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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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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
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
a Partie whether because he humbly and submissively desired his restitution and investiture of Caesar Whether because he hath tendred him all obsequie and observance Whether because the King his Uncle in his behalfe did send an Ambassadour to the Emperour and his Electours whether because by the daughter hee is the Grand-child of King Iames and by the sister the Nephew of King Charles and the Nephews Sonne of the King of Denmarke and kinsman to the King of France Some such thing must be which hath given the offence But why is not the offence and the cause thereof expressed for which he must shew such a kind of submission and humiliation as is not usually required nor performed but by delinquents and such as acknowledge themselves to be great offenders Wherefore is there not a word mentioned why Caesar is so offended with him that hee must needes become a Suppliant by seeking with so much humility the benefit of his reconciliation Secondly He is bound to renounce all Leagues and Covenants whatsoever which either He Himselfe or haply His Father hath made with any Kings or States whatsoever as well within as without the Empire Heere he is enjoyned to bid farewell for ever to all Assistants and friends and solely to rest upon the meere favour of Caesar and to lay the foundation of his hope and fortunes upon those uncertaine and doubtfull propositions But by this meanes he should not onely injure and be extreamly ingratefull towards his better friends and acquaintance who have entertained Him his Father Mother Brethren and Sisters exiled and hitherto have preserved them safe as in a Sanctuary and accumulated them with all kind of Curtesies and friendly offices but also he should deprive himselfe ever hereafter of the power and liberty of looking for contracting leagues and friendship or entertaining Commerce and familiarity with whom he pleaseth It is neither wisedome nor safety to leave certaineties with dishonour and prejudice both to Conscience and Credit and to turne unto uncertainties which are both hurtfull and infamous with disgrace and ruine How miserable would be the condition I will not say of a Prince but of a Peasant who must suffer himselfe to be bound to so hard and unjust conditions that he should quite disable himselfe of all hopes of using occasions favours of his friends There is no example extant in which so generall absolute and indistinct renunciation of all leagues and covenants hath beene required of any Prince of Germany who hath hitherto beene restored unto favour Thirdly there must be satisfaction also given in other things of which it shall be determined hereafter in a future Treatise concerning a league to bee made with His Imperiall Majesty the King of Spaine and the whole House of Austria Hence it is collected that yet there are some other conditions to be exacted of the Electour and prescribed to him In all those there must first be satisfaction given in very deed and a league confirmed by the King of great Brittaine with the whole House of Austria and many other offices emoluments and assistance to bee granted according to the arbitrement and disposeall of Caesar and the Spaniard and then the Emperour promiseth He will performe his propositions These are things which the Emperour offreth and the conditions upon which they are offred And now if these offers be considered by themselves and in their owne nature without the conditions annexed they are such as will not onely bring no honour profit and benefit but rather ignominy losse and prejudice to him that accepts and consents unto them They are also unbeseeming the greatnesse of the Imperiall Majesty willingly and yet hardly offering so small things with so great exaggeration and as it were exprobation Moreover they are farre unworthy of the honour of the King who did require them and had deserved better to whom it would be a dishonour if so many intercessions Ambassies if so much expense of state in these attempts if his great kindnesse shewed to the Austrians his owne friendship and confederation with them if the moderation which Himselfe and the King His Father have manifested in the behalfe of Caesar and the House of Austria in the midst of these combustions if the continuall profits which the Spaniards get by England could procure obtaine and merit no more than some one part of the Palatinate not to bee contemned Surely these men either make small account of the desert league society and friendship of the King if they thinke it may bee recompensed with some shall portion of the Palatinate already exhausted and utterly ruinated or else they valew that portion and the favour of the Emperour at so high a rate that the friendship of so potent a King and his assistance may not bee compared with or preferred before it The whole Palatinate with the Electorall dignity and all the revenewes therereof especially in the estate that now it is where there is nothing beautifull or solid in it cannot be so profitable either to the King or the Electour his Nephew as at this time that sole Friendship of the King sitting still and carrying himselfe as a neutrall is to the Austrians As the puissance of no King Prince and Empire in the world at this day can bee compared with that by which the most Glorious King of Great Brittaine at this time excells and exceeds others so there is none which is so formidable and more to bee feared than that is which is alike fatall to the Austrians and Spaniards The Kings of England from time to time have beene very powerfull and for their commodious Scituation of the Iland and their command of the Sea have beene ever to bee feared But none of them did ever attaine to that height of power to which King Charles hath now ascended who with one breath rules and governes three the most powerfull flourishing and populous kingdomes abounding in the superlative degree with all things necessary for peace and warre and which is the chiefest and of most importance hem'd in with two great Ilands not without great difficulty to be entred who with an unconquered and continuall Navy is Admirall of the Sea and by most strong Garrisons keepeth the channell and as hee thinketh fitting right and necessary doth either open or shut it as his pleasure who hath assigned certaine annuall and continuall revenewes and profits to mainetaine a Navy and now and then to repaire it with new supplies at whose becke and will if hee please to command and use them all the Navies in the Germane Ocean in both the Balticke-seas in Denmarke about the coasts of the Neatherlands and Sweden are ready and will hoyse up sailes who enjoyes a most firme peace and encompassed about with a numerous Of spring reply rests upon many proppes and staies who goevrnes a most obedient people that accustome themselves to observe his commands with a willing minde who hath the command of a most warlike Nation and