A Source Book for Mediæval History: Selected Documents illustrating the History of Europe in the Middle AgeThatcher, Oliver J. (Oliver Joseph)
History
A Source Book for Mediæval History: Selected Documents illustrating the History of Europe in the Middle Age
Thatcher, Oliver J. (Oliver Joseph)
Europe -- History -- 476-1492 -- Sources; Middle Ages -- Sources
2. When the imperial throne becomes vacant, the archbishop of Mainz
shall have the authority, which he has had from of old, to call the
other electors together for the election. It shall be his peculiar right
also, when the electors have convened for the election, to collect the
votes, asking each of the electors separately in the following order:
first, the archbishop of Trier, who shall have the right to the first
vote, as he has had from of old; then the archbishop of Cologne, who has
the office of first placing the crown upon the head of the king of the
Romans; then the king of Bohemia, who has the priority among the secular
princes, because of his royal title; fourth, the count palatine of the
Rhine; fifth, the duke of Saxony; sixth, the margrave of Brandenburg.
Then the princes shall ask the archbishop of Mainz in turn to declare
his choice and vote. At the diet, the margrave of Brandenburg shall
offer water to the emperor or king, to wash his hands; the king of
Bohemia shall have the right to offer him the cup first, although, by
reason of his royal dignity, he shall not be bound to do this unless he
desires; the count palatine of the Rhine shall offer him food; and the
duke of Saxony shall act as his marshal in the accustomed manner.
CHAPTER V.
THE RIGHTS OF THE COUNT PALATINE AND OF THE DUKE OF SAXONY.
1. During the vacancy of the empire, the count palatine of the Rhine,
archseneschal of the empire, by reason of his principality and office,
shall exercise the authority of the future king of the Romans in the
Rhine lands, in Suabia, and in the region of the Frankish law; this
includes the right to present to ecclesiastical benefices, to collect
revenues and incomes, to invest with fiefs, and to receive the oath of
fidelity in the name of the emperor. All of these acts, however, must be
confirmed and renewed by the king of the Romans after he is elected. The
count palatine shall not have the right to invest the princes of the
empire with fiefs which are called _Fahnlehen_,{77} the investiture and
conferring of which is reserved to the king of the Romans in person. The
count palatine is expressly forbidden to alienate or mortgage the
imperial lands during the period of his administration. The duke of
Saxony, archmarshal of the holy empire, shall exercise the same
authority during the vacancy of the empire for the region of the Saxon
law, under the same conditions as expressed above.
2. The emperor or king of the Romans must appear before the count
palatine of the Rhine, when he is cited by anyone, but the count
palatine shall try such cases only at the imperial diet when the emperor
or king is present.
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