The Final Recess of the Imperial Deputation (German:
Reichsdeputationshauptschluss) of 25 February 1803 is commonly referred to as the Imperial law that brought about the territorial restructuring of the Empire by subsuming the church states and imperial cities to larger secular imperial estates. In reality, neither the Final Recess nor the Imperial Deputation which drafted it played a significant role in the process since many decisions had already been made in Paris before the Deputation began its work. The Final Recess was nevertheless indispensable in lending a constitutional imprimatur on territorial remapping and the granting and denial of obligations and prerogatives that would otherwise have lacked legitimacy.
Background Hard pressed by Bonaparte, now firmly at the helm in France as
First Consul, the Empire was obliged soon after Lunéville to take on the task of drafting a definitive compensation plan (). The Imperial Diet resolved to entrust that task to the Emperor, as plenipotentiary of the Empire, while it intended to reserve the final decision to itself. Not wanting to bear the full onus of the changes that were bound to occur under French diktat, Francis II declined. After months of deliberations, a compromise was reached in November 1801 to delegate the compensation task to an Imperial Deputation (), with France to act as 'mediator'. The Deputation consisted of the plenipotentiaries of the Electors of Mainz, Saxony, Brandenburg/Prussia, Bohemia and Bavaria, and of the Duke of Württemberg, the Landgrave of Hesse-Cassel and the Grand Master of the Teutonic Order. Soon after Lunéville, the key German rulers entitled to compensation moved quickly to secure their compensation directly with France, and Paris was soon flooded with envoys bearing shopping lists of coveted territories. The French government encouraged the movement. Bonaparte left the details to his foreign minister
Talleyrand, who famously lined his pockets with bribes. Meanwhile, Bonaparte, who had been courting the new Tsar
Alexander I, replied favourably to the latter's wish to become involved in the process as co-mediator. On 19 October 1801 the two countries signed an agreement to act jointly as the "mediating Powers". Hectic discussions and dealings went on, not only with the mediating Powers and between the various princes, but within the various governments as well. Inside the Prussian cabinet, one group pushed for expansion westward into Westphalia while another favored expansion southward into Franconia, with the pro-Westphalian group finally prevailing. Between July 1801 and May 1802, preliminary compensation agreements were signed with Bavaria, Württemberg, and Prussia and others were concluded less formally with Baden, Hesse-Darmstadt, Hesse-Cassel and other mid-level states. Nevertheless, all claims were examined and there was an effort to detect fictitious or exaggerated claims. The Imperial Deputation very seldom examined the claims and grievances, which were almost automatically transferred to the local French officials for decision or referral to Talleyrand in Paris.
General compensation plan A "general compensation plan" combining the various formal and informal accords concluded in Paris was drafted by Talleyrand in June 1802, approved by Russia with minor changes, and submitted almost as an ultimatum to the Imperial Deputation when it finally convened at Regensburg for its first meeting on 24 August 1802. It was stated in the preamble that the mediating Powers had been forced to come up with a compensation plan due to the "irreconcilable differences between the German Princes" regarding the details of compensation, and the Imperial Deputation's delay in starting its work. It was said that the plan, "based on calculations of unquestionable impartiality" endeavored to effect compensation for recognized losses while "maintaining the pre-war balance of power between the key German rulers", two goals that were somewhat contradictory. The mediating Powers had decided right from the beginning of the process that income rather than population and size was to be the determining factor in estimating the losses. As Austria had been excluded from the discussions, its envoy at Paris only learned of the plan when he read it in
Le Moniteur. He swiftly negotiated revisions which confirmed both Francis II's Imperial prerogatives and his rights as ruler of Austria. The Habsburgs' compensation package was also augmented with additional secularized bishoprics. Francis II had been hostile to secularisation, but once it became clear that near complete secularisation was unavoidable, he fought as hard as any other ruler to obtain his share of former church states. He was particularly adamant that his
younger brother Ferdinand, who had been dispossessed of his
secundogeniture Grand Duchy of Tuscany by the invading French, be adequately compensated. The Imperial Deputation, originally entrusted with the compensation process but now reduced to a subordinate role, tended to be seen by the mediating Powers and the key German States as mere constitutional window dressing. This was demonstrated with the Franco-Prussian agreement of 23 May 1802 which, ignoring the Imperial Deputation that has not yet convened, stated that both the King of Prussia and the Prince of Orange-Nassau could take possession of the territories allotted to them immediately after ratification. Two weeks later, the King issued a proclamation listing all the compensation territories awarded to Prussia but he waited until the first week of August 1802 before occupying the bishoprics of Paderborn and Hildesheim and its share of Münster, as well as the other territories that had been allotted to Prussia. The same month, Bavarian troops entered Bamberg and Würzburg a week after
Elector Maximilian IV Joseph had written to their respective prince-bishops to inform them of the imminent occupation of their principalities. During the autumn, Bavaria, Baden, Hesse-Darmstadt, and Württemberg, and even Austria, proceeded to occupy the prince-bishoprics, imperial abbeys, and free Imperial cities that had been allotted to them. Formal annexation and the establishment of a civil administration usually followed within a few weeks. Such haste was due in good part to the fear that the June plan might not be definitive and therefore it was thought safer to occupy the allotted territories and place everyone before a
fait accompli. That strategy was not foolproof however and Bavaria, which had been in occupation of the bishopric of Eichstätt since September, was forced to evacuate it when the Franco-Austrian convention of 26 December 1802 reallocated most of Eichstätt to the Habsburg compensation package. For their parts, the lesser princes and the counts, with little manpower and resources, generally had to wait until the Final Recess was issued before they could take possession of the territories – if any – that were awarded to them as compensation, usually a secularized abbey or one of the smaller imperial cities.
Approval and ratification of the Final Recess On 8 October 1802, the mediating Powers transmitted to the Deputation their second general compensation plan whose many modifications reflected the considerable number of claims, memoirs, petitions and observations they had received from all quarters. A third plan was transmitted in November and a final one in mid-February 1803. It served as the basis for the Final Recess that the Deputation issued at its 46th meeting on 25 February 1803. The Imperial Diet approved it on 24 March and the Emperor ratified it on 27 April. Discussions regarding this matter were still ongoing when the Empire was dissolved in 1806.
Consequences End of the ecclesiastical principalities Under the terms of the Final Recess, all the ecclesiastical principalities – archbishoprics, bishoprics and abbeys – were dissolved except for the Archbishopric-Electorate of Mainz, the Teutonic Order and the Order of Malta. Archbishop
Karl Theodor von Dalberg of Mainz had salvaged his Electorate by convincing Bonaparte that his position as Imperial Archchancellor was essential to the functioning of the Empire. As much of his Electorate, including the cathedral city of Mainz, had been annexed by France, the archbishopric
was translated to Regensburg and augmented with some remnants of the Electorate east of the Rhine, and Wetzlar. Dalberg, who was confirmed as Elector and Imperial Archchancellor and gained the new title of Primate of Germany, was to prove a constant and useful ally of Napoleon during the coming years. In addition, under the dogged insistence of the Emperor, the Teutonic Order, whose Grand Master was generally an Austrian archduke, as well as the Knights of St John (Knights of Malta), were also spared and their scattered small domains were augmented with several nearby abbeys. The intent here was to provide livings for some of the 700 noble members of the cathedral chapters whose property and estates had been expropriated when the prince-bishoprics were secularized. Some prince-bishoprics were transferred whole to a new owner while others, such as Münster, Trier, Cologne, Würzburg, Augsburg, Freising, Eichstätt, Passau and Constance, were either split between two or several new owners or had some districts or exclaves allotted to different new owners. The substantial property and estates of the bishoprics' cathedral chapters were also expropriated. at the time of secularisation The Final Recess detailed the financial and other obligations of the new rulers toward the former rulers, dignitaries, administrators and other civilian and military personnel of the abolished ecclesiastical principalities. The former prince-bishops and prince-abbots remained
immediate to the emperor for their own person. They retained extensive authority, including judicial jurisdiction in civil and some criminal matters over their servants (art. 49). They retained the title and ranking of prince-bishop or prince-abbot for life and were entitled to a number of honors and privileges (art. 50). However, the prince-bishops' palatial residences, such as the
Würzburg Residence and
Schloss Nordkirchen, passed to new owners and the bishops were granted more modest lodgings as well as the use of a summer residence. The former prince-bishops, prince-abbots and imperial abbots and abbesses were entitled to an annual pension ranging from 20,000 to 60,000 gulden, 6,000 to 12,000 gulden and 3,000 to 6,000 gulden respectively, depending on their past earnings (art. 51). While secularisation stripped the prince-bishops of their political power and abolished their principality, they were still bishops and they retained normal pastoral authority over their diocese, parishes and clergy. Some, such as Bishop
Christoph Franz von Buseck of Bamberg, adjusted to their diminished circumstances and stayed in their diocese to carry on their pastoral duties; others, such as Archbishop
Hieronymus von Colloredo of Salzburg, abandoned their pastoral duties to auxiliary bishops and went to live in Vienna or on their family estates.
Article 35 and the mass secularization of monasteries In principle, the secularization process only targeted the ecclesiastical principalities – including the 40-odd imperial abbeys – that were
immediate and were represented at the Imperial Diet. However, due to the influence of the Enlightenment, growing anticlericalism and a desire to strengthen and modernize the state, exemplified by the policies of Count
Maximilian von Montgelas, the influential minister of
Elector Max Joseph of Bavaria, as well as the expectation of substantial financial gains, the German rulers decided at the last moment and on their own accord to include in the Final Recess of February 1803 a radical extension of the secularization process – Article 35 – which authorized the secularization of all the non-immediate monasteries, abbeys, convents and other religious houses throughout the empire which were legally subordinate to a territorial ruler. Already in January 1802 Elector Max Joseph had issued a decree that dissolved 77 Bavarian monasteries and 14 nunneries which were
nichtständische (unrepresented at the territorial Estates). Soon after the proclamation of the Recess in February 1803, some 70
Prälatenklöster, which were
landständische (represented at the territorial Estates) and as such had traditionally enjoyed considerable autonomy, were secularized as well. The rich Prälatenklöster had controlled approximately 28 per cent of all peasants holdings in Bavaria. Following the simultaneous secularization of so many monasteries by Bavaria and other states and the hurried sale of their assets, including monastic buildings and lands, the market was saturated and the expected financial gain did not materialize. The process resulted in huge losses and the destruction of cultural assets. All rulers did not act at once but by 1812, all but a handful of monasteries and religious houses – about 400 – had been dissolved in South Germany. In 2003, on the occasion of the 200th anniversary of the Final Recess,
Cardinal Karl Lehmann, bishop of Mainz, pointed out that the secularization of 1803 had brought about the greatest territorial upheaval that Germany had experienced up to then, "more drastic than the Protestant Reformation and the Peace of Westphalia" and he emphasized that its implementation had taken place with brute force and reckless violation of religious feeling, at its most brutal in Bavaria, Württemberg and Baden. Monks were dispersed without pension and nuns were parked in central "Aussterbeklöstern". In the wake of secularization and the dissolution of monasteries, people were left more socially disadvantaged than before, and the education system in rural areas collapsed. Among the positive sides he pointed out the improved image of bishops and a Church freed of a power-hungry aristocracy which had seen the Church primarily as a source of wealth.
End of the free imperial cities The 51 free imperial cities had less to offer in the way of territory () or population (815,000) than the ecclesiastical states but the secular princes had long resented the independence of the ones enclaved within their territory. With a few exceptions, they suffered from an even worse reputation of decay and mismanagement than the ecclesiastical states. A few imperial cities had been included in some of 18th century stillborn secularisation plans, chiefly because they were either contiguous to or enclaved within a prince-bishopric targeted for secularisation. While the secret compensation provisions of the treaties of 1796 with Prussia, Baden and Württemberg targeted only ecclesiastical territories, by the time the Congress of Rastatt opened in late 1797, there were widespread rumors about the abolition of at least some cities. Alarmed by such rumors, the imperial cities of the Swabian Circle, where about half of all the imperial cities were located, held a special conference at Ulm in early March 1798 to examine the situation, for which they felt helpless. However, given that it was expected from the start that the handful of the largest and wealthiest cities would maintain their independence, the expected mediatisation of the imperial cities did not raise much public interest. The survival of an imperial city often hung by a thread: while Regensburg and Wetzlar, seats of the Imperial Diet and the Imperial Cameral Tribunal respectively, were still on the short list of imperial cities that were to survive in the June 1802 general compensation plan, they were mediatised a few months later in order to beef up the newly created
Principality of Aschaffenburg that was to constitute the territorial base of Archbishop von Dalberg, the Imperial Archchancellor. In the end, only
Hamburg,
Bremen,
Lübeck,
Frankfurt,
Augsburg, and
Nuremberg survived mediatisation in 1803. Of these, Augsburg was annexed by Bavaria shortly thereafter in 1805 and Nuremberg in 1806. Frankfurt was later annexed by Prussia in 1866 and Lübeck (mostly by Prussia, partly by Mecklenburg) in 1937. Only the Free Imperial Cities of Hamburg and Bremen remain independent
states within Germany, joined by Berlin as a third city-state.
Compensation While the original intent had been to compensate the dispossessed secular rulers only for lost territory, that criterion was to be applied only to the minor princes and the counts who sometimes only received an annuity or a territorial compensation so modest that it had to be augmented with an annuity paid by better provisioned princes in order that their total income would not be less than their former income. In the case of the larger states, they generally received more than the territory they had lost. Baden received over seven times as much, Prussia nearly five times. Hanover gained the Prince-Bishopric of Osnabrück, having lost nothing. The Duchy of Oldenburg received much of the Prince-Bishopric of Münster although it had lost only the income of a toll station, and Austria did well also. In addition, the two Habsburg archdukes who had been dispossessed of their Italian realms (the Grand Duchy of Tuscany and the Duchy of Modena) were also compensated even though their realms were not part of the Holy Roman Empire. Likewise, the King of Prussia was able to obtain a generous territorial compensation for the dynastically related Prince of Orange-Nassau for the loss of the hereditary stadtholdership of the Netherlands. In all, 112 imperial estates disappeared. Apart from the territory ceded to France, their land and properties were distributed among the seventy-two rulers entitled to compensation. ==Mediatisation from 1806==