Theses de pignorationibus

THESIS I.

It has been provided by Imperial Constitution that pignoration The act of seizing property or persons as a pledge to enforce a legal claim or jurisdiction. shall not occur between Estates and Nobles immediately subject to the Empire, so that the public peace may be preserved intact.

II.

Pignoration is said to occur, or is being made, when an Estate or Noble of the Empire seizes or takes as a pledge the subjects or movable goods of another Estate or Noble, due to a disturbed jurisdiction or the possession of a right which is claimed in that place where the pignoration takes place.

III.

The Constitution on pignorations applies as much to captured persons as to goods seized as a pledge.

IV.

It does not matter whether the seized goods have been driven away, or if they have been enclosed in the place where they were captured.

V.

For in both cases, an action can be initiated based on this Constitution.

VI.

If a person has been captured, they must be released immediately without their own expense or loss, by the force of this Constitution.

VII.

However, regarding goods that have been pledged, if they are ruined by delay or no longer exist, one may act regarding their valuation and the damages to be paid.

VIII.

In which case, however, the cause is not remitted to the Chamber The Imperial Chamber Court (Reichskammergericht)., but to the ordinary judge.

IX.

To a vassal immediately subject to the Empire, in a feudal matter,