Page:Select historical documents of the Middle Ages.djvu/256

This page has been proofread, but needs to be validated.
236
SELECT HISTORICAL DOCUMENTS.

the Romans and prospective emperor. And, together with the spiritual princes, they are considered said are the true and lawful prince electors of the holy empire. Lest, in future, among the sons of these same secular prince electors, matter for scandal and dissension should arise concerning the above right, vote and power, and the common welfare be thus jeopardized by dangerous delays, we, wishing by God's help to wholesomely obviate future dangers, do establish with imperial authority and decree, by the present ever-to-be-valid law, that when these same secular prince electors, or any of them, shall die, the right, vote and power of thus electing shall, freely and without the contradiction of any one, devolve on his first born, legitimate, lay son; but, if he be not living, on the son of this same first born son, if he be a layman. If, however, such first born son shall have departed from this world without leaving male legitimate lay heirs,—by virtue of the present imperial edict, the right, vote and aforesaid power of electing shall devolve upon the elder lay brother descended by the true paternal line, and thence upon his first born lay son. And such succession of the first born sons, and of the heirs of these same princes, to their right, vote and power, shall be observed in all future time; under such rule and condition, however, that if a prince elector, or his first born or eldest lay son, should happen to die leaving male, legitimate, lay heirs who are minors, then the eldest of the brothers of that elector, or of his first born son, shall be their tutor and administrator until the eldest of them shall have attained legitimate age which age we wish to have considered, and we decree that it shall be considered, eighteen full years in the case of prince electors; and, when they shall have attained this, the guardian shall straightway be obliged to resign to them completely, together with his office, the right, vote and power, and all that these involve. But if any such principality should happen to revert to the holy empire, the then emperor or king of the Romans should and may so dispose of it as of a possession which has lawfully devolved upon himself and the empire. Saving always the privileges, rights and customs of our kingdom of Bohemia concerning the election, through its subjects, of a king in