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Volume 1. From the Reformation to the Thirty Years War, 1500-1648
The Golden Bull (1356)
This first great act of the law of the late medieval Empire was issued in 1356 by Emperor
Charles IV (1316-78), King of the Romans since 1346 and King of Bohemia since 1347. It
remained in force until 1803. Named for its golden seal, the Golden Bull regulated the Imperial
succession. It named the royal electors and fixed their number at seven – four temporal
(Bohemia, Palatinate, Saxony, and Brandenburg) and three spiritual (Mainz, Cologne, and Trier)
– and declared their temporal lands indivisible. With the Golden Bull, the Empire acquired the
first elements of the constitutional structure it would possess for the next 450 years. Note the
highly symbolic language of the introduction (and compare the language with that of the Public
Peace of 1495). We may very well doubt that the German aristocracy was moved by the
reference to the Greek furies, a conceit of Charles’s chancery, in which neo-classical learning
was prized. Entirely traditional, on the other hand, was the manner in which the statute dealt
with the problem of instability almost entirely in terms of persons, not impersonal institutions.
The latter would begin to appear during the course of the fifteenth century.
The Golden Bull of 1356
The Nuremberg Book of Laws. January 10, 1356
Almighty, eternal God, sole Hope of the world, Who dost reveal Yourself to be Shaper of the
heavens and Creator of the earth, look down upon Your people! From the heights of heaven
graciously look upon us, so that we do not turn our steps into those realms where Eris
commands, Alecto rules, and Megaera fashions the laws. Help Your people, O gracious God, by
the power of Your beloved son, Charles, this illustrious emperor, that under his faithful
leadership this people may be brought through the green fields of Paradise, ever-blooming
forests, and blessed lands to those sacred springs, where the germs of life are enlivened with
divine water, and where the young seeds, quickened by the heavenly springs, can be purified by
the plucking out of the thorns. Then, the harvest will become God's own cause, and the
hundred-fold yield of future benefits will be heaped up in great barns.
List of Chapters
1. What sort of escort the electors should have, and who should provide it
2. On the election of a King of the Romans
3. On the order of precedence among the Archbishops of Trier, Cologne, and Mainz
4. On the electors in general
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5. On the rights of the Elector Palatine and also of the Duke of Saxony
6. On the electors in comparison with other, ordinary princes
7. On the succession of the electors
8. On the legal immunities of the King of Bohemia and of Bohemia's inhabitants
9. On gold mines, silver mines, and other mines
10. On the right to mint
11. On the legal immunity of the electors
12. On the meetings of the electors
13. On the revocation of privileges
14. On the withdrawal of fiefs from those deemed unworthy
15. On conspiracies
16. On the Pfahlbürger (external citizens)
17. On feuds
18. On the form of announcing an election
19. On the form that an elector must give his fully authorized representatives on the execution of
the election
20. On the unity of the electorates and the laws relating to it
21. On the precedence of the spiritual electors in processions
22. On the precedence of the electors as carries of insignia in processions
23. On the conferral of blessings by the spiritual electors in the presence of the Emperor
In the name of the holy and indivisible Trinity, Amen. From Charles IV, by grace of God Roman
Emperor, always increaser of the empire and king of Bohemia, to be remembered always. Every
realm that is divided internally will go to ruin, for its princes have become the comrades of
thieves. The Lord has poured out the spirit of deceit among them, so that they grope about at
midday as though in darkness, and He has withdrawn the light from their dwellings, so that they
are blind and leaders of the blind. And those who wander in the dark run into things, and those
who are blind of spirit bring about evil deeds, which occur in disunity. Tell us, Pride, how could
you have dominated Lucifer unless you had disunity as your handmaiden? Tell us, envious
Satan, how could you have driven Adam from Paradise if you had not first made him rebellious
against authority? Tell us, Luxury, how could you have destroyed Troy without first separating
Helen from her husband? Tell us, Anger, how could you have brought the Roman state to
naught, without first inciting Julius Caesar and Pompey to civil wars fought with bitter swords?
You, Jealousy, have soiled the Christian Empire, which was reinforced by God with the virtues
of faith hope and love, just like the indivisible Trinity, and whose foundations stand firmly on the
kingdom of Christ; you have soiled it with your ancient poison that you have spewed forth like an
evil snake on the Empire and its members. And to shatter the pillars and to bring the whole
structure to collapse, you have incited disunity among the seven electors, who should illuminate
the Empire like the light of the seven lamps of the mind.
But in the name of the office which we hold as Emperor we are obliged to act against disunity
and struggle among the electors (to whom we belong as King of Bohemia), for two reasons:
because of our Imperial office, and because of our rights as an elector. In order to increase the
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unity among them, and to bring about unanimity during elections and to avoid disgraceful
divisions and to close the door to the multiple dangers that arise from them, we have issued the
laws written down here at our festive Imperial Diet in Nuremberg, in the presence of all the
spiritual and worldly electors, and before a large crowd of other princes, counts, free lords,
lords, nobles and urban delegates. From our Imperial throne, decorated with the imperial
insignias and treasures, wearing the imperial crown, after ripe deliberation, we issued them on
the basis of our unrestricted imperial powers, in the year of our Lord 1356 in the 9th indiction, on
the 10th of January, in the tenth year of our royal power and the first of our Imperial power.
Chapter 1
What sort of escort the electors should have, and who should provide it
[Summary: All are required to give free passage and protection to the electors and their
representatives when an election is announced. Electors who disobey are to lose their vote in
the election involved; others are guilty of perjury and shall lose all their fiefs from all lords.
Commoners who disobey are to lose all rights, privileges and benefits, and are to be put under
Imperial ban. Cities are obliged to sell to electors and their representatives going to or attending
an election (food and other goods at usual prices). Electors who are engaged in feuds must
nevertheless obey these rules, as must other lords engaged in feuds or wars with electors. The
exact lords who should give free passage to each elector are then listed. The Archbishop of
Mainz is to announce the date of election in letters carried by his messengers, and shall name
the deadline by which such letters are to be delivered. Within three months of the deadline,
each elector must appear or send a representative to Frankfurt am Main. If the Archbishop fails
to call such a meeting within a month of the Emperor's death, then the electors should appear in
Frankfurt on their own. No elector shall appear in Frankfurt with more than 200 mounted men, of
whom no more than 50 may be armed. If an elector does not appear, or leaves before the
election, he shall lose his vote for that election. The city of Frankfurt is responsible to prevent
the electors and their armed men from attacking each other; they shall not let anyone else into
the city during the election.]
Chapter 2
On the election of a King of the Romans
[Summary: Upon arrival in Frankfurt, the electors are to hear a Mass, so that the Holy Spirit may
enlighten their hearts and minds, so that they elect an upright, honorable and diligent man as
King of the Romans and future Emperor; after which they are to swear on the Gospel of St.
John an oath to elect a suitable King of the Romans, without previous agreements, rewards,
payment or promises, "whatever way they may be named." Then they should proceed to the
election, by majority, and not leave the city until they have succeeded. If they do not succeed
with 30 days, they shall then subsist on bread and water until a majority of them has elected a
ruler and secular head of the faithful. Once a majority has elected a King, the result is to be
regarded as if they had done so unanimously. If an elector or his representative arrives late,
they are to be admitted to the election at whatever stage it is.]
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And because the following has always been observed as a recognized and honorable custom,
we also decree that whoever is elected to be King of the Romans shall, immediately after his
election and before undertaking any other business in his capacity and power as head of the
holy Empire, acknowledge with his seal the spiritual and secular electors (who are known to be
the closest members of the Holy Empire) in all their privileges, letters, rights, freedoms, and
benefits, their customs and also their honors, and everything they have received from the
Empire up to the very day of the election, without delay. And he should reconfirm everything
named above, when he is crowned with the Imperial insignia. [ . . . ]
And if three of the electors decided to elect a fourth elector from among them, his vote [or that of
his representative] shall continue to be counted towards the majority like the votes of all the
other electors.
Chapter 3
On the order of precedence among the Archbishops of Trier, Cologne, and Mainz
[Summary: Regulates the relations between the spiritual electors in order to "avoid all occasions
for conflict and suspicion," specifically which elector shall sit where relative to the Emperor when
they are together.]
Chapter 4
On the electors in general
We also decree, that from now on whenever a Diet is held, at each meeting, whether in council
or at meals, where the Emperor takes place, that to the right of the Emperor, after the
Archbishop of either Mainz or Cologne, [ . . . ] shall sit the King of Bohemia, because he is a
crowned and anointed king. And next shall sit the Elector Palatine. On the left, after the other of
the two Archbishops shall sit the Duke of Saxony, and after him the Margrave of Brandenburg.
[Summary: The Archbishop of Mainz shall have the power to call the electors together whenever
there is no Emperor, and he shall ask them for their votes in the following sequence: Trier,
Cologne, Bohemia, Palatinate, Saxony, Brandenburg. When this has been done, his fellow
electors shall ask the Archbishop what his opinion and vote is. Further ceremonial offices of the
electors at a Diet are described.]
Chapter 5
On the rights of the Elector Palatine and also of the Duke of Saxony
[Summary: The Elector Palatine shall be vicar in the Rhineland and Swabia when there is no
Emperor. In regions of Saxon law, this function shall be carried out by the Duke of Saxony.
Complaints against the Emperor shall be heard before the Elector Palatine, but only at a Diet.]
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Chapter 6
On the electors in comparison with other, ordinary princes
[Summary: No other lord shall ever take precedence before the electors at a Diet; and in
particular, the King of Bohemia shall have precedence before any other king who attends.]
Chapter 7
On the succession of the electors
[Summary: The dangers of disunity and the true, important role of the electors are again
described. To avoid conflict among the sons of electors over their vote, which might lead to
delays dangerous to the common good, it is decreed that after the death of an elector, his vote,
privileges and powers shall go to his first-born legitimate son of the secular estate, or if he is
dead to his first-born legitimate son. And if the first son dies without an heir, the descent goes to
his next-oldest brother, etc. If the heir is underage, that is under 18, his eldest uncle in the male
line should be his guardian and exercise his vote. If an electorate is left without heir, the
Emperor may enfeoff it without damage to its privileges (except for the Kingdom of Bohemia,
whose inhabitants have the privilege of electing a king if the throne becomes vacant without
heirs).]
Chapter 8
On the legal immunities of the King of Bohemia and of Bohemia's inhabitants
[Summary: Establishes the judicial immunity of the Kingdom of Bohemia and its inhabitants from
all other courts.]
Chapter 9
On gold mines, silver mines, and other mines
[Summary: The King of Bohemia, and also the other electors shall have rights to all mineral
finds in their lands, and shall also have the power to admit Jews and to raise all tolls that have
been collected in earlier days.]
Chapter 10
On the right to mint
[Summary: The King of Bohemia shall have the power of the mint; and the power to buy or
receive all kinds of lands and lordships, but without changing their feudal status. If he joins them
to his kingdom, he must ensure that the traditional dues to the Empire are paid. This privilege is
also extended to all the other electors.]
Chapter 11
On the legal immunity of the electors
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[Summary: Establishes the judicial immunity of the three spiritual electorates].
Chapter 12
On the meetings of the electors
Amidst the many concerns for common affairs that occupy our mind, our Majesty has
determined after fundamental consideration that it is necessary that the electors assemble more
often to deliberate about the good of the Empire and of the world. For as the foundations and
the irreplaceable pillars of our realm, though they are separated by large stretches of territory,
they can in this way report about affairs and deliberate, and propose intelligent and useful
measures that can provide effective remedies. Therefore at the Diet in Nuremberg, in the
presence of the honorable spiritual and eminent secular electors and many other princes and
lords, after fitting consultation with the same electors and with their agreement, we have
ordained that the electors should assemble in person annually four weeks after Easter, the
resurrection of our Lord, in one of the cities of our realm, and that in the coming year such a
meeting shall be held in our city of Metz. And in successive years, each meeting shall determine
where to meet in the next year. But this ordinance shall only continue as long as it pleases us
and them; as long as it does, we take the electors under Imperial protection as they travel to
and from such meetings. And in order that the negotiations about the common good and about
peace are not delayed by postponements because of amusements, or because of excessive
visits at feasts (as has happened in the past), we have unanimously agreed that during such
meetings it will not be allowed for anyone to invite all the electors to any affair. Invitations to
single electors that do not delay affairs shall, however, be allowed.
Chapter 13
On the revocation of privileges
[Summary: No privilege issued by previous or future Emperors shall harm or hinder the rights,
freedoms and privileges of the electors, and we withdraw and declare invalid all such privileges.]
Chapter 14
On the withdrawal of fiefs from those deemed unworthy
In many regions the vassals of lords have the habit of renouncing the fiefs they have from their
lords at unfitting times, [but only with words and with treacherous intent], and after their
renunciation is complete, they in bad faith announce a feud against their lords, express their
enmity, and cause their lords great damage; and they attack and seize the fiefs that they have
renounced, and claim and occupy them anew under the pretense of the law of war and
conquest, and retain them as their property. Therefore we ordain the following, immutable law,
that such renunciations and abandonments shall be considered not to have happened, except
when they happen in fact and without force, and the lands are given back to the lord in real and
actual possession – in such a way, moreover, than those who declare feud shall not bother or
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attack the lord, nor encourage or help others to do so. Anyone who violates this law, and attacks
his lord’s lands whether renounced or not, or who encourages others to do so, shall lose all
claim to the lands, shall be dishonorable and shall fall under the Imperial ban; and for all time
they shall lose any right to return to such land and fiefs, nor shall they ever be enfeoffed with
them again, nor shall any such enfeoffment be valid. Finally we decree that anyone who acts
fraudulently against his lord without renouncing his fiefs shall fall under the same penalties.
Chapter 15
On conspiracies
Detestable and illegal conspiracies, conventicles and associations in cities or outside them, or
between city and city, between person and person, or between persons and cities, whether
under the pretext of kinship, or of acceptance into the citizenry, under whatever color; and also
conjurations [i.e., oaths sworn together], confederacies and pacts, and also the recent custom
(or much more abuse) by which cities or persons of whatever rank make agreements without
regard to whose subjects they are and in whose lands they dwell, and without the permission of
their lords or without making exceptions for their lords in all these things, whether already
undertaken or planned for the future, we condemn and deplore, and we declare with absolute
certainty that such things are invalid, since they are clearly forbidden by the holy laws
established by our predecessors. Only those confederations and leagues are excepted, which
are made among princes, towns and other estates for the purpose of maintaining the public
peace among themselves in their regions. For these we make a special arrangement, and
declare that they should remain in force until we are pleased to proclaim otherwise. Any single
person who violates the terms of this decree, and of the old laws, by entering into any such
alliances, leagues, conspiracies and pacts, shall suffer in addition to the punishments set forth
in the old laws a fine of 10 £ in gold, and shall be declared dishonorable. Any city or community,
however, that should similarly violate this law, shall pay a fine of 100 £ in gold and lose and
have withdrawn all privileges given by the Empire. Half of this fine shall go to the city's lord who
has been damaged, the other half to the imperial treasury.
Chapter 16
On the Pfahlbürger (external citizens)
Many complaints have been brought before us, that some citizens and subjects of princes, free
lords and other people have sought to shake off the yoke of original subjection, or in truth to
despise it contemptuously, by allowing themselves to be accepted as citizens of some other
town. Even though they then live in person in the lands, towns, hamlets and villages of their
former lords, whom they have sought to escape, they claim the privileges of those towns to
which they have attached themselves, and seek to be protected by them. Such people are
generally called “Pfahlbürger” in the German lands. Now since no one should benefit from
treachery and slyness, we ordain by our Imperial power, with the considered support of all the
spiritual and secular electors, and confirm by the following immutable law, that the
aforementioned citizens and subjects, who evade their lords in this fashion, shall henceforth no
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longer enjoy the rights and privileges of citizenship of those cities in which they have by fraud
allowed themselves to become citizens, unless they actually and physically move to these cities,
settle there permanently, and take on the burdens and obligations of citizenship. And if any
Pfahlbürger should be accepted against this statute, their citizenship shall have no validity, and
the new citizens, whatever their rank or estate, shall by no means and under no circumstances
enjoy the rights and privileges of the city that accepts them, (no matter what other rights or
privileges, no matter how old, say the contrary, and we hereby recall and cancel any such rights
and privileges from the plenitude of our Imperial power). And in any case the princes, lords and
other people, shall retain undiminished their rights over such people who have abandoned
them, or who might abandon them in this way in the future. Furthermore, we declare that
anyone who seeks or has sought to take in such Pfahlbürger against our older laws, if they do
not release such citizens within one month of this law, shall pay a fine of 100 £ in gold for each
such violation in the future, of which half is to go to the Imperial treasure, the other half to the
damaged lord, without any remission.
Chapter 17
On feuds
We declare than anyone who henceforth uses the pretense of having just cause for a feud
against someone in order to attack that person in places where he does not have a residence or
normally resides, or who declares an untimely feud [i.e., without sufficient advance notice], shall
be considered dishonorable for any damages caused on account of arson, robbery or
plundering. Now since no one should benefit from treachery and slyness, we ordain by our
Imperial power, and confirm by the following immutable law, that declarations of feud of this kind
against some lord or person with whom one had a connection or with whom one was trustfully
engaged or with whom one had honorable friendship, shall not be valid. It shall be forbidden to
attack anyone with arson, robbery or plundering under the pretense of feud, unless the feud is
declared publicly three natural days in advance to the victim in person at that place where he
usually resides; and unless the declaration is heard by trustworthy witnesses. Anyone who
should conduct a feud against another in any other way shall incur the penalty of dishonor, as if
he had not declared feud at all; and he should be punished as a traitor by any judge with the
ordained penalties.
We also forbid and condemn all and every unjust war and campaign; every unjust arson,
robbery and plundering; inappropriate or uncustomary tolls and passage rights and safeconduct
fees which may be extorted, on the pain of the penalties prescribed by the holy laws.
[ . . . ]
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Source of original Latin text and modern German translation: Lorenz Weinrich, ed., Quellen zur
Verfassungsgeschichte des Römisch-Deutschen Reiches im Spätmittelalter (1250-1500).
Darmstadt: WBG, 1983, pp. 315-21, 337, 341, 357-59, 361-67.
English translation and summary: Thomas A. Brady Jr. and Randolph C. Head