Chapter XXII: Section 1: means that the Roman church received the primacy over the (6)

Rudolf's chief policy was the aggrandizement of his family. By all possible means he endeavored to acquire lands in such a way that they would remain in the possession of his family, no matter who should be elected as his successor. This document is interesting as throwing light on his ambitious foreign relations, but it is still more important because it speaks of a great event in the good fortunes of the Hapsburg house, namely: the acquisition of the duchies of Austria, Styria, and Carinthia, the territorial basis for its future greatness. See no. 110, for the origin of the duchy of Austria.

To the magnificent prince, Edward, by the grace of God king of England and our dearest friend, Rudolf, by the same grace king of the Romans, Augustus, a perpetual increase of love and friendship. Although the Emperor of the eternal empire, the creator of all things, has stricken our heart with an incurable wound in the death of our beloved son Hartmann, by whose marriage our two houses were to be bound together in an eternal bond of friendship, yet, for our part, his death has not put an end to our friendship for you, as we are eager to demonstrate in every way. Therefore we have thought it right to inform you that we are prospering in all things, and have been successful in securing the consent of the electors to our plans for raising our sons to the rank of princes and investing them with the duchies of Austria, Styria, and Carinthia.

151. Decree against Counterfeiters, 1285.

M. G. LL. folio, II, p. 446.

Since so many individuals, cities, and monasteries had the right to coin money, it was impossible to keep effective control of the coinage. It was inevitable that it would in the course of time be debased. During the interregnum this abuse seems to have grown rapidly.

Rudolf, etc., to all the faithful subjects of the holy Roman empire to whom these presents come, grace and every good thing. In the court over which we presided, held at Mainz on the day of the blessed Virgin Margaret, we asked the princes, counts, nobles, ministerials, and other faithful subjects of our empire who were present, what should be the penalty for coiners of false money, for those who pass false money or knowingly have it in their possession, and for the lords who protect such persons in their castles. It was decided that the coiner of false money should be decapitated; that he who passed false money or knowingly had it in his possession should lose his hand, and that the lord who protected a coiner of false money should suffer the same penalty as the coiner.

152. The Beginning of the Swiss Confederation, 1290.

Kopp, Urkunden zur Geschichte der eidgenössischen Bünde, no. 19.

The Swiss confederation had its beginning in the following league which the three forest cantons, Uri, Schwyz, and Unterwalden, made in 1290. It is in itself, however, a renewal of a still older league, the history of which is unknown to us. This document reveals the fact that these cantons were not entirely independent, but were subject to some external power. For instance, they did not choose or create their own judges, but received them from some one whom they recognized as their lord. The next document, no. 152 a, shows that unfree men, probably ministerials, had been put over them as judges.

In the name of the Lord, amen. It is a good thing for the public utility if communities agree to preserve order and peace. Therefore let all know that the men of the valley of Uri, and the community of the valley of Schwyz, and the commune of those who live within the mountains of the lower valley [Unterwalden], considering the dangers that threaten them, and in order to be better able to defend themselves and their possessions, have, in good faith, promised mutually to assist each other with aid, counsel, and support, and with their persons as well as their possessions, with all their power and with their best effort, within the valley and without, against each and all who may try to molest, harm, or injure any of us in our persons or in our possessions. Each commune promised to aid the others whenever it should be necessary, and at its own expense to assist the others in repelling the attacks of their enemies and in avenging their injuries. The three cantons took oath that they would do these things without treachery.

We hereby renew the ancient agreement which has existed among us. (1) Each man, according to his condition, shall be bound to obey his lord and to serve him in the proper manner. (2) We unanimously promise, decree, and ordain that in the aforesaid valleys we will not receive any judge who has bought his office in any way, or who is not an inhabitant of the valley. (3) If a dispute arises among us, the more prudent among us shall meet and settle it as seems best to them. If anyone refuses to accept their decision we will all assist in enforcing it. (4) Above all, we decree that whoever treacherously and without good reason kills another shall be taken and put to death, unless he can prove his own innocence and a grave offence of the other. If the murderer runs away, he shall never be permitted to return to the valley. All who receive or protect such a malefactor shall be driven out of the valley until the people agree to permit them to return. (5) If anyone, by day or night, secretly and maliciously burns the house of another, he shall never again be regarded as a citizen of the valley. And if anyone protects or defends such a malefactor within the valley, he shall make proper satisfaction to him whose house was burned. (6) If anyone seizes the property of another, his own possessions, if they are in the valley, shall be seized for the purpose of rendering just satisfaction to him whose property was taken. (7) No one shall take the property of another as a pledge [security], unless he is bondsman for him, or the latter is clearly his debtor, and then only with the special permission of the judge. (8) Each one must obey his judge, and, if necessary, must tell the name of the judge before whom he must answer. (9) If anyone resists the decision of the judge and thereby causes damage to another, we are all bound to assist in compelling him to make proper satisfaction to him whom he has injured. (10) If war [feud] or a quarrel arises between any of us, and one of the parties refuses or neglects to secure its justice or to render satisfaction, we are all bound to defend the other party.

As an evidence that these statutes shall be binding forever this present document was made at the request of the aforesaid inhabitants and sealed with the seals of the three communities.

Done in the year of our Lord 1290, at the beginning of August.

152 a. Edict of Rudolf, Forbidding Judges of Servile Rank to Exercise Authority in Schwyz, 1291.

M. G. LL. folio, II, p. 457.

The free peasants of the Swiss cantons had a serious ground of complaint in the fact that feudal lords made use of their ministerials in the administration of justice. Being themselves freemen, the peasants of Schwyz objected to being tried and judged by men of unfree rank, as the ministerials were. See nos. 296 and 297.

Rudolf, by the grace of God king of the Romans, Augustus, to all the freemen of Schwyz, his beloved subjects, grace and every good thing. We regard it as unfitting that any person of servile condition should be made a judge over you. Therefore, by our royal authority expressed in this letter, we decree that no one of servile condition shall ever in the future exercise the authority of a judge over you.

153. Concessions of Adolf, Count of Nassau, to the Archbishop of Cologne in Return for his Vote, 1292.

Ennen, Wahl des Königs Adolf von Nassau, pp. 56 ff; Altmann und Bernheim, no. 16.

Candidates for the royal crown in Germany were compelled to practise bribery in the most open and shameless manner. Each elector was determined to get as much as he could for his vote, in one way or another, and so demanded a great variety of things from the candidate. We give the agreement which Adolf, count of Nassau, was compelled to make with the archbishop of Cologne in 1292. Of course he had to pay, or at least promise to pay, something to each of the other electors. An analysis of each paragraph will make clear the advantages which the archbishop sought to obtain from Adolf in return for his vote.

The archbishop of Cologne had followed a policy of territorial expansion. The great commercial interests of his city made it desirable that it should control the water-way to the sea and, if possible, a part of the coast-line. So Siegfried attempted to get possession of the lands which lay to the north and northwest, between Cologne and the sea. This brought him into conflict with the dukes of Brabant, and led to a war. In the battle of Worringen, June 6, 1228, the archbishop was defeated, taken prisoner, and held as a captive for eleven months. During his captivity his enemies took many of his possessions from him. In addition to these misfortunes the people of Cologne rebelled against him, and seized his castles, lands, and revenues. When he was finally released from captivity, he found himself in a bad plight. He was without troops, his castles were either destroyed or in the hands of his enemies, and the gates of his city were closed against him. This explains many of the things which he demanded of Adolf.

Otto "with the arrow," the margrave of Brandenburg (d. 1309), received his title in a curious way. He made war on the archbishop of Magdeburg, and in a battle was struck on the head with an arrow. The point of the arrow could not be removed, but remained in his head for more than a year. On this account he was afterward called Otto "with the arrow."

We, Adolf, by the grace of God count of Nassau, etc. Long before the empire was made vacant by the death of Rudolf, king of the Romans, we had vowed to God to go on a crusade, if it were possible, and to render a pleasing service to God for the remission of our sins. Now we could do much more for the honor of God and the recovery of the holy land, if we, although unworthy, were elected king of the Romans. Since our reverend father, Siegfried, archbishop of Cologne, is laboring for our election and will vote for us, of our own free will and accord we promise and bind ourselves by our word of honor and by our oath to do the following things:

(1) If we are elected king of the Romans, we will protect and defend the church and all ecclesiastical persons in all their rights and liberties, and if damage is done them, we will endeavor to make it good. And we promise this especially of the church of Cologne, which has now for a long time been suffering from her heavy losses and misfortunes.

(2) Even if the other electors do not vote for us, we will accept the election at the hands of the archbishop of Cologne, and we will never give up the right to the crown which his vote gives us.

(3) And because the empire cannot prosper if the holy church of Cologne, which has suffered so many losses and misfortunes, is not first restored by the aid of the empire, we promise and of our own free will and accord bind ourselves by our word of honor and by our oath that if the archbishop votes for us, we will surrender to him and to his successors and to the church of Cologne the fortresses and strongholds, Cochem, Wied, Landskrone, Sinzig, Duisburg, and Dortmund, in order that he may better defend and preserve the right of the realm and of the empire in those parts, and also the rights of the church of Cologne, against their enemies and opponents. We will free these places from the claims of those who now hold them, and we will give them, with all their rights, income, jurisdiction, tolls, and belongings, to be held and possessed by the said archbishop and his successors and the church of Cologne as long as we live. And we will never demand them, or any part of their income, of the archbishop as long as we live. We grant all their income, tolls, and profits during our reign to the archbishop in return for his services in holding them against our enemies and those of the empire. We reserve for ourselves only the free right to enter the said places whenever it may be necessary.

(4) The said archbishop and the church of Cologne had pawned their castles, Leggenich, Wied, Waldenburg, Rodenburg, and Aspel, to count Adolf de Monte for a certain sum of money in order to liberate the archbishop from captivity; but the Roman church had ordered the said count under threat of excommunication and interdict to restore freely and entirely the said castles to the archbishop and his church and had commissioned Rudolf, the late king of the Romans, to see that he did so. We promise therefore that we will compel count Adolf and his heirs to surrender the said castles and the village of Deutz to the archbishop and his church without any loss and without the payment of any money.

(5) We also promise to restore to the said archbishop the advocacy and jurisdiction in Essen, and the manors of Westhoven, Brakel, and Elnenhorst, and we guarantee to him the peaceable possession of them.

(6) We also promise to maintain the archbishop and his successors in the possession of the castles Wassenberg and Leidberg, and we will aid them against the duke of Brabant and the count of Flanders and all others who may attempt to invade and seize these possessions.

(7) If the archbishop or his successors and the church of Cologne wish at their own expense to rebuild the castles, Worringen, Ysenburg, Werl, Minden, Ravensberg, Volmarstein, Hallenberg, and the other castles of the church of Cologne which were destroyed during the captivity of the archbishop, we promise to resist all violence offered them while doing so, and we will use our royal power against those who try to prevent them from rebuilding them.

(8) We also promise to confirm the archbishop in the possession of the tolls at Andernach and Rheinberg, and we will renew all the grants which have been made by emperors and kings to the said church.

(9) We also promise to restore to the archbishop and the church of Cologne the castle and possessions at Zelten, of which the archbishop was deprived during his captivity by the count of Veldenz.

(10) We also promise to compel the citizens of Cologne to make the proper satisfaction to the archbishop and the church of Cologne for their offences against the archbishop. They have now been excommunicated a year and a day and their offence is notorious, and if they do not make the proper satisfaction to the archbishop, we will, at the request of the archbishop and the church of Cologne, proscribe the citizens and confiscate their property. And we will labor with all our might and at our own expense to aid the archbishop and his successors and the church of Cologne against the citizens and all who aid them. We will not cease to make war on them nor will we make a peace, truce, or agreement with them without the consent of the archbishop, and in such matters we will follow his wishes.

(11) We also promise that if the citizens submit to the archbishop, or are subjected by him, we will not in any way interfere in the affairs of the city, nor will we require an oath of fidelity and homage from the citizens, because the city belongs completely to the archbishop and he has jurisdiction over it in all matters both spiritual and temporal.

(12) We also promise to renew and confirm to the archbishop and the church of Cologne their protection of the monastery of Corvey, which was granted them by Rudolf, king of the Romans, and we will recover for the church of Corvey all the castles and strongholds which have been violently taken from her.

(13) We promise to give the archbishop and the church of Cologne 25,000 silver marks toward defraying the necessary expenses which he and the church of Cologne are bound to have in performing the services which they owe to the empire.

(14) In order to secure the observance of these promises, we agree to get the castles, Nassau, Dillenburg, Ginsberg, and Segen, with the full consent of count Henry, his wife, and his brother, Emicho, and also Braubach, Rheinfels, Limburg, and the castle and town of Velmar, with the consent of their lords and their heirs, and we will put all these places into the hands of the archbishop, his successors, and the church of Cologne, to be held at our expense. We will name fifty nobles and knights as good and legal security, and if the archbishop wishes, we will go into Bonn with these fifty nobles within fifteen days, and we will not leave Bonn until each and all of these promises have been fulfilled, or security given that they will be fulfilled to the satisfaction of the archbishop.

(15) We also agree that if we act contrary to these our promises, or fail to give the archbishop security, we shall thereby be deposed and we shall lose the kingdom to which we have been elected, and in that case we will renounce all claims upon the realm which we acquired by the election. And the electors shall proceed to elect another king, if the archbishop thinks it best.

(16) We will not demand the coronation, or consecration, or installation, in Aachen from the archbishop, nor in any way trouble him about it until we have given him full security that we will do all that we have promised.

(17) We likewise cancel the debt which the archbishop owes us on account of the tolls at Andernach, which he had pawned to us.

(18) We further promise to call before our court the trial which is pending between the archbishop and the count of Nassau for the recovery of losses and damages, and we will decide it according to the desire of the archbishop.

(19) We also promise to seek the favor and friendship of Otto "with the arrow," the margrave of Brandenburg, for the archbishop and the church of Cologne, as well as the favor of count Otto of Everstein.

(20) If the children of the late William, brother of Walram, who is now count of Jülich, bring suit or make war on the present count, Walram, for the possession of the county and other possessions, we will assist count Walram. And we will aid him against the duke of Brabant, the count of Flanders, and others who may make war on him.

(21) We will give the said count Walram the town of Düren as long as we live.

(22) The office of _Schultheiss_ of Aachen, with all the rights of that office, we will give to whomsoever the archbishop may choose.

(23) Rudolf, king of the Romans, was in debt to the father of the said count, Walram, and had given him his note. In regard to this debt we will consult our friends and the archbishop, and we will do what is right and in some way satisfy the count.

(24) We also promise that so long as we live we will be favorable and friendly to the archbishop and the church of Cologne, and we will aid them against their enemies, and, without the consent of the archbishop and his successors, we will never take the counts of Monte and Marka, or the duke of Brabant, or other enemies of the church of Cologne into our counsel and confidence.

(25) In testimony of this we have affixed our seal to this writing.

(26) We, John, lord of Limburg; Ulric, lord of Hagenau; Godfrey of Merenberg, and John of Rheinberg, at the command of count Adolf, have sworn and promised that we will compel the said count Adolf to fulfil each and all of these promises without treachery and fraud. And we have affixed our seals to this document.

(27) Besides we, Adolf, promise under threat of the aforesaid punishments, that we will not enfeoff anyone with the duchies of Austria and Limburg, which have reverted to the crown, nor will we make any disposition of them without the express and written consent and permission of the archbishop.

154. The Archbishop of Mainz is Confirmed as Archchancellor of Germany, 1298.

De Guden, Codex Diplom., I, pp. 904 f; Altmann und Bernheim, no. 18.

The archbishop of Mainz had long been the archchancellor of Germany, but nearly all the duties of the office were performed by others. Although his office had become a sinecure, he wished to retain it, because of the dignity which the title gave him, as well as the income of it. The archbishop of Mainz had been a determined opponent of the Hapsburg party in 1292, and again in 1298, when Adolf was deposed, he was not at first favorable to the candidacy of Albert. He may have feared that Albert, in a spirit of revenge, would attempt to deprive him of his office, or at least of some of its perquisites.

Albert, by the grace of God, king, etc. We remember with gratitude how ably and faithfully Gerhard, the venerable archbishop of Mainz, labored to elect us king and supported us after we were elected. For this we surely ought not only to protect him and his church in their liberties, rights, and prerogatives, but also to show him still greater kindness and favors. We therefore declare that the aforesaid archbishop and all his successors in the archbishopric are and ought to be archchancellors of the holy empire in Germany. And we faithfully promise and bind ourselves by this document to maintain, defend, and protect the said archbishop and his successors in the rights, honors, dignities, and liberties which belong to them because of their office as archchancellor. That is, they shall always receive a tenth of all the money which we collect from the Jews, and they shall always appoint the chancellor to take their place [and do the work of their office], and they shall have all the profits accruing from this office, whether the said archbishops are actually present at our court or not.

155. Declaration of the Election of Henry VII, 1308.

M. G. LL. folio, II, p. 491; Altmann und Bernheim, no. 19.

This document shows the last step in the election of a German king. After all the electors had discussed the candidates and expressed their choice, the count palatine of the Rhine may be said to have cast the vote of the whole body of electors for the candidate upon whom they had agreed.

In the name of the Father, Son, and Holy Spirit, amen. The kingdom and the empire of the Romans having become vacant by the death of Albert, king of the Romans, of blessed memory, notices were sent to all who have the right to vote in the election of a new king of the Romans, and on the day set all those who have any part in it were present and agreed to proceed to the election. And after each of the electors had declared his choice it appeared that all had given their votes for Henry, count of Luxemburg, agreeing upon him and naming him as king-elect, because they were confident from what they knew of his merits and his fidelity that he would defend and foster the holy Roman and universal church in her spiritual and temporal interests and would govern wisely the empire with the aid of God. Now, therefore, I, Rudolf, count palatine of the Rhine, for myself and my coelectors, by the authority which they have specially conceded to me do elect this Henry, count of Luxemburg, king of the Romans, advocate of the holy Roman and universal church, and defender of widows and orphans, and I invoke upon him the grace of the Holy Spirit.

156. The Supplying of the Office of the Archchancellor of Italy, 1310.

Lacomblet, Urkundenbuch für die Geschichte des Niederrheins, III, p. 70; Altmann und Bernheim, no. 20.

The archbishop of Cologne as archchancellor of Italy wished to enjoy the honors and revenues of his office, but the work connected with it was done by some one else. For some reason he did not wish to go into Italy with the king. So Henry VII confirmed him in his rights, and excused him from accompanying him.

Henry, by the grace of God king of the Romans, Augustus, to all present and future subjects of the holy Roman empire, grace and every good thing.... Henry, venerable archbishop of Cologne, archchancellor of the empire for Italy and our very dear prince, has excused himself from accompanying us across the Alps, whither, God willing, we are shortly going, because he is so occupied with our affairs here and with the interests of the empire and of his own church. Therefore, at his request, we have appointed a suitable person to accompany us in his place, and to exercise the office of chancellor in Italy for him, guarding the seals and performing such other duties as the office may require. We have also granted to the archbishop as a special grace, because of his conspicuous merits, that the honor, authority, and profits of the office shall belong entirely to him and to his church of Cologne. He whom we have put in charge of the office shall perform the duties of the chancellor in Italy in the place of the archbishop, and all persons shall obey him in all matters regarding the rights and revenues belonging to the archbishop of Cologne and shall appear before him at the accustomed place and time.

157. The Law "Licet Juris" of the Diet of Frankfort, August 8, 1338.

Altmann und Bernheim, no. 27.

John XXII had declared, in his struggle with Ludwig the Bavarian, that he had the right to confer the imperial crown, and to administer the empire during a vacancy. His broad claims offended the German people and led to a spirited but brief exhibition of national sentiment. The electors met at Rense, 1338, and emphatically declared that the imperial crown was not in any way dependent on the will of the pope, but that he whom they elected king of Germany was thereby made emperor without any action on the part of the pope. A few days later a diet was held at Frankfort, and the decision of the electors at Rense was enacted as a law. But it must be said that the electors themselves nullified it by appealing to the pope for aid when they deposed Ludwig and elected Charles IV (1346-7).

Both the canon and the civil law declare plainly that the dignity and authority of the emperor came of old directly from the Son of God, that God has appointed the emperors and kings of the world to give laws to the human race, and that the emperor obtains his office solely through his election by those who have the right to vote in imperial elections [the electors], without the confirmation and approval of anyone else. For in secular affairs he has no superior on earth, but rather is the ruler of all nations and peoples. Moreover, our Lord Jesus Christ has said: "Render unto Cæsar the things which are Cæsar's, and unto God the things which are God's." Nevertheless, certain persons, blinded by avarice and ambition, and totally ignorant of the Scriptures, have distorted the meaning of certain passages by false and wicked interpretations, and on this basis have attacked the imperial authority and the rights of the emperors, electors, and other princes and subjects of the empire. For they wrongfully assert that the emperor derives his position and authority from the pope, and that the emperor elect is not the real emperor until his election is confirmed and approved, and he is crowned by the pope. These false and dangerous assertions are clearly the work of the ancient enemy of mankind, attempting to stir up strife and discord, and to bring about confusion and dissensions among men.

In order to prevent this we now declare by the advice and with the consent of the electors and other princes of the empire, that the emperor holds his authority and position from God alone, and that it is the ancient law and custom of the empire that he who is elected emperor or king by the electors of the empire, thereby becomes true king and emperor of the Romans, and should be obeyed by all the subjects of the empire, and has full power to administer the laws of the empire and to perform all the functions of the emperor, without the approval, confirmation, authorization, or consent of the pope or any other person.

Therefore, we decree by this perpetual edict that the emperor elected by the electors or a majority of them is to be regarded and considered by all to be the true and lawful emperor, by reason of the election alone; that he is to be obeyed by all subjects of the empire; and that he has, and all must hold and assert that he has, the complete imperial power of administration and jurisdiction. If anyone contradicts these decrees and decisions or any one of them, or agrees with those who contradict them, or yields obedience to the commands, letters, or instructions of opponents of these decrees, we hereby deprive him and declare him to be deprived, by virtue of his act and of this law, of all fiefs which he holds of the empire, and of all favors, jurisdiction, privileges, and immunities which have been granted to him by us or by our predecessors. Moreover, we declare that he is guilty of offence against the majesty of the emperor, and subject to the penalties incurred by this offence.

158-159. The Diet of Coblenz, 1338.

158. Chronicle of Flanders. (French.)

Böhmer, Fontes rerum Germanicarum, I. pp. 190 f.

The name of the empire was still something to conjure with, although it was little more than a name. Not only had the emperors long since ceased to exercise any authority over the nations of Europe, but they had also become mere figure-heads in Germany and Italy. Ludwig of Bavaria was not only cowardly and ineffectual, but he was also without the means necessary to secure a vigorous forcible government in Germany. Even the thought of his disposing of the French crown, or interfering effectively in the affairs of France, was absurd. These two documents show that the idea of the worldwide empire lived on, and illustrate the way in which otherwise sensible men could make use of it when it suited their purpose. Edward III, who was just beginning the Hundred Years' War, was seeking allies against France. In securing an alliance with the emperor and the appointment as imperial vicar in the Netherlands, his purpose was to acquire the right to call on the nobles of that territory to aid him in his war.

How the emperor, wearing the imperial insignia, held a diet.

The Saturday before the Nativity of our Lady, in September of the year of grace 1338, the electoral princes of Germany came together at Coblenz, and there they held a diet, placing the emperor, Ludwig of Bavaria, upon a throne twelve feet high. The emperor wore a robe of changeable silk, and over it a mantle, and broad fanons on his arms. He wore a stole, crossed on his breast like that of a priest and richly embroidered with his arms; and on his feet he wore shoes made of the same cloth as his robe. On his head he wore a round mitre surmounted by a heavy golden crown; the crown was covered with flowers worked in gold, and in the front was a cross of gold which overtopped the flowers. He wore white silk gloves on his hands and precious rings on his fingers. In his right hand he held a golden globe surmounted by a cross, and in his left a sceptre. At the right of the emperor sat the margrave of the East Mark and of Meissen, to whom the emperor gave the globe to hold. The king of England sat beside the emperor on a lower throne, clad in a scarlet robe, on the breast of which a castle was embroidered. At the left of the emperor sat the margrave of Jülich, to whom the emperor gave the sceptre to hold. Two steps below the emperor sat the electoral princes of the empire. Sire de Kuck, representing the duke of Brabant, stood behind the emperor, about two feet above him, holding a naked sword. And the emperor, seated on the throne and holding a diet, proclaimed to all by the words of his own mouth that he had created the king of England his vicar and lieutenant.

159. Chronicle of Henry Knyghton.

Böhmer, Fontes rerum Germanicarum, I, pp. 191 f.

See introductory note to no. 158.

When the emperor learned of the approach of king Edward, he set out from his place to meet him, and after travelling four days he met him near Coblenz, receiving him there with great honor. Two richly decorated thrones were set up in the market-place, and on these the emperor and the king sat. There were present in attendance four dukes, three archbishops, six bishops, and thirty-seven counts, besides a great number, estimated by the heralds at 17,000, of barons, baronets, knights, and others. The emperor held in his right hand the imperial sceptre, and in his left the golden globe as a symbol of world-wide authority. A certain knight held a drawn sword above his head. And the emperor in the presence of the people gathered there proclaimed to all the crimes, disobedience, and wickedness of the king of France. And after he had declared that the king of France had broken his faith to the emperor, he published a decree of forfeiture against him and his followers. Then the emperor made king Edward his vicar and gave him authority over the land from Cologne to the sea, presenting him with a charter of this in the sight of all the people.

On the next day the emperor and the king of England and their nobles assembled in the cathedral, and the archbishop of Cologne said mass. And after mass the emperor and all his nobles swore to aid the king of England and to maintain his quarrel against the king of France with their lives for seven years, if the war between the said kings should last so long. They also swore that all the nobles in the territory from Cologne to the sea would come at the summons of the king of England to join him in an attack upon the king of France at any place and at any time set by him. If any one of them should fail to obey the king of England in these matters, all the other nobles of northern Germany would attack and destroy him. These affairs having been arranged and settled, the king of England received the grant of authority and returned to Brabant.

160. The Golden Bull of Charles IV, 1356.

Altmann und Bernheim, no. 29.

Various things had led the emperors to follow the policy of conferring crown rights upon their princes. In order to carry out their Italian policy the Hohenstaufen had sacrificed the power of the crown in Germany (see nos. 110-112, 136, 138, 139), and after the interregnum the electors pillaged the crown at every opportunity (see nos. 149, 153). The result was that the crown was stripped of authority, while the princes had developed almost complete sovereignty in their lands. Charles IV, in the Golden Bull, attempted to fix as in a constitution the actual rights and status of the princes. He saw that Germany was no longer a monarchy, but a federation of princes.

Although from 1273 the number of electors was fixed at seven, it was not always clear who these seven were. Thus in 1313 two men claimed to possess the electoral vote of Saxony, and two others, that of Bohemia. Charles IV made provisions to prevent the recurrence of such a situation by attaching the electoral vote to the possession of certain lands (see chaps. VII, XX, and XXV). Charles IV was himself king of Bohemia, and, knowing that it was hopeless to attempt to restore the German kingship, he exerted himself in the Golden Bull to secure for Bohemia all the advantages possible.