said Citie vntill or before they or the greater number of them shall haue chosen the ruler or temporall head of Christendome as aforesaid And after that in the same place they or the greater part of them shall haue made their Election the same shall be as lawfull and good as if it had beene made by the voice and consent of them altogether without gaynsaying and so shall be celebrated And if it shall happen that any of the Electors or their deputies aforesaid shall stay longer from comming to Franckford to the Election then the time appointed yet if hee or they shall come thither before the said Election iâ— made wee ordaine and decree that he or they shall neuerthelesse be admitted to the said Election as well as if they had come thither at the first day and time aforesaid which in the same manner wee will and commaund to be continually and perpetually obserued Wee also ordaine and by our imperiall power and authority commaund that hee who in manner aforesaid shall be chosen to be King of Romains the Election being made before hee shall doe any thing or proceed to the ordering of any affaires whatsoeuer touching the Empire by vertue of his place and dignitie of King of Romains he shall by his Letters Patents confirme all the priuiledges rights liberties graunts auncient customes and dignities vnto the Princes Electors both Spirituall and Temporall which are knowne and reputed to be the principallest members of the Empire and whatsoeuer else they shall haue obtained and enioyed in the Empire vntill the day of the Election and when hee shall be crowned Emperour he shall ratefie and confirme the same vnto all the Electors in generall euery one of them in particular without any denyall or contradiction whatsoeuer And in case wheras three Princes Electors present or their deputies in their absence shall together chuse one of the Princes Electors either present or absent to be King of Romains the voyce of him that is Elected if he be present or his deputie in his absence shall be of sufficient power and means to encrease the greater number of the Election and to make the same as effectuall and of as good force as if it had beene made by all the Electors together The manner how the Spirituall Princes Electors shall sit by the Emperâ—ur when he is set in his Imperiall Throne In the name of the holy and inseparable Trinitie Amen CHarles the fourth by the diuine grace of God Emperour of Rome Semper Augustus and King of Bohemia in perpetuall memorie and for the glory and grace of the holy Empire the honour of the Emperour and for an order hereafter to be prescribed to the common-wealth to the end that the most reuerent and illustrious Princes Electors may be maintained in peace and vnity of minde who as principall pillers circumspectly prudently wisely and holily sustaine support and vphold the sacred edifice of the Empire and whose assistances and aydes strengthen and corroborate the right hand of the imperiall power and how much the more by mutuall fauour and ample dignitie they are vnited together so much the more peace and tranquility and commodity the people of Christendome thereby obtaine and enioy therefore that among the venerable Arch-Bishops and Prelates of Mentz Collen and Tryer Princes Electors of the sacred Empire all dissention suspition and contention touching Superiority or sitting in counsell in the imperiall Courts and resorts that may arise or grow hereafter may be cut off and ceased and that they being peaceable and quiet in minde may the better and freelyer consider of the important affaires of the Empire and with one will and consent and vnity meditate thereon for the consolation and comfort of the christian people By the counsell and deliberation of all the Princes Electors both spirituall and temporall wee Decree and by our imperiall power and authoritie ordaine this Order and Law perpetually to be obserued that the aforesaid reuerent Arch-Bishop of Tryer shall sit opposite right before the Emperors face The Arch-bishop of Mentz in his owne Diocesse and Prouinces and also out of his Prouinces in al his Chancelours regiment throughout Germany the Prouince of Collen onely excepted And the Archbishop of Collen in his Diocesse and Prouinces and out of his Prouinces throughout all Italie may shall and ought to sit on the right hand of the Emperour of Rome in all publique actes Imperial Iudgements Assemblies Feodarie Courts Feasts Counsels and all other actions which may happen and fall out for the seruice and honour of the Empire which mutuall order aforesaid of sitting so appoynted for them wee ordaine and command to be obserued and kept among the said Arch-bishops of Collen Tryer and Mentz and their Successors for euer that hereafter no contention or distaste may for the same grow and breed among them Touching all the Electors sitting in the Emperours presence VVEe further ordaine That whensoeuer the Emperour shall holde his Imperiall Court of Parliament in euery Session as well in Counsell as in Parliament and at meate or any other place whatsoeuer where the Emperour and the King of Romaines shall happen to sit with the Princes Electors next after the Arch-bishops of Mentz or Collen which of them at that time in regard of the qualitie of their places or varietie of Prouinces and his other Priuiledges shall be set downe on the right hand of the Emperour the King of Bohemia being an annoynted and a crowned Prince shall sit next vnto him the Earle Palatine of the Rheine shal haue the next place on the left side of the Emperor after one of the Arch-bishops aforesaid whose chance it shall be then to sit on the left side of the Emperour Then the Duke of Saxon and after him the Margraue of Brandenburgh shall sit downe But when and as often as the Emperours shall be dead then the Arch-bishop of Mentz shall haue power as it is formerly set downe by Letters to summon all the Princes aforesaid to come together for the election who being all or as many of them as can or will come within the time of election assembled the said Arch-bishop of Mentz and none other shal aske euery one of his fellow Electors their voice in the election as followeth First the Arch-bishop of Tryer whom we ordaine to speake first to whom we find that it hath still belonged Then the Archbishop of Collen to whom it belongeth to crowne the King of Romaines The third the King of Bohemia who amongst the Temporall Electors in regard of his Royall dignity is the chiefe of them The fourth the Earle Palatine of the Rheine The fift the Duke of Saxon and the sixt the Margraue of Brandenburgh who sitting orderly the Archbishop of Mentz shall aske euery one of them whom they will choose or giue their consent vnto Further in the celebration of the Imperiall Offices the Margraue of Brandenburgh shall holde the Bason whilest the Emperour or King of Romains wash
his or their hands Next the King of Bohemia shall beare the Kings cup to drinke which by reason of his regall Crowne and according to the priuiledge of his kingdome vnlesse he will voluntarily doe it he is not bound to doe The Earle Palatine of the Rheine shall serue in the first dish and the Duke of Saxon shall exercise the place of Marshall as he hath anciently vsed to doe The Priuiledges of the Earle PALATINE of the Rheine and the Duke of Saxon. AS often as the Empire shall happen to be void the illustrious Earle Palatine of the Rheine chiefe Sewer of the Empire in place of the future King of Romains by right and priuiledge of his Earledome ought to bee Oner-seer in the territories of the Rheine Sweuia and Franconia for the Emperor with power of exercising Iustice presentation of Ecclesiasticall Benefices receiuing Rents and Reuenews and in the name of the Empire to take the oaths of fidelitie and feoffments which neuerthelesse after the King of Romaines is elected shall all bee reiterated and they shall againe renew their oathes vnto him the oathes of the Princes and of those that are called Vanlehen excepted which we specially reserue for the Emperour himselfe or the King of Romains but all kindes of Alienations or Obligations of Imperial things are excluded out of his power The like power of Ouer-seer we giue and appoynt vnto the illustrious Prince the Duke of Saxon as Marshal of the Empire in those places where the Iurisdiction of Saxon extend in like manner and forme as aforesaide and although in the interim that the Emperour or King of Romaines are to be elected Iustice shall be done by the Earle Palatine as chiefe Sewer and Prince Elector yet the County Palatine shall not execute the saide Iudgement in any other place then openly in the Emperours Court where the Emperour himselfe or the King of Romains if they were present should doe it How the Princes Electors shall take place before other Princes and Noble men of the Empire VVEe further ordaine That whensoeuer and as often as the Emperour shall summon a Court of Parliament the Princes Electors aforesayd both Spirituall and Temporall according to the order prescribed shall sit on the right and left hands of the Emperour and so holde their places and no other Prince of what degree state or condition soeuer he be in any place within the said Court in going sitting or standing shall be preferred before them And this is specially to be obserued and noted that the King of Bohemia at the celebration of the said Court of Parliament in all and euery the actions aforesaid what other King Prince or Princes of what estate soeuer he or they be that may vpon any occasion be present therein shall haue the preheminence and preferment of sitting before him or them Touching the Succession of the Temporall Princes Electors AMong the innumerable cares wherewith wee are busied for the maintenance of the happy state of the Empire by the ayde and helpe of God our heart and minde daily laboureth to this end that a desired and wholesome vnion may alwayes be had and maintained with sinceritie of heart among the Princes Electors of the Empire whose prouidence in time will so much the sooner and easelier appeare and take effect when no errour shall arise among them and thereby Charity better obserued difficulty preuented and right and equitie giuen to euery man It is generally manifestly and publiquely knowne to all men farre and neare that the illustrious Princes the King of Bohemia the County Palatine of the Rheine the Duke of Saxon and the Margraue of Brandenburgh by vertue of his Kingdome and their Principalities in the election of the King of Romains to be Emperour with the rest of the Spirituall Princes their Co-electors by right haue their Places and Voices and together with them to choose them as true and lawfull Electors of the Empire lest that among the sayde Temporall Princes sonnes in time to come there may grow or arise any trouble dissention or contention touching the right voyce and power of election aforesayd and thereby to preuent all future impediments lets and hinderances therein desiring by Gods help carefully and wisely to stay and stop all dangers We ordaine and by our Imperiall authority commaund this present Law perpetually to be obserued and kept That whensoeuer the sayd temporall Princes Electors or any of them shall leaue their right voyce and power of election aforesayd the same shall iustly lawfully and freely escheat and fall to the eldest sonne and heire of him or them being a Temporall person without any contradiction whatsoeuer And if the said eldest sonne shall die without lawfull temporall heires male by vertue of this our Imperiall Edict the right voyce and power aforesaid shall fall to the next brother being a Temporall person rightly descending from his father and after him to his eldest sonne being a Temporall Prince And such succession from the eldest sonnes and heires of the said Princes in the right voyce and power aforesaid of election shall from time to time perpetually be obserued with this condition and clause neuerthelesse That if the said Prince Elector or his eldest sonne beeing a Temporall person shall die and leaue his heires male being Temporall persons at the time of his decease vnder age then the next brother to the said eldest sonne shall be tutor and administrator of the said children vntill the eldest of them shall attaine to lawfull yeares whom we doe ordaine and appoint to be Elector at the age of eighteene yeares and at that time the said right power and voyce and other appendances thereof shall escheate vnto him and then the said administrator shall resigne the said office and rights aforesaid wholly vnto him And if any of the said Princes houses shall happen to faile and be extinguished for want of heires male then the Emperour or King of Romaines for the time being shall and may take order therein and prouide an other Elector as an escheate lawfully fallen to him and the Emperour alwayes excepting the priuiledges rights and customes of our Kingdome of Bohemia touching the election of their King in case of vacation by the Subiects thereof that haue right and authoritie to elect their King Obseruing their priuileges and ancient customes continually vsed and by diuers Emperours of Rome or Kings graunted vnto them which by this our Decree wee will by no meanes breake nor infringe but rather confirme the same from hence forward to be and remayne in as full power and effect as heeretofore they haue beene and so for euer to continue Of the immunities and priuiledges of the Kings of Bohemia and the Subiects thereof WHereas by two illustrious Emperours of Rome and Kings of Bohemia our Progenitors and Predecessors it was giuen and graunted vnto the sayd Kingdome and Crowne and at this present in the said Kingdome from time out of minde is and hath beene a laudable custome and law
THE GOLDEN BVLL 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 be assembled at Francford for the Election of the now next Emperour the tenth day of Iuly next ensuing 1619. LONDON Imprinted by T. S. for Nathanaell Newbery and are to be sold at the signe of the Star vnder S. Peters Church in Cornehill and in Popes-head Alley 1619. The Imperiall Lawes and Constitutions set downe in the Golden Bull or Letters Patents of CHARLES the fourth Emperour of Rome for the Election of Emperors * ⎠* In the Name of the most holy inseparable and glorious Trinity Amen CHARLES the fourth by the Diuine grace of God Emperour of Rome semper Augustus and King of Bohemia for a perpetuall memorie to all Posteritie Sendeth greeting Euery kingdome diuided in it selfe shal be madde esolate for the Princes thereof are become fellowes with theeues therefore the Lord sendeth the spirit of Blindenesse amongst them that at noone day they grope about as if they were in darkenes and remoueth their Candlesticke out of their place that they should be blind leaders of the blinde and they that walke in darkenesse offend and are deceiued and being blinde commit wickednesse and fall into diuision Tell mee Pride how didst thou raigne in Lucifer but by the meanes and aide of Dissention Say enuious Sathan how didst thou cast Adam out of Paradise terrestriall but by making him to disobey God Speake Lust how didst thou destroy Troy but by causing Helena to forsake her husband Say Wrath how didst thou destroy the common-wealth of Rome but by mouiug Iulius Caesar and Pompey to ciuill and intestine warre Thou Enuie like a craftie Serpent creeping into the Christian Empire which by the power of the holy and inseparable Trinity is grounded on the Theological vertues of Faith Hope and Charitie and whose foundation is happily established vpon the most Christian Kingdome of God by pouring thy auncient and most impious venime amongst the imperiall branches and nearest members of the same that the Pillars thereof beeing shaken the whole building might fall to the ground oftentimes hast set vngodly diuision among the seauen Electors of the Empire by whom as by seuen Candlestickes shining in the vnitie of a seuen-fold Spirit the holy Empire should be illuminated Therefore by vertue of our office which by the Imperiall Crowne we hold to preuent the dangers of future diuisions and dissentions among the Electors whereof as being King of Bohemia we acknowledge our selfe to be one by a double reason as well of our Imperiall Commaund as by our right of Election which we execute among other Lawes prescribed for the nourishing and maintaining of correspondencie among the Electors and thereby to induce them vnto an vnitie of Election and a detestation of the afore-said diuision and to stop the passage vnto diuers perills thereby ensuing at an Imperiall assembly holden in our Court at Norembergh in the presence of all the Princes Electors Spirituall and Temporall and of a great number of other Princes Earles Barons Knights Gentlemen and Burgesses of the Cities and Townes of our Empire sitting in our Throne apparelled in our Imperiall Robes and Crowne vpon our head with mature deliberation and by imperiall power ordaine declare and establish c. In the yeare of our LORD GOD 1356. in the ninth Indiction and the fourth Ides of Ianuary and of our reigne the tenth of Bohemia and the first of our EMPIRE In what manner the Electors are to be conducted to the Election and by whom VVE ordaine and by this our present Imperiall Edict perpetually to be obserued commaund of our meere motion and free Imperiall power that as often and whensoeuer in time to come vpon necessitie or the cause of Election of the King of Romaines to be Emperour it shall happen and fall out that the Princes Electors according to the auncient and laudable custome for the said Election are to trauell and set forward on their iourney euery Prince Elector shall vpon request made by the said Electors be bound to conduct and accompany his co-Electors when they are for that cause to trauell through their territories lands and iurisdictions and further also as necessitie requireth and without refusall conuey them to the City or place where such Election is to be made and celebrated and also at their returne from thence vpon paine of periurie and losse for that time onely of his or their voyce which he or they is or are to haue in the said Election Which said penalties to him or them that shall shew themselues rebellious obstinate or negligent in the said conduction we our selues will iudge and impose Wee further ordaine and commaund all other Princes Feodaries and belonging to the Imperiall Iurisdiction by what name soeuer they are called Dukes Earles Barons Knights and their Retainers Gentlemen and others Burgesses and Officers of Castles Cities and places whatsoeuer of the sacred Empire that at such time as the King of the Romains is to be elected Emperor vpon request vnto them made by the Princes Electours or any of them for conduction either of themselues or their Deputies which they shall appoint as aforesaid without any deniall to conduct guide them thorow their territories lands possessions further as need shall require And that if they shall presume or refuse not to doe as wee herein ordaine and appoint they shall be liable to the paines and penalties heereafter following viz. All Princes Earles Barons Knights Nobles and Gentlemen doing the contrary shall incurre the paine of guiltinesse of periurie and depriuation of all liberties and immunities whatsoeuer they hold and enioy by Imperiall right or otherwise as also of all other their offices and functions And all Burgesses and Commons of Cities and Townes that presume to doe the contrarie are likewise guiltie of periurie and shall be depriued of all the Rights Liberties Priuiledges and Immunities which by Imperiall libertie and graunt they hold and haue obtained which together with their bodies and goods shall escheate and fall into the Emperours hands and further ipso facto be depriued of all Law and Right whatsoeuer so that from thence-forth it shall be lawfull for euery priuate man of his owne authoritie without lawfull proceedings or aide of Magistrates freely to assaile and set vpon them not once incurring any penalty paine or punishment whatsoeuer by Imperiall authoritie or otherwise for the same they being so conuinced for disobedience against the Common-wealth and the sacred state and dignitie of the Empire as also against their owne honours and credits and found to haue rashly neglected their duties and done as rebells disobedient subiects and periured persons against the Decree aforesaide Decreeing further and commanding That the Citizens and Inhabitants of all Towns and places where
Citations Processes and Sentences diffinitiues or otherwise against them begun for not appearing before such forraine Iudges or hereafter to be made and pronounced as also the precepts and executions of the same and all things which from them or any of them or by that means shall or may be done and attempted are and shall be voide and of none effect expresly commaunding that no Earle Baron feodarie Vassall Knights Citizens Burgesses Peasants nor any other person subiects to the said Churches or their inhabitants of what estate condition or dignitie soeuer they be shall appeale from the processes sentences definitiue or other precepts of the said Arch-Bishops and their Churches or the executions therof made pronounced or to be made and pronounced against them in the Arch-Bishopricke or their Consistories tribunall seates as long as they are not denied Law and Iustice in the Arch-Bishoprickes nor their Consistories aforesaid and that such appeales in that sort made shall not be receiued accepted nor allowed but to the contrary shall be voide and of none effect But for want of Iustice they and euery one of them may immediately appeale from them to the imperiall Court and tribunal seate of the Emperor not to any other Court whatsoeuer either ordinarie or extraordinary that whatsoeuer shall be done contrarie to the premisses wee pronounce it to be voyde and of none effect The same Law Order and Statute by vertue of this our Imperiall Decree the illustrious Duke of Palatine of the Rheine the Duke of Saxon and the Marques of Brandenburgh temporall Princes Electors and their heires successors and subiects shall also hold and enioy in manner and forme as aforesaid Touching the assembling or meeting of the Princes Electors AMong many other cares wherewith wee are daily busied it seemeth much to import our greatnesse and sublimitie that the Princes Electors of the sacred Empire should often meete and assemble together to sit about and consult vpon the affaires of the Empire and the good of Christendome in generall Which sound pillers and stedfast and immoueable supporters of the Empire as they are a great way distant one from another on the other side meeting in counsell they may consult vpon the defects of the Countries and Territories about them by comming and conferring together and by their wholesome and sound counsels apply good remedies thereunto And to that end we haue ordained our generall meeting in Noremburgh with the Venerable Ecclesiasticall and Illustrious temporall Princes Electors and many other Princes and Nobles of the Empire there with good deliberation and their counsell and aduise for the common good of the Empire to consult with the said Princes Electors ecclesiasticall and temporall It is further by vs thought good that the said Princes Electors from henceforth euery yeare once after the feast of the Resurrection of our Sauiour Iesus Christ commonly called Easter for the space of foure weeks together shall meet assemble in some one of our imperiall Cities and at the same time to come or ensew in the next yeare the same meeting or counsell to be holden by vs and the said Princes in our imperiall Citie of Vianna in Austria and then at that place by our said Counsell it shall be determined vpon the place where wee shall meete againe the next yeare for the same purpose this our order to hold no longer then we and our Counsell shal be pleased to continue it during the assemblies aforesaid wee will defend and protect them by our imperiall conduction both comming to staying and departing from thence Further lest the furtherance of the common good and peace of the Empire might by too much solacing or excessiue frequenting of banquets be delayed and put off as many times it falleth out and happeneth to be so wee haue agreed that from henceforth while this meeting aforesaid shall hold it shall not be lawfull to call and assemble any generall Court of all the Princes of the Empire together in any other place particular assemblies and expeditions moderately assembled onely excepted Priuiledges VVEe further ordaine and set downe for a perpetuall imperiall Law that all Priuiledges and letters pattents of any person or persons of what estate preheminence or dignitie soeuer hee or they be or of any Cities Townes or Vniuersities c. whereby any rights graces immunities customes or any other things either by vs or otherwise by the Emperours and Kings our predecessors in any manner or forme of words hath vnto them beene graunted or that are to be graunted by vs or our successors Emperours kings in time to come neither shall may nor ought at all to derogate and contrarie the liberties iurisdictions rights honours and dominions of the Princes Electors temporall ecclesiasticall or of any of them in particular notwithstanding that in such priuiledges and Letters pattents made to any person of what estate dignitie or quallitie soeuer they be as aforesaid or to any Vniuersity it be or shall be expresly set downe therin that they shall be irreuocable If the said priuiledges and immunities be not found any wayes to derogate or contrary the priuiledges liberties iurisdictions rights honours and dominions as aforesaid of the said Princes Electors or any of them if otherwise wee censure them to be reuocable and to be disanulled and by these presents vnderstand repute and hold them to be reuoked Of those to whom as vnworthy thereof Feoffments are made IN diuers parts and places the feodaries vassails of lands benefices which they haue peaceably obtained from their Lords often times by word of mouth and fraudulently passe them ouer againe vnto their said Lords which hauing done they defie and malitiously fall out with their said Lords and thereby wrong them and vnder pretence of warre or enmitie re-enter vpon the same and forcibly hold and possesse them Therefore this present law shall for euer be obserued that such resignations or surrenders shall be held and esteemed to be voide and of no value vnlesse they be freely orderly and lawfully past ouer in such manner that the said benefices feoffments may be really effectually assigned into the Lords hands againe that so in time to come there may no quarrell nor claime be made for them with the Lords either by themselues or any other in their names or by the counsel aide or procurement of them or of any man whatsoeuer And doing to the contrarie or troubling and molesting the Lords for the said benefices and feoffments resigned or not resigned or doing them any wrong or counselling aiding or abetting others against them in that case they shall lose their said benefices and feoffments and be accounted holden and esteemed to be infamous persons and outlawes and not worthy to enioy or repossesse the same by any meanes and if by any new contract or bargaine by them made with their said Lords they shall at any time be remitted into the same by all manner of construction the said feoffment