Privilegium Minus

The Privilegium Minus is the denotation of a deed issued by Emperor Frederick Barbarossa on 17 September 1156. It included the elevation of the Bavarian frontier march of Austria (Ostarrîchi) to a duchy, which was given as an inheritable fief to the House of Babenberg.

The name is opposed to the 14th century Privilegium Maius, which was a forgery drawn up at the behest of the Habsburg duke Rudolf IV of Austria. The recipient of the Privilegium Minus was Frederick's paternal uncle, the Babenberg margrave Henry II Jasomirgott.

In addition to the elevation of his margraviate, the emperor determined that inheritance should also be possible through the female line of the ducal family. In the absence of children, the duke was allowed to designate a successor (libertas affectandi). However, this extraordinary privilege was bound to the persons of Henry Jasomirgott and his wife Theodora Komnene (dux Austrie patruus noster et uxor eius) for life, as both had no children and Henry's brothers Otto of Freising and Conrad of Passau had chosen ecclesiastical careers. The emperor reserved for himself the act of enfeoffment but would respect Henry's choice.

The duke's duty to attend the Imperial Diet was limited to those cases where it convened within the Bavarian lands (ad curias, quas imperator prefixerit in Bavaria), which saved costly traveling throughout the Empire. Also, Austria was henceforth only required to provide troops to the emperor in wars in its vicinity (in regna vel provincias Austrie vicinas). Henry Jasomirgott was obliged to further on discharge his traditional duties as former margrave.

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