5. Concerning the right of the count palatine and also of the duke of Saxony.
Whenever, moreover, as has been said before, the throne of the holy empire shall happen to be vacant, the illustrious count palatine of the Rhine, arch-steward of the holy empire, the right hand of the future king of the Romans in the districts of the Rhine and of Swabia and in the limits of Franconia, ought, by reason of his principality or by privilege of the county palatine, to be the administrator of the empire itself, with the power of passing judgments, of presenting to ecclesiastical benefices, of collecting returns and revenues and investing with fiefs, of receiving oaths of fealty for and in the name of the holy empire. All of these acts, however, shall, in due time, be renewed by the king of the Romans who is afterwards elected, and the oaths shall be sworn to him anew. The fiefs of princes are alone excepted, and those which are commonly called banner-fiefs: the conferring of which, and the investing, we reserve especially for the emperor or king of the Romans alone. The count palatine must know, nevertheless, that every kind of alienation or obligation of imperial possessions, in the time of such administration, is expressly forbidden to him. And we will that the illustrious king of Saxony, arch-marshal of the holy empire, shall enjoy the same right of administration in those places where the Saxon jurisdiction prevails, under all the modes and conditions that have been expressed above.
And although the emperor or king of the Romans, in matters concerning which he is called to account, has to answer before the count palatine of the Rhine and prince elector—as is is said to have been introduced by custom:— nevertheless the count palatine shall not be able to exercise that right of judging otherwise than in the imperial court, where the emperor or king of the Romans shall be present.
