Hermann Uhrig
Die Vereinbarkeit von Art. VII des Friedens von Lunéville mit der Reichsverfassung
5 Teilbände
ISBN 978-3-86945-858-8
 
 
2789 Seiten, ebook
 
Abstract:
Art. VII peace treaty of Lunéville, 9 February 1801, between the French Republic and the Holy Roman Empire (Reichssäkularisation). I Part: Interpretation of Art. VII: the losses of the hereditary-secular estates on the left bank of the Rhine are recompensate with the territories of the ecclesiastical states on the right bank of the Rhine. II Part: The Holy Roman Empire was a constitutional state composed of several states, part of its constitution was the emergency-right, to which the Empire had to recompensate the losses of its estates on the left bank of the Rhine with territories on the right bank of the Rhine. All the estates had to suffer losses, the hereditary-secular estates and the ecclesiatical estates. III Part: For instead determination in Art. VII: only the ecclesiastical estates suffer to be recompenses, and therefore a special reason was necessary for its congruence with the constitution, but there was’nt any reason: 1. No agreements of the ecclesiastical estates for this. 2. Not minor garanties for the ecclesiastical states as for the secular states in the constitution of the Holy Roman Empire. Their territorial sovereignty, memberships to the imperial diet, their landed proprietaries and fiefdoms have the equal rights just as the hereditary-secular states. 3. No interest of the Holy Roman Empire for reforming its constitution, with the removal of the ecclesiastical states and her ecclestical estates the Empire will suffer a further any more debilitation. 4. No actual emergency situation of the Holy Roman Empire caused by the demand of the French Republic (1. consul Bonaparte) to recompense the losses of the left bank of the Rhine with secularizations on the right bank of the Rhine. 5. No customary law in the constitution of the Holy Roman Empire to recompense the losses with secularizations, in particular the secularizations in the Peace of Westphalia (1648) are no standards of comparison. 6. No existence of a historical situation, which justifies the principal possibility and right to unequal burdens. The historical situation is distinguished as an opposition of the fortify secular estates to the weaken ecclesiatical estates, with helping of the mighty French Republic. 7. No altering of the constitution of the Holy Roman Empire to a removal of the ecclesiastical states. The legitimation of its constitution was at the end of the 18. century furthermore the agreement of the Emperor and the estates, and it was not the opinon of the people that the ecclesiastical states should exist any longer. IV.Teil: The following Final Recess of the Imperial Deputation of 25. February 1803 contains no regulations, which alter ore modify Art. VII. Art. VII of the Treaty of Lunéville (Reichssäkularisation) didn’t agree to the constitution of the Holy Roman Empire.