Charles IV Publishes His Golden Bull

Introduction
The Golden Bull of Charles IV of Germany, Emperor of the Holy Roman Empire, first published at the Diet of Nuremberg in 1356, was a charter–sometimes called the “Magna Charta of Germany” — regulating the election of the emperor. It was called “golden” because the seal attached to the parchment on which it was engrossed was of gold instead of the customary lead. In a diet at Metz in the same year six additional clauses were promulgated.

By some historians the origin of the imperial electoral college is assigned to the year 1125, when at the election of Lothair II certain of the nobles and church dignitaries made a selection of candidates to be voted for. But until the promulgation of the Golden Bull the constitution and prerogatives of the college were never definitely ascertained.

The personal traits and the languid reign of Charles IV have been treated by historians with derision. He forgot the general welfare of the empire in his eagerness to enrich his own house and aggrandize his paternal kingdom of Bohemia. The one remarkable law which emanated from him, and whereby alone his reign is distinguished in the constitutional history of the empire, is that embodied in the Golden Bull. By this instrument the dignity of the electors was greatly enhanced, and the disputes which had arisen between members of the same house as to their right of suffrage were terminated. The number of electors was absolutely restricted to seven.

This selection is from The History of the Western Empire by Sir Robert Comyn published in 1841. For works benefiting from the latest research see the “More information” section at the bottom of these pages.

Sir Robert Comyn (1792-1853) was served as Chief Justice of the Madras High Court from 1835 to 1842. He wrote two books on law and one history book identified above.

Time: 1356
Place: Metz, Geermany

After a solemn invocation of the Trinity, a reprobation of the seven deadly sins, and a pointed allusion to the seven candlesticks and the seven gifts of the Holy Ghost, the Golden Bull proceeds to the subject of the imperial election. It provides, in the first place, for the safe conduct of the seven electors to and from Frankfort-on-the-Main, which is fixed as the place of election; it directs the archbishop of Mainz to summon the electors upon the death of the emperor, and regulates the manner in which their proxies are to be appointed; it enjoins the citizens of Frankfort to protect the assembled electors; and forbids them to admit any stranger into the city during the election.

It next prescribes the form of oath to be taken by the electors; and also forbids them to quit the city before the completion of the election; and after thirty days restricts their diet to bread and water. A majority of votes is to decide the election; and in case any elector obtain three votes, his own vote is to be taken in his favor.

The precedence of the electors is thus settled: First, the archbishops of Mainz, Cologne, and Treves; then the King of Bohemia, the Count Palatine, the Duke of Saxony, and the Margrave of Brandenburg. The Elector of Treves is to vote first; then the Elector of Cologne; then the secular electors; and the Elector of Mainz is finally to collect the votes and deliver his own.

The Elector of Cologne is to perform the coronation. At all feasts the Margrave of Brandenburg, as grand chamberlain, is to present the Emperor with water to wash; the King of Bohemia, as cup-bearer, is to offer the goblet of wine; the Count Palatine, as grand steward, is to set the first dish on the table; and the Duke of Saxony is to officiate as grand marshal.

The Count Palatine and the Duke of Saxony are declared vicars of the empire during the vacancy of the throne. An exclusive jurisdiction is guaranteed to the electors; and their precedence over all other princes of Germany is enforced.

The right of voting is vested in the eldest son of a deceased elector, provided he have attained the age of eighteen; and during the minority, the guardianship and vote are vested in the next kinsman of the deceased.

If one of the lay electorates become vacant by default of heirs, it shall revert to the Emperor, and be by him disposed of–Bohemia excepted, where the vacancy is to be supplied by ancient mode of election.

The electors are invested with the possession of all mines discovered within their respective territories. They are authorized to give refuge to the Jews, and to receive dues payable within their states. They are also privileged to coin money, and to purchase lands subject to the feudal rights of the sovereign.

A yearly assembly of the electors, in one of the imperial cities, is enjoined.

All privileges granted to any city or community prejudicial to the rights of the electors are revoked. All fraudulent resignations of fiefs by vassals, with intent to attack their lords, are declared void. All leagues, associations, and confederacies, not sanctioned by law, are made punishable by fine; and all burgesses and subjects of princes and nobles are to adhere to their original subjection, and not to claim any rights or exemptions as burgesses of any city unless actually domiciled therein.

Challenges, with design of destroying another’s property or committing any outrage, are prohibited; and all challenges are to be given three days before the onset.

The forms of summoning electors, and of their delegation of proxies, are laid down. And the right of voting, as well as all other rights, is declared inseparably incident to the electoral principality.

On grand occasions the Duke of Saxony is to carry the sword; the Count Palatine, the globe; the Margrave of Brandenburg, the scepter. In celebrating mass before the Emperor, the benedictions are to be pronounced by the senior spiritual elector present.

All persons conspiring against the lives of the electors are declared guilty of leze-majesty, and shall forfeit their lives and possessions. The lives of their sons, though justly forfeited, are spared only by the particular bounty of the Emperor; but they are declared incapable of holding any property, honor, or dignity, and doomed to perpetual poverty. The daughters are permitted to enjoy one-fourth of their mother’s succession.

The secular principalities, Bohemia, the Palatinate, the duchy of Saxony, and the margravate of Brandenburg, are declared indivisible and entire, descendible in the male line.

On all the solemn occasions the electors shall attend the Emperor, and the arch-chancellors shall carry the seals. And the bull then proceeds minutely to point out the manner in which the electors are to exercise their ministerial functions at the imperial banquet; and regulates the order and disposition of the imperial and electoral tables.

Frankfort is again declared as the place of election; Aix-la-Chapelle, of coronation; and Nuremberg, for holding the first royal court.

The electors are exempted from all payments on receiving their fiefs from their sovereign. But other princes are to pay certain fees, etc., to the imperial officers.

Lastly, the secular electors are enjoined to instruct their sons in the Latin, Italian, and Slavonic tongues.

At the final promulgation of the bull in the Diet of Metz the Emperor and Empress feasted, in the presence of the dauphin (Charles V) and the legate of Pope Innocent VI, with all the pageantry and ceremonies prescribed by the new ordinances. The imperial tables were spread in the grand square of the city; Rudolph, Duke of Saxe-Wittenberg, attended with a silver measure of oats, and marshalled the order of the company; Louis II, Margrave of Brandenburg, presented to the Emperor the golden basin, with water and fair napkins; Rupert, Count Palatine, placed the first dish upon the table; and the Emperor’s brother, Wenceslaus, representing the King of Bohemia, officiated as cup-bearer. Lastly, the princes of Schwarzburg and the deputy huntsman came with three hounds amid the loud din of horns, and carried up a stag and a boar to the table of the Emperor.

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