Page:Select historical documents of the Middle Ages.djvu/274

This page has been proofread, but needs to be validated.
254
SELECT HISTORICAL DOCUMENTS.

be instituted,[1] and, if some one already convicted die, his memory shall be condemned and his goods taken away from his heirs. (14) For from the time when any one conceived so wicked a plot, from then on he has to some extent been punished mentally; but from the time when any one drew down upon himself such a charge, we decree that he may neither alienate nor release, nor may any debtor lawfully make payment to him. (15) For in this Case we decree that slaves may be tortured in a matter involving the life of their master; that is, in the case of a damnable conspiracy against the prince electors, ecclesiastical and secular, as has been said before. (16) And if any one should die, on account of the uncertain person of his successor his goods shall be held, if he be proved to have died in a case of this kind.

25.

If it is fitting that other principalities be preserved in their entirety, in order that justice may be enforced and faithful subjects rejoice in peace and quiet: much more ought the magnificent principalities, dominions, honours and rights of the elector princes to be kept intact—for where greater danger is imminent a stronger remedy should be applied,—lest, if the columns fall, the support of the whole edifice be destroyed. We decree, therefore, and sanction, by this edict to be perpetually valid, that from now on unto all future time the distinguished and magnificent principalities, viz.: the kingdom of Bohemia, the county palatine of the Rhine, the duchy of Saxony and the margravate of Brandenburg, their lands, territories. homages or vassalages, and any other things pertaining to them, may not be cut, divided, or under any condition dismembered, but shall remain forever in their perfect entirety. The first born son shall succeed to them, and to him alone shall jurisdiction and dominion belong; unless he chance to be of unsound mind, or idiotic, or have some other marked and known defect on account of which he

  1. "Ut etiam post mortem nocencium hoc crimen inchoari possit." (13) and (15) are an awkward repetition, an explanatory one, it is true, of (11) and (12).