The Golden Bull of the Emperor Charles
IV 1356 A.D.
[Altmann u. Bernheim, p. 39.]
Eternal, omnipotent God, in whom the sole hope of the
world is,
Of Heaven the Maker Thou, of earth, too, the lofty Creator:
Consider, we pray Thee, Thy people, and gently, from out Thy high
dwelling
Look down lest they turn their steps to the place where Erinis is
ruler;
There where Allecto commands, Megaera dietetic the measures
But rather by virtue of him, this emperor Charles whom Thou lovest
O most beneficent God, may'st Thou graciously please to ordain it
That, through the pleasant glades of forests ever in flower,
And through the realms of the bless'd, their pious leader may
bring them
I nto the holy shades, where the heavenly waters will quicken
The seeds that were sown in the life, and where the ripe crops are
made glorious
Cleansed in supernal founts from all of the thorns they have
gathered.
Thus may the harvest be God's, and great may its worth be in
future
Heaping a hundred fold the corn in the barns overflowing..
In the name of the holy and indivisible Trinity felicitously amen.
Charles the Fourth, by favour of the divine mercy emperor of the
Romans, always august, and king of Bohemia; as a perpetual memorial
of this matter. Every kingdom divided against itself shall be
desolated. For its princes have become the companions of thieves.
Where fore God has mingled among them the spirit of dizziness that
they may grope in midday as if in darkness; and He has removed their
candlestick from out of His place, that they may be blind and
leaders of the blind. And those who walk in darkness stumble; and
the blind commit crimes in their hearts which come to pass in time
of discord. Tell us, pride, how would's" thou have reigned over
Lucifer if thou had'st not had discord to aid thee? Tell us hateful
Satan, how would'st thou have cast Adam out of Paradise if thou
had'st not divided him from his obedience ? Tell us, luxury, how
would'st thou have destroyed Troy, if thou had'st not divided Helen
from her husband? Tell us, wrath, how would'st thou have destroyed
the Roman republic had'st thou not, by means of discord, spurred on
Pompey and Caesar with raging swords to internal conflict ? Thou,
indeed, oh envy, host, with impious wicked ness, spued with the
ancient poison against the Christian empire which is fortified by
God, like to the holy and indivisible Trinity, with the theological
virtues of faith, hope, and charity, whose foundation is happily
established above in the very kingdom of Christ. Thou hast done
this, like a serpent, against the branches of the empire and its
nearer members; so that, the columns being shaken, thou Slightest
subject the whole edifice to ruin. Thou Last often spread discord
among the seven electors of the holy empire, through whom, as
through seven candlesticks throwing light in the unity of a
septiform spirit, the holy empire ought to be illumined.
Inasmuch as we, through the office by which we possess the imperial
dignity, are doubly-both as emperor and by the electoral right which
we enjoy-bound to put an end to future danger of discords among the
electors themselves, to whose number we, as king of Bohemia are
known to belong: we have promulgated, decreed and recommended for
ratification the subjoined laws for the purpose of cherishing unity
among the electors, and of bringing about a unanimous election, and
of closing all approach to the aforesaid detestable discord and to
the various dangers which arise from it. This we have done in our
solemn court at Nuremberg, in session with all the electoral
princes, ecclesiastical and secular, and amid a numerous multitude
of other princes, counts, barons, magnates, nobles and citizens;
after mature deliberation, from the fulness of our imperial power;
sitting on the throne of our imperial majesty, adorned with the
imperial bands, insignia and diadem; in the year of our Lord 1356,
in the 9th Indiction, on the 4th day before the Ides of January, in
the 10th year of our reign as king, the 1st as emperor.
1. What sort of escort the electors should have, and by whom
furnished.
(1) We decree, and, by the present imperial and
ever valid edict, do sanction of certain knowledge and from the
plenitude of the imperial power: that whenever, and so often as in
future, necessity or occasion shall arise for the election of a king
of the Romans and prospective emperor and the prince electors,
according to ancient and laudable custom, are obliged to journey to
such election,-each prince elector, if, and whenever, he is called
upon to do this, shall be bound to escort any of his fellow prince
electors or the envoys whom they shall send to this election through
his lands, territories and districts, and even as much beyond them
as he shall be able; and to lend them escort without guile on their
way to the city in which such election is to be held, and also in
returning from it This he shall do under pain of perjury and the
loss, for that time only, of the vote which he was about to have in
such election; which penalty, indeed, we decree that he or they who
shall prove rebellious or negligent in furnishing the aforesaid
escort shall, by the very act, incur.
(2) We furthermore decree, and we command all
other princes holding fiefs from the holy Roman empire, whatever the
service they have to perform,-also all counts barons, knights, noble
and common followers, citizens and communities of castles, cities
and districts of the holy empire: that at this same time-when,
namely, an election is to take place of king of the Romans and
prospective emperor-they shall, without guile, in the manner
aforesaid, escort through their territories and as far beyond as
they can, any prince elector demanding from them, or any one of
them, help of this kind, or the envoys whom as has been explained
before, he shall have sent to that election. But if any persons
shall presume to run counter to this our decree they shall, by the
act itself, incur the following penalties: all princes and counts,
barons, noble knights and followers, and all nobles acting counter
to it, shall be considered guilty of perjury and deprived of all the
fiefs which they hold of the holy Roman empire and of any lords
whatever, and also of all their possessions no matter from whom they
hold them. All cities and guilds, moreover, presuming to act counter
to the foregoing, shall similarly be considered guilty of perjury,
and likewise shall be altogether deprived of all their rights,
liberties, privileges and favours obtained from the holy empire, and
both in their persons and in all their possessions shall incur the
imperial bann and proscription. And any man on his own authority and
without trial or the calling in of any magistrate, may henceforth
with impunity attack those whom we, by the act itself, deprive, from
now or from a past time on, of all their rights. And, in attacking
them, he need fear no punishment on this account from the empire or
any one else; inasmuch as they, rashly negligent in so great a
matter, are convicted of acting faithlessly and perversely, as
disobedient and perfidious persons and rebels against the state, and
against the majesty and dignity of the holy empire, and even against
their own honour and safety.
(3) We decree, moreover, and command, that the
citizens and guilds of all cities shall be compelled to sell or
cause to be sold to the aforesaid prince electors, or to any one of
them who demands it, and to their envoys, when they are going to
said city for the sake of holding said election, and even when they
are returning from it: victuals at the common and current price for
the needs of themselves or the said envoys and their followers. And
in no way shall they act fraudulently with regard to the foregoing.
We will that those who do otherwise shall, by the act itself, incur
those penalties which we, in the foregoing, have seen fit to decree
against citizens and guilds. Whoever, moreover, of the princes,
counts, barons, knights, noble or common followers, citizens or
guilds of cities shall presume to erect hostile barriers or to
prepare ambushes for a prince elector going to hold the election of
a king of the Romans or returning from it,-or to attack or disturb
them or any one of them in their persons or in their property, or in
the persons of said envoys sent by them or any one of them, whether
they have sought escort or have not considered it worth while to
demand it: we decree that he, together with all the accomplices of
his iniquity, shall, by the act itself, have incurred the above
penalties; in such wise, namely, that each person shall incur the
penalty or penalties which, according to what precedes, we have
thought best, relatively to the rank of those persons, to inflict..
(4) But if any prince elector should be at enmity
with any one of his co-electors, and any contention, controversy, or
dissension should be going on between them;-notwithstanding this,
one shall be bound, under penalty of perjury and loss, for this one
time, of his vote in the election, as has been stated above, to
escort in said manner the other? Or the envoys of the other who
shall be sent in said manner to such election.
(5) But if any princes, counts, barons, knights,
noble or common followers, citizens, or guilds of cities, should
bear ill-will to one or more of the prince electors, or any mutual
discord, or war, or dissension should be going on between them:
nevertheless, all opposition and fraud being laid aside, they ought
to furnish such escort to this or to these prince electors, or to
his or their envoys dispatched to or returning from such election,
according as they each and all desire to avoid the said punishments
declared by u s against them; punishments which those who act
counter shall, we decree, by the act itself incur. Moreover, for the
ampler security and certitude of all the above, we command and we
will that all the prince electors and other princes, also the
counts, barons, nobles, cities or guilds of the same, shall confirm
all the aforesaid through their writings and through their oaths,
and shall efficaciously bind themselves to fulfil them with good
faith and without guile. But whoever shall refuse to give writings
of this kind, shall, by the act itself, incur such punishment as we,
by the above, have seen fit to inflict on each person according to
his rank.
(6) But if any prince elector or other prince of
whatever condition or standing, or any count, baron, or noble, or
the successors or heirs of such, holding a fief or fiefs from the
holy empire, be not willing to fulfill our imperial constitutions
and laws above and below laid down, or shall presume to act counter
to them: if such a one, indeed, be an elector prince, his
co-electors shall, from that time on, exclude him from association
with themselves, and he shall lose both his vote in the election and
the position, dignity and privileges possessed by the other
electors; nor shall he be invested with the fiefs which he shall
have obtained from the holy empire. But any other prince or nobleman
infringing, as we have said, these our laws, shall likewise not be
invested with fiefs which he shall obtain from the holy empire or
from any one otherwise, and shall, in addition, incur by the act
itself all the aforesaid penalties concerning his person.
(7) Although, indeed, we have willed and decreed
in general terms that all princes, counts, barons, nobles knights,
followers, and also cities and guilds of the same are bound, as has
been said, to furnish the aforesaid escort to any prince elector or
his envoys: nevertheless we have thought best to designate for each
one of them special escorts and conductors who will be best suited
for them according to the nearness of their lands and districts as
will directly be made clearer from what follows.
(8) For first the king of Bohemia, the
arch-cupbearer of the holy empire, shall be escorted by the
archbishop of Mainz, the bishops of Bamberg and Wurzburg, the
burgraves of Nuremberg; likewise by those of Hohenlohe, of Wertheim,
of Bruneck and of Hohenau; likewise by the cities of Nuremberg,
Rothenburg, and Windesheim.
(9) Then the archbishop of Cologne, the
arch-chancellor of the holy empire for Italy, shall be escorted-they
being bound to furnish such escort-by the archbishops of Mainz and
Treves, the count palatine of the Rhine, the landgrave of Hesse;
likewise by the counts of Katzenellenbogen, of Nassau, of Dietz;
likewise of Ysenburg, of Vesterburg, of Runkel, of Limburg and
Falkenstein; likewise by the cities of Wetzlar, Gelnhausen and
Friedberg.
(10) In like manner the archbishop of Treves,
archchancellor of the holy empire for the Glallic provinces and for
the kingdom of Arles, shall be escorted by the archbishop of Mainz,
the count palatine of the Rhine; likewise the counts of Sponheim, of
Veldenz. likewise the Raugraves and Wiltgraves of Nassau, of
Ysenburg, of Westerburg, of Runkel, of Dietz, of Katzenellenbogen,
of Eppenstein, of Falkenstein; likewise the city of Mainz.
(11) Then the count palatine of the Rhine,
arch-steward of the holy empire, ought to be escorted by the
archbishop of Mainz.
(12) But the duke of Saxony, the arch-marshall of
the holy empire, shall, by right, be escorted by the king of
Bohemia, the archbishops of Mainz and Madgeburg; likewise by the
bishops of Bamberg and Wurzburg, the margrave of Meissen, the
landgrave of Hesse; likewise the abbots of Fulda and Hersfeld, the
burgraves of Nuremberg; likewise those of Hohenlohe, of Wertheim, of
Bruneck, of Hohenau, of Falkenstein; likewise the cities of Erfurt,
Mulhausen, Nuremberg, Rothenburg and Windesheim. And all of these
last named shall likewise be bound to escort the margrave of
Brandenburg, arch-chamberlain of the holy empire.
(13) We will, moreover, and do expressly decree
that each prince elector who shall wish to have such escort shall
make known this fact and the way by which he is to pass, and shall
demand this escort in such good time that those who have been
deputed to furnish such escort, and from whom it shall thus have
been demanded, may be able to prepare themselves for this in good
time and conveniently.
(14) We declare, moreover, that the foregoing
decrees promulgated concerning the matter of escort shall, indeed,
be so understood that each person named above-or perhaps not
expressed-from whom, in the aforesaid case, escort may happen to be
demanded, shall be bound to furnish it at least through his lands
and territories, and as far beyond as he can, without fraud, under
the penalties contained above.
(15) Moreover we decree, and also ordain, that he
who shall be archbishop of Mainz at the time shall intimate this
same election to the different princes, ecclesiastical and secular,
his co-electors, by letters patent, through his envoys. In which
letters, indeed, the day and the term shall be expressed within
which those letters may probably reach each of those princes. And
letters of this sort shall state that, within three successive
months from the day expressed in the letters themselves, each and
all of the prince electors ought to be settled at Frankfort on the
Main, or to send their lawful envoys, at that time and to that
place, with full and diverse power, and with their letters patent,
signed with the great seal of each of them, to elect a king of the
Romans and prospective emperor. How, moreover, and under what form
such letters ought to be drawn up and what formality ought to be
immutably observed with regard to them, and in what form and manner
the prince electors should arrange what envoys are to be sent to
such election, and the popover, mandate, or right of procuration
that they are to have: all this will be found clearly and expressly
written at the end of the present document. And we command and
decree, through the plentitude of the imperial power, that the form
there established be preserved unto all time.
(16) Moreover we ordain and decree that when the
death of the emperor or king of the Romans shall come to be known
for certain in the diocese of Mainz,-within one month of that time,
counting continuously from the day of the notice of such death, the
death itself and the summons of which we have spoken shall be
announced by the archbishop of Mainz through his letters patent. But
if this same archbishop should chance to be negligent or remiss in
carrying out this and in sending the summons,-thereupon those same
princes of their own accord shall, even without summons, by virtue
of the fealty which they owe to the holy conspire, come together in
the oft-mentioned city of Frankfort within three months after this,
as is contained in the decree immediately preceding, being about to
elect a king of the Humans and future emperor.
(17) Moreover any one prince elector of his
envoys should, at the time of the aforesaid election, enter the said
city of Frankfort with not more than two hundred mounted followers,
among which number he may be allowed to bring in with himself only
fifty armed men or fewer, but not more.
(18) But a prince elector, called and summoned to
such election, and neither coming to it nor sending lawful envoys
with letters patent, sealed with his greater seal and containing
empowerment, full, free and of every kind, for the election of king
of the Romans and prospective emperor; or one who comes, or
perchance sends envoys, to the same, but who, afterwards, himself-or
the aforesaid embassy- goes away from the place of election before a
king of the Romans and prospective emperor has been elected, and
does not formally substitute a lawful procurator and leave him
there: shall forfeit for that time the vote or right which he had in
that election and which he abandoned in such a manner.
(19) We command, moreover, and enjoin on the
citizens of Frankfort, that they, by virtue of the oath which we
decree they shall swear on the gospel concerning this, shall, with
faithful zeal and anxious diligence, protect and defend all the
prince electors in general and each one of them in particular from
the invasion of the other, if any quarrel shall arise between them;
and also from the invasion of any other person. And the same with
regard to all the followers whom they or any one of them shall have
brought into the said city among the said number of two hundred
horsemen. Otherwise they shall incur the guilt of perjury, and shall
also lose all their rights, liberties, privileges, favours and
grants which they are known to hold from the holy empire, and shall,
by the act itself, fall under the bann of the empire as to their
persons and all their goods. And, from that time on, every man on
his own authority and without judicial sentence may, with impunity,
invade as traitors and as disloyal persons and as rebels against the
empire, those citizens whom we, in such a case, from now or from a
former time on deprive of all their rights: And such invaders need
in no Lay fear any punishment from the holy empire or from any one
else.
(20) The said citizens of Frankfort, moreover,
throughout all that time when the oft-mentioned election is being
treated of and carried on, shall not admit, or in any way permit any
one, of whatever dignity, condition or standing he may be, to enter
the aforesaid city: the prince electors and their envoys and the
aforesaid procurators alone being excepted; each of whom shall be
admitted, as has been said, with two hundred horsemen. But if, after
the entry of these same prince electors, or while they are present,
any one shall chance to be found in the said city, the citizens
themselves shall, effectually and without delay, straightway bring
about his exit, under penalty of all that has above been promulgated
against them, and also by virtue of the oath concerning this that
those same citizens of Frankfort must, by the terms of this present
decree, swear upon the gospel, as has been explained in the
foregoing.
2. Concerning the election of a king of the Romans.
(1) After, moreover, the oft-mentioned electors
or their envoys shall have entered the city of Frankfort, they shall
straightway on the following day at dawn, in the church of St.
Bartholomew the apostle, in the presence of all of them cause a mass
to be sung to the Holy Spirit, that the Holy Spirit himself may
illumine their hearts and infuse the light of his virtue into their
senses; so that they, armed with his protection, may be able to
elect a just, good and useful man as king of the Romans and future
emperor, and as a safeguard for the people of Christ. After such
mass has been performed all those electors or their envoys shall
approach the altar on which that mass has been celebrated, and there
the ecclesiastical prince electors, before the gospel of St. John: "
In the beginning was the word," which must there be placed before
them, shall place their hands with reverence upon their breasts. But
the secular prince electors shall actually touch the said gospel
with their hands. And all of them, with all their followers, shall
stand there unarmed. And the archbishop of Mainz shall give to them
the form of the oath, and he together with them, and they, or the
envoys of the absent ones, together with him, shall take the oath in
common as follows:
(2) " I, archbishop of Mainz, arch-chancellor of
the holy empire throughout Germany, and prince elector, do swear on
this holy gospel of God here actually placed before me, that I,
through the faith which binds me to God and to the holy Roman
empire, do intend by the help of God, to the utmost extent of my
discretion and intelligence, and in accordance with the said faith,
to elect one who will be suitable, as far as my discretion and
discernment can tell for a temporal head of the Christian
people,-that is, a king of the Romans and prospective emperor. And
my voice and vote, or said election, I will give without any pact,
payment, price, or promise, or whatever such things may be called.
So help me God and all the saints."
(3) Such oath having been taken by the electors
or their envoys in the aforesaid form and manner, they shall then
proceed to the election. And from now on they shall not disperse
from the said city of Frankfort until the majority of them shall
have elected a temporal head for the world and for the Christian
people; a king, namely, of the Romans and prospective emperor. But
if they shall fail to do this within thirty days, counting
continuously from the day when they took the aforesaid oath: when
those thirty days are over, from that time on they shall live on
bread and water, and by no means leave the aforesaid city unless
first through them, or the majority of them, a ruler or temporal
head of the faithful shall have been elected, as was said before.
(4) Moreover after they, or the majority of them,
shall have made their choice in that place, such election shall in
future be considered and looked upon as if it had been unanimously
carried through by all of them, no one dissenting. And if any one of
the electors or their aforesaid envoys should happen for a time to
be detained and to be absent or late, provided he arrive before the
said election has been consummated, we decree that he shall be
admitted to the election in the stage at which it was at the actual
time of his coming. And since by ancient approved and laudable
custom what follows has always been observed inviolately, therefore
we also do establish and decree by the plenitude of the imperial
power that he who shall have, in the aforesaid manner, been elected
king of the Romans, shall, directly after such election shall have
been held, and before he shall attend to any other cases or matters
by virtue of his imperial office, without delay or contradiction,
confirm and approve, by his letters and seals, to each and all of
the elector princes, ecclesiastical and secular, who are known to be
the nearer members of the holy empire, all their privileges,
charters, rights, liberties, ancient customs, and also their
dignities and whatever they shall have obtained and possessed from
the empire before the day of the election. And he shall renew to
them all the above after he shall have been crowned with the
imperial adornments. Moreover, the elected king shall make such
confirmation to each prince elector in particular, first as king,
then, renewing it, under his title as emperor; and, in there
matters, he shall be bound by no means to impede either those same
princes in general or any one of them in particular, but rather to
promote them with his favour and without guile.
(5) In a case, finally, where three prince
electors in person, or the envoys of the absent ones, shall elect as
king of the Romans a fourth from among themselves or from among
their whole number-an elector prince, namely, who is either present
or absent:-we decree that the vote of that person who has been
elected, if he shall be present, or of his envoys if he shall chance
to be absent, shall have full vigour and shall increase the number
of those electing, and shall constitute a majority like that of the
other prince electors.
3. Concerning the seating of the bishops of Treves, Cologne and
Maine.
In the name of the holy and indivisible Trinity felicitously amen.
Charles the Fourth, by favour of the divine mercy emperor of the
Romans, always august, and king of Bohemia. As a perpetual memorial
of this matter. The splendour and glory of the holy Roman empire,
and the imperial honour, and the cherished advantage of the state
are fostered by the concordant will of the venerable and illustrious
prince electors, who, being the chief columns as it were, sustain
the holy edifice by the vigilant piety of circumspect prudence; by
whose protection the right hand of the imperial power is
strengthened. And the more they are bound together by an ampler
benignity of mutual favour, so much more abundantly will the
blessings of peace and tranquillity happily flow for the people of
Christ. In order, therefore, that between the venerable archbishops
of Mainz, Cologne and Treves, prince electors of the holy empire,
all causes of strife and suspicion which might arise in future
concerning the priority or dignity of their seats in the imperial
and royal courts may be for all time removed, and that they,
remaining in a quiet state of heart and soul, may be able, with
concordant favour and the zeal of virtuous love, to meditate more
conveniently concerning the affairs of the holy empire, to the
consolation of the Christian people: we, having deliberated with all
the prince electors, ecclesiastical as well as secular, do decree
from the plenitude of the imperial power, by this law, in the form
of an edict, to be forever valid,-that the aforesaid venerable
archbishops can, may, and ought to sit as follows in all public
transactions pertaining to the empire; namely, in courts, while
conferring fiefs, when regaling themselves at table, and also in
councils and in all other business on account of which they happen
or shall happen to come together to treat of the honour or utility
of the empire. Be of Treves, namely, shall sit directly opposite and
facing the emperor. But at the right hand of the emperor of the
Romans shall sit he of Mainz when in his own diocese and province;
and also, outside of his province, throughout his whole
arch-chancellorship of Germany, excepting alone the province of
Cologne. And he of Cologne, finally, shall sit there when in his own
diocese and province, and, outside of his province, throughout all
Italy and Gaul. And we will that this form of seating, in the same
order as is above expressed, be extended forever to the successors
of the aforesaid archbishops of Cologne, Treves and Mainz; so that
at no time shall any doubt whatever arise concerning these matters.
4. Concerning the prince electors in common.
We decree, moreover, that, as often as an imperial court shall
henceforth chance to be held, in every assembly,-in council, namely,
at table or in any place whatsoever where the emperor or king of the
Romans shall happen to sit with the prince electors, on the right
side of the emperor or king of the Romans there shall sit
immediately after the archbishop of Mainz or the archbishop of
Cologne-whichever, namely, shall happen at that time, according to
the place or province, following the tenor of his privilege, to sit
at the right hand of the emperor-first, the king of Bohemia, as he
is a crowned and anointed prince, and secondly, the count palatine
of the Rhine. But on the left side, immediately after whichever of
the aforesaid archbishops shall happen to sit on the left, the duke
of Saxony shall have the first, and, after him, the margrave of
Brandenburg the second place.
But so often and whenever the holy empire shall hereafter happen to
be vacant, the archbishop of Mainz shall Men have the right, which
he is known from of old to have had, of convoking the other princes,
his aforesaid companions in the said election. And when all of them,
or those who can and will be present, are assembled together at the
term of the election, it shall pertain to the said archbishop of
Mainz and to no other to call for the votes of these his
co-electors, one by one in the following order. First, indeed, he
shall interrogate the archbishop of Treves, to whom we declare that
the first vote belongs, and to whom, as we find, it hitherto has
belonged. Secondly, the archbishop of Cologne, to whom belongs the
dignity and also the duty of first imposing the royal diadem on the
king of the Romans. Thirdly, the king of Bohemia, who, rightly and
duly, on account of the prestige of his royal dignity, has the first
place among the lay electors. Fourthly, the count palatine of the
Rhine. Fifthly, the duke of Saxony. Sixthly, the margrave of
Brandenburg. Of all these the said archbishop of Mainz shall call
for the votes in the aforesaid order. This being done, the aforesaid
princes his companions, shall, in their turn, jail on him to express
his own intention and to make known to them his vote. Moreover, when
an imperial court is held, the margrave of Brandenburg shall present
the water for washing the hands of the emperor or king of the
Romans. And the king of Bohemia shall be the first to offer drink;
but, according to the tenor of the privileges of his kingdom, he
shall not be bound to offer it with his royal crown on, except of
his own free will. The count palatine of the Rhine, moreover, shall
be obliged to offer food, and the duke of Saxony shall perform the
office of marshal as has been the custom from of old.
5. Concerning the right of the Count palatine and also of the
duke of Saxony.
Whenever, moreover, as has been said before, the throne of the holy
empire shall happen to be vacant, the illustrious count palatine of
the Rhine, arch-steward of the holy empire, the right hand of the
future king of the Romans in the districts of the Rhine and of
Swabia and in the limits of Franconia, ought, by reason of his
principality or by privilege of the county palatine, to be the
administrator of the empire itself, with the power of passing
judgments, of presenting to ecclesiastical benefices, of collecting
returns and revenues and investing with fiefs, of receiving oaths of
fealty for and in the name of the holy empire. All of these acts,
however, shall, in due time, be renewed by the king of the Romans
who is afterwards elected, and the oaths shall be sworn to him anew.
The fiefs of princes are alone excepted, and those which are
commonly called banner-fiefs: the conferring of which, and the
investing, we reserve especially for the emperor or king of the
Romans alone. The count palatine must know, nevertheless, that every
kind of alienation or obligation of imperial possessions, in the
time of such administration, is expressly forbidden to him. And we
will that the illustrious king of Saxony, arch-marshal of the holy
empire, shall enjoy the same right of administration in those places
where the Saxon jurisdiction prevails, under all the modes and
conditions that have been expressed above.
And although the emperor or king of the Romans, in matters
concerning which he is called to account, has to answer before the
count palatine of the Rhine and prince elector-as is is said to have
been introduced by custom:- nevertheless the count palatine shall
not be able to exercise that right of judging otherwise than in the
imperial court, where the emperor or king of the Romans shall be
present.
6. Concerning the comparison of prince electors with other,
ordinary princes.
We decree that, in holding an imperial court, whenever in future one
shall chance to be held, the aforesaid prince electors,
ecclesiastical and secular, shall immutably hold their positions on
the right and on the left-according to the prescribed order and
manner. And no other prince of whatever standing, dignity,
pre-eminence or condition be may be, shall in any way be preferred
to them or anyone of them, in any acts relating to that court; in
going there, while sitting or while standing. And it is distinctly
declared that especially the king of Bohemia shall, in the holding
of such courts, in each and every place and act aforesaid, immutably
precede any other king, with whatsoever special prerogative of
dignity he may be adorned, no matter what the occasion or cause for
which he may happen to come or to be present.
7. Concerning the successors of the princes.
Among those innumerable cares for the well-being of the holy empire
over which we, by God's grace, do happily reign-cares which daily
try our heart,-our thoughts are chiefly directed to this: that
union, desirable and always healthful, may continually flourish
among the prince electors of the holy empire, and that the hearts of
those men may be preserved in the concord of sincere charity, by
whose timely care the disturbances of the world are the more easily
and quickly allayed, the less error creeps in among them, and the
more purely charity is observed, obscurity being removed and the
rights of each one being clearly defined. It is, indeed, commonly
known far and wide, and clearly manifest, as it were, throughout the
whole world, that those illustrious men the king of Bohemia and the
count palatine of the Rhine, the duke of Saxony and the margrave of
Brandenburg, have-the one by reason of his kingdom, the others of
their principalities, -together with the ecclesiastical princes
their co-electors, their right, vote and place in the election of
the king of the Romans and prospective emperor. And, together with
the spiritual princes, they are considered and are the true and
lawful. prince electors of the holy empire. Lest, in future, among
the sons of these same secular prince electors, matter for scandal
and dissension should arise concerning the above right, vote and
power, and the common welfare be thus jeopardized by dangerous
delays, we, wishing by God's help to wholesomely obviate future
dangers, do establish with imperial authority and decree, By the
present ever-to-be-valid law, that when these same secular prince
electors, or any of them, shall die, the right, vote and power of
thus electing shall, freely and without the contradiction of any
one, devolve on his first born, legitimate, lay son; but, if he be
not living, on the son of this same first born son, if he be a
layman. If, however, such first born son shall have departed from
this world without leaving male legitimate lay heirs,-by virtue of
the present imperial edict, the right, vote and aforesaid power of
electing shall devolve upon the elder lay brother descended by the
true paternal line, and thence upon his first born lay son. And such
succession of the first born sons, and of the heirs of these same
princes, to their right, vote and power, shall be observed in all
future time; under such rule and condition, however, that if a
prince elector, or his first born or eldest lay son, should happen
to die leaving male, legitimate, lay heirs who are minors, then the
eldest of the brothers of that elector, or of his first born son,
shall be their tutor and administrator until the eldest of them
shall have attained legitimate age. Which age we wish to have
considered, and we decree that it shall be considered, eighteen full
years in the case of prince electors; and, when they shall have
attained this, the guardian shall straightway be obliged to resign
to them completely, together with his office, the right, vote and
power, and all that these involve. But if any such principality
should happen to revert to the holy empire, the then emperor or king
of the Romans should and may to dispose of it as of a possession
which has lawfully devolved upon himself and the empire. Saving
always the privileges, rights and customs of our kingdom of Bohemia
concerning the election, through its subjects, of a king in case of
a vacancy. For they have the right of electing the king of Bohemia;
such election to be made according to the contents of those
privileges obtained from the illustrious emperors or kings of the
Romans, and according to long observed custom; to which privileges
we wish to do no violence by an imperial edict of this kind. On the
contrary we decree that, now and in all future time, they shall have
undoubted power and validity as to all their import and as to their
form.
8. Concerning the immunity of the king of Bohemia and his
subjects.
Inasmuch as, through our predecessors the divine emperors and kings
of the Romans, it was formerly graciously conceded and allowed to
our progenitors and predecessors the illustrious kings of Bohemia,
also to the kingdom of Bohemia and to the crown of that same
kingdom; and was introduced, without hindrance of contradiction or
interruption, into that kingdom at a time to which memory does not
reach back, by a laudable custom preserved unshaken by length of
time, and called for by the character of those who enjoy it; that no
prince, baron, noble, knight, follower, burgher, citizen-in a word
no person belonging to that kingdom and its dependencies wherever
they may be, no matter what his standing, dignity, pre-eminence, or
condition-might, or in all future time may, be cited, or dragged or
summoned, at the instance of any plaintiff whatsoever, before any
tribunal beyond that kingdom itself other than that of the king of
Bohemia and of the judges of his royal court: therefore of certain
knowledge, by the imperial authority and from the plenitude of
imperial power, we renew and also confirm such privilege, custom and
favour; and by this our imperial forever-to be-valid edict do decree
that if, contrary to the said privilege, custom, or favour, any one
of the foregoing-namely, any prince, baron, noble, knight, follower,
citizen, burgher, or rustic, or any aforementioned person
whatever-at any time be cited in any civil, criminal, or mixed case,
or concerning any matter, before the tribunal of any one outside the
said-kingdom of Bohemia, he shall not at all be bound to appear when
summoned, or to answer before the court. But if it shall chance
that, against any such person or persons not appearing, by any judge
outside of that kingdom of Bohemia no matter what his authority,
judicial proceedings are instituted, a trial is carried on, or one
or more intermediate or final sentences are passed and promulgated:
by the aforesaid authority, and also from the plentitude of the
aforesaid imperial power, we declare utterly vain, and do annul such
citations, commands, proceedings and sentences, also the carrying
out of them and everything which may in any way be attempted or done
in consequence of them or any one of them. And we expressly add and,
by the same authority and from the fulness of the aforesaid power,
do decree by an ever-to-be-valid imperial edict that, just as it has
been continually observed from time immemorial in the aforesaid
kingdom of Bohemia, so, henceforth, no prince, baron, noble, knight,
follower, citizen, burgher, or rustic-in short no person or
inhabitant of the oft-mentioned kingdom of Bohemia, whatever be his
standing, pre-eminence, dignity, or condition-may be allowed to
appeal to any other tribunal from any proceedings, provisional or
final sentences, or ordinances of the king of Bohemia or of his
judges, instituted or promulgated, or henceforth to be instituted or
promulgated against him, in the royal court or before tribunals of
the king, the kingdom or the aforesaid judges. Nor may he appeal
against the putting into execution of the same Provocations or
appeals of this kind, moreover, if any, contrary to this edict,
should chance to be brought, shall of their own accord be invalid;
and those appealing shall know that, by the act itself, they have
incurred the penalty of loss of their case.
9. Concerning mines of gold, silver and other specie.
We establish by this ever-to-be-valid decree, and of certain
knowledge do declare that our successors the kings of Bohemia, also
each and all future prince electors, ecclesiastical and secular, may
justly hold and lawfully possess- with all their rights without
exception, according as such things can be, or usually have been
possessed-all the gold and silver mines and mines of tin, copper,
lead, iron and any other kind of metal, and also of salt: the king,
those which have been found, and which shall at any future time be
found, in the aforesaid kingdom and the lands and dependencies of
that kingdom,-and the aforesaid electors in their principalities,
lands, domains and dependencies. And they may also have the Jew
taxes and enjoy the tolls which have been decreed and assigned to
them in the past, and whatever our progenitors the kings of Bohemia
of blessed memory, and these same prince electors and their
progenitors and predecessors shall have legally possessed until now;
as is known to have been observed by ancient custom, laudable and
approved, and sanctioned by the lapse of a very long period of time.
10. Concerning money.
(1) We decree, moreover, that our successor, the king for the time
being of Bohemia, shall have the same right which our predecessors
the kings of Bohemia of blessed memory are known to have had, and in
the continuous peaceful possession of which they remained: the
right, namely, in every place and part of their kingdom, and of the
lands subject to them, and of all their dependencies- wherever the
king himself may have decreed and shall please-of coining gold and
silver money and of circulating it in every way and manner observed
up to this time in this same kingdom of Bohemia in such matters. (2)
And, by this our imperial ever-to-be-valid decree and favour we
establish, that all future kings of Bohemia forever shall have the
right of buying or purchasing, or of receiving in gift or donation
for any reason, or in bond, from any princes, magnates, counts or
other persons, any lands, castles, possessions, estates or goods,
under the usual conditions with regard to such lands, castles,
possessions, estates or goods: that, namely, alods shall be bought
or received as alods, freeholds as freeholds; that holdings in
feudal dependency shall be bought as fiefs, and shall be held as
such when bought. In such wise, however, that the kings of Bohemia
shall themselves be bound to regard and to render to the holy empire
its pristine and customary rights over these things (lands, etc.)
which they shall, in this way, have bought or received, and have
seen fit to add to the kingdom of Bohemia. (3) We will, moreover,
that the present decree and favour, by virtue of this our present
imperial law, be fully extended to all the elector princes,
ecclesiastical as well as secular, and to their successors and
lawful heirs, under all the foregoing forms and conditions.
11. Concerning the immunity of the prince electors.
We also decree that no counts, barons, nobles, feudal vassals,
knights of castles, followers, citizens, burghers- indeed, no male
or female subjects at all of the Cologne, Mainz and Treves churches,
whatever their standing, condition or dignity-could in past times,
or may or can in future be summoned at the instance of any plaintiff
whatsoever, beyond the territory and boundaries and limits of these
same churches and their dependencies, to any other tribunal or the
court of any other person than the archbishops of Mainz, Treves and
Cologne and their judges. And this we find was the observance in the
past. But if contrary to our present edict, one or more of the
aforesaid subjects of the Treves, Mainz or Cologne churches should
chance to be summoned, at the instance of any one whatever, to the
tribunal of any one beyond the territory, limits or bounds of the
said churches or of any one of them, for any criminal, civil or
mixed case, or in any matter at all: they shall not in the least be
compelled to appear or respond. And we decree that the summons, and
the proceedings, and the provisional and final sentences already
sent or passed, or in future to be sent or passed against those not
appearing, by such extraneous judges, -furthermore their ordinances,
and the carrying out of the above measures, and all things which
might come to pass, be attempted or be done through them or any one
of them, shall be void of their own accord. And we expressly add
that no count, baron, noble, feudal vassal, knight of a castle,
citizen, peasant-no person, in short, subject to such churches or
inhabiting the lands of the same, whatever be his standing, dignity
or condition-shall be allowed to appeal to any other tribunal from
the proceedings, the provisional and final sentences, or the
ordinances-or the putting into effect of the same-of such
archbishops and their churches, or of their temporal officials, when
such proceedings, sentences or ordinances shall have been, or shall
in future be held, passed or made against him in the court of the
archbishops or of the aforesaid officials. Provided that justice has
not been denied to those bringing plaint in the courts of the
aforesaid archbishops and their officials. But appeals against this
statute shall not, we decree, be received; we declare them null and
void. In case of defect of justice, however, it is allowed to all
the aforementioned persons to appeal, but only to the imperial court
and tribunal or directly to the presence of the judge presiding at
the time in the imperial court. And, even in case of such defect,
those to whom justice has been denied may not appeal to any other
judge, whether ordinary or delegated. And whatever shall Have been
done contrary to the above shall be void of its own accord. And, by
virtue of this our present imperial law, we will that this statute
be fully extended, under all the preceding forms and conditions, to
those illustrious men the count palatine of the Rhine, the duke of
Saxony, the margrave of Brandenburg,-the secular or lay prince
electors, their heirs, successors and subjects.
12. Concerning the coming together of the princes.
In view of the manifold cares of state with which our mind is
constantly distracted, after much consideration our sublimity has
found that it will be necessary for the prince electors of the holy
empire to come together more frequently than has been their custom,
to treat of the safety of that same empire and of the world. For
they, the solid bases and immovable columns of the empire, according
as they reside at long distances from each other, just so are able
to report and confer concerning the impending defects of the
districts known to them, and are not ignorant how, by the wise
counsels of their providence, they may aid in the necessary
reformation of the same. Hence it is that, in the solemn court held
by our highness at Nuremberg together with the venerable
ecclesiastical and illustrious secular prince electors, and many
other princes and nobles, we, having deliberated with those same
prince electors and followed their advice, have seen fit to ordain,
together with the said prince electors, ecclesiastical as well as
secular, for the common good and safety: that these same prince
electors, once every year, when four weeks, counting continuously
from the Easter feast of the Lord's resurrection, are past, shall
personally congregate in some city of the holy empire; and that when
next that date shall come round, namely, in the present year, a
colloquium, or court, or assembly of this kind, shall be held by us
and these same princes in our imperial city of Metz. And then, and
henceforth on any day of an assembly of this kind, the place where
they shall meet the following year shall be fixed upon by us with
their counsel. And this our ordinance is to endure just so long as
it may be our and their good pleasure. And, so long as it shall
endure, we take them under our imperial safe conduct when going to,
remaining at, and also returning from said court. Moreover, lest the
transactions for the common safety and peace be retarded, as is
sometimes the case, by the delay and hinderance of diversion or the
excessive Frequenting of feasts, we have thought best to ordain, by
concordant desire, that henceforth, while the said court or
congregation shall last, no one may be allowed to give general
entertainments for all the princes. Special ones, however, which do
no impede the transaction of business, may be permitted in
moderation.
13. Concerning the revocation of privileges.
Moreover we establish, and by this perpetual imperial edict do
decree, that no privileges or charters concerning any rights,
favours, immunities, customs or other things, conceded, of our own
accord or otherwise, under any form of words, by us or our
predecessors of blessed memory the divine emperors or kings of the
Romans, or about to be conceded in future by us or our successors
the Roman emperors and kings, to any persons of whatever standing,
pre-eminence or dignity, or to the corporation of cities, towns, or
any places: shall or may, in any way at all, derogate from the
liberties, jurisdictions, rights, honours or dominions of the
ecclesiastical and secular prince electors; even if in such
privileges and charters of any persons, whatever their pre-eminence,
dignity or standing, as has been said, or of corporations of this
kind, it shall have been, or shall be in future, expressly cautioned
that they shall not be revokable unless, concerning these very
points and the whole tenor included in them, special mention word
for word and in due order shall be made in such revocation. For such
privileges and charters, if, and in as far as, they are considered
to derogate in any way from the liberties, jurisdictions, rights,
honours or dominions of the said prince electors, or any one of
them, in so far we revoke them of certain knowledge and cancel them,
and decree, from the plenitude of our imperial power, that they
shall be considered and held to be revoked.
14. Concerning those from whom, as being unworthy, their feudal
Possessions are taken away.
In very many places the vassals and feudatories of lords
unseasonably renounce or resign, verbally and fraudulently, fiefs or
benefices which they hold from those same lords. And, having made
such resignation, they maliciously challenge those same lords, and
declare enmity against them, subsequently inflicting grave harm upon
them. And, under pretext of war or hostility, they again invade and
occupy benefices and fiefs which they had thus renounced, and hold
possession of them. Therefore we establish, by the present
ever-to-be-valid decree, that such renunciation or resignation shall
be considered as not having taken place, unless it shall have been
freely and actual]v Elude by them in such way that possession of
such benefices and fiefs shall be personally and actually given over
to those same lords so fully that, at no future time, shall they,
either through themselves or through others, by sending challenges,
trouble those same lords as to the goods, fiefs or benefices
resigned; nor shall they lend counsel, aid or favour to this end. He
who acts otherwise, and in any way invades his lords as to benefices
and fiefs, resigned or not resigned, or disturbs them, or brings
harm upon them, or furnishes counsel, aid or favour to those doing
this: shall, by the act itself, lose such fiefs and benefices, shall
be dishonoured and shall underlie the bann of the empire; and no
approach or return to such fiefs or benefices shall be open to him
at any time in future, nor may the same be granted to him anew under
any conditions; and a concession of them, or an investiture which
takes place contrary to this, shall have no force. Finally, by
virtue of this present edict, we decree I that he or they who, not
having made such resignation as I we have described, acting
Fraudulently against his or their lords, shall knowingly invade
them-whether a challenge has previously been sent or has been
omitted,-shall, by the act itself, incur all the aforesaid
punishments.
15. Concerning conspiracies.
Furthermore we reprobate, condemn, and of certain knowledge declare
void, all conspiracies, detestable and frowned upon by the sacred
laws and conventicles, or unlawful assemblies in the cities and out
of them, and associations between city and city, between person and
person or between a person and a city, under pretext of clientship,
or reception among the citizens, or of any other reason; furthermore
the confederations and pacts-and the usage which has been introduced
with regard to such things, which we consider to be corruption
rather than any thing else-which cities or persons, of whatever
dignity, condition or standing, shall have thus far made and shall
presume to make in future, whether among themselves or with others,
without the authority of the lords whose subjects or serving-men
they are, those same lords being expressly excluded. And it is clear
that such are prohibited and declared void by the sacred laws of the
divine emperors our predecessors. Excepting alone those
confederations and leagues which princes, cities and others are
known to have formed among themselves for the sake of the general
peace of the provinces and lands. Reserving these for our special
declaration, we ordain that they shall remain in full vigour until
we shall decide to ordain otherwise concerning them. And we decree
that, henceforth, each individual person who, contrary to the tenor
of the present decree, and of the ancient law issued re~arding this,
shall presume to enter into such confederations, leagues,
conspiracies and pacts, shall incur, besides the penalty of that
law, a mark of infamy and a penalty of ten pounds of gold. But a
city or community similarly breaking this our law shall, we decree,
by the act itself incur the penalty of a hundred pounds of gold, and
also the loss and privation of the imperial liberties and
privileges; one half of such pecuniary penalty to go to the imperial
fisc, the other to the territorial lord to whose detriment the
conspiracies, etc., were formed.
16. Concerning pfalburgers.
Moreover since some citizens and subjects of princes, barons and
other men-as frequent complaint has shown us,-seeking to cast off
the yoke of their original subjection, nay, with bold daring
despising it, manage, and frequently in the past have managed to be
received among the citizens of other cities; and, nevertheless,
actually residing in the lands, cities, towns and estates of the
former lords whom they so fraudulently presume or have presumed to
desert, succeed in enjoying the liberties of the cities to which
they thus transfer themselves and in being protected by them-being
what is usually called in common language in Germany "pfalburgers":
therefore, since fraud and deceit ought not to shelter any one, from
the plenitude of the imperial power and by the wholesome advice of
all the ecclesiastical and secular prince electors, we establish of
certain knowledge, and, by the present ever-to-be-valid law do
decree, that in all territories, places, and provinces of the holy
empire, from the present day on, the aforesaid citizens and subjects
thus eluding those under whom they are, shall in no way possess the
rights and liberties of those cities among whose citizens they
contrive, or have contrived, by such fraudulent means to be
received; unless, bodily and actually going over to such cities and
there taking up their domicile, making a continued, true and not
fictitious stay, they submit to their due burdens and municipal
functions in the same. But if any, contrary to the tenor of our
present law, have been, or shall in future be received as citizens,
their reception shall lack all validity, and the persons received,
of whatever condition, or standing they may be shall, in no case or
matter whatever, in any way exercise or enjoy the rights and
liberties of the cities into which they contrive to be received. Any
rights, privileges, or observed customs, at whatever time obtained,
to the contrary notwithstanding; all of which, in so far as they are
contrary to our present law, we, by these presents, revoke of
certain knowledge, decreeing from the plenitude of the aforesaid
imperial power that they lack all force and validity. For in all the
aforesaid respects, the rights of the princes, lords and other men
who chance, and shall in future chance, to be thus deserted, over
the persons and goods of any subjects deserting them in the
oft-mentioned manner, shall always be regarded. We decree, moreover,
that those who, against the ordering of our present law, shall
presume, or shall in the past have presumed, to receive the
oft-mentioned citizens and subjects of other men, if they do not
altogether dismiss them within a month after the present intimation
has been made to them, shall, for such transgression, as often as
they shall hereafter commit it, incur a fine of a hundred marks of
pure gold, of which one half shall be applied without fail to our
imperial fisc, and the rest to the lords of those who have been
received as citizens.
17. Concerning challenges of defiance.
We declare that those who, in future, feigning to have just cause of
defiance against any persons, unseasonably challenge them in places
where they do not have their domicile, or which they do not inhabit
in common, cannot with honour inflict any harm through fire,
Foliation or rapine, on the challenged ones. And, since fraud and
deceit should not shelter any one, we establish by the present
ever-to-be-valid decree that challenges of this kind, thus made, or
in future to be made by any one against any lords or persons to whom
they were previously bound by companionship, familiarity or any
honest friendship, shall not be valid; nor is it lawful, under
pretext of any kind of challenge, to invade any one through fire,
spoliation or rapine, unless the challenge, three natural days
before, shall have been intimated personally to the challenged man
himself, or publicly in the place where he has been accustomed to
reside, where full credibility can be given, through suitable
witnesses, to such an intimation. Whoever shall presume otherwise to
challenge any one and to invade him in the aforesaid manner, shall
incur, by the very act, the same infamy as if no challenge had been
made; and we decree that he be punished as a traitor by his judges,
whoever they are, with the lawful punishments.
We prohibit also each and every unjust war and feud, and all unjust
burnings, spoliations and rapines, unlawful and unusual tolls and
escorts, and the exactions usually extorted for such escorts, under
the penalties by which the sacred laws prescribe that the foregoing
offenses, and any one of them, are to be punished.
18. Letter of intimation.
To you, illustrious and magnificent prince, lord margrave of
Brandenburg, arch-chamberlain of the holy empire, our co-elector and
most dear friend, we intimate by these presents the election of the
king of the Romans, which is about to take place on account of
rational causes. And, as a duty of our office, we duly summon you to
said election, bidding you within three months, counting
continuously, from such and such a day, yourself, or in the person
of one or more envoys or procurators having sufficient mandates, to
be careful and come to the rightful place, according to the form of
the holy laws issued concerning this, ready to deliberate, negotiate
and come to an agreement with the other princes, yours and our
co-electors, concerning the election of a future king of the Romans
and, by God's favour, future emperor. And be ready to remain there
until the full consummation of such election, and otherwise to act
and proceed as is found expressed in the sacred laws carefully
promulgated concerning this. Otherwise, notwithstanding your or your
envoys' absence, we, together with our other co-princes and
co-electors, shall take final measures in the aforesaid matters,
according as the authority of those same laws has sanctioned.
19. Formula of representation sent by that prince elector who
shall decide to send his envoys to carry on an election.
We . . . such a one by the grace of God, etc., of the holy empire,
etc., do make known to all men by the tenor of these presents, that
since, from rational causes, an election of a king of the Romans is
about to be made, we, desiring to watch with due care over the
honour and condition of the holy empire, lest it be dangerously
subjected to so grave harm, inasmuch as we have the great
confidence, as it were of an undoubted presumption, in the faith and
circumspect zeal of our beloved . . . and . . ., faithful subjects
of ours: do make, constitute and ordain them and each one of them,
completely, in every right, manner and form in which we can or may
do it most efficaciously and effectually, our true and lawful
procurators and special envoys-so fully that the condition of him
who is acting at the time shall not be better than that of the
other, but that what has been begun by one may be finished and
lawfully terminated by the other. And we empower them to treat
wherever they please with the others, our co-princes and
co-electors, ecclesiastical as well as secular, and to agree, decide
and settle upon some person fit and suitable to be elected king of
the Romans, and to be present, treat and deliberate in the
transactions to be carried on concerning the election of such a
person, for us and in our place and name; also, in our stead and
name, to nominate such a person, and to consent to him, and also to
raise him to be king of the Romans, to elect him to the holy empire,
and to take, upon our soul, with regard to the foregoing or any one
of the foregoing, whatever oath shall be necessary, requisite or
customary. And we empower them to substitute altogether, as well as
to recall, one or more other procurators who shall perform each and
every act, included in and concerning the foregoing matters, that
may be needful, useful, or even in any way convenient, even to the
consummation of such negotiations, nomination, deliberation and
impending election. Even if the said matters, or any one of them,
shall require a special mandate; even if they shall turn out to be
greater or more especial than the above mentioned; provided that we
could have performed them ourselves had we been present personally
at the carrying on of such negotiations, deliberation, nomination
and eventual election. And we consider, and wish to consider, and
firmly promise that we always will consider satisfactory and valid
any thing done, transacted or accomplished, or in any way ordained,
in the aforesaid matters or in any one of them, by our aforesaid
procurators or envoys, or their substitutes, or by those whom the
latter shall substitute.
20. Concerning the Laity of the electoral principalities and of
the rights connected with them.
Since each and all the principalities, by virtue of which the
secular prince electors are known to hold their right and vote in
the election of the king of the Romans and prospective emperor, are
so joined and inseparably united with such right of election, also
with the offices, dignities and other rights connected with each and
every such principality and dependent from it, that the right, vote,
office and dignity, and all other privileges belonging to each of
these same principalities may not devolve upon any other than upon
him who is recognized as possessing that principality itself, with
all its lands, vassalages, fiefs and domains, and all its
appurtenances: we decree, by the present ever-to-be valid imperial
edict, that each of the said principalities, with the right and vote
and duty of election, and with all other dignities, rights and
appurtenances concerning the same, ought so to continue and to be,
indivisibly and for all time, united and joined together, that the
possessor of any principality ought also to rejoice in the quiet and
free possession of its right, vote and office, and dignity, and all
the appurtenances that go with it, and to be considered prince
elector by all. And he himself, and no one else, ought at all times
to be called in and admitted by the other prince electors, without
any contradiction whatever, to the election and to all other
transactions to be carried on for the honour or welfare of the holy
empire. Nor, since they are and ought to be inseparable, may any one
of the said rights, etc., be divided from the other, or at any time
be separated, or be separately demanded back, in court or out of it,
or distrained, or, even by a decision of the courts, be separated;
nor shall any one obtain a hearing who claims one without the other.
But if, through error or otherwise, any one shall have obtained a
hearing, or proceedings, judgment, sentence or any thing of the kind
shall have taken place, or shall chance in any way to have been
attempted, contrary to this our present decree: all this, and all
consequences of such proceedings, etc., and of any one of them,
shall be void of their own accord.
21. Concerning the order of marching, as regards the archbishops.
Inasmuch as we saw fit above, at the beginning of our present
decrees, fully to provide for the order of seating of the
ecclesiastical prince electors in council, and at table and
elsewhere, whenever, in future, an imperial court should chance to
be held, or the prince electors to assemble together with the
emperor or king of the Romans-as to which order of seating we have
heard that in former times discussions often arose: so, also, do we
find it expedient to fix, with regard to them, the order of marching
and walking. Therefore, by this perpetual imperial edict, we decree
that, as often as, in an assembly of the emperor or king of the
Romans and of the aforesaid princes, the emperor or king of the
Romans shall be walking, and it shall happen that the insignia are
carried in front of him, the archbishop of Treves shall walk in a
direct diametrical line in front of the emperor or l;ing, and those
alone shall walk in the middle space between them, who shall happen
to carry the imperial or royal insignia. When, however, the emperor
or king shall advance without those same insignia, then that same
archbishop shall precede the emperor or king in the aforesaid
manner, but so that no one at all shall be in the middle between
them; the other two archiepiscopal electors always keeping their
places-as with regard to the seating above explained, so with regard
to walking-according to the privilege of their provinces.
22. Concerning the order of proceeding of the prince electors,
and by whom the insignia shall be carried.
In order to fix the order of proceeding, which we mentioned above,
of the prince electors in the presence of the emperor or king of the
Romans when he is walking, we decree that, so often as, while
holding an imperial court, the prince electors shall, in the
performance of any functions or solemnities, chance to walk in
procession with the emperor or king of the Romans, and the imperial
or royal insignia are to be carried: the duke of Saxony carrying the
imperial or royal sword, shall directly precede the emperor or king,
and shall place himself in the middle between him and the archbishop
of Treves. But the count palatine, carrying the imperial orb, shall
march in the same line on the right side, and the margrave of
Brandenburg, bearing the sceptre, on the left side of the same duke
of Saxony. But the king of Bohemia shall directly follow the emperor
or king himself, no one intervening.
23. Concerning the benedictions of the archbishops in the
presence of the emperor.
Furthermore, so often as it shall come to pass that the ceremony of
the mass is celebrated in the presence of the emperor or king of the
Romans and that the archbishops of Mainz, Treves and Cologne, or two
of them, are present, -in the confession which is usually said
before the mass, and in the presenting of the gospel to be kissed,
and in the blessing to be said after the i' A gnus Dei," also in the
benedictions to be said after the end of the mass, and also in those
said before meals, and in the thanks to be offered after the food
has been partaken of, the following order shall be observed among
them, as we have seen fit to ordain by their own advice: namely, on
the first day each and all of these shall be done by the first of
the archbishops, on the second by the second, on the third, by the
third. But we will that first, second and third shall be understood
in this case, according as each one of them was consecrated at an
earlier or later date. And, in order that they may mutually make
advances to each other with worthy and becoming honour, and may give
an example to others of mutual respect, he whose turn it is
according to the aforesaid, shall, without regard to that fact, and
with charitable intent, invite the other to officiate; and, not till
he has done this, shall he proceed to perform the above, or any of
the above functions.
24.
(1) If any one, together with princes, knights or pri. vases or also
any plebeian persons, shall enter into an unhallowed conspiracy, or
shall take the oath of such conspiracy, concerning the death of our
and the holy Roman empire's venerable and illustrious prince
electors, ecclesiastical as well as secular, or of any one of
them-for they also are part of our body; and the laws have decided
that the intention of a crime is to be punished with the same
severity as the carrying out of it:-he, indeed, shall die by the
sword as a traitor, all his goods being handed over to our fisc. (2)
But his sons, to whom, by special imperial lenity, we grant their
life-for those ought to perish by the same punishment as their
father, whose portion is the example of a paternal, that is of a
hereditary crime-shall be without share in any inheritance or
suceession from the mother 'or grandparents, or even from relatives;
they shall receive nothing from other people's wills, and shall be
always poor and in want; the infamy of their father shall always
follow them, and they shall never achieve any honour or be allowed
to take any oath at all; in a word they shall be such that to them,
grovelling in perpetual misery, death shall be a solace and life a
punishment. (3) Finally we command that those shall be made
notorious, and shall be without pardon who shall ever try to
intervene with us for such persons. (4) But to the daughters, as
many of them as there are, of such conspirators, we will that there
shall go only the "falcidia"-the fourth part of the property of the
mother if she die intestate; so that they may rather have the
moderate alimony of a daughter, than the entire emolument or name of
an heir;-for the sentence ought to be milder in the case of those
who, as we trust, on account of the infirmity of their sex, are less
likely to make daring attempts. (I) Deeds of gift, moreover, made
out to either sons or daughters by the aforesaid persons, after the
passing of this law, shall not be valid. (6) Dotations and donations
of any possessions; likewise, in a word, all transfers which shall
prove to have been made, by any fraud or by right, after the time
when first the aforesaid people conceived the idea of entering into
a conspiracy or union, shall, we decree, be of no account. (7) But
the wives of the aforesaid conspirators, having recovered their
dowry-if they shall be in a condition to reserve for their children
that which they shall have received from their husbands under the
name of a gift,-shall know that, from the time when their usufruct
ceases, they are to leave to our fisc all that which, according to
the usual law, was due to their children. (8) And the fourth part of
such property shall be put aside for the daughters alone, not also
for the sons. (9) That which we have provided concerning the
aforesaid conspirators and their children, we also decree with like
severity, concerning their followers, accomplices and aiders, and
the children of these. (10) But if any one of these, at the
beginning of the formation of a conspiracy, inflamed by zeal for the
right kind of glory, shall himself betray the conspiracy, he shall
be enriched by us with reward and honour; he, moreover, who shall
have been active in the conspiracy, if, even late, he disclose
secret plans which were, indeed, hitherto unknown,- t. shall
nevertheless be deemed worthy of absolution and pardon. (11) We
decree, moreover, that if anything be said to have been committed
against the aforesaid prince electors, ecclesiastical or
secular,-even after the death of the accused that charge can be
instituted.' (12) Likewise in such a charge, which regards high
treason against his prince electors, slaves shall be tortured even
in a case concerning the life of their master. (13) We will,
furthermore, and do decree by the present imperial edict, that even
after the death of the guilty persons this charge can be instituted,
and, if some one already convicted die, his memory shall be
condemned and Lois goods taken away from his heirs. (14) For from
the time when any one conceived so wicked a plot, from then on he
has to some extent been punished mentally; but from the time when
any one drew down upon himself such a charge, we decree that he may
neither alienate nor release, nor may any debtor lawfully make
payment to him. (15) For in this case we decree that slaves may be
tortured in a matter involving the life of their master; that is, in
the case of a damnable conspiracy against the prince electors,
ecclesiastical and secular, as has been said before. (16) And if any
one should die, on account of the uncertain person of his successor
his goods shall be held, if he be proved to have died in a case of
this kind.
25.
If it is fitting that other principalities be preserved in their
entirety, in order that justice may be enforced and faithful
subjects rejoice in peace and quiet: much more ought the magnificent
principalities, dominions, honours and rights of the elector princes
to be kept intact-for where greater danger is imminent a stronger
remedy should be applied,-lest, if the columns fall, the support of
the whole edifice be destroyed. We decree, therefore, and sanction,
by this edict to be perpetually valid, that from now on unto all
future time the distinguished and magnificent principalities, viz.:
the kingdom of Bohemia, the county palatine of the Rhine, the duchy
of Saxony and the margravate of Brandenburg, their lands,
territories, homages or vassalages, and any other things pertaining
to them, may not be cut, divided, or under any condition
dismembered, but shall remain forever in their perfect entirety. The
first born son shall succeed to them, and to him alone shall
jurisdiction and dominion belong, unless he chance to be of unsound
mind, or idiotic, or have some other marked and known defect on
account of which he could not or should not rule over men. In which
case, he being prevented from succeeding, we will that the second
born, if there should be one in that family, or another elder
brother or lay relative, the nearest on the father's side in a
straight line of descent, shall have the succession. He, however,
shall always show himself clement and gracious to the others, his
brothers and sisters, according to the favour shown him by God, and
according to his best judgment and the amount of his
patrimony,-division, partition or dismemberment of the principality
and its appurtenances being in every way forbidden to him.
On the day upon which a solemn imperial or royal court is to be
held, the ecclesiastical and secular prince electors shall, about
the first hour, come to the imperial or royal place of abode, and
there the emperor or king shall be clothed in all the imperial
insignia; and, mounting their horses, all shall go with the emperor
or king to the place fitted up for the session, and each one of them
shall go in the order and manner fully defined above in the law
concerning the order of marching of those same prince electors. The
arch-chancellor, moreover, in whose arch-chancellorship this takes
place, shall carry, besides the silver staff, all the imperial or
royal seals and signets. But the secular prince electors, according
to what has above been explained, shall carry the sceptre, orb and
sword. And immediately before the archbishop of Treves, marching in
his proper place, shall be carried first the crown of Aix and second
that of Milan: and this directly in front of the emperor already
resplendent with the imperial adornments; and these crowns shall be
carried by some lesser princes, to be chosen for this by the emperor
according to his will. The empress, moreover, or queen of the
Romans, clad in her imperial insignia, joined by her nobles and
escorted by her maids of honour, shall proceed to the place of
session after the king or emperor of the Romans, and also, at a
sufficient interval of space, after the king of Bohemia, who
immediately follows the emperor.
27. Concerning the offices of the prince electors in the solemn
courts of the emperors or kings of the Romans.
We decree that whenever the emperor or king of the Romans shall hold
his solemn courts, in which the prince electors ought to serve or to
perform their offices, the following order shall be observed in
these matters. First, then the emperor or king having placed himself
on the royal seat or imperial throne, the duke of Saxony shall
fulfil his office in this manner: before the building where the
imperial or royal session is being held, shall be placed a heap of
oats so high that it shall reach to the breast or girth of the horse
on which the duke himself shall sit; and he shall have in his hand a
silver staff and a silver measure, which, together, shall weigh 12
marks of silver; and, sitting upon his horse, he shall first fill
that measure with oats, and shall offer it to the first slave who
appears. This being done, fixing his staff in the oats, he shall
retire; and his vice-marshal, namely, he of Pappenheim,
approaching-or, in his absence,the marshal! of the court,- shall
further distribute the oats. But when the emperor or king shall have
gone into table, the ecclesiastical prince electors-namely the
archbishops,-standing before the table with the other prelates,
shall bless the same according to the order above prescribed; and,
the benediction over, all those same archbishops if they are
present, otherwise two or one, shall receive from the chancellor of
the court the imperial or royal seals and signets, and he in whose
arch chancellorship this court happens to be held advancing in the
middle, and the other two joining him on either side, shall carry
those seals and signets-all touching with their hands the staff on
which they have been suspended-and shall reverently place them on
the table before the emperor or king. The emperor or king, however,
shall straightway restore the same to them, and he in whose
arch-chancellorate this takes place, as has been said, shall carry
the great seal appended to his neck until the end of the meal, and
after that until, riding from the imperial or royal court, he shall
come to his dwelling place. The staff, moreover, that we spoke of
shall be of silver, equal in weight to twelve marks of slaver; of
which silver, and of which price, each of those same archbishops
shall pay one third; and that staff afterwards, together well the
seals and signets, shall be assigned to the chancellor of the
imperial court to be put to what use he pleases. But after he whose
turn it has been, carrying the great seal, shall, as described, have
returned from the imperial court to his dwelling place, he shall
straightway send that seal to the said chancellor of the imperial
court. This he shall do through one of his servants riding on such a
horse as, according to what is becoming to his own dignity, and
according to the love which he shall bear to the chancellor of the
court, he shall be bound to present to that chancellor.
Then the margrave of Brandenburg, the arch-chamberlain, shall
approach on horseback, having in his hands silver basins with water,
of the weight of twelve marks of silver, and a beautiful towel; and,
descending from his horse, he shall present the water to the lord
emperor or king of the Romans to wash his hands.
The count palatine of the Rhine shall likewise enter on horseback,
having in his hands four silver dishes filled with food, of which
each one shall be worth three marks; and, descending from his horse,
he shall carry them and place them on the table before the emperor
or king
After this, likewise on horseback, shall come the king of Bohemia,
the arch-cupbearer, carrying in his hands a silver cup. or goblet of
the weight of twelve marks, covered, filled with a mixture of wine
and water; and, descending from his horse, he shall offer that cup
to the emperor or king of the Romans to drink from.
Moreover, as we learn it to have hitherto been observed so we
decree, that, after their aforesaid offices have been performed by
the secular prince electors, he of Falkenstein the sub-chamberlain,
shall receive for himself the horse and basins of the margrave of
Brandenburg; he of Northemburg, master of the kitchen, the horse and
dishes of the count palatine; he of Limburg, the vice-cupbearer, the
horse and cup of the king of Bohemia; he of Pappenhelm, the
vice-marshal, the horse, staff and aforesaid measure of the duke of
Saxony. That is, if these be present at such imperial or royal
court, and if each one of them minister in his proper office. But if
they, or any one of them, should see fit to absent themselves from
the said court, then those who daily minister at the imperial or
royal court shall, in place of the absent ones,-each one, namely, in
place of that absent one with whom he has his name and office in
common,-enjoy the fruits with regard to the aforesaid functions,
inasmuch as they perform the duties.
28.
Moreover the imperial or royal table ought so to be arranged that it
shall be elevated above the other tables in the hall by a height of
six feet. And at it, on the day of a solemn court, shall sit no one
at all except alone the emperor or king of the Romans.
But the seat and table of the empress or queen shall be prepared to
one side in the hall, so that that table shall be three feet lower
than the imperial or royal table, and as many feet higher than the
seats of the prince electors; which princes shall have their seats
and tables at one and the same altitude among themselves.
Within the imperial place of session tables shall be prepared for
the seven prince electors, ecclesiastical and secular,-three,
namely, on the right, and three others on the left, and the seventh
directly opposite the face of the emperor or king, as has above been
more clearly defined by us in the chapter concerning the seating and
precedence of the prince electors; in such wise, also, that no one
else, of whatever dignity or standing he may be, shall sit among
them or at their table.
Moreover it shall not be allowed to any one of the aforesaid secular
prince electors, when the duty of his office has been performed, to
place himself at the table prepared for him so long as any one of
his fellow prince electors has still to perform his office. But when
one or more of them shall have finished their ministry, they shall
pass to the tables prepared for them, and, standing before them,
shall wait until the others have fulfilled the aforesaid duties; and
then, at length, one and all shall place themselves at the same time
before the tables prepared for them.
29.
We find, moreover, from the most renowned accounts and traditions of
the ancients that, from time immemorial it has been continuously
observed by those who have felicitously preceded us, that the
election of the king of the Romans and future emperor should be held
in the city of Frankfort, and the first coronation in Aix, and that
his first imperial court should be celebrated in the town of
Nuremberg. Wherefore on sure grounds, we declare that the said
usages should also be observed in future, unless a lawful impediment
should stand in the way of them or any one of them. Whenever,
furthermore, any prince elector, ecclesiastical or secular, detained
by a just impediment, and not able to come when summoned to the
imperial court, shall send an envoy or procurator, of whatever
dignity or standing,-that envoy, although, according to the mandate
given him by his master, he ought to be admitted in the place of him
who sends him, shall, nevertheless, not sit at the table or in the
seat intended for him - who sent him.
Moreover when those matters shall have been settled which were at
that time to be disposed of in any imperial or royal court, the
master of the court shall receive for himself the whole structure or
wooden apparatus of the imperial or royal place of session, where
the emperor or lying of the Romans shall have sat with the prince
electors to hold his solemn court, or, as has been said, to confer
fiefs on the princes.
30. Concerning the rights of the officials when princes receive
their fiefs from the emperor or king of the Romans.
We decree by this imperial edict that the prince electors,
ecclesiastical and secular, when they receive their fiefs or regalia
from the emperor or king, shall not at all be bound to give or pay
anything to anybody. For the money which is paid under such a
pretext is due to the officials; but since, indeed, the prince
electors themselves are at the head of all the offices of the
imperial court, having also their substitutes in such offices,
furnished for this by the Roman princes, and paid,-it would seem
absurd if substituted officials, under cover of any excuse whatever,
should demand presents from their superiors; unless, perchance,
those same prince electors, freely and of their own will, should
give them something.
On the other hand, the other princes of the empire, ecclesiastical
or secular,-when, in the aforesaid manner, any one of them receives
his fiefs from the emperor or king of the Romans,-shall give to the
officials of the imperial or royal court 63 marks of silver and a
quarter, unless any one of them can protect himself by an imperial
or royal privilege or grant, and can prove that he has paid or is
exempt from such, or also from any other, payments usually made when
receiving such fiefs. Moreover the master of the imperial or royal
court shall make division of the 631 marks as follows: first
reserving, indeed, 10 marks for himself, he shall give to the
chancellor of the imperial or royal court 10 marks; to the masters,
notaries, copyists, 3 marks; and to the sealer, for wax and
parchment, one quarter. This with the understanding that the
chancellor and notaries shall not be bound to do more than to give
the prince receiving the fief a testimonial to the effect that he
has received it, or a simple charter of investiture.
Likewise, from the aforesaid money, the master of the court shall
give to the cupbearer, him of I`imburg, 10 marks; to the master of
the kitchen, him of Northemburg, 10 marks; to the vice-marshal!, him
of Pappenheim, 10 marks; and to the chamberlain, him of Falkenstein,
10 marks: under the condition, however, that they and each one of
them are present and perform their offices in solemn courts of this
kind. But if they or any one of them shall have been absent, then
the officials of the imperial or royal court who perform these same
offices, shall carry off the reward and the perquisites of those
whose absence they make good, individual for individual, according
as they fill their place, and bear their name, and perform their
task.
When, moreover, any prince, sitting on a horse or other beast, shall
receive his fiefs from the emperor or king, that horse or beast, of
whatever kind he be, shall be the due of the highest marshal-that
is, of the duke of Saxony if he shall be present. otherwise of him
of Pappenheim, his vice-marshal!; or, in his absence, of the
marshal! of the imperial or royal court.
31.
Inasmuch as the majesty of the holy Roman empire has to wield the
laws and the government of diverse nations distinct in customs,
manner of life, and in language, it is considered fitting, and, in
the judgment of all wise men, expedient, that the prince electors,
the columns and sides of that empire, should be instructed in the
varieties of the different dialects and languages: so that they who
assist the imperial sublimity in relieving the wants of very many
people, and who are constituted for the sake of keeping watch,
should understand, and be understood by, as many as possible.
Wherefore we decree that the sons, or heirs and successors of the
illustrious prince electors, namely of the king of Bohemia, the
count palatine of the Rhine, the duke of Saxony and the margrave of
Brandenburg-since they are expected in all likelihood to have
naturally acquired the German language, and to have been taught it
from their infancy,-shall be instructed in the grammar of the
Italian and Slavic tongues, beginning with the seventh Year of their
age. so that, before the fourteenth year of their age, they may be
learned in the same according to the grace granted them by God. For
this is considered not only useful, but also, from the
aforementioned causes, highly necessary, since those languages are
wont to be very much employed in the service and for the needs of
the holy empire, and in them the more arduous affairs of the empire
are discussed. And, with regard to the above we lay down the
following mode of procedure to be observed it shall be left to the
option of the parents to send their sons, if they have any-or their
relatives whom they consider as likely to succeed themselves in
their principalities, -to places where they can be taught such
languages, or, in their own homes, to give them teachers,
instructors, and fellow youths skilled in the same, by whose
conversation and teaching alike they may become versed in those
languages.
Henderson's Note
The Golden Bull of 1356, was issued for the purpose of determining
the form for the election and coronation of the emperor, and also of
regulating the duties, rights and privileges of the elector princes.
It distinctly defines to whom the electoral rights belong. There had
been no doubt about the three archbishoprics or about Bohemia, but
disputes had arisen between rival lines both in Saxony and
Brandenburg, and the seventh vote was claimed alike by Bavaria and
by the Palatinate.
To the electors the Golden Bull gave sovereign rights within their
districts. No one could appeal from their decisions; tolls, coinage
and treasure trove were to be their perquisites, and offenses
against their persons were to be punished as high treason. They were
to have an important share in the government of the empire.
The Golden Bull is not a law which introduced new features into the
constitution. It determined, however, a number of questions that had
long been wavering and became an unquestioned authority that was
appealed to for centuries. The election of an emperor took place
according to its articles so long as the empire lasted. It is
important to note that nothing is said concerning the right of the
pope, which had been recognized by Louis of Bavaria, to confirm the
election.
The Golden Bull was oppressive to the lesser nobility as well as to
the cities. The princes who were not electors were now only of
secondary rank, and it was probably at this time that one of them,
Rudolf IVth, Duke of Austria, took the opportunity of forging
privileges to raise his sinking prestige (see above, No. VII.). The
regulations concerning Pfalburgers and confederations were a severe
blow to civic pride — however expedient they may have been,-and the
cities were driven into permanent opposition to the crown. Thus the
Golden Bull served to further a process of disintegration which was
to lead almost to anarchy and to deaden all feeling of loyalty for
the empire.
Source:
Henderson, Ernest F.
Select Historical Documents of the Middle Ages
London : George Bell and Sons, 1896.