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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 deceased without let or contradiction And as this Right of Birth and prerogative of nature is large and universall so in especiall manner it hath beene confirmed and observed most exactly in the Electorall houses of the Germane Empire insomuch that many hundred yeeres agoe when it seemed good to the preceding Emperors Princes and Estates of the Empire to found and erect the Colledge of Electors as well for the setling of a good order as for preventing of all divisions They decreed by common consent and ripe deliberation that the three Electorall houses of the Palatinate Saxony and Brandenburgh should from thence forwards and for ever after have their certaine and unquestionable successours in their Electorall Office and Estates and Regalities thereunto annexed Ordaining moreover that whensoever any of the said Electors should depart this world then his first borne Sonne and the male issue or in default thereof the next of that a Agnation is that Line in blood which comprehendeth all the Cousins or male-descendents on the Fathers side ●●o in the Empire are only capable to succeed in Electorall and princely Houses Agnation should be received and acknowledged by all the States of the Empire for true and lawfull Electours Or if perchance they were under yeeres that then they should be reputed as Successors designed and in due time invested by the Emperours raigning in the right of their successions Which wise and wholesome Ordination whereby the Empire had so long time been peaceably governed was againe in the yeere 1356 at the intervention of all the Electors Princes and Estates ratified and established for a fundamentall Law of the Empire by the Golden b So called from Bulla the stampe or seale of gold which was appended to this imperiall Charter here mentioned wherein was contained all the laws forms and orders of the Empire both for choosing the Emperour as Head and preserving the Estates as Members in their severall liberties rites and lignities Bull of Charles IV. then Emperour In such sort that all Constitutions of the Empire and c Whe● the Electours were agreed of the person before they declare Him Emperour they required an oath of Him to maintaine the Lawes of the Empire and preserve them and the Estates thereof in their severall Rights and Immunities And this is called the Imperiall Capitulation Capitulations of the Emperour together with the mutuall bonds and unions betwixt Electors which have since that time beene made and contracted were laid and founded upon this fundamentall Sanction and whatsoever hath been contriued to the prejudice thereof held for illegall and of no validity The word of the Golden Bull whereby the right of Birth and Succession is inviolably preserved in the Electorall Houses follow in this forme The Law concerning Electorall successions That hereafter no dispute nor dissention arise betweene the Sons of the said Electours and Princes temporall and that the publike good and tranquillity suffer no stop nor detriment We desirous to remove all such impediments Doe by this present Act never to be repealed declare will and ordaine by Our Imperiall Authority That when any of the said Electours shall decease his Right Vote and power Elective shall descend to his eldest Sonne being secular and begotten in lawfull marriage and by his decease to his eldest Son without any opposition And in case the eldest Sonne should depart without lawfull heires being secular then the Right Vote and power Elective shall be transferred by vertue of this Act to his next brother by the fathers side lawfull and secular and so successively unto his eldest Son Furthermore this Succession in the eldest Sons and lawfull heires of Electors and Princes concerning their Right Vote and power Elective shall from hence forwards be for ever precisely observed with this Declaration That if perchance and Electour his first borne Son or his next eldest brother of the first borne Son shall have the Tuition and Administration till He accomplish his Maiority which in an Electour shall be eighteene yeeres Compleate at the end whereof the Right Vote and Elective power with all the appurtenances shall devolve upon him which together with the Electorall Office shall bee resigned to him by the said Tutour and Administratour Since therefore by the death of the most Illustrious Prince Fredericke V. Count Palatine of the Rhine and Duke of Bavaria and afterwards chosen King of Bohemia Our most Honoured Lord and Father of happy memory the office of High d For more honour to the Coronation the foure temporall Electors doe the Emperour service for that Day King of Bohemia giveth him Drinke as Cupbearer Electour Palatine setteth on the first Dish as Sewer which is called Truckcesse The Electour Saxony carrieth the Sword as Marshall and Electour Brandenburg beareth the Key as Chamberlaine Truckcesse and Electourship of the Empire together with all the Rights Suffrage Dignities Regalities Lands People and Subjects thereon depending are fallen unto Vs and that by vertue of Our proper and acquired Birth-right of the Contract and providence of our Ancestours of all Feodall lawes of the first e So called from Simul together because when a Prince or Electour is invested by the Emperour it gathereth and includeth all the rest of his blood and Agnation and entitleth them to the same Right of Succession with himselfe wherby every one succedeth in his owne Right and can neither foresee more than he hath nor be prejudiced by the forfeiture of another Simultaneous Investiture of the Golden Bull of Imperiall Charters of fundamentall Lawes of f By these Covenants All those in every Electorall House who appertaine to the male blood or Agnation are bound to observe the foresaid order in their severall successions which is established by the ancient and publike Constitutions of the Empire namely which descendeth upon the Eldest Sonne and so forward to the next male Cousin in blood by the Fathers side Covenants made in our Electorall House and of the Confirmation of many foregoing Emperours they are inseparably intailed upon us And since Our dearely beloved Vnckle by Our Fathers side the Duke of Simmern hath in conformity to the Golden Bull resigned as well the Tuition of Our Person as Administration of Our Estates at the time prefixed We having as it became us waited the time and now by the grace of God attained our full age doe thinke Our selves bound in honour and conscience to take upon Vs the Succession of Our Electorall Dignity and all things thereunto belonging as that whereunto God Nature and Our Right hath called Vs. To which purpose We doe now present our selves both to your Imperiall Majesty of whom We have in due forme demanded Our Investiture as also to have all Kings Electours Princes and Estates in that Electorall quality which belongeth to our Birth and Succession hoping that yee will not onely receive and acknowledge Vs therein but also assist and maintaine Vs in Our illitigable Right Here
solemnity the said Investiture declaring and conditioning therein as it appeareth by his finall resolution taken upon the last advise of the said Electours 23. Februar 1623. That as he never purposed in the least manner whatsoever to derogate either from the preeminence of Electours or from the Constitutions of the Empire or his owne Capitulations so hee did not intend by this investiture to prejudice any in his right To which end Hee would have this clause inserted into the investiture of the Duke of Bavaria namely That it should no wise wrong the Emperour or the Empire or the children of the Palatine or his brother or the Duke of Newburg or any other of his Agnation who might justly have any pretence All which should be expressely reserved and withall possible speed decided by transaction or by law Insomuch that upon sentence given in favour of the Palatines brother and next of Kin the Electorall Dignitie and what shall be more adjudged shall escheat and belong unto them after the death of Maximilian Duke of Bavaria wherein they shall be also invested by the Emperour And hereunto the said Duke of Bavaria upon communication had thereof not frustrating the good opinion of the Electours Princes and Ambassadours now assembled hath accommodated himselfe and is willing to prouide sufficiently for that point by his Reversall letters wherein He hath sincerely testified his true intentions to the Emperour and Empire and to publike peace and tranquillitie The same was confirmed by the Emperour in his letters to our said Royall Grandfather the King of Great Britany dated from Ratisbone the 5. March 1623. wherein are these words Letters of the Emperour confirming the same to King Iames. Concerning your Nephewes by your daughter and those of the Palatines Agnation as it was never in Our thoughts to prejudice the right of any by this Our declaration so it is our will that a doore of grace and equitie bee alwaies left open to their pretended succession in the Electorall Dignitie Here we will set aside what passed from the first beginning at Rome betwixt the Pope and Cardinals for advancing this injurious translation and Investiture as also What was promised by the Duke of Bavaria to the See of Rome in acknowledge ment of his due obligations all to the disadvantage of the honour and preeminence of the Empire But soone after that the Investiture was dispatched Our Electorate Princedomes Countries people and Subjects were in a manner strange and unusuall in the Empire torne and shared into diuerse peeces Our Princedome of the High Palatinate was conveyed hereditarily to the Duke of Bavaria for the redemption of the upper Austria which was morgaged to him by the Emperour for his charges in the warre Afterwards the Governments of the Low Palatinate on the same side of the Rhine were set unto him at sale on a certaine price as appeareth by the Briefes intimated to Our Subjects The most part of the Nether Palatinate on the other side was consigned into the hands of the King of Spaine by way of compensation for the great costs which he pretended in the war The Government of Germershein fell to the Arch-Duke Leopald Vtzberg and Vmstat to the Landgrave of Darmstat The Bergstrat to the Bishop of Mentz Barchstein and Weiden to the Duke of Newburg And others there were who carried away peeces of our Inheritance as if it had been a common spoile All which was flat contrary to the Golden Bull to the fundamentall lawes of the Empire to the Rights Customes Priviledges and Investitures of former Emperours and to the promises of this For the Golden Bull doth in many places clearely forbid the renting and dismembring of Electorall and feudall Countries In the 24 Chapter Lawes against dismembring the lands of Electours thus it stands We therefore will and ordaine as a perpetuall law that the High and Noble Princedomes to wit the Kingdome of Bohemia the County Palatine of the Rhine the Dukedome of Sax. the Marquisate of Brandenburg together withall their lands limits homages and Fees thereon depending shall in no wise bee severed or devided but shall remaine whole and entire for ever And in the 20 chapter thus We ordaine by this our Imperiall Act to endure for ever that every one of the said Princedomes their severall Rights Voyces Offices and Dignities Electorall with their appurtenances shall inseparably remaine ioyned and united And a little after Seeing therefore these bee things inseparable they can neither be divided in themselves nor by iudgment of any Court neither shall any one bee heard who soliciteth such a sentence or if perchance any hearing suite or sentence shall bee hereafter sought or granted by errours or other meanes against this our present act We declare the same and whatsoever shall follow thereupon to be nought in law without worth and validity By all which passages every eye may see where this translation Investiture sharing dividing bargaine and sale of our Estates Dignities are to be lodged But for all that the Duke of Bavaria was thus invested and put in Possession of the Electorall Dignity Voyce and Office it cost both Him and the Emperour himselfe much paines and labour and that not without certaine Articles and conditions before they could induce the two Electours of Saxony and Brandenburg to receive him into their Session and society in the Colledge To beginne which worke the Duke of Bavaria brake the yce earnestly requesting the Electour of Mentz then living by letters dated at Ratisbone 4 of March 1623 to doe his best offices with the Duke of Saxony declaring reciprocally Declaration of the Duke of Bavaria to execute the Electourship That since it pleased his Imperiall Maiesty to thinke it necessary for the common good to conferre the Electorall Dignity then vacant upon him and that in such a forme as preserved the Right of Agnation and interest therein He had submitted to His Imperiall pleasure and was ready by the helpe of God to confirme Himselfe and all his actions to what the Golden Bull the Electorall Dignity the lawes of the Empire and more particularly the sanction of Civill and religious peace did require Whereupon the Electour of Ments beganne to deale with the Duke of Saxony and many reasons to perswade Him to acknowledge the Duke of Bavaria for Coelectour as appeareth by his letters from Ratisbone the 11 of March 1623. from Aschaffenburg 7 October 1623. Item the 3 Novemb. 8 December of same yeare as also from thence of the 13 February 1624. sent to the Electour of Brandenburg Moreover the Emperour himselfe pressed the said Electours by many messages and exhortatations wherein He used the Marquis Ernest of Anspach and principally the Baron Hanniball of Dohna yea and to make the matter the more easie the Electour of Mentz tooke a iourney to the Electour of Saxony in person Insomuch that after much writing divers conferences specious arguments and faire promises the businesse was so farre advanced
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