon, as well as the right to confer exemptions and privileges (i.e., exceptions to the application of imperial laws);
international:
he alone represented the Empire abroad, although his ability to make war, peace and alliances was very limited;
feudal:
he was overlord of all imperial fiefs.
Jura reservata
The emperor had certain powers that flowed from his position as sovereign of the empire, from his plenitudo potestatis. Over time, this "plenitude of power" became restricted. By the 17th c., the powers of the emperor which were specifically his were called jura reservata or reserved rights; they were opposed to the powers of the Reichstag on one hand, the powers of the individual territories on the other.
The reserved rights were divided into the unrestricted (jura reservata illimita) and restricted (jura reservata limita) depending on whether the Reichstag was involved or not. They were also divided into exclusive (jura reservata exclusiva) or concurrent (jura reservata communia), depending on whether the individual territories also enjoyed those rights or not.
Examples of such imperial powers include:
jura reservata illimita + exclusiva: ennoblement and conferral of titles, foundation of universities
jura reservata limita: imposition of tolls, leasing of mints
jura reservata communia: grant legal majority, legitimize children, appoint notaries, grant arms
The emperor delegated the exercise of these rights to officials called counts palatine (Hofpfalzgrafen). Such delegated powers were called comitiva, and distinguished into the comitiva minor (power to grant majority, legitimize, appoint notaries, grant arms) and comitiva major (ennoblement and power to delegate the comitiva minor). The comitiva minor was commonly bestowed to rulers of territories or titular counts, as well as attached to certain positions (such as provosts of universities). The comitiva major was rarely bestowed, and it was hereditary in the houses of Pfalz and Schwarzburg.
Titles and Styles
See also the page on the title of emperor for the broader history of the title of "emperor".
Charles, king of the Franks, received the title of Emperor on Christmas Day 800 from Leo III in St. Peter's in Rome. According to his biographer Einhard (Vita Karoli Magni, par. 28) Charlemagne was taken by surprise and would never had entered the church that day had he known was the pope was up to. Nevertheless, he accepted the title. His official style in documents, as emperor, was: Imperator Augustus Romanum gubernans Imperium or serenissimus Augustus a Deo coronatus, magnus pacificus Imperator Romanorum gubernans Imperium. (All the Western original sources on Charlemagne's coronation are available). The title of Emperor was confirmed by Byzantium in 812.
Otto I, in 962, assumed the style of imperator augustus. In 966 he also used the style imperator augustus Romanorum ac Francorum, but reverted the same year to the previous, simpler style, which his successors kept. By the 12th century, the standard style was Dei gratia Romanorum imperator semper augustus, and it remained until the 16th c.
Throughout the Middle ages, the convention was that the (elected) king of Germany (a kingdom formed by the division of the empire in 843 and the separation of the western Franconian kingdom in 888) was also Emperor of the Romans. His title was royal (king of the Germans, or king of the Romans) from his election to his coronation in Rome by the pope; thereafter, he was emperor. After the death of Frederic II in 1250, however, formal coronation by the pope happened less frequently: Henry VII in 1312, Charles IV in 1355, Sigismund in 1433, Frederick III in 1452, Charles V in 1530. The title of "king of the Romans" became less and less reserved for the emperor-elect but uncrowned; the emperor-elect went ahead and styled himself "imperator" (see the example of Ludwig IV below). Ultimately, Maximilian I changed the style of the emperor in 1508: the emperor was so from the moment of his election, and his style was Dei gratia Romanorum imperator electus semper augustus. At the same time, the custom of having the heir-apparent elected as king of the Romans in the emperor's lifetime resumed. For this reason, the title king of the Romans (Rex Romanorum, sometimes king of the Germans or Rex Teutonicorum) came to mean heir-apparent, the successor elected while the emperor was still alive.
The German translation of the imperial style was Von Gottes Gnaden (erwählter) Römischer Kaiser, zur aller Zeit Mehrer des Reichs. The peculiar "translation" of semper augustus appears on a Lehenbrief (letter of enfeoffment) of 1301 in the form zu allen ziden ein merer des heiligen Romischen riches.
The emperor had precedence over all Christian monarchs. The emperor's wife, the Empress, also had rank, but not his children, since the office was elective.
Examples of imperial styles
Charlemagne, from his will of 806: Imperator caesar Karolus rex Francorum invictissimus et Romani rector imperii pius felix victor ac triumphator semper augustus in one version, Karolus serenissimus augustus, a Deo coronatus magnus pacificus imperator, Romanum gubernans imperium, qui et per misericordiam Dei rex Francorum atque Langobardorum in another
Otto I in 962: Dei gratia imperator augustus
Frederic I in 1140: Divina favente clementia Romanorum imperator augustus (from a diploma in the Vatican archives)
Frederic I in 1152: dei gratia Romanorum imperator et semper augustus (from the Landfriede). Note that Frederic I was not crowned until June 18, 1155.
Frederic II in 1220: divina favente clementiae Romanorum rex et semper augustus et rex Sicilie (from the constitution on ecclesiastical princes)
Frederic II in 1235: divina favente clemencia Romanorum imperator semper augustus, Jerusalem et Sicilie rex (from Peace of Mainz)
Louis of Bavaria in 1338: Ludovicus Dei gratia Romanorum imperator et semper augustus (from the law licet juris)
Karl IV of Bohemia in 1356: divina favente clementia Romanorum imperator semper augustus et Boemie rex (from the Golden Bull)
Elections and Coronations
Name elected crowned (Empire) crowned (Italy) ended
Karl I 25 Dec 800 S. Peter, Rome d. 814
Ludwig I d. 840
Lothar I 820 d. 855
Ludwig II 872 844 Rome d. 875
Karl II 875 d. 877
Karl III 881 879 dep. 887
Arnulf 28 Apr 896 Rome
Wido 21 Feb 891 884 Pavia (*) d. 894
Berangar I 888 Pavia
Lambert 892 d. 898
Arnold 27 Feb 896 d. 899
Ludwig III 12 Feb 901 900 Pavia (*) dep. 915
Berengar II 25 Dec 915 d. 924
Rudolf 922 Pavia (*)
Hugo 926 Pavia (*) abd. 945
Lothar 931 Pavia (*) d. 950
Beranger II 950 Pavia dep. 961
Adalbert 950 Pavia dep. 961
Otto I 2 Feb 962 Rome
Otto II
Otto III
Arduin 1002 Pavia
Heinrich II 1004 Pavia
Konrad II 1026 Milan (+)
Otto Milan(+)
Konrad 1093 Milan
Heinrich III
Heinrich IV
Henry V 11 Apr 1111
Lothar II 4 Jun 1133 Rome
Konrad III 26 Jun 1128 Monza
Friedrich I 1 Aug 1167 S. Peter 18 Jun 1155 S. Peter
Heinrich VI 15 Apr 1191 S. Peter, Rome 1186 Monza (?)
Otto IV
Friedrich II
Konrad IV
Manfred Aug 1258 Palermo
Rudolf I
Adolf I
Albrecht I
Heinrich VII 29 Jun 1312 Lateran, Rome 6 Jan 1311 Milan
Ludwig IV 1327 1327 Milan d. 1347
Karl IV 1346 1355 Rome 1355 Milan d. 1378
Ruprecht
Wenzel
Sigismund 1431 1431 Milan
Albrecht II
Friedrich III 1452 Rome 1452 Rome
Maximilian I
Karl V 28 Jun 1519 Frankfurt 24 Feb 1530 Bologna 22 Feb 1530 Bologna
Ferdinand I 5 Jan 1531 Köln 24 Mar 1558 Frankfurt
Maximilian II 28 Nov 1562 Frankfurt 30 Nov 1562 Frankfurt
Rudolf II 27 Oct 1575 Regensburg 1 Nov 1575
Matthias 13 Jun 1612 24-26 Jun 1612 Frankfurt
Ferdinand II 26 Aug 1619 9 Sep 1619 Frankfurt
Ferdinand III 30 Dec 1636
Ferdinand 31 May 1653 Augsburg
Leopold I 18 Jul 1658 Frankfurt 1 Aug 1658 Frankfurt
Josef I 23 Jan 1690
Karl VI 12 Oct 1711 Frankfurt
Karl VII 24 Jan 1742 12 Feb 1742 Frankfurt
Franz I 13 Sep 1745 Frankfurt 4 Oct 1745 Frankfurt
Josef II 27 Mar 1764 Frankfurt 1764 Frankfurt
Leopold II 30 Sep 1790 Frankfurt 9 Oct 1790 Frankfurt
Franz II 7 Jul 1792 Frankfurt 14 Jul 1792 Frankfurt abd. 1806
2. The Reichstag
The Reichstag was, in modern terms, the legislative body of the Empire. It should not be thought of as a representative institution in the modern sense, because many individuals and communities were not represented in it, yet its decisions were binding on all subjects of the Empire.
The composition of the Reichstag evolved over the Middle Ages. By 1495 it had been divided into three colleges or sections:
the Electoral Council (Kurfürstenrat),
the Council of Princes (Fürstenrat),
the Council of the Imperial Cities (Collegium der Reichstädte).
A. The Electors
The Electoral Council was regulated by the Golden Bull of 1356, although changes were made occasionally. The composition was set as follows:
Three spiritual or cleric electors:
bishop of Mainz
bishop of Trier
bishop of Köln
Four temporal or lay electors:
king of Bohemia
count Palatine of the Rhine
elector of Saxony
margrave of Brandenburg
The Council was presided by the archbishop of Mainz.
The vote of the king of Bohemia was not used after Wenceslas in the 14th c. until 1708.
Changes to the list of electors were made in the 17th and 18th c.
In 1623, during the Thirty Years War, the count Palatine's vote was transferred to his cousin the duke of Bavaria. At the conclusion of the war at the peace of Westphalia in 1648, an 8th electorate was created and conferred on the count Palatine by way of restitution. On extinction of the Palatinate line in 1777, the electorate disappeared as the Palatinate of the Rhine passed by inheritance to the elector of Bavaria.
In 1692 the emperor conferred on the house of Braunschweig-Lüneburg (Hannover) a 9th electorate, which was only recognized by the Diet in 1708, at the same time as use of the vote of Bohemia was activated again. (No election had taken place in the meantime).
In 1801, the Lunéville peace treaty ceded to France the left bank of the Rhine, leading to the extinction of the electorates of Trier and Köln, and the transfer of the electorate of Mainz to the see of Regensburg. The Reichsdeputationshauptschluß of 1803 created 4 electorates for Würtemberg, Baden, Hessen-Kassel and Salzburg (a newly created temporal principality held by the grand-duke of Tuscany), who never exercised their votes.
The number of electors was set at 7 in 1356, changed to 8 in 1623, 9 in 1708, 8 in 1777, 6 in 1801 and 10 in 1803.
The powers and rights of the electors were:
to elect the emperor and to establish the Wahlkapitulation with him (their right to modify the capitulary was not universally accepted);
to hold one of the High Offices;
to have royal rank and precedence, although only Bohemia was a kingdom, and be protected by statutes against lese majesty;
to propose legislation and to be consulted on all important affairs by the emperor;
to give their assent without the rest of the Reichstag in certain cases (tolls, minting privileges);
to meet on their own initiative in Kurfürstentagen;
to enjoy in their territories regal powers, and in particular judicial sovereignty (their subjects could not be tried in imperial courts, no appeals could be made to the imperial high courts except in cases of denial of justice).
B. The Princes
The second college of the Reichstag was composed of the princes, counts, lords and prelates who ranked as states of the Empire (Reichsstände). Not all were members of the college, or even directly represented. The composition of the assembly varied before it was formally organized; after 1489, however, no further increases were possible without a majority vote, and the membership list was formally set in 1582. The Council did not operate on a one-man one-vote principle. Accordingly, there were individual votes (Virilstimmen) and collective votes (Curiatstimmen).
The Council of Princes (Reichsfürstenrat) included both clerics and lay people.
Clerics, as in other European Estates such as the House of Lords in England or the Estates General, had a seat by virtue of the see or position, either bishoprics or abbeys. Those prelates who did not have individual votes were grouped into two benches, the Bench of the Rhine and the Bench of Swabia, each with a collective vote.
The secular princes included the Princes (Fürsten) properly speaking (with titles of prince, grand-duke, duke, count palatine, margrave, landgrave) and the Counts (Grafen). The princes held individual votes (although sometimes held collectively by a family) while the counts were grouped in four Benches, each bench with one collective vote.
Members sat by virtue of owning a seat and a vote at the Reichstag (Sitz und Stimme): such was the distinguishing characteristic of being a State of the Empire (Reichstand). To be a State of the Empire, it was necessary:
to own a principality, county of lordship under immediate overlordship of the Emperor (Reichsunmittelbarkeit),
to enjoy sovereignty (Landeshoheit),
to be a member of one of the 10 Circles (Reichskreise) created under Maximilian I,
to be recognized as such by the Emperor, the Council of Electors and the Council of Princes; and
to share in the financial and military burdens of the Empire (as defined, for example, by the Worms Matrikel of 1529).
Until 1582, votes at the Reichstag were owned by individuals, and were sometimes multiplied when inheritances were divided, or, more often, jointly held by several families. After 1582, votes were attached to a territory (in a few exceptional cases a vote was granted to an individual without territory), and were no longer multiplied, but could still be shared by various individuals (as result of an inheritance, typically).
By 1792, there were 100 votes in the Council of Princes, of which 55 were Catholic (although Osnabrück alternated between Catholic and Protestant since the peace of Westphalia). The peace of Lunéville eliminated 18 votes, almost all of them Catholic. Plans to redistribute votes floundered on the issue of maintaining the religious balance, and no decision had been made by the time the Empire dissolved in 1806.
The following tables detail the changes in the composition of the Council of Princes from 1582 to 1803.
Secular votes in the Council of Princes, 1582
The following table lists the secular votes in the Reichsfürstenrat in 1582, the decisive moment when allocation of votes became determined by strict rules. The families who possessed those votes in 1582 are considered Hochadel: altfürstlich for the princely families, altgräflich for the comital families. Families who were elevated between 1582 and 1803 to princely (resp. comital) rank, with membership in the Council of Princes, are termed neufürstlich (resp. neugräflich).
Böhmen Pfalz-Zweibrücken Pommern-Stettin Holstein-Glückstadt
Kur-Pfalz Pfalz-Veldenz Mecklemburg-Schwerin Holstein-Gottorp (Oldenburg)
Kur-Sachsen Sachsen-Weimar Mecklemburg-Güstrow Sachsen-Lauenburg
Kur-Brandenburg Sachsen-Eisenach Würtemberg Savoie
Österreich (Austria) Sachsen-Coburg Hesse-Cassel Leuchtenberg
Tyrol Sachsen-Altenburg Hesse-Darmstadt Anhalt
Steiern Brandenburg-Ansbach Hesse-Rheinfels Henneberg
Burgund Braunschweig-Celle Hesse-Harburg Lorraine-Nomény
Bayern Braunschweig-Kahlenberg Baden-Baden Montbéliard
Pfalz-Lautern Braunschweig-Grubenhagen Baden-Durlach Arenberg
Pfalz-Simmern Braunschweig-Wolfenbüttel Baden-Hochberg La Marck-Arenberg (Jülich)
Pfalz-Neuburg Pommern-Wolgast Baden-Sausenberg Reichsgrafenbänke (Imperial counts, grouped in four benches)
Evolution of the Council of Princes from 1582 to 1803
With the peace of Westphalia in 1648, 9 ecclesiastical territories were secularized, and the corresponding votes transferred to the Reichsfürstenrat, in the hands of the families who possessed the corresponding temporal estates:
Magdeburg, Halberstadt, Minden, Camin (to Brandenburg)
Bremen, Verden (to Hanover)
Schwerin (to Mecklemburg)
Ratzenburg (to Mecklemburg-Strelitz)
Hersfeld (to Hesse-Cassel).
From 1582 to 1803, only a small number of new princes were given Reichsstand (that is, with a vote at the Reichstag):
1641: Hohenzollern-Hechingen, Eggenberg, Lobkowicz
1654: Salm, Dietrichstein, Piccolomini, Nassau-Hadamar, Nassau-Dillenburg, Auersperg
?: Ostfriesland
1667: Fürstenberg
1674: Schwarzenberg
1713: Liechtenstein
1754: Schwarzburg, Thurn-Taxis
A number of titles of prince were created, but without ever receiving an individual vote at the Reichstag: Öttingen (14 Oct 1674), Waldeck (17 Jul 1682), Nassau-Saarbrucken (4 Aug 1688), Nassau-Usingen (4 Aug 1688), Nassau-Idstein (4 Aug 1688), Nassau-Weilburg (4 Aug 1688), Reuß-Greitz (1778), Lippe-Detmold (1789), Reuß-Schleiz (1806), Schaumburg-Lippe (1807). In practice, they voted as members of a counts' bench. (Note that several became sovereign families after 1815).
Composition of the Reichstag in 1792
In 1792, the Reichstag comprised 108 votes:
3 ecclesiastical Electors
5 lay Electors
33 ecclesiastical votes (owned by 23 bishops)
39 secular votes owned by altfürstenliche families,
9 votes of secularized territories,
13 neufürstenliche families
4 votes shared by the Reichsgrafen
2 votes for the Teutonic Order and the Order of Malta
The 66 secular princes' votes (5+39+9+13) were in fact owned by 24 families: Lorraine-Habsburg, Wittelsbach, Sachsen, Brandenburg-Preußen (Hohenzollern), Hanover-Brausnchweig, Mecklemburg, Würtemberg, Hesse, Baden, Oldenburg (Holstein), Savoie, Anhalt, Arenberg, Hohenzollern (Sigmaringen and Hechingen), Lobkowicz, Salm, Dietrichstein, Nassau-Hadamar and Nassau-Dietz, Auersperg, Fürstenberg, Schwarzenberg, Liechstenstein,. Schwarzburg, Turn-Taxis.
These families (old and new princes, old and new Imperial counts) with Reichsstand formed the Hochadel strictly speaking. The rest represented the Niederadel. The highest-ranking noblemen in their respective lands were the Hoher Landesadel.
Secular Votes in the Council of Princes, 1792
Vote Possessing Family
Electors
Böhmen Habsburg-Lothringen
Kur-Pfalz Wittelsbach
Kur-Sachsen Kur-Sachsen
Kur-Brandenburg Hohenzollern-Brandenburg
Hanover Braunschweig-Hanover
Old Princes
Österreich Habsburg-Lothringen
Burgund Habsburg-Lothringen
Bayern Wittelsbach
Pfalz-Lautern Wittelsbach
Pfalz-Simmern Wittelsbach
Pfalz-Neuburg Wittelsbach
Pfalz-Zweibrücken Wittelsbach
Pfalz-Veldenz Wittelsbach
Sachsen-Weimar Sachsen-Weimar
Sachsen-Eisenach Sachsen-Weimar
Sachsen-Coburg Sachsen-Coburg
Sachsen-Gotha Sachsen-Gotha
Sachsen-Altenburg Sachsen-Gotha
Brandenburg-Ansbach Hohenzollern-Brandenburg
Brandenburg-Bayreuth Hohenzollern-Brandenburg
Braunschweig-Celle Braunschweig-Hannover
Braunschweig-Kahlenberg Braunschweig-Hannover
Braunschweig-Grubenhagen Braunschweig-Hannover
Braunschweig-Wolfenbüttel Braunschweig-Hannover
Pommern-Wolgast Sweden
Pommern-Stettin Hohenzollern-Brandenburg
Mecklemburg-Schwerin Mecklemburg-Schwerin
Mecklenburg-Güstrow Mecklemburg-Schwerin
Würtemberg Würtemberg
Hesse-Cassel Hesse-Cassel
Hesse-Darmstadt Hesse-Darmstadt
Baden-Baden Baden (Zähringen)
Baden-Durlach Baden (Zähringen)
Baden-Hochberg Baden (Zähringen)
Holstein-Glückstadt Oldenburg (Denmark)
Holstein-Gottorp (Oldenburg) Oldenburg
Sachsen-Lauenburg Braunschweig-Hannover
Savoie Savoie
Leuchtenberg Wittelsbach
Anhalt Anhalt-Bernburg, -Köthen, -Zerbst, -Dessau
Henneberg Sachsen (all branches)
Lorraine-Nomény Habsburg-Lorraine
Montbéliard Würtemberg
Arenberg Arenberg
Secularized Territories (1648)
Magdeburg Hohenzollern-Brandenburg
Bremen Braunschweig-Hannover
Halberstadt Hohenzollern-Brandenburg
Verden Braunschweig-Hannover
Minden Hohenzollern-Brandenburg
Schwerin Mecklemburg-Schwerin
Kamin Hohenzollern-Brandenburg
Ratzeburg Mecklemburg-Strelitz
Hersfeld Hesse-Cassel
New Princes
Hohenzollern-Hechingen (1641) Hohenzollern
Lobkowicz (1641) Lobkowicz
Salm (1654) Salm-Salm, Salm-Kyrburg
Dietrichstein (1654) Dietrichstein
Nassau-Hadamar (1654) Nassau-Dietz-Orange
Nassau-Dillenburg (1654) Nassau-Dietz-Orange
Auersperg (1654) Auersperg
Ostfriesland Hohenzollern-Brandenburg
Fürstenberg (1667) Fürstenberg
Schwarzenberg (1674) Schwarzenberg
Liechtenstein (1713) Liechtenstein
Schwarzburg (1754) Schwarzburg
Thurn-Taxis (1754) Thurn-Taxis
Imperial Counts
Reichsgrafenbank Wetterau 12 members
Reichsgrafenbank Schwaben 23 members
Reichsgrafenbank Franken 15 members
Reichsgrafenbank Westfalen 32 members
Members of the Counts' Benches in 1792
Bank Wetterau
Solms-Braunfels, -Hohensolms, -Rödelheim, Solms-Laubach
Nassau-Usingen, -Weilburg, -Sarrebrück
Isenburg-Birstein, -Büdingen, Meerholz, -Wächtersbach
Stollberg-Gerdern & Ordtenberg, -Stollberg, -Wernigerode
Sayn-Wittgenstein-Berleburg, -Wittgenstein
Salm
Linange-Hartenburg, -Heidesheim
Westerburg
Schönburg
Grichingen count of Wied-Runkel
Reuß von Plauen
Ortenburg
Bank Schwaben
Heiligenberg prince of Fürstenberg
Abbess of Buchau
Alschhausen commander of the Teutonic Knights
prince of Öttingen
Montfort Habsburg-Lorraine
Helfenstein Bayern
Klettgau and Sulz Schwarzenberg
Königsegg
Waldburg
Eberstein margrave of Baden
lord of Hohengeroldseck count van der Leyen
Fugger
lord of Hohenhems Habsburg-Lorraine
lord of Eggloff count of Traun
Bonndorf prince-abbot of St Blasius
Thannhausen count of Stadion
lord of Eglingen prince of Thurn-Taxis
Khevenhüller
Kufstein
Colloredo
Harrach
Sternberg
Neipperg
Bank Franken
Hohenlohe
Castell
Erbach
Wertheim Löwenstein
Limburg
Rieneck Nostiz
lord of Reichelsberg prince of Schwarzenberg
lord of Wiesentheid count of Schönborn
Windischgrätz (personaliter)
Orsini de Rosenberg (personaliter)
Starhemberg (senior line)
Wurmbrand (personaliter)
Giech (personaliter)
Grävenitz (personaliter)
Pückler (personaliter)
Bank Westfalen
(Niederrheinisches Grafenkollegium, formed 1512)
lord of Sayn-Altenkirchen Hannover
Hoya Hannover
Spiegelberg Hannover
Diepholz Hannover
Holstein-Gottorp
Tecklenburg Brandenburg
Schleiden duke of Arenberg
lord of Kerpen duke of Arenberg
Saffenburg duke of Arenberg
Wied Wied-Runkel
Wied-Neuwied (president of the Council)
Lippe-Bückeburg, Schaumburg landgrave of Hesse-Cassel
Lippe
Bentheim
Virneburg Löwenstein
Rittberg Kaunitz
Pyrmont Waldeck
Gronsfeld Törring
Reckheim Aspremont
lord of Anholt Salm
Winnenburg Metternich
Holzapfel Anhalt-Bernburg-Schaumberg
lord of Wittem Plettenberg
lord of Gehmen Limburg-Stirum
lord of Gimborn Wallmoden
lord of Wickeradt Quadt
lord of Mylendonk Ostein
lord of Reichenstein Nesselrode
lord of Dyck Salm-Reifferscheid
Platen (personaliter)
lord of Rheineck Sinzendorf
Fagnolles Ligne
C. Imperial Cities
The Imperial Cities (Reichsstädte) contained 51 cities, grouped in the Bench of the Rhine (14 cities) and the Bench of Swabia (37 cities). Their position in the Reichstag was not always clear; in particular, their ability to cast decisive votes, which was nevertheless confirmed in 1648. They had no say on certain matters: the admission of new States of the Empire, the investiture of imperial fiefs (as long as they were not affected), imperial wars (after 1803, when they gained the neutrality they had long requested). The presiding city was the one in which the Reichstag was held, which was always Regensburg after 1663.
In 1803, 45 cities were mediatized, leaving 6 cities: Augsburg, Lübeck, Nürnberg, Frankfurt, Bremen, Hamburg. Augsburg and Nürnberg were absorbed by Bavaria in 1806. Frankfurt became a grand-duchy in 1810 but re-emerged with a minicipal government in 1813. Frankfurt was the seat of the Bund's assembly from 1816 to 1866; it was annexed by Prussia in that year. Lübeck was annexed to Schleswig-Holstein under the Nazis in 1937. At present, Bremen and Hamburg still exist as autonomous Länder in the Federal Republic of Germany, the last remnants of the Imperial cities. List of Imperial Cities
Rheinische Bank
Köln Bremen
Aachen Mühlhausen
Lübeck Nordhausen
Worms Dortmund
Speyer Friedberg
Frankfurt-am-Main Wetzlar
Goslar Hamburg
Schwäbische Bank
Regensburg Rotenburg-a-d-Tauber Dunckspul Kaufbeurn Wimpfen
Augsburg Hall-am-Kocher Memingen Wil Weisemburg
Nürnberg Rotweil Biberach Wangen Giengen
Ulm Uberlingen Ravensburg Isna Giengenbach
Eslingen Heilbron Schweinfurt Pfullendorf Zell-am-Hammerbach
Reutlignen Schwabisch Mund Kempten Offenburg Buchhorn
Nördlingen Lindau Winsheim Leutkirchen Ahlen
Bopfingen
4. Structure of the Empire
The Empire was made up of sub-units, either territories or people. They can be classified according to several related but distinct dichotomies:
allodial and feudal
states of the Empire and non-states
immediate and mediate lands or people
sovereign and subject
temporal (secular) and spiritual (ecclesiastic)
etc.
These distinctions will be explained below and their relationships explored.
A. Geographical Structure
External Boundaries
The external boundaries of the Empire varied over time. In particular, the western boundary shifted many times eastward, as French kings encroached on the Empire as they enlarged their domains. Thus Provence (1246), Dauphiné (1335), the bishoprics of Metz, Toul, Verdun (1558), Alsace (1648), Franche-Comté (1678), Lorraine (1766), the west bank of the Rhine (1801) were incorporated into France after being ceded by the Emperors. There were losses elsewhere: the Swiss cantons, practically independent of their Habsburg overlords since the Middle Ages, were formally set free at the Peace of Westphalia in 1648.
The Empire itself consisted of Imperial lands (Reichsländer) properly speaking, and neighbouring lands. The latter category included Lorraine, Burgundy, and Lombardy. Bohemia was part of the Imperial lands because its king was an elector, but its status as a kingdom was unique within the empire. When the elector of Brandenburg became king of Prussia, he was so only in his lands lying outside of the Empire.
Internal Units
The territorial components of the Empire fell into one of the following categories:
principalities (Fürstentümer, principatus in Latin), subdivided into
electorates,
duchies,
principalities,
palatine counties, margraviats, landgraviats, princely counties (gefürstete Grafschaften)
imperial counties (Reichsgrafschaften)
free lordships (freie Herrschaften, dominia)
ecclesiastical territories (praelaturae)
free imperial cities (Reichsstädte)
free imperial villages (Reichsdörfer, pagi imperii)
Independently of the above classification, territories can also be classified into feudal and allodial. A feudal territory was held from the Emperor as a fief, that is, by virtue of a certain type of contract. In exchange for enjoyment of the territory, the vassal owed certain duties, and was subject to certain restrictions and oversight of the Emperor. An allodial territory was a territory for which no feudal contract existed. It was subject to the emperor as sovereign but not to the emperor as overlord. A territory was presumed to be allodial unless shown otherwise. The term "free", also applied to certain counties, indicated that the territory was allodial. Major ecclesiastical territories were typically allodial.
Under Maximilian I the imperial states had been organized in Imperial Circles (Reichskreise). The original 6 Circles of 1500 (Swabia, Bavaria, Franconia, upper Saxony, lower Saxony, Westphalia) were increased in 1512 to 10 (Austria, Rhine, Saxony, Burgundy). The role of the circles was to serve as administrative units in the enforcement of imperial law and order. Each was headed by a prince as Kreisoberst, and regional assemblies called Kreistage were held (which could include territories that were not imperial states).
The Imperial Circles in 1789
This list shows the territories arranged by Reichskreis, with some indication of the relative size of the Kreise.
Österreichischer Kreis (Austrian Circle)
pop: 4.8m, area: 2565 sq mi
Archduchy of Austria County of Tyrol
Duchy of Styria (Steier) Bishopric of Trento
Duchy of Carinthia (Kärnter) Bishopric of Brixen (Bressanone)
Duchy of Carniola Principality of Dietrichstein (Trasp)
County of Gorizia (including Trieste)
Burgundischer Kreis (Burgundian Circle)
pop: 2.0m, area: 470 sq mi
Duchy of Brabant Duchy of Limburg
County of Hainaut Duchy of Gelderland
County of Flanders Marquisate of Antwerp
County of Namur Lordship of Malines
Duchy of Luxemburg Lordship of Tournai
Note: within Brabant was the Duchy of Aerschot (baronies of Aerschot, Bierbeek, Rotselaer and Héverlé) belonging to the duke of Arenberg.
Kurrheinischer Kreis (Circle of the Rhenish Electorates)
pop: 1.17m, area: 500 sq mi
Landgraviat of Hesse County of Sponheim
Chapter of Fulda Territories of the Princes and Counts of Salm (Salm-Salm, Salm-Kyrburg, Salm-Reifferscheidt)
County of Hanau County of Linange
Lordship of Hanau-Lichtenberg County of Kirchingen (owned by count of Wied-Runkel)
County of Isenburg Lordship of Dachstuhl (owned by count of Öttingen-Baldern)
County of Solms Lordship of Bretzenheim (owned by count of Isenburg)
County of Königstein County of Falkenstein
Chapter (Hochstift) or Bishopric of Worms County of Wartenberg
Chapter or Bishopric of Speier County of Wittgenstein
Provosty of Wissemburg County of Waldeck
Chapter of the Knights at Bruchsal Lordship of Ollbruck (owned by baron of Waldbott-Bassenheim)
Chapter of Strassburg Lordship of Münzfelden
Chapter or Bishopric of Basel Imperial City of Frankfurt
Principality of Heiersheim (owned by Knights of Saint John) Imperial City of Wetzlar
Abbey of Prüm (owned by Trier) Imperial City of Worms
Principalities of Simmern, Lautern, Veldenz (owned by Pfalz-Wittelsbach) Imperial City of Speier
Principality of Zweibrücken Imperial City of Friedberg
Territories of the Princes of Nassau
Schwäbischer Kreis (Swabian Circle)
pop: 2.0m, area: 730 sq mi
Duchy of Württemberg with Weilsheim and Justingen County of Öttingen (owned by the three lineages of Öttingen)
Marquisate of Baden County of Thengen (owned by prince of Auersperg)
Lordships of Biesensteig, Mindelheim, Schwabeck (owned by Wittelsbach of Bayern) Chapter or Bishopric of Augsburg
Territories of the Princes of Fürstenberg Abbey of Ellwangen
Territories of the Princes of Hohenzollern Abbey of Kempten
Territories of the Princes of Thurn-Taxis Abbey of Lindau
Principality of Liechtenstein Abbey of Buchau
Territories of the Counts of Waldburg Chapter or Bishopric of Constanz
County of Klettgau (owned by prince of Schwarzenberg) Territories of the Teutonic Order
Territories of Princes Fugger Imperial City of Augsburg
County of Hohenems (owned by Habsburg) Imperial City of Ulm
County of Hohengeroldseck (owned by count van der Leyen) Imperial City of Esslingen
Territories of the Count of Königsegg Imperial City of Lindau
County of Bonndorf (owned by Abbey of Sankt Blasius) Imperial City of Kempten
Lordship of Egloff (owned by counts of Traun and Abensberg) Imperial City of Ravensburg
Lordship of Thannhausen (owned by count of Stadion) Imperial City of Memmingen
Lordship of Tettnang and Argen (owned by Habsburg) 24 Imperial Cities
Bayrischer Kreis (Bavarian Circle)
pop: 1.198m, area: 1200 sq mi
Archishopric of Salzburg Abbeys of Nieder- and Hoch-Munster
Provosty of Berchtesgaden Chapter or Bishopric of Passau
Electorate of Bavaria County of Ortenburg
Chapter of Freysing with Werdenfels County of Sternstein (owned by prince Lobkowicz)
Chapter of Regensburg Free City of Regensburg
Abbey of St Emmeran
Frankischer Kreis (Franconian Circle)
pop: 1.1m, area: 485 sq mi
Bishopric of Bamberg County of Reineck (owned by count of Nostiz-Rieneck)
Bishopric of Würzburg County of Erlach
Bishopric of Eichstädt Lordship of Limpurg
Territories of the Teutonic Order at Mergentheim Lordship of Reichelsberg (owned by count Schönborn)
Principalities of Ansbach and Bayreuth (owned by Prussia) Lordship of Welsheim (owned by Württemberg)
County of Henneberg (owned by various houses of Saxony) Free City of Nürnberg
County of Schwarzenberg with Lordship of Seinsheim (owned by prince of Schwarzenberg) Free City of Rothenburg
Principality of Hohenlohe Free City of Windheim
County of Castell Free City of Schweinfurt
County of Wertheim Free City of Wissemburg
Hohersächsicher Kreis (Circle of Upper Saxony)
pop: 4.0m, area: 2000 sq mi c
Electorate of Brandenburg Principality of Sachsen-Hildburghausen
Swedish Pomerania (Pommern) County of Schwarzburg
County of Mansfeld (owned by Brandenburg and Saxony) County of Stolberg and Weiningerode
Principality of Sachsen-Weimar Territories of the Princes of Reuss
Principality of Sachsen-Gotha Principality of Anhalt
Principality of Sachsen-Coburg Chapter of Walkenried
Principality of Sachsen-Meiningen
Niedersächsicher Kreis (Circle of Lower Saxony)
pop: 2.25m, area: 1280 sq mi
Duchy of Magdeburg (owned by Prussia) Chapter of Lübeck
Principality of Halberstadt (owned by Prussia) Free City of Hamburg
Duchy of Braunschweig Free City of Bremen
Territories of the Elector of Hannover Free City of Lübeck
Bishopric of Hildesheim Free City of Goslar
Duchy of Holstein Free City of Mühlhausen
Duchy of Mecklemburg Free City of Nordhausen
Westphalischer Kreis (Westphalian Circle)
pop: 2.3m, area: 1250 sq mi
Territories of the Elector of Hannover County of Virnenburg (owned by prince of Loewenstein-Wertheim)
Territories of the Elector of Brandenburg County of Kaunitz
Duchies of Jülich and Berg (owned by Wittelsbach of Pfalz) County of Pyrmont (owned by prince of Waldeck)
Bishopric of Müster County of Gronsfeld (owned by count Törring)
Bishopric of Osnabrück County of Reckheim (owned by prince of Anhalt-Bernburg)
Bishopric of Paderborn Lordship of Anholt (owned by prince of Salm-Salm)
Bishopric of Lüttich (Liége) Lordships of Winneburg and Beilstein (owned by count of Metternich)
Abbey of Corvey County of Blankenheim and Gerolstein (owned by count of Limpurg)
Abbey of Malmédy Lordship of Witten (owned by count of Plettenberg)
Abbey of Stavelot Lordship of Gimborn (owned by count Wallmoden)
Abbey of Werden Lordship of Wickeradt (owned by count of Quadt)
Abbey of Essen Lordship of Mylendonk (owned by count of Ostein)
Abbey of Cornelimünster Lordship of Reichenstein (owned by count Nesselrode)
Abbey of Thorn Lordship of Kerpen (owned by duke of Arenberg)
Abbey of Herford County of Schleiden (owned by duke of Arenberg)
Territories of the Princes of Orangen-Nassau County of Hallermund (owned by count of Platen)
County of Wied Free City of Köln
County of Sayn Free City of Aachen
County of Schaumburg-Lippe Free City of Dortmund
County of Bentheim
Other Territories of the Empire
The Circles did not include all territories of the Empire: notably, Bohemia (pop: 2.9m, area 982 sq mi), Moravia (Mähren; pop: 1.2m, 468 sq mi), Lusace (0.45m, 180 sq mi) and a number of others totalling 0.25m and 200 sq mi.
B. Political Structure
Sovereignty
The motley and variable collection of powers and rights held by rulers of territories within the Empire were collectively known as sovereignty (Landeshoheit, Landesherrlichkeit, Landesobrigkeit, Landesfürstlichkeit, jus territoriale). This covered a number of substantially different rights:
regalian rights, held from the Emperor, such as the right to dispense justice, collect taxes and tolls, mint coins, exploit mines, etc
right of enfeoffment: the ability to have knights in one's service and call them to war
seigniorial rights and feudal rights.
These rights were possessed to varying degrees, and there were disputes over who was sovereign and who wasn't. Definitive signs of sovereignty were the right to collect taxes, the receipt of homage from the inhabitants, the existence of local estates representing knights, prelates and cities; and above all jurisdiction in first instance and appeal in civil cases. Curiously, jurisdiction over criminal cases, and even the ability to impose death sentences (Blutbann) was not in of itself a sign of sovereignty. Jurisdiction included not just the ability to rule in particular cases, but also the ability to publish general rules, in other words legislate. The legislative ability was somewhat constrained by the overall framework of imperial legislation which it could not contradict, but the latter served mainly to complement the local legislation.
Sovereignty was considered to be bestowed by the Emperor, and its possession to result from an investiture by the Emperor. This was true of imperial fiefs, which were themselves granted by investiture, but also of allodial lands. The right to receive the investiture was nevertheless attached to the land, and could not be denied by the Emperor.
Sovereignty was exercised: by hereditary lords, by elected prelates, by municipal governments. It could pass by inheritance, testament, investiture, infeoffment, or even sale or lien. Its possession or enjoyment did not require noble status. It could be owned jointly in condominium.
Immediate and Mediate Status
Knights of the Empire
The Knights of the Empire (Reichsrittern) were nobles whose direct overlord was the Emperor, remnants of the medieval Edelfrei and Ministerialen who never achieved status of upper nobility. To protect their rights, they organized themselves into Circles in the late 15th century, and fought hard to win recognition. Their immediate status was recognized at the Peace of Westphalia. They never gained access to the Reichstag, and were not considered Hochadel. The 3 Circles were:
Swabian Circle: 668 territories, pop: 0.16m, 70 sq mi
Franconian Circle: 702 territories, pop: 0.2m, 80 sq mi
Rhenish Circle: 0.09m, 40 sq mi
5. The End of the Empire (1803-06)
A. The Secularization of 1803
The French Revolution and the European war that broke out as a result in 1792 ultimately led to the destruction of the Holy Roman Empire and the redrawing of the map of Europe. As a result of French victories in 1794-95, French troops occupied the whole Left Bank of the Rhine, including the Circle of Burgundy and other territories. These losses, ratified by the treaty of Campoformio on 17 Oct 1797, were supposed to lead to compensations within the Empire for the dispossessed families. The congress at Rastadt had begun work on this compensation, on the basis of secularization of almost all ecclesiastical Reichsstände (the only survivors were the archbishop of Mainz, the knights of St. John and the Teutonic Knights). War broke out again from 1798 to 1800, but the Treaty of Lunéville in 1801 confirmed the loss of the left bank of the Rhine. An imperial delegation (Reichsdeputation) representing the Reichstaf was sent to Paris to negotiate with Bonaparte the conditions under which this secularization would take place. Their main resolution, the famous Reichdeputationshauptschluß of 25 Feb 1803, was ratified by the Reichstag on 24 March 1803 and by the Emperor on 27 April 1803, with a reservation concerning the new allocation of votes in the Reichstag. The new number of votes was 131, but with an overwhelming Protestant majority which the Emperor did not accept. The new distribution of votes never took legal effect.
The new distribution increased the number of votes from 108 to 131. The ecclesiastical votes corresponding to secularized territories were abolished or reassigned to secular princes, but a number of new votes were created as well, either in favor of existing members, or to introduce new members. Some new members had already been made princes but without votes (Nassau-Usingen, Nassau-Weilburg, Waldeck, Öttingen, Reuß-Plauen-Greitz), most previously numbered among the counts but some weren't even on the counts' bench (Lorraine-Tuscany, Croy). Although this new arrangement barely lasted at all, it had important consequences because the situation in which families stood as of 1806 determined their subsequent status within Germany after 1815 (more on this later).
The following changes were made to the States of the Empire (the name of the State followed by the name of the owning family, when different; this list is backed out of a less precise list by Arenberg, so there may be errors). To understand this list, keep in mind the distinction between States and families. Some States were eliminated (de jure, since they had ceased to exist de facto much earlier), ecclesiastical States were secularized and transferred, others were created anew. Transfers and new creations werre made to the benefit of either families that already owned States (that were already Reichsständig) or to families that were not previously Reichsständig and became so as a result. No family ceased to be Reichsständig in 1803.
States eliminated (13):
Burgund, Lorraine (Habsburg); Pfalz-Lautern, Pfalz-Simmern, Pfalz-Zweibrücken, Pfalz-Veldenz (Wittelsbach); Mompelgard (Württemberg); Lüttich; Worms; Basel; Trier; Köln; Wissemburg;
States secularized and transferred to Reichsständig families (23):
Salzburg, Trente, Brixen (Habsburg); Regensburg (Mainz); Bamberg, Würzburg, Augsburg, Freysing, Passau, Kempten (Wittelsbach); Ettenheim-Straßburg, Constanz (Baden); Ellwangen, Tübingen (Württemberg); Osnabrück (Braunschweig-Lüneburg); Lübeck (Oldenburg); Querfurt (?) (Sachsen); Fulda (Nassau-Orange); Göttingen (Braunschweig-Hannover); Hildesheim, Paderborn, Munster, Eichsfeld (Brandenburg);
secularized in favor of families previously not Reichsständig (2):
Eichstädt, Berchtesgaden (Lorraine-Tuscany);
not secularized (3):
Mainz, Knights of St. John, Teutonic Knights
new States transferred to Reichsständig families(26):
Steier, Kärnten, Brisgau, Tirol, Ortenau (Habsburg); Niederbayern, Sulzbach, Mindelheim, Berg (Wittelsbach); Meissen (Sachsen); Bruchsal-Speier (Zähringen-Baden); Ploen (Oldenburg-Holstein); Teck, Zwiefalten (Württemberg); Westfalen, Starkenburg (Hesse-Darmstadt); Hanau, Fritzlar (Hesse-Cassel); Aschaffenburg (Mainz); Blankenburg (Braunschweig-Hannover); Stargard (Mercklemburg-Strelitz); Erfurt (Brandenburg); Baar and Stuhlingen (Fürstenberg); Klettgau (Schwarzenberg); Buchau (Thurn-Taxis); Salm-Kyrburg;
new States for families previous not Reichsstäandig (18):
Hohenzollern-Sigmaringen; Nassau-Usingen; Nassau-Weilburg; Öttingen-Spielberg; Öttingen-Wallerstein; Waldeck; Löwenstein-Wertheim; Solms-Braunfels; Hohenlohe-Neuenstein; Hohenlohe-Wadenburg-Schillingfürst; Hohenlohe-Waldenburg; Hohenlohe-Bartenstein; Isenburg-Birstein; Rittberg (Kaunitz); Reuß-Plauen-Greitz; Linange; Edelstetten (Ligne); Looz-Wolbeck (Looz-Coorswarem).
The dissolution of 1806 and mediatization
The Empire, which had become a loose confederation of virtually sovereign states in 1648, was close to collapse after the major territorial changes wrought by France. Napoleon, whose ambitions found Russia, Prussia and Austria arrayed against him, tried to create a coalition of German states free from the influence of either Prussia or Austria. He succeeded in making allies of Baden and Württemberg, and keeping Prussia neutral, in the war of September-December 1805 which ended with the crushing victory of Austerlitz. The resulting peace treaty of Pressburg enlarged Napoleon's allies and made them kings; Prussia was given Hanover, Austria lost all remaining possessions in Italy. These results decided a number of German states to abandon the Empire and form a new Confederation under Napoleon's protection. This was the Confederation of the Rhine (Rheinbund), formed 12 July 1806 and initially composed of ten members, enlarged by 1808 to thirty and made up of almost all German states, the major exceptions being Austria and Prussia.
On 1 Aug 1806, the French ambassador to the Reichstag issued a note stating that "S.M. L'Empereur et Roi est donc obligé de déclarer qu'il ne reconnaît plus l'existence de la constitution germanique, en reconnaissant néanmoins la souveraineté entière et absolue de chacun des princes dont les états composent aujourd'hui l'Allemagne et en conservant avec eux les mêmes relations qu'avec les autres puissances indépendantes de l'Europe" (HM the Emperor and King is thus forced to declare that he does not recognize anymore the existence of the German state, but nevertheless recognizes the complete and absolute sovereignty of each of the princes whose states presently compose Germany, and maintaining with them the same relations as with the other independent powers of Europe). The same day, the members of the Confederation published a note declaring that, in their view, the Empire had ceased to exist. Here is an excerpt of the text :
« Die Begebenheiten der drei letzten Kriege, und die Politischen Veränderungen, welche daraus ensprungen sind, haben die traurige Wahrheit in das hellste Licht gesetzt, dass das Band, welches, bisher die verschiedenen Glieder des teutschen Staatskörpers miteinander vereinigen sollte, für diesen Zweck nicht mehr hinreiche oder vielmehr, dass es in der Tat schon aufgelöst sei...
Nur diesem Umstande muss man ohne Zweifel die im Jahre 1795 im Reiche selbst hervorgetane Trennung zuschreiben, die eine Absonderung des Interesses des nördlichen und des südlichen Deutschlands zur Folge hatte... Die Frankreich zunächst gelegenen, von allem Schutz entblössten und allen Drangsalen eines Krieges, dessen Beendigung in den verfassungsmässigen Mitteln zu suchen nicht in ihrer Gewalt stand, ausgesetzten Fürsten sahen sich gezwungen sich durch Separatfrieden von dem allgemeinen Verbande in der That zu trennen... Indem sie sich durch gegenwärtige Erklärung von ihrer bisherigen Verbindung mit dem teutschen Reichskörper lossagen, befolgen sie bloss das durch frühere Vorgänge und selbst durch Erklärungen der mächtigeren Reichstände aufgestellte System... Dass die kostbare Ruhe der Hauptzweck des rheinischen Bundes sei, davon fanden die bisherigen Reichsmitstände der Souveräns, in deren Namen die gegenwärtige Erklärung geschieht, den deutlichen Beweis darin, dass jeder unter ihnen, dessen Lage ihm eine Theilnahme daran erwünschlich machen kann, der Beitritt zu demselben offen gelassen ist »
(Jean-Engelbert d'Arenberg: Les Princes du St-Empire à l'époque napoléonienne, Louvain 1951, pp. 142-3)
The Emperor drew the logical conclusions, and himself abdicated and freed all his former subjects from the laws of the Holy Roman Empire by a declaration of 6 Aug 1806, published simultaneously by the Austrian chancery in Vienna and by the archducal-austrian envoys (erzherzoglich-österreichische Gesandte) to the Reichstag:
« ... Die Folgerungen welche mehreren, Artikeln des Pressburger Friedens gleich nach dessen Bekanntmachung und bis jetzt gegeben worden, und die allgemein bekannten Ereignisse, welche darauf im teutschen Reiche statt hatten, haben uns die Ueberzeugung gewährt, dass es unter den eingetretenen Umständen unmöglich sein werde, die durch den Wahlvertrag eingegangenen Verplichtungen ferner zu erfüllen und wenn noch der Fall übrig blieb, dass sich nach fördersamer Beseitigung eingetretener politischer Verwicklungen ein veränderter Stand ergeben dürfte, so hat gleichwohl die am 12. Juli zu Paris unterzeichnete und seitdem von den betreffenden Theilen genehmigte Uebereinkunft mehrerer vorzüglichen Stände zu ihrer gänzlichen Trennung von dem Reiche und ihrer Vereinigung zu einer besonderen Conföderation die gehegte, Erwartung vollends vernichtet...
Wir erklären demnach durch Gegenwärtiges dass wir das Band, welches uns bis jetzt an den Staatskörper des deutschen Reichs gebunden hat, als gelöst ansehen, dass wir das reichsoberhauptliche Amt und Würde durch die Vereinigung der conföderierten rheinischen Stände als erloschen und uns dadurch von allen übernommenen Pflichten gegen das Deutsche Reich losgezahlt betrachten und die von wegen desselben 'bis jetzt getragene Kaiserkrone und geführte Kaiserliche Regierung, wie hiermit geschieht, niederlegen. Wir entbinden zugleich Kurfürsten, Fürsten und Stände und alle Reichsangehörigen, insonderheit auch die Mitglieder der höchsten Reichsgerichte und übrige Reichsdienerschaft von ihren Pflichten, womit sie an uns, als das gesetzliche Oberhaupt des Reichs, durch die Konstitution gebunden waren. Unsere sämmtlichen (sie) teutschen Provinzen und Reichsländer zählen wir dagegen wechselseitig von allen Verpflichtungen, die sie bis jetzt unter was einen Titel gegen das teutsche Reich getragen haben, los, und wir werden selbige in ihrer Vereinigung mit dem ganzen österreichischen Staatskörper, als Kaiser von Oesterreich unter den wiederhergestellten und 'bestehenden friedlichen Verhältnissen mit allen Mächten und benachbarten Staaten zu jener Stufe des Glücks und Wohlstandes zu bringen beflissen sein, welche das Ziel aller unserer Wünsche, der Zweck unserer angelegensten Sorgfalt stets sein wird. »
(ibid., pp. 144-5)
See also W. A. Reitwiesner's page on mediatization.
The dissolution of the Holy Roman Empire meant that anyone who was previously a direct vassal of the Emperor without any intermediary (in other words, was unmittelbar or "immediate") became ispo facto sovereign. However, not everyone survived as sovereign into the new legal order that emerged in 1806. Obviously, those who became members of the Confederation of the Rhine became full-fledged members of the international community as sovereign entities. Within the area covered by the Confederation, many did not.
With the formation of the Confederation of the Rhine on 12 July 1806, a number of boundary changes were made. Some were exchanges between members; others were outright annexations; finally, others consisted in the transfer of sovereignty over an immediate territory to a member of the Confederation.
As a result, a number of families who had status as immediate vassals of the Emperor became subjects of someone else: they were mediatized. Most mediatizations took place in July 1806 as a consequence of the formation of the Confederation. A few other mediatizations were carried out by Napoleon between 1806 and 1813, and were not reversed by the Congress of Vienna. The exact process of mediatization was delineated by articles 25-33 of the treaty founding the Confederation. Although the mediatized families did not acquire sovereignty and lost some of their powers (legislation, final jurisdiction, control over police and military conscription, right to levy taxes), they kept their private estates and feudal rights, including lower jurisdiction in civil and criminal cases, jurisdiction over local policing, forests, hunting and fishing rights, mining rights, etc. Mediatized princes continued to be subject to a special jurisdiction in criminal matters, their estates were free from confiscation, and some of their liabilities were taken over by their new sovereigns. They were free to settle anywhere within the territory of the Confederation.
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