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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A12952	A bevvayling of the peace of Germany. Or, A discourse touching the Peace of Prague, no lesse unhappily than unjustly concluded at Prague in Bohemia, the 30. of May, 1635 Wherein the subtilties and practises of the Austrians, the weakenesse of the Saxons, the dangers of the protestants, and the justnesse of the warre, deservedly set on foot by the French and Swedes, are most evidently declared. Written in Latine by Iustus Asterius, otherwise Stella, a Germane, now one of the advocates in the Court of Parliament of Paris, and historiographer to the French King. Faithfully translated out of the Latine copie. Whereunto is prefixed a briefe summarie of the treaty of peace concluded at Prague, as aforesaid, &c. Published by authority.; Deploratio pacis Germanicæ. English	Stella, Johannes.	1637 (1637)	STC 23245; ESTC S117796	60,029	180

the Prince Palatine Fredericke the Fifth without desert unto the Bavarian who can pretend no right at all unto it In the one Charles the Fourth having formerly obtained the consent of all the Electors did in the publike Assembly of the Empire restore unto the Prince Palatine the Suffrage of Election even Lodovike the Roman Marquesse of Brandenburgh assenting thereunto To whom it most properly belonged to perpetuate so great an honour to his Family In the other Ferdinand the Second upon the league made at Munchen for sending of aide against the Bohemians sold the Palatinate to the Bavarian before the Prince Palatine had set a foot in Bohemia and against the publike exceptions oppositions and appeales of all the Protestants thrust Maximilian into it by force Lastly in the one Lodovike surnamed the Roman sonne to the Emperour Lodovike the Fourth having received the Electorate of Brandenburgh in the yeare 1352. year 1352 upon the resignation of his brother Lodovike the first did by a solemne renunciation yield up the right of the Palatine Electorate to his Cosin Germane In the other the Elector Palatine did neither in his owne name nor in the name of his Brother or Kinsfolkes ever renounce his so lawfull right but rather chose to undergoe all extremities and even a ten yeares banishment then he would suffer himselfe to be so unjustly deprived of so illustrious a dignitie For as for that which by the Trans-action of Prague is offered to the Princes Palatine that if laying aside the right of the Electorate they will come like humble suppliants and begge pardon of the Emperour lands and revenues competent for their family and descent should bee assigned unto them it is much like to the pleasant devise of the Triumvirie in Rome wherein this favour was granted unto him Dion Cassius Histor lib. 47. p. 336 that should willingly yield up the possession of his whole estate that he might afterwards be repossessed of a third part of it And that was saith the Historian to receive just nothing at all and besides to loose all their labour and travaile For they who were stripped by open violence of the whole two parts of their estate how should they receive a third part backe againe especially when their estates were sold to the souldiers at so cheape rates Besides this Injurie done to the Prince Palatine threatneth the like to the rest of the Princes and the exclusion of the chiefe of the Princes draweth with it the ruine of the inferiour States For if the Austrians being conquerours bee not ashamed to deale so shamefully with the Head of the Electors what can wee hope will become of the rest of the members of the Empire who neither in power nor dignitie nor amitie of strangers are to be compared with him Certainely whosoever of the Protestants shall apply themselves to their partie they will according to the example of the Duke of Saxony be bereaved of their strēgth their fortresses and their owne troupes and being by that meanes made naked feeble and disarmed shall onely beare the empty name of the Austrian Commissaries And whosoever shall refuse presently to yield his necke to the yoake which heretofore the Germans have bin unacquainted with and shall not with closed eies accept of any Articles whatsoever they shall forthwith after the examples of the Dukes of Wirtembergh be proscribed as enemies of the Empire and guilty of treason against his Imperiall Majestie and be stripped of all their Patrimonies The Imperiall Cities which were anciently free after the example of Donawert Ratisbone and Auspurgh shall bee delivered up to their Allies for the expences of the Warre and under the name of being morgaged shall bee inslaved in perpetuall servitude to usurping Lords But for Germany enough and perhaps more then was fit hath beene said of it I would to God there had not been more and more odious things done then hath beene said and that worse mischiefes were not to be feared then are to bee related CHAP. IIII. The fourth Nullitie on the part of the Swedes IT remaineth now that wee should in a few words declare the Injuries done to Princes and forreigne Kings by this Conspiracie of Prague And first of all it was no small thing strange that our Triumvirs have so shamefully excluded and rejected from the benefit of the Common Treaty the Princes and States of Germany whose strengths and territories they had already swallowed in their most greedy hopes But this seemeth unto all men very absurd that the same men having neglected and prostrated the right of Majestie have remooved out of the Councell of publike like pacification so many Kings and Kingdomes having no dependance upon the sacred Empire whom it principally concerned that tranquilitie should bee restored to Europe and libertie to Germany and have as it were with the power of a Dictator denounced a most deadly Warre against all those that should oppose their Triumvirate For to say nothing of those renowned Princes the King of Great Britaine whose Sisters Children after so many windie and dilatory promises are so cruelly kept out of their possessions and Hereditary rights The King of Denmarke from whose son without hearing or understanding his cause the Archbishoprick of Bremen with the Suffragane Bishoprickes were taken away in so judiciall a manner The united and Confederate States of the Low-Countries against whom under the title of restoring the Germane libertie armes joyned in conspiracie with the Spaniard are taken up That is against all manner of reason and deserves not so much as any shew of excuse that the King and Kingdomes of France and Sweden being engaged in Common armes and united in a joynt Warre with the Chiefe of the Protestants are so disgracefully proscribed against the law of Nations and are commanded like slaves and vassals to obey the Commands of the Spaniards and if they doe otherwise they are not to be rowted forsooth but to be swallowed up quite withan armie of 80. Regiments As if they were not able to obtaine their common peace as a reward of their owne valour but onely as the gift of anothers power or that they ought rather to begge their publike safety as of the good will and pleasure of their enemies then by conquering Armies to wring it from them being brought upon their knees or as if they were ignorant that the friendships of enemies are false hearted and that peace voluntarily offered is more deceitfull then rest purchased by strong hand For what can be more unjust or more sencelesse then for forreigne Kingdomes over which neither the Emperor nor the Empire have any command to accept at the pleasure of the Austrians and Saxons a disgracefull dishonourable and uncomely Peace and no lesse calamitous 1. Because the Swedes making Warre in their owne name ought to make an agreement in their owne right 1626. then ignominious to themselves and their Allies Especially when as the most renowned King of Sweden had in his

lesse Honour should be gained to that Emperour who with the sweet Bond of Peace should reduce to unitie his Countrey exhausted with slaughters and butcherie his peoples enraged and made furious with the injuries of former times and like Savages exercising their Cruelties upon their owne Bowels then there was Divinitie ascribed to him who first joyned together in one Body so many Nations no lesse different in manners and disposition then in situation of Climates and by communion of Lawes and Customes made them the most flourishing Common-wealth of Europe But lamentable experience proclaimes that by that agreement or transaction of Prague hatreds were not mitigated but inflamed Armes not layd downe but doubled proscription and confiscations not diminished but extended beyond all Law and right For after that in the very frontispice of the businesse forraine Princes were at the first excluded in the progresse thereof most of the Castles Cities and Countreyes of Germanie were divided amongst the great men the rest that were weaker in strength not in cause being proscribed were stripped out of their Hereditarie Iurisdictions the spoiles of the Provinces the bootie and pillage of the banished and the goods of the slaughtered were distributed to such as did applaud the action Next after that for the confirming and maintaining of these Vsurpations and Armie of do Regiments was imposed upon Germanie and as if the Lawes and Courts of Iustice did abhorre this Pacification the Businesses of the Imperiall Chamber and holy Consistorie were left altogether undecided No comfort or ease at all appeared from this Peace nor the last fruit of a publike Tranquillitie but in stead thereof an unappeasable Warre is denounced against all that had or should dare to complaine of the injuries offered or so much as to whisper of the unjustnesse of this Conspiracie Nothing was here done that was fit to be done in a lawfull Peace the former Contributions of the States the pilling and spoiling of the Countreyes the burthens and oppressions of the subjects were not taken away nor so much as mitigated but excessively encreased established by publike Edict and of Souldiers payes that were extraordinarie and without order were made ordinarie taxations Barbarous Nations were not carried away nor cast out of the Empire but made to overflow it like a deluge and let in by multitudes at the gates set wide open And I need not stick to say that Cities were emptied of their Citizens the very Deserts filled with fugitives the goods of men and Cities of a knowne and well-approved innocencie confiscated their persons degraded and their lives rated at high summes of money So that it is more cleare then the Noone-day that in this foresaid transaction it was not so much laboured to relieve the sinking fortunes of the Countrey as it was by all meanes endevoured that the remaining States of the Empire should be deluded with the name of a Peace that the remaining strength of the Protestants should succour then afflicted condition of the Austrians that the common Armes should with their whole power be turned against Rebels as they call them and Strangers and so in stead of concord to have discord in stead of truth trecherie and in stead of a iust Warre a most wicked and detestable one to be undertaken and that so much of Germanie as was alive or had a being left after eighteene yeares troubles should be quite brought to ruine by a foure moneths pacification indeed the fates of the House of Austria growing now towards a declination fortune could bring to passe no greater thing for them then the discord of their enemies Nothing could happen more acceptable to the Eagles a good while since beginning to stoope then to be enabled to breake those in pieces being separated whom they stood in feare of being united and now to beguile with the pretext of a deceitfull peace those whom hitherto they could not conquer with force● Armes And it was an act of no small merit with one dash of a Pen to disband such huge Armies to dissolve so many Leagues made with Protestants and so solemnly sworne to turne the mightiest Enemie they had into friends in stead of adversaries to get assistants to cause the Germane Faith to be traduced amongst forraine Nations and esteemed perfidiousnesse and in a word to bring matters to that passe that whilest they should singly fight they should be singly vanquished and that those who were mightier then others should enjoy no other privilege but that of Ulysses to be the first to be saved for a time and the last to be devoured in the end The most illustrious Duke of Saxonie was taken in to have a part in this Treatie as one though superiour in strength yet inferiour in honourable atchievements who whether through some kinde of emulation or rather envie of the Swedish Victories I know not when he saw he could not attaine an equall share of honour with them chose rather to be an Enemie and an Vndoer then a fellow-sharer and a Debtor to those that were his defenders And by this meanes this League was tempered with so much the more disadvantage to him in regard that howsoever things fell out he was sure that by helping and assisting others he should derive the whole weight of the Germane Warre upon himselfe and his subjects Certainely nothing could happen more satisfactorie to the Emperours desires then to withdraw that massie burthen of Warre under which his Countreyes did long since even gaspe and groane and to lay the greatest part thereof upon the shoulders of the principall Elector making this undoubted inference to himselfe that whether he were conquered or did conquer he should both wayes triumph over his Enemies So the Pacification long laboured for being at the last obtained to the end that he might oblige all the particular Princes by private benefites and by participation of spoiles turne Enemies into friends he bestowed upon the Elector of Saxonie besides the Revenues of the Church usurped by him for the space of above an hundred yeeres the Marquisat of Lusatia and upon his sonne the Archbishoprick of Magdeburgh upon the Duke of Bavaria the Prince Palatines Electorship and the Citie of Donawerth upon the Prince of Brandeburgh the reversion of the Inheritance of Pomeranie and upon the Prince of Lunenburgh that of the Duchie of Brunswick and hath granted unto the Dukes of Mechelburgh peaceable possession of their Countrey which they had formerly obtained by the Swedish power He hath taken unto himselfe the hereditarie right to the Kingdome of Bohemia and the Provinces united to it Silesia Moravia c. as also the Supreme Authoritie in judging Controversies of matters Spirituall and Temporall and the particular Dominion of Philipsbourgh He hath retained in his hands for the King of Hungarie the absolute command over all the Armies of Germanie and for his younger sonne the Bishoprick of Halberstad And for the other Princes as they seemed inferiour though not in right yet in

owne name denounced Warre against the Austrians for particular injuries done to himselfe and set it on foot the Saxon at the first labouring against it For indeede when as in the yeare 1626. that great Gustavus set forward with his Armie in Prussia against the Polonians the Austrians being never so much as provoked sent forth the Duke of Halsatia with the Imperiall forces and badges against the Swedes And in the yeare 1629. year 1629 besieging Stralesand contrary to their faith and promise given they shut up the commerce of the Baltike Sea and cast the Dukes of Meckleburgh out of their Hereditary Estates being proscribed and their cause never heard That glorious King being justly instigated by such notorious Injuries did endeavour to recover the safety of himselfe and his friends by Armes year 1630 which hee could not obtaine by a friendly Treaty and transporting his Armie into Germany did in his owne name and under his owne conduct make warre upon the Emperour and intimated the causes of this revenge being as necessary as lawfull unto the Colledge of Electors But having over-runne many places with conquering armes hee did in his owne particular name and in the right of his owne Majestie make divers accords with the Emperour Electors and Commanders of his enemies Armies and shortly after joyning the Protestants to him year 1631 after the Victory of Leipsich hee either made or attempted to make publique Confederacies Not with the Emperour and Leaguers alone but also with the Principall States and Circles of the Empire the Saxon not onely conniving thereunto but also granting to that most prudent King full authoritie and power to make peace Therefore with what Iustice can hee at this day exclude the Swedes from having their part in the Common Treatie who doe still prosecute the same Injures and those that be more grievous ones then they with a warre no way mittigated but rather more incensed With what conscience can hee envie the according of a publique Peace to them who have undertaken a Warre upon private and particular causes and at their owne particular charge Why doth hee forbid those to negotiate for the remedies of their mischiefes whom it chiefely concerneth to have those mischiefes remooved The quiet peace and libertie of all are indivisible as their warre and injuries were neither can any better endeavour the reparation of their lost tranquillitie then they that labour to purchase peace with the hazard of their owne lives Now if this exclusion of the Swedes 2. Because the Duke of Saxony in his owne private respect oweth revenging imprecations to the Sweds doe at the first sight appeare to bee unjust it is made much more unjust by the person of the Saxon. For when the most renowned Gustavus did revenge his private Injuries by a particular War against the Emperour the Duke of Saxony having for another cause stirred up the Protestants to a rebellion he and his being besieged and lost did according to the league made at Torgaw year 1631 entrust all the fortunes of the Protestants to the valour and protection of the Swedes and entred into a societie of Armes and Counsells with them and so being delivered from the present danger of the particular cause of the Swedes he made the common cause of all the Protestants and turned this private warre into a publique defence And though now as a perjured man against his faith given and confirmed by his oath and signature hee doth revolt from his Confederates and labour to purchase the amitie of his Enemies by a Triumvirall conspiracie Yet the Swedes will not therefore presently follow that most wicked example and renounce their right and basely laying downe their Armes desist from revenging their private Injuries Which as before their unhappy Societie entred with him they had valiantly begunne to doe so after his infamous divorce from them they will no lesse happily execute For having amongst them so many domesticall examples of vertue they will not bee imitaters of other Princes in frauds and perjuries but in valour and brave actions as certainely knowing that hitherto perfidious crueltie cowardise and calamitie have bene on the Enemies side and on their side fidelitie assistance of their Confederates valour and therefore also fortune And as becommeth brave spirits they had rather in a good cause die valiantly then flye cowardly Therefore the Duke of Saxony is so farre from being able out of his imaginary plenitude of power as the Protestants Dictator and Austrian Commissarie to command the Swedes to accept of a peace whether they will or not or to make an accord with the Emperour in their name that on the contrary although the Emperour would have granted all their petitions and righted all their Injuries yet notwithstanding they have reason to set on foot a new and more heavie quarrell against the Saxon. And to bring against him a charge of perfidiousnesse perjurie breach of covenant forgetfulnesse of good turnes and violation of the law of Nations Let him therefore first in his owne name make an accord with the Swedes for the Injuries done by himselfe and afterwards by the Emperours Commission he shall decide the Controversies of the Empire Let the perfidious man purge himselfe and let him first excuse his owne crimes before hee defend other mens 3. Because the Swedes cannot basely forsake their leagues and their troupes See the Acts and Treaties betwixt the Sweeds and Saxons conceived in the yeare 1635. n. 17. 19. and 28. Neither is this of lesse importance to bee considered that the Swedes after they had once undertaken to defend the Cause of the Protestants and the Libertie of Germany they made reciprocall leagues with many Princes and States of the Empire for the defence of the publique Weale As with them of Stralesund the fifteenth of Iuly 1628. With the Duke of Pomerane the tenth of Iuly 1630. With the Elector of Brandenburgh the first of September 1631. With the foure higher Circles in the Assembly of Frankford in the yeare 1633. And with the States of the Lower Saxony in the Convention at Halberstadt And so having called in most parts of Europe to the defence of their libertie they gathered together most puissant Armies out of many Nations and having by their valour put their enemies to the sword at their owne great charge and greater toyle they tooke many Cities of Germany and much Munition and defended them with the inestimable losse of their King And therefore they cannot with the safety of their honour and reputation cowardly abandon places valiantly gotten unlesse they restore all things unto their entire condition nor frivolously disband an Armie no lesse famous then noble without giving them their meanes For it would bee wonderfully ridiculous that they should have gotten so many most strong Forts with huge expences and dangers to this end that they should presently after restore them againe at the pleasure of their Enemies and that they should have bound so many most choice noble

of the Nobles of the Kingdome of Lorraine and compelled them to doe homage unto the Emperours sonne but under the protection and Signorie of the French King Now if in the succeeding times the Dukes of Lorraine being situate in the confines of both these great Princes and through the changeable condition of their fortune wavering betwixt both have beene faithfull to neither but have withdrawne their homage from both Certainely it doth no more belong to the Emperour to mingle the interest of the Empire with the cause of Lorraine then it was fit for the Duke of Lorraine with Clandistine mariage and open armes to disturbe be peace of France and with most injurious calumnies to scandalize the Majestie of the French Empire But I cease to presse and obtrude a defence to a most just cause The Conclusion which having beene often approoved from heaven hath left more ignominie then glory to the enemies of it And from those things that have beene hitherto declared I gather that the onely scope of the Trans-action of Prague was to advance the greatnesse of the House of Austria whether by right or wrong to make the Empire together with the Kingdomes of Bohemia and Hungary hereditary to him and in a word by bringing under the rest of the Kingdomes of Europe to establish every where the Spanish Monarchie And so almost in every article of this conspiracie whosoever are either adverse to the Spaniards or suspected to bee so as the French Swedes and Hollanders are excluded out of the Peace and assaulted with the common armes and whosoever are friends neighbours or Allies unto them are most bountifully rewarded out of the spoiles of the proscribed Indeed to the end that the House of Austria might absolutely rule over Germany the Eelector Palatine the principall Pillar of the Empire should first have beene proscribed whose forces alliances and affection to his Countrey have beene long since adverse to Spanish Counsells Then when the Palatine was stricken downe his Territories and Diginities must bee bestowed upon the Bavarians and Spaniards not only because the Countries of the Bavarian doe lie as a bulwarke unto the Emperours Patrimonie to defend it against the Heretike Princes of upper Germany but also because by this meanes the Austrians will alwaies have voices enow in a readinesse in the Colledge of Electors To conclude to the end that the Emperour might make use of all the strength of Germany at his pleasure an Armie of eighty Regiments to be levied and paied by the Princes themselves is committed to the absolute command of the King of Hungary by which not onely the Dukes and States that bee refractory may be chastised but also that power which is left to the Protestants may bee cut up by the rootes So Germany being subdued and brought under and Lorraine recovered it seemed afterwards an easie matter to invade France to conquer Holland and to bring Britaine under the yoake as being their due long since by a mariage with Spaine as the Emperour confesseth in his Declaration of the causes and benefits of the Peace of Prague set forth at Baden the eighth of Iune 1635. That Peace being on this manner settled his Nephew the King of Spaine will very easily reduce the Hollanders to obedience Therefore it is so farre off that by this Trans-action Peace and publike tranquillity hath beene sought that on the contrary the light of peace being every where put out warre hath beene kindled throughout all Europe and all the Princes whether they would or not have beene entangled in the fatall armes of the House of Austria Miserable is the Peace which is commanded by open force a most dolefull Tranquillitie which troubles al things a most treacherous securitie which every one hath cause to distrust Certainely feare and terrour are weake bonds of love which when they are removed those that cease to feare will beginne to hate It is certaine that a faithfull Peace can be onely there where men are willingly reconciled and that it cannot bee hoped to be of any long continuance in that place where servitude is aimed at Certainely no mortall man will continue longer than needs must in such a condition as is irkesome to him and evermore in an uncertaine quiet though concord doe in shew continue yet the opening and remembring of offences past will still be feared That is a true tranquillitie which all men approve and every one desires by which anger is turned into friendship hatred growes into leagues of amitie and an equalitie being observed among all and the Amnestia extended to all the enemies either by greatnesse of good turnes or forgetting of injuries are turned to friends FINIS