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prince_n	charles_n	king_n	lewis_n	2,714	5	10.2681	5	false

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

and make it as an invasion of forreigne Provinces that is easily refuted by the vanitie of the lye it selfe For as it appeareth by the ancient and Authenticall Stories the Archbishopricke of Triers with the neighbour and suffragane Bishoprickes of Metz Toul and Verdun being very anciently united to the Kingdome of the French were at length in the yeare 943. by the misfortune and imprudencie of Lewis VI. called the Transmarine transferred unto the Emperour Otho II. Yet they ever after flourished and continued under the amitie and patronage of the French though Cities subject to the Empire and the Prelates of those Cities desired and obtained the aide and protection of the French without any prejudice to the Empire or detriment to their owne libertie As amongst others in the yeare 1337. Henry of Aspremont year 1337 Bishop of Verdun sued to King Philip of Valois In the yeare 1450. Conrade Bayer year 1450 Bishop of Metz sued to Rene of Anjou Duke of Lorraine and in the yeare 1467. year 1467 Lewis of Bourbon Bishop of Liege to Lewis II. the French King and to Charles the Bold Duke of Burgundy All these desired and obtained of these Princes support and protection against the Rebels or invaders of their Ecclesiasticall rights without any prejudice to the Majestie of the Empire And whereas that mercenary scribler aledgeth that by a most ancient League made betweene the Bishops of Triers and the Counts and Dukes of Lutzemburgh the Archbishoprick and Cities of Triers is and hath beene under the protection and Advocacie of the Dukes of Lutzemburgh and that therefore the most illustrious Elector of Triers ought rather to have sued for the protection of the King of Spaine who at this day is in possession of the Dutchy of Lutzemburgh then the forreigne patronage of the French is a frivolous and a foolish allegation For we know that some few ages since the Counts of Lutzemburgh did voluntarily offer their protection to them of Triers Guilielmus Kyriander in Annalibus Trevirorum p. 158. 194. 1374. and that the Emperour Charles IV. who was of that House to the end that he might purchase the Empire for his most stupid sonne Wenceslaus in the yeare 1374. did not onely pay unto Cuno Archbishop of Trires a huge summe of money for his Electorall voice but also promised him a mercenary protection against all enemies of what condition soever And that soone after year 1376 in the yeare 1376. a controversie betweene the Bishop and the Citie touching matter of jurisdiction being put over to him he did order that Citie State to be wholly and fully subject to the Prelate which notwithstanding is yet at this day called in question by the Citizens But we know also that this protection did not deprive the Archbishop of his absolute right nor that it did of one under the protection of the House of Lutzemburgh make him a slave unto the Spaniard that a Free Prince when the Patronage of his former Protector faileth him may justly obtaine the Protection of a new Patron especially when such a necessitie hangs over his head that he cannot bee preserved but by a most present remedy Which since the most illustrious Elector of Triers did when he was in danger to bee utterly destroyed by the Swedes being hard at his backe there is no reason why the Spaniards should bee offended at it who at that time were so farre from being able to give aide to others by right of protection that on the contrary they being ingaged in a most perilous Warre with the Hollanders did lose whole Provinces and Cities of their greatest strength as Venlo Ruremond Mastricht and Limburgh 4. Because the Emperour endeavoureth to make the quarrells of the Spaniards common to the whole Empire Neither is the cunning of the Austrians here to be passed over who whilst in the peace of Prague they make a shew to take care of the tranquilitie of Germany yet neglecting all the respects of the Empire they onely provide for the perticuler benefit of their owne For whereas there have been of old time many controversies and some Warres betwixt the French and Spaniards touching the Kingdoms of Naples Sicilye and Navar and touching the Duchies of Milan and Burgundy The French justly laying claime to those things from the Spaniards which had beene unjustly taken from them The Emperour denouncing publique Warre against the French makes the quarells which were particular to him and his common to the whole Empire ties and engages all the Princes to his owne domesticall interest and the better to maintaine the Tyranny of the Spaniards entangles all the Germans in a forreigne Warre A subtiltie long ago attempted by the Austrians but ever strongly rejected by the States of the Empire For so in the yeare 1492. year 1492 Extant apud Goldastum Constitut Imper. Tom. 1. 4. 1526. 1542. Maximilian I. in the Diet at Coblentz and Charles V. in his Epistle to the Electors dated at Madrid the 29. of November 1526. and againe in the yeare 1542. in the Diet at Spire did traduce Charles VIII and Francis I. the French Kings as disturbers of the Christian Common Wealth invaders of other mens Principalities and favourers of the Turkes and Heretikes and did in vaine desire that the Warres made against them out of private respects might be revenged by the power of whole Germany as injuries offered to the Empire After the same manner their successours have omitted no meanes of endeavour that they might by some publique device of the Diet proscribe the Confederate States of the Low Countries as Rebells to the Empire and gilty of high Treason for shaking off the yoke of the Spaniards Which neverthelesse the States of the Empire in the Diet at Wormbs in the yeare 1578. and in the late Diet at Ratisbone 1630. year 1578 year 1630 absolutely refused to doe 5. Because the cause of Lorraine belongeth not at all to the Emperour And the cause of Lorraine is most vainely aleaged to bee a motive for this Warre Because that Austrasia many ages ago united to the Scepter of the French and a principall Patrimony of the Kingdome of France under both the races of their Kings 980. at length in the yeare 980. it was taken away from the French by the King of the Germanes Aimoinus Hist lib. 5. c. 44. p. 510. editionis Freherianae Continuator Chronici Flodoardi qui extat To. 2. Hist Gall. editorum a V. C. Andrea Duchesnio 1636. p. 626. Extant ibidem p. 797. under a pretence of a right of homage to bee done to them for it and so it was by Lothaire the French King conferred upon the Emperour Otho the Second as a Fee against the will and liking of the Princes and Peeres of that Kingdome Vnto which things Gerbert afterwards Archbishop of Rheims and at the last Pope of Rome hath reference in his 35. Epistle where he saith That Adalbero Archbishop of Rheims tooke hostages

ought upon any condition whatsoever be cut in pieces divided or dismembred 7. The Bavarians had anciently no right to the Electorship The Bavarians perceiving the cause of translation to bee entangled with these difficulties and having many ages since sought for some pretext for their ambition doe devise most ancient titles for their new usurpation and doe affirme that the Electorall dignitie was not so much conferred upon them by Ferdinand the Second Gewoldus de S. R. Imperii Septemuiratis c. x. Fabius Hercynianus Cancellariae Anhaltinae P. 11. p. 83. 1215. of his grace and favour to them as recovered for their due by force of armes and if it being most unjustly taken away from the House of Bavaria by Charles IV in the yeare 1354. was in respect of affinitie translated to the Family of the Prince Palatine of Rhyne And that therefore the Princes Palatine unjustly but the Bavarians most justly did complaine of the alienation of the Electorall right and that they may therefore lawfully commence their suite for the recovery of the profits thereof which have beene enjoyed ever since Charles the Fourths time Therefore to the end that the impudence of this Imposture may bee made manifest to all men it will be necessary to open the state of the whole matter from the beginning Ever since the first institution of the Electors the right of electing the Emperour hath beene in the power of the Counts Palatine which were also Dukes of Bavaria as is manifest by the ancient Histories of those times And in the yeare 1215. year 1215 by the mariage of Otho Duke of Bavaria with Agnes daughter of Henry the last Count Palatine the Palatinate of Rhine was united with the Dukedome of Bavaria and Otho himselfe the first of the Family of the Bavarians in the right devolved unto him by his wife became Elector So the dignitie united with the Seignorie year 1295 remained in the House of Bavaria untill the yeare 1295. At which time Lodovike the Third being dead his sonnes divided his inheritance in this manner that Rodulph his eldest should hold the Palatinate with the right of Electorall power and Lodovike the younger the upper Bavaria and after his brothers death hee should hold the power of Election for terme of his life as appeareth by the Trans-action made betwixt them at Munchen 1313. Extat apud Gewoldum de S.R. Imp. Septemviratu p. 224. 1314. in the yeare 1313. But Lodovicke the younger following the fortune of the Warres whilest he bore armes against the Austrians in the yeare 1314. was declared Emperour by the Major part of the Electors his brother Rodulph and the Electors of Saxony and Collen bestowing their voices upon Fredericke III. of the House of Austria Whereupon grew a civill Warre in Germany Lodovike of Bavaria being the stronger in armes stripped his Brother Rodulph taking part with his enemies out of all his Territories and having proscribed him forced him with his children to retire into England where a little while after year 1317 with griefe of heart he died Yet soone after that Fredericke of Austria being taken prisoner and deposed Lodovike the Fourth mooved with commiseration of his Brothers children did by the Trans-action of Norimburgh year 1329 in the yeare 1329. restore to Rodulph the Second and Rupert Extat imperfecta apud Gewoldum p. 218. sonnes of his Brother Rodulph the First their Hereditary Seignories and dignities vpon this condition that they yielding up the prerogative of the Electorall right should divide the Septemvirall Suffrage with his sonnes Lodovik and Stephan and so both of them in their turnes should Elect the King of the Romans which Transaction though extorted from him by force hee did yet cause to bee published in the Dyet at Franckford year 1339 in the yeare 1339. But the Emperour Lodovike the Fourth being excommunicate and dead when Charles the Fourth King of Bohemia sonne in law to Rodulph the First year 1342 and Brother in law to the Brethren Palatine Princes came to sway the Empire Rodulph the Second and Rupert the Palatine Princes complained to the Emperour their Kinsman by marriage of violence and injurie offered them and challenging the entire right of Election to belong unto them as being the eldest sonnes did sue to have the Trans-action of Norimburgh touching the alternative Election betwixt the House of the Palatines and Bavaria abrogated as being most unjust and extorted from them by force So Charles the Fourth favouring the most just cause caused the businesse to be brought into debate and having obtained the consent of all the Electors and States year 1354 in the yeare 1354. restored the Hereditary right of the entire Electorall Suffrage unto Rupert I. the Palatine Prince for his elder Brother Rodulph a little before year 1356 in the yeare 1353. died and excluding Lodovike and Stephan Dukes of Bavaria published an ordinance touching the right and succession of the Counts Palatine in the voyce and election of the Roman Emperour and caused it to bee sent unto all the Electors Yea and about two yeares after in the yeare 1356. in a Diet held at Norimbergh 1356. Extat utrumque Mandatum Diploma apud Goldastum Tom. 4. Constit Imper. p. 345 caused a publike Charter confirming the same to be approoved and signed by all the Electors Which he the more easily effected because in the same Diet hee had conferred upon Lodovike the Roman sonne to Lodovike the Fourth Emperour the Marquisate and Electorate of Brandenburgh as a recompence for the right of the Palatine Electorate Whereby it appeareth that it is a most false calumnie of them that affirme that the Counts Palatine did by the connivence of Charles the Fourth take away from the Bavarian the ancient right of voyce and Electorall dignitie When as on the contrary it is manifest out of authentike records and all the Histories of those times that the Princes Palatine did in no sort invade any right of another mans and that was not due to themselves but did recover their Hereditarie rights which was extorted from them by Lodovike the Fourth by force and fraud and did unite it for ever to the House of the Palatines of Rhyne by the consent of all the Electors and Princes of the Empire And consequently that the Bavarians before their late intrusion had never any right at all to the Electorate nor were ever like to have otherwise then by a violent detention For let both the translations be compared that of Charles the Fourth upon the Prince Palatine Rupert and of Ferdinand the Second upon Maximilian of Bavaria and the Iustice of the one and the injustice of the other will appeare more cleare then the noone-day In the one Charles the Fourth did not so much out of grace bestow the Electorall Dignitie upon Rupert the Prince Palatine as of due restore it being taken away from his Vncle by force In the other Ferdinand the Second granted the Dignitie being taken away from

those wofull troubles in Bohemia And not long after that Anno 1621. though year 1621 when hee was advanced to the Empire hee had promised the States of Silesia by a solemne agreement made betwixt them that if they would leave the Party of the Prince Palatine Fredericke hee would religiously preserve all their Rights and Priviledges both Ecclesiasticall and Temporall Yet for all this when the Prince Palatine was dispossessed he did presently after with all the strength hee could contrary to his covenants and promises every where abrogate the Profession of Auspurgh And although in the yeare 1619. year 1619 at his Election at Franckford by a new agreement amongst other Articles of the Emperours Capitulation hee had bound himselfe to the Electors and Protestant Princes of the Empire by a particular Oath for the defence of the Peace of Religion in Germany yet notwithstanding when hee had gotten the upper hand in the Empire year 1629 hee did by the Edict of restitution proscribe all the possessions of the Church that were in the Lutherans jurisdiction and prohibited the Exercise of the Religion of Auspurgh in them which gave the occasion of this most bloudy Warre in Germany And though now year 1635 the necessity of his affaires urging him to it and being spent with Warre he hath made a Peace for forty yeares with the most powerfull of the Protestants Yet hath hee not layd aside his former purpose of casting out all his adversaries under the name of Heretikes and of stripping them of all their strength under the colour of restoring the possessions of the Church and of preserving no other Peace in Germany but amongst Catholikes holding himselfe to this resolution That Catholikes can hold no firme Peace with Heretikes That this was the intention of the Sacred Imperiall Majestie it was in publique shew declared by a Booke made by his commandment at the Dyet of Ratisbone and published a little after at Auspurgh in the yeare 1630. year 1630 under this Title The foundations of the Peace happily laid in the sacred Roman Empire by the approbation of Pope Vrban 8. and by the assent of Ferdinand 2. Caesar Augustus That is to say That no firme Peace can be hoped for in Germany but by the restitution of Religion and the possessions of the Catholikes into their former state and condition But if at any time for the avoyding of a greater mischiefe Peace had beene granted unto Heretikes by the Austrians it was done but for a time to the end that some better occasion being shortly after offered the whole burthen and weight of a Warre might be turned upon them So did Iohanne Paulus Windeck clearely confesse not long since in the Consultation above cited p. 414. in these words year 1619 The Trans-action which Catholikes have sometimes made with Sectaries they have made them ayming at this end that other businesses being dispatched in the meane time afterwards they might make and manage this Warre wholly against Sectaries and turne the whole Weight thereof upon their backes year 1629 For so doth Peter Ribadeneira teach that Christian dissimulation is to bee used in his Booke de Principe lib. 1. cap. 26. p. 178. If great dangers bee feared and Becanus in his disputation of keeping faith with Heretickes c. 10. p. 89. saith If the Lutheran Religion cannot bee conveniently hindred or driven out of a State but with a greater damage to the Common-wealth then it may bee tolerated for some time untill a more fortunate season or occasion doe offer it selfe as that Composition of Peace teacheth n. 1609. And that this consideration of concluding a Peace for a time was observed in that Transaction of Prague the businesse it selfe declares 5. Out of the Treaty of Prague it selfe For that Trans-action though at the first appearance it doe seeme somewhat the more ignominious and disadvantageous to the Austrians as being that whereby not onely that Sacred Edict of the Emperour touching the restitution of the possessions of the Church of the sixth of March 1629. being published against the Lutherans is wholly abrogated but also very many grievances of the Protestants exhibited at the Dyet of Ratisbone 1630. year 1630 and in the Convention of Lipsich are reformed according to their owne desire year 1631 yet it doth secretly make the Emperour Master over all his enemies yea and sole Lord and Master in the Empire Whilest amongst other things it giveth him Hereditary right over the Kingdomes of Bohemia and Hungary the free disposition of the Colledge of Electors and Imperiall Chamber absolute command over all the Armies of Germany and in conclusion a plenary cognizance of all suits and controversies which should hereafter arise touching matter of Religion and this pacification So that what he seemed to grant with his left hand hee presently takes away with his right and whilest he promiseth a Peace of a few yeares to the Lutherans hee graspes into his hand all the Forces of the whole Empire being ready to employ them against the Lutherans at his pleasure upon the first occasion as hath beene done heretofore CHAP. II. The second Nullity of the Treaty on the part of the Duke of Saxony First because that by this meanes the strength of the Protestants is utterly ruined THerefore the Princes of the smaler States being excluded from the Amnestia he concluded a League with the most powerfull head of the Protestants by which hee did not onely joyne the greatest part of the great men to his Partie but also which was the Principall thing of all he disjoyned and separated the most powerfull of his enemies using this as a most certaine subtiltie to elude the strength of his adversaries if he might be able to destroy those being drawne asunder for whom he was too weake being gathered together That forces united are stronger then divided and that a common danger is to be kept off by concord reason hath dictated to all men and experience hath confirmed to the Protestants The Emperour who hath hitherto beene too weake when their Armies were joyned together could find no surer remedy then the separation of them and whilest hee doth with mutuall slaughters destroy his adversaries he being now growne mightier by the divisions and discords of the Lutherans turnes the faults of his enemies into the hope of a Victory This is the ancient cunning of the House of Austria having beene with happy successe practised a good while since by Charles V. and Ferdinand I. Iohannes Paulus Windeck is a domesticall witnesse hereof in his deliberation touching the rooting out of Heretikes p. 412. and so forward whose words ought to bee to the Princes of Germany decretorie when he saith For the driving out of Sectaries is required First a league and association of Catholike Princes Secondly the occasion is not to be neglected and that is when the Protestants money is exhausted Thirdly that the Catholikes may the more easily suppresse the Sectaries let them by the invention of divers

the Prince Palatine Fredericke the Fifth without desert unto the Bavarian who can pretend no right at all unto it In the one Charles the Fourth having formerly obtained the consent of all the Electors did in the publike Assembly of the Empire restore unto the Prince Palatine the Suffrage of Election even Lodovike the Roman Marquesse of Brandenburgh assenting thereunto To whom it most properly belonged to perpetuate so great an honour to his Family In the other Ferdinand the Second upon the league made at Munchen for sending of aide against the Bohemians sold the Palatinate to the Bavarian before the Prince Palatine had set a foot in Bohemia and against the publike exceptions oppositions and appeales of all the Protestants thrust Maximilian into it by force Lastly in the one Lodovike surnamed the Roman sonne to the Emperour Lodovike the Fourth having received the Electorate of Brandenburgh in the yeare 1352. year 1352 upon the resignation of his brother Lodovike the first did by a solemne renunciation yield up the right of the Palatine Electorate to his Cosin Germane In the other the Elector Palatine did neither in his owne name nor in the name of his Brother or Kinsfolkes ever renounce his so lawfull right but rather chose to undergoe all extremities and even a ten yeares banishment then he would suffer himselfe to be so unjustly deprived of so illustrious a dignitie For as for that which by the Trans-action of Prague is offered to the Princes Palatine that if laying aside the right of the Electorate they will come like humble suppliants and begge pardon of the Emperour lands and revenues competent for their family and descent should bee assigned unto them it is much like to the pleasant devise of the Triumvirie in Rome wherein this favour was granted unto him Dion Cassius Histor lib. 47. p. 336 that should willingly yield up the possession of his whole estate that he might afterwards be repossessed of a third part of it And that was saith the Historian to receive just nothing at all and besides to loose all their labour and travaile For they who were stripped by open violence of the whole two parts of their estate how should they receive a third part backe againe especially when their estates were sold to the souldiers at so cheape rates Besides this Injurie done to the Prince Palatine threatneth the like to the rest of the Princes and the exclusion of the chiefe of the Princes draweth with it the ruine of the inferiour States For if the Austrians being conquerours bee not ashamed to deale so shamefully with the Head of the Electors what can wee hope will become of the rest of the members of the Empire who neither in power nor dignitie nor amitie of strangers are to be compared with him Certainely whosoever of the Protestants shall apply themselves to their partie they will according to the example of the Duke of Saxony be bereaved of their strēgth their fortresses and their owne troupes and being by that meanes made naked feeble and disarmed shall onely beare the empty name of the Austrian Commissaries And whosoever shall refuse presently to yield his necke to the yoake which heretofore the Germans have bin unacquainted with and shall not with closed eies accept of any Articles whatsoever they shall forthwith after the examples of the Dukes of Wirtembergh be proscribed as enemies of the Empire and guilty of treason against his Imperiall Majestie and be stripped of all their Patrimonies The Imperiall Cities which were anciently free after the example of Donawert Ratisbone and Auspurgh shall bee delivered up to their Allies for the expences of the Warre and under the name of being morgaged shall bee inslaved in perpetuall servitude to usurping Lords But for Germany enough and perhaps more then was fit hath beene said of it I would to God there had not been more and more odious things done then hath beene said and that worse mischiefes were not to be feared then are to bee related CHAP. IIII. The fourth Nullitie on the part of the Swedes IT remaineth now that wee should in a few words declare the Injuries done to Princes and forreigne Kings by this Conspiracie of Prague And first of all it was no small thing strange that our Triumvirs have so shamefully excluded and rejected from the benefit of the Common Treaty the Princes and States of Germany whose strengths and territories they had already swallowed in their most greedy hopes But this seemeth unto all men very absurd that the same men having neglected and prostrated the right of Majestie have remooved out of the Councell of publike like pacification so many Kings and Kingdomes having no dependance upon the sacred Empire whom it principally concerned that tranquilitie should bee restored to Europe and libertie to Germany and have as it were with the power of a Dictator denounced a most deadly Warre against all those that should oppose their Triumvirate For to say nothing of those renowned Princes the King of Great Britaine whose Sisters Children after so many windie and dilatory promises are so cruelly kept out of their possessions and Hereditary rights The King of Denmarke from whose son without hearing or understanding his cause the Archbishoprick of Bremen with the Suffragane Bishoprickes were taken away in so judiciall a manner The united and Confederate States of the Low-Countries against whom under the title of restoring the Germane libertie armes joyned in conspiracie with the Spaniard are taken up That is against all manner of reason and deserves not so much as any shew of excuse that the King and Kingdomes of France and Sweden being engaged in Common armes and united in a joynt Warre with the Chiefe of the Protestants are so disgracefully proscribed against the law of Nations and are commanded like slaves and vassals to obey the Commands of the Spaniards and if they doe otherwise they are not to be rowted forsooth but to be swallowed up quite withan armie of 80. Regiments As if they were not able to obtaine their common peace as a reward of their owne valour but onely as the gift of anothers power or that they ought rather to begge their publike safety as of the good will and pleasure of their enemies then by conquering Armies to wring it from them being brought upon their knees or as if they were ignorant that the friendships of enemies are false hearted and that peace voluntarily offered is more deceitfull then rest purchased by strong hand For what can be more unjust or more sencelesse then for forreigne Kingdomes over which neither the Emperor nor the Empire have any command to accept at the pleasure of the Austrians and Saxons a disgracefull dishonourable and uncomely Peace and no lesse calamitous 1. Because the Swedes making Warre in their owne name ought to make an agreement in their owne right 1626. then ignominious to themselves and their Allies Especially when as the most renowned King of Sweden had in his