according to trueth and equity without hatred or affection doth rightly conceive understand and judge of the proscription promulgated against King Fredericke the Electour of intrenching upon the taking away the alienation of the Electorall Palatine Dominions and the Dignity and Offices thereunto annexed and an entire totall removall of these unto the Bavarian Family of the Ordainances made by the Emperor the Bavarian and the rest of their Confederates of their pronounced Opinions Decrees Rescripts Conditions made knowne agreed on Covenants drawne and the like It is decreed in the Law That every circumstance ought to be narrowly looked into before the proceeding to sentence So also in things of so great consequence no sentence ought to be pronounced untill all things be exactly weighed aswell for circumstances and reasons quality of the times conditions and intentions of men and finally with a full understanding of words sentences and causes things being examined by construction and intreaty If we should deduce these things particularly and one by one as they ought to bee weighed and diligently examined it would require large volumes we having reserved the greater part of those things untill another time and for another labour and worke which by Gods assistance wee shall shortly publish for the present we thought it worth the labour to bring into the light and expose to view the intent and meaning of those answeres rescripts and decrees only which the Emperour Ferdinand the II. the last yere in which the most Royall King Charles of great Britaine sent a solemne Embassage unto him for gaining the restitution of the Palatinate and of His Nephewes descended from his onely Sister the Queene Elizabeth had determined delivered as also a briefe manifestation of injustice and the nullities with which those alledged decrees of the Emperour concerning the transferring and firme alienation of the Electorall dignitie and revenues thereunto belonging granted to the Bavarians doe as it were groane and are stuffed both because Wee were commanded and required thereunto by them who had authority to doe it as also that they may give some light or at least open a gap and prepare the way for those my treatises which shall ensue And to conclude that out of these some conjecture and ghesse maybe had what is to be thought of the other things performed in this matter in question by the adverse part either violently or fraudulently practised Perhaps some may say that I ought to have beene more large and accurate concerning those dispositions and in setting down the nullities of them But I would have them know that I would willingly have done that and thorowly have handled the particulars if it might have beene lawfull to have taken a view of those dispositions as they were first penned the which as it appeareth never yet came to publike light but alwayes were kept privately and in secret as at the first they were composed And concerning the nullities of the urged pacification at Prague whereby it is pretended that those dispositions are ratified and confirmed wee thought it a matter of incogitancie and indiscretion to make a long and tedious discourse not because wee deemed it not so much appertaining to Our purpose as that because wee have found the same argument purposely handled by others with exactnesse of diligence and no small commendation Should I also have undertaken to have made a strict search and full discovery of the same matter with my obscure pen what other thing should I have attempted Than Stellis nebulam spargere candidis to over cast the Heavens most bright With exhalat'ons that obscure the light For Conclusion Curteous Reader I would intreat thee to afford a favourable interpretation to these my extemporarie labours for so you may give encouragement to my endeavours that I may with cheerefulnesse accomplish which I yet forbeare the Manifestation of things affected and almost effected by the adversaries and expose them also speedily to thy judgement and understanding Farewell heartily From the Vbit the Nones of March 1637. THE SIFTING OF THE IMPERIALL Answers given in the PALATINE Cause With an annexed short Remonstrance of the Nullities of the dispositions in the translation of the Electorall Dignitie THe yeere last past when the most Soveraign King of Great Britaine sent his Ambassador Thomas Howard Earle of Arundell and Surrie Earle Marshall of England to the Emperour Ferdinand the second to treat in the cause of the Prince Palatine and require Restitution for his Nephew Prince Elector Charles Lodowicke and his Brethren divers people scattered divers words spent their judgements and opinions thereupon the actions of Princes as it is customary being diversly construed by the vulgar Some averred that the experience of so many yeeres so many Ambassagies so much interceeding already in the Cause of the Palatinate was a sufficient testimony of a default in that advise by slacknesse and haesitation that nothing could bee expected by Treaty nothing obtained by conference and reasonable Conditions nothing could bee extorted by the transactions of the moderate and just King That the Austrians Bavarian and their Confederates having already destinated the Line of the Prince Palatine for death would never grant that it should rise againe and the exiled Palatine Princes more carefull of the ancient liberty and greater enemies to innovation then the rest now growne stronger by a new alliance and friendship of forraigne Kings being restored to their former estate should returne into their Country and be a terrour to those families and like thornes in their eyes That the Austrians being growne more insolent by the timorousnesse of the adverse Partie had already setled to their owne affaires That the Palatine businesse did more and more decline that the Prince his friends Companions and Assistants suspended with feare and doubt and often deluded with hope of taking Armes in the Cause of the Palatinate were compelled by necessity to leave his Partie and enter into new Confoederacies That the Swedes and the French onely were yet remaining whose love and alliance was to be accepted with whom He should joyne in Armes and Counsell till with a potent and victorious Army they might weary the Austrians That the occasion was not to be neglected that this Lethargie was to be shaken off that to attempt the negotiation againe by Treaties which so often had prooved fruitlesse and to forbeare Armes in which the onely hope of attaining the end consisted was a token of indiscretion or sluggishnesse Have not the Kings of England by the space of these 18. yeeres bin deluded by the Austrians will they still suffer themselves to be gulled with words Dare they not awake from sleepe and remember their former injuries These and words to the same effect were spoken commonly by the military men which breathed out warre and burned with a desire thereunto Others which would be accounted more moderate and of a more peaceable condition commended the Kings Wisedome Piety and equanimity granting notwithstanding that nothing hath
can it bee spoken without some note of ignominie that He hath of his owne accord offered an offensive and defensive Leagve to your Imperiall Majesty and the whole house of Austria against the enemies of that family which truely would tend both to the offence of the rest of His Majesties Confederates who might thence take just occasion of suspition and complaint and might also oblige His Majesty to what He cannot doe with His honour and conscience without great cause given by His Allies to relinquish their necessitude and so involve himselfe in a perpetuall necessity of warre But if Iohn Taylor the Agent for the King my Soveraigne hath promised any such thing or ministred any hopes of it as it is expresly set downe in the words of that Commission I must needs speake it he hath done it without authority and is bound to give an account for that action But if he be free from that imputation as he protesteth he is affirming that he never spake such words appealing withall to his remembrances delivered to the Imperiall Court what can I else inferre or say But that there is a strange affront done both to the King and me His Ambassadour when to my face by a publike escript such dishonourable and strange things are thrust upon us The case then being thus I humbly beseech your Imperiall Majesty that your wisedome would weigh and so order this matter that no such thing as may be ignominous and dishonourable to the King or my selfe may bee done written or spoke but that all delaies and circumstances set apart wee may come sincerely to the matter and as soone as may bee I may receive that answer which may be welcome acceptable and satisfactory to his Royall Majesty and may also bee a token that the businesse is handled seriously and with hope of good successe Caesar replyed hereunto by a large writing and full of words both explaining his owne minde and opinion and repeating out of the remembrances what ever at any time had beene done sayd written and treated to and fro concerning the matter and forme of the propounded league And in the end concluded thus All these things then being thus as they are proved out of the Originall writings which are alledged and may be seene and seeing that by them it may easily appeare to any one that neither his Sacred Imperiall Majesty nor the most Illustrious King of great Britaine had any intention to conclude an offensive and defensive League of one side onely and onely against the enemies of one of them but against the common adversaries of both Parties seeing also that if the conclusion had beene made onely against the enemies of one Party it had beene repugnant to the nature of such Confederacies and since otherwise the limitation and moderation of such agreements ought to depend upon the treaties used in their confirmation whereby is discovered what is agreeing to reason and honourable and beseeming both Parties And to conclude when it cannot bee thought that the equity and good affection of his Sacred and Imperiall Majesty towards the Illustrious King of Great Britaine would desire any thing of him that should be contrary to his reputation and dignity His Imperiall Majesty doth confidently beleeve that there is no man who will blame Him that Hee would thus question this matter and with all gentlenesse explaine it not denying neverthelesse but that there may be such moderation used concerning the often mētioned clause as by a common consent may bee thought fit to take away all occasions of offence But for the principall matter he wrote againe to this effect That he remembred he had declared himselfe to the Agent of the said most Illustrious King of Great Britaine in what sense he desired that to sundry his former decrees and namely that of the xxiv of February last past there might bee added a new Condition to wit in respect of the causes and reasons there alledged that if the Count Palatine Charles Lodowick should perform the conditions contained in the said decree then hee would mercifully discharge Him of the Imperiall Ban derived unto Him by his fathers trespasse that he might bee received into the state degree of the Princes of the Sacred Empire and hee would also restore him into no despicable part of his ancient dominions and according to the agreement setle him in the same Lastly when there should bee a treaty thereon hee would observe such moderation both concerning the Electorall Dignity and other things then required and propounded that in those things which might be granted upon tearmes of justice both the most Illustrious King of Great Brittaine might see the good affection of his Sacred Imperiall Majesty towards him and also the often named Count Palatine might easily apprehend the readinesse of his favour towards him That his Sacred Imperiall Majesty doth yet the more firmely continue the same gracious intention and stand to the said declaration the rather because by the said Lord Ambassadour and former Letters and Commissions hee hath beene certified of the good affection of the most Illustrious mentioned King who had no other than a faire and sincere intention in all former treaties and propositions towards himselfe and his Princely family to which will and intention his Sacred Imperiall Majesty affirmeth he will be answerable and so remaine constantly judging it fit that the matter of which he had beene pleased once to have made a Treaty should now also remaine established And yet moreover seeing his often named Sacred Imperiall Majesty not bound by any Law but moved thereunto by his meere Grace and Imperiall mercy and especially by his affection and love to the most Illustrious King of Great Britaine and the desired sight of their hereafter mutuall Confederacy hath already thus farre declared and doth yet declare Himselfe And also the forenamed Lord Ambassadour having opened himselfe to this purpose that it is not the intention of his most Soveraigne King that the foresaid totall restitution should be made instantly hence his Sacred Majesty thought it fit and beleeved it would ensue that the said Lord Ambassadour would not be unwilling to explaine himselfe any further than concerning the manner of the desired totall restitution and especially touching the Electorall dignity as also about those things of which some hope was given to his said Sacred Imperiall Majesty to wit how farre the said King of great Brittaine would ingage Himselfe with his Imperiall Majesty and his whole Princely House of Austria and what hee would and might doe for their benefit To this the Ambassadour answered That it appeared plainely out of his owne Imperiall answere that neither any of the Kings servants nor the King himselfe in any of his writings had made mention of such a league no not so much as by word or familiar discourse unlesse some such thing might bee inferred to have beene spoken out of the bare Relation of the Count of Schonburg the Imperiall Ambassador in Spaine
division distraction and dismembring is forbidden and it is also confirmed by a royall decree that the Electorall dignity shall bee so conjoyned and connexed to the Territory of the Palatinate that the one by no meanes may bee ever severed from the other If therfore now he should accept of any part by way of partition and division he must consent and also acknowledge that the Electorall dignity may by some meanes be separated either from the whole or part of the Palatinate which yet hee cannot doe without prejudice of his title and entire restitution unlesse perhaps some integrall part that is the whole lower Palatinate to which the dignity is annexed should bee restored nor that neither but with this condition that his title and hope of obtaining the rest may still abide intire and uncontroverted For then the partition and division cannot be said to continue perpetuall but rather a suspension of the intire restitution and Confederation But the meaning and scope of the Emperor and Bavarian and their Subjects is far from such a moderation and advice as is most apparent not only by the last answere but by other declarations and often experience Thirdly the Emperour offers That he according as it shall be agreed will invest him But now it is to be understood that this investiture is restrained only to that part which is promised to be restored as Radoldus the Internuncio for the Emperour into England hath plainely declared but not to be extended to the whole Palatinate and the Office of Arch-Sewer thereunto annexed But the Prince Electour cannot without his great prejudice accept of such an Investiture as is limited and restrained to one part because by that act he should be excluded and passed over in the generall principall and simultaneous investiture which of right belongs to all the males of that Stocke in respect of the whole Palatinate the coherent Dignity and the dependances c. nonne praesumt Hee that is not comprehended expresly in this common Investiture can pretend no Title of Succession and obtaining the Palatinate and Electorall Office There is none of the Counts Palatine but may ground his Title and hope for succession in the Palatinate and the Electorall Dignity upon this Investiture For this Investiture doth give a title cause action hope and pretence of succeeding in the Fees c. 1. Quibus modis feud const poss c. 1. in princ de success fratrum c. 1. in fine de fâ—udo cognat c. Si facta Si de feud defuncti controv sit inter D. agnatos Vasalli An Investiture is a kind of setling in possession Mysing cons 64. n. 10. and hath the force of a Contract or rather is a Contract of it selfe Menoch cons 101. n. 28. Consil 103 n. 53. and thereby the sonnes and kindred have a firme title and assurance which without their owne act cannot afterwards be made void as Wesenbecius affirmeth Cons 41. n. 103. in fine Besides it confirmeth the title in ancient Fees though the incumbent hold it by an unjust possession Vlcius Zazius cons 1 l. 1. n. 24. Tiraquell in tract Le mort saisit le vit declarat 7. post 5. n. 15. 16. Wesenb cons 1. vol. 1. n 49. ita citat Nicolaus Burgundus in lib. de Electoratu Bavarico Therefore it behoovs the Prince Elector to deale warily and circumspectly in this businesse by endeavouring to obtaine the Investiture that is the renovation of the ancient and common investiture used in the Palatine family for himselfe as the head of the family and his brethren and kinsmen no way permitting that the Investiture may be omitted or himselfe or the rest which are to be invested be passed over Fourthly the Emperour offers that when it shall come to a Treaty concerning the Electorall Dignity and the other postulates he will observe such moderation that in those things which may bee granted upon reasonable Conditions both the most Illustrious King may know some signes of the good affection of his Imperiall Maiesty towards Him and the Count Palatine may finde the inclination of his favour towards him But it is to bee observed That this Caesarean supposition is already cancelled and abrogated by his owne two last answeres For in them it is said plainely That the Emperours disposalls of the Dignities and dominions of the Electour Palatine are confirmed by the late Treaty of Prague and consequently allowed of by all the Princes of the Empire And yet by those disposals which in the records of that Treaty they have provided alwayes to be of force all hope of ever attaining the Electorate and the annexed Provinces is taken away and cut off from the children of King Frederick it being plainely there expressed that by those disposals the Electorate is conferred and delivered not only to the Duke of Bavaria but also to the Line of William that is to the race of is Father of which there are five males yet remaining for ever Which very thing is more plainely and cleerely delivered in the other last answere where his Imperiall Majestie doth confesse and most plainely show that he hath granted not onely to the Duke of Bavaria but also to the Line of William as well the Electorall dignitie as the upper Palatinate by an hereditary right and therefore no treatie concerning their restitution so long as any of that line survived might be admitted By this then it appeares plainely that the hope of obtaining the Electorall dignitie and upper Palatinate is not only cut off from â—he branches but from the very stocke With what confidence then upon what ground by what pretence can the treatie about the restitution of the Palatinate be continued Indeed it was afterward signified that upon advise with the Electorall Colledge which was interessed in the matter some meanes were discovered by which hopes were given that though the Bavarian line of William was yet in being the difficulty concerning the Electorall dignity might be over passed and some more ample satisfaction given to the most illustrious King of great Britaine But there is none that will use his reason but may observe to what end these reports were raised and devised For they are grounded upon no probabilitie but tend meerely to ensnare and illaqueate with vaine and empty speeches the King of Great Britaine and all those who are interessed in the Palatine cause that they might not proclaime warre take hold of occasions and so joyne with the French Swedes and other enemies of the house of Austria Such policies are ordinary in the Courts of Caesar and the Spaniard as may bee proved by many examples Indeed their Legates have learned this lesson so perfectly that amongst forraigne Nations they have not undeservedly gotten the name and fame of great politicians But I pray tell me what meanes can be found that satisfaction may bee given to the right and most just claime of Charles Lodowicke the Electour his brethren and kinsmen on the one side and the ambition and insatiable
THE EVAPORATION OF THE APPLE of Palaestine That is The Sifting of the Answeres and Rescripts lately given in the Cause of the Restitution of the Palatinate Together With a briefe Demonstration of the Nullities of the clandestine dispositions by which the Electourship and the Palatinate hath beene transferred on the House of Bavaria Translated out of Latine LONDON Printed by A G. for Ioyce Norton and Richard Whitaker And are to be sold at the Kings Aâ—mâ—s iâ— Pauls Church-yard M.DC.XXXVII TO THE MOST HIGH and MIGHTIE PRINCE Charles Lodowicke Count Palatine of the Rhine Archidapifer and Prince Electour of the Sacred Empire Duke of Bavaria c. THis amongst other reasons Most Illustrious Prince which prevailed with mee for the publication of this booke was the prime and principall that I might give notice to the whole world and to them who either out of ignorance or affection will not judge aright of the truth of things that the cause why that same solemne Ambassage which the most incomparable Peere THOMAS HOVVARD Earle of Arundell and Surry lately performed in Germany for the restitution of peace and of the Palatinate both with one commission to bee dispatched came not to a happy conclusion was neither in the most renowned King CHARLES Your Vncle nor in Your selfe but in those onely who upon honest conditions and demands would not suffer any thing that is moderate and of it selfe equall and just to bee obtained For Your part the mindes of all that were any way interessed in You were ready and willing to accept of any tolerable conditions But of the other side such things were prescribed and exacted as neither with honour and safety nor with conscience and the good of the Common-wealth could either bee granted or submitted unto as it is evident by the publike Acts and which we have shewed in this Enodation That which concerned mee in this businesse I hope and that not without some diligence I have discharged that is to say with our penne style writing as much as our ability would permit We doe vindicate and maintaine both the justice of Your cause and the innocency of Your person and exhibite to the world how great injustice is done to Your selfe and Kindred It is Your duty now since You have assaied all things 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by faire meanes and Your honest endeavours have beene frustrated that You advise of other remedies and embrace such instruments as You may by just armes recover and wrest from those unjust usurpers and possessours that which by violent force they have extorted from You. But that neither the power and fortune of Your adversaries nor the diffidence of Your owne abilities nor the warres proving for the most part unfortunate to King Fredericke Your Father and his Allies should either deterre procrastinate or make You timorous Tu ne cede malis sed contrâ audentior ito To evils doe not you give way But forward goe with vertues sway The felicitie of Your adversaries is so much the more slippery by how much the higher it is ascended it is come to its height and now stands tottering by and by ready to fall with his branches if but once shaken with some sudden violence of the North South-wind Things of moment are ruined in a moment and the dubious fortune of that injurious and ingratefull House is wheeled about It will not long retaine those things which by violence fraud and injustice it hath detained from Thee Quem Dies vidit veniens superbum Hunc Dies vidit fugiens jacentem Whom the Sun rising saw in honours place Him the Sun setting saw in great disgrace Goe forward then most Illustrious Prince bee bold confident adventure to the utmost You shall have God and the winds to second your Sailes with a prosperous gale A small Army guided with Councell and true valour have many times subdued great forces How often have a little Company by marching forward and adventuring in warlike affaires got the victory of a mighty hoste A Cane non magno saepe tenetur Aper Not seldome times in open Field By little Dogge great Boare is held Even small Creatures have procured danger and destruction to greatest beasts Your cause is good and You shall have Armes that will maintaine Your cause The revenge of cruelty and injustice doth pursue your enemies put on persist if that the Land denies a way let the Sea prepare your passage to them by perverting and preventing said that great King by turning aside and by going forward are battailes wonne The first preparations of warre are somewhat difficult but once gone into the field You shall have Councels Associates Companions Souldiers A small Band under the conduct of a couragious and valiant Leader in time will encrease to a great Army Observe the occasions and moments of times actions and men as they offer themselves and thinke upon them If You will associate Your selfe with any of Your friends that doe warre with You You shall be a most welcome Companion and receive sociable assistance from them The experience of many ages and the Annales doe testifie that in the beginning all warres almost have gone against them to whom of right the victory appertained but in the end the better cause have alwaies triumphed and prevailed Fortune is not without its returne shee hath a long while favoured Your adversaries and forsaken you now the wheele is turned shee may forsake them and follow You. But whether am I carried These things are not for this place and time Onely the God of Heaven make and keepe You most Illustrious Prince flourishing and in safety and prosper all Your Councells and designes to Your hearts desire From the Vbij the Nones of March 1637. VOLRADUS a TRUBACN To the Courteous Reader AS he who afarre off beholds Brasse or Tinne cannot easily distinguish the one from Silver or the other from Gold unlesse hee comes neere them And as to one having the crystalline humors of his eyes darkened or using spectacles the object beheld appeares lesser or greater than in trueth it is So for the most part those which are possessed with an over-weaning opinion and conceit or led away by ignorance or a false perswasion or stirred up with a troublous passion or sudden motion of the mind examine things sleightly not prying into the more hidden secrets of the matter and touching onely as I may so speake the shell but not at all attaining the kernell they judge and determine farre otherwise of mens actions counsells intentions opinions words and writings than is lawfull and agreeable to trueth That fatall Palatine Cause so generally knowne through the whole world affords a notable and lively example hereof Cui non dictus Hylas Where is the man to whom this sad newes hath not beene related But who I beseech you amongst so many thousands doth at this present sincerely and faithfully and uprightly judge thereof who among so many doth well know and understand it For who
bin done hitherto by so many Legations and Embassies in the Cause of the Palatinate but that all that labour and endeavour vanished into smoke Yet that it was to be considered That after the death of the King Friderick for whom especially it was interceded whose restitution and reconciliation was chiefly aimed at whom the Caesareans stiled the Author and fire-brand of all those troubles and with whom only they averred themselves to be offended The state of things was not a little altered and therefore it was probable that their hatred and wrath was somewhat abated that the Imperialists as they pretended would now become more moderate men and casting off their old rancour the father being dead would not take vengeance of the guiltlesse children and therefore concluded the King did wisely that by a solemne Legation in the name of his Nephews He attempted to make their composition and procure the restitution upon Conditions and might try whether their adversaries were still as cruell and insolent against them as they had bin formerly against their father seeing there was far lesse cause for it against them then against him Besides of the other side the King had good hope to obtaine their restitution that he was desired to come to a Parley and to send an Embassie with full power to Caesar assoone as might be and these concurrents promised an happy issue This hope if hee had despised or either relinquished the businesse as lost or made warre upon that occasion the adversaries then might have had good cause and pretence to complaine of his weakenesse or rashnesse Besides they said there were some other causes that made the King demurre upon the matter holding it unfit to take Armes with vnwashed hands and before hee had better setled his owne affaires and that though it was to be feared that this Embassie would be also fruitlesse and unhappy and in the meane season the faire occasion of warre would be neglected Yet the King neverthelesse should thereby get this benefit that not onely the justice of the cause the innocency of his Nephewes the pride of their enemies and the injuries done by them would more cleerely appeare but that himselfe also must be justly excused and commended if after all experiments and this last endeavour which yet remained of making a Peace by Treaties he should bee unwillingly forced to attempt another way These and the like reasons mooved the deservedly stiled most Wise and Moderate King to send His Ambassador Thomas Howard Earle of Arundel and Sarriâ— with all speed to Caesar with perfect instructions for that negotiation At the Ambassadors first arrivall in Germany some things happened beyond his expectation from whence the more curious sort of men began to divine forthwith of the successe of his Embassie For first he was compelled to bee an eye-witnesse of the cruelties practised upon the bodies and goods of the miserable Citizens and inhabitants of Frankendale for whom himselfe became an intercessor Some were clapt in prison and constrained by threats and famine to pay their unjust ransomes others vexed with extorsions tributes burthens and services pined away for sorrow the more he complained and intreated for them the sharper was their vsage No mercy could hee obtaine for them by his suit and intreaties either from Caesar the King of Hungary their Ministers or the Spanish Ambassadors no assurance that those Conditions which were granted them at their yeelding should be observed but from the time that he first pleaded for them they were as on purpose used more hardly And how then could he hope to obtaine the maine suit when these trifles were denyed him Againe when at Norimberg he understood by Iohn Taylor who came from the Emperors Court that the King of Hungary who was then at Nordlingen in Swaben and going to the Imperiall Army desired that he would meet him upon the way as he seemed desirous to speake with the Ambassador he sent Taylor before him to appoint the time and the place of their meeting and to informe him of what was done But after some dayes waiting for an answere he perceived in the end the King did either seeme lesse carefull of meeting him then any other businesse or else to have meerely forgot it And yet more neither by Letters nor Agent which is the custome when the Ambassadors of Kings come to the Provinces and Dominions of other Princes did hee vouchsafe to greet him which was accounted a token either of pride or contempt or inurbanity At last he found the King according to his fathers command and the writings drawen up at Donawerth the very same time when they had appointed to meet giving and delivering to the Iesuits certaine consecrated goods lands revenues and intire Monasteries in the Lower Palatinate which upon the marriage of the Queene of Bohemia his Kings sister were conveighed unto her for her Iointure which was no good token of a will inclining to restitution when he shewed himselfe more forward to alienate rend and distract that estate then to restore it When he came to Lintz a towne of eminency in the upper Austria where Caesar then abode being within few dayes after bound for Ratisbon where the Septemvirat Counsell was assembled he was indeed entertained in great state and much complement and had free and frequent accesse to Caesar and the Empresse but about the Cause he came to treat of for many dayes he found a still silence Neverthelesse at last impatient of delay he having more importunately urged it Caesar as seeming desirous to treat of the businesse seriously appointed certain Counsellors who should conferre with him namely the Bishop of Vienna Peter Henry Stralendorff Vice-Chancellor of the Empire and Iustus Gebhard a Civilian Once they met and no more to wit upon the 14. of the Kalends of August for the Ambassador having perused the Commission which the Emperour had given his Counsellours for treating about this businesse found amongst other instructions this That the King of Great Britaine by Iohn Taylor had offered to enter into and settle an offensive and defensive League with his Imperiall Majesty and the house of Austria against the common enemies and adversaries of that State The Ambassadour knowing this to be false and against the Kings repute credit and integrity accounted that by vertue of his office he was bound to vindicate the King from this imputation and to confute and contradict it both by word and writing And this was the cause which then hindred him from further discourse with them And thus he began These things said he being so unworthy and altogether from the meaning faith and integrity of the Kings Majesty I have conceived that it wholly appertaineth to my office and the honour and dignity of his Royall Majesty to declare the sorrow and griefe of mind which I have hence received both by word and writing to your Imperiall Majesty protesting publikely That it is not only against the intention of my Soveraigne the King nor
most valiant in their undertakings of Armes both by Sea and Land who hath in a readinesse some Myriades of most skilfull Marriners approved Pilots who is neither terrified by feare or suspition of sedition contumacy or disobedience nor yet disturbed in His purposes and intentions who safely and that with his great advantuge may invade his enemies but cannot bee invaded without danger to the attempters who can wage warre against other Princes with profit and without danger and prevent and suppresse in the very beginning a warre that is made against him before it comes neare him But as he is most observant of his covenants and most desirous of peace and the greatest lover of justice and equity So doth he also desire no other mans right provoketh no man unadvisedly but onely endeavoureth to keepe and maintaine that which is his owne For such is the justice piety and integrity of this great Monarch for hee hath these graces which are the supporters of his royall throne amongst others proper and engraffed in his royall breast that he will keepe his covenants conditions and leagues that are made with him whether of peace or commerce wholly punctually and inviolably with all men and not take up Armes for profit and by violence but with necessity and mature preparation preferring the security and safety of his people before his owne private revenge or desires That the Spaniards at this day keepe possession of Flanders and the Netherlands that they have free ingresse and egresse to their owne shores bayes and havens that they can trade and traffique with their so far distant and remote Kingdomes that they can send their money by letters of exchange to maintaine their Armies that they can take up and bring fresh souldiers and supplies into the field All this is by the favour of King Charles For had it pleased him at that time when the French and Hollanders with their joyned forces and Armies marched into Flanders either to have given them a small assistance or have reached out his hand to the common prey there is no man doubts but they had beene turned out of the Netherlands and beene beaten by Sea and enforced to retire into their ancient Caves and Dens beyond the Pyrenean mountains Hence then it is manifest how needfull and behoovefull it is for the Spaniards and the Austrians to have for a friend or at the least no enemy but a mediatour both of Peace and Warre so potent a Commander of the Sea They ought therefore carefully to take heed that they doe not alienate or estrange Him from them that they move Him not to wrath displease Him or stirre Him up against them For if they should have the King their Foe and Enemy the trueth is they would soone be reduced to order and forbeare their pillaging and invasion of other Kingdomes and Empires and be compelled to alter their purpose of an universall Monarchie throughout Europe being scarce safe in their owne houses and countrey and altogether unable to maintaine themselves If the King would but at the least prohibite and hinder them from comming upon the Seas from using of traffique and navigation their power and strength would soone come to a straight For He might if He thought fit to undertake it in a short space of time and within one yeere chase them off from the Ocean like that great Pompey who within the space of three yeeres scoured the Sea of all Pirates through the whole Roman Empire If any one doe well consider the particulars he shall have cause enough to detest either the impudence or obstinacy or arrogance of the Austrians and Spaniards in that in the Palatine Cause they have not onely not given satisfaction to the most reasonable and iust demands of so mighty a King whose Peace affords them safeguard and security but also that they still hinder His Nephews from being restored to the former state of their Dignity and fortune But let them know That as anger in heroick spirits is slow and tardy in the beginning so it is fell and vehement if being overmuch provoked it shall move it selfe with a just violence Philip Peucer in Chronic. Carion At length without doubt the just Nemesis will awake and rise against them requiring vengeance and punishment of those arrogant oppressors of the innocent and pillagers both of Kingdomes and Provinces Now if Caesars propositions be looked upon as they are attired in the vestments of the annexed Conditions they are to be reputed still viler baser and more opprobrious I pray you what favour is this which tends to trouble disgrace withall is to be bought at so deare a â—ate Briefly every man may see that this is intended chiefly That both the most Illustrious Palatine family most observant of their liberty and the ancient Ordinances may be utterly oppressed and continue in perpetuall infamy that it rise not againe and that their friends and abettors may be circumvented and hindred from taking of Armes and that they may not upon the occasions and moments of time apprehended associate themselves with the eneenemies of the Austrians Lastly it must be given you to understand that The Emperour in his last answere which he did likewise in the former pressed the Ambassador to descend to particulars and more plainely either by writing or if it pleased him which his Imperiall Majesty did judge more convenient by vocall conference with his Imperiall Majesties Commissioners to explaine what the most Illustrious King of Great Britaine doth offer and intend to performe to His Imperiall Majesty in exchange of these faire offers that each Party proceeding in a faire equipage as the custome is it may be treated agreed and concluded concerning the Propositions demanded and the Conditions to bee performed on both sides which His Sacred Imperiall Majesty thought consentany and agreeable to reason But the Ambassador in his proposition and afterward declared That his King if for His sake there should be a restitution not onely of one part but of the whole Palatinate with the Electorate and so the foundation of an universall peace should be laid Then Hee would make a league with the Emperour and the whole House of Austria and the Princes of the Empire to begin setle and continue a peace A very good and most faire requitall who could hope and expect more The King offered more than enough and yet the Caesareans and Spaniards were not contented with it They would have that the Ambassadour should remonstrate and shew in particulars with what couenants and conditions the King of great Brittaine would make his league with the House of Austria for of the Empire and the Princes thereof they made no mention nor did they much care for it because the Austrians should get no great advantage by such a conditioned league with the Princes or what or how much assistance either of Armes money or shipping Hee did intend to covenant and performe But the Ambassadour as a wise and circumspect
and his Letters of Investiture and a little after n. 175 nothing is granted provisionally and for time of life no title is reserved for the Duke of Newburg and n. 182. For the Electorate Palatine was by the meere good will and arbitrement of the Emperour other great and most just causes moving him to it tranâ—ferred upon the Duke of Bavaria and his Noble Family without respect or mention of his expence in warre and n. 184. the matter by the space of two yeeres and more being throughly scanned examined and advised of hee began to translate it upon Maximilian the Duke of Bavaria and his Family n. 188. that so Iustice dipsosing it the Electorall dignity raked out of the Ashes againe might returne to that Family to which of old it did belong though contrary to right law and covenants confirmed by oath it was taken from it n. 190. of the Electorate Palatine by reason of the most haynous crime of rebellion committed and perpetrated by the proscribed Fredericke fully devolved to him and justly and lawfully translated to the Duke of Bavaria and his family But what needes many words Have we not heard sufficiently already that the Emperour doth no longer deny but openly and publikely professe in the hearing of all the world that he hath given conferred and by Investiture delivered the Palatine Septemvirate to Duke Maximilian and the whole Bavarian Line This Act indeed was not long knowne among the Commons Before the publication of the Articles of Prague no man ever heard of it unlesse perhaps either by divination suspition or conjecture he did smell it out But these things as all other passages in this businesse of transferring the Electorall Dignity were ordered and ennacted privately and by a compact plot as it were in hugger-mugger they being neither heard nor called without defence and absent whom it most concerned without the privity and consent of the chiefe Electours and Princes except that some afterwards enforced with feare did not contradict them against the Laws Right and faith given to the contrary But how doe these things suit and agree with those of the Emperour and the Duke of Bavaria who when in the Diet at Ratisbone he invested Maximilian into the Electorate both to the Electours and King Iames did religiously assure promise and avow engaging his inviolable faith that hee had translated and conferred the Electorall Dignitie to the Bavarian but upon certain Condions as namely without prejudice to the right of the pretenders and no longer than for his life For thus hee expresseth himselfe in his declaration solemnly made to the Electours Feb. 23. An. 1623 That the Investiture was made without prejudice of the sonnes of the Count Palatine and his Brethren as also of the Duke Wolfgangus Willhelmus Count Palatine and other his kinsmen so that nothing was detracted from any of his right but that it was expressely reserved to bee decided as soone as might be either by a friendly composition or by law the controversie being decided whatsoever was adjudged for them should be delivered them instantly after the death of Maximilian the Duke of Bavaria and the Investiture thereupon to bee granted The Electours also of Saxony and Brandenburg acknowledged the Duke of Bavaria but it was upon certaine conditions and no longer than he lived for when he died the title was to be restored to those to whom before the Proscription and the translation of the Palatine so the words runne by reason of the simultaneous Investiture the Electorall dignitie did of right belong The Emperour in his letters to King Iames the 5. of March the same yeare writeth in this manner That hee by his declaration would not in the least derogate or prejudice any in their rights but to the pretended succession in the Electorall Dignitie and dominions a doore of his Imperiall grace and equitie should bee alwaies left open both to the children brother and kinsmen of the Palatine Furthermore that it was expressely inserted in the Instrument of Investiture that by a friendly treatie or if that would not prevaile by a summarie or royall processe it should be pleaded and decided what of grace might be given to the Nephewes of the King pretending a right of succession and what of equitie to the Kindred in the Dignitie and Electorall Priviledges And the Bavarian himselfe also did averre and promise upon his faith that he would possesse the Electorate upon Condition and no otherwise and that after his death it should be restored to him or them to whom by Composition or sentence of Iudicature it should bee adjudged As it is more largely expressed both in the Charter of the Investiture and in the foresaid Declaration of the Emperour as also in Letters of the Electour of Saxony to the Elector of Mentz and in the answere of the Electour of Brandenburg to the Embassadour of Caesar dated at Regiomontium in Borussia the 12. of May 1627. All which notwithstanding being violated and cast by the septemvirall dignity with the Country by secret contracts and agreements is granted and conferred upon the Line of William that is upon all the Dukes of Bavaria and their children In that Decree also made the 24. of February this yeere last past to which the Emperour doth now and then affirme that hee will constantly adhere he hath left some hope of regaining the Electorall Dignity whilest he thus writes againe When it shall come to a Treaty concerning the Electorall Dignity and the other demands His Majesty will observe such moderation that in those things which may be granted upon reasonable Conditions both the most Illustrious King of Great Brittaine may thence discover the good will and affection of His Sacred Imperiall Majesty towards Him and the often named Count Palatine may apprehend the inclination of His Caesarean Grace towards Him And this He also repeated word for word in His Answere to the English Ambassadour the 30. day of Iune of the forementioned yeere But it is to be observed that these words were spoken and rehearsed long after the agreement of Prague and the translation made in facto upon the Line of William Quanto in pectore hanc rem meo magis voluto Tanto mihi aegritudo auctior est in animo Ad illum modum os sublitum esse To use the Plantine phrase not onely to all the Counts Palatines but to all the Princes of the Empire and others who favoured the cause Palatine being perswaded that the proscription and hatred of the Caesareans was onely against Fredericke and not against his children and that the Electorate should be restored to them after the Bavarians death and yet deceived especially the two Electous of Saxony and Brandenburg who were so cautelous of being deluded and yet shewed lesse care when they seemed most carefull But upon what ground with what conscience by what right could such clandestine and prejudiciall disposals be done they being unheard and unconsulted whom it principally concerned Yet as such
grants and disposals are nullities and unjust so they cannot bee confirmed by the covenants of Prague nor by the Princes That they were of no validity it appeareth by this first because they were concluded privately betwixt Caesar and the Bavarians and point-blancke contrary to the fundamentall lawes of the Empire for in the golden Bull the prime and chiefe fundamentall law cap. 7. 20. 24. and other constitutions it is decreed particularly That the dignity right power vote vicariate office and function of the Septemvirall eminency with their Principalities and Dominions by vertue whereof the secular Princes Electors are knowne to have their right and vote in the Election of a Romane King and his preferment to the Imperiall dignity should bee so conjoyned and indivisibly united for ever that no one part of the premises ought to be so divided or separated from the other at any time or may be questioned in judgement or out of judgement severally or adjudged or divided by sentence because they ought to be unseparable nor shall any lay a claime to one part without the other That if by errour or otherwise such a plaintiffe have prevailed or processe judgement or sentence or any thing of the like returne should issue forth against this constitution or otherwise happen to be accepted all that which is already done and all the consequents and things thence succeeding shall be absolutely void in Law Againe in the royall Capitulation which is the second fundamentall Law of the Romane Empire containing the articles and covenants which the Electours by way of contract have made with the Emperour to the religious observation whereof by giving a solemne oath he must binde himselfe these things amongst others are vowed and promised by his Imperiall Majesty That in the greater causes concerning the Empire hee would aske advice and give eare to the votes and opinions of the Electours and decree and confirme nothing without their foregoing lawfull knowledge and consent That Hee would authorise no mandate rescript or what ever else might bee grievous to others against the golden Bull and other constitutions and covenants of the Empire nor would either himselfe make use of any such instrument or suffer that any one should purchase the like or make use thereof Also that if hee have any controversie or suite against any of the Princes he shall try it by law but use no violence against them especially who are willing to stand to a lawfull hearing Also that hee will observe and hinder and neither by any meanes nor upon any pretence grant that any of the Peeres and States whether an Electour Prince or other may be proscribed condemned and declared outlaw'd but he will endeavour that it may bee proceeded thereon according to the ordinary rule of Law and the constitutions of the Empire by the prescript of the reformed chamber of ordinances A clause is added in the end That if any thing should bee undertaken and done contrary to this and other heads of the Capitulation it ought to stand as a nullity to bee void and of no validity Let all those things be considered and examined which hitherto have beene ordered disposed and done de facto in the Palatine cause and decreed against him from the beginning to this day and those especially which concernes the distribution of the Electorate and division of the Palatine Territories Are not all and each of them directly contrary to the golden Bull and the plaine prescript of the Capitulation and laws Is not the Electorall Palatinate torne in pieces devided and distracted the greater part together with the office being given to the Bavarian an other part to the Spaniard the rest ro others directly against the prohibition Where whether and when were the Electours called assembled consulted and gave their votes according to the custome of their Ancestours while these things were done Did not the Saxon and Brandenburger constantly and eagerly oppose the King Frederickes proscription the translation of the Electorate upon the Bavarian and the exclusion of the Kings children and kinsmen from their right Let the suffrages given up in the Senate of Princes in February anno 1623. Let sundry of their letters to the Emperour and their answers given to the Imperiall Ambassadours be read If they are now silent it is because they are compelled by violence and feare When the Electorate was translated to the Line of William the Bavarian when those constitutions were forged and anvil'd in a darke shop when the pacification betwixt Caesar and the Saxon was to be patched up by Ambassadors at Prague where then were the other Electors and States Did they then come in Were they then present Did they then give in their Votes according to the custome of their Ancestours Did their lawfull consent and Votes precede it Were they who were deprived of the Electorate their Right and States Were others who were also interessed cited heard and defended Was this great negotiation determined upon the hearing of the Cause and according to the prescribed Lawe No such thing was thought of no such thing done but the cognizance of the Electours States and unsuspected Peeres was neglected and rejected and all things determined by arbitrement by affection hatred and fulnesse of power against justice the Lawes and Customes the Royall Decrees Covenants and Capitulations against the customary and due manner of proceeding against the absent unheard unaccused guiltlesse plaine innocents not in a publike assembly but privately in a chamber and by a secret Party these things were done spoken decreed written and perfected Hence the Electors of Saxony Brandenburg not without cause objected to the Emperour as by way of exprobration That in a matter so waighty and of such moment whereon the safety or ruine of the Sacred Roman Empire as experience will witnesse might depend they were not called to Counsell and heard according to the Rule of Capitulation especially when there was a controversie about an Electour a principall member of the Empire That this businesse concerned one of the Septemvirate and the Electorall Dignity and therefore the Electours were not to be excluded from the cognizance thereof That it is sufficiently knowne that the case and question betwixt the Lord and his Vassall when it is controverted about the losse of a Fee according to the common feodall Law is to be decided and judged by the Peeres of the Court who are of equall dignity and estimation with the defendant That this Ordinance ought to bee better observed when any thing is to bee determined against them who are now Illustrious and eminent That by the Covenant of Capitulation those who are most intimate and familiar Counsellers to His Caesarean Majesty and who might equalize him that was to be punished or deprived of His Priviledges in State Dignity and fortune should have beene called to Counsell That they did openly and to the face of the world protest that this proscription and the execution thereof was decreed
and promulgated without their counsell and consent That an other manner of proceeding should have been observed in this businesse That in the foresaid Capitulation it is most plainely ordered and decreed that no Electour or other Prince of the Empire may without a full hearing and ordinary proces and judgement be proscribed by the Emperour and proclaimed an Outlaw That they understood not by what law and pretence the Electors could bee excluded from advising and understanding a matter of such weight as might turne the Scale of the safety or destruction of the Empire And being that the forme of a judiciall processe is one part of justice which cannot be administred better than by the authorized and prescribed Lawes it ought to have been endeavoured That the Count Palatine might have been heard before His condemnation according to the strict rule of the Law and and the sacred Capitulation and that therefore an ordinary processe should have beene issued out according to the Constitutions of the Imperiall Chamber and many other circumstances have beene considered before the sentence of Proscription had beene promulgated And this the rather in respect of the Count Palatines Children Brethren and neere kinsmen all and each whereof are accused of no crime much lesse convicted That the translation of the Electorate and the Dominions thereunto annexed are of no lesse consequence and prejudice than the Proscription and therefore of Right they ought to have beene advised and consulted withall in that point according to the Decree of the Capitulation and not to entertaine a bare intimation thereof after it was done That the Septemvirate and Princes of the Empire are under His Imperiall Majesty but withall Electors and States of the Empire and the very pillars and props thereof and therefore it is not to be questioned but that the examination of this matter appertained to them That Caesar would not grant and conveigh an Imperiall Fee or Towne without their advice and consent How much more needfull was it that Hee should have their Counsell and approbation when the question was made about the translation of the Electorall Dignity and such noble and Princely Fees of the Empire That by this processe the other Electours Princes and States might receive a great and irrecoverable losse if themselves unheard and the Electours not called to Counsell they their children and neere kinsmen without examination of the cause might be deprived and spoiled of their states and dignities entayled upon them and all these transferred to strangers by arbitrement That by this meanes an Electour or Prince of the Empire would be of a more unhappy condition than any ordinary noble personage of Poland because that he cannot be proscribed but in a full Parliament That the estimation and prerogative by which the Electors have beene hitherto of eminent note within and without the Empire would grow of small account and that they who formerly in their presence durst not put on their hatts might hereafter make a question whether they ought to stand uncovered before them If the Electours ought not to be consulted with and know when any Electour is to be proscribed that then indeed they could not understand in what the prerogative and authority of the Electors doth consist or the name onely excepted what difference there can be betwixt them and the minor Princes of the Empire nor how they may be secured from the danger and prejudice to which themselves might be lyable by this manner of proceeding that the proscription of the Prince with the following execution and the ensuing translation of the Electorate which ought not to have been without their advice counsell and consent was done without their knowledge that the Electors and Princes ought not to be of a more unhappy condition especially in regard of condemnation and punishment than the meanest sort of men against whom unheard and uncited there can bee no proceeding or sentence of condemnation pronounced though their crimes be most notorious All these arguments which wee have touched by way of Collection following the heads of things and but a relish of both those Electors of most renowned and eminent authority and estimation who out of their owne knowledge have testified and in their publike writings and letters in their speeches in open Parliament by most ample Embassies have very often and more than sufficiently written and declared And it is apparent from those things though but related upon what foundation of trueth and credit those things are built which were formerly urged out of the Author De Septemviratu in Ducem Bavariae optimo jure translato and what is to bee thought of the translation of the Electorate done so privately without the required solemnities and the lawfull advice of the Electors assembled But of this argument there will be a more convenient place to speake hereafter It shall now suffice to bring in this conclusion out of those premises that all those Dispositions Decrees Covenants Sentences and Executions are of no force in Law but void unjust and of no consequence or effect as the Law and Iustice doe pronounce them l. Si expresse 19. D. de appellationibus relationibus where it is said That the sentence is not to be pronounced if it be made directly against the Lawes or a Decree of the Senate or Constitution Therefore if any man shall appeale from such sentence and be discharged by decree the sentence is made of no force by that ordinance c. 18. de regul in 6. l. ex stipendatione l. probatam a praeside c. de sont inte locut Novel 113. And againe it is to be observed that the agreements and covenants of private men cannot derogate from the publike right the lawes and constitutions of the Common-weale l. nec ex praetorio nec ex solemni jure privatorum conventione quicquam immutandum est 27. l. neque pignus § privatorum conventio jur publico non derogat F. de regulis juris l. juris gentium 7. § 16. ibi pactum a iure communi remotum servari non oportet l. contra iuris civilis regulas pacta conventa rata non habentur 28. l. ius publicum privatorum pactis mutari non potest 55. D. de Administr rerum ad civitat l. nemo potest 55. D. de legat 1. l. pacta quae contra leges constitutionesque vel contra bonos more 's siunt nullam vim habere indubitati juris est 6. c. de pactis Mâ—re no rescript of Caesars no royall decree no sacred observation which appeare contrary to the generall rule of the law are of any validitie nor may be produced as proofes in a controversie thus the Emperour Anastatius hath decreed l. ultima c. si contra jus vel utilitatem publicam Besides those dispositions were concluded against faith and caution given meerely to deceive them to whom the promise was made as is abovesaid where it is shewed that Caesar and the Bavarian Lad religiously and often promised
Bavarians Henricus Rebdorff in annal and afterwards miserably spoyled all Bavaria When therefore hee would give way to his owne desire while he sought to please his owne affection foming with a most burning hatred against the Bavarians he greedily snatcheth at that occasion agreeing with his Genios that hee might take vengeance of his enemies and keepe them unable to resist him below the dignity of their Ancestours And not much after fol. 72. these things being thus ordered when the Electors were preposessed when Rupert the Count Palatine did flourish in most eminent grace when the Bavarians were involved in the doubtfull hazard of warre briefely when all things were brought to that passe that the Bavarians were accounted as enemies and the Palatine stood as a favourite Rupertus the Count Palatine in the yeare 1356. in the Diet at Norinberg obtained a Charter of Letters patents by which the Electours affirme the office of Arch-Sewer and the Electorate to be annexed to the Countie Palatine of the Rhine Surely nothing at that time was more easie to be obtained than that Hee had the Emperour of his party and the Emperour drew all the Electours unto his sentence for they all subscribed according to the forme which Charles had prescribed them They had severally concluded what they ought all joyntly to have questioned fol. 232. You were better not speake of Charles the 4th and his Bull we know we know what he intended and now all men know that we know it Hee sacrificed unto his wrath against all law and right against the customes of our Ancestours he endeavoured to conferre the Electorate upon the Palatines whom hee loved most dearely that he might snatch it from the Bavarians whom he hated most deadly This is that he would have this is that hee intended and aymed at and how he might attaine unto this end hee summoned all his wits together Speake now fol. 298. what as much and as eloquently as you can yet this is our Iewell which Otho the third set into Bavaria by him we came into possession and upon him we rest Charles the fourth laboured in vaine to take it thence what ever he did he could effect nothing It stood secure and immoved above the top of power the supreame hand of puissance could not reach thither nothing was done lawfully nothing orderly nothing solemnely It was no judiciary sentence but violence He cast out the Bavarians by extreame injury that against all right he might bring in the Palatines Your beginning is wicked the proceeding unjust and to conclude the whole possession vitious Thus farre he But now as before is done place onely the Palatines and the Palatinate for the Bavarians and Bavaria Maximilian Duke of Bavaria for Rupertus Ferdinand for Charles the dispositions of the Electorate and the treaty of Prague for the golden Bull the Diet of Ratisbone for that â—t Norimberg you will say the persons onely being changed the same play is acted at this day which is feigned by Burgundus to have beene acted lnog since and was first shewed upon the stage by Christopherus Gewaldus by an artificially contrived tale These were the first which stood up as the chiefe patrons of the Bavarian cause who have not feared to oppose and accuse of falsitie and nullity the sacred and for so many ages inviolate authority of the golden Bull. But if it bee lawfull for private men to vilefie and make voide the most sacred decrees the wisest ordinances of our Ancestours the continuall custome observed by so many Ages allowed confirmed and sealed with the imprinted seales of the Emperours and Electours I will not say what confidence but what hope of setling the state remaines What can be safe just and inviolable in the common society of men in the succession and possession of dignities and offices woefull experience doth testifie what miseries have attended this opposall of the golden Bull and usurpation of the Palatine Electorate In one word deadly warre cruell slaughter horrid proscriptions and the most to bee lamented distraction of the whole Empire the chiefe and principall cause of this continued and renewed mortall warre being the snatching away of the Electorall dignity which the most illustrious Electors of Saxony and Brandenburg foresaw immediately and foretold from the beginni g They affirmed that the translation of the Electorate was not a meanes to stay the warre but rather an occasion which might produce and raise more bitternes of mind schisme and division among the Princes and the universall distraction and desolation of the Empire that therefore they thought it needfull that the Count Palatine should be restored that a secure and true peace might be setled that by rigour there could bee no course taken for the safety of the Republique which by that meanes was rather drawne into danger and involved in a perpetuall warre Againe that they adiudged the translation of the Electorate to be the principall cause of these troubles and warre because the children of the Count Palatine in regard of their knowne innocency might by no meanes be excluded from their dignity and dominions those especially who before the pretended cryme of the Father had obtained the priviledges atchieved by the providence and covenant of their forefathers in the Electorall Palatinate Besides that their neerest kinsmen of blood to whom the right of atchivement did likewise appertaine by the simultaneous Investiture were wronged and deprived of their right The same most Illustrious Princes have more then on e and againe complained openly that their good peaceable counsels were not hearkned unto but that those meanes were undertaken which in deede were causes of more stirs commotion and enmity for experience it selfe plainely shewing that the state did still grow worse in regard that those courses from which they had used all arguments of disswasion as being the seeds of discord were neverthelesse preferred and put into execution with all vehemency of spirit Besides not onely both those Electours by their owne Ambassadours but also the rest of their colleagues and the other Princes which were present at Ratisbone in the yeare 1623 when Caesar was about to have confirmed the Electorall dignity upon the Bavarian by a generall consent testified that King Frederick was not the incendiary and architect of the stirres in the Empire themselves affirming it in these words That the Count Palatine is a young Prince who being seduced by others knowes not how to advise himselfe and againe that hee was not the authour and beginner of those commotions in Bohemia but that they had their beginning and proceedings before he was ingaged therein But it is much to be admired at and lamented that I may not say it is worthy of blame and reproofe that the Emperour and Electours for so many yeares and in so many sundry Parliaments and in these two last kept at Ratisbone in the yeares 1630 and 1636. neglected to hearken to the demands of the King of great Brittaine and by the granted and
decreed restitution of the Palatinate upon reasonable termes to restore peace to the Empire and their Countrey so shaken with civill dissention and warre How can they excuse it before God and men of this present and the ensuing ages Had they not causes weighty and urgent enough to move them to preferre peace before warre that those tumults being quieted and some personages restored to their former estates and fortunes they might settle themselves and the whole Empire in the tranquillity safety security and honour Ought not both the present common calamities of the Christian Commonweale and other neere approaching stirre and rouse them up ought not the mournefull cryes intermingled with teares of their wasted and desolate Country move them and pricke them forward to an intimate commiseration They might have learned by the events and instructions of so many yeeres that the safety liberty Honour and quiet of the Commonweale was contained in that restitution and the Decree for forgetfulnesse but contrarily that by the expulsion and oppression of the most Illustrious Electorall Palatine House this woefull warre was not only not extenuated and abated but grown more grievous and raised to such a flame that thereby all Germany is set on fire and the neighbouring people and nations are scorched What fruit hath this continuation of the warre brought forth What profit and power hath thereby accrued to the Common-weale it is knowne to the world and the Victories themselves must needs confesse what small profit they have gotten by their victories to wit that they were never the more secure but have received more losse and trouble more ignominie and hatred than profit praise and authority Nor is it to be doubted but that greater mischiefes and inconveniences may ensue if they shall suffer these discords and raging warres to abide in their strength but little longer For it is not probable that those princes who have bin disvested of their estates driven into exile and brought to the point of dispaire will ever be quiet as long as they can expect any reliefe or helpe elsewhere nay they will leave no stone unmoved no meanes unassayed but as it is in the proverbe will move both Heaven and Hell and to conclude like the Serpents whose head being bruised doe last of all threaten with their taile will leave no thing unattempted wherby they may be inabled to returne into their Countrey and recover their lost estates And this certainely will bring with it most strange and dangerous changes of state minister fuell to a perpetuall warre torment and terrifie the Princes of the Empire with continuall feare and at last hasten the utter ruine and destruction of the Commonweale Besides the forraigners which either would abate the puissance and authority of the Caesarean Majestie and the house of Austria the foundations whereof are thought to be laid in Germany seeke for profit in the rubbish of the Empire or revenge private injuries or endeavour a change of government may alwayes have an occasion to pursue their designe whilest under the shew of helpe to which they will professe themselves bound for the restitution of their banished friends and allies they may dispatch their owne intendments It is to be feared also least the Turkes using and being moved with this occasion rise up and with their whole power before they have any losse invade Germany already shaken and much weakned to the conquest whereof they have long time applied themselves and yet attend the opportunity of the season All these and other innumerable mischiefes might have long since been prevented if all private quarrels enmities and factions set apart the peace and concord and ancient consent and harmonie of affections had bin reduced and established amongst the Princes and by a common and publike accord care had been taken and provision made for the safetie and securitie of the Common-weale And this surely had beene easily done if those counsels and remedies which availed to that purpose and were in a readinesse had been sooner taken and applied of which these two alone are thought the most convenient and efficacious First if a generall and universall amnestie of things past had been decreed secondly every one no man excluded out of this peace and amnestie who by warre and the injury of times was cast downe from his fortunes and honours had bin intirely restored to the estate which he possessed before these stirres began For this is most certaine that there can bee no firme ground found out for a concord in Germany that no peace no leagues will endure long which are not concluded with the consent and will of all who are interessed therein and with restitution and satisfaction to the banished persons The other conditions if any be remaining to be agreed upon and added would have passed without difficulty or exception For out of doubt the strangers who have engaged themselves in this warre by this meanes all pretence of the continuation thereof being taken from them would willingly have refrained Armes and entertained peace Againe by restitution of the Palatinate Charles Lodowicke the Electour being received into his former degree and dignitie the Emperour and Electours might have gained this advantage that they might have layd a farre stronger surer and setled foundation of an universall peace than by the treatie of Prague all hope being taken from their enemies of invading and oppressing the Germane Common-wealth and the other provinces yet free from the tyrannie of warre And withall as they might have purchased a most glorious and happy peace and security for the Roman-Germane Empire themselves their friends allies and people so to conclude might they have delivered the youth of Germany by so many slaughters and miseries reduced from so great a number to such an admired and unheard of scarsitie from famine mourning sorrow and griefe by which as by a gentle fire they were daily wasted and destroyed Besides it had beene no small honour to the Emperour and Electours if they had replaced and setled in their ancient honours and possessions the Princes Palatine descended of such a Princely Race joyned in consanguinitie with the principall families of the Kings and Princes of Europe whose progenitours have so well deserved of the Empire for the greatnesse glory liberty and safety whereof they have beene ever most carefull constant defenders and abetters for whom also so many Kings and Princes whom the restitution did concerne had interceded and briefly who might bee an ornament and profit to the Empire By this action they should not onely have firmely obliged the Palatines to them and have found them ready and gratefull in the returning of all loving offices and good affection but also prevailed with the most illustrious King of Great Britaine that in testimony of his gratefull minde out of his singular good affection to the Germane Common-weale he would have consented to have entred into covenants with his Imperiall Majestie and the Princes of the Empire as well for the settling of