13 - Territory and Jurisdiction in Old Regime Europe

Summary

This chapter is a survey of the legal languages used to govern territory, sovereignty and the right of a ruler within a polity. Debates were heavily dominated by feudal and private law-concepts. Sovereigns maintained the diversity of privileges in the territories ruled in the setting of a composite monarchy. Claims and titles could or could not entail consequences for sovereignty. Reservations and exceptions to full internal sovereignty were not uncommon. Succession quarrels (often causes of war), could be solved by treaty, often in conflict with domestic constitutional rules and principles. Mixed polities (Poland-Lithuania, Holy Roman Empire) offered a broad range of argumentative topoi to either confirm or combat overlordship. Internal German questions could quickly escalate to the field of the law of nations through the game of alliances and guarantees. Although republican forms of monarchy and republican oligarchies were on the decline in the seventeenth and eighteenth centuries, their legal agency was not contested. In extra-European dominions of European sovereigns, the chain of reasoning was significantly lighter, as feudal arguments rarely came into play. Conversely, the agency of subaltern actors in establishing boundaries, or the treatment of native Americans as either allies or subjects provide original avenues of research.