THE MANIFEST OF The Most Illustrious and Soveraigne Prince Charles Lodowick Count Palatine of the Rhine Prince Electour of the Sacred Empire Duke of Bavaria c. Concerning the Right of His Succession Both in the Princedome Lands and Estates of the PALATINATE As also in the Dignity Voice Session and Function of the ELECTORSHIP-PALATINE thereunto annexed Translated Anno. M.DC.XXXVII LONDON Printed by A.G. for I.N. and R.W. And are to be sold at the signe of the Kings Armes in Pauls Church-yard M.DC.XXXVII The Preface THe State of Empires Kingdoms and all Societies is best knowne by those Lawes Orders Contracts and Constitutions which by common consent are for the time being established amongst them for State is from standing and that present condition wherein a thing standeth is the State thereof What hath been heretofore or may bee hereafter doth rather belong to their Story than their State By this Line we may measure the Germane Empire at it hath long stood and yet standeth though like an old house nodding to the ground J will not describe the whole frame therof but onely such parts as may give light to the ensuing discourse Looke wee therefore backe to former times and we shall finde that Germany like a vast body was cut and mangled into divers Nations Formes and Governments till the Raigne of Charles the Great about 800 and odd yeeres agoe Jn His dayes the great Roman Empire split into two whereof the Westerne part fell to His share which Hee after subdivided among His sons Charles had Germany Lodowick had France Pipin had Italy But Germany is the greatest carried away the Imperiall Title from the rest which caused great dissentions not onely betwixt the three pretending Nations but also among the Princes of Germany after Charlemaines Line was out At last Hugh Capet setting up a new Race in France to secure His owne posterity was willing to let fall the strife for the Title and yeelded it to Germany But Italy tossed with the furies and ambitions of the Popes ever rebelled against the Emperours and inward broyles fowlly defaced Germany Till at length the Princes tyred and consumed with these evills were forced to advise together for their owne preservation and the Empires Then was produced this forme of State which hath continued without change many hundred yeeres First they made a Law That the Emperor from thence forwards should be chosen among themselves whereby all pretentions should bee restrained Next they appointed the choosers whereof according to those times three were Bishops Mentz Tryers and Collen and three Princes the Palatine Saxe and Brandenburg These sixe doe onely and properly constitute that Colledge which is called the Supreame Councell of the Emperour and Foundation of the Empire But because their number was even and in Elections it must be odd the King of Bohemia was added to them that in the Colledge might be a casting voyce for He hath onely Electorall Right at times of election and is never else admitted into the Dyets or Councels of the Colledge This Colledge was then ordained with prepetuall elective power Insomuch that when any was chosen by the Chapters of Mentz Tryer or Collen to bee Bishops they were immediately likewise Electours but because they could not marry and were alwaies chosen there was no need to povide for their succession But the case was different of the Electours temporall For they being great and Soveraigne Princes before they were Electours had no meaning to make there Estate worse by that Addition And therefore it was enacted as an irrevocable Law that their Electorall Dignities and Temporall Princedomes should goe together and bee entayled upon their eldest Sonnes and Heire-males descending from them by the Fathers side for ever For they held in necessary to cleare the Succession in those Houses which had perpetuall Right to choose the Emperour well fore-seeing that it might bee no lesse pernitious to the whole body to dispute who should be Electour than it was before who should be Emperour whereas now the whole Empire might certainely know where the Dignity would descend and so be alwaies at rest from whence it appeareth that on the certainety of the Colledge the Jafety of the Empire dependeth Now this Right of succession is so rooted in these Electorall Families and in every one of their Male off-spring that it cannot bee plucked up nor alienated nor forfeited nor transferred by any resignation or delinquencie but onely by failing and extinction of blood in which sole case both the Dignity and Inheritance revertes unto the Empire as a Fee thereof The summe of all is that by this Policie and Constitution of the Empire which hath bin confirmed by such continuance of time the Emperour is Elective and the Electours Successive and in the mutuall oathes which passe betwixt them the Emperour is bound deeper to them and by them to the Empire to preserve them all in their immunities than they to him who onely sweare homage and fealty not as His but as vassals of the Empire In which relation if afterwards any or Electour or of an Electorall House shall commit the highest crime though as great as Treason yet they cannot bee punished much lesse deposed by any power of the Emperour who is not the Lord of their Fee but by a lawfull tryall before the Electorall Colledge and estates of the whole Empire of which onely they doe depend As vassals of the Empire they may be tryed for their offence and punished in their owne persons but as Princes and Soveraignes in their estates they cannot be tainted in blood nor by their crime prejudice the succession of their Heires which is the difference betwixt the Regally of these Electorall Tenures and those of other Nations for their treason doth taint the blood and disableth the Sonne to succeed the Father because the Sonne succeeds in the Fathers Right which the Father having forfeited the Sonne hath nothing to succeed but heere the Sonne succeedeth not in the Right of his Father but of his owne by reason of that first and Originall Contract made with his Ancestours wherein Hee was invested and comprehended as well as his Father and cannot be excluded from his owne Right but by his owne offence Which seemeth to bee a most just and naturall sanction That if every owne will looke to his Innocence the Law will looke to his Right And this may suffice for a small Jntroduction to the worke CHARLES LODOWIKE By the Grace of God Count Palatine of the Rhine Archidapifer and Prince Electour of the Sacred Empire Duke of Bavaria c. To his Imperiall Maiesty To all Kings Potentates Electors Princes and Estates within the Empire and whole Christendome Addresseth This his ensuing Manifest The Manifest IT hath beene the constant custome amongst sundry Nations of the world from the beginning thereof to this present age that in all hereditary kingdoms and principalities the succession should descend upon the eldest Sonne or the next males in blood to
the deceased without let or contradiction And as this Right of Birth and prerogative of nature is large and universall so in especiall manner it hath beene confirmed and observed most exactly in the Electorall houses of the Germane Empire insomuch that many hundred yeeres agoe when it seemed good to the preceding Emperors Princes and Estates of the Empire to found and erect the Colledge of Electors as well for the setling of a good order as for preventing of all divisions They decreed by common consent and ripe deliberation that the three Electorall houses of the Palatinate Saxony and Brandenburgh should from thence forwards and for ever after have their certaine and unquestionable successours in their Electorall Office and Estates and Regalities thereunto annexed Ordaining moreover that whensoever any of the said Electors should depart this world then his first borne Sonne and the male issue or in default thereof the next of that a Agnation is that Line in blood which comprehendeth all the Cousins or male-descendents on the Fathers side â—â—o in the Empire are only capable to succeed in Electorall and princely Houses Agnation should be received and acknowledged by all the States of the Empire for true and lawfull Electours Or if perchance they were under yeeres that then they should be reputed as Successors designed and in due time invested by the Emperours raigning in the right of their successions Which wise and wholesome Ordination whereby the Empire had so long time been peaceably governed was againe in the yeere 1356 at the intervention of all the Electors Princes and Estates ratified and established for a fundamentall Law of the Empire by the Golden b So called from Bulla the stampe or seale of gold which was appended to this imperiall Charter here mentioned wherein was contained all the laws forms and orders of the Empire both for choosing the Emperour as Head and preserving the Estates as Members in their severall liberties rites and lignities Bull of Charles IV. then Emperour In such sort that all Constitutions of the Empire and c Wheâ— the Electours were agreed of the person before they declare Him Emperour they required an oath of Him to maintaine the Lawes of the Empire and preserve them and the Estates thereof in their severall Rights and Immunities And this is called the Imperiall Capitulation Capitulations of the Emperour together with the mutuall bonds and unions betwixt Electors which have since that time beene made and contracted were laid and founded upon this fundamentall Sanction and whatsoever hath been contriued to the prejudice thereof held for illegall and of no validity The word of the Golden Bull whereby the right of Birth and Succession is inviolably preserved in the Electorall Houses follow in this forme The Law concerning Electorall successions That hereafter no dispute nor dissention arise betweene the Sons of the said Electours and Princes temporall and that the publike good and tranquillity suffer no stop nor detriment We desirous to remove all such impediments Doe by this present Act never to be repealed declare will and ordaine by Our Imperiall Authority That when any of the said Electours shall decease his Right Vote and power Elective shall descend to his eldest Sonne being secular and begotten in lawfull marriage and by his decease to his eldest Son without any opposition And in case the eldest Sonne should depart without lawfull heires being secular then the Right Vote and power Elective shall be transferred by vertue of this Act to his next brother by the fathers side lawfull and secular and so successively unto his eldest Son Furthermore this Succession in the eldest Sons and lawfull heires of Electors and Princes concerning their Right Vote and power Elective shall from hence forwards be for ever precisely observed with this Declaration That if perchance and Electour his first borne Son or his next eldest brother of the first borne Son shall have the Tuition and Administration till He accomplish his Maiority which in an Electour shall be eighteene yeeres Compleate at the end whereof the Right Vote and Elective power with all the appurtenances shall devolve upon him which together with the Electorall Office shall bee resigned to him by the said Tutour and Administratour Since therefore by the death of the most Illustrious Prince Fredericke V. Count Palatine of the Rhine and Duke of Bavaria and afterwards chosen King of Bohemia Our most Honoured Lord and Father of happy memory the office of High d For more honour to the Coronation the foure temporall Electors doe the Emperour service for that Day King of Bohemia giveth him Drinke as Cupbearer Electour Palatine setteth on the first Dish as Sewer which is called Truckcesse The Electour Saxony carrieth the Sword as Marshall and Electour Brandenburg beareth the Key as Chamberlaine Truckcesse and Electourship of the Empire together with all the Rights Suffrage Dignities Regalities Lands People and Subjects thereon depending are fallen unto Vs and that by vertue of Our proper and acquired Birth-right of the Contract and providence of our Ancestours of all Feodall lawes of the first e So called from Simul together because when a Prince or Electour is invested by the Emperour it gathereth and includeth all the rest of his blood and Agnation and entitleth them to the same Right of Succession with himselfe wherby every one succedeth in his owne Right and can neither foresee more than he hath nor be prejudiced by the forfeiture of another Simultaneous Investiture of the Golden Bull of Imperiall Charters of fundamentall Lawes of f By these Covenants All those in every Electorall House who appertaine to the male blood or Agnation are bound to observe the foresaid order in their severall successions which is established by the ancient and publike Constitutions of the Empire namely which descendeth upon the Eldest Sonne and so forward to the next male Cousin in blood by the Fathers side Covenants made in our Electorall House and of the Confirmation of many foregoing Emperours they are inseparably intailed upon us And since Our dearely beloved Vnckle by Our Fathers side the Duke of Simmern hath in conformity to the Golden Bull resigned as well the Tuition of Our Person as Administration of Our Estates at the time prefixed We having as it became us waited the time and now by the grace of God attained our full age doe thinke Our selves bound in honour and conscience to take upon Vs the Succession of Our Electorall Dignity and all things thereunto belonging as that whereunto God Nature and Our Right hath called Vs. To which purpose We doe now present our selves both to your Imperiall Majesty of whom We have in due forme demanded Our Investiture as also to have all Kings Electours Princes and Estates in that Electorall quality which belongeth to our Birth and Succession hoping that yee will not onely receive and acknowledge Vs therein but also assist and maintaine Vs in Our illitigable Right Here
the Duke of Bavaria who both for his Religion and his assistance in the warre against the Palatine hath well deserved of the Emperour so as the desire of your Holinesse is that the Palatine should be stripped of his Dignity and punished accorning to his desert rebellion The Cardinall Ludovisius wrote from Rome the 16 of Octob. 1621. to the Arch-bishop of Patras Popes Nuncio at Bruxels to this purpose Letters of the Cardinall Ludovisius about the Translation Yee shall use all possible meanes to diswade the Infanta her Highnesse from agreeing to a suspension of Armes And concerning the Person of the Palatine my advise is that since Hee is once deprived of his Countrey Hee ought to take it for a speciall grace if He may have leave to submit himselfe to the Emperour but notwithstanding any submission nothing ought to be restored to his children unlesse they be brought up in the Catholike Religion For it were a great errour to suffer the Palatinate in the hands of Hereticks which is so neare to the Low Countries Therefore it behooveth you to be watchfull there as well as the Nuntio is in Spayne who hath order to imprint this point well in the Kings minde The Pope will also doe his best to perswade the Emperour and the King of Spayne that the Palatinate bee shared among the Catholicks whereunto you shall doe very well to dispose the Infanta Caraffa the Popes Nuntio at Vienna wrote to the forenamed Arch-Bishop of Patras the 20 of October 1621 to Bruxels in this manner Letters of Caraffa the Popes Nuntio about the Translation There is no doubt to bee made of the Emperours intention to transferre the Electourship Palatine upon the Duke of Bavaria The only stop proceedeth from the Spanyard which I should not have beene bold to say had not the Prince of Eggenberg assured me that the Emperour had finished the businesse long agoe but for the wilfulnesse of the Spaniards who for want of other evasion cover their crossenesse under the pretext of the Electour of Sax. But to stop this starting hole the Arch-Duke Charles is lately gone to the said Electour though under another colour g The colour was to dispose the said Electour to a suspension of armes and execution of the Ban which at that time was promised by word of mouth to my Lord Digby from whom we shortly expect answer which if it bee not a flat negative but neutrall and indifferent we will goe on and urge the Emperour to dispatch the worke and the rather because the Count d'Ognate seemeth to say that the King his Master will be content if the Duke of Sax. be not contrary Neverthelesse because we are iealous of the Counts perversenesse although the Duke of Sax. should consent we have without noise and under hand sent Fryar Hiacynthus into Spayne to blunt the indeavours of the said Count and of Digby the English Ambassador designed to goe thither to which end the Emperour hath written with his owne hand to the King of Spayne to Don Balthazar and the Nun Infanta without the Knowledge of any In summe you see the state of the businesse and by discourse of the Spanish Ambassadour we further finde that the Spaniard on whom all dependeth would not much oppose this translation if these three points were provided for First that the Duke of Bavaria should restore upper Austria That for defraying of his costs Hee should have the upper Palatinate which is more than his due and would content Him And that the Nether Palatinate be left to them whereunto the Duke of Bavaria should renounce all the pretention which He might have in right of the Electorall Dignity The said Nuncio writing to Fryar Hiacynthus the 16 of October 1627 saith as followeth I besought the Emperour to keepe the businesse secret who told me He had already written with his owne hand to the very cover for the more secrecy And a little after I drive on this businesse with earnestnesse albeit I something doubt whether it be necessary or no seeing our friends are minded to doe that which the Count of Zollerne caused to be propounded by a Minister of the Emperours to the Duke of Bavaria a part yee understand well what I would say I have given out that ye are going into Italy and hitherto they know no otherwise Moreover in another letter of the same Nuntio to the said Capuchin of the 20 Octob. 1621 are these words The first Pretention of the Count d'Ognate is to have the upper Austria restored and that for his expences in the warre the Duke of Bavaria have the Electorall Dignity and the upper Palatinate which as the Count of Zollern tels me doth surmount his charges And a little after wherefore I believe the Count d'Ognate nor his minister will ever assent to the Translation unlesse it be for their owne interest thereby to draw into their owne clutches the Nether Palatinate as a Country which much importeth the house of Austria both in regard of the Empire and of the Netherlands For by that meanes the Dutch Protestants can neither assist the Hollanders nor the Hollanders the Dutch Protestants and so the King of Spaine would bee master in the Low Countreyes and the Emperour in Germany It is also very remarkeable what the Duke of Bavaria promised under his hand and seale in the treatie of Vlm which Hee concluded by interposition of the French King with the Protestants then united the 5 of Iuly 1620. where Hee assured them in the word of a Prince and in the most valuable forme in law \ That none should invade or molest the Lands Estates Townes Borroughs villages or possessions of any of the Electours temporall or spirituall nor should any wayes trouble one another in their government or Religion But that the Evangeliks as well as the Catholikes should live in concord together leaving one another to enioy their owne in peace And in the third Article of the said Treaty where the Kingdome of Bohemia and incorporated provinces are excluded The Electorall Palatinate together with the hereditary lands scituated in the Empire are expressely comprehended Which the said Duke of Bavaria did afterwards confirme by his Letters and not alone to Our most honoured Lord and Pather but also to the States of the upper Palatinate even after Hee had accepted the Commission against the Kingdome of Bohemia and Count. Mansfelt as the words of notification sent from Straubing the 8 of September 1621 doe testifie That for his person he had nothing to doe with the upper Palatinate nor had ever done it any wrong All which agreeing with the Emperours promise made to my Lord Digby for a suspension of Armes the beginning of September 1621. whereby He declared That so long as the Treatie of peace should last with the King of Great Brittany Hee would grant no further commission to execute the Ban against the upper Palatinate Our deare Lord and Father had little reason to
occasion that the Empire should longer groane under those miseries oppressions which threaten utter destruction And therefore if the Rights of all Parties may be so provided for that none may suffer wrong we are contented to redintegrate the Colledge by acknowledging the Duke of Bavaria for Electour But before he be put in possession we think it needfull first of all that all the Armies speedily dislodge out of the Lands and Territories of the Electours Princes and Townes Imperiall whereby it may appeare that the said Duke be received for respect to the Emperour and zeale of publike peace rather than by constraint which caution is the more reasonable because the troops of the Duke of Brunswick and Count Mansfelt are utterly routed and disbanded and all the Evangeliks have licensed their souldiers so as there being nothing more to be feared it would be unjust and against the lawes of the Empire to burden it with souldiers when there is no warre and oppresse those parts with superfluous charges which live in quiet and obedience Secondly that letters of recognisance be given by his Imperiall Majesty as also by the Duke of Bavaria fully testifying that neither the Ban of the Count Palatine nor Translation of the Electorate shall be any way hereafter alledged to the preiudice of the Electorall greatnesse and dignity or of the Golden Bull or Imperiall Capitulation or else of the Electorall Princely Houses in their severall Rights and Investitures Thirdly that the Rights of all those shall be no wise diminished to whom the Electourship Palatine belonged before the said Ban or Translation but that in their severall degrees they may after the death of the said Duke of Bavaria be admitted into their Rights without delay Vpon these Conditions we shall not refuse to acknowledge the said Duke for the present and the rather because whatsoever shall hereafter happen the Suffrages which we have delivered in open Counsell and which are inserted in the Records of the Empire will beare us witnesse to all Posterity that we failed not in due time place and manner to represent all things which our oath and Electorall Office required The Electour of Brandenburg in his answere given the Baron Hannibal of Dona dated at Coningsberg 22 May 1627. thus declareth The only cause which hath hitherto stopped His Highnes from agreeing to the point of Translation was That he thought it would rather sowe the seeds of discord than be a bond of peace and stirre up forraine Armes then quiet all at home since He hath found by experience to the great losse and ruine of His Countrey as well as other Estates that he was not mistaken in his beliefe But forasmuch as His Highnesse understandeth that His Imperiall Maiesty is out of hope that the Empire would ever be appeased unlesse the Electorall Colledge be first unanimously conjoyned by the introduction of the Duke of Bavaria That on his part he might further the Counsells of Peace and Prosperity of the Empire and avoyd the imputation of future Calamities His Highnesse is not unwilling to beare respect and obedience to His Imperiall Wisdome and conforme himselfe unto His will by receiving and acknowledging the Duke of Bavaria for a Coelectour during his life upon these tearmes and reservations First That he intendeth not by this Act any way to depart from the Suffrage and declaration of his Conscience made in the Diet at Ratisbone touching the publication of the Ban and Translation of the Electorate thereupon ensuing Secondly That thereby He will nothing derogate from the preheminence of the Electorall Colledge nor from the Sanctions of the Golden Bull nor Lawes and Constitutions of the Empire nor the Capitulation Imperiall nor yet from the Rights and Investitures of other Electorall and Princely Houses against any whereof He meaneth not that this His Act shall be drawne in consequence Thirdly He purposeth not in the least manner to prejudice by this His declaration the Cause of the Prince Palatine nor His Children Brother Blood or Agnation much lesse to contribute to their exclusion or any was to charge Himselfe with the Palatine Cause Wee are not ignorant that neere twenty yeeres agoe and now afresh since the Translation of our Electorate certaine rumours have been spread abroad especially in the Courts of forraine Princes as if the Electorall Dignity had of old beene an exed to the House of Bavaria and not of the Palatinate and that heretofore Contracts of alternation had beene made and observed betweene both Houses that they should enjoy the Dignity by turnes All which hath beene forged to this end that it should not seeme strange that the Session and vote Electorall which had been so long neglected by the Predecessours of the Duke of Bavaria should be restored by his industry and returne to the proper house Not to enter into the debatement or this Cause which is a digression from the purpose nor to repeate that which persons of quality have published to refute this vaine pretention we will wholly referre our selves to the Golden Bull as to that supreame and fundamentall law which can onely determine this cause whereby it will appeare whether the Electorate belong to the Bavarian or Palatine Line and what is to bee judged of the pretended part of alternation In the 7. Title thus we finde it Law for entailing the Electourship upon the Palatinate and not on Bavaria Since therefore it is commonly knowne to almost the whole world that the King of Bohemia Count Palatine of the Rhine Duke of Saxe Marquis of Brandenburg have by reason of their Kingdome and Principalities the Right Suffrage and Session to chuse with the Ecclesiasticall Electours a King of the Romanes and install him Emperour And that they are therefore established as true Electours of the Empire with authority to make Elections c. And in the beginning of the 20. Title Whereas all and every one of the said Princedomes by vertue whereof the Temporall Electours have full power right and suffrage to elect the King of the Romanes and make him Emperour together with their rights functions dignities and appurtenances are so straightly knit and united c. By another Edict of the Emperour Charles the 4. who enacted the Golden Bull the same was confirmed Anno 1356 in these words That the right of Election was annexed and founded upon the County Palatine his Imperiall Majesty and all the other Princes had certaine knowledge and no doubt was to be made thereof And a little lower For as much as we firmely know that the voice and Power Elective are founded with such right in the lands of the County Palatine and office of high Truckcesse that the one cannot subsist without the other To this may be added That the Count Palatine by reason of the Palatinate and not of the Dutchy of Bavaria is provisionally the Vicar of the Empire as the Golden Bull clearely ordaineth in the 5 title As often as the Empire shall fall in vacancy
at our entrance Wee can easily imagine that the Ban against Our most honoured Lord and Father the execution of the same together with the translation of Our Electourship which is still detayned by force may be cast into Our way by partiall and cold affected people but We intreate them all to spare their judgements and looke a little backwards upon the Protestations and just Defences which have beene made both in publike writings and assemblies there they shall finde the complaints of the temporall Electours against those unjust proceedings and the nullities of the same to be proved incurable And if need-full it were to enlarge those deductions which are already published to the world We are to know that our said Lord and Father not long before his death caused his just Apologie to bee drawne in writing against those violent proceedings with a purpose to have put it out but that He feared occasion might have beene taken from thence to have hindred some treaties and mediations then a foote since it hath beene suppressed by his untimely death which otherwise had it seene the light would questionlesse have imprinted better opinions in the minds of those who have beene choked with blinde and sinister informations For the present We referre the clearing of those matters to the publike bookes afore mentioned and referre expressely to our selves the defence and vindication of Our most deare Lord and Fathers honour by all lawfull waies against false and calumnious imputations hoping that no living soule can with reason blame this duty in a Christian and obedient sonne But in this passage We cannot conceale the inwardnesse of Our griefe to see the translation of Our Electorall Rights not onely usurped by force of armes but justified and confirmed by the late Treaty of peace made at Prague the 30 of May last under this painted pretext as if forsooth the whole world and in particular the Electorall Colledge assembled in the yeare 1627 had found and charged Our most deare Lord and Father as chiefe Authour of all the broyles happened first in Bohemia and afterwards throughout the Empire whereas the contrary was seriously represented and avouched to the Emperour by the whole Electorall Colledge and Diete at Ratisbone in the yeare 1623 the 30 of Ianuary as appeareth by their joynt relation as followeth That the Palatine was a yong Prince and not being able to Counsell Himselfe was seduced by others That He was not the Authour of the troubles in Bohemia and that others who had no lesse offended His Imperiall Maiesty had beene pardoned Wherefore they all besought His Maiesty to overcome Himselfe by his owne magnanimity and to turne His rigour into gentlenesse whereby the Palatine upon due deprecation might bee admitted to grace and the Empire be refreshed and setled in peace Otherwise if the waies of extremity were still continued nothing could be looked for but effusion of blood vastation of the Empire with new and fearefull combustions This was at that time the opinion of the said Electours which notwithstanding they strangely changed afterwards in the Diete at Mulhausen though they had lesse cause than before Now it is Manifest enough and might easily bee further cleared with what zeale and sincerity Our most honoured Lord and Father laboured to quench that fire which others had kindled and to obtaine the favour and reconciliation of the Emperour together with his owne restitution The many Treaties offers submissions satisfactions cautions made by Our most honoured Lord and Father together with the frequent Ambassages Intercessions Remonstrances of divers Kings Potentates Electours Princes and Estates in this behalfe are so many witnesses of His paines and integrity To passe over the friendly diligences which Our most honoured Lord and Father used to still and appease the first ruptures of Bohemia as also what Hee propounded to the Electour of Saxony and Landgrave of Darmstatt after the battaile of Prague touching His own reconciliation We will onely produce the testimony of some Ambassages in this place which were sent to the Emperour by the Kings and Allyes at the instance of Our most honoured Lord and Father The first was Anno 1621. when the Lords of Rantzow and Wintersheim were dispatched to Vienna from the King of Denmarke reiterated againe Anno 1622. by the Lord Bogwisch of Haslow seconded with the Letters and intercession of the Electour of Saxony The second sort are those Ambassages which were imployed to the Emperour by the late King of Great Britaine Our Grandfather of blessed memory namely by the Earle of Carlile 1619. by Sir Henry Wotton 1620. by Sir Edward Conway 1621. and Sir Richard Weston in the same yeere by the Lord Digby 1621. by the said Sir Richard Weston at Bruxells besides all those Treaties in Spain and elsewhere negotiated by His other Ambassadors The third sort are partly Letters sent to the Emperour by the said King of Great Britaine before the translation of Our Electorall Dignity under the date of 12. November 1621. Wherein divers Conditions were propounded to the advantage of the House of Austria and partly the conference at Colmar in Iuly 1627 with the Dukes of Lorraine and Wirttenberg who were admitted as Interposers by the Emperour himselfe together with our Offers and Declarations which were there made upon the foure Articles propounded in the Emperors name by the Prince of Eggenberg The fourth sort are those two solemne Ambassages which the King of Great Britaine our most Royall Vncle sent by Sir Robert Anstruther to the Emperour and Electors assembled at Ratisbone 1630. and to Vienna to the Emperour apart 1631. And lastly We referre our selves to those diverse writings and letters which Our most honoured Lord and Father sent abroad to Kings and Princes but especially to those two which He wrote with his owne hand unto the Emperour By all which though barely recounted as passing by it plainely appeareth that Our most honoured Lord and Father omitted no possible meanes to seeke and sue for his reconcilement preferring alwaies the publike peace before His private interest and what He could not doe by himselfe or his Ministers by reason of the Ban against Him He laboured to effect by the mediation of great Kings and Princes His Allyes ever willing to submit himselfe to reason which doth not onely discharge Him of those wrongfull imputations as though He by his practises stubbornenesse and rejection of all equitable meanes had beene the chiefe cause of these miserable warres and ruines in the Empire but also discover that the fault is to be truely imputed to them who disdainefully waving these many offers instances and intercessions of peace have driven all things to extremities to glut the covetousnesse and ambitions of their hearts But who will looke into the letters of his Imperiall Majesty written with his owne hand the 14 15. of October 1621. to Don Balthazar of Zuniga one of the Councellers and Grandees of Spaine shall there find other reasons indeed the true
causes which moved His Majesty to thinke it most necessary then to transferre our Electorall Dignity upon the Duke of Bavaria without delay For after many considerations alledgd which made him resolve never to restore Our said Lord and Father He thus writeth Letters of the Emperour for translation of the Electourship Palatine to the Duke of Bavaria Since we have concluded with our selves even before God gave us this great victory That the Palatine once proscribed could no more be restored without manifest danger of the Catholicke party and all our house and considering that the Duke of Bavaria is a Zealous Defender of the Catholicke cause and that his Countrey is a Bulwarke for ours against the Dutch Princes Wee have of our owne proper motion but inspired no doubt from God given the Palatine Electorship unto him as to a Prince endowed with great riches and full of wisedome to beare so high a Dignity And forasmuch as his help and services have stood us much in stead and may be still of great use unto us for recovering Our Kingdomes and Estates The time it selfe seemeth to require it more than he that we hasten the performance of our promise in transferring the Electourship upon him whereby wee shall also ease our selves of much trouble and cut off all hope from the Palatine and His friends who with too much importunity presse his restitution And because this worke needeth the assistance of the King of Spaine we have thought by your meanes earnestly to exhort him not to neglect this fit occasion to advance the establishment of Our House and the cause of Religion to both which He is well inclined For he cannot be ignorant that in this opinion Our Ancestours were confirmed that the foundations and pillars of Our House were laid and grounded in Germany which ought with so much the more care be defended against Our enemies because if the foundations be shaken the Fabricke cannot long subsist Now among all Adversaries against the greatnesse of Our House none hath beene more opposite within the bounds of Germany than the Count Palatins as it appeareth by the time of Maximil I. Charles V. Ferdinand I. and Rodolph II. This being certaine that the rebellion of the Netherlands against His grandfather Philip II. was fomented from the Palatinate and that He will never bee able to reduce them to His obedience unlesse this Stocke bee first rooted out of the Empire In the postscript of the said Letter this motive was likewise added That if we had one Catholike voyce more than wee have we should also be assured that the Empire would remaine in the Catholike hands and by consequence in Our House to the advancement whereof the Duke of Bavaria would willingly concurre in requitall of this great benefit having beene exalted by an Emperour of Our House to so High a Dignity In another Letter of the Emperours written to the King of Spaine under the 〈◊〉 of May 1622 are these words Since it may be presumed that the English Ambassadour hath Commission amongst other things to urge the restitution of the Palatine now exiled We thought good to acquaint you in confidence that We have lately promised for many reasons the Electorall Dignity and Prerogative fallen into Our hands unto the Duke of Bavaria as to one who during these publike troubles and confusions hath well deserved of Vs of the Empire of Religion and of Our house and still ceaseth not to undergoe infinite charges notwithout the danger of his life and Estates insomuch as having already granted Him our letters Patents nothing now remaineth but what dependeth on time and occasion namely to give Him investiture and introduce Him into the Electoral Colledge and so to put Him in full possession If any man would know the foule and the fayre of this pretended promise and translation of the Electourship how it was negotiated contrived and agreed by the suggestion of the Pope and operation of certaine Monkes as also how it was secretly carryed and concealed from the Colledge of Electours who were afterwards assembled at Ratisbone onely to approve the said translation and to assist the solemne Investiture with their presence we shall send the Reader to the Publike Acts and originall letters out of which these things following are extracted First in the Emperours letter of his own hand to Don Balthazar de Zuniga bearing date 15 of October 1621. are these words Moreover I cannot for beare to acquaint you that since wee have divers times both by word and writing promised the Duke of Bavaria who hath so much obliged us to transfer the Electourship Palatine upon him We know not by what meanes we can withdraw our promises without wounding our honour and provoking Gods anger against us In another letter written with the Emperous owne hand to Hiacynthus a Capucin bearing date 15 October 1621. Although wee doubt not but you will handle the businesse committed to your charg with that wisedome God hath given you yet for the trust we have put in you wee will not for beare to give you this advise That ye should not mention in the Court of Spaine that the Duke of Bavaria hath already the Investiture in his hands for we feare that if they should know so much it would infallibly breed rather harme than good but ye shall rather labour to rectifie those errours which are currant there and dispose them not onely to agree with our opinions but also to assist us in our designes that we may perfect this blessed worke so necessary for the preservation of our holy faith and by consequent of our Family For yee know well enough that if the King of Spayne should abandon us we were not able of our selves to make our promise good to the Duke of Bavaria In the Emperours Resolution given in writing to the Popes Nuncio Fabritio Verospo at Vienna in February 1622 are these words Resolution of the Emperour about the translation His Imperiall Maiesty having well considered the pregnant reasons which moved his Holinesse to perswade him to transferre upon the Duke of Bavaria the Electorall Dignity Titles Honours taken from the Palatine proforibed doth first of all duely thanke his Holinesse for shewing by so grave an Ambassage his Fatherly care to increase the Catholike Religion and relieve the miserable estate of the Empire and that his Holinesse might see the providence and care of his Maiesty concurring with him in the same ayme and ends Hee hath already begun that Translation which his Holinesse desired and assured the Duke of Bavaria thereof by his Letters Patents The Count d'Ognate Spanish Ambassadour at Vienna caused a memoriall to bee presented to the Pope by his brother Ambassadour then at Rome beginning thus Hiacinthus the Capuchin was sent by your Holinesse to the Emperour to exhort Him partly to continue the warre against the Hereticks Enemies of our Mother Church and disobedient to your Holinesse partly to dispose him to translate the Electorall dignity upon
solemnity the said Investiture declaring and conditioning therein as it appeareth by his finall resolution taken upon the last advise of the said Electours 23. Februar 1623. That as he never purposed in the least manner whatsoever to derogate either from the preeminence of Electours or from the Constitutions of the Empire or his owne Capitulations so hee did not intend by this investiture to prejudice any in his right To which end Hee would have this clause inserted into the investiture of the Duke of Bavaria namely That it should no wise wrong the Emperour or the Empire or the children of the Palatine or his brother or the Duke of Newburg or any other of his Agnation who might justly have any pretence All which should be expressely reserved and withall possible speed decided by transaction or by law Insomuch that upon sentence given in favour of the Palatines brother and next of Kin the Electorall Dignitie and what shall be more adjudged shall escheat and belong unto them after the death of Maximilian Duke of Bavaria wherein they shall be also invested by the Emperour And hereunto the said Duke of Bavaria upon communication had thereof not frustrating the good opinion of the Electours Princes and Ambassadours now assembled hath accommodated himselfe and is willing to prouide sufficiently for that point by his Reversall letters wherein He hath sincerely testified his true intentions to the Emperour and Empire and to publike peace and tranquillitie The same was confirmed by the Emperour in his letters to our said Royall Grandfather the King of Great Britany dated from Ratisbone the 5. March 1623. wherein are these words Letters of the Emperour confirming the same to King Iames. Concerning your Nephewes by your daughter and those of the Palatines Agnation as it was never in Our thoughts to prejudice the right of any by this Our declaration so it is our will that a doore of grace and equitie bee alwaies left open to their pretended succession in the Electorall Dignitie Here we will set aside what passed from the first beginning at Rome betwixt the Pope and Cardinals for advancing this injurious translation and Investiture as also What was promised by the Duke of Bavaria to the See of Rome in acknowledge ment of his due obligations all to the disadvantage of the honour and preeminence of the Empire But soone after that the Investiture was dispatched Our Electorate Princedomes Countries people and Subjects were in a manner strange and unusuall in the Empire torne and shared into diuerse peeces Our Princedome of the High Palatinate was conveyed hereditarily to the Duke of Bavaria for the redemption of the upper Austria which was morgaged to him by the Emperour for his charges in the warre Afterwards the Governments of the Low Palatinate on the same side of the Rhine were set unto him at sale on a certaine price as appeareth by the Briefes intimated to Our Subjects The most part of the Nether Palatinate on the other side was consigned into the hands of the King of Spaine by way of compensation for the great costs which he pretended in the war The Government of Germershein fell to the Arch-Duke Leopald Vtzberg and Vmstat to the Landgrave of Darmstat The Bergstrat to the Bishop of Mentz Barchstein and Weiden to the Duke of Newburg And others there were who carried away peeces of our Inheritance as if it had been a common spoile All which was flat contrary to the Golden Bull to the fundamentall lawes of the Empire to the Rights Customes Priviledges and Investitures of former Emperours and to the promises of this For the Golden Bull doth in many places clearely forbid the renting and dismembring of Electorall and feudall Countries In the 24 Chapter Lawes against dismembring the lands of Electours thus it stands We therefore will and ordaine as a perpetuall law that the High and Noble Princedomes to wit the Kingdome of Bohemia the County Palatine of the Rhine the Dukedome of Sax. the Marquisate of Brandenburg together withall their lands limits homages and Fees thereon depending shall in no wise bee severed or devided but shall remaine whole and entire for ever And in the 20 chapter thus We ordaine by this our Imperiall Act to endure for ever that every one of the said Princedomes their severall Rights Voyces Offices and Dignities Electorall with their appurtenances shall inseparably remaine ioyned and united And a little after Seeing therefore these bee things inseparable they can neither be divided in themselves nor by iudgment of any Court neither shall any one bee heard who soliciteth such a sentence or if perchance any hearing suite or sentence shall bee hereafter sought or granted by errours or other meanes against this our present act We declare the same and whatsoever shall follow thereupon to be nought in law without worth and validity By all which passages every eye may see where this translation Investiture sharing dividing bargaine and sale of our Estates Dignities are to be lodged But for all that the Duke of Bavaria was thus invested and put in Possession of the Electorall Dignity Voyce and Office it cost both Him and the Emperour himselfe much paines and labour and that not without certaine Articles and conditions before they could induce the two Electours of Saxony and Brandenburg to receive him into their Session and society in the Colledge To beginne which worke the Duke of Bavaria brake the yce earnestly requesting the Electour of Mentz then living by letters dated at Ratisbone 4 of March 1623 to doe his best offices with the Duke of Saxony declaring reciprocally Declaration of the Duke of Bavaria to execute the Electourship That since it pleased his Imperiall Maiesty to thinke it necessary for the common good to conferre the Electorall Dignity then vacant upon him and that in such a forme as preserved the Right of Agnation and interest therein He had submitted to His Imperiall pleasure and was ready by the helpe of God to confirme Himselfe and all his actions to what the Golden Bull the Electorall Dignity the lawes of the Empire and more particularly the sanction of Civill and religious peace did require Whereupon the Electour of Ments beganne to deale with the Duke of Saxony and many reasons to perswade Him to acknowledge the Duke of Bavaria for Coelectour as appeareth by his letters from Ratisbone the 11 of March 1623. from Aschaffenburg 7 October 1623. Item the 3 Novemb. 8 December of same yeare as also from thence of the 13 February 1624. sent to the Electour of Brandenburg Moreover the Emperour himselfe pressed the said Electours by many messages and exhortatations wherein He used the Marquis Ernest of Anspach and principally the Baron Hanniball of Dohna yea and to make the matter the more easie the Electour of Mentz tooke a iourney to the Electour of Saxony in person Insomuch that after much writing divers conferences specious arguments and faire promises the businesse was so farre advanced
assembled it may prove a cause of greater division and a fire-brand of warre to consume the Empire Therefore Hedeemeth the restitution of the Palatine though upon due terms of submission to be above all things necessary to obtaine this setled peace for the purchasing whereof more regard should be had to the publike than to any other consideration This being certaine that the Empire can never bee quieted by rigour and extremity but will rather bee forced to keepe in armes and exposed to daily danger Moreover this Translation although it concerneth a member of the Electorall Colledge and bee the most weighty businesse can fall out in the Empire yet it hath beene done without their knowledge and even in this assembly onely intimated unto them as a thing concluded without ever asking their advice or approbation A course never taken before this day For albeit the examples of this kinde are so few that onely one is found where the Electourship was translated for delinquency yet wee may therein observe another kind of proceeding The case happened in the time of Charles the fift and in the person of Frederick Electour of Saxony who renouncing his homage and obligation to the Emperour his Electourship was promised and assigned to Duke Maurice in the Camp of Suntham the 27. October 1546. where the formall words declare that the said promise was made by due course counsell and deliberation of the chiefe States of the Empire The 19. May in the Campe at Wittenberg 1547. the said Duke Fredericke renounced the Electourship and the 21. May passed a particular Act thereof with Obligation The 4. of Iune of the said yeere the Electourship and Office of high Marshall with all the appurtenances was transferred upon Duke Maurice in presence of the Emperour Electours Princes and forraine Nations with power to make use of the Right and Title thereunto belonging The 24. February 1548. the said Duke Maurice was solemnely invested at Ausburg under the Skie and received into the Fellowship and Session of the Colledge by all the Electours who by a speciall Act testified that all was done by their knowledge and approbation by all which circumstances it appeareth that the promise of the Translation and the Investiture of the said Electorate was publikly done in the presence by allowance of all the Electours Besides that it may further appeare how that by this Translation the publike peace whereat it aimeth cannot bee attained His Highnesse doth professe that although the uttermost extremities should be used yet neither the children of the Count Palatine nor His Brother and the rest of that Agnation cannot legally bee excluded in regard of their innocency from their claime and recover of the said Electorall Lands Dignities and to shew that they have no mind to be deprived of their Right so long acquired to their House the instances of the said Brother of the Duke of Newburg and of the other Palatines by their Ambassadours here present made to the Emperours Majesty and the Electorall Colledge do sufficiently testifie For this kind of Investiture called in the Empire simultaneous is of another nature and condition then the custome of common Fees being purchased and received in every mans proper Right by taking an oath and touching of a sword whereof no man therein comprehended can be further deprived then for himselfe and for his owne offence which truth is clearely exemplified in the person of the Duke Mauritius a forenamed for although the Elector Duke Fredericke was lawfully deposed and His brother Duke Ernest excluded by the Ban for their owne offences yet that tainted not the Duke Mauritius who after them was the next of blood by that Right succeeded for it had not beene necessary to have deprived Duke Ernest the brother by Ban if a third party innocent could have forfeited his Right by the crime of another In Summe Poenae debent tenere suos Authores being a thing unjust to take from any man his inherent Right who by no fault of his owne had unrighted himselfe This Law therefore so long rooted in the houses of Electors and temporall Princes cannot bee dissolved without infinite prejudice to them all who for the crime of any one man might be exposed to the uncertainty of their claimes and tenures and disappointed of their naturall Rights and Successions although they were inculpable which is a thing unfit to be councelled and unanswerable to posterity In another suffrage of the said Saxonian Ambassadours this is added The reasons alledged by His Highnesse the Electour of of Saxe upon the point of proscription are founded upon the groundary Lawes whereupon the wellfare of the Empire reposeth and which are left as certaine stable and immutable rules from whence the Arguments which are likewise drawne are confirmed with examples which plainely shew what great warinesse the Emperours Charles the V. Ferdinand the I. and Maximilian II. deceased used in publication of a Ban. Suffrage of the Brandēburgers against the same The Ambassadours of the Electour of Brandenburg opined in this manner They could not but repeate their former suffrage concerning the proposition not being yet able to conceive by what reason the Electours can be excluded from a businesse of such moment that the good or bad Estate of the whole Empire dependeth thereupon The Capitulation solemnly made and sworne requireth that in all important cases the Counsells of the Electours should be taken and expressely prescribeth the manner of proceeding in any businesse which mought happily fall out betweene the Emperour and Electours or Imperiall Estates But although there had beene no such publike Capitulation yet the affaire of it selfe is of such consequence concerning an Electour and his Dignity that it ought not to bee sequestred from their cognisance and advice and the rather because it chiefly touching the Emperours house the remission thereof to the Electours would have cut off all occasion of jealousie or complaint that His Majesty had been too hasty in His owne cause Besides seeing that the forme of a suite and sentence is a part of justice and that justice can bee no wise better administred than according to the Lawes enacted and established it had been very just and necessary not to have condemned the Count Palatine before His cause had been duely heard after the custome of the Imperiall Chamber If it be replyed That the crime of the Palatine was so notorious as it needed not a formall suite That will hardly hold water for in the Capitulation which without all question is a fundamentall Law and of strict observance there is no such distinction found and where it doth not distinguish our part is to be ruled Albeit the writings which are abroad seeme to proove that this which is called notorious is a particular case and the proceedings therein doe contradict the Royall Capitulation Againe before such a sentence had been published many considerations should have been had and circumstances examined specially those which concerned the
the most Illustrious Count Palatine of the Rhine by vertue of the Electorate and Princedome Palatine shall administer the affaires thereof in place of King of the Romanes over all the Countries of the Rhine Suevia and Franconia True it is that Ludo vicus the Bavarian Emperour having banished and dispossessed his elder brother Rodolph Electour Palatine because He had given his voyce and assistance to Frederick the faire Arch-Duke of Austria against himselfe he laboured to impose upon the children of the said Rodolph restored after his death such a covenant of alternation but as it was attempted without right or reason so it never had effect for the Bavarian Line cannot produce one sole example that ever executed elective power and all their pretentions were fully rejected and nullified by the Golden Bull whereas in the Palatine House the said Right and Dignitie hath remained without any interruption having for the space of three hundred and odde yeeres assisted as Electours and high Truckcesse at the Elections and Coronations of thirteene Romane Emperours one after another And here the occasion offereth it selfe to remember without boasting the merits of our Predecessours and Palatine House not onely in the Empire and all Christendome but especially towards the House of Austria which hath beene oftner exalted to the Imperiall power and great nesse by our Ancestours than any other though many times to their owne disadvantage The example of Rupert Count Palatine King of the Romanes showeth with what zeale and courage He governed the Empire and pacified the trouble thereof Philip and Frederick II. Anno 1530. valiantly defended the City of Vienna against the Turkes neither sparing their Estates nor their lifes Particularly the said Frederick did diverse great and usefull services to Charles V. and his brother Ludovicus was the chiefe cause that anno 1531. Ferdinand the first was elected Emperour at Colen notwithstanding that Iohn Electour of Saxe protested against it for his sonne Rodolph of Haburg might next to God thanke Lodowick Electour Palatine by whose meanes Hee was made Emperour who was the first that beganne to advance his house and transmit the Dutchy of Austria to his posteritie The same Lodowicke stood alone against Adolph Count of Nassaw who by all the rest was chosen Emperour and mightily laboured to bring in Albert of Austria sonne of Rodolph Rodolph Electour Palatine chuse Fredericke Duke of Austria Emperour against Lodowick of Bavaria his owne brother which cost Him as is said his Dignities and Estate And it is well knowne that the late Emperours Maximilian the I. Charles V. Ferdinand I. Maximilian II. Rodolph II. and Matthias have received no small assistance and good offices from the Electours Palatines our Predecessours to attaine the Crowne Here also may not bee forgotten how true and sincerely Our most honoured Lord and Father dealt with the present Duke of Bavaria not onely visiting Him in person at Munchen Anno 1618 using all free communication with Him but also not long before His journey into Bohemia recommending to his trust his Countries and Estates as to one in whom hee had most confidence who also at that time promised all kind of good neighbourhood and to doe no displeasure as appeareth by their mutuall letters But especially when Our said Lord and Father to make him feele his intire affection gave him his Electorall voyce to be King of the Romanes Anno 1619. in these words Having ever in Our heart desired to see Right and Iustice duely administred in the Empire all disorders and oppressions removed and the causes of forraigne warre prevented We have among all the Potentates Electours and Princes fixed our thoughts upon the Duke of Bavaria as upon a Prince wise peacefull full of experience governing His owne Estates in quiet and not engaged in any warre which We propound not out of disaffection to any of the forenamed much lesse to the House of Austria which hath often felt and found the good offices of our Electorall House but only as we conceive the course of the present affaires and that according to Our oath And therefore in the Name of God We give Our voyce to the said Duke of Bavaria All which being in it selfe cleere as the day we cannot but thinke it very strange that without taking notice of the aforesaid demonstrations the proceedings against our deare Lord and Father our Selfe Brethren Blood and Agnation have beene carried with such rigour and animosity taking from Vs without all forme of justice what God Our birth and Right hath given Vs. But that which grieveth Vs most of all is That not contented with those exorbitant and dangerous innovations the pretended Translation of Our Electorall Voyce Place and Function with all that thereon dependeth hath againe beene ratified and confirmed upon the descendents of the Duke of Bavaria and his brothers and upon the whole Line of Duke William their father deceased Notwithstanding that it was granted to the said Duke for the terme of his life as the Electours of Saxe and Brandenburg were assured who gave their assent for no longer time By which violent and peremptory proceedings that which at first was but oppression and might have vanished with time will now put on the face of Law and be made perpetuall Whereby We Our brethren blood and Agnation may be for ever deprived in Our spotlesse innocence of all the ancient and inherent Rights of Succession Reversion and simultancous Investiture inseparable from Our House And that without all bounds of Iustice or forme of Law unaccused unheard without the knowledge and assent of the Electoral Colledge and to the infinite prejudice of all Electorall and Princely Houses who may reade their owne story in Our Oppression Indeed our most honoured Lord and Father was in His life time advertised that the perpetuation of Our Electorate in the Line of Duke William had beene long agoe projected and more specially in the late Electorall Diet at Ratisbone Wee have also heard That hereditarily an Investiture was promised under Seale to the Duke of Bavaria and that to dispose the Electours of Saxe and Brandenburg the more easily to consent the peaceable enioying of the Ecclesiasticall goods would be granted to them for fourty yeeres But these things being so directly contrary to the former assurances to the declarations of His Imperiall Maiesty to the protestations of the two temporall Electours to the reversalls of the Duke of Bavaria to the Golden Bull to the fundamentall Lawes and to all Right and equity Wee did forbeare along time to give any credence to them Till in the last Treaty of Prague betweene the Emperour and the Electour of Saxe We finde the Translation of Our Electorall Dignity with all the dependances to bee setled and entailed upon the Line of Duke William for ever and to be received and approved by the two said Parties Treating as an Article of Peace and a Case cleerely decided The Case in Law that the Electourship can neither be
forfeited nor translated but onely by failing in blood But for the better understanding of this Point wee must know That the Electorall and Soveraigne Estates which hold in Fee upon the Empire are farre more transcendent than common Tenures of Inheritance It is true indeed that Lands and Lordships which descend by inheritance from the last Possessour to the next heire are subject to many changes They may be sold morgaged alienated attainted confiscated according to the severall Reasons and Statutes of Law and all to the prejudice of the lawfull heires But Electorall Tenures so long as the State of the Empire standeth are warranted against all these kind of changes and but in one onely Case are immutable and unreversable to the Empire and that is for deficiency of male Issue by the Fathers side and extinction of blood For when the Estates of the Empire found it at the first needfull for the policy and peace thereof to erect the Electorall Colledge and invest the three Houses of the Palatinate Saxe and Brandenburg which at that time were Soveraigne with the power elective there passed a Contract betweene the said Houses and the Empire that the said Electorall Dignity should remaine rooted in them and descend from Father to Sonne and so to the next males of the Fathers blood comprehending all that should hereafter be borne as if they had beene then extant and enabling them to succeed in their owne proper inherent and unalienable Right for ever This stipulation in the first Investiture hath beene a leading Rule and President for all after times wherein it hath beene the constant use and practise in the Empire to keepe up the same forme and in all Electorall vacancyes to admit and invest the next of the male blood without rub or interruption This Custome hath received strength and authority in the Empire for the continuance of times from the foundation of Lawes from Covenants and Capitulations from tryall and experience from the approbation of all Estates and from the reverent esteeme and inviolation of it selfe till these present times And for further declaration of this ancient Right and Regality of Succession in Electorall Houses it hath beene a maxime and opinion delivered in all Ages that they succeed not by right of inheritance nor by any will or disposition of the last possessour but by the providence of their Ancestours and by Covenant made with the first Contracters whereby the Right of every male who should appertaine to that Stock and Linage to the worlds end was actually included not onely as pretenders in their owne time but as Compossessours from that present From which infallible grounds these consequences naturally will arise First that it is not in the power of any Father or possessour of these Electorall Lands and Dignities to alienate or engage them to the prejudice of their Blood though it were to pay a Dowry or redeeme a Captive or for any other extreame necessity the reason is because they have no further right in them then during the life of their owne persons and cannot therefore alienate the right of others who by their decease step into their place by surrogation and not inheritance Secondly no Predecessour nor Father can by any Felonious crime whatsoever though it were of the highest treason attaint the blood or forfeit the Right of his Successours who are not guilty of the same crime because their claime is not from their Father but from their Stocke invested in their birth and blood and by Law irrevocable Thirdly the Emperour being onely upon certaine Conditions by choyce not by nature Administrator of the Empire on which these Electorall Dignities and Estates doe hold hath no direct power or dominion over these Tenures all He can doe by the uttermost of Law is to lay His Action against the right of the party offending but not against the Right of the rest which resideth in their innocent blood and is locked up within the barres of immutability as too noble and precious a gift to depend upon the fact or keeping or inheritance of any possessour Since therefore as well the Electorall claime belonging by Covenant to our House as the naturall and lawfull possession of our Estates and Regalities are delivered by our Ancestours and devolved upon us as the first in blood no earth by power whatsoever can call them into question or deprive us our brethren or Agnation of our right and much lesse transferre it to any other without rearing it out of the faith full custodie of ancient Covenants stable lawes and venerable customes and obtruding forraigne plots and innovations and making an irreparable rent in the frame and bodie of the sacred Empire Had wee our brethren or blood beene as guiltie of crime as we are laded with punishments yet if any respect had beene showne to the ordinances of the Empire to the Capitulations of Emperours or to the grave and solid remonstrances of the two foresaid Electours wee should at least have beene tryed by the law but since the proceedings against us in our tender innocence hath been no lesse extreme and rigorous than if we were the most obstinate enemies of the Empire and highest delinquents against His Imperiall Majestie wee doubt not but God in whom we trust and who is Iudge of all will doe us right and when he pleaseth pronounce his sentence according to the justice and equitle of our cause In the meane time we hope that all Kings Potentates Electours Princes Estates and Persons whatsoever that free from partialitie and voide of passion shall examine these violent and precipitious proceedings by our blamelesse innocence will not only be touched with a sense and compassion of our case but will esteemethem all as vicious and unjust and of no force to prejudice our Rights unto which God and nature the consent and sanction of the whole Empire hath entitle us And that the rather both because nothing to this day hath beene nor can be laid to the charge of us or our brethren as criminall against the Estates and lawes of the Empire or his Imperiall Majestie as for that the seysure of our prerogatives the detention of our Estates the translation of our Dignity and the present perpetuation of all like so many linkes of usurpation were contrived and compassed in the time of our nonage whereby wee could not sooner protest nor oppose nor vindicate our Rights nor cuter into the government of our affaires till now that we have attained our Majority Heere wee may note that if the two Electours of Saxe and Brand enburg judged at the first that the translation of our Electourship though but for a time and restrained onely to the person and life of the Duke of Bayaria would not withstanding be injurious to the preheminence of the Colledgre Electorall and to all temporall Princes as depriving innocents of their inherent and simultaneous Right invested in their blood and planted in their Stocke against all the lawes Rights formes and