against your will never lay them downe but willingly and having used them onely for the defence of your subjects your friends and common right doth maintaine the libertie of all the securitie of every one and the safetie of Europe with no lesse clairitie then you go â—â—â—ne them with equitie Whereupon it commeth to passe that whereas the captivitie of the Empire seemeth to be greedily gaped after by them recoverie of libertie is endevoured and effected by you the World is troubled by them pacified by you and Germanie oppressed by them is relieved and restored by you And let all things be so subject to the Lawes of Heaven that Iustice Vertue and Felicitie fighting on your side and Trecherie Cowardise and Calamitie taking part with your Enemies Providence may confesse that she oweth Victorie to the one and Vengeance to the other Therefore Most Christian King be pleased to entertaine this Opening and Pleading of the Publike Cause and to take knowledge of the Innocencie of this continued Warre presented to you in writing as you doe defend and countenance it in action Let your Majesties protection be open to the defence of Libertie who even from your tender age have ever beene a Sanctuarie to the banished a Refuge to your Confederates a safegard to the afflicted and a most certaine comfort to all people Your friends relying upon this will not feare any Warre from their Enemies and will hope for a Peace from you that shall uphold Law and Iustice Which Peace when you shall have redeemed the Right of common Libertie you will resolve upon having resolved you will give it and having given it you will preserve it for ever A Breviate or short View of the whole WORKE The Treatie of Prague concluded by the Emperour and Duke of Saxonie against the Protestants Swedes and French is proved to be of no validitie void and unjust by five severall Chapters or generall Nullities The first Nullitie on the Emperours part Pag. 1. 1. BEcause a Treatie or determination concerning Church-Lands exceedeth the power of the Emperour p. 6 2. Because it is founded upon the Transaction of Passaw which is of no moment with the Austrians p. 8 3. The Emperours themselves doe confesse that it belongeth not to their power to determine any thing in matter of Religion p. 15 4. 〈…〉 by any 〈…〉 p. 17 5. Because the Treatie of Prague it selfe is very ignominious to the Emperour and to the Catholikes p. 2â— The second Nullitie on the part of the Duke of Saxonie Pag. 25. 1. Because though he account himselfe the chiefe of the Protestants yet by this divorce and separation from them he utterly ruineth both his owne strength and the strength of his Allyes p. 26 2. Because the treating of a common Peace exceedeth the power of the Duke of Saxonie p. 28 3. Because this Transaction of the Duke of Saxonie is hurtfull and deceitfull to the Protestants p. 31 4. It springeth from a fountaine of foule ingratitude and horrible trecherie p. 35 The third Nullitie on the part of the Protestants Pag. 43. 1. Because the Protestants being instigated by the Duke of Saxonie made Warre against the Emperour p. 43 2. Because they are enforced to consent not to a Peace but to a new Warre p. 48 3. The Kingdome of Bohemia is unjustly made Hereditarie to the House of Austria p. 55 4. Silesia being innocent is stripped of her rights p. 64 5. Lusatia is unjustly dismembred from the Kingdome of Bohemia p. 66 6. The Electorall dignitie of the Palatine is unjustly translated to the Bavarian p. 73 7. The Bavarians anciently had no right to the Electorate p. 84 The fourth Nullitie on the part of the Swedes Pag. 95. 1. Because the Swedes making Warre in their owne name ought also to make the accord in their owne right p. 98 2. Because the Duke of Saxonie in his owne private name oweth revenging imprecations to the Swedes p. 101 3. Because the Swedes cannot basely abandon their Leagues nor their Troupes Nor dare they make any agreement with the Austrians under the faithlesse undertaking of the Saxon. p. 104 The fifth Nullitie on the part of the French Pag. 110. 1. Because the most Christian King by right of protection preserved the Catholike Faith in the Empire p. 111 2. The protection of the Princes and States of the Empire cannot be charged to be the French Kings fault p. 116 3. The most illustrious Elector of Trevers or Trier did justly and seasonably obtaine the protection of the French p. 120 4. Because the Emperour endeavoureth to make the private quarrels of the Spaniards with the French common to the whole Empire p. 124 5. Because the cause of Lorraine doth nothing at all belong to the Emperour p. 127 And therefore the conclusion is that this Triumvirall conspiracie ought to be rejected and a true honest and universall Peace to be fought for and defended with the common Armes Vpon the birth or deliverie of the Transaction of Prague VNgodly Prague which to the World a bloudie Warre hath brought From her false Wombe how ever could a faithfull Peace be sought Or Vngodly Prague hath to the World a bloudie Warre projected From Prague a Plague and no firme Peace could ever be expected THE PREFACE MOst venerable is the name of Peace the plentie it brings is comfortable and the happinesse of it most desirable the possession of it is ever blessed and the granting of it at all times to be laboured for Certainely I cannot imagine any mortall man to be so void of humanitie that he would envie a Rest so necessarie to the Empire so beneficiall to the Countrey as being that without which neither private families nor publike Lawes nor the right of common societie can subsist I cannot suppose any man to be so barbarous and savage that all other circumstances and conditions being alike will preferre a Souldiers Coat before a Gowne Warre before Peace when as in this change and vicissitude of affaires by businesse and labour is begotten ease by troubles rest and by Armes love and concord But where libertie and the safetie of the Common-wealth is pretended and servitude and destruction intended where a most unjust and trecherous Combination is veiled with the glorious name of a Peace where under a pretext of Rest the restlesse Souldier doth ransack and spoile mens habitations and lastly where a deceitfull Condition of Mercie is a Bait to draw on insulting Power every wise man will preferre even a doubtfull Warre before a 〈◊〉 Peace uncertaine safetie before a certaine destruction and an unsworne condition of slaverie before a 〈◊〉 usurped Soveraigntie I confesse that nothing can happen to miserable Germanie either more certaine for her safetie more noble for her glory or more to be wished for the recoverie of her former felicitie then if by consent of the Princes and Pieâ—ie of the Nobles it may be restored to her ancient concord and now almost quite forgotten tranquillitie And that no
lesse Honour should be gained to that Emperour who with the sweet Bond of Peace should reduce to unitie his Countrey exhausted with slaughters and butcherie his peoples enraged and made furious with the injuries of former times and like Savages exercising their Cruelties upon their owne Bowels then there was Divinitie ascribed to him who first joyned together in one Body so many Nations no lesse different in manners and disposition then in situation of Climates and by communion of Lawes and Customes made them the most flourishing Common-wealth of Europe But lamentable experience proclaimes that by that agreement or transaction of Prague hatreds were not mitigated but inflamed Armes not layd downe but doubled proscription and confiscations not diminished but extended beyond all Law and right For after that in the very frontispice of the businesse forraine Princes were at the first excluded in the progresse thereof most of the Castles Cities and Countreyes of Germanie were divided amongst the great men the rest that were weaker in strength not in cause being proscribed were stripped out of their Hereditarie Iurisdictions the spoiles of the Provinces the bootie and pillage of the banished and the goods of the slaughtered were distributed to such as did applaud the action Next after that for the confirming and maintaining of these Vsurpations and Armie of do Regiments was imposed upon Germanie and as if the Lawes and Courts of Iustice did abhorre this Pacification the Businesses of the Imperiall Chamber and holy Consistorie were left altogether undecided No comfort or ease at all appeared from this Peace nor the last fruit of a publike Tranquillitie but in stead thereof an unappeasable Warre is denounced against all that had or should dare to complaine of the injuries offered or so much as to whisper of the unjustnesse of this Conspiracie Nothing was here done that was fit to be done in a lawfull Peace the former Contributions of the States the pilling and spoiling of the Countreyes the burthens and oppressions of the subjects were not taken away nor so much as mitigated but excessively encreased established by publike Edict and of Souldiers payes that were extraordinarie and without order were made ordinarie taxations Barbarous Nations were not carried away nor cast out of the Empire but made to overflow it like a deluge and let in by multitudes at the gates set wide open And I need not stick to say that Cities were emptied of their Citizens the very Deserts filled with fugitives the goods of men and Cities of a knowne and well-approved innocencie confiscated their persons degraded and their lives rated at high summes of money So that it is more cleare then the Noone-day that in this foresaid transaction it was not so much laboured to relieve the sinking fortunes of the Countrey as it was by all meanes endevoured that the remaining States of the Empire should be deluded with the name of a Peace that the remaining strength of the Protestants should succour then afflicted condition of the Austrians that the common Armes should with their whole power be turned against Rebels as they call them and Strangers and so in stead of concord to have discord in stead of truth trecherie and in stead of a iust Warre a most wicked and detestable one to be undertaken and that so much of Germanie as was alive or had a being left after eighteene yeares troubles should be quite brought to ruine by a foure moneths pacification indeed the fates of the House of Austria growing now towards a declination fortune could bring to passe no greater thing for them then the discord of their enemies Nothing could happen more acceptable to the Eagles a good while since beginning to stoope then to be enabled to breake those in pieces being separated whom they stood in feare of being united and now to beguile with the pretext of a deceitfull peace those whom hitherto they could not conquer with forceâ— Armes And it was an act of no small merit with one dash of a Pen to disband such huge Armies to dissolve so many Leagues made with Protestants and so solemnly sworne to turne the mightiest Enemie they had into friends in stead of adversaries to get assistants to cause the Germane Faith to be traduced amongst forraine Nations and esteemed perfidiousnesse and in a word to bring matters to that passe that whilest they should singly fight they should be singly vanquished and that those who were mightier then others should enjoy no other privilege but that of Ulysses to be the first to be saved for a time and the last to be devoured in the end The most illustrious Duke of Saxonie was taken in to have a part in this Treatie as one though superiour in strength yet inferiour in honourable atchievements who whether through some kinde of emulation or rather envie of the Swedish Victories I know not when he saw he could not attaine an equall share of honour with them chose rather to be an Enemie and an Vndoer then a fellow-sharer and a Debtor to those that were his defenders And by this meanes this League was tempered with so much the more disadvantage to him in regard that howsoever things fell out he was sure that by helping and assisting others he should derive the whole weight of the Germane Warre upon himselfe and his subjects Certainely nothing could happen more satisfactorie to the Emperours desires then to withdraw that massie burthen of Warre under which his Countreyes did long since even gaspe and groane and to lay the greatest part thereof upon the shoulders of the principall Elector making this undoubted inference to himselfe that whether he were conquered or did conquer he should both wayes triumph over his Enemies So the Pacification long laboured for being at the last obtained to the end that he might oblige all the particular Princes by private benefites and by participation of spoiles turne Enemies into friends he bestowed upon the Elector of Saxonie besides the Revenues of the Church usurped by him for the space of above an hundred yeeres the Marquisat of Lusatia and upon his sonne the Archbishoprick of Magdeburgh upon the Duke of Bavaria the Prince Palatines Electorship and the Citie of Donawerth upon the Prince of Brandeburgh the reversion of the Inheritance of Pomeranie and upon the Prince of Lunenburgh that of the Duchie of Brunswick and hath granted unto the Dukes of Mechelburgh peaceable possession of their Countrey which they had formerly obtained by the Swedish power He hath taken unto himselfe the hereditarie right to the Kingdome of Bohemia and the Provinces united to it Silesia Moravia c. as also the Supreme Authoritie in judging Controversies of matters Spirituall and Temporall and the particular Dominion of Philipsbourgh He hath retained in his hands for the King of Hungarie the absolute command over all the Armies of Germanie and for his younger sonne the Bishoprick of Halberstad And for the other Princes as they seemed inferiour though not in right yet in
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
causes and pretences pull them asunder one from another and that was practized by Charles V. very much to his benefit Fourthly let Catholikes get in forraine aides to their assistance for the vanquishing of Sectaries and on the other side let them use all the caution that may be that the Sectaries get no assistance from forrainers All these things were most exactly observed in the Pacification of Prague When as the League of Catholikes being in name taken away by it under the Title of Empire was framed an association of most of the Princes with the Austrians and presently after the strongest of the Protestants the Palatines the Hessians and they of Wirtemberg c. were drawne away from the rest And least hereafter they should call in aide from Forreiners for the defence of their cause under pretext of Peace Warre was denounced against the French and the Swedes with a most calamitous delusion of the Saxon Who whilest hee seekes a private Peace rather then a publique whilest hee laboured for the friendship of one man neglecting the friendship of all whilest flying from a Warre hitherto unhappy unto him he laboureth to transferre it to Forreiners and his friends hee not being wary of it did as the Historian long since reported of Marseilles for feare of a Warre Florus Hist lib. 4. cap. 3. fall into a Warre A Warre so much the more unjust because undertaken against Brethren against Allies against Fellow-professors of the same faith and beliefe by him who had no rightfull power or command over them 2. Because the Treating of a common Peace exceeds the power of the Duke of Saxony For I pray you By what authoritie doth the most illustrious Duke of Saxony who in this businesse is neither Vicar of the Empire nor Procurator for the Protestants nor Vmpire for Forreiners alone by himselfe take upon him to determine the controversies of the whole Empire By what power doth hee endeavour to alter or abrogate in a private corner things long since determined in the publique Assemblies touching both the Religious and Temporall Peace By what right can hee limit to the space of forty yeares the liberty of Religion granted to all the Protestants for ever Why doth hee alone make an accord touching the disposition of the Colledge of Electors touching the reformation of the Imperiall Chamber touching military affaires and the contribution of all the States of the Empire to the prejudice of most men and against the Will of all By what licence or power doth hee presume to transferre Cities Provinces Principalities Subjects neither to himselfe nor any body else and to bring them under the private command of the Emperour Doth it belong to his charge to make Bohemia Silesia Moravia Hereditary to the Austrians And Lusatia to himselfe To take away the Palatinate and Dutchy of Wirtembergh from their proper Lords and Philipsbourgh which was in all sacred right belonging to her owne Bishop And in a word to arme all the forces of Germany against the French for the recovery of Lorraine As if hee had any authoritie over forraine States or as if he being circumscribed and limited himselfe could prescribe lawes to them over whom as being his equalls and his betters he hath no command Let him rather blame himselfe for being so ill advised as under a pretext of Peace to approove all the former Injuries and usurpations of the Austrians And for that hee alone hath by the connivence of a foure moneths Treaty established those things which they were not able to perswade the world unto by almost twenty yeares War The truth is to the end that the forepassed actions of the Emperour might have some title of right they must bee confirmed by a Triumvirall pacification and that things done contrary to law and right L. 54. D. de regulis juris Nemo plus juris ad alium transfere potest quam ipse haberet might carry some shew of Iustice they were to be established by a publique conspiracie Wherein neverthelesse the Emperour had no addition at all of authoritie nor the Duke of Saxony the least increase of profit For by this Trans-action of Prague 3. Because this Treaty of the Duke of Saxony is unprofitable and hurtfull to the Protestants neither was his Dignitie increased nor his Iurisdiction honorably enlarged nor the Religion whereof he taketh upon him to be a Prince and a Defender any where propagated much lesse firmely established But on the contrary of a free Prince and one that hath so often triumphed over his enemies he is made a Commissary of the House of Austria His Territories are become as a bulwarke to the Bavarians and Hungarians the profession of the Confession of Auspurgh under so noble a Protector was thrust out of doores in the most and best Provinces of the Empire and was sent away and confined within the bounds of Saxony and the Ocean Himselfe the most miserable of all who did formerly draw from the Victories and toiles of the Swedes his life and safety of his Dignitie and Country being afterwards brought so low that not being able to pay he had rather turne bankrupt then be indebted doth at this day alone beare the whole burthen of a most calamitous Warre as being not onely shut out of the principall part of his Territories but even doubtfull and uncertaine of his life and safety Surely by the most just law of requiting like for like he ought to impute unto himselfe the prejudice hee feeleth through his owne fault and he that had provoked the Swedish Armes to be enemies unto him being almost quite spent and tyred with them doth faint and sinke under them But is that so Are the liberty of Germany and those glorious Titles of Peace made a colour for a wicked conspiracie Surely amongst perfidious and perjured persons it is an ordinary thing under the pretext of confidencie to foment a Warre Neither did any man ever covet anothers servitude or his owne dominion but he would use those faire and specious names For if the Duke of Saxony did intend to establish a true Peace in the Empire or a peaceable tranquilitie in his Country Why did he unworthily suffer so many Princes so many States of his owne party partners in one and the same cause and rebellion to be excluded out of the Amnestia If he had a purpose to restore the Majestie and Dignitie of the sacred Empire together with the Liberty of it to the ancient splendor and glory Why did hee so shamefully reject so many Kingdomes and Kings so valiantly defending the German Liberty as well within the Empire as without from having their part in the common pacification and send them away out of the bounds of Germany like slaves or drudges without any manner of mention of the least honour at all If by this sacred Transaction hee endeavoured to bring this to passe that Iustice being restored to her integritie and made to flourish againe throughout the
of Sigismund the Emperour year 1459 in the yeare 1459. although Casimire King of Poland and William Prince of Saxony whereof the one had married the younger and the other the elder sister of Ladislaus did with most earnest solicitation labour for the Kingdome Why did the younger Princes often obtaine peaceable possession of the Kingdome when the brethren and eldest sonnes were put by it as when in the yeare 1324. year 1324 Henry Duke of Carinthia who had married Anne the elder daughter of Wenceslaus VI. being rejected Iohn I. sonne to the Emperour Henry the Seventh founder of the family of Luxemburg and husband to Elizabeth the younger was designed and accepted for King by the States For by the law of nature and lawfull custome of succession males are preferred before females and the elder of the same sex before the younger But I forbeare to hold a candle to the Sunne at noone-day since his Imperiall Majestie would have this cause to be decided not by reasons but by armes and doth found his principall title to the Hereditary possession of the Kingdome Ius hereditarium in regno Bohemiae Ferdinandi II. editum Viennae 1620 in 4. rather upon the recovery or conquest thereof then upon their acceptance having in the beginning of the booke that is published touching his Hereditarie right to the Kingdome of Bohemia clearely professed That although his Hereditarie right were doubtfull and the Bohemians have hitherto had some right of free Election yet now since the whole Kingdome is come to him by force of armes and hath received him for their lawfull Heire all of due not at their pleasure it is in vaine to hold any further dispute touching the right of Election since the Kingdome it selfe being reduced under his power did now acknowledge the hereditary right of the House of Austria thereunto 4. Innocent Silesia is stripped of her rights I come now to Silesia and the united Provinces of Bohemia who where as heretofore for the defence of their rights and liberties they did unite themselves to that Kingdome are at this day by this trans-action of Prague not onely deprived of all rights and immunities but also by Hereditary right made subject to a forrein power The unjustnesse of which Article that it may bee prooved from the very originall of the matter it selfe it is to be considered that the Province of Silesia was anciently subject unto Poland Ioach. Cureus in Annal Silesiae editis Wittebergae 1571. and divided by divers Dutchies amongst the Princes of the Sarmatian bloud Afterwards in succeeding times they disdained the pride of the Sarmatians after experience had of the faithfull and friendly offices of the Bohemians in many of their affaires of their owne free will and voluntary inclination rejecting the Imperious command of the Polonians in the yeare 1331. year 1331 they sued for the protection of Iohn I. King of Bohemia and for this cause Silesia being assaulted by the Polonians with a most grievous warre year 1337 and valiantly defended by the Bohemians did deliver it selfe up wholly into the patronage and protection of the Kings of Bohemia vpon this covenant and condition that all their rights liberties and priviledges should be preserved safe and entire Whereof amongst others one notable testimonie hath remained untill our times that the States of that Province doe not sweare alleagiance unto the King elected untill till hee have bound himselfe unto them by giving a caution for the ratifying and maintaining of their lands rights and honours and by the confirmation of them by the signature of his Reversall letters and by a solemne oath And according to this agreement the Emperour Charles IV. by a speciall Charter given at Prague the seventh of the Ides of October year 1355 in the yeare 1355. did for ever unite incorporate and inseparably ly annex that whole Country with Moravia and Lusatia Both these are extant in the Constitutions of Goldastus Tom. 4. p. 345. 1356. unto the Scepter of Bohemia which Incorporation the Princes of the Empire did afterwards approove at the Dyet held at Norimburgh in the yeare 1356. and did also confirme it by the Rescript or Declaration of Gerlac Archbishop of Mentz and Lord High Chancellor of the sacred Roman Empire And in pursuance of this right the Silesians have ever so lived under the King of Bohemia that they did not onely give their free voice at their Election but also at their Coronation obtained most ample Reversall letters which it appeareth that even the Austrian Kings themselves did most freely grant namely Ferdinand I. the fourteenth of Ianuary in the yeare 1527. year 1527 Maximilian II. in the yeare 1557. Rodulph II. in the yeares 1577. and 1609. and even Ferdinand II. in the yeare 1617. Nay further year 1617 when the last troubles arose in Bohemia the Silesians assisted the Bohemians their Confederates and they were over throwne in the battell of Prague yet the Silesians would not lay downe their armes untill Ferdidinand the Second at a solemne Transaction made at Preslaw the one and twentieth of Aprill in the yeare 1621. year 1621 religiously promised the States that if they would renounce the Election of the Prince Palatine Fredericke hee would preserve all their rights and priviledges unviolated which promise being confirmed by oath and a sacred Charter the Duke of Saxony being then the Emperours Commissary and Mediator for the States did undertake by caution given by himselfe to see observed And although the States of Silesia did forthwith abandon the Prince Palatines Partie yet neverthelesse the Emperour in the yeares 1628. year 1628 and 1629. contrary to his covenants and promises abrogated many of their rights and priviledges the Duke of Saxony conniving thereunto And the Duke of Saxony himselfe when as being provoked thereunto by the Emperours Edict and unjust dealing hee had stirred up generally all the armes of the Protestants throughout the Empire year 1631 and had in an hostile manner gotten possession of the Kingdome and head Citie of Bohemia did stirre up the Princes and States of Silesia which till then had beene of neither side not onely by letters signed with his owne hand the fifth of Aprill 1634. year 1634 to revolt and to maintaine their priviledges as he called them but also sending against them Generall Arnheim with a huge Armie compelled the Dukes and Cities which till then stood doubtfull partly by threatnings and partly by open force unto rebellion and put Saxon Garrisons into the chiefe Cities and Fortresses year 1635 And yet neverthelesse afterwards his purposes changing with the fortune hee was the first that started from the Generall League intending to purchase his owne establishment with the ruine of his Allies and suffered the most unfortunate States of Silesia who relying upon his authoritie and assurance and justice of the Common cause did not at the first take armes but joyned their armes to the Saxons shamefully to be excluded out of the Amnestia being innocent
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
doth not receive the Oath of Alleagiance of the Princes in the name of himselfe but of the Empire And at the breaking up of the Dyet of Auspurgh in the yeare 1555. year 1555 it was ordained that the Controversies which arose betwixt the States of the Empire touching the Imperiall Fees and Seignories should not bee decided but in the generall Assembly of the States And for this cause Henry the Second King of France in the yeare 1551. year 1551 did by his Embassador justly complaine before the States of the Empire that Charles the Fifth his cause not being heard and his right neglected had bestowed upon his sonne Philip the Dutchie of Milan and Vicarage of Siena without their consent or approbation And the Emperour Rodulph II. in the yeare 1598. year 1598 did most Heroically answer the Spanish Admirall demanding the Vicountie of Besanzon in the name of the King his Master That the Fees of the Empire could bee taken away from no man nor be transferred upon any other without the consent of the Electors and States Certainely according to the ancient custome of the feudall lawes the Controversies concerning Fees ought to bee determined by the Iudgement of the Peeres And if a question doe arise betweene the Lord and his Vassals concerning any matter of Fee it must be decided by the Peeres of the Court lib. 1. de feud tit x. sec 1. And they ought to determine Controversies touching benefices who doe hold benefices of the same Lord lib. 1. tit 26. And although the Emperour did desire to have such an apparant injurie approoved by the States of the Empire year 1623 in the Dyet held at Ratisbone yet the Electors of Saxony and Brandenburgh and many other Princes of the Empire did by their Embassadors make protestation and alleadge That the Translation of the Electorall dignitie upon the Duke of Bavaria was contrary to the Constitutions of the golden Bull to the fundamentall lawes of the Empire to the declaration of the Emperour Sigismund the Fourth to the customes of feudall right and in a word to the accords and covenants agreed upon betwixt the Houses of the Prince Palatine and Bavaria long since established by the providence of their fore-fathers and strengthned with the proscription of almost 300. yeares That the Prince Palatine was condemned being never summoned never heard and his cause never opened When as hee neverthelesse was not the author of the Bohemian troubles and many that were partners in the same crime obtained pardon of the Emperour and that therefore they could not consent to such a precipitate proscription and stripping him out of his Estate And therefore also when as the Emperour rejecting all these exceptions oppositions and protestations of the States bestowed the Fee of the Electorate upon the Duke of Bavaria the Embassadours of Saxony and Brandenburgh refused to be present at the ceremonies of his Investure least by their presence they should seeme to have approoved so enormous an act of injustice And a little after the same Electors did by their letters sent to the Emperour from Amburgh complaine of the violation of the right of their Colledge of Electors and by a publike instrument under their owne hands did confirme and make good all that had beene said and done by their Embassadors And although the yeare following the Duke of Saxony being drawne on by the cunning of Ludovike Landgrave of Darmstadt year 1624 did at the Convention of Schleufingen receive the Duke of Bavaria into the Septemvirall Colledge for a time perswading himselfe that that Colledge being made compleate an universall Peace would be established in the Empire Yet that admission being made upon certaine conditions he protested hee intended not that any thing done should prejudice the rights of the House of the Prince Palatine nor the protestations exhibited by his Embassadors at Ratisbone Which afterwards both in the Convention at Mulhausen year 1627. 1630. and at the Diet of Ratisbone and in severall Declarations and resolutions sent unto divers Princes of Europe and even in that league made at Torgaw in the yeare 1631. year 1631 with the King of Sweden and Elector of Brandenburgh he did ever constantly acknowledge and affirme having protested in all places and before all men that no Peace was ever to bee hoped for in the Empire without restitution of the House of the Prince Palatine Therefore with what conscience dareth hee at this day publish that Trans-action to have beene just sacred and most profitable to the Empire Whereby it is not onely certaine that the equalitie of voyces being taken away amongst the seven Electors the Protestants will ever goe downe the winde but also so long as there shall be one drop remaining of the Palatine bloud from which this dignitie if not regall yet certainely next to it is so violently taken away against all right and Iustice it is manifest that Germany will bee perpetually infested with new troubles For be it admitted not granted that the Prince Palatine hath by such heinous crimes deserved proscription and stripping out of his Patrimony By what law or right are his children brother and all his Kinsfolkes as innocent and giltlesse as himselfe though differing in cause involved neverthelesse in the same punishment When as both his sonnes before their Fathers offence had the Electorall dignitie belonging to them by right of succession and also by the Common law of Fees it is manifest That the offence of one of the Heires of the Fee doth not prejudice the rest lib. 2. de feud t. 78. and yet the act of a brother doth not hurt his brother in his Hereditary Fee tit 93. Yea more if a vassall shall commit so enormous a crime that he or those that descend of him ought to be deprived of his inheritance yet his kinsfolkes in the fourth degree are to be restored to the possession thereof lib. 2. tit 26. And therefore very wisely the Duke of Neuburgh being neerer of kinne to the Princes Palatine year 1623 then to the Bavarians obtained of the Emperour reversall letters whereby provision was made that this Trans-action of Electorall Dignitie upon the Bavarian should at no time nor in any sort prejudice the right of himselfe or of his founded upon a nearer degree of bloud Neither doth this appeare to be a lesse argument of so barbarous an injurie that the whole Electorate being transferred upon the Bavarian yet the Territories are divided amongst divers Princes and the upper Palatinate is assigned to the Bavarian and the lower to the Spaniard for the charge and expense of the German Warre Whereas by the Constitution of the golden Bull Chap. 25. the title whereof is year 1356 Of the intirenesse of the Principalities of the Electors Those Illustrious and magnificent Principalities that is to say the Kingdome of Bohemia the County Palatine of the Rheine the Dutchy of Saxony and Marquisat of Brandenburgh and their Lands Territories and all other things belonging to them cannot nor
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
of the Nobles of the Kingdome of Lorraine and compelled them to doe homage unto the Emperours sonne but under the protection and Signorie of the French King Now if in the succeeding times the Dukes of Lorraine being situate in the confines of both these great Princes and through the changeable condition of their fortune wavering betwixt both have beene faithfull to neither but have withdrawne their homage from both Certainely it doth no more belong to the Emperour to mingle the interest of the Empire with the cause of Lorraine then it was fit for the Duke of Lorraine with Clandistine mariage and open armes to disturbe be peace of France and with most injurious calumnies to scandalize the Majestie of the French Empire But I cease to presse and obtrude a defence to a most just cause The Conclusion which having beene often approoved from heaven hath left more ignominie then glory to the enemies of it And from those things that have beene hitherto declared I gather that the onely scope of the Trans-action of Prague was to advance the greatnesse of the House of Austria whether by right or wrong to make the Empire together with the Kingdomes of Bohemia and Hungary hereditary to him and in a word by bringing under the rest of the Kingdomes of Europe to establish every where the Spanish Monarchie And so almost in every article of this conspiracie whosoever are either adverse to the Spaniards or suspected to bee so as the French Swedes and Hollanders are excluded out of the Peace and assaulted with the common armes and whosoever are friends neighbours or Allies unto them are most bountifully rewarded out of the spoiles of the proscribed Indeed to the end that the House of Austria might absolutely rule over Germany the Eelector Palatine the principall Pillar of the Empire should first have beene proscribed whose forces alliances and affection to his Countrey have beene long since adverse to Spanish Counsells Then when the Palatine was stricken downe his Territories and Diginities must bee bestowed upon the Bavarians and Spaniards not only because the Countries of the Bavarian doe lie as a bulwarke unto the Emperours Patrimonie to defend it against the Heretike Princes of upper Germany but also because by this meanes the Austrians will alwaies have voices enow in a readinesse in the Colledge of Electors To conclude to the end that the Emperour might make use of all the strength of Germany at his pleasure an Armie of eighty Regiments to be levied and paied by the Princes themselves is committed to the absolute command of the King of Hungary by which not onely the Dukes and States that bee refractory may be chastised but also that power which is left to the Protestants may bee cut up by the rootes So Germany being subdued and brought under and Lorraine recovered it seemed afterwards an easie matter to invade France to conquer Holland and to bring Britaine under the yoake as being their due long since by a mariage with Spaine as the Emperour confesseth in his Declaration of the causes and benefits of the Peace of Prague set forth at Baden the eighth of Iune 1635. That Peace being on this manner settled his Nephew the King of Spaine will very easily reduce the Hollanders to obedience Therefore it is so farre off that by this Trans-action Peace and publike tranquillity hath beene sought that on the contrary the light of peace being every where put out warre hath beene kindled throughout all Europe and all the Princes whether they would or not have beene entangled in the fatall armes of the House of Austria Miserable is the Peace which is commanded by open force a most dolefull Tranquillitie which troubles al things a most treacherous securitie which every one hath cause to distrust Certainely feare and terrour are weake bonds of love which when they are removed those that cease to feare will beginne to hate It is certaine that a faithfull Peace can be onely there where men are willingly reconciled and that it cannot bee hoped to be of any long continuance in that place where servitude is aimed at Certainely no mortall man will continue longer than needs must in such a condition as is irkesome to him and evermore in an uncertaine quiet though concord doe in shew continue yet the opening and remembring of offences past will still be feared That is a true tranquillitie which all men approve and every one desires by which anger is turned into friendship hatred growes into leagues of amitie and an equalitie being observed among all and the Amnestia extended to all the enemies either by greatnesse of good turnes or forgetting of injuries are turned to friends FINIS
A BEWAYLING OF THE PEACE OF GERMANY OR A Discourse touching the PEACE of PRAGVE 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 JEREM. 6. v. 14. and 8. v. 11. They have healed the hurt of the daughter of my people slightly saying Peace peace when there is no peace LONDON Printed by I. L. for I H. and are to be sold in Pauls Church-yard at the signe of the golden Lyon 1637. THE CHIEFE HEADS AND CONCLVSIONS OF THE TREATIE OF Peace held at Prague are contained in the three Extracts ensuing I. A Summarie Extract out of the Treatie of Peace made and concluded betwixt the Emperour and the Elector of Saxonie at Prague the 30. day of May 1635. II. An Extract of the Agreement made betwixt the Emperour and the said Elector of Saxonie touching the ioyning of their Armes together III. An Extract translated word for word out of the said Treatie touching the Palatinate in particular I. An Abridgement of the Treatie of the Peace THE Revenues of th Church which were possessed by the Protestants before the Treatie of Passaw shall remaine entirely in the same state they were setled in by the said Treatie of Passaw The Church-Revenues possessed by them since the said Treatie shall be left unto them for the space of fortie yeeres upon the conditions more specially contained and expressed in this agreement as well for the Spirituall as for the Temporall And ten yeeres before the expiration of the said Terme the best endeavour shall be used to make a finall accord for so much as concerneth the said Possessions of the Church and that which dependeth of them But if that cannot be done it shall then be in the power of the Emperour to make a decision of the difference And in the meane time there shall no more Church-Possessions be taken away from the Catholikes The Archbishoprick of Magdebourg shall remaine to Duke Augustus sonne to the Elector of Saxonie during his life upon such conditions as are expressed in this agreement as well for the Temporall as for the Spirituall The Elector of Saxonie shall have the Seignories and Bayliwickes of Querfurt Iuterbock Dama and Borck which Pieces he shall hold in Fee of the Archbishoprick of Magdebourg The Marquis Christian William shall have 12000 Rix-Dollars given him by the yeere out of the Revenues of the said Archbishoprick during his life for his entertainment The Archduke Leopold William the Emperours sonne shall have amongst other things the Bishoprick of Halberstadt The Nobilitie and Gentrie of the Empire shall be left to their free exercise of the Confession of Auspurgh as shall also those Imperiall Cities which shall conforme themselves to this Treatie But those which before the conclusion of the said Treatie shall have accorded alreadie in any other manner with the Emperour shall hold themselves to that accord The Citie of Donawerth shall remaine in the hands of the Duke of Baviere untill he be re-embursed his charges The free exercise of the Confession of Auspurgh shall no more be tolerated for the time to come in the Kingdome of Bohemia nor in the other Hereditarie Countries of the Emperour As for Silesia the Emperour hath given his resolution by it selfe and hath made a particular accord with the Elector of Saxonie for Lusatia The propositions made by the Elector of Saxonie That the Imperiall Chamber may from henceforth be divided and composed of persons of both Religions equall in number are put off unto the first generall Assembly which shall be holden hereafter In the meane time the order shal be observed which is practised in the said Imperiall Chamber But because there hath been no Visitation since the yeere 1600 there shall be one as soone as possibly may be extraordinarily The instruction of the Assessors and Presidents of the Court Aulike or of the Councell following the Emperors person shall be submitted to the advice of all the Electors but the said Assessors shall not be of both Religions in equall number The Protestant Electors Princes and States shall be permitted to have their Agents and Sollicitors in the said Aulike Court The Palatine Electorate and the Countries belonging to it shall remaine unto the Duke of Baviere and to the Line of Duke William his father according as the Emperour hath ordered And that which his Imperiall Majestie hath decreed touching the estates of some of the Palatines servants shall remaine entire as it is The Widow of the Elector Frederick the fourth Count Palatine shall enjoy her Iointure for so much as she can make appeare to be due unto her An entertainment of a Prince shall be given to the children of Frederick the proscribed if they doe in due manner humble themselves towards the Emperour But this not to be done as a thing due but of his Imperiall grace The heires of the Count Tilly deceased shall have 400000 Rix-Dollars out of the Revenues of the Duchy of Brunswick payable in eight yeres with interest after five in the hundred untill it be fully payd and in the meane time they shall keepe that which is morgaged unto them If the Dukes of Meckelburgh doe accept these Articles of Pacification they shall be received into the Amnestia according as is contained in the particular Order made concerning that matter The Electors Princes and States of the Confession of Auspurgh shall restore to the Emperour and to the Catholike Electors Princes States his assistants as also unto the Duke of Lorraine their Countreyes Lands Seignories Cities Townes Castles and all that belongs unto them Yet neverthelesse they shall not be tyed to make restitution of the Revenues received nor of their charges expended in the Warre but they shall not carry away the Ordnance nor their moveable goods out of the places which they shall give up Ayde and assistance shall be given by a conjunction of Armes and Forces to recover that which the Crowne of France the Crowne of Sweden and the States of the Empire which will not conforme themselves to this present Treatie doe possesse within the Empire The Emperour and his assistants shall restore the Elector of Saxonie and those of his party their subjects vassalls men and servants to the possession of their estates if they accept of this Treatie excepting those whom the Emperour hath expressely excluded from it And the Elector of Saxonie and those of his party shall doe the same reciprocally to the
interpreted as so many wicked acts all loving and friendly deeds as so many crimes and the bloud of them was not spared for whom bloud was to be shed Good turnes are requited with sword and haltars it is the honour and Dignitie of the Austrian Commissaries to flye at the throat of their defendors and to set their feete upon the neckes of those they have conquered The armies sent from the Protestants are turned against them and the Saxon Generalls Exhortation is this * The very words within a very little of that sanguinary proscription published by the Duke of of Saxony against the Sweds in the Campe of Schuskenburgh 19. October 1635. Fight against your brethren against your Allies against the Lutherans against those that are governed by the same law and Professors of the same Religion with you Set upon the Churches the Altars and the dwelling houses of your friends with force of armes Imbrue your selves in the bloud of your Kinsfolkes and take away by violence the benefit of their native Countrey from those that bee but halfe right sucke and spoyle them with your troupes Let them who brought life and safety to us bee like banished men excluded from the use of fire and water Let them who purchased our Libertie with their bloud be banished and scattered farre and wide out of the Empire as sworne Enemies to peace and disturbers of the publike tranquillity Whosoever shall relieve his friend his patrone his defender with bread or water let him be proceeded against as guilty of treason Whosoever shall kill betray or corrupt his protector or preserver let him receive impunitie money and a garland onely not such a one as was give to him that saved a Citizen Let Libertie bee no more mentioned amongst military banners and let that people the conqueror and preserver of nations confine it selfe within the snow and yee of their owne Ocean and there their Warres being laid aside and put farre enough from them and all feare and terror of them being repressed let them live in awe and horror of our Eagles These are the requitalls of those savers and preservers this is the reward of those defenders these are the thankes and the bounties whereby a vast benefit is recompenced with more vast Injuries CHAP. III. The third Nullity of the part of the Protestants First because they made their Warre against the Emperour being stirred up to it by the Saxon. NOw if these Treaties of the Saxon against the Swedes can by no title or colour of right bee defended as himselfe lately confessed much lesse can his negotiations entred into with the Austrians against the Protestants carry any shew of excuse at all For what did he When as the Emperour Ferdinand II. had published that fatall Edict of the 16. of March 1629. touching the restitution of the possessions belonging to the Church and bitterly execute it against so many supplications appeales and protestations of the States The Duke of Saxony as chiefe of the Protestants summoned all the States The Dyet of Lipsich ended in March 1623. addicted to the Lutheran faith to the Dyet of Lipsich and declared unto them how the liberty of Germany was oppressed and the Princes of the Empire robbed of their rights and dignities and incited them to the gathering up of Souldiers through all precincts and to the arming of the Countrey people Shortly after as one that would by his owne Example leade the way to the rest hee levied an armie of 20000. men and did in the name of himselfe and of the Protestants make knowne to the Emperour that unlesse the grievances exactions and oppressions laid upon the people by his Commissaries and the Souldiers were forthwith taken away hee and his Allies would with armed power resist and repell such hainous and continuall injuries So the Protestants being compelled to rebellion when Tilly did invade his territories with hostile cruelties hee tooke up armes against the Emperour and his Leaguers and by the valour of the Swedes he overthrew the armie of them both with a glorious Victory at Lipsich And presently upon year 1631 year 1633 year 1634 it drawing after him a Common Warre through the whole Empire hee made himselfe Master of the Kingdome of Bohemia the greater part of Silesia and all Lusatia But he did also with perswasions and threatnings 5. Aprill 1634. involve in the publike trouble the States of Silesia who had hitherto beene of neither side In the moneths of February and Iuly 1633. And in the Convention of Hailbrun Frankford exhorted all the Protestants to a firme concord and continuance of a Warre of Allies and Confederates Yet neverthelesse after that by the overthrow at Nordlingen the forces of the Protestants being by little and little enfeebled and those of the Austrians by degrees increased year 1634 made the fortune of the War somewhat doubtfull hee putting off as it were all faith together with the fortune of his Confederates particular Conditions which hee had so often refused being offered unto him made his peace with the Emperor clapt up a short composition for his owne safety to the great prejudice of his Confederates and to the end that hee alone might deserue pardon and favour excluded the most of the Vnited from pardon and Amnestia And so to the end that he might free himselfe from uncertaine dangers he involved his confederates in a certaine destruction and that hee might turne away from himselfe the punishment of rebellion and treason he delivered up his friends and Allies to bee punished at the pleasure of their enemies With a treachery so much the more odious in that hee turned his hostile armes against those whom hee had not onely incited but in a manner compelled to take armes against his Enemies Dat veniam corvis vexat censura Columbas Therefore by what Iustice can a common crime be pardoned to the authors that it may bee punished in the abbettors By what equitie is a publike rebellion commended in the kindlers of it that it may be punished in the furtherers Why are not all the Protestants being partners in one and the same mischiefe recompensed with the same rewards or chastised with the same punishments Why doth the same crime advance some unto new honors and Dignities strip others out of the dignities of their Ancestors and the habitations of of their Predecessors Why is the head of treason adorned not with Laurell wreathes onely but with Elegies or testimonialls of honour and the members which have unhappily joyned themselves to him boasting himselfe both in the Iustnesse of their cause and strength of armes cut off from the body as rotten limbes Let such changeable and fickle friends take heed least shortly in their turne they have experience in themselves of the same punishments which they have approoved in their Confederates and least they in succeeding times doe to their owne damage pay dearely for those things which they suffer to be punished as crimes
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
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
and brave men with a Military Oath to the end that they might casheere them againe when their bodies were maimed their meanes spent and their wounds yet gaping miserable naked and unarmed and as banished men forbidden the use of fire and water This is the propertie of the Saxon and his Confederates to value the bodies and soules of the souldiers at a farthing to relieve his starved Armies with the oppresâ—â—on of the subjects basely to abandon things rashly gotten to alter or change his friendships and hatreds according to the inconstancy of Fortune and in a word to interpret the Triumvirall prescription by the name of a generall peace The Swedes being as noble as famous for their lawrell wreathes as for their traffique doe reverence valour as well as Constancie and as they are wise in a gowne so are they couragious in a souldiers coate When the losse or hazard of honour is in question they had rather have a bloudy warre then a fruitlesse peace and doe rather choose to redeeme their Confederates by an honourable death then to forsake them by disgracefull flinching and secret turning their backes As people that have well learned that whatsoever doth any where concerne their friends doth also concerne themselves and that a part of the common detriment reacheth unto them as particular persons Wherefore they will never be induced by any reason or force to be so unworthy as by a base neglecting of the warre to delude their Confederates prostitute their friends and rather to admit of peace upon what conditions soever then to treate for it And rather with readinesse to embrace the friendship of their enemies then to deserve it Especially since they doe assuredly know that no length of time no oblivion shall ever wipe away the sense of that danger whereunto the House of Austria saw it selfe exposed by the Swedish forces and even brought as it were to the last gaspe Hee doth not well know the condition of that nation that doth thinke that any such thing can fall from them The nature of Spaniards is long to remember offences but quickly to forget good turnes And howseover that Caesar of old time would often say that hee could remember all things saving Injuries the disposition of this present Caesar is not so who doth not onely never forgive nor forget the injuries which hee imagineth to bee offered to himselfe and his House but also watching for a fit occasion for a whole age together doth revenge it upon the innocent Children and grand-children It can therefore by no right or reason be required of the Swedes that as persons content with the suretiship and undertaking of the Saxon who hath often so perfidiously deceiyed them they should carry away their conquering armies out of the Empire that they should abandon a publike warre without good securitie of an universall peace and commit all the forces and fortunes of themselves and their Allies to the uncertaine will and pleasure of most mercilesse enemies As if after their warre so valiantly and so happily managed they were to carry away no other Trophyes but the immortall hatred of the Austrians no other Triumphs but the everlasting threats and heart-burnings of the Spaniards But I cease further to impaire or blemish the most renowned acts of that Victorious Nation with my weake and poore lines Which as in time past when the Roman Empire was destroyed it did restore the West part of the World to her libertie so at this day having her intentions bent upon the restitution of the Germane safety The defends her owne cause better by armes then by pens and desireth not so much excuses for her actions as praises and acclamations CHAP. V. The fifth Nullitie on the part of the French I Come to the French a people breathing libertie by the very derivation of their name Who when as by very good right and with a most pious purpose they had engaged themselves in the common Warre by the decree of the Triumvirate of Prague against all right and contrary to all pietie were not onely rejected from the publique pacification but also proscribed as enemies of the Empire favourers of Heretikes instigators of Turkes and disturbers of the Christian Common wealth And under colour of a Warre against Lorraine are commanded to be destroyed with the whole power of Germany joyned together Indeed 1. Because the most Christian King by the right of Protection hath preserved the Catholike Faith in the Empire 1631. when as in the yeare 1631. the most renowned King of the Swedes having overthrowne the Forces of the Austrians and of the Leaguers did runne through the Empire without resistance the Emperour being afraid of him the Bavarian flying and the Spaniard not so much as whispering against him and took possession of the best Provinces Cities of Germany and by that meanes brought the affaires of the Catholikes into grievous straights and to most imminent destruction The most Christian King being ever heretofore a subduer of Heretikes and a defendor of the Catholikes fearing least by the progresse of this civill warre the cause of Religion might receive prejudice did not onely by sending Embassadors to that victorious King obtaine for all the Catholikes which were brought under his command a full libertie and exercise of their Religion but also offering to the rest the remedie of Neutralitie tooke into his Royall defence and protection the Archbishopricke of Triers the Bishoprickes of Spire and Basill and very many other Dukes Counts and Cities of Germany And through his moderation no lesse pious then prudent he stopped the unavoydable ruine of the Catholikes in the Empire and kept off imminent destruction from the Protestants So the Religion of his Ancestors being preserved and established hee seeing Princes unjustly cast out by the Austrians Cities deprived of their liberties and his neighbours either oppressed or ready to bee oppressed with the Spanish yoake joyned his Confederate armes with the Swede restored the Princes to their Territories and the Territories to their Princes Cities to their priviledges and the Empire to his ancient rights and dignities and delivered all his neighbours and friends from the tyranny of the Spaniards And yet notwithstanding for all these his good merits towards Religion and the Christian Common wealth he is onely not proscribed by the Austrians but accused by them to be the kindler fomenter and advancer of the whole Germane Warre and is also with most false calumnies exclaimed on as if he had conspired with the Lutherans for the extirpation of the Catholike truth And even the Emperour himselfe unto whom the zeale of Lewis the thirteenth cannot bee unknowne by so many warres as have beene made by him against Heretiks yet in his Declaration touching the benefits and commodities of the Peace of Prague set forth at Baden the 8th day of Iune 1635 he doth plainely professe That if haply any man shall conceive that in the Treaty of Prague sufficient provision is not made for
the good of the State and of Religion that the cause thereof is not to bee imputed to him and his Confederates but to the most Christian King Who though hee bee commonly stiled the eldest sonne of the Church yet hee was not onely not ashamed in the beginning of this Warre to sue for the assistance of Heretikes to call in the King of Sweden a stranger to aide him to make a solemne League with him to feede and re-enforce both their strengths being joyned together and of his owne proper motion without any cause and contrarie to his promise given to invade the Provinces of the Empire but doth still daily endeavour to stirre up the Princes and States against him being pulled away from the Emperour Yea more after that by the Victory of Nordingen very many were added to his party hee with armes in his hand tooke possession of the Cities which were brought under his Command cast the garrisons of the Catholikes out of them restored those of the Heretikes and as much as in him lyeth doth endevour to stoppe the progresse of peace and Catholike Religion in the Empire Insomuch that he tooke the boldnesse to promise the Duke of Saxony if hee would range himselfe on his side hee would not onely procure him the better conditions of peace but that hee would labour with tooth and naile that the Heresie of the Lutherans with the rest of the Sects might bee publikely established in the Kingdome of Bohemia and the Provinces united to it Good God what a thing is this the most Christian King who when the rest turned their backes did by his intercession alone made to the Swedes preserve the Catholike faith in most of the Provinces of Germany did hee with the utmost of his strength stop the progresse and increase thereof Hee that delivered divers Bishops out of the fires of their enemies did hee adde flame to the Warre against the Catholikes He that stripped the Heretikes of France out of all their strength and laid them on their backes was it his care to raise up the Sectaries of Bohemia to their ancient power These are frivolous devices of his adversaries who when they cannot cloake their invasions by a title of civill right they betake themselves to the counterfeit vizard of oppressed Religion and as if the warre were made in Germany for the destruction of Religion not of Tyranny they traduce all those that stand for the libertie of the Empire as Heretikes or at the least favourers of Heretikes 2. Because the Protection of the Princes and States of the Empire cannot bee charged to be the French Kings fault The true and principall cause of this quarrell and indignation is that the most Christian King when things were in regard of any other helpe in a desperate condition hee received the Archbishop of Triers being oppressed by the Spaniards into his patronage and protection but when hee had cast the Spaniards out of the Citie and Territorie of Triers he restored the Prince freely to his rights and dignitie year 1632 That then having joyned his armes with the Swedes he delivered divers other States of the Empire as namely the Palatines the Alsatians and the Westrasians from the pillings and pollings of the Austrians and the Lorraines That hee did by no new nor unheard of example but such a one as was laid downe before him and delivered to him from his Ancestors set limits to the ambition of his enemies and stoutly defended the Germane libertie The protection of people in distresse the raysing up of the afflicted and the restoring of them that are cast out is naturall to Kings and doth not belong unto them so much by the right of their Scepter as by the law of humanitie It is the duty of a good Magistrate to governe his subjects and to protect his Allies neither is there any greater instrument or testimony of good governement then when neighbours are preserved from the hands of their enemies And if by common right it be a fit thing for all Kings to succour those that be afflicted yet none did ever more justly and happily practise it then the most glorious Monarches of the French who for this last age and more to lay aside those things which are more ancient and more forreigne have sent frequent aides unto the Catholike and Protestant States of the Empire against the Invasions of the Spaniards year 1534 So Francis I. in the yeare 1534. joyning his armes with Philip Landgrave of Hassia restored Vlricus Duke of Wittembergh after 15. yeares banishment being cast out by those of Swawben through the faithlesse dealings of the Austrians to all the rights and Territories which Ferdinand I. had formerly possessed under the name of an Imperiall Fee So Henry II. making a League with the Protestants in the yeare 1552. year 1552 brought home Iohn Frederike Elector of Saxony and Philip the Landgrave of Hassia being like slaves shut up in prison by Charles V. for above 5. yeares together contrary to his faith and promise and restored them to their former libertie So in the yeare 1620. year 1620 when by the Vnion of the Protestants and troubles of Bohemia the affaires of the Catholikes were brought into great streights and the Emperour himselfe being then in a manner besieged in Vienna ranne a hazard not onely to lose the Kingdomes of Bohemia and Hungary but even his owne Hereditary Provinces Lewis XIII being as well moved with the zeale of preserving the Catholike Religion as with the often iterated intreaties of the Austrians sending Embassadours to the Assembly at Vlme dispersed the forces and Councels of all the united Princes procured a truce betwixt both Armies perswaded the Prince of the Transilvanians to peace and so giving the Emperour liberty to breath delivered the House of Austria from most certaine ruine Now if the Emperour abusing so many favours done him doe turne his victories obtained against the Heretikes and Rebels into a slaughter of innocents and oppression of his neighbours and doe trans-ferre the fortunes of the Empire to the private benefit of his owne Family no man ought to thinke it strange if the most Christian King hauing beene the authour of all those Victories doe endeavour to moderate his enormous usurpations and to reduce them to the equalitie of the ancient right especially since he well knowes what difference there is betwixt the Common-wealth and Religion and will not so advance the rights of the Empire or of the Allies thereof that he will depresse or hinder the cause 3. The most illustrious Elector of Trevers or Trier did justly and seasonably obtaine the protection of the French M. M. Author 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pro Domo Austriaca Bruxellis editi 1635. Richard Wasserburgh in Antiquit. Galliae Belgicae lib. 1. p. 12. lib. 7. p. 102. 943. or exercise of the Catholike Religion And whereas that Bundler of calumnies that Pamphleter of Brussels doth traduce this protection of the neighbour Princes
power as the Palatines the Hassians and those of Wirtemberg he commanded that some of them should prostrate themselves as humble suppliants to obtaine mercie and others he put into the secret List of proscribed men and excluded from all hope of pardon or benefit of the Amnestia induced thereunto by no stronger motive then this that with the estates and spoiles of the dispossessed he might reward those who had either formerly done him or lately promised him their faithfull service The forces of the Empire being by this meanes united he denounced a most deadly Warre against the French under pretence of recovering Lorraine and against the Swedish under colour of vindicating the Germane libertie moved thereunto by no other consideration but because those two Kingdomes had hitherto cast in the way fatall rubbes to hinder the Austrian Greatnesse and Spanish Monarchie They say that the Roman Triumviri Dion Histor lib. 46. p. 335. to the end that they might purchase the favour of the people unto their proscription a thing before that time not heard of did draw on the great men partly by the Possessions of the slaine partly by the great Offices and Priesthoods of the dead that they obliged the Souldiers with the Patrimonies of the conquered and with provisions of Victuals to be supplyed from the Cities without Money that they fined the Citizens at a Tenth of their Countrey Mannors and Farmes and at a halfe part of their other Revenues reckoning it as a speciall favour done to those of whom a tenth part of their Revenue was so exacted though they had not so much as a tenth part of their estate left But this furie was confined within particular Walls the bounds of one Citie did prescribe limits to these slaughters and the safetie of all was redeemed with the butcherie of a few Here all the Citizens and Subjects all the Provinces are in the same danger no Citie no Countrey no Citizen is exempt from the miserie of Warre no corner of all Germanie where the Rapines of Souldiers have not accesse The Confederates as well as the Enemies are oppressed with excessive Contributions and as if in this eighteene yeeres Warre bloud enough were not yet shed in Germanie the Armes that are still bloudie with the slaughter of our friends and allyes are transported into France and Sweden And yet notwithstanding what labour soever had beene used by mans industrie and whatsoever Envie can endeavour for the destruction of Innocents the justice of the common Cause remaines invincible there hath hitherto neither wanted successe to things ill designed nor an expected event to things very ill undertaken but the execution of this Peace remaines as unhappie as the Treatie thereof was unjust So perpetually true is that Maxime of Providence That fortune is answerable to the designes the issue conformable to the inventions and ill counsell the worst to the counseller Neither is it to be thought strange that so unluckie and so unjust a Pacification hath rather kindled a Warre then quenched it when as the authors of it aymed onely at this to preferre their private ends before the publike good to purchase their owne securitie with the ruine of others and make havocke of the safetie of all for the quiet of a few And so factious spirits being drawne into contrarie wayes in stead of an universall Peace came forth a particular transaction dishonourable to the Emperour disgracefull to the Saxon trecherous to the Protestants to them that were excluded voide and in the censure of Strangers most shamefull and as well in regard of them that contracted it as on their behalfe against whom it was contracted of no force or validitie at all CHAP. I. The first Nullitie of the Treatie on the Emperours part first because treating concerning Church-Lands exceedeth the power of the Emperour FOr first to let that passe that a few Princes of Germany who in the common Cause are not Iudges but parties cannot at any private Meeting determine of the affaires of the Empire nor debate at their pleasure in a Conventicle at Prague Controversies which are onely to be decided in the generall Assemblies of the Empire nor to conclude upon a Peace concerning the tranquillitie of the Christian World within the secret Chambers of one Citie and in a word out of a corner of one Kingdome to denounce a deadly Warre against so many Princes Dominions and Kingdomes Certaine it is by the opinion of the Doctors of the Austrian side That the Emperour cannot establish a lawfull and firme League with Heretickes upon such a condition as to grant unto them the Lands and Rights belonging to the Church lately usurped by them and free exercise of their Heresie in the Empire So amongst others did Iacobus Simandra Tractat. tom 11. p. 11. p. 181. Bishop of Pace teach a good while since in his Booke of Catholicke Instruction cap. 46. n. 52. where hee saith That this doth also appertaine to the punishment and hatred of these Heretickes meaning the Lutherans That faith or promise made unto them is not to bee kept notwithstanding it be confirmed by oath And a little after There can be no commerce nor peace with heretikes and that therefore faith given unto them though confirmed by oath ought by no meanes to bee kept And hee addes further This is often said by us and yet it is necessary to bee uncessantly itterated and not to be silenced as long as that name of peace is pretended So Conradus Brunius professor of the law and Chancelor of Otho Truchsesius Bishop of Auspurg at the same time when the transaction of Passaw was established in the Empire in his third Booke de Hereticis c. 15. puts this question Tractat tom 11. p. 305. Whether contracts agreements lawes and rescripts whereby heretike doe obtaine peace and securitie be of any force or validitie so as if any man shall offend them bee be guilty of the breach of such a peace Also who they bee that are permitted to reforme Churches administer and dispence to possesse lands and estates belonging to Churches and Ecclesiasticall Iurisdiction to bee suspended against them And hee answereth expresly that such contracts agreements c. are of no validitie And that it is an unjust and blasphemous condition whereby permission is given to Heretikes to teach their doctrines And in the end of the same Chapter hee addeth At this day no peace can be of force which is made with Heretikes upon this condition they are not to bee offended That that peace is abhominable and to be abhorred which is is made upon this condition that those which offend them should bee condemned to have broken the peace That on the contrary all Divine and Humane lawes would have them utterly distinguished And so lately Martinus Becanus Doctor of Divinitie and Professor at Mentz in a disputation concerning faith to be held with Heretikes c. 10. p. 88. and so forward teacheth That Set forth at Mentz 1607. and reprinted