Observations on the Dead Emperor Collected from Annals and Laws

new Emperor, Aurea Bulla, Ch. V §. 1; Capitulations of Charles VI art. XI §. when also an Elector etc. Because this happened when Ferdinand III laid down his life, the Elector of Bavaria and the Palatine summoned the vassals of the empire to acknowledge their fiefs. Londorp, Vol. VIII, Public Acts, Book 8, ch. 178 and 187; Fabri, State Chancellery, Vol. XVII, p. 600. In the edicts of the associated Vicars posted today, though not in the Saxon ones, vassals are distinctly warned under penalty of forfeiture to seek investiture at the proper time. Whether, however, this can also be extended to the fiefs of princes and those which are called fahnlehn banner-fiefs under the previously stated condition is an uncertain question. See Gundling, On Banner-Fiefs §. 34; Wernher, On the Law of the Imperial Vicars expressed in the Golden Bull §. 40 sq.; Gribner, On the Law of Vicars, which are incorrectly called into doubt by some §. 19 in his works, Vol. II, p. 27; there follow two observations on banner-fiefs p. 68 sq. We, relying on the authority of the Aurea Bulla (l.c.), which the citations of the interregnum Electors and their order of judgment, instituted today at Augsburg, also follow, deny this, along with Schweder in Public Law, Part special, Sect. I, ch. 33 §. 7; Struvius in Corpus of Public Law, ch. 16 §. 38; and Itter in On Imperial Fiefs, ch. IX §. 10. We judge that not even an indulgence needs to be sought from the vicars; nor do we allow ourselves to be persuaded without suitable reasons that not all banner-fiefs belonged to princes, but that some were also smaller ones. Gundling, ch. I, §. 22; Tollner in Diplomatic Code of the Palatinate n. 190, where Emperor Rupert appointed his son as vicar. Formerly, it is claimed—though perhaps incorrectly—that account was taken of the day on which the Emperor left human affairs for the sake of electing a successor. Indeed, the procurators of Emperor Richard affirmed before the Pope that it was the custom that the Emperor be elected within a year and a day after the empire becomes vacant; this the procurators of Alfonso denied. See the letters of Pope Urban IV in Dumont, Diplomatic Corps, Vol. I, p. 216 sq.