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Front Page arrow Titles (by Subject) arrow 157.: The Law Licet Juris of the Diet of Frankfort, August 8, 1338. - A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age

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Collection: Primary Sources
Subject Area: History

157.: The Law “Licet Juris” of the Diet of Frankfort, August 8, 1338. - Oliver J. Thatcher, A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age [1905]

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A Source Book for Mediaeval History. Selected Documents Illustrating the History of Europe in the Middle Age, ed. Oliver J. Thatcher and Edgar Holmes McNeal (New York: Charles Scribner’s Sons, 1905).

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157.

The Law “Licet Juris” of the Diet of Frankfort, August 8, 1338.

John XXII had declared, in his struggle with Ludwig the Bavarian, that he had the right to confer the imperial crown, and to administer the empire during a vacancy. His broad claims offended the German people and led to a spirited but brief exhibition of national sentiment. The electors met at Rense, 1338, and emphatically declared that the imperial crown was not in any way dependent on the will of the pope, but that he whom they elected king of Germany was thereby made emperor without any action on the part of the pope. A few days later a diet was held at Frankfort, and the decision of the electors at Rense was enacted as a law. But it must be said that the electors themselves nullified it by appealing to the pope for aid when they deposed Ludwig and elected Charles IV (1346-7).

Both the canon and the civil law declare plainly that the dignity and authority of the emperor came of old directly from the Son of God, that God has appointed the emperors and kings of the world to give laws to the human race, and that the emperor obtains his office solely through his election by those who have the right to vote in imperial elections [the electors], without the confirmation and approval of anyone else. For in secular affairs he has no superior on earth, but rather is the ruler of all nations and peoples. Moreover, our Lord Jesus Christ has said: “Render unto Cæsar the things which are Cæsar’s, and unto God the things which are God’s.” Nevertheless, certain persons, blinded by avarice and ambition, and totally ignorant of the Scriptures, have distorted the meaning of certain passages by false and wicked interpretations, and on this basis have attacked the imperial authority and the rights of the emperors, electors, and other princes and subjects of the empire. For they wrongfully assert that the emperor derives his position and authority from the pope, and that the emperor elect is not the real emperor until his election is confirmed and approved, and he is crowned by the pope. These false and dangerous assertions are clearly the work of the ancient enemy of mankind, attempting to stir up strife and discord, and to bring about confusion and dissensions among men.

In order to prevent this we now declare by the advice and with the consent of the electors and other princes of the empire, that the emperor holds his authority and position from God alone, and that it is the ancient law and custom of the empire that he who is elected emperor or king by the electors of the empire, thereby becomes true king and emperor of the Romans, and should be obeyed by all the subjects of the empire, and has full power to administer the laws of the empire and to perform all the functions of the emperor, without the approval, confirmation, authorization, or consent of the pope or any other person.

Therefore, we decree by this perpetual edict that the emperor elected by the electors or a majority of them is to be regarded and considered by all to be the true and lawful emperor, by reason of the election alone; that he is to be obeyed by all subjects of the empire; and that he has, and all must hold and assert that he has, the complete imperial power of administration and jurisdiction. If anyone contradicts these decrees and decisions or any one of them, or agrees with those who contradict them, or yields obedience to the commands, letters, or instructions of opponents of these decrees, we hereby deprive him and declare him to be deprived, by virtue of his act and of this law, of all fiefs which he holds of the empire, and of all favors, jurisdiction, privileges, and immunities which have been granted to him by us or by our predecessors. Moreover, we declare that he is guilty of offence against the majesty of the emperor, and subject to the penalties incurred by this offence.