Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	duke_n	king_n	son_n	9,198	5	5.4723	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

person and obser ultima n. 32. the Ban saith hee expires with the death of the outlawed per L. the crime or punishment of the father can lay no blemish upon the sonne 26. ibi Nor can he bee made successor of another mans offence D. de poenis per L. defuncto D. de publicis judiciis per L. 1. final C. si reus vel accusatus morinus fuerit adde L. publica 3. D. de publicis judiciis allegat infr Secondly he should be compelled to confesse and acknowledge that hee is no Prince of the Empire because he hath need to bee admitted into that order But they who doe not esteeme him for a Prince of Germany that is of the Empire must needs praesuppose him either to have beene a bastard or sprung of some obscure Race and that his Parents were not Princes unlesse they would call him a Prince of England or Spaine or France or some other Empire but this is falfe unlesse that he may bee deservedly stiled a Prince of England as being a Prince of that royall blood as the other is diabolicall The rights of blood inquit lex cannot be taken away by any Civill Law by which the Outlawrie is brought in L. jura 8. D. de regul juris L. jus agnation 34. D. depactis The sonne of the proscribed Prince of Anhalt though taken prisoner in the battell of Prague never needed to be restored againe to the dignity of Princes but ever even in his captivity because himselfe was not proscribed nor could the Ban of his Father by any law bee of force against him he was alwaies accounted and called a Prince even by Caesar and the Imperialists though his Father was not yet discharged of his proscription So also the sonnes of Iohn Fredrick Elector of Saxony were accounted amongst the Princes and acknowledged for Dukes of Saxony and so stiled though their father was then proscribed and in captivity And now who can deny that the children of King Fredericke the Counts Palatine that is Princes of the Empire should be acknowledged for personages of that dignitie The Emperour himselfe calles them by no other name nor otherwise can he call them But it is sufficiently knowne what it is to be a Count Palatine in the Empire and sprung from the Electorall house of the Palatine This name and title belongs to no other man nor is given to any but him onely that is a Prince To be stiled the Count Palatine and reckoned amongst the Counts Palatine is all one as to be a Prince of the Empire in such a ranke and degree as by the order of the Empire is granted to the Counts Palatine which are the first and chiefe amongst other Princes The title of Count Palatine is of a higher esteeme in the Empire than that of Duke and Prince And therefore in the marshaling of their titles and dignities the Princes Palatine preferre the name of Count Palatine before the title of a Duke Are not the Children of King Fredericke sonnes to the Neece of the King of Denmarke by his Sister Are they not Princes of the royall blood of England If they had nothing else to show but this prerogative of birth and the splendour of their fathers linage should adde no honour to them who could deny that they were Princes who durst presume to dispute and take away this privilege from them derived unto them from their mother their Grand-mother and their Great Grand-mother all both Queenes themselves and Kings daughters for any sentence against their father And therefore by what law or ground is it ordered that Charles Lodowicke the Electour borne Count Palatine and that litle lesse than three yeeres before his father was proscribed should need to bee restored into the number and degree of the Princes of the Empire It is great cruelty to compell the sonne by his owne confession and acknowledgement to iudge and declare his owne father whom in his soule and conscience he doth conclude guiltlesse for a Rebell Enemy and Traytor to Caesar but more cruelty if he be constrained and enforced to confesse himselfe an offender who is no way conscious of any offence nor by reason of his infancy could doe any and so deprive himselfe of his priviledges dignity and prerogative of his parentage But it being granted which can never be proved that the father was a most hainous offendor and had committed rebellion and treason in the highest degree and was therefore justly condemned to banishment and deprived of all rights and priviledges yet this sentence ought to be no plea in barre against his children conceived and borne before sentence of their fathers proscription especially in those things which concerne that dignity which was borne with them their privilege of nobilitie and such things as descend not from the person of the father but are due unto thē by right of blood the right of their family by the covenant and transmission of their fore-fathers and by the disposition of the Law as are the Electorate and the Principalitie of the Empire that is the royall antient Fees which come not by name of inheritance nor by succession of the father but by right of the first and Simultaneous investiture and the grant of the first acquirer c. 1. § postea vero gloss in d c. § cum vero Conradus in verbo frater lib. 1. de fend tit 1. De his qui feudum dare possunt Baldus ad Rubric de succession feudi ad § Hoc quoque n. 4. The sonne saith he comes not in as a common heire but by right of blood which is unchangeable in c. 1. § finali Evae fuit prima causa benefic amittendi By birth-right saith he forme of investiture being set down by the Lord from the tenor wherof there must be no variation the son succeedeth in the fee. Iulius Clarus prime Chancellour to the King of Spaine regent in the province of Millain lib. 4. sentent feudum q. 66. proveth that the crime of the Father doth not exclude the son from the antient fee lib 5. sent § laesae Maiestatis n. 10. that the punishment of the Father for high treason is of no force against the children which are borne and conceived before their fathers trespasse upon which Baiardus noteth that the Fathers punishment is praejudiciall to the children only in those things which descend to them from the person of their father not in other things as namely those fees to which they succeed by covenant and provisoes Adde hereunto Boerius who decision part 1. q. 10. n. 6 affirmeth that the sonnes for the Fathers offence cannot be deprived of the estate setled upon them before the offence done that the sentence hath no force against them which are borne before but onely after the offence committed Cynus in d. l. Quisquis Alciate who Consil 467. n. by the common received opinion denyeth that the sentence concerneth those children who are lawfully conceived and borne

unlawfully unjustly and for no cause but hatred and desire of revenge proscribed But to the purpose For a long time there was no newes of the answere promised to the English Ambassadour At last a paper drawne up the 14th of the calends of February a declaration or notification ye may call it either was sent over into England to this effect That his Imperiall Maiesty as soone as Hee knew the chiefest difficulty which hindered this negotiation from the desired effect of their more neere alliance and confederation depended on this that the most Illustrious King desired some more ample satisfaction concerning his Nephew in point of the Electorall dignity had not intermitted with much care to seeke and finde out all those meanes which were requisite for the passing of that difficulty by conferring of that businesse both with the Illustrious Electoral Colledge and with them who were more particularly intressed therein and without whose consent His affaires being as they are it stood not with the integrity of His Imperiall Maiesty to conclude When therefore some meanes were discovered which gave some hope that the foresaid difficulty concerning the Electorall dignity though the Line of William sometime Duke of Bavaria was still remaining might be over passed and some more ample satisfaction given to the most Illustrious King of Great Brittaine his Romane royall Majesty would omit no time to signifie so much to Iohn Taylor Agent in that negotiation for the King of Great Brittaine and lest there to that purpose who should acquaint his King therewit● as soone as might be and 〈◊〉 knew how to provide that a sufficient Commission to retreate and conclude this businesse of restitution and confederation might be transmitted to him with all speed or given to some other who should bee sent over for that dispatch And this is a briefe and compendiary Relation of those things which have beene done spoken and written on both sides in this solemne Ambassie But now for the easier understanding of the consequents it is first to be observed That the English Ambassadour in the beginning of his Legation in the first proposition and againe in another declaration to the Emperour made an exception against that Decree of Caesar as they call it of the 24. day of February both by rejecting it as a nullity and frivolous as also by shewing that the Conditions therein prescribed were far beneath 〈◊〉 hope and expectation which the most Illustr●●us King of England conceived of the intire restitution of the Palatinate that is as well of the Territories as the Electorall Office and therefore might give just cause of doubt and diffidence of successe in the businesse and of superseding his endeavour by dispatch of his Legation unlesse that otherwise and that by Taylor himselfe to whom that decree was delivered a more ample better seasoned and firmer hope and caution were given in the name of his Imperiall Majesty of a firme and full satisfaction and gratification concerning the restitution of the Palatinate And surely it is not to be questioned that the most wise and mighty King would ever have sent His Ambassadour for such jeiune and frothy Conditions so full of dishonour and prejudice as were contained in that writing for unlesse He had a better and more certaine foundation of His hope and beene induced by other arguments and perswasions he would have spared His expence in so honourable a Legation Besides it is to be considered that the Emperour in his first answere which he gave the Ambassadour at Lintz the 30. day of Iune did silently acknowledge that that hope proceeded from himselfe because that then he neither contradicted it nor excepted against it and further by his silence allowed that exception which the Ambassadour the 18 of Iune had propounded against the said Decree of the 24. of February and acknowledged it to be grounded upon trueth and reason But afterward when he so confidently contradicted it adding withall that He wondred upon what ground the Ambassadour supposed that he administred hope either of more ample grace or fuller restitution than what was contained in the often remembred Decree It was a signe that hee resolved not to vary from his first determination whatsoever any others might say or beleeve to the contrary And now it is worthy your labour to consider and enquire what and of what quality those offers made by Caesar were which are so often repeated and are commanded to be esteemed at so high a rate and to be reputed for a singular kindnesse and then under what conditions they were to bee exhibited and of what qualitie those things are which are againe required to bee performed by the King and Charles Lodowicke the Electour in acknowledgement of so great a favour First the Emperour offers to absolve Charles Lodowicke from the Imperiall outlawrie which is derived upon him for his Fathers offence to that end and purpose that he may be received to the state and degree of a Prince of the sacred Romane Empire A goodly favour questionlesse for him who is a Prince borne and by the law of the Empire his owne priviledge and right of Primogeniture an Electour that not by his fathers favor and the way of inheritance but provision of the Law and Covenant of the first Atchievour and by the priviledge of his family doth succeed into the Electorate If hee accept this offer of Caesars in that sense it is profered hee is forced to acknowledge and confesse first that the over hastened 〈…〉 Ban against his father was lawfull and just and promulgated according to Law Secondly that the same proscription standeth also in force against him no otherwise than if hee himselfe had beene proclaimed a proscribed person and had neede of pardon Either of which he could not doe but with prejudice to his most manifest right and by branding both his blessed father himselfe and his with a note of ignominy Nor could he do it with a good conscience or without the crime of greatest ingratitude both because he should wound the honour and estimation of his father whilest by his silence hee should in a manner acknowledge and confesse him to have been a rebell enemy and traytour to his Imperiall Majestie and therefore lawfully proscribed as also because he is perswaded in his conscience that his father is wronged and the Ban denounced against him is unlawfull and of no validitie and if it had been decreed and pronounced legally yet it cannot reach his owne person as being innocent and was borne long before the proscription published having attained to a right that was acquired and not succeeding his father as the last possessor but the first purchaser by the feudall and fundamentall law For a proscription as Andraeas Gailius a great Civilian and laterall Iudge of the Imperiall Chamber Counsellour unto two Emperours and sometimes advocate for the Duke of Bavaria saith proveth Lib. 2. de pace publica obser 15. num 19. is personall and dies with the