Imperial Diet Dieta Imperii (Latin) Reichstag (German) | |
---|---|
Deliberative body of the Holy Roman Empire | |
History | |
Founded | 803 |
Disbanded | 1806 |
Succeeded by | Diet of the Confederation (Confederation of the Rhine) |
The Imperial Diet (Latin : Dieta Imperii or 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 it was more important to negotiate than to decide. [1]
Its members were the Imperial Estates, divided into three colleges. The diet as a permanent, regularized institution evolved from the Hoftage (court assemblies) of the Middle Ages. From 1663 until the end of the empire in 1806, it was in permanent session at Regensburg.
All Imperial Estates enjoyed immediacy and, therefore, they had no authority above them besides the Holy Roman Emperor himself. While all the estates were entitled to a seat and vote, only the higher temporal and spiritual princes of the College of Princes enjoyed an individual vote (Virilstimme), while lesser estates such as imperial counts and imperial abbots, were merely entitled to a collective vote (Kuriatstimme) within their particular bench (Curia), as did the free imperial cities belonging to the College of Towns. [2]
The right to vote rested essentially on a territorial entitlement, with the result that when a given prince acquired new territories through inheritance or otherwise, he also acquired their voting rights in the diet. [3] In general, members did not attend the permanent diet at Regensburg, but sent representatives instead. The late imperial diet was in effect a permanent meeting of ambassadors between the estates.
The role and function of the Imperial Diet evolved over the centuries, like the Empire itself, with the estates and separate territories increasing control of their own affairs at the expense of imperial power. Initially, there was neither a fixed time nor location for the Diet. It began as a convention of the dukes of the old Germanic tribes that formed the Frankish kingdom when important decisions had to be made, probably based on the old Germanic law whereby each leader relied on the support of his leading men. In the early and high Middle Ages these assemblies were not yet institutionalized, but were held as needed at the decision of the king or emperor. They weren't called Diet yet, but Hoftag (court day). They were usually held in the imperial palaces (Kaiserpfalz).
For example, already under Emperor Charlemagne during the Saxon Wars, a Hoftag, according to the Royal Frankish Annals, met at Paderborn in 777 and determined laws over the subdued Saxons and other tribes. In 803, the Frankish emperor issued the final version of the Lex Saxonum.
At the Diet of 919 in Fritzlar the dukes elected the first King of the Germans, who was a Saxon, Henry the Fowler, thus overcoming the longstanding rivalry between Franks and Saxons and laying the foundation for the German realm. After the conquest of Italy, the 1158 Diet of Roncaglia finalized four laws that would significantly alter the (never formally written) constitution of the Empire, marking the beginning of the steady decline of the central power in favour of the local dukes. The Golden Bull of 1356 cemented the concept of "territorial rule" (Landesherrschaft), the largely independent rule of the dukes over their respective territories, and also limited the number of electors to seven. The Pope, contrary to modern myth, was never involved in the electoral process but only in the process of ratification and coronation of whomever the Prince-Electors chose.
Until the late 15th century the Diet was not formalized as an institution. Instead, the dukes and other princes would irregularly convene at the court of the Emperor. These assemblies were usually referred to as Hoftage (from German Hof "court"). Only beginning in 1489 was the Diet called the Reichstag, and it was formally divided into collegia ("colleges").
Initially, the two colleges were of the prince-electors and of the remaining dukes and princes. Later, the imperial cities with Imperial immediacy became oligarchic republics independent of a local ruler, subject only to the Emperor himself, and managed to be accepted as third parties.
Several attempts to reform the Empire and end its slow disintegration, starting with the Diet of 1495, did not have much effect. In contrast, this process was hastened with the Peace of Westphalia of 1648, which formally bound the Emperor to accept all decisions made by the Diet, in effect depriving him of his few remaining powers. From then until its end in 1806, the Empire was not much more than a collection of largely independent states.
Probably the most famous Diets were those held in Worms in 1495, where the Imperial Reform was enacted, and 1521, where Martin Luther was banned (see Edict of Worms), the Diets of Speyer 1526 and 1529 (see Protestation at Speyer), and several in Nuremberg (Diet of Nuremberg). Only with the introduction of the Perpetual Diet of Regensburg in 1663 did the Diet permanently convene at a fixed location.
The Imperial Diet of Constance opened on 27 April 1507; [4] it recognized the unity of the Holy Roman Empire and founded the Imperial Chamber, the empire's supreme court.
From 1489, the Diet comprised three colleges:
The Electoral College (Kurfürstenrat), led by the Prince-Archbishop of Mainz in his capacity as Archchancellor of Germany. The seven Prince-electors were designated by the Golden Bull of 1356:
The number increased to eight, when in 1623 the Duke of Bavaria took over the electoral dignity of the Count Palatine, who himself received a separate vote in the electoral college according to the 1648 Peace of Westphalia (Causa Palatina), including the high office of an Archtreasurer. In 1692 the Elector of Hanover (formally Brunswick-Lüneburg) became the ninth Prince-elector as Archbannerbearer during the Nine Years' War.
In the War of the Bavarian Succession, the electoral dignities of the Palatinate and Bavaria were merged, approved by the 1779 Treaty of Teschen. The German Mediatisation of 1803 entailed the dissolution of the Cologne and Trier Prince-archbishoprics, the Prince-Archbishop of Mainz and German Archchancellor received—as compensation for his lost territory occupied by Revolutionary France—the newly established Principality of Regensburg. In turn, four secular princes were elevated to prince-electors:
These changes however had little effect, as with the abdication of Francis II as Holy Roman Emperor the Empire was dissolved only three years later.
The college of Imperial Princes (Reichsfürstenrat or Fürstenbank) incorporated the Imperial Counts as well as immediate lords, Prince-Bishops and Imperial abbots. Strong in members, though often discordant, the second college tried to preserve its interests against the dominance of the Prince-electors.
The House of Princes was again subdivided into an ecclesiastical and a secular bench. Remarkably, the ecclesiastical bench was headed by the—secular—Archduke of Austria and the Burgundian duke of the Habsburg Netherlands (held by Habsburg Spain from 1556). As the Austrian House of Habsburg had failed to assume the leadership of the secular bench, they received the guidance over the ecclesiastical princes. The first ecclesiastical prince was the Archbishop of Salzburg as Primas Germaniae ; the Prince-Archbishop of Besançon, though officially a member until the 1678 Treaty of Nijmegen, did not attend the Diet's meetings.
The ecclesiastical bench also comprised the Grand Master and Deutschmeister of the Teutonic Knights, as well as the Grand Prior of the Monastic State of the Knights Hospitaller at Heitersheim. The Prince-Bishopric of Lübeck remained an ecclesiastical member even after it had turned Protestant, ruled by diocesan administrators from the House of Holstein-Gottorp from 1586. The Prince-Bishopric of Osnabrück, according to the 1648 Peace of Westphalia was under alternating rule of a Catholic bishop and a Lutheran bishop from the House of Hanover.
Each member of the Princes' College held either a single vote (Virilstimme) or a collective vote (Kuriatstimme). Due to the Princes, their single vote from 1582 strictly depended on their immediate fiefs; this principle led to an accumulation of votes, when one ruler held several territories in personal union. Counts and Lords only were entitled to collective votes, they therefore formed separate colleges like the Wetterau Association of Imperial Counts and mergers within the Swabian, the Franconian and the Lower Rhenish–Westphalian Circles. Likewise, on the ecclesiastical bench, the Imperial abbots joined a Swabian or Rhenish college.
In the German Mediatisation of 1803, numerous ecclesiastical territories were annexed by secular estates. However, a reform of the Princes' college was not carried out until the Empire's dissolution in 1806.
The college of Imperial Cities (Reichsstädtekollegium) evolved from 1489 onwards. It contributed greatly to the development of the Imperial Diets as a political institution. Nevertheless, the collective vote of the cities was of inferior importance until a 1582 Recess of the Augsburg Diet. The college was led by the city council of the actual venue until the Perpetual Diet in 1663, when the chair passed to Regensburg.
The Imperial cities also divided into a Swabian and Rhenish bench. The Swabian cities were led by Nuremberg, Augsburg and Regensburg, the Rhenish cities by Cologne, Aachen and Frankfurt.
For a complete list of members of the Imperial Diet from 1792, near the end of the Empire, see List of Reichstag participants (1792).
After the Peace of Westphalia, religious matters could no longer be decided by a majority vote of the colleges. Instead, the Reichstag would separate into Catholic and Protestant bodies, which would discuss the matter separately and then negotiate an agreement with each other, a procedure called the itio in partes . [5] The Catholic body, or corpus catholicorum , was headed by the Archbishop-Elector of Mainz. [6]
The Protestant body, or corpus evangelicorum , was headed by the Elector of Saxony. At meetings of the Protestant body, Saxony would introduce each topic of discussion, after which Brandenburg-Prussia and Hanover would speak, followed by the remaining states in order of size. When all the states had spoken, Saxony would weigh the votes and announce a consensus.
Frederick Augustus II, Elector of Saxony converted to Catholicism in 1697 in order to become King of Poland, but the Electorate itself remained officially Protestant and retained the directorship of the Protestant body. When the Elector's son also converted to Catholicism, Prussia and Hanover attempted to take over the directorship in 1717–1720, but without success. The Electors of Saxony would head the Protestant body until the end of the Holy Roman Empire. [6]
After the formation of the new German Empire in 1871, the Historical Commission of the Bavarian Academy of Sciences started to collect imperial records (Reichsakten) and imperial diet records (Reichstagsakten). In 1893 the commission published the first volume. At present the years 1524–1527 and years up to 1544 are being collected and researched. A volume dealing with the 1532 Diet of Regensburg, including the peace negotiations with the Protestants in Schweinfurt and Nuremberg, by Rosemarie Aulinger of Vienna was published in 1992.
The Holy Roman Empire, also known as the Holy Roman Empire of the German Nation after 1512, was a polity in Central and Western Europe, usually headed by the Holy Roman Emperor. It developed in the Early Middle Ages and lasted for almost a thousand years until its dissolution in 1806 during the Napoleonic Wars.
The prince-electors, pl. Kurfürsten, Czech: Kurfiřt, Latin: Princeps Elector) were the members of the electoral college that elected the ruler of the Holy Roman Empire.
In the Holy Roman Empire, the collective term free and imperial cities, briefly worded free imperial city, was used from the fifteenth century to denote a self-ruling city that had a certain amount of autonomy and was represented in the Imperial Diet.
Fürst is a German word for a ruler as well as a princely title. Fürsten were, starting in the Middle Ages, members of the highest nobility who ruled over states of the Holy Roman Empire and later its former territories, below the ruling Kaiser (emperor) or König (king).
The Electorate of Mainz, previously known in English as Mentz and by its French name Mayence, was one of the most prestigious and influential states of the Holy Roman Empire. In the hierarchy of the Catholic Church, the Archbishop-Elector of Mainz was also the Primate of Germany, a purely honorary dignity that was unsuccessfully claimed from time to time by other archbishops. There were only two other ecclesiastical Prince-electors in the Empire: the Electorate of Cologne and the Electorate of Trier.
An Imperial Estate 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 significant rights and privileges and were "immediate", meaning that the only authority above them was the Holy Roman Emperor. They were thus able to rule their territories with a considerable degree of autonomy.
Imperial immediacy was a privileged constitutional and political status rooted in German feudal law under which the Imperial estates of the Holy Roman Empire such as Imperial cities, prince-bishoprics, and secular principalities, and such individuals as the Imperial knights, were declared free from the authority of any local lord, having no suzerain but the Holy Roman Emperor directly, without any intermediary authority: immediate = im- + mediate ; immediacy also applied to later institutions of the Empire such as the Diet, the Imperial Chamber of Justice and the Aulic Council.
German mediatisation was the major redistribution and reshaping of territorial holdings that took place between 1802 and 1814 in Germany by means of the subsumption and secularisation of a large number of Imperial Estates, prefiguring, precipitating, and continuing after the dissolution of the Holy Roman Empire. Most ecclesiastical principalities, free imperial cities, secular principalities, and other minor self-ruling entities of the Holy Roman Empire lost their independent status and were absorbed by the remaining states. By the end of the mediatisation process, the number of German states had been reduced from almost 300 to just 39.
Bertold von Henneberg-Römhild (1442–1504) was Archbishop of Mainz and Prince-elector of the Holy Roman Empire from 1484, imperial chancellor from 1486, and leader of the reform faction within the Empire.
The Reichsdeputationshauptschluss, sometimes referred to in English as the Final Recess or the Imperial Recess of 1803, was a resolution passed by the Reichstag of the Holy Roman Empire on 24 March 1803. It was ratified by the Emperor Francis II and became law on 27 April. It proved to be the last significant law enacted by the Empire before its dissolution in 1806.
Primas Germaniae is a historical title of honor for the most important Catholic bishop in the German lands. Throughout the history of the Holy Roman Empire, it was claimed by the Archbishops of Mainz, Trier, Magdeburg and Salzburg alike. Actual prerogatives, however, were exercised by bishops holding the rank of an Apostolic legatus natus. While Mainz, Trier and Magdeburg lost the primatial dignity upon the 1648 Peace of Westphalia and the Napoleonic Secularisation in 1802, the Salzburg archbishops bear the title up to today.
Prince of the Holy Roman Empire was a title attributed to a hereditary ruler, nobleman or prelate recognised by the Holy Roman Emperor.
The Elector of Mainz was one of the seven Prince-electors of the Holy Roman Empire. As both the Archbishop of Mainz and the ruling prince of the Electorate of Mainz, the Elector of Mainz held a powerful position during the Middle Ages. The Archbishop-Elector was president of the electoral college, archchancellor of the empire, and the Primate of Germany as the papal legate north of the Alps, until the dissolution of the empire in 1806.
Prince-provost is a rare title for a monastic superior with the ecclesiastical style of provost who is also a Prince of the Holy Roman Empire (Reichsfürst), holding a direct vote in the Imperial Diet assembly coequal to an actual Prince-abbot, as in each case treated below.
Johann Schweikhard von Kronberg was the Archbishop-Elector of Mainz from 1604 to 1626.
Imperial Count was a title in the Holy Roman Empire. During the medieval era, it was used exclusively to designate the holder of an imperial county, that is, a fief held directly (immediately) from the emperor, rather than from a prince who was a vassal of the emperor or of another sovereign, such as a duke or prince-elector. These imperial counts sat on one of the four "benches" of Counts, whereat each exercised a fractional vote in the Imperial Diet until 1806. Imperial counts rank above counts elevated by lesser sovereigns.
The Imperial Diet was the primary legislative body in the Holy Roman Empire after 1648. Various princes, bishops, abbots and free cities convened in Regensburg to vote upon and enact laws across the Empire. The allocation of votes were carefully considered with a goal of maintaining balance between Protestant and Catholic princes. Votes were cast by princes in relation to the number of estates with voting rights and the members were arranged into 3 colleges; and 2 prelate benches, 4 count benches, and 2 free city benches.
The itio in partes was a procedure of the Imperial Diet of the Holy Roman Empire between 1648 and 1806. In this procedure, the members of the diet divided into two bodies (corpora), the Corpus Evangelicorum and the Corpus Catholicorum, irrespective of the colleges to which they otherwise belonged. That is, the Protestant (Evangelical) members of the College of Electors, the College of Princes and the College of Cities gathered together separately from the Catholic members of the same. The two bodies then negotiated with each other, but debated and voted among themselves. A decision was reached only when both bodies agreed. The itio in partes could be invoked whenever there was a unanimous vote of one body. At first, it could only be invoked in matters affecting religion, but gradually this requirement was dropped.
In religious and all other affairs in which the estates cannot be considered as one body, and when the Catholic estates and those of the Augsburg Confession are divided into two parties, the dispute is to be decided by amicable agreement alone, and neither side is to be bound by a majority vote.