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.

{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."