Tijdschrift voor Rechtsgeschiedenis 77 (2009) 191-210 Revue d’Histoire du Droit 77 (2009) 191-210 The Legal History Review 77 (2009) 191-210 © Koninklijke Brill NV, Leiden, 2009 DOI: 10.1163/004075809X403433 Property law and Imperial and British titles: the Dukes of Marlborough and the Principality of Mindelheim Noel Cox * Summary The title of prince of the Holy Roman Empire was conferred in 1704 upon all the children heirs and lawful descendants, male and female, of John Churchill, the ﬁrst duke of Marlborough. The title of prince of Mindelheim was granted in 1705 to all male descendants and daughters of the ﬁrst duke. But following the Treaty of Utrecht in 1713 and the Treaty of Rastatt in 1714 the principality passed to Bavaria. The right of the dukes of Marlborough to use the style and title was thus lost, and any residual rights would have expired in 1722 on the death of the duke, as they could not pass to a daughter (unlike his British titles). Despite this it is still common practice to describe the Duke of Marlborough as a Prince of the Holy Roman Empire and Prince of Mindelheim. This paper considers the diﬀerences in the treatment of the
The Legal History Review / Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit – Brill
Published: Jan 1, 2009
Keywords: ALIENATION; PRINCIPALITY OF MINDELHEIM; JOHN CHURCHILL; DUKE OF MARLBOROUGH; PRINCIPALITY OF MELLENBURG; PRINCE OF THE HOLY ROMAN EMPIRE; STATUTORY ENTAIL; PEERAGE
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