Observations upon the laws and customs of nations, as to precedency by Sir George Mackenzie ...

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Title
Observations upon the laws and customs of nations, as to precedency by Sir George Mackenzie ...
Author
Mackenzie, George, Sir, 1636-1691.
Publication
Edinburgh :: Printed by the heir of Andrew Anderson ...,
1680.
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Subject terms
Precedence -- Early works to 1800.
Cite this Item
"Observations upon the laws and customs of nations, as to precedency by Sir George Mackenzie ..." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A50712.0001.001. University of Michigan Library Digital Collections. Accessed May 6, 2024.

Pages

Page 28

CHAP VI. Of the Precedency of the Electors and the Princes of the Empire.

AMongst the Princes of the Empire, the Electors are still prefer∣red: Which Electoral Colledge (though said to be Founded by the Emperour Otho the third, and Pope Gregory the fifth, anno 997) yet it is more probable, that the said Constitution arose from the great Difficulties under which the Empyre was Sunk, after the Death of Frederick the second.

Amongst the Electors, the Ecclesiasticks are preferred to the Laicks.

The Ecclesiastick Electors, are, the Arch-bishops of Mentz, Cullen, and Treves, whose Precedency amongst themselves was first Determined by Charles the fourth: So as that the Bishop of Treves was to sit just over against the Emperour; The Bishop of Mentz, was to take place in all his own Dyocie, and in all Germany▪ Whereas the Arch-bishop of Cullen, was to take place in all his own Dyocie, and in Italy, and France. And of old in the Election of the Emperour, the Bishop of Mentz was pre∣ferred as Arch-chancellor of Germany: The Arch-bishop of Treves as Arch-Chancellour of France: And the Arch-bishop of Cullen as Arch-chancel∣lour of Italy; Which Order was confirmed by Frederick the 1. anno 1158.

The Secular Electors are Ranked thus, by the Golden-bull of Charles the fourth.

The Duke of Saxony carries the Sword, immediately in all Processions before the Emperour: The Count-Palatin the Imperial Aple, walking on the Emperours Right hand: The Marquess of Brandenburg the Scepter, on the Left hand; And the King of Bohemia was to follow him immediately. But when they sit at any Solemnity, by the same Bull, The King of Bohemia (being a Crowned-head) was to sit first, upon the Emperours Right hand, after the King of the Romans, and the Arch-bi∣shops of Mentz, and Cullen: And upon the Left, after the Ecclesiastick Electors, the Duke of Saxony had the first place, and the Marquess of Bran∣denburg the second. But yet I find Beutherus, and other German Lawyers, contend from old Manuscripts, That at first Brandenburg had the Prece∣dency from the Electors, Palatin, and Saxony.

The Duke of Bavaria did of old Contend with the Duke of Saxony, in anno 1521. and their Debates continued by protestations for many years; And with the Elector Palatin, till the Emperour Lewis the fourth Or∣dained the Palatin and Bavaria to preceed one another alternately: Though since the late Waries of Germany, the Elector Palatin having Usurped the Crown of Bohemia, the Duke of Bavaria was made the first Elector in his place, the Elector Palatin being now the last of the Electors.

It is also observable, That if any of the Electors themselves be present, they

Page 29

are preferred to the Ambassadours, and Representatives of all the absent Electors; as was Decided in anno. 1654. Excepting onely the Ambassa∣dours of Austria, and the Ambassadours of Forreign Kings, were still al∣lowed to take place from all the Electors, except the King of Bohemia, in all the Solemnities of the Empire. But the Ambassadours of Common-wealths having claimed the same precedency, The Emperour Leopold has Decerned against them, in favours of the Electors, Crus. lib. 4. cap. 4.

The eldest Sons of the Electors preceed all the other Princes of the Empire.

The Arch-dukes of Austria have the first Seat next to the Electors.

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