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Front Page arrow Titles (by Subject) arrow 110.: The Formation of the Duchy of Austria, 1156. - A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age

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Collection: Primary Sources
Subject Area: History

110.: The Formation of the Duchy of Austria, 1156. - Oliver J. Thatcher, A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age [1905]

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A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age, ed. Oliver J. Thatcher and Edgar Holmes McNeal (New York: Charles Scribner’s Sons, 1905).

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110.

The Formation of the Duchy of Austria, 1156.

The nobles of Germany early showed the desire to free themselves from the control of the emperor and to acquire independence at the expense of the crown. The document by which Frederick I created the duchy of Austria out of the Bavarian east mark and gave it to his uncle, Henry, contains some concessions which tended to weaken the crown. Instead of binding the new duke closely to the crown and compelling him to render services commensurate with his high position, the emperor excused him from attending diets which were not held near his lands, and from military service except in the lands which adjoined his. He also gave the duke the complete administration of justice in his territory. Other princes were not slow to demand similar privileges, and the crown was gradually stripped of its powers and prerogatives. See nos. 136, 139, 153, 160. The duchy of Austria, created by this grant, came into the possession of the Hapsburg family, and formed the centre of the Hapsburg lands, the present Austro-Hungarian empire. See no. 150.

In the name of the holy and undivided Trinity. Frederick, by divine mercy emperor of the Romans, Augustus. . . . Know all our faithful subjects, present and future, that with the aid of him who sent peace on earth, we have been able to settle the long quarrel between our beloved uncle Henry, duke of Austria, and our beloved nephew, Henry, duke of Saxony, over the possession of the duchy of Bavaria. This was accomplished at the diet of Regensburg on the day of the Nativity of the blessed Virgin Mary in the presence of many pious catholic princes. This is the way in which the settlement was reached: The duke of Austria resigned the duchy of Bavaria into our hands, and we immediately granted it in fief to the duke of Saxony. Then the duke of Bavaria [Henry of Saxony] surrendered to us the mark of Austria with all its rights and all the fiefs which the former margrave Luitpold held of the duchy of Bavaria, and we have made the mark of Austria a duchy with the consent of the princes, Wadislaus, duke of Bohemia, putting the motion and the other princes agreeing to it. This was done in order that our beloved uncle should not lose in rank by the transfer. We have now granted the duchy of Austria in fief to our uncle Henry and to his wife Theodora, decreeing by this perpetual edict that (1) they and their children after them, whether sons or daughters, shall hold and possess it by hereditary right. If our uncle and his wife should die without children, they may leave the duchy by will to whomsoever they desire. (2) We decree also that no person, great or small, shall presume to exercise any of the rights of justice within the duchy, without the consent and permission of the duke. (3) The duke of Austria does not owe any services to the empire, except to attend, when summoned, such diets as may be held in Bavaria. (4) He is not bound to join the emperor on any campaign except such as may be directed against parts of the kingdom neighboring to Austria.