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A01240 A briefe description of the reasons that make the declaration of the ban made against the King of Bohemia, as being Elector Palatine, dated the 22. of Ianuarie last past, of no value nor worth, and therefore not to be respected 1621 (1621) STC 11353; ESTC S118722 8,057 16

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of Iustice and shall not permit them to be vexed nor pursued by armes violences or inuasions For if in case of lesse consequence a Iudge before Iudgement giuen proceding by actuall force against a party loseth all his credit and is deputed of the authority and power of a Iudge as it is most true what may be said of him that setteth vpon his aduerse party by open force and armes dispossessing him of all his goods and estates and at the end of all his violences and indirect and wicked proceedings pronounceth him guilty and proclaimeth the Imperiall Ban against him And seeing that for the fourth reason in all formalitie of Iustice specially in that which concerneth a publike violence and outrage it is necessarie that the least and meanest pesant or Citizen that is accused ought to be orderly summoned to yeeld a reason of his actions by greater reason it is most necessarie and conuenient that this requisite formality should be obserued towards an Elector of the Empire of so high a house and so great a dignity as the Elector Palatine specially when it concernes his goods his estate his Country his life and his honor and to be short all that which he possesseth in this world For specially to speake of the crime of the infraction and perturbation of the publike peace it appeareth by the lawes of the Empire that before all things the party that is to be accused of such a crime should be summoned and heard in his iustifications and defences that after an exact vnderstanding of the fact iudgement may the better be giuen and knowledge had whether the publike peace and tranquility hath bin violated and broken And to that end that the party may not be condemned and submitted to the most rigorous paines of the Ban at the only request or vnder a false suggestion of the contrary partie which can not be iustified neither by the ordinances of the Imperiall chamber made and concluded in forme of a publike and perpetuall contract betweene the head and the members of the Empire nor also by the capitulation whereunto as the precedent Emperors so also the Emperor at this day bound himselfe by a solemne Oath within expresse and manifest tearmes saith That his Maiestie shall not permit that from henceforth any of the states of the Empire Elector Prince or others shall be put into the Imperiall Ban without cause and without lawfull knowledge of the same but that in such case hee shall obserue the formalities and lawfull proceedings all in conformity of the constitutions and customes of the Empire according to the tenor of the reformed ordinances of the Chamber and Soueraigne Court published touching the same Now although all this is most true manifest yet it hath all bin put out of cōsideration of the tenor of the pretended declaration seeing that without citation without knowledge of the cause without any formalitie they haue gon so farre as in their own proper cause to proceed to a most manifest iniust sentence and to declare an Elector of the Empire to be a criminall who by the golden Bull is qualified to be one of the principall members of the body and a pillar of the Empire whose electorall dignity in the Empire is esteemed to be of no lesse account then the Royall To whom for an accomplishment of all iniquity they deny that which is due to the most wicked and greatest malefactors yea and to the wicked spirits themselues as some men say who are not condemned without their cause be first heard seeing that it is altogether manifest that this pretended sentence against the King of Bohemia was not onely published without any formalitie as it hath many times bin sayd but extorted and procured by the importunate solicitations of the Spanish Ambassador at whose lodging the first counsell was holden as also by treaties made vnder hand and cauteously with the Archbishop of Mayence and others all without the knowledge of the Ellectorall colledge which ought lawfully to assemble demurely to waigh the pernicious consequence of so violent and rigorous a proceeding whereof may ensue the ruine and entire desolation of all the Countrie And although they seeke to colour and excuse this head-strong proceeding which is so much the better knowne that tenne monthes before the pretended sentence they beganne to practise the execution by force of armes in this sort that by vertue of the Emperiall constitutions and edicts in case of a manifest and permanent rebellion there is no neede of any formall Proces against those that are attainted but rather by the tenor of the same it is permitted to proceed actually against those that are culpable by force of armes and yet they cannot shew any such manifestation of the Act which is now in question Seeing that the King of Bohemia did neither by practises force or other meanes intrude himselfe into the Kingdome but entred therein and tooke possession by a most iust Title as beleeuing most assuredly that the Crowne was vacant as appeareth by the manifest protestations and declarations by him published and sent into all the parts of Europe In such manner that the notice required to forme a Processe vpon the constitutions against the perturbators of the publike peace can haue no place in this subiect and if this pretended infraction be so notorious as they sayd why did they not at the first serue their turnes with the reasons and edicts of the Empire which they now alledge Why did they deferre eight moneths and vntill the assembly at Mulhausen whereof there could not a copie be had notwithstanding all the instance that could be vsed therein to frame a Proces in so notorious a crime as they pretend it to be why did they not in an Act holden to be so euident stand to the constitutions published for the execution of the Emperiall Ban why did they not call the iurisdictions to put their helping hands therevnto But why in a crime made so notorious did a great part of the Catholique Romaine states declare themselues Neutrall Why were they prayed and requested as well by the Emperor as by the Arch Duke Albertus of Austria and Marquis Spinola to continue and abide in those tearmes of Neutralitie seeing it is so that in such and the like actions concerning the publike necessitie of the Countrie euery one is bound to contribute something thereunto and without any exemption to aide and succour those that therein are oppressed And how comes it that the Duke of B●uiere with his Armie intimating the Emperiall commission maketh a distinction betweene the Elector Palatine and the states of Bohemia whom hee saith hee would pursue as notorious rebells A crime whereof he dischargeth the Elector Palatine when he saith that touching him the sayd Elector hee stood not in such tearmes And besides all these things this pretended notoriousnes is made voide and disanulled by the diuers deductions and apologies of the sayd edicts of the Realme of Bohemia which are
A Briefe Description of the reasons that make the Declaration of the Ban made against the King of Bohemia as being Elector Palatine Dated the 22. of Ianuarie last past of no value nor worth and therefore not to be respected PRINTED At the Hayf by Arnold Meuris Booke-seller at the Signe of the Bible 1621. A BRIEFE DESRIPTION OF THE REASONS THAT MAKE the declaration of the Ban made against the King of Bohemia as being Elector Palatine Dated the 22. of Ianuarie last past of no value nor worth and therefore not to be respected FIrst in that pretended proces there is found a most great imperfection in the principall foundation and ground thereof That is touching the matter and subiect of the Imperiall iurisdiction for that neither Diuine naturall nor ciuill Law doth permit the Emperour to be Iudge in his owne cause or that hee can in the present difference now made wherein there is a question touching a pretended vsurpation of the Crowne of Bohemia and of the interest of the house of Austria ground the afore-said Declaration vpon a breach of publike peace and consequently in the pursute of his particular interest to serue his turne against his aduerse party with most rigorous penalties of the constitutions of the said Peace which consist in the losse of all his Goods Countries honours namely his life For although men wil not dispute nor striue with the Emperor touching the power that he hath by vertue of the constitutions aforesaid of the Empire against the breakers of the publike peace which according to the opinion of ciuil Lawyers a Iudge may iudge of and make Decrees concerning his Office and iudiciall authority as also touching the conseruation thereof yet it is most certaine and euident as well by the Iudgements of all Ciuill Lawyers as by naturall equitie that the maxime aforesaid is graunted onely in cases wherein there is no question made of an interest profit and great aduantage of the Iudge and when the Act in it selfe is most manifest and without any doubt or difficulty whatsoeuer Otherwise and for want of such circumstances it is most dangerous that one selfe same person should be Iudge and party or that the Iudge and the party should sit both in one seate for it shall be shewed and most euidently declared hereafter that in this pretended Declaration there is no respect had vnto the said common doctrine of the Law nor to naturall equity Besides that the golden Bull as a fundamentall law of the Empire in expresse termes most plainely absolueth this question That is whether the Emperour may or can be Iudge in that which concernes his particular affaires or those of his house saying That an Emperour as King of Romanes in causes and matters that are alledged against him is bound by an auncient custome to appeare and answere before the Elector Palatine as not being permitted to be Iudge in his owne cause Which words so cleare and so expresse should be vnprofitable and of no effect if an Emperor of Rome could be both Iudge and party And such an absolute power of the Emperour was neuer at any time heard of nor knowne among nor vnto the true good Almaines or Germaines as being directly contrary to their liberties and it will be found namely in the time of Frederick the third in the controuersies betweene Duke Albert and his brother as also in the differences of Habsburg yea and by some examples in the house of Austria it selfe that ordinance of the golden Bull and fundamentall constitution of the Empire was confirmed by a consequent obseruation Considering that the precedent Emperours of most worthy memory did alwayes submit themselues to the ordinary course of Law at all times when any question was to be decided touching their particular patrimoniall goods and possessions So farre off were they from suffering themselues to bee caried away to such a passion and rigour in their owne interests and aduantages as in this case which at this time is in question Such kinde of violence being not exercised in an other mans cause of much greater consequence which concerned the losse of diuers Prouinces and notable Townes withdrawne from the obedience of the Empire the forces and reuenewes whereof are weakened and diminished more then the halfe Further and secondly it cannot be denied That the case in question doth not particularly touch nor concerne neither in the first and highest degree the Emperor his house and yet notwithstanding the pretended Declaration hath beene decreed and concluded by his Counsellours and seruants who by a most strict Oath whereof there is no release in this point are bound to procure the good of their Master And for that the said Counsellours and seruants from the beginning of the troubles of Bohemia haue sufficiently shewed that their intents and preiudicate Iudgements proceede from a hatred and a most extraordinary animosetie not only against the reformed Religion and those that generally make profession thereof but also against the person of the King of Bohemia and the Elector Palatine particularly In this that in all and in euery place they haue sought to condemne him before they heard him speake for himselfe or once receiued his Iustifications It is easily to be iudged that this pretended Ban the Declaration whereof was consulted of drawne and published by the wills and consents of the Emperiall seruants aforesaid had no reason nor any ground of impartiall Iustice and that consequently all the Proces is of no force nor value passion and animosetie as it is said hauing therein had all the gouernment direction treading Iustice vnder foot And thirdly in this point it is to be noted well waighed what men may iudge esteeme of all the points of this processe which without all reason and nature it selfe was begun and intimated by the execution In this that Marquis Spinola vnder the pretence of an Imperiall Commission with his Armie raised and payed by the King of Spaine did by manner of hostility inuade the Electorall Palatinate before the said pretended Declaration of the Ban was published Wherein there was no manner of respect had of any of the States and Countries that were neutrall and therefore wholy innocent as it appeareth manifestly by the ruine and intire desolation of that so flourishing a Country which iustly might be compared with the best parts of Germanie which is directly contrary to the Emperiall capitulation by vertue whereof no Emperour is permitted to vse any such violence but by a most singular wisedome and fore-sight it was referred to the lawes and fashions of the Warres vsed amongst the auncient Germanes and reduced to certaine termes in such affaires of the members of the Empire in these words That the Empire shall not forcibly assaile the Electors Princes and other States of the Empire but hauing any question or controuersie against any of them to shun and auoid all violence troubles and commotions hee shall cause the same to be descided by way