Treatise (Upper Lusatia)

The treatise is an important document that Emperor Ferdinand I issued to the Upper Lusatian estates in 1561 . It regulated the relationship between the imperial sovereign and his officials and the politically justified classes of the country. This makes the treatise an essential part of the state constitution. From the point of view of its creation, it is less a matter of a privilege and more of a contract between the emperor and the estates.

prehistory

With the Upper Lusatian Landvogt Christoph von Dohna , who came into office in 1549 , the estates soon became dissatisfied because this holder of the highest state office did not respect the rights and privileges of the estates, he was corrupt and did not properly administer justice. For the first time in 1555, the estates complained to their sovereign, the King of Bohemia. But nothing changed. In 1559, the estates filed a formal complaint in Prague that comprised 108 points. This contained the constitutional violations of the governor, all of his violations of rights and customs. Ferdinand I appointed a commission of inquiry that traveled to the Upper Lusatian capital Bautzen to examine the matter on the spot. The lawsuit was considered legitimate and Dohna was to be tried in Prague. The bailiff suddenly died before the trial could begin.

Even so, many constitutional issues remained unresolved. Even a new bailiff could have violated the state constitution of Upper Lusatia, which is based on customary law and numerous individual privileges. The estates therefore suggested that their rights and the powers of the imperial officials should be recorded in writing and confirmed by the emperor, which then happened.

content

The treatise confirmed a number of old estates' rights. Most importantly, they were allowed to assemble in state parliaments without the permission of the emperor , and that individual parts of the country or each estate were allowed to hold particular assemblies for themselves. It was recorded how often the governor and the governors should hold court and how representatives of the nobility and the cities were to be involved as lay judges. The treatise also stipulated that the governor was not allowed to interfere in the private interests of the estates and that he should listen to the advice of the state elders .

rating

With the treatise, important areas of political life in Upper Lusatia were regulated in the interests of the estates. The power of the sovereign and his officials was restricted. For the Upper Lusatians, the document had a similar meaning as the hand festivals , state regulations and land law collections in other countries of the Habsburg monarchy. In no other country were the political participation rights of the nobility and cities as great as in Upper Lusatia. The regulations of the treatise remained in force until the beginning of the 19th century. It secured the autonomy of the estates vis-à-vis the sovereign for over 250 years.

literature

• Hermann Knothe : Documentary basis for a legal history of Upper Lusatia from the earliest times to the middle of the 16th century. Goerlitz 1877.