Confoederatio cum principibus ecclesiasticis
Encyclopedia
The Confoederatio cum principibus ecclesiasticis (or Treaty with the Princes of the Church) of 26 April 1220 is a source of law of the Holy Roman Empire
Holy Roman Empire
The Holy Roman Empire was a realm that existed from 962 to 1806 in Central Europe.It was ruled by the Holy Roman Emperor. Its character changed during the Middle Ages and the Early Modern period, when the power of the emperor gradually weakened in favour of the princes...

 on German
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...

 territory.

Origin

Frederick II
Frederick II, Holy Roman Emperor
Frederick II , was one of the most powerful Holy Roman Emperors of the Middle Ages and head of the House of Hohenstaufen. His political and cultural ambitions, based in Sicily and stretching through Italy to Germany, and even to Jerusalem, were enormous...

 decreed this law in 1220 as a concession to the German bishops in return for their co-operation in the election of his son Henry
Henry (VII) of Germany
Henry was King of Sicily from 1212, Duke of Swabia from 1216, and King of Germany from 1220. He was the son and co-king of Emperor Frederick II and elder brother of Conrad IV of Germany...

 as King
King of the Romans
King of the Romans was the title used by the ruler of the Holy Roman Empire following his election to the office by the princes of the Kingdom of Germany...

.

Content

In this law Frederick II relinquished a number of important Royal rights (Regalia) to the spiritual princes. Among other things, the bishops received the rights to mint coins and levy tolls in the German part of the Holy Roman Empire and to build fortifications. Moreover, they gained the right to hold courts in their lordships and to receive the assistance of the King or the Emperor in carrying out the sentences passed there. Acceptance of the sentences by the King or Emperor was guaranteed: condemnation by the ecclesiastical courts automatically meant condemnation and punishment by the Royal or Imperial courts as well. Therefore the pronouncement of excommunication
Excommunication
Excommunication is a religious censure used to deprive, suspend or limit membership in a religious community. The word means putting [someone] out of communion. In some religions, excommunication includes spiritual condemnation of the member or group...

 by an ecclesiastical court was invariably followed by the sentence of outlawry from the King or the Emperor.

Consequences

The decreeing of this law, taken in conjunction with the later Statutum in favorem principum
Statutum in favorem principum
The Statutum in favorem principum of May 1232 counts as one of the most important sources of law of the Holy Roman Empire on German territory.- Origin :...

, which granted similar concessions to the secular or lay princes, made the power and influence of the spiritual territorial princes in relation to the Empire and the towns extraordinarily great. Frederick's aim was to leave his Empire north of the Alps
Alps
The Alps is one of the great mountain range systems of Europe, stretching from Austria and Slovenia in the east through Italy, Switzerland, Liechtenstein and Germany to France in the west....

secure under the direct rule of the princes, allowing him to concentrate his efforts on the southern part of the Empire. This rule of the land by the princes was nevertheless secured at the expense of the centralised power of the monarchy.

Literature

(in German):
  • Reinhold Zippelius, Kleine deutsche Verfassungsgeschichte, München, 1994.

External links

(in German):
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