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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 MANIFEST OF The Most Illustrious and Soveraigne Prince Charles Lodowick 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 LONDON Printed by A.G. for I.N. and R.W. And are to be sold at the signe of the Kings Armes in Pauls Church-yard M.DC.XXXVII The Preface THe State of Empires Kingdoms and all Societies is best knowne by those Lawes Orders Contracts and Constitutions which by common consent are for the time being established amongst them for State is from standing and that present condition wherein a thing standeth is the State thereof What hath been heretofore or may bee hereafter doth rather belong to their Story than their State By this Line we may measure the Germane Empire at it hath long stood and yet standeth though like an old house nodding to the ground J will not describe the whole frame therof but onely such parts as may give light to the ensuing discourse Looke wee therefore backe to former times and we shall finde that Germany like a vast body was cut and mangled into divers Nations Formes and Governments till the Raigne of Charles the Great about 800 and odd yeeres agoe Jn His dayes the great Roman Empire split into two whereof the Westerne part fell to His share which Hee after subdivided among His sons Charles had Germany Lodowick had France Pipin had Italy But Germany is the greatest carried away the Imperiall Title from the rest which caused great dissentions not onely betwixt the three pretending Nations but also among the Princes of Germany after Charlemaines Line was out At last Hugh Capet setting up a new Race in France to secure His owne posterity was willing to let fall the strife for the Title and yeelded it to Germany But Italy tossed with the furies and ambitions of the Popes ever rebelled against the Emperours and inward broyles fowlly defaced Germany Till at length the Princes tyred and consumed with these evills were forced to advise together for their owne preservation and the Empires Then was produced this forme of State which hath continued without change many hundred yeeres First they made a Law That the Emperor from thence forwards should be chosen among themselves whereby all pretentions should bee restrained Next they appointed the choosers whereof according to those times three were Bishops Mentz Tryers and Collen and three Princes the Palatine Saxe and Brandenburg These sixe doe onely and properly constitute that Colledge which is called the Supreame Councell of the Emperour and Foundation of the Empire But because their number was even and in Elections it must be odd the King of Bohemia was added to them that in the Colledge might be a casting voyce for He hath onely Electorall Right at times of election and is never else admitted into the Dyets or Councels of the Colledge This Colledge was then ordained with prepetuall elective power Insomuch that when any was chosen by the Chapters of Mentz Tryer or Collen to bee Bishops they were immediately likewise Electours but because they could not marry and were alwaies chosen there was no need to povide for their succession But the case was different of the Electours temporall For they being great and Soveraigne Princes before they were Electours had no meaning to make there Estate worse by that Addition And therefore it was enacted as an irrevocable Law that their Electorall Dignities and Temporall Princedomes should goe together and bee entayled upon their eldest Sonnes and Heire-males descending from them by the Fathers side for ever For they held in necessary to cleare the Succession in those Houses which had perpetuall Right to choose the Emperour well fore-seeing that it might bee no lesse pernitious to the whole body to dispute who should be Electour than it was before who should be Emperour whereas now the whole Empire might certainely know where the Dignity would descend and so be alwaies at rest from whence it appeareth that on the certainety of the Colledge the Jafety of the Empire dependeth Now this Right of succession is so rooted in these Electorall Families and in every one of their Male off-spring that it cannot bee plucked up nor alienated nor forfeited nor transferred by any resignation or delinquencie but onely by failing and extinction of blood in which sole case both the Dignity and Inheritance revertes unto the Empire as a Fee thereof The summe of all is that by this Policie and Constitution of the Empire which hath bin confirmed by such continuance of time the Emperour is Elective and the Electours Successive and in the mutuall oathes which passe betwixt them the Emperour is bound deeper to them and by them to the Empire to preserve them all in their immunities than they to him who onely sweare homage and fealty not as His but as vassals of the Empire In which relation if afterwards any or Electour or of an Electorall House shall commit the highest crime though as great as Treason yet they cannot bee punished much lesse deposed by any power of the Emperour who is not the Lord of their Fee but by a lawfull tryall before the Electorall Colledge and estates of the whole Empire of which onely they doe depend As vassals of the Empire they may be tryed for their offence and punished in their owne persons but as Princes and Soveraignes in their estates they cannot be tainted in blood nor by their crime prejudice the succession of their Heires which is the difference betwixt the Regally of these Electorall Tenures and those of other Nations for their treason doth taint the blood and disableth the Sonne to succeed the Father because the Sonne succeeds in the Fathers Right which the Father having forfeited the Sonne hath nothing to succeed but heere the Sonne succeedeth not in the Right of his Father but of his owne by reason of that first and Originall Contract made with his Ancestours wherein Hee was invested and comprehended as well as his Father and cannot be excluded from his owne Right but by his owne offence Which seemeth to bee a most just and naturall sanction That if every owne will looke to his Innocence the Law will looke to his Right And this may suffice for a small Jntroduction to the worke CHARLES LODOWIKE By the Grace of God Count Palatine of the Rhine Archidapifer and Prince Electour of the Sacred Empire Duke of Bavaria c. To his Imperiall Maiesty To all Kings Potentates Electors Princes and Estates within the Empire and whole Christendome Addresseth This his ensuing Manifest The Manifest IT hath beene the constant custome amongst sundry Nations of the world from the beginning thereof to this present age that in all hereditary kingdoms and principalities the succession should descend upon the eldest Sonne or the next males in blood to
occasion that the Empire should longer groane under those miseries oppressions which threaten utter destruction And therefore if the Rights of all Parties may be so provided for that none may suffer wrong we are contented to redintegrate the Colledge by acknowledging the Duke of Bavaria for Electour But before he be put in possession we think it needfull first of all that all the Armies speedily dislodge out of the Lands and Territories of the Electours Princes and Townes Imperiall whereby it may appeare that the said Duke be received for respect to the Emperour and zeale of publike peace rather than by constraint which caution is the more reasonable because the troops of the Duke of Brunswick and Count Mansfelt are utterly routed and disbanded and all the Evangeliks have licensed their souldiers so as there being nothing more to be feared it would be unjust and against the lawes of the Empire to burden it with souldiers when there is no warre and oppresse those parts with superfluous charges which live in quiet and obedience Secondly that letters of recognisance be given by his Imperiall Majesty as also by the Duke of Bavaria fully testifying that neither the Ban of the Count Palatine nor Translation of the Electorate shall be any way hereafter alledged to the preiudice of the Electorall greatnesse and dignity or of the Golden Bull or Imperiall Capitulation or else of the Electorall Princely Houses in their severall Rights and Investitures Thirdly that the Rights of all those shall be no wise diminished to whom the Electourship Palatine belonged before the said Ban or Translation but that in their severall degrees they may after the death of the said Duke of Bavaria be admitted into their Rights without delay Vpon these Conditions we shall not refuse to acknowledge the said Duke for the present and the rather because whatsoever shall hereafter happen the Suffrages which we have delivered in open Counsell and which are inserted in the Records of the Empire will beare us witnesse to all Posterity that we failed not in due time place and manner to represent all things which our oath and Electorall Office required The Electour of Brandenburg in his answere given the Baron Hannibal of Dona dated at Coningsberg 22 May 1627. thus declareth The only cause which hath hitherto stopped His Highnes from agreeing to the point of Translation was That he thought it would rather sowe the seeds of discord than be a bond of peace and stirre up forraine Armes then quiet all at home since He hath found by experience to the great losse and ruine of His Countrey as well as other Estates that he was not mistaken in his beliefe But forasmuch as His Highnesse understandeth that His Imperiall Maiesty is out of hope that the Empire would ever be appeased unlesse the Electorall Colledge be first unanimously conjoyned by the introduction of the Duke of Bavaria That on his part he might further the Counsells of Peace and Prosperity of the Empire and avoyd the imputation of future Calamities His Highnesse is not unwilling to beare respect and obedience to His Imperiall Wisdome and conforme himselfe unto His will by receiving and acknowledging the Duke of Bavaria for a Coelectour during his life upon these tearmes and reservations First That he intendeth not by this Act any way to depart from the Suffrage and declaration of his Conscience made in the Diet at Ratisbone touching the publication of the Ban and Translation of the Electorate thereupon ensuing Secondly That thereby He will nothing derogate from the preheminence of the Electorall Colledge nor from the Sanctions of the Golden Bull nor Lawes and Constitutions of the Empire nor the Capitulation Imperiall nor yet from the Rights and Investitures of other Electorall and Princely Houses against any whereof He meaneth not that this His Act shall be drawne in consequence Thirdly He purposeth not in the least manner to prejudice by this His declaration the Cause of the Prince Palatine nor His Children Brother Blood or Agnation much lesse to contribute to their exclusion or any was to charge Himselfe with the Palatine Cause Wee are not ignorant that neere twenty yeeres agoe and now afresh since the Translation of our Electorate certaine rumours have been spread abroad especially in the Courts of forraine Princes as if the Electorall Dignity had of old beene an exed to the House of Bavaria and not of the Palatinate and that heretofore Contracts of alternation had beene made and observed betweene both Houses that they should enjoy the Dignity by turnes All which hath beene forged to this end that it should not seeme strange that the Session and vote Electorall which had been so long neglected by the Predecessours of the Duke of Bavaria should be restored by his industry and returne to the proper house Not to enter into the debatement or this Cause which is a digression from the purpose nor to repeate that which persons of quality have published to refute this vaine pretention we will wholly referre our selves to the Golden Bull as to that supreame and fundamentall law which can onely determine this cause whereby it will appeare whether the Electorate belong to the Bavarian or Palatine Line and what is to bee judged of the pretended part of alternation In the 7. Title thus we finde it Law for entailing the Electourship upon the Palatinate and not on Bavaria Since therefore it is commonly knowne to almost the whole world that the King of Bohemia Count Palatine of the Rhine Duke of Saxe Marquis of Brandenburg have by reason of their Kingdome and Principalities the Right Suffrage and Session to chuse with the Ecclesiasticall Electours a King of the Romanes and install him Emperour And that they are therefore established as true Electours of the Empire with authority to make Elections c. And in the beginning of the 20. Title Whereas all and every one of the said Princedomes by vertue whereof the Temporall Electours have full power right and suffrage to elect the King of the Romanes and make him Emperour together with their rights functions dignities and appurtenances are so straightly knit and united c. By another Edict of the Emperour Charles the 4. who enacted the Golden Bull the same was confirmed Anno 1356 in these words That the right of Election was annexed and founded upon the County Palatine his Imperiall Majesty and all the other Princes had certaine knowledge and no doubt was to be made thereof And a little lower For as much as we firmely know that the voice and Power Elective are founded with such right in the lands of the County Palatine and office of high Truckcesse that the one cannot subsist without the other To this may be added That the Count Palatine by reason of the Palatinate and not of the Dutchy of Bavaria is provisionally the Vicar of the Empire as the Golden Bull clearely ordaineth in the 5 title As often as the Empire shall fall in vacancy