The Golden Bull of 1356. A legislative masterstroke by Emperor Charles IV

The Golden Bull of Emperor Charles IV (reigned 1346/1355-1378) of 1356 is one of the most prominent laws of the late medieval and early modern Holy Roman Empire. It is one of the fundamental laws (leges fundamentales) and, from the point of view of constitutional history, presenting a clear programme for the organisation of imperial rule involving the privileged electoral group. The Code pursues the creation of a firmly structured order, which can be based in part on custom. Ranking (casting of votes; seating order; different privileges) and equality of rank (ceremonial) among the electors are laid down as essential elements of an order of unity and peace in the empire. The consensus with the electors
sought by the Emperor and apparently largely implemented offered the chance to also implement the agreed and imperially proclaimed rules in reality. In this respect, those important rulers besides the emperor who had to enforce the law in general in their territories were involved in the content and formal design of the Code as a prerequisite and unifying feature. At the heart of the Golden Bull were the rules for the election of kings, which basically stood the test of time until the end of the Old Empire. Clarity and the endeavour to reach agreement on the applicable rules were the goals of the Golden Bull. This meant that there was no longer any room for the election of opposing kings and double elections. In many cases, the legislator was able to refer to tradition and custom, which contributed to an evident legitimisation of the respective norms. Compliance with and enforcement of the legal norms enacted by the legislature were important to the legislature. A system of sanctions – from loss of rights to fines to the death penalty and the diminution of rights/honour of the descendants of executed conspirators/mayhem criminals – reinforced the relevant norms. In this respect, the legislator left no doubt about his determination. The electors, whom he had included in the legislation by consensus, were held in high esteem by him as emperor (of necessity due to the power-political relations in the empire) with regard to the welfare of the Holy Roman Empire.

Keywords: Emperor Charles IV, Holy Roman Empire, fundamental laws, constitutional history, election of kings, legislation, electors, ceremonial rank, privileged electoral group, Empire and territories