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A03490 The Golden bull: or, The fundamentall lavves and constitutions of the Empire Shewing, the persons and priuiledges of the princes electors, the manner of the election, the forme and ceremonies thereof, with other politique orders to be obserued by the states and subiects of the Empire, which shall bee assembed at Francford (for the election of the now next emperour) the tenth day of Iuly next ensuing. 1619.; Bulla Aurea. English Holy Roman Empire. 1619 (1619) STC 13611; ESTC S104148 28,314 60

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shall be voyde and of no effect Lastly wee will and ordaine that they or any of them that shall not fraudulently make such resignations vnto their Lords and yet afterward trouble them for the same or fraudulently making them wilfully molest inuade and assaile them by force of this our-imperiall decree shall incurre all the penalties aforesaid Of Conspiracies FVrther detesting as our Lawes import all conspiracies assemblies or vnlawfull confederations made either in or out of Cities or betweene Cities and Cities persons and persons or persons priuate and Cities vnder pretence of banquets or meetings of friends and Citizens at funerall feasts c. those kinde of assemblies confederations or compacts as also the customes of the same we censure to be corrupt and doe reprooue condemne and vpon good aduice disallow and disanull them of what estate dignitie or degree soeuer they be either among themselues or without the authoritie of the Lords whose subiects or ministers or vnder whose Iurisdictions they are their said Lords not excepted or shall from henceforth doe or in time to come presume to doe as by the sacred Lawes of our excellent imperiall predecessors they are without doubt prohibited and disanulled those confederacies and Lawes excepted which Princes Cities and others for the generall peace of their Prouinces and Countries shall make conclude and agree vpon among themselues which being in our Decree specially reserued we iudge to be and remaine in force and vigour vntil by vs other order shall be taken for the same And conclude that if any particular person contrary to the tenor of this our Decree and the ancient Lawes made concerning the same shall hereafter enter into any other confederacies meetings conspiracies and compacts besides the penalties for the same set downe in the Lawes they shall incurre the danger of infamie and the forfeiture of ten pounds and those Cities or Vniuersities that shall in that case doe contrary to our said Lawes the forfeiture of an hundred pounds together with the losse and depriuation of their Imperiall liberties and priuiledges the one halfe of their said forfeitures to be payd into the Emperours Exchequer and the other halfe to the Lord of the place in whose Iurisdiction the same was committed Of Psalburgerie BEcause no Citizens and Subiects to Princes Barons or such like persons shall seeke to cast off the originall yoke of subiection as they oftentimes doe complaine thereof vnto vs and to that end boldely procure their admission to dwell and inhabite in other Cities and often in times past practised the same and neuerthelesse still hold their Priuiledges in those Cities Lands Townes and Villages wherein they formerly resided and yet seeke to enioy the Liberties and Freedomes of those places whereunto they so remoue and claime protection of the same which in Germany was wont commonly to be called Psalburgerie To the end that no deceit nor guile should in such cases be fauoured or vpholden by our Imperiall power together with the counsell and aduice of all the Princes Electors both Spirituall and Temporall we will and ordaine this Law perpetually to be holden That such Citizens and their Subiects so deluding or fraudulently dealing in all the territories places and prouinces of the Empire from this day forward as so fraudulently procure and hereafter shall procure themselues to be entertained and to dwell in other cities shall not in the same Cities enioy any rights or liberties whatsoeuer vnlesse they dwell corporally in the said Citie and therein continually keep house and truly and not fainedly reside in the same paying Lot and Scot due and payable therein And if any contrary to the tenour of this our Decree are or shall be so receiued from hence-forth such their acceptance or receiuing shall be voyde and of no force and such as are so receiued of what dignitie condition or state soeuer they be from hence-forth in no manner shall enioy any rights or liberties within the saide Cities whatsoeuer notwithstanding any rights priuiledges or customes by them obtained vsed or obserued in former times Which in as much or so farre as they are contrary to this our Decree we doe hereby reuoke and by our Imperiall power and authoritie pronounce them to be voyde of all vigor and force Touching the premises concerning the Princes Lords and others which shall happen so or hereafter to be forsaken by their Subiects their rights in the persons and goods of their Subiects that so shall leaue them alwayes excepted Those neuerthelesse that haue presumed or shall hereafter presume so to receiue and entertaine other mens Citizens and Subiects contrarie to the tenor of this our present Decree If they doe not remit and send them away within one moneth after the intimation of these presents made vnto them shall for euery time so offending forfeit and pay one hundred markes the one halfe into the Emperours Exchequer and the other halfe to the Lords of those that were so receiued without fauour or pardon Of Defiances SVch men as pretend to haue iust cause of Defiance against any man in those places where they dwell not or commonly inhabit and sodainly defie them we declare such dammages as shall happen or arise by burning spoyling or pillage of the parties defied with their honour be satisfied And because other mens fraud and deceit should not be vpholden nor maintained We ordayne this Law for euer to be kept and obserued That such Defiances made or that in time to come shall be made against any Lords or persons with whom they are conuersant familiar and friends shal be of no force nor valew neither shall it bee lawfull vnder any pretence whatsoeuer to defie any man and to spoyle burne and bereaue him of his goods c. vnlesse such defiance be certified and made personally vnto the party defied three dayes before or else in the place where he was wont to dwell and that the party defying can testifie the same Defiance to be so made by lawfull witnesses And whosoeuer shall doe the contrary shall for the same incurre infamie and disgrace as if no defiance had beene made whom we also censure by the Law to be punished as a traitor Wee likewise prohibit and condemne all warre and uniust quarrells euery vnlawfull burnings spoylings pillages vndue and extraordinary toles safe-conducts and such extraordinary exactions as are vsed to be made and taken for such safe-conducts vpon the paines in the Lawes aforesaid and such like ordained and set downe A Letter of Certificate or warning to be giuen to the Electors to assemble about the election of the King of Romaines ILlustrious and magnanimous Prince H. Margraue of Brandenburgh High-Chamberlaine of the Empire Prince Elector and our most especiall friend The election of the King of Romans which for good causes is now to be made we doe by these presents certifie vnto you and according to your office and dutie call you to the Election aforesaid to the end that at such a day
c. within three moneths orderly ensuing one the other eyther you or your deputie or deputies sufficiently authorized may take care to be at the place for the same appoynted according to the Law in the same case prouided there to deliberate conferre and agree with the other Princes our co-Electors vpon the election of the said King of Romaines by Gods helpe to be made Emperour and there to stay and remaine vntill the said election be fully finished and accomplished and to doe and performe all other things thereunto appertaining as by the Laws in that case prouided are set downe wherein we pray you not to faile otherwise notwithstanding yours or your deputies absence wee will with the Princes your co-Electors and ours according to the authoritie in that case prouided by the Law proceede to the Election A forme of a Letter of Depulation to be made by one of the Princes Electors vnto his Deputie or Deputies by him to be sent to the Election VVEe by the grace of God c. of the holie Empire c. by these presents make known vnto all men That forasmuch as the Election of the King of Romaines for certaine speciall causes is to be made wee respecting the honour of the Empire and desiring to further and aduance the same lest it should be neglected or omitted being assured of the fidelitie industrie and circumspection of our louing friend or friends c. and knowing by indubitate presumption the singular confidence of them in generall and of euery one of them in particular so that without contrarietie whatsoeuer one of them shall take in hand the others will agree consent vnto and performe● according to Law and reason in the best manner meanes and forme that we may or can deuise we haue made elected and chosen them to be our lawfull Deputies in any place where-soeuer together with the other Princes our co-Electors aswel ecclesiasticall as temporall to agree and consult vpon some fit person to be chosen King of Romaines and for vs and in our name in the same consultation to be made to name a person and the same to choose to be King of Romaines and after to be Emperour And further in our name to take any necessary due and accustomed oathe in that behalfe vsed or to be vsed as also to make and appoynt one or more deputies in his or their places and them againe to reuoke at his or their willes and pleasures and to doe and performe all other things which in or about the premises vntill the saide consultation deliberation and election be finished and done shal be necessary fit and conuenient as we and in such manner and forme as we may can or might possibly doe if we were personally present at the sayd consultation deliberation nomination and election holding accounting and conferring and by these presents for euer hereafter confirming whatsoeuer our Deputies and Substitutes aforesaid as also their Deputies or Substitutes or euery or any of them in generall or particular shall do act and performe in the premises in what manner soeuer c. Of the order in Procession to be holden by the Arch-bishops electors of the Empire FOr that it is before set downe and declared in the beginning of these our Constitutions what order shall bee helde and obserued by the Ecclesiasticall Princes Electors in sitting and placing themselues in Counsell at the Table and other Solemnities imperiall where the Princes Electors are to goe with sit or accompany the Emperour or the King of Romains wherein we thinke to haue sufficiently declared what shall be done at those times and those places We thinke it conuenient to declare what order shall be vsed by them when the Emperour or the King of Romaines shall goe abroad or in procession Therefore wee ordayne this perpetuall order to be obserued That as often and when as the Emperour or King of Romaines with the said Princes Electors is to goe on procession and that the Banner is to be borne before him the Arch-bishop of Tryer shall goe directly next before the Emperour or the King and he onely that beares the Banner shall goe betweene them And when the Emperor or King goes abroade without the Banner then the said Arch-bishop shall goe in like manner directly before the Emperour or King and no man shall goe betweene them and the other two Arch-bishops Electors shall obserue their places according to the distinction of their Prouinces touching their sitting in places aforesaid formerly declared and so likewise to be obserued in Processions Of the order in Procession to be holden by the temporall Princes Electors and by whom the ensignes of Honour shall be borne TO declare what order is to be vsed when the Emperour or King of Romaines goes in Procession by the secular Princes Electors whereof wee haue formerly spoken We ordaine and appoint that as often as any celebration of the Emperiall assemblies is to be done where the Princes Electors are to accompany the Emperour or King of Romaines when he goeth abroad or on procession and that the imperiall or regall ensignes are to be borne before them the Duke of Saxon bearing the imperiall or regall sword shall goe next before the Emperour or King betweene the Arch-Bishop of Tryer and him the Countie Palatine of the Rhine shall beare the imperiall globe on the right hand the Margraue of Brandenburgh the Scepter on the left hand and the King of Bohemia shall directly goe next behinde the Emperour Of the blessing to be giuen by the Arch-bishops in the Emperours presence AS often as in the Emperours or the King of Romaines presence Masse is to be celebrated that the Arch-bishops of Mentz Tryer and Collen or two of them shall chance to be present at the Confession which is wont to be said before Masse and in reaching or offering the Gospel to be kist and the Pax after the Agnus Dei is borne about as also in the Benediction after the solemnitie of the Masse is finished and likewise before Masse is said and at grace after meate this order shall be obserued among them which by their counsell and aduise we haue set downe that the first day all these things shall be obserued and done by the first the second day by the second and the third day by the third of them and in the absence of the first second or third of them in that case the second shall doe that which the first or the last should haue done and so orderly as it falles out when any of them is not present that they may one after another orderly by course obtaine that honour and giue example vnto others to doe the like when time shall fall out and thereby incite them to the same conniuence and charitable inclination in obseruing the same course If any man shall enter into any wicked conspiracie or faction by oath or promise with any Princes Gentlemen or priuate and common people or shall giue them any counsell or aduise