Privation

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Under privation (of Latin privatio , liberation absence ') refers to the imposition of the imperial ban on a spiritual princes . The legal consequences affected the bishop, prelate or abbot only in his function as sovereign over a secular territory, not in his function as the spiritual head of a diocese . This led to the paradoxical situation that a clergyman in one and the same territory could no longer make decisions about worldly things, but about spiritual things.

The most famous case is the privation of the Cologne Elector Joseph Clemens , who was ostracized in 1706 together with his brother Max Emanuel , the Elector of Bavaria, because they had both got involved with the Reich enemy Ludwig XIV . The privation of Joseph Clemens was not canceled until 1714. From 1706 to 1714 the Cologne Cathedral Chapter tried in vain to represent the Electorate of Cologne in secular matters at the imperial level.

In the early modern period, privation generally came from the emperor as head of the empire. The imposition and enforcement of the privation required the conclusion of a fixed legal and political procedure that was very similar to that of the Reichsacht .

literature

  • Julius Froboese, The Declaration of Eighth by the Electors of Baiern and Cologne 1706 and its legal justification , Mühlhausen 1874.
  • Franz Feldmeier, The ostracism of the Elector Max Emanuel of Bavaria and the transfer of the Upper Palatinate with the fifth cure to Kurpflalz , in: OA 58 (1914), pp. 146-269.
  • Christoph Kampmann, Imperial Rebellion and Imperial Eight. Political criminal justice in the Thirty Years War and the trial against Wallenstein 1634 , Münster 1992.
  • Joseph Poetsch, The Reichsacht in the Middle Ages and especially in the more recent times , Breslau 1911, reprint Aalen 1971.