Privilegium Minus
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The Privilegium Minus was a
Content
The name is opposed to the 14th century Privilegium Maius, which was a forgery drawn up at the behest of the Habsburg duke Rudolf IV of Austria. The recipient of the Privilegium Minus was Frederick's paternal half-uncle, the Babenberg margrave Henry II Jasomirgott.
In addition to the elevation of his
The duke's duty to attend the Imperial Diet was limited to those cases where it convened within the Bavarian lands (ad curias, quas imperator prefixerit in Bavaria), which saved costly traveling throughout the Empire. Also, Austria was henceforth only required to provide troops to the emperor in wars in its vicinity (in regna vel provincias Austrie vicinas).[1] Henry Jasomirgott was obliged to further on discharge his traditional duties as former margrave.
Background
The issue of the Privilegium Minus document is to be seen within the context of the conflict that pitted the Imperial
The young king and Henry the Lion were cousins through Frederick's mother Judith of Bavaria, sister of Henry the Proud. Frederick prepared for a campaign to Rome to be crowned Holy Roman Emperor and in order to gain military support wished to end the conflict he had inherited from his uncle. He called for a diet at Würzburg —however, Henry Jasomirgott, who anticipated the king's intentions, did not appear under the pretext that he had not been duly summoned. After several attempts to make an arrangement, Frederick left for Italy and was crowned Emperor on 18 June 1155.
Back in Germany, Frederick resolved upon returning the Duchy of Bavaria to Henry the Lion. He finally was able to hold a secret meeting with Henry Jasomirgott on 5 June 1156 near the Bavarian capital
Frederick prevailed, settling the long-time conflict, keeping the Welfs covered and securing support by the House of Babenberg. Only much later, the document turned out to be the founding act for what was to become a nation. 1156 is therefore sometimes given as Austria's date of independence, which it gained from Bavaria.
Application
13th century succession crisis
Because the Babenberg Austria was inheritable by female lines, two rival candidates emerged after the last male Babenberg Frederick II, Duke of Austria, Styria and Carinthia died in 1246.
- Gertrude of Babenberg, the daughter of the late Henry of Mödling, 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 the 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 Baden'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 Margaret of Babenberg, dowager Queen of the Romans and the only surviving sister of Duke Frederick. By proximity of blood, 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 Germanyin 1276.
18th century succession crisis
The
References
Further reading
Blackwell, Basil, Source for the History of Medieval Europe (1966), pp. 160–164.
English translation of text of document. https://avalon.law.yale.edu/medieval/austria.asp