person and obser ultima n. 32. the Ban saith hee expires with the death of the outlawed per L. the crime or punishment of the father can lay no blemish upon the sonne 26. ibi Nor can he bee made successor of another mans offence D. de poenis per L. defuncto D. de publicis judiciis per L. 1. final C. si reus vel accusatus morinus fuerit adde L. publica 3. D. de publicis judiciis allegat infr Secondly he should be compelled to confesse and acknowledge that hee is no Prince of the Empire because he hath need to bee admitted into that order But they who doe not esteeme him for a Prince of Germany that is of the Empire must needs praesuppose him either to have beene a bastard or sprung of some obscure Race and that his Parents were not Princes unlesse they would call him a Prince of England or Spaine or France or some other Empire but this is falfe unlesse that he may bee deservedly stiled a Prince of England as being a Prince of that royall blood as the other is diabolicall The rights of blood inquit lex cannot be taken away by any Civill Law by which the Outlawrie is brought in L. jura 8. D. de regul juris L. jus agnation 34. D. depactis The sonne of the proscribed Prince of Anhalt though taken prisoner in the battell of Prague never needed to be restored againe to the dignity of Princes but ever even in his captivity because himselfe was not proscribed nor could the Ban of his Father by any law bee of force against him he was alwaies accounted and called a Prince even by Caesar and the Imperialists though his Father was not yet discharged of his proscription So also the sonnes of Iohn Fredrick Elector of Saxony were accounted amongst the Princes and acknowledged for Dukes of Saxony and so stiled though their father was then proscribed and in captivity And now who can deny that the children of King Fredericke the Counts Palatine that is Princes of the Empire should be acknowledged for personages of that dignitie The Emperour himselfe calles them by no other name nor otherwise can he call them But it is sufficiently knowne what it is to be a Count Palatine in the Empire and sprung from the Electorall house of the Palatine This name and title belongs to no other man nor is given to any but him onely that is a Prince To be stiled the Count Palatine and reckoned amongst the Counts Palatine is all one as to be a Prince of the Empire in such a ranke and degree as by the order of the Empire is granted to the Counts Palatine which are the first and chiefe amongst other Princes The title of Count Palatine is of a higher esteeme in the Empire than that of Duke and Prince And therefore in the marshaling of their titles and dignities the Princes Palatine preferre the name of Count Palatine before the title of a Duke Are not the Children of King Fredericke sonnes to the Neece of the King of Denmarke by his Sister Are they not Princes of the royall blood of England If they had nothing else to show but this prerogative of birth and the splendour of their fathers linage should adde no honour to them who could deny that they were Princes who durst presume to dispute and take away this privilege from them derived unto them from their mother their Grand-mother and their Great Grand-mother all both Queenes themselves and Kings daughters for any sentence against their father And therefore by what law or ground is it ordered that Charles Lodowicke the Electour borne Count Palatine and that litle lesse than three yeeres before his father was proscribed should need to bee restored into the number and degree of the Princes of the Empire It is great cruelty to compell the sonne by his owne confession and acknowledgement to iudge and declare his owne father whom in his soule and conscience he doth conclude guiltlesse for a Rebell Enemy and Traytor to Caesar but more cruelty if he be constrained and enforced to confesse himselfe an offender who is no way conscious of any offence nor by reason of his infancy could doe any and so deprive himselfe of his priviledges dignity and prerogative of his parentage But it being granted which can never be proved that the father was a most hainous offendor and had committed rebellion and treason in the highest degree and was therefore justly condemned to banishment and deprived of all rights and priviledges yet this sentence ought to be no plea in barre against his children conceived and borne before sentence of their fathers proscription especially in those things which concerne that dignity which was borne with them their privilege of nobilitie and such things as descend not from the person of the father but are due unto thē by right of blood the right of their family by the covenant and transmission of their fore-fathers and by the disposition of the Law as are the Electorate and the Principalitie of the Empire that is the royall antient Fees which come not by name of inheritance nor by succession of the father but by right of the first and Simultaneous investiture and the grant of the first acquirer c. 1. § postea vero gloss in d c. § cum vero Conradus in verbo frater lib. 1. de fend tit 1. De his qui feudum dare possunt Baldus ad Rubric de succession feudi ad § Hoc quoque n. 4. The sonne saith he comes not in as a common heire but by right of blood which is unchangeable in c. 1. § finali Evae fuit prima causa benefic amittendi By birth-right saith he forme of investiture being set down by the Lord from the tenor wherof there must be no variation the son succeedeth in the fee. Iulius Clarus prime Chancellour to the King of Spaine regent in the province of Millain lib. 4. sentent feudum q. 66. proveth that the crime of the Father doth not exclude the son from the antient fee lib 5. sent § laesae Maiestatis n. 10. that the punishment of the Father for high treason is of no force against the children which are borne and conceived before their fathers trespasse upon which Baiardus noteth that the Fathers punishment is praejudiciall to the children only in those things which descend to them from the person of their father not in other things as namely those fees to which they succeed by covenant and provisoes Adde hereunto Boerius who decision part 1. q. 10. n. 6 affirmeth that the sonnes for the Fathers offence cannot be deprived of the estate setled upon them before the offence done that the sentence hath no force against them which are borne before but onely after the offence committed Cynus in d. l. Quisquis Alciate who Consil 467. n. by the common received opinion denyeth that the sentence concerneth those children who are lawfully conceived and borne
THE EVAPORATION OF THE APPLE of Palaestine That is The Sifting of the Answeres and Rescripts lately given in the Cause of the Restitution of the Palatinate Together With a briefe Demonstration of the Nullities of the clandestine dispositions by which the Electourship and the Palatinate hath beene transferred on the House of Bavaria Translated out of Latine LONDON Printed by A G. for Ioyce Norton and Richard Whitaker And are to be sold at the Kings Aâ—mâ—s iâ— Pauls Church-yard M.DC.XXXVII TO THE MOST HIGH and MIGHTIE PRINCE Charles Lodowicke Count Palatine of the Rhine Archidapifer and Prince Electour of the Sacred Empire Duke of Bavaria c. THis amongst other reasons Most Illustrious Prince which prevailed with mee for the publication of this booke was the prime and principall that I might give notice to the whole world and to them who either out of ignorance or affection will not judge aright of the truth of things that the cause why that same solemne Ambassage which the most incomparable Peere THOMAS HOVVARD Earle of Arundell and Surry lately performed in Germany for the restitution of peace and of the Palatinate both with one commission to bee dispatched came not to a happy conclusion was neither in the most renowned King CHARLES Your Vncle nor in Your selfe but in those onely who upon honest conditions and demands would not suffer any thing that is moderate and of it selfe equall and just to bee obtained For Your part the mindes of all that were any way interessed in You were ready and willing to accept of any tolerable conditions But of the other side such things were prescribed and exacted as neither with honour and safety nor with conscience and the good of the Common-wealth could either bee granted or submitted unto as it is evident by the publike Acts and which we have shewed in this Enodation That which concerned mee in this businesse I hope and that not without some diligence I have discharged that is to say with our penne style writing as much as our ability would permit We doe vindicate and maintaine both the justice of Your cause and the innocency of Your person and exhibite to the world how great injustice is done to Your selfe and Kindred It is Your duty now since You have assaied all things 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by faire meanes and Your honest endeavours have beene frustrated that You advise of other remedies and embrace such instruments as You may by just armes recover and wrest from those unjust usurpers and possessours that which by violent force they have extorted from You. But that neither the power and fortune of Your adversaries nor the diffidence of Your owne abilities nor the warres proving for the most part unfortunate to King Fredericke Your Father and his Allies should either deterre procrastinate or make You timorous Tu ne cede malis sed contrâ audentior ito To evils doe not you give way But forward goe with vertues sway The felicitie of Your adversaries is so much the more slippery by how much the higher it is ascended it is come to its height and now stands tottering by and by ready to fall with his branches if but once shaken with some sudden violence of the North South-wind Things of moment are ruined in a moment and the dubious fortune of that injurious and ingratefull House is wheeled about It will not long retaine those things which by violence fraud and injustice it hath detained from Thee Quem Dies vidit veniens superbum Hunc Dies vidit fugiens jacentem Whom the Sun rising saw in honours place Him the Sun setting saw in great disgrace Goe forward then most Illustrious Prince bee bold confident adventure to the utmost You shall have God and the winds to second your Sailes with a prosperous gale A small Army guided with Councell and true valour have many times subdued great forces How often have a little Company by marching forward and adventuring in warlike affaires got the victory of a mighty hoste A Cane non magno saepe tenetur Aper Not seldome times in open Field By little Dogge great Boare is held Even small Creatures have procured danger and destruction to greatest beasts Your cause is good and You shall have Armes that will maintaine Your cause The revenge of cruelty and injustice doth pursue your enemies put on persist if that the Land denies a way let the Sea prepare your passage to them by perverting and preventing said that great King by turning aside and by going forward are battailes wonne The first preparations of warre are somewhat difficult but once gone into the field You shall have Councels Associates Companions Souldiers A small Band under the conduct of a couragious and valiant Leader in time will encrease to a great Army Observe the occasions and moments of times actions and men as they offer themselves and thinke upon them If You will associate Your selfe with any of Your friends that doe warre with You You shall be a most welcome Companion and receive sociable assistance from them The experience of many ages and the Annales doe testifie that in the beginning all warres almost have gone against them to whom of right the victory appertained but in the end the better cause have alwaies triumphed and prevailed Fortune is not without its returne shee hath a long while favoured Your adversaries and forsaken you now the wheele is turned shee may forsake them and follow You. But whether am I carried These things are not for this place and time Onely the God of Heaven make and keepe You most Illustrious Prince flourishing and in safety and prosper all Your Councells and designes to Your hearts desire From the Vbij the Nones of March 1637. VOLRADUS a TRUBACN To the Courteous Reader AS he who afarre off beholds Brasse or Tinne cannot easily distinguish the one from Silver or the other from Gold unlesse hee comes neere them And as to one having the crystalline humors of his eyes darkened or using spectacles the object beheld appeares lesser or greater than in trueth it is So for the most part those which are possessed with an over-weaning opinion and conceit or led away by ignorance or a false perswasion or stirred up with a troublous passion or sudden motion of the mind examine things sleightly not prying into the more hidden secrets of the matter and touching onely as I may so speake the shell but not at all attaining the kernell they judge and determine farre otherwise of mens actions counsells intentions opinions words and writings than is lawfull and agreeable to trueth That fatall Palatine Cause so generally knowne through the whole world affords a notable and lively example hereof Cui non dictus Hylas Where is the man to whom this sad newes hath not beene related But who I beseech you amongst so many thousands doth at this present sincerely and faithfully and uprightly judge thereof who among so many doth well know and understand it For who
desire of the Bavarian on the other Only one must be Electour and keepe that dignitie two cannot sit in that seat of Iustice nor performe the office of one man nor speake with one tongue nor give one vote The seaven Electours like seaven pillars support the state of the Germane Common-wealth If there be more or fewer the Symmetrie and bulke of that building must needs fall The Golden Bull which is the Royall fundamentall law and princely decree admitteth only of seaven and to each of them assignes and prescribes his office principalitie and power to which the Electorate is annexed hence also it stiles them the seaven candle-stickes the number of which can neither be augmented nor diminished without dismembring and subverting of the body of the Republique If there were more as nine or eleaven for the number must naturally bee uneven lest the voices being even there might happen a division and schisme in the election of a king what places what preferments what offices beseeming their high dignity could be appointed to them What lands and provinces for the setling the Electorate could be assigned to them So great is the authority of the Golden Bull that it cannot be altered and violated by the Emperour though with the consent of the Electours unlesse by overthrowing the lawes that is by racing the foundation he would pervert and ruinate the state and constitution of the Commonwealth But if it should happen that nine Electours should be created how can they be marshalled in their proper ranks and order the Palatine surely will not suffer himselfe to bee displaced and put by of his right and possession confirmed by the custome of many ages by the fundamentall Laws and by the consent of so many Emperours and all the Princes because he cannot doe this without impeaching his honour and wrong of his conscience nor yet without reproach and injury to his whole family For so he should acknowledge and by his giving place and example make it publikely appeare that He is justly deprived of his ancient and acquired right and prerogative which time out of minde did appertaine unto Him among the Electours and accept it as a great favour that he should bee admitted as a new creature and an Electour upon the instance of intreaty when yet with lesse disparagement and indignity Hee might better renounce the whole Electorate then consent unto so dishonourable a change of precedency and order into the lowest rancke which would bee a signe of a foolish and pusillaminous ambition The Bavarian likewise will by no meanes suffer himselfe to be removed from the place into which he hath ascended with so great and fervent desire fury and violence with so much labour and sweat with so much effusion of blood and long continuation of Armes and which he hath snatched away by force and conferred upon his family Although a new Electour ought to sit in the lowest place and not to be esteemed of higher eminency then any other and yet such is his ambition and so high are the thoughts of his aspiring minde that he makes no bones to contend for principality not onely with the Electours farre more ancient then himselfe but with Caesar himselfe also as appeares by the experience of many former yeeres when hee compelled Caesar at the meeting at Ratisbone to discharge Wallinsten of his office and to approve all the other things which he then demanded Long before that the Bavarian was placed by Caesar among the Electours even in the times of the Emperours Rodolph and Matthias he contended with the Arch-Dukes of Austria for the first and more honourable place he did ambitiously affect the title of soveraignty as well as the Austrians in fine constrained Ferdinand who then wanted his assistance to give him that title before he was made a new Elector It is true indeed that the Dukes of Bavaria possessed of the estate and chiefe of their family made some scruple to give place to the Arch-Dukes of Austria which were not advanced to regall and Imperiall dignity in the assemblies and parliaments of the Empire professing themselves to be more ancient Dukes and that it was unlawfull for the Emperours derived from the Austrian family to preferre their posteritie before the Bavarian family which long time had enjoyed the priviledge of the chiefe seate by making them arch-Arch-Dukes because also the Duke of Bavaria as the more worthy held the prime collaterall place amongst the secular Princes and subscribed to and signed the Decrees and Lawes propounded and confirmed in the Parliaments by the Princes when the Austrians who disdained to be placed inferiour to the Bavarian did sit collaterally with the Priors Prelates and Ecclesiasticall persons But yet never any of the Bavarians did stand so much upon it and prevaile so farre in it with such eagernesse ambition and better successe as this moderne Duke who above all the rest endeavours to preserve the ancient splendor and dignity of his Family But they say it is probable and there is some hope that the Bavarians my be perswaded to consent to a covenant of alternation on this wise that after the death of Maximilian the Bavarian now possessing it the Electorall Dignity and Office may be performed and held by exchange of turnes betwixt the first borne sons and Nephews of him and the first borne Sons and Nephews of King Frederick Palatine that for default of either of their issue the whole Electorate may be totally left as by right of accrewment to the longest liver But these are mushrumes and quillits without root or ground invented onely to circumvent and ensnare the minds of the credulous For the Bavarians now being powerfull and having their estate setled and withall of eminent authority and grace in the Empire are so farre from condescending to such a Covenant that they will not connive and permit that the controversie of the Electorate should either be set apart or left in suspense The right of either party being reserved or that it be referred to a Treaty or a competent Iudge as they have openly and with great earnestnesse published and declared as at other meetings so more especially in the Diet at Ratisbone and they have also by their urgent importunity pressed the Emperour so farre that the Palatines of Rolerts Race shall still remaine excluded from hope and possession of the Electorate nor shall it be permitted to them to question their Title to it so long as any of the Bavarian Line of William survives and is alive but that they shall bee compelled to renounce all their title and give a caution that they will move no more for that cause hereafter in the Empire which unlesse they doe neither Germany nor the Bavarians can have any assurance of peace and security For say they if the Palatines have leave and liberty to demand their right then so soone as occasion and supply of meanes shall favour them both which upon their re-entry and restitution to their
man thought it neither reasonable just nor honest to goe further in answere of things particularly before the Emperour would come nearer to his demandes and plainely declare whether hee would consent to the whole and intire restitution as it was required or at least what part and upon what tearmes he determined to restore giving hope and promise that the remainder likewise in short time should be surrendred Those offers which were made and propounded in the name of the King were not onely honourable excellent and beseeming such a magnanimous King most desirous of the publike peace but also most necessary for setling a peace in the whole Empire to this adde that the King not bound thereunto by any obligation offered these things meerely in testimony of his good affection But those propositions obtruded and thrust as it were upon the King by the Emperour are uncertaine dishonourable unworthy imperfect such as are neither answerable to the Kings demands expectation and merits and such as are not expressions of a generous and free spirit but testimonies of a tenacious covetous and sordid disposition To passe by that the Caesarean Majesty both in respect of the innocency of the Princes that are to bee restored in respect of the justice of the cause and in respect of the publike good that would have ensued was obliged to farre greater conditions namely to the intire restitution of the Electorall dignity and dominions And yet if hee had come somewhat neerer to the just reasonable and so often iterated demands of the Ambassadour and had passed over those ignominious conditions which he prescribed to the Electour by consenting to an honourable restitution which might have beene accepted without prejudice and with safety and withall had propounded noble and honest conditions upon which hee would have granted a restitution then the Ambassadour knowing how much the favour and benevolence of Caesar would merit had beene ready to proceede further But the drift of the Caesareans was first to know what they might certainely and particularly expect from the King whether any and what provision of Armes money or shipping hee would grant unto them and all to this end that if they perceived it would not answere and much conduce to their purposes then it might be lawfull for them to goe backe and dismisse the Ambassadour the treaty unconcluded Those things which are objected concerning the Dispositions confirmed by the treaty of Prague and ratified by all the Princes of the Empire and brought in only to excuse and settle the Emperours decrees in the Palatine cause do sufficiently declare what is to be hoped for in the integrall restitution of the dominions and dignity By the decrees of Prague it appeareth plainely that there were certaine private and secret contracts betweene the Bavarian and the Emperour by vertue whereof the Electorall dominions and dignities were not onely given granted and confirmed to the Duke of Bavaria for tearme of life but also to the whole face of his father William from whom it is called the Wilhelmian Line to endure for ever for the decree runneth in these words As much as concerneth the Palatin cause it is enacted that thosâ— things which His Imperial Maiesty hath determined both concerning the Electorate dominions therof in the behalfe of the most Illustrious Duke of Bavaria and the Line of William and otherwise as also what hee hath ordered concerning the goods of certaine Palatine Administrators they shall abide firme and ratified yet so as it shall bee lawfull for the widow of Fredericke the fourth sometimes Count Palatine of the Rhine to enioy her dowry so farre as She can make it appeare to appertaine unto Her But for the children of the proscribed Palatine when they shall submissely have humbled themselves as it beseemes them to His Caesarean Maiesty some Princely allowance shall bee appointed to them not as a due but as a favour not that they can claime it as their Right but as it proceedes from the grace of the Emperour In the dispute concerning the Septemvirate Palatine transferred by full power upon the Duke of Bavaria it is often repeated â—â—d affirmed that the Electorate is not onely given to the Duke of Bavaria but to the whole Line of the Bavarians and that the Duke of Neâ—burg and others are mistaken who conceive the Investiture to be meerely provisionall and for terme of life The most Augustine Emperour thus he writeth Cap. 4. n. 24. hath cast the most just and deserved thunderbolt of proscription of the Ban upon the rebell Frederick and thereby declared him to have lost all his Priviledges Honours Goods and particularly the Electorall Dignity with the Dominions thereunto annexed Secondly that he hath adjudged the said Electorate for Felony done by Frederick to bee devolved to himselfe upon mature hearing and knowledge of the Cause examining withall theaersons allegations and pretences of the Duke of Neuburg Lastly that he being moved with most weighty and just argument hath by consent and approbation of the Electors of the Empire and perswasion of the Pope really and for ever transferred the said Electorate together with the Priviledges thereunto annexed unto the most Illustrious Prince Maximilian Duke of Bavaria and the whole Bavarian Family notwithstanding the Duke of Neuburgs gain-saying of it by a solemne and wonted Investiture so that His Electorall Highnesse having taken possession as well of the Right Voice Dignity and Electorall power as of the Goods Territories Lands Dominions and other things thereunto annexed or as it were admitted into the Famous Colledge of Electours associated unto that Fraternall union and in all things publikely enjoying the Office Right Function and Dignity of the former Electour Palatine is thought worthy of and honoured with that Title as well by the Pope Colledge of Cardinalls his Imperiall Majesty as the Kings of France Spain Poland and Denmarke With what face then credit or honesty doth the Relator write that the Investiture of the most Illustrious Duke Maximilian concerning the Electorall dignitie is onely provisionall and made but upon certaine conditions to bee of force onely for teâ—rme of life The Imperiall 〈◊〉 〈◊〉 doth convinâ—â— this calumny which the Relator himselfe though unwilling cannot but acknowledge Item fol. 15. cap. 5. n. 17. Hee hath freely saith he the cause being maturely deliberated by the space of 2. yeares and more the purpose communicated to the Electours the Pope assenting or rather instantly desiring it the Princes of the sacred Roman Empire urging and approving it forraigne Kings also and Dukes the Duke of Newburge onely excepted earnestly interceding for it with the applause of all good men translated the Electorate upon the most illustrious Maximilian Duke of Bavaria and the whole Bavarian line the merits of his highnesse being knowne to the whole world his Agnation and right from that ancient Family sueing for it and other most weighty causes moving the Emperour thereunto as it appeareth more at large by the Charter of his Patent
and his Letters of Investiture and a little after n. 175 nothing is granted provisionally and for time of life no title is reserved for the Duke of Newburg and n. 182. For the Electorate Palatine was by the meere good will and arbitrement of the Emperour other great and most just causes moving him to it tranâ—ferred upon the Duke of Bavaria and his Noble Family without respect or mention of his expence in warre and n. 184. the matter by the space of two yeeres and more being throughly scanned examined and advised of hee began to translate it upon Maximilian the Duke of Bavaria and his Family n. 188. that so Iustice dipsosing it the Electorall dignity raked out of the Ashes againe might returne to that Family to which of old it did belong though contrary to right law and covenants confirmed by oath it was taken from it n. 190. of the Electorate Palatine by reason of the most haynous crime of rebellion committed and perpetrated by the proscribed Fredericke fully devolved to him and justly and lawfully translated to the Duke of Bavaria and his family But what needes many words Have we not heard sufficiently already that the Emperour doth no longer deny but openly and publikely professe in the hearing of all the world that he hath given conferred and by Investiture delivered the Palatine Septemvirate to Duke Maximilian and the whole Bavarian Line This Act indeed was not long knowne among the Commons Before the publication of the Articles of Prague no man ever heard of it unlesse perhaps either by divination suspition or conjecture he did smell it out But these things as all other passages in this businesse of transferring the Electorall Dignity were ordered and ennacted privately and by a compact plot as it were in hugger-mugger they being neither heard nor called without defence and absent whom it most concerned without the privity and consent of the chiefe Electours and Princes except that some afterwards enforced with feare did not contradict them against the Laws Right and faith given to the contrary But how doe these things suit and agree with those of the Emperour and the Duke of Bavaria who when in the Diet at Ratisbone he invested Maximilian into the Electorate both to the Electours and King Iames did religiously assure promise and avow engaging his inviolable faith that hee had translated and conferred the Electorall Dignitie to the Bavarian but upon certain Condions as namely without prejudice to the right of the pretenders and no longer than for his life For thus hee expresseth himselfe in his declaration solemnly made to the Electours Feb. 23. An. 1623 That the Investiture was made without prejudice of the sonnes of the Count Palatine and his Brethren as also of the Duke Wolfgangus Willhelmus Count Palatine and other his kinsmen so that nothing was detracted from any of his right but that it was expressely reserved to bee decided as soone as might be either by a friendly composition or by law the controversie being decided whatsoever was adjudged for them should be delivered them instantly after the death of Maximilian the Duke of Bavaria and the Investiture thereupon to bee granted The Electours also of Saxony and Brandenburg acknowledged the Duke of Bavaria but it was upon certaine conditions and no longer than he lived for when he died the title was to be restored to those to whom before the Proscription and the translation of the Palatine so the words runne by reason of the simultaneous Investiture the Electorall dignitie did of right belong The Emperour in his letters to King Iames the 5. of March the same yeare writeth in this manner That hee by his declaration would not in the least derogate or prejudice any in their rights but to the pretended succession in the Electorall Dignitie and dominions a doore of his Imperiall grace and equitie should bee alwaies left open both to the children brother and kinsmen of the Palatine Furthermore that it was expressely inserted in the Instrument of Investiture that by a friendly treatie or if that would not prevaile by a summarie or royall processe it should be pleaded and decided what of grace might be given to the Nephewes of the King pretending a right of succession and what of equitie to the Kindred in the Dignitie and Electorall Priviledges And the Bavarian himselfe also did averre and promise upon his faith that he would possesse the Electorate upon Condition and no otherwise and that after his death it should be restored to him or them to whom by Composition or sentence of Iudicature it should bee adjudged As it is more largely expressed both in the Charter of the Investiture and in the foresaid Declaration of the Emperour as also in Letters of the Electour of Saxony to the Elector of Mentz and in the answere of the Electour of Brandenburg to the Embassadour of Caesar dated at Regiomontium in Borussia the 12. of May 1627. All which notwithstanding being violated and cast by the septemvirall dignity with the Country by secret contracts and agreements is granted and conferred upon the Line of William that is upon all the Dukes of Bavaria and their children In that Decree also made the 24. of February this yeere last past to which the Emperour doth now and then affirme that hee will constantly adhere he hath left some hope of regaining the Electorall Dignity whilest he thus writes againe When it shall come to a Treaty concerning the Electorall Dignity and the other demands His Majesty will observe such moderation that in those things which may be granted upon reasonable Conditions both the most Illustrious King of Great Brittaine may thence discover the good will and affection of His Sacred Imperiall Majesty towards Him and the often named Count Palatine may apprehend the inclination of His Caesarean Grace towards Him And this He also repeated word for word in His Answere to the English Ambassadour the 30. day of Iune of the forementioned yeere But it is to be observed that these words were spoken and rehearsed long after the agreement of Prague and the translation made in facto upon the Line of William Quanto in pectore hanc rem meo magis voluto Tanto mihi aegritudo auctior est in animo Ad illum modum os sublitum esse To use the Plantine phrase not onely to all the Counts Palatines but to all the Princes of the Empire and others who favoured the cause Palatine being perswaded that the proscription and hatred of the Caesareans was onely against Fredericke and not against his children and that the Electorate should be restored to them after the Bavarians death and yet deceived especially the two Electous of Saxony and Brandenburg who were so cautelous of being deluded and yet shewed lesse care when they seemed most carefull But upon what ground with what conscience by what right could such clandestine and prejudiciall disposals be done they being unheard and unconsulted whom it principally concerned Yet as such