CHAPTER V.
THE RIGHTS OF THE COUNT PALATINE AND OF THE DUKE OF SAXONY.
- 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.
- 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.
{77} In the investiture of a vassal with a fief certain symbols were used. Among other articles that were used in this way when investing the secular tenants-in-chief was the spear, to which it became customary to affix a small standard or flag, as a symbol of the regalia which were conferred with the fief. Eventually this was the only symbol used in such cases, and hence the secular fiefs which were held directly from the king came to be called "Fahnlehen," or "flag fiefs."
CHAPTER VI.
(Repeats the statements about the priority of the king of Bohemia among the secular princes.)
CHAPTER VII.
THE SUCCESSION OF THE ELECTORAL PRINCES.
- ... It is known and recognized throughout the world, that the king of Bohemia, the count palatine of the Rhine, the duke of Saxony, and the margrave of Brandenburg, by virtue of the principalities which they possess, have the right to vote in the election of the king of the Romans along with their coelectors, the ecclesiastical princes, and that they with the ecclesiastical princes are the true and legal electoral princes of the holy empire. In order to prevent disputes arising among the sons of these secular electoral princes in regard to the electoral authority and vote, which would be productive of delays dangerous to the state and other evils, we have fixed the succession by the present law which shall be valid forever. On the death of one of the secular electoral princes his right, voice, and vote in the election shall descend to his first-born son who is a layman; if the son has died before this, to the son’s first-born son who is a layman. If the first-born lay son of the elector has died without legitimate lay sons, by virtue of the present law the succession shall go to the elector’s next oldest lay son and then to his heirs, and so on according to the law of primogeniture. In case the heir is under age the paternal uncle of the heir shall act as guardian and administrator until the heir comes of age, which shall be, in the case of electoral princes, at eighteen years. Then the guardian shall immediately surrender to him the electoral vote and authority and all the possessions of the electorate.
- When any electorate falls vacant for lack of heirs, the emperor or king of the Romans shall have the power to dispose of it, as if it reverted to the empire, saving the rights, privileges, and customs of the kingdom of Bohemia, according to which the inhabitants of that kingdom have the right to elect their king in case of a vacancy.