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 [Page] 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 [Page] 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 [Page] 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 [Page] 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 Common­wealth, 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 the sayd Princes Electors, and either, or any of them, as also their Deputies, or their seruants shall lodge or rest themselues, in their iourney towards, or in the place of the Election aforesaid, to sell, and cause their [Page] victualls to be solde at the common rate and price accustomed, without inhauncing, or extraordina­rily raising the price of the same, vnto them and their retinue, for their necessary prouision; as also in their departure or returning home from thence againe. And whosoeuer shall doe the contrary, we will that they shall incurre the same penalties that are formerly set downe against Citizens and others, for disobedience in the cases aforesaid. Further, if a­ny of the Princes, Earles, Barons, Knights, Gentle­men, Burgesses, and Inhabitants of Townes and Cities whatsoeuer, shall offer to presume malitiously to wrong or doe any iniury openly or priuily, by a­ny meanes whatsoeuer, vnto the Princes Electors in the way or otherwise, as they trauell to the place where the King of the Romains is to be elected, or in their returne from thence againe; or shall presume to assaile or trouble them, or any of them, personal­ly, or any of their Deputies aforesayd, trauelling to and from the said place, whether they shall demand conduction, or not, such person or persons, together with their adherents and complices, shall present­ly thereupon incurre the paines and punishments aforesaid, euery man according to his state, qua­litie, and condition, as aforesaid. And if any of the Princes Electors shall fall out or haue any particu­lar quarrell, contention, or controuersie, one with or against the other, notwithstanding the same, they shall be bound to conuey and conduct one the o­ther, or their Deputies by them appointed for the said Election, to the place of Election, and backe [Page] againe as aforesaid, vpon paine of incurring the dis­honour of periurie, and the losse (for that time one­ly) of their voice in the Election, as aforesaid. And if any other Princes, Earles, Barons, Knights, Gen­tlemen, Citizens, or Commons of Townes what­soeuer, shall haue any particular quarrell with, or beare any euill will or enuy vnto, the Princes Ele­ctors in generall, or any of them in particular; or if that there shall sodainely arise any quarrell, con­tention, or warre betweene them; neuerthelesse, all controuersies and contentions set apart, they shall conduct the said Prince, or Princes Electors, or his or their Deputies, appointed to goe to the said Ele­ction, in their iourney both forward and backe­ward, as they will shunne and auoyde the paines and penalties aforesaid, by vs set downe to be in­flicted vpon them that shall doe the contrarie, wherein we our selues will be Iudges, &c.

For the better and further establishing and con­firming of all the premises, we will and command, That euery & all the Princes Electors, and the rest of the Earles, Barons, Knights, Gentlemen, Cities, Towns, & Inhabitants thereof, shall, by their oaths, set downe in writing, vnder their hands, promise & binde themselues, to obserue, fulfill, and keepe all the premises, in euery point faithfully and truely, according to the tenour thereof: And whosoeuer shall deny or refuse to doe the same, shall foorth­with incurre the paines and punishments, that are formerly inflicted vpon euery man, according to his or their estate and degree.

If any Prince Elector, or any other Prince, of what estate or condition soeuer hee be, feodarie to the Empire, Earles, Barons or Knights, or any of their heires and successors, shall not hold, performe, and obserue our aforesaid and ensuing constituti­ons and lawes, or presume to contrarie the same, if the said Prince Elector continue therein, then the rest of the Electors shall from thence forward exclude him out of their company, and he shall be excluded from his voice of Election, and place of Elector among the rest of the Electors; neither shall he enioy his feodarie preferments which he vsually had in the Empire: And all other Princes and No­ble men aforesaid, committing the like offence a­gainst our said lawes, likewise, shall not enioy their feodary rights, by the Empire giuen and gran­ted vnto them; and yet neuerthelesse, they shall in­curre the danger of all the paines and penalties a­foresaid, personally concerning them, according to their degrees and qualities, ordained and appoin­ted. And although all and euery one of the Prin­ces, Earles, Barons, Knights, Gentlemen, Cities, Townes, and Burgesses of the same, are bound to conduct and accompany euery or any one of the said Electors or their deputies as aforesaid; neuer­thelesse, we thinke it conuenient to ordaine and ap­point seuerall and fit conductors and conductions through the Countries, Townes, and Territories neere or neerest adioyning vnto them, as hereafter more at large appeareth.

First, the King of Bohemia, chiefe BVTLER, or [Page] Cup-bearer of the Empire, shall be conducted by the Arch-Bishop of Mentz, the Bishop of Bamburge, and Wirtzenburgh, the Burgesses of Wremburgh, Ho­henloe, Werthen, Brunecke, and Hanow, the townes of Noremburgh, Rotenburgh, and Wyndeshem.

The Arch-Bishop of Collen, Chancelor for the Empire in Italie, shall be conducted by the Arch-Bishop of Mentz and Tride, the County Palatine of the Rhine, the Lantgraue of Hessen, the Earles of Katsenellenboghen, Nassaw, Dyetz, Isenburgh, Wester­burgh, Runkell, Limburgh, and Valkenstein, the cities of Wetflaria, Beylenhuysen, and Fredebergh.

The Arch-Bishop of Treuers, Chancelor for the Empire in France, and the Kingdome of Arles, shall be conducted by the Arch-Bishop of Mentz, the Earles Palatine of the Rhine, Spanheim and Veltentz, the Rhingraues of Wildegrauen, Nassaw, Isenburgh, Westerburgh, Runkell, Limburgh, Dyetz, Katsenellen­boghen, Eppenstein, and Valkenstein, and the Citie of Mentz.

The county Palatine of the Rhine, chiefe SEVVER of the Empire, shall be conducted by the Arch-Bishop of Mentz.

The Duke of Saxon, Marshall of the Empire, shall be conducted by the King of Bohemia, the Arch-Bishops of Mentz, and Madeburgh, the Bishop of Banburgh, and Wirtzenburgh, the Marques of Misnia, the Lantgraue of Hessen, the Abbots of Ful­den and Herffelden, the Burgraues of Noremburgh, Hohenloe, Wirthen, Brunecke, Hanow, and Valkenstein, the Cities of Erford, Wulenhuysen, Noremburgh, [Page] Rotenburgh, and Wyndelsthem.

And all these last named shall conduct the Mar­graue of Brandenburgh, chiefe Chamberlaine of the Empire.

Also wee will, and expresly ordaine, that euery one of the Princes Electors that shall desire any such conduction, shall certifie those that shall so by him be required, in such conuenient time, and with­all signifie vnto them what way he intends to ride, that they that shall be thereunto required, may haue sufficient time to prepare themselues of all things necessary for the same.

These ordinances aforesaid, concerning this conduction, our meaning is shall in such sort be vn­derstood, that euery one aboue named, or others not named, that shall be required to conduct the said Electors, shall be bound to prepare themselues willingly and readily to doe it, not onely through their owne Lands and Territories, but further also, if neede require, vpon paine of the penalties afore­said set downe.

We further appoint and ordaine, that the Arch-Bishop of Mentz, that for the time shall be, shall by expresse messengers in writing signifie vnto euery one of the Princes his fellow Co-electors, both spi­rituall and temporall, the said Election, in which his Letters hee shall specifie with as much speede as those Letters can conueniently come vnto their hands, the day on which within three moneths next after ensuing in the said letters contained, al the said Electors, are to be at Franckford vpon Maine, either [Page] in person or by his or their lawfull deputies there­unto appointed, with full power and authority vn­der their hands and seales, to elect the King of the Romains to be Emperour. In what manner & forme such Letters shall be made, and perpetually penned, and in what manner and forme also the said Princes Electors shall authorize their deputies in that case of Election by them so appointed to be done, at the end of this booke you shall finde it set downe, and more plainely expressed, which forme so set downe, by our imperiall power and authoritie wee doe commaund in that manner to be obserued.

And whensoeuer it shall happen, that the death of the Emperour, or of the King of the Romaines, is knowne in the Diocesse of Mentz, then within a moneth from the day of the notice of the same, iustly accounted, our will and pleasure is, that the said Arch-Bishop shall by his Letters signifie the same vnto euery one of the Princes Electors, in manner as aforesaid; which if the said Arch-Bishop shall neglect or carelesly put off, then the said Princes Electors shall of themselues, without calling or warning (in performance of their oathes and alleagiance to the Empire) at the end of three mo­neths aforesaid, as in the former institution is decla­red, repaire to the said towne of Franckford, there to proceede to the Election of the King of the Ro­mains to be Emperour.

And euery Prince Elector, or his deputie, shall enter into the said towne of Franckford at the said Election, with a trayne of, not aboue two hundred [Page] horsemen, and not more, whereof fiftie of them onely, and not aboue, shall be armed.

And euery Prince Elector, that is called and sum­moned to the said Election, not comming there­vnto, nor yet sending his lawfull deputie, with his Letters Patents vnder his hand and seale, with full power & authority to elect the King of the Romains to be Emperour, or if after, the said Prince, or the said deputie, shall goe from the said place of electi­on, the King of the Romains not being elected to be Emperour, nor his said deputie fully authorized, he shall lose his voyce which he ought to haue in such election.

Wee also charge, commaund and enioyne the citizens of Franckford to defend and protect all the said Princes Electors in generall, and euery one of them in particular, from all inuasions or tumults that may happen among them, vpon any particu­lar dislike, and also from all other men that may at­tempt any thing against them, and likewise their seruants and followers, which they or any of them shall bring, to the number of two hundred afore­said, into the said Citie; and they shall take their corporall oathes vpon the holy Euangelists, for per­formance thereof, vpon paine of incurring the dan­ger of Periurie, together with the losse of all their Rights, Liberties, Priuiledges and Immunities, which by Emperiall authoritie they hold and enioy, and to fall into the danger of outlarie, both in bo­dy and goods: and in that case it shall be lawfull for euery man, at his or their owne liberties, without [Page] orderly proceeding, to inuade and assault them and euery one of them, when they will, and at all times, (being thereby depriued of all Law, as traitors and Rebels to the Empire,) without any punishment to be inflicted on them for the same, neither within nor without the Empire. The said citizens of Frankford also, during all the time of the said Election, shall not suffer any man, of what estate or condition so­euer he be, in any sort to enter into the said Towne, (the Princes Electors themselues, and their depu­ties aforesaid excepted) who are euery one of them to enter with two hundred horse-men, as afore­said: And if after they are entred with their traines aforesaid, or in their presence, any man be found to be there, contrary to our decree; the said Citizens presently and with all speede shall take order for his speedy departure out of the Citie, without stay, vpon paine of incurring the penalties aforesaid to be laid vpon them, or else of the breach of their oathes, which they are to take vpon the holy Euan­gelists for the performance of this our decree, as it is formerly expressed and declared.

Touching the Election of the King of the Romaines.

AS soone as the said Electors or their deputies are entred into the said Citie of Franckford, the next day in the morning, in the Church of Saint Bartholomew, they shall cause the Masse of the holy Spirit to be sung before them, to the end that the said holy Spirit might open their hearts, and illu­minate [Page] their mindes, to chuse and elect a good, vp­right and a fit person to be King of the Romaine, and Emperour, and for the aduancement of the Chri­stian faith: And after the said Masse, all the Electors, or their deputies, shall approach vnto the Alter on which the said Masse was celebrated, where the spi­rituall Princes Electors, standing together with the temporall, the Gospell of Saint Iohn, (beginning, In principio erat verbum,) shall be laid open before them, the spirituall Princes reuerently laying their hands vpon their brests, and the secular Princes lay­ing their hands vpon the booke, in the presence of all their company, who then are to be there shall take their oath, which oath the Arch-Bishop of Mentz shal giue vnto them, and shall openly pro­nounce the same in this manner.

J Arch-Bishop of Mentz HIGH-CHANCELOR of the sacred EMPIRE in Germany, and Prince Elector, sweare to this holy Gospell now laid before me, that vpon the alleagiance which I owe to God and to the Empire of Rome, I will with all my heart and best indeauour by Gods helpe, chuse a temporall head for the people of Christendome that is, a King of the Romains to be Emperour, such an one as shall be fit and capable for the place, according to my alleagiance aforesaid, and my voyce, and the voyces of the Electors, without any fraud, or other sinister and particular dealing, by mee there­in to be vsed, so helpe me God and all his holy Saints.

This oath in this manner being taken by the said Electors, or their deputies, according to their said oath, they shall proceed to the Election, and shall [Page] not in any manner depart out of the said Citie of Franckford, before that the greater sort of them shall haue chosen a temporall head or gouernour of the world, or of Christendome, a King of Ro­mains, to be Emperour; which if they shall prolong or deferre the space of thirty dayes from the day of taking their oathes, then the said thirty dayes being expired, they shall eate nothing but bread and wa­ter, nor by any meanes goe away from the 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 i [...] 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 [Page] 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 Emper [...]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 [Page] 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 [Page] 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, [Page] 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 [Page] 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 [Page] 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 [Page] (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 [Page] 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 with­out any contradiction, and mis-construction, vsed [Page] among them, that no Prince, Baron, Knight, Gen­tleman, retainers to Nobles, Burgesses, Citizens, nor any other person or persons of the said King­dome, or their adherents, of what estate, dignitie, preheminence, or condition soeuer they be, at any mans suite or summons whatsoeuer, shall be called, cited, warned, or summoned to appeare before any Iudge, or Iudgement Seate, Court of Law or Iu­stice whatsoeuer, out of the Realme of Bohemia, and the Courts of law and equity therein holden, which time out of minde, hath so beene holden and vsed among them: Wee therefore, to renew and con­firme the same Priuiledge, custome and indulgence, graunted them by Imperiall authoritie aforesayd, of our speciall grace, and by our Imperiall authoritie, doe ordaine, That if any Prince, Baron, Noble­man, Knight, Gentleman, retainers to Nobles, Burgesses, Citizens, Peasants, or any other person or persons of the saide Realme and Kingdome, shall be summoned, warned, or adioyned to appeare or answere to and before any Iudge, Iudgement Seate, Court of Lawe, or Iustice, out of the Realme and Kingdome of Bohemia aforesaid, either for any cri­minall, ciuill, or any other cause or action whatsoe­uer, and at any time or times what or wheresoeuer, they are not in any manner or sort bound to ap­peare or answere to the same; and if that, for not appearing or answering, at, or before any such in­competent Iudge or Iudgement Seate, or whatsoe­uer authorities out of the Realme of Bohemia afore­said, their aduerse parties shall in such manner pro­ceed [Page] against them, and that Sentence definitiue, or execution thereupon, shalbe giuen and pronounced in any cause whatsoeuer in those Courts against them, by forraine authoritie as aforesaid: We or­daine, appoynt, and iudge the said Citations, sum­mons, precepts, processes, sentences and executions thereupon ensewing, and all things, which by the same, or any of those meanes, shall, or may follow, be done, & attempted, in that manner against them, to be vtterly void, disannulled, and of no force nor effect. Further adding, and expresly ordering, by our saide Imperiall authoritie, for euer to bee held, That although in the said Realme of Bohemia, (time out of mind) the same hath alwaies beene obserued, if from hence forth any Prince, Baron, Nobleman, Knight, or retainer to Nobles, Citizens, Burgesses, Peasants, or any Subiects of the Realme of Bohemia, of what estate, preheminence, dignitie, or conditi­on soeuer he be, in any processe, sentence defini­tiue, precepts of the King of Bohemia, or any of their Iudgements and executions thereof, made, pro­nounced and executed against them in Iudgement, eyther before the King, or the tribunall Seates of iudgement in the said realme, thereunto commonly appoynted, shall appeale to any other Iudge or Iudgement seate out of the realme of Bohemia, who­soeuer he be that shall doe so, and if the partie De­fendant doth not resist nor gaine-say the Plaintife, both the Defendant and Plaintife, in that case, shall incurre the danger of loosing their suite.

Of Gold, Siluer, and other kindes of Mettals.

THis present statute we ordaine for euer to be ob­serued, and thereby declare that our successors, Kings of Bohemia, as also all and euery one of the Princes Electors, both spirituall and temporall, which for the time perpetually shall be, shall law­fully haue, hold, enioy, and possesse all Mines of such Gold, Siluer, Tinne, Copper, Iron, Leade, and other kindes of Mettals, and also of Salt already found, or hereafter to be found, as at any time here­tofore were within the said Realme of Bohemia, or the territories thereof: And likewise, that the said Princes Electors, in the prouinces, parts, lands, in par­ticular dominions, and territories to them or any of them appertaining, shal lawfully possesse & hold and enioy the same, together with all rights whatsoeuer, (none excepted) whereby they might, may, and were wont to holde and possesse the same, as also to take lawfull towles and customes, heretofore giuen and graunted vnto them for the same, & which our Progenitors, Kings of Bohemia, and the said Prin­ces Electors, and their Predecessors and Progenitors lawfully might claime, vntill this time, according to the auncient, laudable, and approued custome at this day, and long time before, vsed and obserued.

Touching Money.

VVE also ordaine, that the King of Bohemia our successour, that for the time shall be, as it appeareth, that the illustrious Kings of Bohemia [Page] our predecessors, were wont to haue and peacea­bly vsed in former times, shall haue the vse, libertie, and custome of Coyning, Making, and vttering of Money stamped, in Gold and Siluer, in all places and parts of the said Realme, or territories there­of, where the said King shall be pleased to Coyne, and make the same, in what sort, fashion, & stampe soeuer they will, as vntill this time, it hath been, and shall perpetually be vsed. And further, wee giue vn­to the Kings of Bohemia, by this our imperial Consti­tution, libertie to authorize the Princes, Nobles, Earles and other persons of the said Realme, to buy Lands, Castles, Possessions, goods and Morgages, whatsoeuer or wheresoeuer in the Empire, or to re­ceiue and take them of guift by any manner or meanes whatsoeuer, according to the tenour of the said Lands, Castles, Possessions, Morgages, or goods accustomed; so that Free-hold, may be bought for Free-hold, Coppy-hold as coppy-hold, Feodarie as Feodarie, and shall in such sort be hol­den, that whatsoeuer the Kings of Bohemia shall buy or receiue, and shall be applied to the vse and benefit of the said Realme, shall continue to yeeld and pay the accustomed and ordained quit-rents and tallages due from them vnto the Empire. This present constitution, grace and fauour of our Im­periall Maiestie, so graunted to the Realme of Bo­hemia, wee also giue and graunt vnto all the Princes Electors, as well spirituall and temporall, as also to their lawfull heires and successours, in all points as it is formerly declared.

The Immunities and priuiledges, of the Princes Electors.

VVEe ordaine and decree also, that no Earles, Barons, Nobles, feodarie Vassailes, Knights, Citizens, Burgesses, nor any other person subiect to the Ecclesiasticall Iurisdictions of Mentz, Tryer and Collen, of what state, condition, or digni­tie soeuer they be, shall not vpon occasion, or by any procurement whatsoeuer, be cited or summo­ned to appeare, without the Territories, Bounds and Limits of the said Churches, and the appur­tenances thereof, before any other Tribunall seate or place of Iustice or Iudgement, then onely in the liberties and iurisdiction of Mentz, Tryer and Collen, and before the Iudges thereof, in time to come, nor hereafter, according to the custome of the said churches in times past obserued. And that if contrary to this our present Edict, the subiects of the Churches of Mentz, Tryer, and Collen, or any of them, vpon any occasion whatsoeuer, shal chance to be cited or summoned to appeare before any tri­bunall seate, for any criminall, ciuill, or other cause or businesse out of the limits and territories of the said Churches, or any of them, they shall not be bound to appeare, nor in any sort to answere there­vnto, as also that the 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 [Page] 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 [Page] 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.


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 [Page] 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, [Page] 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 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 [Page] 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, [Page] 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 [Page] 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, shalbe 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 [Page] 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 [Page] 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 [Page] 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 [Page] 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 [Page] 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 [Page] 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 to kill the reuerent and illustrious Princes Electors, ecclesiasticall or temporall, or any of them, for they are a part or our body, he or they, that in such case are found guilty, shall be punished for the same fact of conspiracie, as if they had really committed the fact, and were guilty of high-treason, by losse of their liues, and forfeiture of all their Lands and Goods to the Emperour, and his or their sonnes, whose life, (by our speciall imperiall fauour) wee spare, shall be punished, for his fathers fault, hee shall loose his fathers inheritance, and others shall enioy the same; he shall be incapable of making a­ny will, or of receiuing any thing by another mans will, he shall alwaies be needy and poore, his fathers infamie shall euer be imputed vnto him, he shall ne­uer be admitted into any honour, nor his oath al­lowed to be good; and to conclude, hee shall be so miserable, and in perpetuall pouerty, that death to him shall be a comfort, and life a punishment. [Page] And further, we command him so to be noted & ob­serued, that without our speciall license, hee shall not at any time presume or be permitted to haue accesse vnto our person: Touching the daughters, how many soeuer they be, they shall not haue the full fourth part of their Mothers goods; whether she die intestate or not, wee will take order, that they shall haue an indifferent part thereof for their reliefe, rather then the whol [...] as if they were her heires; for their sentence in truth, ought not to be so rigorous, that by infirmitie of sexe are of lesse power to commit euill. Emancipations or Feoff­ments made by the parents, either to the sonnes or daughters, shall be voyde and of none effect, neither shal any fraudulent alienations, made by the said pa­rents, from the time that they once entred into the said conspiracies and factions, be good nor allow­able in law: And touching their wiues dowries, if they were so made by their husbands vnto them that the reuersion thereof should reuert vnto the sonnes, after the wiues decease, they shall acknow­ledge that reuersion to reuert vnto our Exchequer, the fourth part whereof ought rather to fall vnto the daughters then to the sonnes; and that punish­ment which we set downe and appoint, for the par­ties and their sonnes, the same seuerity also shall be vsed towards the Seruants, Officers and Abetters of them, and of their sonnes. But if any of them, that in the beginning and entrance into the said faction, shall seeme to keepe counsell with the par­ties guilty, and afterward shall disclose it, and rather seeke to crosse it for our good and honour, and they [Page] also that shall haue sought to put their malitious faction in practise, if at last, vnknowne to the other conspirators, they shall secretly disclose it, wee iudge them to be worthy of pardon and for­giuenesse. We further ordaine, that if any conspira­cies, shall haue beene made against the said Princes Electors, spirituall or temporall, by any man that is dead, and the same after his death is knowne and discouered, that crime concerning the hurt and danger of the life of the Princes Electors, touching the imperiall maiestie, for if the members be hurt, the head cannot be well, nor in safetie, therefore wee will and commaund, that after the death of the partie that is knowne to haue beene guilty in his life time, the same fault shall be punished, that the dead partie being found guilty, his memorie may be extinguished, and his goods taken away from his successours; for if any man conceiueth or imagineth mischiefe, if followeth thereby that his minde was depraued; and therefore seeing that he did imagine and inuent such a mischiefe, he had no power to a­lienate nor infranchise the same, nor yet by right in this case to take order for the payment of his debts. Therefore if the members be hurt, the head must needes be the worse, that is, if any conspiracie were made against the Princes Electors, spirituall or temporall, by any man that is dead, the goods and lands of the said person shall be attached, as if hee had beene executed for the same offence.

Touching the integritie that is to be obserued among the Princes Electors.

IF other Princes of our Empire doe agree in vnitie of spirit and willes to obserue iustice and equitie, that the Subiects of the Empire may thereby liue in peace and tranquilitie; much more ought the Princes Electors of the Empire to seeke to main­taine and preserue the same; for where the danger is most euident, there it ought more speedily to be preuented, left those the pillars breaking, the whole house should fall to decay. Therefore We decree and ordaine this to be a perpetuall Law, That as in former time, out of the memory of man, so in time to come, the illustrious and magnificent Princes, the King of Bohemia, the Earle Palatine of the Rhine, the Duke of Saxon, and the Margraue of Brandenburgh, being strictly bound together by their Territories, ought not touching homages, vassalage, and other rights to them belonging, to be seperated, diuided, or in any wise dismembred, but to the end that they may rather be, and remaine in their perfect integri­tie, their eldest sonne, shall succeed them in their rights, priuiledges and dominions; vnlesse hee shall chance to be distract of his sences, foolish, or other­wise defectiue in mind, for the which cause he ought not, nor cannot gouerne others; in which cases, be­ing prohibited of succession therein, the second son (if there be any) or some other elder brother or co­sin, that is a Temporall Prince, and next of bloud, that lineally descendeth from the father, shall be his successor, who then shal deale kindly with the other [Page] brethren and sisters, touching their maintenance, and as hee shall thinke good, and according to his meanes, without diuiding or dismembring the prin­cipality and appurtenances thereof in any sort.

Touching the Emperours Court and Sessions.

THat day whereon the Emperours or the King of Romaines Court is to be holden, at an houre appointed, the Princes Electors both Spirituall and Temporall, shall come to the Emperours, or Kings Pallace, and there the Emperour or the King shall put on all his Imperiall Roabes, and mounting vp­on their horses, all of them shall goe with the Empe­rour, or the King, to the place where the Court is to be holden, orderly, and in manner and forme (as it is formerly set downe in our Decree, to that end made;) The chiefe Chancellour, in whose precinct or iurisdiction it shall happen to be, shall beare or carry all the Seales and imperiall and regall Tipes vpon a siluer wand: The Secular Princes Electors, shall beare the Scepter, the Ball, the Sword, euery one as he is orderly to doe it, according to the De­cree for the same purpose made; They shall likewise beare, (going directly next before, the Arch-bishop of Tryer, keeping his ordinary place) first the Crown of Aqusgranie, then the Crowne of Millaine, before the Emperour, as then apparelled in his Imperiall Roabes, which shall bee borne by other inferiour Princes, thereunto appointed by the Emperour. The Empresse or the Queene of Romaines apparel­led in her Imperiall vestures, shall goe and follow after the Emperour or the King of Romaines, and [Page] the King of Bohemia, (whose place is to goe next af­ter the Emperour) an indifferent space from them; her Ladies and Maides of Honor orderly following her to the Court.

The offices of the Princes Electors at the Solemnities which are to be obserued in the Emperours Court at royall feasts and assemblies.

VVE ordaine and appoint, that when the Em­perour or King of Romaines shall celebrate any solemne feasts, whereat the Princes Electors are to serue, and execute their Offices heereafter declared and set downe; the Emperour or the King sitting in the Imperiall Throne, the Duke of Sa­xon shall execute his office in this manner: Before the Gate of the Emperour, or the King, there shall be set a heape of Oates, so high that it shall reach to the breast or saddle of the horse, whereon the sayd Duke shall ride, who shall beare in his hand a sil­uer Wand, and a Measure of siluer, which both to­gether shall weigh two hundred Markes of siluer; and sitting vpon his horse, shall first fill that mea­sure full of Oates, and shall giue it to his seruant that is next vnto him; which done, sticking his staffe in the Oates, hee shall goe backe againe; and then his vice-Marshall, Seigneur de Papenheym, comming thither, or in his absence, the Marshall of the Court, shall distribute the rest of the Oates. The Empe­rour or the King being gone in to sit at the Table, the Arch-bishops, Princes Electors, standing before the Table, with the rest of the Prelates, shall say grace, according to the order formerly set downe: [Page] and when grace is sayd, the three Arch-bishops (if they be all there) or two, or one of them, shall re­ceiue the Imperiall or Regall Seale and Tipe from the Chancellor of the Court, hee in whose Chan­cellours iurisdiction that feast or solemnitie shall chaunce to be celebrated, standing in the middle, and the other two on either side of him, shall all lay their hands vpon the Staffe, whereon the said Seale and Type hangs, and so carry it, and with great reuerence laye it vpon the Table before the Emperour, or the King, who presently shall deliuer the same againe vnto them, & in whose Arch-chan­celors precinct it shall then be, as aforesaid, he shall carry the greater Seale about his necke, to the end of the Table, and from thence to his house, riding from the Emperours Court vpon his horse.

The Staffe whereof mention was formerly made, must be siluer, waighing two hundred Markes, the third part of the value whereof euery one of the Arch-Bishops must pay and contribute equally, and that Staffe with the Seales and Types, must presently be giuen to the Chancelour of the Emperours Court, to vse them when occasion ser­ueth; & after that he who by order carrying the great Seale about his necke from the Court, is gone home to his lodging, as aforesaid, he shall presently send it backe againe by one of his friends on horse-backe to the Emperours Court, to the Chancelour, which according to the dignitie of the place, and the fa­uour which hee is to beare to the Court of the Chancerie, hee is bound freely to deliuer to the said Chancelour. Then the Margraue of Brandenburgh, [Page] Lord High-Chamberlaine of the Empire, com­ming on horse-backe with a Siluer Bason (waying twelue Markes in Siluer,) full of water in his hand, and a fine cleane Towell on his arme, lighting downe, must giue the Emperour or King of Ro­maines water to wash his hands; after him the Earle Palatine of the Rhine, must come on horse-backe with foure siluer Platters in his hands full of meate, euery one of them waying three Markes in value, who lighting off from his horse, must carrie and set them downe vpon the Table before the Emperour, or King; after him the King of Bohemia, chiefe But­ler of the Empire, riding on a horse, with a Nap­kin on his arme, and a couered cup in his hand, (waighing twelue Markes) full of Wine mixt with water, lighting downe, giueth the cup to the Empe­rour or King of Romaines, to drinke. Further, wee ordaine, that the Secular Princes, Electors, hauing performed their offices, the Earle of Falkenstein, vice-Chamberlaine, shall take the Horse and Bason from the Margraue of Brandenburgh for his fee; the chiefe master cooke of Noremburgh, the horse and dishes from the Earle Palatine for his fee; the Earle of Lim­burgh vice-Butler, the Horse and Cup from the King of Bohemia, for his fee; and the Baron of Pa­penheym, vice-Marshall, the Horse, Staffe, and Measure aforesaid, from the Duke of Saxon for his fee, if they be there personally present, to execute their offices; but if they or any of them shall be ab­sent at that time, then the ordinary officers of the Emperours or King of Romaines Court, in their absence, that is to say, in euery one of their pla­ces, [Page] that are absent, whose place is to execute the same, as to his office belongeth, shall take away and haue the aforesaid things. The Emperors table must be in suth sort prepared & placed, that it must stand six foot higher then the rest of the tables in the hall, whereat (vpon that day) the Emperour or King of Romaines must sit alone. The Table whereat the Empresse or Queene of Romaines shall sit, must stand on the one side of the Hall, three foote lower then the Emperours Table, and so many foot high­er, aboue the Princes Electors, which Princes shall haue, their Seates or Tables, one as high as another, lower then the Emperours or Kings Table, being seauen in number, which shall stand, three on the right hand, and three on the left, and the seauenth directly before the Emperour, or King, (as in our Ordinance formerly made for the order & manner by them to be obserued in sitting downe in the Em­perours presence, is at large declared) and no man shall sit with them at the saide Tables, but them­selues alone: Neyther shall any of the saide secular Princes Electors, hauing performed his office, sit downe at the Table appoynted for him, as long as the rest of his Co-electors, Princes, are performing their offices; but while any of them, or their Offi­cers, are about the performing therof, he shal stand at the Table appointed for him, expecting the per­formance of their offices aforesaid, and then euerie one of them shall sit downe at his seuerall Table.

Also, we finde in the ancient Records, time out of minde, that those that were our Predecessors thought it fit and conuenient to be obserued, that [Page] the election of the King of Romaines, to be future Emperour, should be made in the City of Franc [...] ­ford, and that his first Coronation should bee done in the City of Aquisgranie, and the first solemne feast held in the City of Noremburgh: wherefore, for many considerations, we ordaine and appoynt the same to be so obserued in time to come, vnlesse any lawfull cause of hinderance or impeachment there­of fall out to the contrary. And if that any of the Princes Electors Spirituall or Temporall, vpon iust and good occasion; being summoned to be there at the sayd feast, cannot come, he shall send his de­putie; but of what estate or dignitie soeuer hee be that is so sent for his deputy, yet hee shall not sit downe at the Table, or in the seate of him that sent him. Further, these offices and other things being performed at the sayde Imperiall or Kingly feast: The master or Steward of the feast shall haue all the tables, boords and scaffolds of wood for his fee, that was prepared against that feast for the Emperour and the King, as also for the Electors, at the cele­bration thereof, according to ancient custome.

What Fees the Officers are to haue when the Princes acknowledge Fealtie to the Emperour or King of Romaines.

WE ordaine this Imperiall Decree, that the Prin­ces Electors, Spirituall and Temporall, when they acknowledge their fealty to the Emperour or the King of Romaines, shall not be bound to giue or pay any mony to any man, at that time, for that the [Page] mony which is due to Officers in that kinde, seeing the sayd Princes Electors, are euery one superior Imperiall officers, and haue their Deputies or Sub­stitutes in euery one of their offices, giuen them by the Romaine Princes; it were absurd, that vnder-Officers or Substitutes should, vpon any colour whatsoeuer, aske or exact any fees of their Superi­ors, vnlesse the saide Princes of their owne free wills and liberalities, will giue them any thing. But other Princes, both Ecclesiastical and Secular, when they (as aforesayd) acknowledge fealty vnto the Emperour of Rome, or to the King, they shall giue to the Kings or the Emperors officers of the Court, sixty and six markes of siluer, vnlesse any of them can by speciall priuiledge or indulgence, by the Em­perours formerly granted to them, discharge them­selues thereof, and proue, that they are free from paying such, or any the like fees, vsed when they acknowledged their fealties; which sayd sixty sixe markes, the Master or Steward of the said Imperiall feast, shall diuide in this manner. First, reseruing ten markes for himselfe, hee shall giue, to the Em­perors or Kings Chancelor of the court, ten marks, to the Masters of the Court, Clarks, and Doctors, three markes, and to the Clarke of the Seale, for Wax and Parchment, one marke; in such manner neuerthelesse, that the Chancellor and Clarkes shall not take such fees of the Princes, but onely to te­stifie that they haue done their fealty, and to signi­fie the same. The said Master also shall giue vnto the vice-Butler of Limburgh, ten markes, to the master Cooke of Noremburgh, ten markes, to the [Page] vice-Marshall of Papenheim, ten markes, and to the vice-Chamberlaine of Falkenstein, ten markes; vp­on this condition neuerthelesse, if they, and euery of them shall be present at the Court, to execute their offices according to their places; and that if they, or any of them be absent, then the Officers of the Imperiall or Kings Court, that vse to serue in those Offices, shall supply their sayd places, euery one as it falls out, and shall haue the said fees accor­dingly. And when any Prince sitting vpon an horse or other beast, doth his fealty to the Emperour or the King, that horse or beast, of what kinde soeuer it be, belongeth as a fee vnto the chiefe Marshall, the Duke of Saxon, if he be present, or else, to the vice-Marshall of Papenheim; and in his absence to the Marshall of the Emperours or Kings Court.

Forasmuch as that for the honour of the Ro­maine Emperour, it is expedient, that the saide Emperour hauing to deale and treate with diuers Nations, of sundry and seuerall Languages, should vnderstand and speake the said Languages: It is fit and conuenient in euery mans iudgement, that the Princes Electors, being the pillers and supporters of the Empire, should be instructed and taught di­uers Languages, that they may vnderstand euery man, and be vnderstood of them; and thereby as­sisting the Emperour in his principall and special­lest affaires, he may the more be honoured. There­fore wee ordayne and appoint, that the illustrious Princes Electors, viz. the King of Bohemia, the County Palatine of the Rhine, the Duke of Saxon, and the Margraue of Brandenburgh, their sonnes, [Page] heires, and successors, when they can perfectly vn­derstand and speake their owne mother Language, the High-Germaine tongues, at the age of seauen yeares they shall be taught to speake the Latin, Ita­lian, and Slauonian tongues, so that at foureteene yeares of age, by the helpe of God, they may well vnderstand the same, being not onely necessary, but for speciall causes most necessarie, for that those Languages are much vsed in the Empire, and by them they may the eassier mannage the Imperiall affaires: Which, the better to effect, we thinke it fit and conuenient, that the Fathers should leaue the charge of their sonnes, if they haue any, or of their next kinsmen, whom they know must and shall be their heires and successors in their honours and lands, and eyther send them to such places where they may be instructed and taught those lan­guages, or else keepe such Maisters and Instructers for them in their houses, together with yong Boyes that are skilfull in those Languages, to beare them company, that they may (by those meanes) the readilier, sooner and perfectlier learne, and be instructed in the same. (*⁎*)


This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this EEBO-TCP Phase II text, in whole or in part.