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A01284 The evaporation of the apple of Palæstine: that is, The sifting of the answeres and rescripts, lately given, in the cause of the restitution of the Palatinate Together with a briefe demonstration of the nullities of the clandestine dispositions, by which, the electourship and the Palatinate hath beene transferred on the house of Bavaria. Translated out of Latine.; Pomi Palaestini evaporatio. English Rusdorf, Johann Joachim von, 1589-1640. 1637 (1637) STC 11406; ESTC S102687 54,457 168

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according to trueth and equity without hatred or affection doth rightly conceive understand and judge of the proscription promulgated against King Fredericke the Electour of intrenching upon the taking away the alienation of the Electorall Palatine Dominions and the Dignity and Offices thereunto annexed and an entire totall removall of these unto the Bavarian Family of the Ordainances made by the Emperor the Bavarian and the rest of their Confederates of their pronounced Opinions Decrees Rescripts Conditions made knowne agreed on Covenants drawne and the like It is decreed in the Law That every circumstance ought to be narrowly looked into before the proceeding to sentence So also in things of so great consequence no sentence ought to be pronounced untill all things be exactly weighed aswell for circumstances and reasons quality of the times conditions and intentions of men and finally with a full understanding of words sentences and causes things being examined by construction and intreaty If we should deduce these things particularly and one by one as they ought to bee weighed and diligently examined it would require large volumes we having reserved the greater part of those things untill another time and for another labour and worke which by Gods assistance wee shall shortly publish for the present we thought it worth the labour to bring into the light and expose to view the intent and meaning of those answeres rescripts and decrees only which the Emperour Ferdinand the II. the last yere in which the most Royall King Charles of great Britaine sent a solemne Embassage unto him for gaining the restitution of the Palatinate and of His Nephewes descended from his onely Sister the Queene Elizabeth had determined delivered as also a briefe manifestation of injustice and the nullities with which those alledged decrees of the Emperour concerning the transferring and firme alienation of the Electorall dignitie and revenues thereunto belonging granted to the Bavarians doe as it were groane and are stuffed both because Wee were commanded and required thereunto by them who had authority to doe it as also that they may give some light or at least open a gap and prepare the way for those my treatises which shall ensue And to conclude that out of these some conjecture and ghesse maybe had what is to be thought of the other things performed in this matter in question by the adverse part either violently or fraudulently practised Perhaps some may say that I ought to have beene more large and accurate concerning those dispositions and in setting down the nullities of them But I would have them know that I would willingly have done that and thorowly have handled the particulars if it might have beene lawfull to have taken a view of those dispositions as they were first penned the which as it appeareth never yet came to publike light but alwayes were kept privately and in secret as at the first they were composed And concerning the nullities of the urged pacification at Prague whereby it is pretended that those dispositions are ratified and confirmed wee thought it a matter of incogitancie and indiscretion to make a long and tedious discourse not because wee deemed it not so much appertaining to Our purpose as that because wee have found the same argument purposely handled by others with exactnesse of diligence and no small commendation Should I also have undertaken to have made a strict search and full discovery of the same matter with my obscure pen what other thing should I have attempted Than Stellis nebulam spargere candidis to over cast the Heavens most bright With exhalat'ons that obscure the light For Conclusion Curteous Reader I would intreat thee to afford a favourable interpretation to these my extemporarie labours for so you may give encouragement to my endeavours that I may with cheerefulnesse accomplish which I yet forbeare the Manifestation of things affected and almost effected by the adversaries and expose them also speedily to thy judgement and understanding Farewell heartily From the Vbit the Nones of March 1637. THE SIFTING OF THE IMPERIALL Answers given in the PALATINE Cause With an annexed short Remonstrance of the Nullities of the dispositions in the translation of the Electorall Dignitie THe yeere last past when the most Soveraign King of Great Britaine sent his Ambassador Thomas Howard Earle of Arundell and Surrie Earle Marshall of England to the Emperour Ferdinand the second to treat in the cause of the Prince Palatine and require Restitution for his Nephew Prince Elector Charles Lodowicke and his Brethren divers people scattered divers words spent their judgements and opinions thereupon the actions of Princes as it is customary being diversly construed by the vulgar Some averred that the experience of so many yeeres so many Ambassagies so much interceeding already in the Cause of the Palatinate was a sufficient testimony of a default in that advise by slacknesse and haesitation that nothing could bee expected by Treaty nothing obtained by conference and reasonable Conditions nothing could bee extorted by the transactions of the moderate and just King That the Austrians Bavarian and their Confederates having already destinated the Line of the Prince Palatine for death would never grant that it should rise againe and the exiled Palatine Princes more carefull of the ancient liberty and greater enemies to innovation then the rest now growne stronger by a new alliance and friendship of forraigne Kings being restored to their former estate should returne into their Country and be a terrour to those families and like thornes in their eyes That the Austrians being growne more insolent by the timorousnesse of the adverse Partie had already setled to their owne affaires That the Palatine businesse did more and more decline that the Prince his friends Companions and Assistants suspended with feare and doubt and often deluded with hope of taking Armes in the Cause of the Palatinate were compelled by necessity to leave his Partie and enter into new Confoederacies That the Swedes and the French onely were yet remaining whose love and alliance was to be accepted with whom He should joyne in Armes and Counsell till with a potent and victorious Army they might weary the Austrians That the occasion was not to be neglected that this Lethargie was to be shaken off that to attempt the negotiation againe by Treaties which so often had prooved fruitlesse and to forbeare Armes in which the onely hope of attaining the end consisted was a token of indiscretion or sluggishnesse Have not the Kings of England by the space of these 18. yeeres bin deluded by the Austrians will they still suffer themselves to be gulled with words Dare they not awake from sleepe and remember their former injuries These and words to the same effect were spoken commonly by the military men which breathed out warre and burned with a desire thereunto Others which would be accounted more moderate and of a more peaceable condition commended the Kings Wisedome Piety and equanimity granting notwithstanding that nothing hath
desire of the Bavarian on the other Only one must be Electour and keepe that dignitie two cannot sit in that seat of Iustice nor performe the office of one man nor speake with one tongue nor give one vote The seaven Electours like seaven pillars support the state of the Germane Common-wealth If there be more or fewer the Symmetrie and bulke of that building must needs fall The Golden Bull which is the Royall fundamentall law and princely decree admitteth only of seaven and to each of them assignes and prescribes his office principalitie and power to which the Electorate is annexed hence also it stiles them the seaven candle-stickes the number of which can neither be augmented nor diminished without dismembring and subverting of the body of the Republique If there were more as nine or eleaven for the number must naturally bee uneven lest the voices being even there might happen a division and schisme in the election of a king what places what preferments what offices beseeming their high dignity could be appointed to them What lands and provinces for the setling the Electorate could be assigned to them So great is the authority of the Golden Bull that it cannot be altered and violated by the Emperour though with the consent of the Electours unlesse by overthrowing the lawes that is by racing the foundation he would pervert and ruinate the state and constitution of the Commonwealth But if it should happen that nine Electours should be created how can they be marshalled in their proper ranks and order the Palatine surely will not suffer himselfe to bee displaced and put by of his right and possession confirmed by the custome of many ages by the fundamentall Laws and by the consent of so many Emperours and all the Princes because he cannot doe this without impeaching his honour and wrong of his conscience nor yet without reproach and injury to his whole family For so he should acknowledge and by his giving place and example make it publikely appeare that He is justly deprived of his ancient and acquired right and prerogative which time out of minde did appertaine unto Him among the Electours and accept it as a great favour that he should bee admitted as a new creature and an Electour upon the instance of intreaty when yet with lesse disparagement and indignity Hee might better renounce the whole Electorate then consent unto so dishonourable a change of precedency and order into the lowest rancke which would bee a signe of a foolish and pusillaminous ambition The Bavarian likewise will by no meanes suffer himselfe to be removed from the place into which he hath ascended with so great and fervent desire fury and violence with so much labour and sweat with so much effusion of blood and long continuation of Armes and which he hath snatched away by force and conferred upon his family Although a new Electour ought to sit in the lowest place and not to be esteemed of higher eminency then any other and yet such is his ambition and so high are the thoughts of his aspiring minde that he makes no bones to contend for principality not onely with the Electours farre more ancient then himselfe but with Caesar himselfe also as appeares by the experience of many former yeeres when hee compelled Caesar at the meeting at Ratisbone to discharge Wallinsten of his office and to approve all the other things which he then demanded Long before that the Bavarian was placed by Caesar among the Electours even in the times of the Emperours Rodolph and Matthias he contended with the Arch-Dukes of Austria for the first and more honourable place he did ambitiously affect the title of soveraignty as well as the Austrians in fine constrained Ferdinand who then wanted his assistance to give him that title before he was made a new Elector It is true indeed that the Dukes of Bavaria possessed of the estate and chiefe of their family made some scruple to give place to the Arch-Dukes of Austria which were not advanced to regall and Imperiall dignity in the assemblies and parliaments of the Empire professing themselves to be more ancient Dukes and that it was unlawfull for the Emperours derived from the Austrian family to preferre their posteritie before the Bavarian family which long time had enjoyed the priviledge of the chiefe seate by making them Arch-Dukes because also the Duke of Bavaria as the more worthy held the prime collaterall place amongst the secular Princes and subscribed to and signed the Decrees and Lawes propounded and confirmed in the Parliaments by the Princes when the Austrians who disdained to be placed inferiour to the Bavarian did sit collaterally with the Priors Prelates and Ecclesiasticall persons But yet never any of the Bavarians did stand so much upon it and prevaile so farre in it with such eagernesse ambition and better successe as this moderne Duke who above all the rest endeavours to preserve the ancient splendor and dignity of his Family But they say it is probable and there is some hope that the Bavarians my be perswaded to consent to a covenant of alternation on this wise that after the death of Maximilian the Bavarian now possessing it the Electorall Dignity and Office may be performed and held by exchange of turnes betwixt the first borne sons and Nephews of him and the first borne Sons and Nephews of King Frederick Palatine that for default of either of their issue the whole Electorate may be totally left as by right of accrewment to the longest liver But these are mushrumes and quillits without root or ground invented onely to circumvent and ensnare the minds of the credulous For the Bavarians now being powerfull and having their estate setled and withall of eminent authority and grace in the Empire are so farre from condescending to such a Covenant that they will not connive and permit that the controversie of the Electorate should either be set apart or left in suspense The right of either party being reserved or that it be referred to a Treaty or a competent Iudge as they have openly and with great earnestnesse published and declared as at other meetings so more especially in the Diet at Ratisbone and they have also by their urgent importunity pressed the Emperour so farre that the Palatines of Rolerts Race shall still remaine excluded from hope and possession of the Electorate nor shall it be permitted to them to question their Title to it so long as any of the Bavarian Line of William survives and is alive but that they shall bee compelled to renounce all their title and give a caution that they will move no more for that cause hereafter in the Empire which unlesse they doe neither Germany nor the Bavarians can have any assurance of peace and security For say they if the Palatines have leave and liberty to demand their right then so soone as occasion and supply of meanes shall favour them both which upon their re-entry and restitution to their