and deserving no ill and delivered them over to be punished at the Emperours absolute will and pleasure and did by his answer given the fifteenth day of Iune year 1635 with cold comfort send away their Deputies and Embassadors craving performance of publike faith to the Emperour to begge his pardon And so having deserved singular well of Silesia he expiated the crime of his owne rebellion with the punishment of his innocent friends and not content to have wasted the most noble Province of Germany with Warre and rapines he exposed the innocent Inhabitants and such as had not beene offendors but by his instigation to the pleasure of their Enemies And for a reward of this his notable service done to the Empire or rather of his egregious treacherie hee hath upper and nether Lusatia bestowed upon him year 1621 which being heretofore against all right and justice hewen away from the roote of Bohemia the Emperour had ingaged unto him by way of morgage for the charge of the Bohemian warre In the collation of which Province the unjustice of both seemeth equall as well of the Emperour in being profuse of another mans estate as of the Saxon in making an unlawfull purchase For to repeate shortly the originall proceedings touching this Province also when as Lusatia in the yeare 1075. year 1075 being bestowed by the Emperour Henry the Fourth upon Vratislaus the first King of the Bohemians together with the Crowne for a reward of his valour was shortly after assigned by Wenceslaus with the one eie in the yeare 1191. year 1191 to Otto of Brandenburgh as a dowrie with his Daughter Beatrice After the death of the Marquesse Walderam who died without issue in the yeare 1312. year 1312 at the request of the Inhabitants it was restored againe by Iohn the First King of Bohemia in the yeare 1319. year 1319 and by the Charter of the Emperour Lewis the Fourth in the yeare 1328. year 1328 was inseparably united to the Crowne Which union Charles the Fourth did afterwards by a publike Edict confirmed in the Dyet of Norimbergh in the yeare 1356. year 1356 to settle and establish that this Province being for ever appropriated indivisibly annexed and inseperably added to Bohemia could never be transferred to a forreigne government without the assent of the States themselves Therefore Wenceslaus the Eighth year 1411 in the yeare 1411. and shortly after his brother Sigismund the Emperour in the yeare 1414. being intreated thereunto by the foure States of the Province did by speciall priviledges and Cautions for ever provide that it should never after by any title be alienated from the Kingdome of Bohemia Which right and priviledge the Inhabitants themselves have beene so carefull to maintaine that when as King Laudislaus Nephew to Sigismund had sold the same for a valuable price to Ferdinand the Second Elector of Brandenburgh when hee was dead George his successor being mooved with the mony and suite of the Subjects did in the yeare 1470. year 1470 restore it to the Kingdome this being established as an Inviolable law that it should never after by any pretext whatsoever be alienated from the very bowells of the Kingdome And yet in our age Ferdinand the Second year 1620 that after he had taken away the generall harmonie and Concord of the Kingdome of Bohemia together with their rights when hee had cut the sinewes of the body hee tore in pieces the feeble members he purchased the oppression of the Lawes and Immunities of the whole Kingdome by the dissipation of the Provinces anciently united to it And as one not so much liberall of another mans estate as prodigall of that which was none of his owne he sold a portion of the Elective Kingdome that hee might make the whole Hereditary to him and his But to come to that which is the chiefe point of the whole businesse 6. The Electorall dignity unjustly conferred upon the Bavarian At this conspiracie of Prague the chiefe of the secular Elector-Princes and the Prime member of the Empire next unto the Emperour being not so much as called unheard unconvicted is stripped out of his Hereditary rights and his Territories and Dignities are distributed to the Bavarians and Spaniard for the service they had done to the Emperour against him and that expressely contrary to the fundamentall lawes of the golden Bull Chap. 3. and against the Emperours owne Capitulation in the 36. Article which ordaines That the principall member of the Empire and the bases and pillars thereof the Electors and especially the seculars should remaine unshaken Neither is there any other colour given for that unheard of proscription then the unhappinesse of the Bohemian Warre In which when the Prince Elector Fredericke the Fifth had engaged himselfe as in a particular quarell betwixt the States of Bohemia and their King Ferdinand the Second Ferdinand in the meane time his good fortune favouring him being advanced to the Empire out of a private cause devised a publike crime and so farre traduced all the actions of the Prince Palatine undertaken against him as King of Bohemia as to bring them within compasse of treason against his Imperiall Majestie when as hee had committed no offence at all neither against the Empire nor Emperour nay on the contrary in the Assembly of Frankford year 1620 had assisted Ferdinand the Second with his voyce and did desire that the Controversie touching the Scepter of Bohemia might bee decided by an ordinary tryall all hostility laid aside Neverthelesse Ferdinand being growne the stronger not in right but in power and having overthrowne the Bohemians at the White Hill commonly called Weissemberge did not onely proscribe the Prince Palatine unheard and his cause never understood but also having divided the Palatinate betwixt the Bavarians and Spaniards did upon his owne private pleasure the States of the Empire being never consulted with grant unto Maximilian Duke of Bavaria the Electorall Dignitie which hee had promised unto him upon a league made betwixt them at Munchen long before the Bohemian troubles and onely through private and domesticall hatred 1619. Henricus Stero Altahensis in Annalibus A. 300. Aventinus lib. 7. Annal. Boior p. 587. deprived him of all his rights and Territories unto whom of ancient right it belonged to take cognisance of causes mooved to the King or Emperour of the Romans As if the Austrian Emperour could by any right transferre the most noble Fees and Seignories of the Empire according to his owne private fancie and bestow them upon such as have deserved well of the House of Austria meerely at his owne pleasure who as it appeareth by the 28. Article of the golden Bull cannot dispose so much as of a County or any other estate or fortune being devolved to the Empire without the consent of the States of the Empire The Electorships Dutchies and Counties be Fees of the Empire not of the Emperour but as hee is the Head Minister and Vicar of the Empire and therefore he
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
the good of the State and of Religion that the cause thereof is not to bee imputed to him and his Confederates but to the most Christian King Who though hee bee commonly stiled the eldest sonne of the Church yet hee was not onely not ashamed in the beginning of this Warre to sue for the assistance of Heretikes to call in the King of Sweden a stranger to aide him to make a solemne League with him to feede and re-enforce both their strengths being joyned together and of his owne proper motion without any cause and contrarie to his promise given to invade the Provinces of the Empire but doth still daily endeavour to stirre up the Princes and States against him being pulled away from the Emperour Yea more after that by the Victory of Nordingen very many were added to his party hee with armes in his hand tooke possession of the Cities which were brought under his Command cast the garrisons of the Catholikes out of them restored those of the Heretikes and as much as in him lyeth doth endevour to stoppe the progresse of peace and Catholike Religion in the Empire Insomuch that he tooke the boldnesse to promise the Duke of Saxony if hee would range himselfe on his side hee would not onely procure him the better conditions of peace but that hee would labour with tooth and naile that the Heresie of the Lutherans with the rest of the Sects might bee publikely established in the Kingdome of Bohemia and the Provinces united to it Good God what a thing is this the most Christian King who when the rest turned their backes did by his intercession alone made to the Swedes preserve the Catholike faith in most of the Provinces of Germany did hee with the utmost of his strength stop the progresse and increase thereof Hee that delivered divers Bishops out of the fires of their enemies did hee adde flame to the Warre against the Catholikes He that stripped the Heretikes of France out of all their strength and laid them on their backes was it his care to raise up the Sectaries of Bohemia to their ancient power These are frivolous devices of his adversaries who when they cannot cloake their invasions by a title of civill right they betake themselves to the counterfeit vizard of oppressed Religion and as if the warre were made in Germany for the destruction of Religion not of Tyranny they traduce all those that stand for the libertie of the Empire as Heretikes or at the least favourers of Heretikes 2. Because the Protection of the Princes and States of the Empire cannot bee charged to be the French Kings fault The true and principall cause of this quarrell and indignation is that the most Christian King when things were in regard of any other helpe in a desperate condition hee received the Archbishop of Triers being oppressed by the Spaniards into his patronage and protection but when hee had cast the Spaniards out of the Citie and Territorie of Triers he restored the Prince freely to his rights and dignitie year 1632 That then having joyned his armes with the Swedes he delivered divers other States of the Empire as namely the Palatines the Alsatians and the Westrasians from the pillings and pollings of the Austrians and the Lorraines That hee did by no new nor unheard of example but such a one as was laid downe before him and delivered to him from his Ancestors set limits to the ambition of his enemies and stoutly defended the Germane libertie The protection of people in distresse the raysing up of the afflicted and the restoring of them that are cast out is naturall to Kings and doth not belong unto them so much by the right of their Scepter as by the law of humanitie It is the duty of a good Magistrate to governe his subjects and to protect his Allies neither is there any greater instrument or testimony of good governement then when neighbours are preserved from the hands of their enemies And if by common right it be a fit thing for all Kings to succour those that be afflicted yet none did ever more justly and happily practise it then the most glorious Monarches of the French who for this last age and more to lay aside those things which are more ancient and more forreigne have sent frequent aides unto the Catholike and Protestant States of the Empire against the Invasions of the Spaniards year 1534 So Francis I. in the yeare 1534. joyning his armes with Philip Landgrave of Hassia restored Vlricus Duke of Wittembergh after 15. yeares banishment being cast out by those of Swawben through the faithlesse dealings of the Austrians to all the rights and Territories which Ferdinand I. had formerly possessed under the name of an Imperiall Fee So Henry II. making a League with the Protestants in the yeare 1552. year 1552 brought home Iohn Frederike Elector of Saxony and Philip the Landgrave of Hassia being like slaves shut up in prison by Charles V. for above 5. yeares together contrary to his faith and promise and restored them to their former libertie So in the yeare 1620. year 1620 when by the Vnion of the Protestants and troubles of Bohemia the affaires of the Catholikes were brought into great streights and the Emperour himselfe being then in a manner besieged in Vienna ranne a hazard not onely to lose the Kingdomes of Bohemia and Hungary but even his owne Hereditary Provinces Lewis XIII being as well moved with the zeale of preserving the Catholike Religion as with the often iterated intreaties of the Austrians sending Embassadours to the Assembly at Vlme dispersed the forces and Councels of all the united Princes procured a truce betwixt both Armies perswaded the Prince of the Transilvanians to peace and so giving the Emperour liberty to breath delivered the House of Austria from most certaine ruine Now if the Emperour abusing so many favours done him doe turne his victories obtained against the Heretikes and Rebels into a slaughter of innocents and oppression of his neighbours and doe trans-ferre the fortunes of the Empire to the private benefit of his owne Family no man ought to thinke it strange if the most Christian King hauing beene the authour of all those Victories doe endeavour to moderate his enormous usurpations and to reduce them to the equalitie of the ancient right especially since he well knowes what difference there is betwixt the Common-wealth and Religion and will not so advance the rights of the Empire or of the Allies thereof that he will depresse or hinder the cause 3. The most illustrious Elector of Trevers or Trier did justly and seasonably obtaine the protection of the French M. M. Author 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pro Domo Austriaca Bruxellis editi 1635. Richard Wasserburgh in Antiquit. Galliae Belgicae lib. 1. p. 12. lib. 7. p. 102. 943. or exercise of the Catholike Religion And whereas that Bundler of calumnies that Pamphleter of Brussels doth traduce this protection of the neighbour Princes
have beene raysed His Electorall Highnesse of Saxonie did very stiffely insist upon it to have it fully setled and accommodated as well in point of the Electorall Dignitie as for that which concerneth his Countreyes But for as much as it is notoriously knowne and the most laudable College of Electors judged it to be so at Mulbausen in the yeere 1627 that the proscribed Palatine Frederick hath beene the Author and Promoter of all the Mischiefes happened in Bohemia an Hereditarie Kingdome of his Imperiall Majestie and immediately after in the Empire and that his Imperiall Majestie together with his most honourable House findes himselfe to be in debt for this occasion many Millions and to have sustained divers other great Damages and namely that he hath beene constrained to leave some part of his Hereditarie Countreyes in arreare to furnish the expences of the Warre His Majestie would by no meanes depart from his resolution although his Electorall Highnesse of Saxonie did seriously bestow his labour therein And therefore that remained firme and setled which his Imperiall Majestie had ordained and determined touching the said Electorall Dignitie and his Countreyes as well on the behalfe of his Electorall Highnesse of Bavaria and the Line of the late Duke William his Father as otherwise and also touching the estates of some of the Palatines Servants Yet neverthelesse the Widow of the late Elector Frederick the fourth Count Palatine of Rhine shall have her Iointure allowed her so farre forth as she can make appeare what belongeth to her Also the entertainment of a Prince shall be ordered to be allowed to the Children of the proscribed Palatine if they will duely humble themselves towards his Imperiall Majestie And all this to be done of his Imperiall grace not as any thing of due Below HIS Imperiall Majestie doth expressely exclude and cut off from this Amnestia the Affaires and Differences of Bohemia and of the Palatinate And because for the appeasing and quieting of them his Imperiall Majestie hath brought himselfe and his House into great and heavie Expences and that he hath as hath beene formerly said beene constrained to leave in Arreare some part of his Hereditarie Countreyes of the profits whereof he remaineth yet frustrate and unsatisfied his Majestie hath reserved unto himselfe the seeking of restitution of the Charges expended by him and the reparation of the Damages sustained by him from them who have beene the causers thereof and from their assistants and promoters and especially from as many of them as can be found that have not yet by other Accords accommodated and reconciled themselves to his said Imperiall Majestie The Translation of the Authors Epistle Dedicatorie to the French King TO LOVYS XIII THE MOST CHRISTIAN KING OF FRANCE AND NAVARRE I. A. D. wisheth Victorie and eternall felicitie SIR I Present unto your Majestie a defence of the common Quarrell and Libertie which the whole World expecteth and waiteth for from the happie successe of your designes Her Cause can more justly be consecrated to none because it can more powerfully be defended by none This Controversie touching a matter of singular excellencie is publike and therefore ought not to be agitated but before them upon whom the publike safetie relyeth The securitie of the Christian World is invaded and therefore assistance is to be craved from Him alone who onely can when he will and will when he can restore peace and tranquillitie to the World The ambition of the Enemies is insatiable whilest it is preparing a Warre for Europe it published a counterfeit Peace to the Germans To the end that it may openly deceive it doth secretly make an agreement that it may more safely beguile men unarmed it doth in name onely banish Warre out of the Empire This fraudulent agreement hath beene rejected by the valour of the Swedes repelled by the fortitude of the French and despised by the constancie of the Protestants For this cause they are proscribed as Enemies of the common peace and disturbers of the publike quiet and although they doe with force of Armes endevour the common Concord yet being left desolate and innocent they beare the blame of the continued Warre By this Worke we answere that Calumnie and turning backe the points of the Darts upon our Adversaries we shew that they onely are the Confederate Enemies of Peace who carrying ordinarily in their mouthes the name of Quiet doe meditate in their hearts perpetuall Warres and Discords and masking their Tyrannie with the name of Libertie their Invasion with Pietie and their Conspiracies with publike Securitie with a counterfeit shew and specious colour doe attribute most honest names unto most dis-honest actions and most dis-honest actions unto most honest names As if your Majestie and yours did of your owne accord take Armes against them and not by compulsion repell Armes voluntarily taken against you and your Confederates or as if they did ever offer any Peace unto you but an unjust one or you ever refused any just one or as if they can hope for any firme tranquillitie as long as they retaine to themselves those estates of other mens which they have and lay claime to those they have not But men who have no colour of title to possesse things belonging to strangers have need to betake themselves to fallacies of words thereby to deceive those that will beleeve them as well by words as by deeds You SIR who have Iustice for your Companion in all your doings need no cases or out-sides of words but you doe expresse in words the sinceritie which you practise in your life For you keeping a Watch over the publike tranquillitie and not over your owne private benefit doe so defend that which is your owne that you covet not that which is another mans you doe so protect your friends that you doe not oppresse them as your enemies and though your selfe doe injurie to none yet you revenge the injurie done to your Confederates and doe advance the bounds of your Empire rather by the glory of your brave actions then by the extending of your Territories Whereupon it falleth out that as there can be no comparison of peoples or parallell of strength betwixt your subjects and friends and your enemies so there is also a vast dissimilitude of causes They professing a horrible ambition of ruling over all out of the private and greedie desire of Soveraigntie doe pick a quarrell against the Church and doe raise the Armes of the Empire unprovoked in a most violent manner against those that would oppose them they doe compell the people by enticing and drawing them on with specious shewes and names of things to serve their ambition and endevour to bring all Germanie under their yoke meerly through necessitie of despaire having beene for many yeeres past pittifully oppressed with a most grievous Warre and exhausted of all her strength and wealth Your Majestie being content with the Territories of your fore-fathers and your owne triumphs doth never take Armes but
against your will never lay them downe but willingly and having used them onely for the defence of your subjects your friends and common right doth maintaine the libertie of all the securitie of every one and the safetie of Europe with no lesse clairitie then you go â—â—â—ne them with equitie Whereupon it commeth to passe that whereas the captivitie of the Empire seemeth to be greedily gaped after by them recoverie of libertie is endevoured and effected by you the World is troubled by them pacified by you and Germanie oppressed by them is relieved and restored by you And let all things be so subject to the Lawes of Heaven that Iustice Vertue and Felicitie fighting on your side and Trecherie Cowardise and Calamitie taking part with your Enemies Providence may confesse that she oweth Victorie to the one and Vengeance to the other Therefore Most Christian King be pleased to entertaine this Opening and Pleading of the Publike Cause and to take knowledge of the Innocencie of this continued Warre presented to you in writing as you doe defend and countenance it in action Let your Majesties protection be open to the defence of Libertie who even from your tender age have ever beene a Sanctuarie to the banished a Refuge to your Confederates a safegard to the afflicted and a most certaine comfort to all people Your friends relying upon this will not feare any Warre from their Enemies and will hope for a Peace from you that shall uphold Law and Iustice Which Peace when you shall have redeemed the Right of common Libertie you will resolve upon having resolved you will give it and having given it you will preserve it for ever A Breviate or short View of the whole WORKE The Treatie of Prague concluded by the Emperour and Duke of Saxonie against the Protestants Swedes and French is proved to be of no validitie void and unjust by five severall Chapters or generall Nullities The first Nullitie on the Emperours part Pag. 1. 1. BEcause a Treatie or determination concerning Church-Lands exceedeth the power of the Emperour p. 6 2. Because it is founded upon the Transaction of Passaw which is of no moment with the Austrians p. 8 3. The Emperours themselves doe confesse that it belongeth not to their power to determine any thing in matter of Religion p. 15 4. 〈…〉 by any 〈…〉 p. 17 5. Because the Treatie of Prague it selfe is very ignominious to the Emperour and to the Catholikes p. 2â— The second Nullitie on the part of the Duke of Saxonie Pag. 25. 1. Because though he account himselfe the chiefe of the Protestants yet by this divorce and separation from them he utterly ruineth both his owne strength and the strength of his Allyes p. 26 2. Because the treating of a common Peace exceedeth the power of the Duke of Saxonie p. 28 3. Because this Transaction of the Duke of Saxonie is hurtfull and deceitfull to the Protestants p. 31 4. It springeth from a fountaine of foule ingratitude and horrible trecherie p. 35 The third Nullitie on the part of the Protestants Pag. 43. 1. Because the Protestants being instigated by the Duke of Saxonie made Warre against the Emperour p. 43 2. Because they are enforced to consent not to a Peace but to a new Warre p. 48 3. The Kingdome of Bohemia is unjustly made Hereditarie to the House of Austria p. 55 4. Silesia being innocent is stripped of her rights p. 64 5. Lusatia is unjustly dismembred from the Kingdome of Bohemia p. 66 6. The Electorall dignitie of the Palatine is unjustly translated to the Bavarian p. 73 7. The Bavarians anciently had no right to the Electorate p. 84 The fourth Nullitie on the part of the Swedes Pag. 95. 1. Because the Swedes making Warre in their owne name ought also to make the accord in their owne right p. 98 2. Because the Duke of Saxonie in his owne private name oweth revenging imprecations to the Swedes p. 101 3. Because the Swedes cannot basely abandon their Leagues nor their Troupes Nor dare they make any agreement with the Austrians under the faithlesse undertaking of the Saxon. p. 104 The fifth Nullitie on the part of the French Pag. 110. 1. Because the most Christian King by right of protection preserved the Catholike Faith in the Empire p. 111 2. The protection of the Princes and States of the Empire cannot be charged to be the French Kings fault p. 116 3. The most illustrious Elector of Trevers or Trier did justly and seasonably obtaine the protection of the French p. 120 4. Because the Emperour endeavoureth to make the private quarrels of the Spaniards with the French common to the whole Empire p. 124 5. Because the cause of Lorraine doth nothing at all belong to the Emperour p. 127 And therefore the conclusion is that this Triumvirall conspiracie ought to be rejected and a true honest and universall Peace to be fought for and defended with the common Armes Vpon the birth or deliverie of the Transaction of Prague VNgodly Prague which to the World a bloudie Warre hath brought From her false Wombe how ever could a faithfull Peace be sought Or Vngodly Prague hath to the World a bloudie Warre projected From Prague a Plague and no firme Peace could ever be expected THE PREFACE MOst venerable is the name of Peace the plentie it brings is comfortable and the happinesse of it most desirable the possession of it is ever blessed and the granting of it at all times to be laboured for Certainely I cannot imagine any mortall man to be so void of humanitie that he would envie a Rest so necessarie to the Empire so beneficiall to the Countrey as being that without which neither private families nor publike Lawes nor the right of common societie can subsist I cannot suppose any man to be so barbarous and savage that all other circumstances and conditions being alike will preferre a Souldiers Coat before a Gowne Warre before Peace when as in this change and vicissitude of affaires by businesse and labour is begotten ease by troubles rest and by Armes love and concord But where libertie and the safetie of the Common-wealth is pretended and servitude and destruction intended where a most unjust and trecherous Combination is veiled with the glorious name of a Peace where under a pretext of Rest the restlesse Souldier doth ransack and spoile mens habitations and lastly where a deceitfull Condition of Mercie is a Bait to draw on insulting Power every wise man will preferre even a doubtfull Warre before a 〈◊〉 Peace uncertaine safetie before a certaine destruction and an unsworne condition of slaverie before a 〈◊〉 usurped Soveraigntie I confesse that nothing can happen to miserable Germanie either more certaine for her safetie more noble for her glory or more to be wished for the recoverie of her former felicitie then if by consent of the Princes and Pieâ—ie of the Nobles it may be restored to her ancient concord and now almost quite forgotten tranquillitie And that no
have no just title to them have interest in them onely by detaining them and besides and contrary to all right and justice doe enjoy that permission and indulgence granted unto them not without the prejudice and damage of the Catholikes Yea and they hold the exercise of their Heresie onely by priviledge and a speciall or extraordinary kind of right for it is manifest that the confession of Auspurg was received in the Empire by such a speciall and extraordinary right L. Quod verò C. de legibus Ius speciale in consequentiam non trahendum and by favour and indulgence whereas it is rejected every where else Whereupon hee instantly inferreth by way of Corollary That the Lutherans doe without cause complaine that the Catholikes doe call the Confession of Auspurg a meere toleration when as it is certaine that it hath beene divers times condemned in the Empire never approoved but onely tolerated and that no injurie is herein done to the Lutherans who can shew no title or evidence for their possession or detention but onely force and intrusion When as on the contrary side the Catholikes though they bee safe enough by the Prescription of a most ancient possession yet for the more abundant justification of their right they can make their titles and evidences appeare to all Moreover although the Treaty of Passaw were of undoubted authoritie yet by the opinion of the Catholikes the Protestants have very many waies violated that sanction and as much as in them lay have utterly abrogated it In regard that not onely after the publishing of it Anno 1552. and 1555. they did by force and intrusion throwing out the Catholikes take possession of three Archbishopricks fourteene Bishopricks and above three hundred Church-livings and Monasteries amongst which the Dominicans alone are said to have lost above seventie as that Declaration of the Peace of Religion concluded betwixt the Catholikes and Protestant Princes and Nobles of the Empire printed as it seemeth at Munchin 1629. in Quarto particularly sheweth but also by very many new Doctrines brought in touching the Vbiquitie of Christs Body Free-will the Masse or Eucharist they have so altered the Confession of Auspurg set forth in the Booke of Concord 1580. That at this day there are no Protestants found in the world who doe still Adhere to the true Confession of Auspurg as it was presented by their Ancestors to Charles V. Anno 1530. Besides that many Protestants leaving the Doctrine of the Confession of Auspurgh have in very many Articles imbraced the opinions of Calvin and Zvinglius From whence it appeares as cleere as the Noone day that since the Peace of Religion 1552. was onely granted to those that professe the true Confession of Auspurgh and that all the Protestants are in many points departed from it and many of them have declined to the Heresie of Calvin They have by the judgement of the Catholikes long since deprived themselves of all grace and priviledges granted unto them by the Peace of Religion and have made themselves unworthy of any further toleration as the Booke of the Conclusion of Peace prooveth every point at large c. 10. and 11. q. 81. and 82. p. 574. 581. c. Neither indeede did the Austrian Emperours ever deny 3. By the confession of the Emperours themselves that it was out of their power and jurisdiction to determine any thing in matter of Religion against the Decrees of the holy Canons or Councels So without doubt did the Emperour Ferdinand I. confesse expresly at the breaking up of the Assembly of Auspurgh Anno 1559. the 13. year 1559 day of Iune in these words It is beyond the compasse of all Secular power yea even the Supreame Imperiall Majestie it selfe that the possessions of the Church should be translated from lawfull Prelates and devolved unto Lay and Hereticall persons and remaine in their possession So also Rodulph II. When he granted libertie of Religion to the Protestant States of Hungary and Austria in his declaratory Letter of the sixth of August 1606. year 1606 saith That as well those Articles which belong to Religion and the Ecclesiasticall Order as the rest are thus to bee understood so farre forth as they bee not contrary to his Oath given to the States at his Coronation for the defence of the Catholike Religion and extirpation of Heresie And for this cause the Emperour Charles V. published a generall revocation of all those things which hee confessed hee sometimes granted to Heretikes against his conscience dated at Bruxels 19. September year 1555 1555. which was a little after the Peace of Religion granted by Ferdinand I. at Nurenberg and Auspurgh with no other intention but this that at one and the same time hee might willingly by himselfe disanull that liberty which being compelled by his brother he had formerly published Which they doe at this day suppose to bee made the more sacred and solemne because after the publication of the Councell of Trent 1564. year 1564 by the Bull of Pope Pius the fourth which revoked all things that were granted in prejudice of the said Councell All Contracts Agreements and Ordinances in those points wherein they are contrary to the Decrees of the Councell are by Law revoked made voyd and disanulled and reduced to the rules and limits of that Councell and so are judged to be 4. Experience of things past And this is the reason why notwithstanding all cautions assurances and Capitulations whatsoever made to the contrary the Austrians ever have proceeded and still doe in the reformation of Religion and extirpation of Heresie with open force in the Palatinate Bohemia Hungary Austria c. because they believe all such Agreements and Capitulations to bee frustrate and voyd in Law and that they can bee confirmed by no Oath or Contract whatsoever And that we may not depart any further from our intended discourse Ferdinand II. then Arch-Duke of Gratz now Emperor although at his Coronation Anno 1599. year 1599 hee had fully promised to the Nobles of the Confession of Auspurgh and the Subjects of the three Hereditary Provinces of Styria Carinthia and Carniola liberty of conscience Yet presently upon it in the very beginning of his Government by a publike Edict he drave all the Heretikes out of his Dominions and in a solemne resolution given unto the States of those three Provinces at Gratz the last of Aprill 1599. he openly professed That those Heretikes could alledge no priviledge either in holy Scriptures or in any Law of God or man for the Exercise of their Religion And the same Emperour although by the sacred Charter of Rodulph II. year 1609 Anno 1609. sufficient provision was made for the States of the Kingdome of Bohemia to have free Exercise of their Religion of both kinds yet assoone as he tooke upon him the Government of that Kingdome hee demolished divers of the Protestants Churches to the ground and shut up the Inhabitants in prison Whereupon soone after arose
interpreted as so many wicked acts all loving and friendly deeds as so many crimes and the bloud of them was not spared for whom bloud was to be shed Good turnes are requited with sword and haltars it is the honour and Dignitie of the Austrian Commissaries to flye at the throat of their defendors and to set their feete upon the neckes of those they have conquered The armies sent from the Protestants are turned against them and the Saxon Generalls Exhortation is this * The very words within a very little of that sanguinary proscription published by the Duke of of Saxony against the Sweds in the Campe of Schuskenburgh 19. October 1635. Fight against your brethren against your Allies against the Lutherans against those that are governed by the same law and Professors of the same Religion with you Set upon the Churches the Altars and the dwelling houses of your friends with force of armes Imbrue your selves in the bloud of your Kinsfolkes and take away by violence the benefit of their native Countrey from those that bee but halfe right sucke and spoyle them with your troupes Let them who brought life and safety to us bee like banished men excluded from the use of fire and water Let them who purchased our Libertie with their bloud be banished and scattered farre and wide out of the Empire as sworne Enemies to peace and disturbers of the publike tranquillity Whosoever shall relieve his friend his patrone his defender with bread or water let him be proceeded against as guilty of treason Whosoever shall kill betray or corrupt his protector or preserver let him receive impunitie money and a garland onely not such a one as was give to him that saved a Citizen Let Libertie bee no more mentioned amongst military banners and let that people the conqueror and preserver of nations confine it selfe within the snow and yee of their owne Ocean and there their Warres being laid aside and put farre enough from them and all feare and terror of them being repressed let them live in awe and horror of our Eagles These are the requitalls of those savers and preservers this is the reward of those defenders these are the thankes and the bounties whereby a vast benefit is recompenced with more vast Injuries CHAP. III. The third Nullity of the part of the Protestants First because they made their Warre against the Emperour being stirred up to it by the Saxon. NOw if these Treaties of the Saxon against the Swedes can by no title or colour of right bee defended as himselfe lately confessed much lesse can his negotiations entred into with the Austrians against the Protestants carry any shew of excuse at all For what did he When as the Emperour Ferdinand II. had published that fatall Edict of the 16. of March 1629. touching the restitution of the possessions belonging to the Church and bitterly execute it against so many supplications appeales and protestations of the States The Duke of Saxony as chiefe of the Protestants summoned all the States The Dyet of Lipsich ended in March 1623. addicted to the Lutheran faith to the Dyet of Lipsich and declared unto them how the liberty of Germany was oppressed and the Princes of the Empire robbed of their rights and dignities and incited them to the gathering up of Souldiers through all precincts and to the arming of the Countrey people Shortly after as one that would by his owne Example leade the way to the rest hee levied an armie of 20000. men and did in the name of himselfe and of the Protestants make knowne to the Emperour that unlesse the grievances exactions and oppressions laid upon the people by his Commissaries and the Souldiers were forthwith taken away hee and his Allies would with armed power resist and repell such hainous and continuall injuries So the Protestants being compelled to rebellion when Tilly did invade his territories with hostile cruelties hee tooke up armes against the Emperour and his Leaguers and by the valour of the Swedes he overthrew the armie of them both with a glorious Victory at Lipsich And presently upon year 1631 year 1633 year 1634 it drawing after him a Common Warre through the whole Empire hee made himselfe Master of the Kingdome of Bohemia the greater part of Silesia and all Lusatia But he did also with perswasions and threatnings 5. Aprill 1634. involve in the publike trouble the States of Silesia who had hitherto beene of neither side In the moneths of February and Iuly 1633. And in the Convention of Hailbrun Frankford exhorted all the Protestants to a firme concord and continuance of a Warre of Allies and Confederates Yet neverthelesse after that by the overthrow at Nordlingen the forces of the Protestants being by little and little enfeebled and those of the Austrians by degrees increased year 1634 made the fortune of the War somewhat doubtfull hee putting off as it were all faith together with the fortune of his Confederates particular Conditions which hee had so often refused being offered unto him made his peace with the Emperor clapt up a short composition for his owne safety to the great prejudice of his Confederates and to the end that hee alone might deserue pardon and favour excluded the most of the Vnited from pardon and Amnestia And so to the end that he might free himselfe from uncertaine dangers he involved his confederates in a certaine destruction and that hee might turne away from himselfe the punishment of rebellion and treason he delivered up his friends and Allies to bee punished at the pleasure of their enemies With a treachery so much the more odious in that hee turned his hostile armes against those whom hee had not onely incited but in a manner compelled to take armes against his Enemies Dat veniam corvis vexat censura Columbas Therefore by what Iustice can a common crime be pardoned to the authors that it may bee punished in the abbettors By what equitie is a publike rebellion commended in the kindlers of it that it may be punished in the furtherers Why are not all the Protestants being partners in one and the same mischiefe recompensed with the same rewards or chastised with the same punishments Why doth the same crime advance some unto new honors and Dignities strip others out of the dignities of their Ancestors and the habitations of of their Predecessors Why is the head of treason adorned not with Laurell wreathes onely but with Elegies or testimonialls of honour and the members which have unhappily joyned themselves to him boasting himselfe both in the Iustnesse of their cause and strength of armes cut off from the body as rotten limbes Let such changeable and fickle friends take heed least shortly in their turne they have experience in themselves of the same punishments which they have approoved in their Confederates and least they in succeeding times doe to their owne damage pay dearely for those things which they suffer to be punished as crimes
of Sigismund the Emperour year 1459 in the yeare 1459. although Casimire King of Poland and William Prince of Saxony whereof the one had married the younger and the other the elder sister of Ladislaus did with most earnest solicitation labour for the Kingdome Why did the younger Princes often obtaine peaceable possession of the Kingdome when the brethren and eldest sonnes were put by it as when in the yeare 1324. year 1324 Henry Duke of Carinthia who had married Anne the elder daughter of Wenceslaus VI. being rejected Iohn I. sonne to the Emperour Henry the Seventh founder of the family of Luxemburg and husband to Elizabeth the younger was designed and accepted for King by the States For by the law of nature and lawfull custome of succession males are preferred before females and the elder of the same sex before the younger But I forbeare to hold a candle to the Sunne at noone-day since his Imperiall Majestie would have this cause to be decided not by reasons but by armes and doth found his principall title to the Hereditary possession of the Kingdome Ius hereditarium in regno Bohemiae Ferdinandi II. editum Viennae 1620 in 4. rather upon the recovery or conquest thereof then upon their acceptance having in the beginning of the booke that is published touching his Hereditarie right to the Kingdome of Bohemia clearely professed That although his Hereditarie right were doubtfull and the Bohemians have hitherto had some right of free Election yet now since the whole Kingdome is come to him by force of armes and hath received him for their lawfull Heire all of due not at their pleasure it is in vaine to hold any further dispute touching the right of Election since the Kingdome it selfe being reduced under his power did now acknowledge the hereditary right of the House of Austria thereunto 4. Innocent Silesia is stripped of her rights I come now to Silesia and the united Provinces of Bohemia who where as heretofore for the defence of their rights and liberties they did unite themselves to that Kingdome are at this day by this trans-action of Prague not onely deprived of all rights and immunities but also by Hereditary right made subject to a forrein power The unjustnesse of which Article that it may bee prooved from the very originall of the matter it selfe it is to be considered that the Province of Silesia was anciently subject unto Poland Ioach. Cureus in Annal Silesiae editis Wittebergae 1571. and divided by divers Dutchies amongst the Princes of the Sarmatian bloud Afterwards in succeeding times they disdained the pride of the Sarmatians after experience had of the faithfull and friendly offices of the Bohemians in many of their affaires of their owne free will and voluntary inclination rejecting the Imperious command of the Polonians in the yeare 1331. year 1331 they sued for the protection of Iohn I. King of Bohemia and for this cause Silesia being assaulted by the Polonians with a most grievous warre year 1337 and valiantly defended by the Bohemians did deliver it selfe up wholly into the patronage and protection of the Kings of Bohemia vpon this covenant and condition that all their rights liberties and priviledges should be preserved safe and entire Whereof amongst others one notable testimonie hath remained untill our times that the States of that Province doe not sweare alleagiance unto the King elected untill till hee have bound himselfe unto them by giving a caution for the ratifying and maintaining of their lands rights and honours and by the confirmation of them by the signature of his Reversall letters and by a solemne oath And according to this agreement the Emperour Charles IV. by a speciall Charter given at Prague the seventh of the Ides of October year 1355 in the yeare 1355. did for ever unite incorporate and inseparably ly annex that whole Country with Moravia and Lusatia Both these are extant in the Constitutions of Goldastus Tom. 4. p. 345. 1356. unto the Scepter of Bohemia which Incorporation the Princes of the Empire did afterwards approove at the Dyet held at Norimburgh in the yeare 1356. and did also confirme it by the Rescript or Declaration of Gerlac Archbishop of Mentz and Lord High Chancellor of the sacred Roman Empire And in pursuance of this right the Silesians have ever so lived under the King of Bohemia that they did not onely give their free voice at their Election but also at their Coronation obtained most ample Reversall letters which it appeareth that even the Austrian Kings themselves did most freely grant namely Ferdinand I. the fourteenth of Ianuary in the yeare 1527. year 1527 Maximilian II. in the yeare 1557. Rodulph II. in the yeares 1577. and 1609. and even Ferdinand II. in the yeare 1617. Nay further year 1617 when the last troubles arose in Bohemia the Silesians assisted the Bohemians their Confederates and they were over throwne in the battell of Prague yet the Silesians would not lay downe their armes untill Ferdidinand the Second at a solemne Transaction made at Preslaw the one and twentieth of Aprill in the yeare 1621. year 1621 religiously promised the States that if they would renounce the Election of the Prince Palatine Fredericke hee would preserve all their rights and priviledges unviolated which promise being confirmed by oath and a sacred Charter the Duke of Saxony being then the Emperours Commissary and Mediator for the States did undertake by caution given by himselfe to see observed And although the States of Silesia did forthwith abandon the Prince Palatines Partie yet neverthelesse the Emperour in the yeares 1628. year 1628 and 1629. contrary to his covenants and promises abrogated many of their rights and priviledges the Duke of Saxony conniving thereunto And the Duke of Saxony himselfe when as being provoked thereunto by the Emperours Edict and unjust dealing hee had stirred up generally all the armes of the Protestants throughout the Empire year 1631 and had in an hostile manner gotten possession of the Kingdome and head Citie of Bohemia did stirre up the Princes and States of Silesia which till then had beene of neither side not onely by letters signed with his owne hand the fifth of Aprill 1634. year 1634 to revolt and to maintaine their priviledges as he called them but also sending against them Generall Arnheim with a huge Armie compelled the Dukes and Cities which till then stood doubtfull partly by threatnings and partly by open force unto rebellion and put Saxon Garrisons into the chiefe Cities and Fortresses year 1635 And yet neverthelesse afterwards his purposes changing with the fortune hee was the first that started from the Generall League intending to purchase his owne establishment with the ruine of his Allies and suffered the most unfortunate States of Silesia who relying upon his authoritie and assurance and justice of the Common cause did not at the first take armes but joyned their armes to the Saxons shamefully to be excluded out of the Amnestia being innocent
doth not receive the Oath of Alleagiance of the Princes in the name of himselfe but of the Empire And at the breaking up of the Dyet of Auspurgh in the yeare 1555. year 1555 it was ordained that the Controversies which arose betwixt the States of the Empire touching the Imperiall Fees and Seignories should not bee decided but in the generall Assembly of the States And for this cause Henry the Second King of France in the yeare 1551. year 1551 did by his Embassador justly complaine before the States of the Empire that Charles the Fifth his cause not being heard and his right neglected had bestowed upon his sonne Philip the Dutchie of Milan and Vicarage of Siena without their consent or approbation And the Emperour Rodulph II. in the yeare 1598. year 1598 did most Heroically answer the Spanish Admirall demanding the Vicountie of Besanzon in the name of the King his Master That the Fees of the Empire could bee taken away from no man nor be transferred upon any other without the consent of the Electors and States Certainely according to the ancient custome of the feudall lawes the Controversies concerning Fees ought to bee determined by the Iudgement of the Peeres And if a question doe arise betweene the Lord and his Vassals concerning any matter of Fee it must be decided by the Peeres of the Court lib. 1. de feud tit x. sec 1. And they ought to determine Controversies touching benefices who doe hold benefices of the same Lord lib. 1. tit 26. And although the Emperour did desire to have such an apparant injurie approoved by the States of the Empire year 1623 in the Dyet held at Ratisbone yet the Electors of Saxony and Brandenburgh and many other Princes of the Empire did by their Embassadors make protestation and alleadge That the Translation of the Electorall dignitie upon the Duke of Bavaria was contrary to the Constitutions of the golden Bull to the fundamentall lawes of the Empire to the declaration of the Emperour Sigismund the Fourth to the customes of feudall right and in a word to the accords and covenants agreed upon betwixt the Houses of the Prince Palatine and Bavaria long since established by the providence of their fore-fathers and strengthned with the proscription of almost 300. yeares That the Prince Palatine was condemned being never summoned never heard and his cause never opened When as hee neverthelesse was not the author of the Bohemian troubles and many that were partners in the same crime obtained pardon of the Emperour and that therefore they could not consent to such a precipitate proscription and stripping him out of his Estate And therefore also when as the Emperour rejecting all these exceptions oppositions and protestations of the States bestowed the Fee of the Electorate upon the Duke of Bavaria the Embassadours of Saxony and Brandenburgh refused to be present at the ceremonies of his Investure least by their presence they should seeme to have approoved so enormous an act of injustice And a little after the same Electors did by their letters sent to the Emperour from Amburgh complaine of the violation of the right of their Colledge of Electors and by a publike instrument under their owne hands did confirme and make good all that had beene said and done by their Embassadors And although the yeare following the Duke of Saxony being drawne on by the cunning of Ludovike Landgrave of Darmstadt year 1624 did at the Convention of Schleufingen receive the Duke of Bavaria into the Septemvirall Colledge for a time perswading himselfe that that Colledge being made compleate an universall Peace would be established in the Empire Yet that admission being made upon certaine conditions he protested hee intended not that any thing done should prejudice the rights of the House of the Prince Palatine nor the protestations exhibited by his Embassadors at Ratisbone Which afterwards both in the Convention at Mulhausen year 1627. 1630. and at the Diet of Ratisbone and in severall Declarations and resolutions sent unto divers Princes of Europe and even in that league made at Torgaw in the yeare 1631. year 1631 with the King of Sweden and Elector of Brandenburgh he did ever constantly acknowledge and affirme having protested in all places and before all men that no Peace was ever to bee hoped for in the Empire without restitution of the House of the Prince Palatine Therefore with what conscience dareth hee at this day publish that Trans-action to have beene just sacred and most profitable to the Empire Whereby it is not onely certaine that the equalitie of voyces being taken away amongst the seven Electors the Protestants will ever goe downe the winde but also so long as there shall be one drop remaining of the Palatine bloud from which this dignitie if not regall yet certainely next to it is so violently taken away against all right and Iustice it is manifest that Germany will bee perpetually infested with new troubles For be it admitted not granted that the Prince Palatine hath by such heinous crimes deserved proscription and stripping out of his Patrimony By what law or right are his children brother and all his Kinsfolkes as innocent and giltlesse as himselfe though differing in cause involved neverthelesse in the same punishment When as both his sonnes before their Fathers offence had the Electorall dignitie belonging to them by right of succession and also by the Common law of Fees it is manifest That the offence of one of the Heires of the Fee doth not prejudice the rest lib. 2. de feud t. 78. and yet the act of a brother doth not hurt his brother in his Hereditary Fee tit 93. Yea more if a vassall shall commit so enormous a crime that he or those that descend of him ought to be deprived of his inheritance yet his kinsfolkes in the fourth degree are to be restored to the possession thereof lib. 2. tit 26. And therefore very wisely the Duke of Neuburgh being neerer of kinne to the Princes Palatine year 1623 then to the Bavarians obtained of the Emperour reversall letters whereby provision was made that this Trans-action of Electorall Dignitie upon the Bavarian should at no time nor in any sort prejudice the right of himselfe or of his founded upon a nearer degree of bloud Neither doth this appeare to be a lesse argument of so barbarous an injurie that the whole Electorate being transferred upon the Bavarian yet the Territories are divided amongst divers Princes and the upper Palatinate is assigned to the Bavarian and the lower to the Spaniard for the charge and expense of the German Warre Whereas by the Constitution of the golden Bull Chap. 25. the title whereof is year 1356 Of the intirenesse of the Principalities of the Electors Those Illustrious and magnificent Principalities that is to say the Kingdome of Bohemia the County Palatine of the Rheine the Dutchy of Saxony and Marquisat of Brandenburgh and their Lands Territories and all other things belonging to them cannot nor
ought upon any condition whatsoever be cut in pieces divided or dismembred 7. The Bavarians had anciently no right to the Electorship The Bavarians perceiving the cause of translation to bee entangled with these difficulties and having many ages since sought for some pretext for their ambition doe devise most ancient titles for their new usurpation and doe affirme that the Electorall dignitie was not so much conferred upon them by Ferdinand the Second Gewoldus de S. R. Imperii Septemuiratis c. x. Fabius Hercynianus Cancellariae Anhaltinae P. 11. p. 83. 1215. of his grace and favour to them as recovered for their due by force of armes and if it being most unjustly taken away from the House of Bavaria by Charles IV in the yeare 1354. was in respect of affinitie translated to the Family of the Prince Palatine of Rhyne And that therefore the Princes Palatine unjustly but the Bavarians most justly did complaine of the alienation of the Electorall right and that they may therefore lawfully commence their suite for the recovery of the profits thereof which have beene enjoyed ever since Charles the Fourths time Therefore to the end that the impudence of this Imposture may bee made manifest to all men it will be necessary to open the state of the whole matter from the beginning Ever since the first institution of the Electors the right of electing the Emperour hath beene in the power of the Counts Palatine which were also Dukes of Bavaria as is manifest by the ancient Histories of those times And in the yeare 1215. year 1215 by the mariage of Otho Duke of Bavaria with Agnes daughter of Henry the last Count Palatine the Palatinate of Rhine was united with the Dukedome of Bavaria and Otho himselfe the first of the Family of the Bavarians in the right devolved unto him by his wife became Elector So the dignitie united with the Seignorie year 1295 remained in the House of Bavaria untill the yeare 1295. At which time Lodovike the Third being dead his sonnes divided his inheritance in this manner that Rodulph his eldest should hold the Palatinate with the right of Electorall power and Lodovike the younger the upper Bavaria and after his brothers death hee should hold the power of Election for terme of his life as appeareth by the Trans-action made betwixt them at Munchen 1313. Extat apud Gewoldum de S.R. Imp. Septemviratu p. 224. 1314. in the yeare 1313. But Lodovicke the younger following the fortune of the Warres whilest he bore armes against the Austrians in the yeare 1314. was declared Emperour by the Major part of the Electors his brother Rodulph and the Electors of Saxony and Collen bestowing their voices upon Fredericke III. of the House of Austria Whereupon grew a civill Warre in Germany Lodovike of Bavaria being the stronger in armes stripped his Brother Rodulph taking part with his enemies out of all his Territories and having proscribed him forced him with his children to retire into England where a little while after year 1317 with griefe of heart he died Yet soone after that Fredericke of Austria being taken prisoner and deposed Lodovike the Fourth mooved with commiseration of his Brothers children did by the Trans-action of Norimburgh year 1329 in the yeare 1329. restore to Rodulph the Second and Rupert Extat imperfecta apud Gewoldum p. 218. sonnes of his Brother Rodulph the First their Hereditary Seignories and dignities vpon this condition that they yielding up the prerogative of the Electorall right should divide the Septemvirall Suffrage with his sonnes Lodovik and Stephan and so both of them in their turnes should Elect the King of the Romans which Transaction though extorted from him by force hee did yet cause to bee published in the Dyet at Franckford year 1339 in the yeare 1339. But the Emperour Lodovike the Fourth being excommunicate and dead when Charles the Fourth King of Bohemia sonne in law to Rodulph the First year 1342 and Brother in law to the Brethren Palatine Princes came to sway the Empire Rodulph the Second and Rupert the Palatine Princes complained to the Emperour their Kinsman by marriage of violence and injurie offered them and challenging the entire right of Election to belong unto them as being the eldest sonnes did sue to have the Trans-action of Norimburgh touching the alternative Election betwixt the House of the Palatines and Bavaria abrogated as being most unjust and extorted from them by force So Charles the Fourth favouring the most just cause caused the businesse to be brought into debate and having obtained the consent of all the Electors and States year 1354 in the yeare 1354. restored the Hereditary right of the entire Electorall Suffrage unto Rupert I. the Palatine Prince for his elder Brother Rodulph a little before year 1356 in the yeare 1353. died and excluding Lodovike and Stephan Dukes of Bavaria published an ordinance touching the right and succession of the Counts Palatine in the voyce and election of the Roman Emperour and caused it to bee sent unto all the Electors Yea and about two yeares after in the yeare 1356. in a Diet held at Norimbergh 1356. Extat utrumque Mandatum Diploma apud Goldastum Tom. 4. Constit Imper. p. 345 caused a publike Charter confirming the same to be approoved and signed by all the Electors Which he the more easily effected because in the same Diet hee had conferred upon Lodovike the Roman sonne to Lodovike the Fourth Emperour the Marquisate and Electorate of Brandenburgh as a recompence for the right of the Palatine Electorate Whereby it appeareth that it is a most false calumnie of them that affirme that the Counts Palatine did by the connivence of Charles the Fourth take away from the Bavarian the ancient right of voyce and Electorall dignitie When as on the contrary it is manifest out of authentike records and all the Histories of those times that the Princes Palatine did in no sort invade any right of another mans and that was not due to themselves but did recover their Hereditarie rights which was extorted from them by Lodovike the Fourth by force and fraud and did unite it for ever to the House of the Palatines of Rhyne by the consent of all the Electors and Princes of the Empire And consequently that the Bavarians before their late intrusion had never any right at all to the Electorate nor were ever like to have otherwise then by a violent detention For let both the translations be compared that of Charles the Fourth upon the Prince Palatine Rupert and of Ferdinand the Second upon Maximilian of Bavaria and the Iustice of the one and the injustice of the other will appeare more cleare then the noone-day In the one Charles the Fourth did not so much out of grace bestow the Electorall Dignitie upon Rupert the Prince Palatine as of due restore it being taken away from his Vncle by force In the other Ferdinand the Second granted the Dignitie being taken away from
and brave men with a Military Oath to the end that they might casheere them againe when their bodies were maimed their meanes spent and their wounds yet gaping miserable naked and unarmed and as banished men forbidden the use of fire and water This is the propertie of the Saxon and his Confederates to value the bodies and soules of the souldiers at a farthing to relieve his starved Armies with the oppresâ—â—on of the subjects basely to abandon things rashly gotten to alter or change his friendships and hatreds according to the inconstancy of Fortune and in a word to interpret the Triumvirall prescription by the name of a generall peace The Swedes being as noble as famous for their lawrell wreathes as for their traffique doe reverence valour as well as Constancie and as they are wise in a gowne so are they couragious in a souldiers coate When the losse or hazard of honour is in question they had rather have a bloudy warre then a fruitlesse peace and doe rather choose to redeeme their Confederates by an honourable death then to forsake them by disgracefull flinching and secret turning their backes As people that have well learned that whatsoever doth any where concerne their friends doth also concerne themselves and that a part of the common detriment reacheth unto them as particular persons Wherefore they will never be induced by any reason or force to be so unworthy as by a base neglecting of the warre to delude their Confederates prostitute their friends and rather to admit of peace upon what conditions soever then to treate for it And rather with readinesse to embrace the friendship of their enemies then to deserve it Especially since they doe assuredly know that no length of time no oblivion shall ever wipe away the sense of that danger whereunto the House of Austria saw it selfe exposed by the Swedish forces and even brought as it were to the last gaspe Hee doth not well know the condition of that nation that doth thinke that any such thing can fall from them The nature of Spaniards is long to remember offences but quickly to forget good turnes And howseover that Caesar of old time would often say that hee could remember all things saving Injuries the disposition of this present Caesar is not so who doth not onely never forgive nor forget the injuries which hee imagineth to bee offered to himselfe and his House but also watching for a fit occasion for a whole age together doth revenge it upon the innocent Children and grand-children It can therefore by no right or reason be required of the Swedes that as persons content with the suretiship and undertaking of the Saxon who hath often so perfidiously deceiyed them they should carry away their conquering armies out of the Empire that they should abandon a publike warre without good securitie of an universall peace and commit all the forces and fortunes of themselves and their Allies to the uncertaine will and pleasure of most mercilesse enemies As if after their warre so valiantly and so happily managed they were to carry away no other Trophyes but the immortall hatred of the Austrians no other Triumphs but the everlasting threats and heart-burnings of the Spaniards But I cease further to impaire or blemish the most renowned acts of that Victorious Nation with my weake and poore lines Which as in time past when the Roman Empire was destroyed it did restore the West part of the World to her libertie so at this day having her intentions bent upon the restitution of the Germane safety The defends her owne cause better by armes then by pens and desireth not so much excuses for her actions as praises and acclamations CHAP. V. The fifth Nullitie on the part of the French I Come to the French a people breathing libertie by the very derivation of their name Who when as by very good right and with a most pious purpose they had engaged themselves in the common Warre by the decree of the Triumvirate of Prague against all right and contrary to all pietie were not onely rejected from the publique pacification but also proscribed as enemies of the Empire favourers of Heretikes instigators of Turkes and disturbers of the Christian Common wealth And under colour of a Warre against Lorraine are commanded to be destroyed with the whole power of Germany joyned together Indeed 1. Because the most Christian King by the right of Protection hath preserved the Catholike Faith in the Empire 1631. when as in the yeare 1631. the most renowned King of the Swedes having overthrowne the Forces of the Austrians and of the Leaguers did runne through the Empire without resistance the Emperour being afraid of him the Bavarian flying and the Spaniard not so much as whispering against him and took possession of the best Provinces Cities of Germany and by that meanes brought the affaires of the Catholikes into grievous straights and to most imminent destruction The most Christian King being ever heretofore a subduer of Heretikes and a defendor of the Catholikes fearing least by the progresse of this civill warre the cause of Religion might receive prejudice did not onely by sending Embassadors to that victorious King obtaine for all the Catholikes which were brought under his command a full libertie and exercise of their Religion but also offering to the rest the remedie of Neutralitie tooke into his Royall defence and protection the Archbishopricke of Triers the Bishoprickes of Spire and Basill and very many other Dukes Counts and Cities of Germany And through his moderation no lesse pious then prudent he stopped the unavoydable ruine of the Catholikes in the Empire and kept off imminent destruction from the Protestants So the Religion of his Ancestors being preserved and established hee seeing Princes unjustly cast out by the Austrians Cities deprived of their liberties and his neighbours either oppressed or ready to bee oppressed with the Spanish yoake joyned his Confederate armes with the Swede restored the Princes to their Territories and the Territories to their Princes Cities to their priviledges and the Empire to his ancient rights and dignities and delivered all his neighbours and friends from the tyranny of the Spaniards And yet notwithstanding for all these his good merits towards Religion and the Christian Common wealth he is onely not proscribed by the Austrians but accused by them to be the kindler fomenter and advancer of the whole Germane Warre and is also with most false calumnies exclaimed on as if he had conspired with the Lutherans for the extirpation of the Catholike truth And even the Emperour himselfe unto whom the zeale of Lewis the thirteenth cannot bee unknowne by so many warres as have beene made by him against Heretiks yet in his Declaration touching the benefits and commodities of the Peace of Prague set forth at Baden the 8th day of Iune 1635 he doth plainely professe That if haply any man shall conceive that in the Treaty of Prague sufficient provision is not made for