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
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
without any contradiction and mis-construction vsed 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 against them and that Sentence definitiue or execution thereupon shal be 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 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