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A12952 A bevvayling of the peace of Germany. Or, A discourse touching the Peace of Prague, no lesse unhappily than unjustly concluded at Prague in Bohemia, the 30. of May, 1635 Wherein the subtilties and practises of the Austrians, the weakenesse of the Saxons, the dangers of the protestants, and the justnesse of the warre, deservedly set on foot by the French and Swedes, are most evidently declared. Written in Latine by Iustus Asterius, otherwise Stella, a Germane, now one of the advocates in the Court of Parliament of Paris, and historiographer to the French King. Faithfully translated out of the Latine copie. Whereunto is prefixed a briefe summarie of the treaty of peace concluded at Prague, as aforesaid, &c. Published by authority.; Deploratio pacis Germanicæ. English Stella, Johannes. 1637 (1637) STC 23245; ESTC S117796 60,029 180

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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
Empire all the States and Citizens thereof might enjoy their equall right and common quiet Why did he leave the affaires of the Imperiall Chamber and holy Consistory from whence all the troubles and dissentions have hitherto sprung undecided and to bee decided meerely at the Emperours pleasure and determination If hee intended by this Trans-action to redeeme the Peace of Religion the Libertie of teaching the Confession of Auspurgh throughout the Empire and the salvation of so many soules as hee pretendeth Why did hee permit the free exexcise of their Religion to bee prohibited to so many thousands of men in Bohemia Sylesia Austria the Palatinate and the Bishoprickes of Halberstad and Auspurgh so many Ministers and Citizens being banished for their beliefes sake to endure a perpetuall exile out of their native country If his purpose were to establish an honest solemne and publike peace and such a one as should be profitable and honourable to himselfe and all his confederates Why did he begin with ingratitude the worst of all vices in turning his perjured Armes against his allies by whom he had beene once and againe delivered from certaine destruction and ruine long since sworne against him by the Austrians The monstrous ingratitude of the Saxon. For with what title of right can so detestable a treachery so horrible a treason bee excused with what shew of Iustice can it be cloaked in which those same men whom you called to your party for their safetie are delivered over by you to them that are saved to bee totally destroye And those men of whom you though unworthy obtained life and preservation the same being most unworthily proscribed are by you robbed of their life and honour and so you make your friends most angry with you not onely after but even because of the benefits received of them by you Seneca de beneficiis lib. 3. cap. 1. Hee is commonly judged to be an unthankefull man who either denies himselfe to have received a benefit or having received one concealeth it hee is more unthankfull that requites it not but he is most unthankefull of all that hath forgotten it For the former although they repay not yet they remaine debtors and are often brought in time to requite a favour received This latter can never bee made thankefull who refuseth to be a debtor for much more to requite that hee hath received But these things as they are effects of an ancienter crime so are they of lesse note and infamy A new kind of ingratitude here discovers it selfe an abhomination to God an amazement to posterity and a thing to be owned by Adrastia her selfe which doth not onely not acknowledge not requite not thankefully esteeme a benefit received but for good deeds returne mischiefes for good deserts Injuries and for favour destruction The most renowned King of the Swedes year 1630 Gothes and Vandals ever of a most venerable and triumphant memory did revenge private Injuries by a peculiar Warre against the Austrians The Elector of Saxony then the encourager and leader of the Protestants now the forsaker and betrayer of them though hee feared the common Enemie yet hee refused a mutuall joyning in armes and by his unhappy delaying of time suffered Magdeburgh to be destroyed Soone after that year 1631 being vanquished by the whole power of the Austrians when as being in a manner shut up in Dresden hee saw himselfe farre too weake for his Enemies being then made more wary by his owne danger then by another mans Vpon a publique Trans-action made at Torgaw the first of September 1631. The Transaction of Torgaw 1. September 1631. he called for aide from the most renowned King of Sweden he entred with him into a society of armes Counsels he delivered up to the Swedes the passages and forts which were upon the river of Elbe hee offered pay ammunition and provision of corn necessary for his Souldiers making an Inviolable promise and oath that hee never would accept any peace without their consent And so by this Conjunction of armes being delivered from the present danger of death by the Valour of the Swedes for his owne forces did now begin to gaspe hee obtained that most famous Victory of Lipsich and the preservation of his rights and territories The battell of Lipsich 7. September 1635. and forthwith to shew his due thankefulnesse hee appointed publike supplications to be made for the preservation of the King who was now become a triumpher over his Enemies a defender of his owne and a recoverer of the Germane libertie hee ordained the seventh day of September being as it were consecrated to the memory of that Victory to bee solemnely observed in all Churches of the professors of the Gospel and he did celebrate the Protestants day of deliverance gotten by the Swedes in Bookes published through the whole Empire Shortly after as the spirits of those that are most fierce in slaughters are many times tender Mercur. Gallobelg tom 18. lib. 4. p. 32. when the Marquesse of Caderet the King of Spaines Embassador under a pretence of an ancient amitie betweene the Houses of Austria and Saxony endevoured to draw away the Saxons from the Swedes he answered his Agents nobly and couragiously That he could not recover the desperate condition of Germany nor save his Country being now in a languishing distraction by any particular accords that divers examples have heretofore showne that such accords would not effect an universall Peace in Germany but rather worke greater mischiefes Neither if he should make any such that any colour of excuse could bee left him before the King of Sweden and the Protestant States But after that glorious King did at the battell of Lutzen even by his very death triumph over his Enemies The battell of Lutzen 11. November 1632. The skirmish at Nordlingen 27. August 1634. and that at the skirmish of Nordlingen the affaires of the Swedes did seeme by little and little to decline The Duke of Saxony who before had stirred them all up to armes and rebellion as he now called it began to revolt from his Confederates and shortly after by secret messages and after that by publike trans-actions to make an accord with the Common Enemie and to purchase his owne establishment with the ruine of his allies and his domesticall peace with making Warre upon strangers So being circumscribed within the transaction of Prague The Transaction of Prague published the 30. of May. 1635. he denounced hostile armes against them by whom hee had twice or thrice beene delivered from present destruction and who by the death of their owne King had preserved his life and by the effusion of their owne saved the shedding of the Saxons bloud This great office of exceeding favor was utterly lost upon them being bestowed upon the most unthankfull of mortall men who esteemed it as the highest merit to deserve worst of those that had deserved best of them All good offices came to bee