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A18489 The manifest of the most illustrious, and soveraigne prince, Charles Lodovvick, Count Palatine of the Rhine, Prince Electour of the sacred Empire: Duke of Bavaria, &c. Concerning the right of his succession both in the princedome, lands, and estates of the Palatinate: as also in the dignity, voice, session, and function of the electorship-Palatine thereunto annexed. Translated, anno. M.DC.XXXVII.; Manifestum sive deductio. English Karl Ludwig, Elector Palatine, 1617-1680. 1637 (1637) STC 5046; ESTC S107765 37,055 164

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the most Illustrious Count Palatine of the Rhine by vertue of the Electorate and Princedome Palatine shall administer the affaires thereof in place of King of the Romanes over all the Countries of the Rhine Suevia and Franconia True it is that Ludo vicus the Bavarian Emperour having banished and dispossessed his elder brother Rodolph Electour Palatine because He had given his voyce and assistance to Frederick the faire Arch-Duke of Austria against himselfe he laboured to impose upon the children of the said Rodolph restored after his death such a covenant of alternation but as it was attempted without right or reason so it never had effect for the Bavarian Line cannot produce one sole example that ever executed elective power and all their pretentions were fully rejected and nullified by the Golden Bull whereas in the Palatine House the said Right and Dignitie hath remained without any interruption having for the space of three hundred and odde yeeres assisted as Electours and high Truckcesse at the Elections and Coronations of thirteene Romane Emperours one after another And here the occasion offereth it selfe to remember without boasting the merits of our Predecessours and Palatine House not onely in the Empire and all Christendome but especially towards the House of Austria which hath beene oftner exalted to the Imperiall power and great nesse by our Ancestours than any other though many times to their owne disadvantage The example of Rupert Count Palatine King of the Romanes showeth with what zeale and courage He governed the Empire and pacified the trouble thereof Philip and Frederick II. Anno 1530. valiantly defended the City of Vienna against the Turkes neither sparing their Estates nor their lifes Particularly the said Frederick did diverse great and usefull services to Charles V. and his brother Ludovicus was the chiefe cause that anno 1531. Ferdinand the first was elected Emperour at Colen notwithstanding that Iohn Electour of Saxe protested against it for his sonne Rodolph of Haburg might next to God thanke Lodowick Electour Palatine by whose meanes Hee was made Emperour who was the first that beganne to advance his house and transmit the Dutchy of Austria to his posteritie The same Lodowicke stood alone against Adolph Count of Nassaw who by all the rest was chosen Emperour and mightily laboured to bring in Albert of Austria sonne of Rodolph Rodolph Electour Palatine chuse Fredericke Duke of Austria Emperour against Lodowick of Bavaria his owne brother which cost Him as is said his Dignities and Estate And it is well knowne that the late Emperours Maximilian the I. Charles V. Ferdinand I. Maximilian II. Rodolph II. and Matthias have received no small assistance and good offices from the Electours Palatines our Predecessours to attaine the Crowne Here also may not bee forgotten how true and sincerely Our most honoured Lord and Father dealt with the present Duke of Bavaria not onely visiting Him in person at Munchen Anno 1618 using all free communication with Him but also not long before His journey into Bohemia recommending to his trust his Countries and Estates as to one in whom hee had most confidence who also at that time promised all kind of good neighbourhood and to doe no displeasure as appeareth by their mutuall letters But especially when Our said Lord and Father to make him feele his intire affection gave him his Electorall voyce to be King of the Romanes Anno 1619. in these words Having ever in Our heart desired to see Right and Iustice duely administred in the Empire all disorders and oppressions removed and the causes of forraigne warre prevented We have among all the Potentates Electours and Princes fixed our thoughts upon the Duke of Bavaria as upon a Prince wise peacefull full of experience governing His owne Estates in quiet and not engaged in any warre which We propound not out of disaffection to any of the forenamed much lesse to the House of Austria which hath often felt and found the good offices of our Electorall House but only as we conceive the course of the present affaires and that according to Our oath And therefore in the Name of God We give Our voyce to the said Duke of Bavaria All which being in it selfe cleere as the day we cannot but thinke it very strange that without taking notice of the aforesaid demonstrations the proceedings against our deare Lord and Father our Selfe Brethren Blood and Agnation have beene carried with such rigour and animosity taking from Vs without all forme of justice what God Our birth and Right hath given Vs. But that which grieveth Vs most of all is That not contented with those exorbitant and dangerous innovations the pretended Translation of Our Electorall Voyce Place and Function with all that thereon dependeth hath againe beene ratified and confirmed upon the descendents of the Duke of Bavaria and his brothers and upon the whole Line of Duke William their father deceased Notwithstanding that it was granted to the said Duke for the terme of his life as the Electours of Saxe and Brandenburg were assured who gave their assent for no longer time By which violent and peremptory proceedings that which at first was but oppression and might have vanished with time will now put on the face of Law and be made perpetuall Whereby We Our brethren blood and Agnation may be for ever deprived in Our spotlesse innocence of all the ancient and inherent Rights of Succession Reversion and simultancous Investiture inseparable from Our House And that without all bounds of Iustice or forme of Law unaccused unheard without the knowledge and assent of the Electoral Colledge and to the infinite prejudice of all Electorall and Princely Houses who may reade their owne story in Our Oppression Indeed our most honoured Lord and Father was in His life time advertised that the perpetuation of Our Electorate in the Line of Duke William had beene long agoe projected and more specially in the late Electorall Diet at Ratisbone Wee have also heard That hereditarily an Investiture was promised under Seale to the Duke of Bavaria and that to dispose the Electours of Saxe and Brandenburg the more easily to consent the peaceable enioying of the Ecclesiasticall goods would be granted to them for fourty yeeres But these things being so directly contrary to the former assurances to the declarations of His Imperiall Maiesty to the protestations of the two temporall Electours to the reversalls of the Duke of Bavaria to the Golden Bull to the fundamentall Lawes and to all Right and equity Wee did forbeare along time to give any credence to them Till in the last Treaty of Prague betweene the Emperour and the Electour of Saxe We finde the Translation of Our Electorall Dignity with all the dependances to bee setled and entailed upon the Line of Duke William for ever and to be received and approved by the two said Parties Treating as an Article of Peace and a Case cleerely decided The Case in Law that the Electourship can neither be
children of the Palatine His Brother and the next of that Agnation all of whom are as yet unaccused and therefore much lesse convinced of any crime And a little after The Translation being of no lesse moment then the Ban did questionlesse alike belong to their deliberation for as they were Electours and States of the Emperour so were they also of the Empire and were therefore called the props and pillars of the Empire and if the Emperour cannot by His own power bestow any Fee nor any Towne fallen in reversion without the knowledge of the Electours and Estates how much more is their assent necessary in transferring of so supreame a Tenure of the Empire as is an Electorall Dignity This would be too grievous and great a wrong to the temporall Electours Princes and Estates to their children and blood if without hearing of their cause or privity of the Colledge Electorall they should be dispossessed of their Estates and Dignities and deprived of their simultaneous and undeprivable Succession Their Lord and Master hoped that the rest of his Electorall Fellowes would never approve of such proceedings nor be a cause that the condition of an Electour which hath alwayes been of such sway in the Empire should become worse than a Gentleman 's in Poland who cannot be proscribed but in a Diet of the Kingdome In the answere which the Electours and Princes assembled at Ratisbone together with the Ambassadours of such as were absent made unto the Emperours Proposition exhibited to them the 30 of Ianuary 1623. This was represented in the name of the two Electors of Saxe and Brandenburg Answeres made to the Emperour touching the Translation That not to speak of the Count Palatines defence these things ought to be duely considered in the point of the Translation First whether those of His children who before His Outlawry were included by the providence of their Ancestors in the Electorall Right and Succession can afterwards bee excluded Next whether His Brother guiltlesse of any transgression who neither hath nor could by reason of his nonage offend the Emperour or whether the kindred and next of His Agnation that not onely testified their innocency but likewise their service and fidelity to His Majesty in these occasions can be justly debarred from their pretentions It was further represented in the report of the Electours and Princes made upon certaine points of the Emperours Proposition the 15. February of the said yeere The Suffrages sufficiently declared what the opinion was of the two Electours of Saxe and Brandenburg about the point of Translation And albeit these words Without ought prescribing were inserted in the last relation yet their Highnesses have thought good to retract them forasmuch as the said words cannot stand with the Capitulation by which His Majesty is so farre and formally bound that this matter cannot be left to the freedome of His will For it is expresly ordained That no businesse of importance should passe without the knowledge and approbation of the Electours and that no Estate of the Empire should be Outlawed without a due and formall hearing Which Capitulation being a fundamentall and unrepealed law in the Empire ought no more to be brought in question but rather obeyed than disputed And because their Dignities as Electours temporall descended to their posterity by inheritance They tooke themselves to have the greater interest and so the more obliged to preserve the said Authority Furthermore to confirme the votes aforesaid the Electour of Saxe wrote to the Archbishop of Mentz during the said Diet 23 February 1623. to this purpose VVe hoped that our good and wholesome exhortations grounded not upon opinions but upon the lawes and examples of the Empire would have found more credit than they have done then these wayes had not beene taken which must needs leade to bitternesse and trouble of which as we cannot approve for the Reasons which ye know so the mischiefes which may follow thereupon will justifie our innocencie though increase our griefe Sorry we are to see such proceedings in our dayes and so hopelesse of remedy which maketh us the more constant to our former suffrages that are registred in your Chancery desiring nothing more than that our sound and sincere remonstrances may hereafter be remembred when the events perhaps will not answere to the designes And a little after What if in the proscribing an Electour and placing another in his roome the advise of Electours be not taken we see not wherein consisteth that Authoritie nor how it can be secured not what it differeth from any other Estate To alleadge necessity or that the Colledge shall incurre no harme is but a sleight excuse For Capitulations are stricti juris and admit no exceptions or if any the interpretations thereof belong to the Colledge in Body without which all is in vaine whatsoever is at the present promised As for the Translation it selfe wee never thought it a way to peace but rather to warre and could not therefore assent unto it In which opinion Wee are still the more confirmed for as much that since the establishment of the Golden Bull the like example hath not been found and if wee take that of Duke Maurice abovesaid it declareth quite the contrary Besides that clause inserted into his Majesties resolution touching the Children and Agnation of Electours in very umbragious and may rather exasperate than still the cause for there is decided that a third person innocent may be deprived of his simultaneous Investiture and lose that inherent Right which is proper to himselfe for the crime which is proper to another Where hence will follow that the Children and Agnation must settle their Right by arbitrement and composition and that which was before cleare and legall will now become disputable and uncertaine but because this doth not alone import the Palatine House but all the rest of Electors and Princes who have obtained the same Investiture by propriety taking an oath and kissing the sword VVe must be so much the more carefull not to approve of such a fact which may endamage the whole Empire In another letter to the said Arch-bishop of Mentz dated from Dresden the 10. of October 1623. the Electour of Saxe giveth this Councell It was our true and sincere affection first to his Majestie as Head of the Empire and then to all the members which made us deliver those suffrages in open Councell registred in the Imperiall Chancery wherby sufficiently appeareth what meanes we judged fittest to obtaine a settled peace But we have learned by sad experience that since the said Assembly where that Resolution was most hotly taken which we esteemed most unpeaceable all things in the Empire have grown worse and worse And somewhat after The restitution was propounded for this regard because the Ban the execution and the Translation which as yee know followed thereupon were all resolved without the knowledge or assent of the Electours which assent is neverthelesse necessary if so