Page:A History of the Knights of Malta, or the Order of St. John of Jerusalem.djvu/753

Appendix IX. 715 law, and customary to be performed by vassals. The investiture of which feudal tenure, however, shall be renewed in every case of a new succession, and completed according to the dispositions of the common law, and the Grand-Master for the time being, for himself and the above-mentioned Order generally in this recognition and investiture, shall be bound to give a pledge, that from the said cities, castles, or places, he will not permit loss, or prejudice, or injury, to be perpetrated againsL us, or our kingdoms and lord-• ships above-mentioned, or those of our successors in the said kingdoms, either by sea or by land, nor will offer assistance or favour to those inflicting such injuries, or desirous of inflicting them ; but rather shall strive to avert the same with all their power. And if any one arraigned of a capital crime, or accused of any similar offence, shall escape from the said kingdom of Sicily, and shall take refuge in these islands, and their feudatories, if they shall be required on the part of the viceroy, or of the governor, or the ministers of justice of the said kingdom for the time being, they shall be bound to expel such fugitive or fugitives, and to drive them far away from their island, with the exception of those who are accused of treason, or of heresy, whom they shall not eject, but, at the requisition of the viceroy or his lieutenant, they shall take them prisoners, and remit them in custody, to the viceroy or governor. Furthermore, in order that the nomination to the bishopric of Malta may remain as it is now, in our gift and presentation, and in that of our successors in the kingdom of Sicily; therefore, we decree, that after the death of our reverend and beloved councillor, Balthaser de Vualtkirk, our imperial vice-chancellor lately nominated by us to that diocese, as also in the case of every subsequent vacancy occurring hereafter, the Grand-Master and the convent of the Order shall nominate to the viceroy of Sicily three persons of the Order, of whom one at least shall be and must be a subject of ours or of our successors in the kingdom, and who shall all be fit and proper persons for the exercise of that pastoral dignity. Of which three persons thus nominated, we, and our successors in the kingdom, will present, and shall be bound to present the one whom we or they may judge to be the most worthy for the pest. The Master shall be bound to grant the dignity of the grand-cross to whosoever may be nominated to the said bishopric, and shall give him admission into the council of the Order, together with the priors and bailiffs. Also, since the admiral of the Order is bound to be of the language and nation of Italy, and it is deemed advisable that, for him who is to exercise his authority, when absence or other impediments occur, if a suitable person can be found in the same language and nation, it shall be given to him; it is therefore reasonable, that under a similar parity of suitableness, that person should the rather be elected to exercise that 0111cc, who may be judged the most eligible from amongst that nation and language, who shall exercise his office and be deemed suspected of none. Furthermore, let statutes and firm decrees be made of everything contained in the three preceding articles, according to the style and manner used in the said Order, with the approbation and authority of our sacred Lord and of the Apostolic see; and let the Grand-Master of the Order who now is, or here-