![Marchtal Immediate and Exempt 1748](https://upload.wikimedia.org/wikipedia/commons/b/b4/Marchtal_Immediate_and_Exempt_1748.jpg)
Imperial immediacy (german: Reichsfreiheit or ') was a privileged constitutional and political status rooted in German feudal law under which the
Imperial estate
An Imperial State or Imperial Estate ( la, Status Imperii; german: Reichsstand, plural: ') was a part of the Holy Roman Empire with representation and the right to vote in the Imperial Diet ('). Rulers of these Estates were able to exercise si ...
s of the
Holy Roman Empire
The Holy Roman Empire was a Polity, political entity in Western Europe, Western, Central Europe, Central, and Southern Europe that developed during the Early Middle Ages and continued until its Dissolution of the Holy Roman Empire, dissolution i ...
such as
Imperial cities
In the Holy Roman Empire, the collective term free and imperial cities (german: Freie und Reichsstädte), briefly worded free imperial city (', la, urbs imperialis libera), was used from the fifteenth century to denote a self-ruling city that ...
, prince-bishoprics and secular principalities, and individuals such as the
Imperial knights
The Free Imperial knights (german: link=no, Reichsritter la, Eques imperii) were free nobles of the Holy Roman Empire, whose direct overlord was the Emperor. They were the remnants of the medieval free nobility ('' edelfrei'') and the minister ...
, were declared free from the authority of any local lord and placed under the direct ("immediate", in the sense of "without an intermediary") authority of the
Holy Roman Emperor
The Holy Roman Emperor, originally and officially the Emperor of the Romans ( la, Imperator Romanorum, german: Kaiser der Römer) during the Middle Ages, and also known as the Roman-German Emperor since the early modern period ( la, Imperat ...
, and later of the institutions of the Empire such as the
Diet
Diet may refer to:
Food
* Diet (nutrition), the sum of the food consumed by an organism or group
* Dieting, the deliberate selection of food to control body weight or nutrient intake
** Diet food, foods that aid in creating a diet for weight loss ...
('), the
Imperial Chamber of Justice and the
Aulic Council
The Aulic Council ( la, Consilium Aulicum, german: Reichshofrat, literally meaning Court Council of the Empire) was one of the two supreme courts of the Holy Roman Empire, the other being the Imperial Chamber Court. It had not only concurrent juris ...
.
The granting of immediacy began in the
Early Middle Ages
The Early Middle Ages (or early medieval period), sometimes controversially referred to as the Dark Ages, is typically regarded by historians as lasting from the late 5th or early 6th century to the 10th century. They marked the start of the Mi ...
, and for the immediate bishops, abbots, and cities, then the main beneficiaries of that status, immediacy could be exacting and often meant being subjected to the fiscal, military, and hospitality demands of their overlord, the Emperor. However, with the gradual exit of the Emperor from the centre stage from the mid-13th century onwards, holders of imperial immediacy eventually found themselves vested with considerable rights and powers previously exercised by the emperor.
As confirmed by the
Peace of Westphalia
The Peace of Westphalia (german: Westfälischer Friede, ) is the collective name for two peace treaties signed in October 1648 in the Westphalian cities of Osnabrück and Münster. They ended the Thirty Years' War (1618–1648) and brought pea ...
in 1648, the possession of imperial immediacy came with a particular form of territorial authority known as
territorial superiority
In the Holy Roman Empire, ''Landeshoheit'' or ''superioritas territorialis''Latin, sometimes ''ius territoriale''. (translated as territorial superiority, territorial supremacy or territorial sovereignty) was the authority possessed by the immedi ...
(''german: Landeshoheit'' or '' la, superioritas territorialis'' in documents of the time). In today's terms, it would be understood as a limited form of sovereignty.
Gradations
![Frontispice page of treaty between France and Liège](https://upload.wikimedia.org/wikipedia/commons/b/bd/Frontispice_page_of_treaty_between_France_and_Li%C3%A8ge.jpg)
Several immediate estates held the privilege of attending meetings of the ' in person, including an individual vote ('):
* the seven
Prince-elector
The prince-electors (german: Kurfürst pl. , cz, Kurfiřt, la, Princeps Elector), or electors for short, were the members of the electoral college that elected the emperor of the Holy Roman Empire.
From the 13th century onwards, the prince ...
s designated by the
Golden Bull of 1356
The Golden Bull of 1356 (, , , , ) was a decree issued by the Imperial Diet at Nuremberg and Metz ( Diet of Metz, 1356/57) headed by the Emperor Charles IV which fixed, for a period of more than four hundred years, important aspects of the con ...
* the other
Princes of the Holy Roman Empire
Prince of the Holy Roman Empire ( la, princeps imperii, german: Reichsfürst, cf. ''Fürst'') was a title attributed to a hereditary ruler, nobleman or prelate recognised as such by the Holy Roman Emperor.
Definition
Originally, possessors o ...
** secular:
Duke
Duke is a male title either of a monarch ruling over a duchy, or of a member of royalty, or nobility. As rulers, dukes are ranked below emperors, kings, grand princes, grand dukes, and sovereign princes. As royalty or nobility, they are ran ...
s,
Margrave
Margrave was originally the medieval title for the military commander assigned to maintain the defence of one of the border provinces of the Holy Roman Empire or of a kingdom. That position became hereditary in certain feudal families in the Emp ...
s,
Landgrave
Landgrave (german: Landgraf, nl, landgraaf, sv, lantgreve, french: landgrave; la, comes magnus, ', ', ', ', ') was a noble title used in the Holy Roman Empire, and later on in its former territories. The German titles of ', ' ("margrave"), a ...
s, ''et al.''
** ecclesiastical:
Prince-Bishops,
Prince-Abbot
A prince-abbot (german: Fürstabt) is a title for a cleric who is a Prince of the Church (like a Prince-bishop), in the sense of an ''ex officio'' temporal lord of a feudal entity, usually a State of the Holy Roman Empire. The territory ruled b ...
s and
Prince-Provosts.
They formed the
Imperial Estates
An Imperial State or Imperial Estate ( la, Status Imperii; german: Reichsstand, plural: ') was a part of the Holy Roman Empire with representation and the right to vote in the Imperial Diet ('). Rulers of these Estates were able to exercise si ...
, together with 99 immediate counts, 40
Imperial prelate
Princely abbeys (german: Fürstabtei, ''Fürststift'') and Imperial abbeys (german: Reichsabtei, ''Reichskloster'', ''Reichsstift'', ''Reichsgotthaus'') were religious establishments within the Holy Roman Empire which enjoyed the status of impe ...
s (abbots and abbesses), and 50 Imperial Cities, each of whose "banks" only enjoyed a single collective vote (').
Further immediate estates not represented in the ' were the
Imperial Knight
The Free Imperial knights (german: link=no, Reichsritter la, Eques imperii) were free nobles of the Holy Roman Empire, whose direct overlord was the Emperor. They were the remnants of the medieval free nobility (''edelfrei'') and the ministeri ...
s as well as several abbeys and
minor localities, the remains of those territories which in the
High Middle Ages
The High Middle Ages, or High Medieval Period, was the periodization, period of European history that lasted from AD 1000 to 1300. The High Middle Ages were preceded by the Early Middle Ages and were followed by the Late Middle Ages, which ended ...
had been under the direct authority of the
Emperor
An emperor (from la, imperator, via fro, empereor) is a monarch, and usually the sovereignty, sovereign ruler of an empire or another type of imperial realm. Empress, the female equivalent, may indicate an emperor's wife (empress consort), ...
and since then had mostly been given in pledge to the princes.
At the same time, there were classes of "princes" with titular immediacy to the Emperor which they exercised rarely, if at all. For example, the Bishops of
Chiemsee
Chiemsee () is a freshwater lake in Bavaria, Germany, near Rosenheim. It is often called "the Bavarian Sea". The rivers Tiroler Achen and Prien flow into the lake from the south, and the river Alz flows out towards the north. The Alz flows in ...
,
Gurk, and
Seckau
Seckau ( sl, Sekava ) is a Marktgemeinde in the state of Styria, Austria. It is situated near Knittelfeld. It is known for the Benedictine Order, Benedictine Seckau Abbey, once the seat of the Diocese, bishopric Graz-Seckau.
See also
*Diocese of ...
(Sacken) were practically subordinate to the prince-bishop of Salzburg, but were formally princes of the Empire.
Advantages and disadvantages
Additional advantages might include the rights to collect
taxes
A tax is a compulsory financial charge or some other type of levy imposed on a taxpayer (an individual or legal entity) by a governmental organization in order to fund government spending and various public expenditures (regional, local, or ...
and
tolls, to hold a
market
Market is a term used to describe concepts such as:
*Market (economics), system in which parties engage in transactions according to supply and demand
*Market economy
*Marketplace, a physical marketplace or public market
Geography
*Märket, an ...
, to
mint coins
A mint is an industrial facility which manufactures coins that can be used as currency.
The history of mints correlates closely with the history of coins. In the beginning, hammered coinage or cast coinage were the chief means of coin minting ...
, to
bear arms
The right to keep and bear arms (often referred to as the right to bear arms) is a right for people to possess weapons (arms) for the preservation of life, liberty, and property. The purpose of gun rights is for self-defense, including securi ...
, and to conduct
legal proceedings
Legal proceeding is an activity that seeks to invoke the power of a tribunal in order to enforce a law. Although the term may be defined more broadly or more narrowly as circumstances require, it has been noted that " e term ''legal proceedings'' i ...
. The last of these might include the so-called ' ("blood justice") through which capital punishment could be administered. These rights varied according to the legal patents granted by the emperor.
As pointed out by
Jonathan Israel
Jonathan Irvine Israel (born 26 January 1946) is a British writer and academic specialising in Dutch history, the Age of Enlightenment and European Jews. Israel was appointed as Andrew W. Mellon Professor in the School of Historical Studies a ...
, the Dutch province of
Overijssel
Overijssel (, ; nds, Oaveriessel ; german: Oberyssel) is a Provinces of the Netherlands, province of the Netherlands located in the eastern part of the country. The province's name translates to "across the IJssel", from the perspective of the ...
in 1528 tried to arrange its submission to
Emperor Charles V
Charles V, french: Charles Quint, it, Carlo V, nl, Karel V, ca, Carles V, la, Carolus V (24 February 1500 – 21 September 1558) was Holy Roman Emperor and Archduke of Austria from 1519 to 1556, King of Spain ( Castile and Aragon) ...
in his capacity as Holy Roman Emperor rather than as his being the
Duke of Burgundy
Duke of Burgundy (french: duc de Bourgogne) was a title used by the rulers of the Duchy of Burgundy, from its establishment in 843 to its annexation by France in 1477, and later by Holy Roman Emperors and Kings of Spain from the House of Habsburg ...
. If successful, that would have evoked Imperial immediacy and would have put Overijssel in a stronger negotiating position, for example given the province the ability to appeal to the
Imperial Diet in any debate with Charles. For that reason, the Emperor strongly rejected and blocked Overijssel's attempt.
Disadvantages might include direct intervention by imperial commissions, as happened in several of the southwestern cities after the
Schmalkaldic War
The Schmalkaldic War (german: link=no, Schmalkaldischer Krieg) was the short period of violence from 1546 until 1547 between the forces of Emperor Charles V of the Holy Roman Empire (simultaneously King Charles I of Spain), commanded by the Duk ...
, and the potential restriction or outright loss of previously held legal patents. Immediate rights might be lost if the Emperor and/or the Imperial Diet could not defend them against external aggression, as occurred in the
French Revolutionary wars
The French Revolutionary Wars (french: Guerres de la Révolution française) were a series of sweeping military conflicts lasting from 1792 until 1802 and resulting from the French Revolution. They pitted French First Republic, France against Ki ...
and the
Napoleonic Wars
The Napoleonic Wars (1803–1815) were a series of major global conflicts pitting the French Empire and its allies, led by Napoleon I, against a fluctuating array of European states formed into various coalitions. It produced a period of Fren ...
. The
Treaty of Lunéville
The Treaty of Lunéville (or Peace of Lunéville) was signed in the Treaty House of Lunéville on 9 February 1801. The signatory parties were the French Republic and Emperor Francis II, who signed on his own behalf as ruler of the hereditary doma ...
in 1801 required the emperor to renounce all claims to the portions of the Holy Roman Empire west of the
Rhine
), Surselva, Graubünden, Switzerland
, source1_coordinates=
, source1_elevation =
, source2 = Rein Posteriur/Hinterrhein
, source2_location = Paradies Glacier, Graubünden, Switzerland
, source2_coordinates=
, so ...
. At the last meeting of the Imperial Diet ( de , Reichsdeputationshauptschluss) in 1802–03, also called the
German Mediatisation
German mediatisation (; german: deutsche Mediatisierung) was the major territorial restructuring that took place between 1802 and 1814 in Germany and the surrounding region by means of the mass mediatisation and secularisation of a large number ...
, most of the free imperial cities and the ecclesiastic states lost their imperial immediacy and were absorbed by several dynastic states.
Problems in understanding the Empire
![HRR 1789 EN](https://upload.wikimedia.org/wikipedia/commons/c/cc/Map_of_the_Holy_Roman_Empire%2C_1789_en.png)
The practical application of the rights of immediacy was complex; this makes the history of the Holy Roman Empire particularly difficult to understand, especially for modern historians. Even such contemporaries as
Goethe
Johann Wolfgang von Goethe (28 August 1749 – 22 March 1832) was a German poet, playwright, novelist, scientist, statesman, theatre director, and critic. His works include plays, poetry, literature, and aesthetic criticism, as well as treat ...
and
Fichte
Johann Gottlieb Fichte (; ; 19 May 1762 – 29 January 1814) was a German philosopher who became a founding figure of the philosophical movement known as German idealism, which developed from the theoretical and ethical writings of Immanuel Ka ...
called the Empire a monstrosity.
Voltaire
François-Marie Arouet (; 21 November 169430 May 1778) was a French Age of Enlightenment, Enlightenment writer, historian, and philosopher. Known by his ''Pen name, nom de plume'' M. de Voltaire (; also ; ), he was famous for his wit, and his ...
wrote of the Empire as something neither Holy nor Roman, nor an Empire, and in comparison to the
British Empire
The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts esta ...
, saw its German counterpart as an abysmal failure that reached its pinnacle of success in the early Middle Ages and declined thereafter. Prussian historian
Heinrich von Treitschke
Heinrich Gotthard Freiherr von Treitschke (; 15 September 1834 – 28 April 1896) was a German historian, political writer and National Liberal member of the Reichstag during the time of the German Empire. He was an extreme nationalist, who favo ...
described it in the 19th century as having become "a chaotic mess of rotted imperial forms and unfinished territories". For nearly a century after the publication of
James Bryce's monumental work ''The Holy Roman Empire'' (1864), this view prevailed among most
English-speaking
Speakers of English are also known as Anglophones, and the countries where English is natively spoken by the majority of the population are termed the '' Anglosphere''. Over two billion people speak English , making English the largest langua ...
historians of the
Early Modern period, and contributed to the development of the theory of the German past.
A argued that "though not powerful politically or militarily,
he Empirewas extraordinarily diverse and free by the standards of Europe at the time". Pointing out that people like Goethe meant "monster" as a compliment (i.e. 'an astonishing thing'), ''
The Economist
''The Economist'' is a British weekly newspaper printed in demitab format and published digitally. It focuses on current affairs, international business, politics, technology, and culture. Based in London, the newspaper is owned by The Econo ...
'' has called the Empire "a great place to live ... a union with which its subjects identified, whose loss distressed them greatly" and praised its cultural and religious diversity, saying that it "allowed a degree of liberty and diversity that was unimaginable in the neighbouring kingdoms" and that "ordinary folk, including women, had far more rights to property than in France or Spain".
Furthermore, the prestige of the Emperor among the German people outweighed his lack of legal and military authority. One need find no better proof of this than the fact that the constitution of Germany remained little changed for centuries, with hundreds of tiny enclaves co-existing peacefully with much larger and often greedy and militaristic neighbors. Only external factors in form of the French military aggression during the Thirty Years' War and the Revolutionary period served to alter Germany's constitution. Napoleon's overthrow of the Empire in favor of his puppet
Confederation of the Rhine
The Confederated States of the Rhine, simply known as the Confederation of the Rhine, also known as Napoleonic Germany, was a confederation of German client states established at the behest of Napoleon some months after he defeated Austria an ...
was a deep moral blow to many Germans. The cringing attitude of the princes and their avaricious behavior during the mediatizations embarrassed the people and, however much they despised the Empire's weakness, it was still a great and old symbol of Germany. Such symbolism was revived in 1848, when the so-called
Provisional Central Power of Germany chose 6 August 1848, the 42nd anniversary of the end of the Empire, as the day the soldiers of Germany should swear oaths of loyalty to the new situation (see
Military Parade of August 6th), as well as the
German Empire
The German Empire (),Herbert Tuttle wrote in September 1881 that the term "Reich" does not literally connote an empire as has been commonly assumed by English-speaking people. The term literally denotes an empire – particularly a hereditary ...
of 1871.
See also
*
Free Imperial City
In the Holy Roman Empire, the collective term free and imperial cities (german: Freie und Reichsstädte), briefly worded free imperial city (', la, urbs imperialis libera), was used from the fifteenth century to denote a self-ruling city that ...
*
German mediatization
German mediatisation (; german: deutsche Mediatisierung) was the major territorial restructuring that took place between 1802 and 1814 in Germany and the surrounding region by means of the mass mediatisation and secularisation
In sociology, s ...
*
Imperial Abbey
Princely abbeys (german: Fürstabtei, ''Fürststift'') and Imperial abbeys (german: Reichsabtei, ''Reichskloster'', ''Reichsstift'', ''Reichsgotthaus'') were religious establishments within the Holy Roman Empire which enjoyed the status of impe ...
*
Imperial Diet (Holy Roman Empire)
The Imperial Diet ( la, Dieta Imperii Comitium Imperiale; german: Reichstag) was the deliberative body of the Holy Roman Empire. It was not a legislative body in the contemporary sense; its members envisioned it more like a central forum where i ...
*
Imperial Estate
An Imperial State or Imperial Estate ( la, Status Imperii; german: Reichsstand, plural: ') was a part of the Holy Roman Empire with representation and the right to vote in the Imperial Diet ('). Rulers of these Estates were able to exercise si ...
*
Imperial Village
The Imperial Villages (''Reichsdörfer'', singular ''Reichsdorf'') were the smallest component entities of the Holy Roman Empire. They possessed imperial immediacy, having no lord but the Emperor, but were not estates. They were unencircled and d ...
*
List of states of the Holy Roman Empire
This list of states in the Holy Roman Empire includes any territory ruled by an authority that had been granted imperial immediacy, as well as many other feudal entities such as lordships, sous-fiefs and allodial fiefs.
The Holy Roman Empire wa ...
*
Tenant-in-chief
In medieval and early modern Europe, the term ''tenant-in-chief'' (or ''vassal-in-chief'') denoted a person who held his lands under various forms of feudal land tenure directly from the king or territorial prince to whom he did homage, as op ...
*
Autonomous administrative division
An autonomous administrative division (also referred to as an autonomous area, entity, unit, region, subdivision, or territory) is a subnational administrative division or internal territory of a sovereign state that has a degree of autonomy†...
References
Citations
Sources
*
* Bryce, James (1865). ''Holy Roman Empire''. London.
* Sheehan, James (1989). ''German History 1770–1866''. Oxford: Oxford University Press.
{{DEFAULTSORT:Imperial Immediacy
Legal history of the Holy Roman Empire