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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A12952	A bevvayling of the peace of Germany. Or, A discourse touching the Peace of Prague, no lesse unhappily than unjustly concluded at Prague in Bohemia, the 30. of May, 1635 Wherein the subtilties and practises of the Austrians, the weakenesse of the Saxons, the dangers of the protestants, and the justnesse of the warre, deservedly set on foot by the French and Swedes, are most evidently declared. Written in Latine by Iustus Asterius, otherwise Stella, a Germane, now one of the advocates in the Court of Parliament of Paris, and historiographer to the French King. Faithfully translated out of the Latine copie. Whereunto is prefixed a briefe summarie of the treaty of peace concluded at Prague, as aforesaid, &c. Published by authority.; Deploratio pacis Germanicæ. English	Stella, Johannes.	1637 (1637)	STC 23245; ESTC S117796	60,029	180

doth not receive the Oath of Alleagiance of the Princes in the name of himselfe but of the Empire And at the breaking up of the Dyet of Auspurgh in the yeare 1555. year 1555 it was ordained that the Controversies which arose betwixt the States of the Empire touching the Imperiall Fees and Seignories should not bee decided but in the generall Assembly of the States And for this cause Henry the Second King of France in the yeare 1551. year 1551 did by his Embassador justly complaine before the States of the Empire that Charles the Fifth his cause not being heard and his right neglected had bestowed upon his sonne Philip the Dutchie of Milan and Vicarage of Siena without their consent or approbation And the Emperour Rodulph II. in the yeare 1598. year 1598 did most Heroically answer the Spanish Admirall demanding the Vicountie of Besanzon in the name of the King his Master That the Fees of the Empire could bee taken away from no man nor be transferred upon any other without the consent of the Electors and States Certainely according to the ancient custome of the feudall lawes the Controversies concerning Fees ought to bee determined by the Iudgement of the Peeres And if a question doe arise betweene the Lord and his Vassals concerning any matter of Fee it must be decided by the Peeres of the Court lib. 1. de feud tit x. sec 1. And they ought to determine Controversies touching benefices who doe hold benefices of the same Lord lib. 1. tit 26. And although the Emperour did desire to have such an apparant injurie approoved by the States of the Empire year 1623 in the Dyet held at Ratisbone yet the Electors of Saxony and Brandenburgh and many other Princes of the Empire did by their Embassadors make protestation and alleadge That the Translation of the Electorall dignitie upon the Duke of Bavaria was contrary to the Constitutions of the golden Bull to the fundamentall lawes of the Empire to the declaration of the Emperour Sigismund the Fourth to the customes of feudall right and in a word to the accords and covenants agreed upon betwixt the Houses of the Prince Palatine and Bavaria long since established by the providence of their fore-fathers and strengthned with the proscription of almost 300. yeares That the Prince Palatine was condemned being never summoned never heard and his cause never opened When as hee neverthelesse was not the author of the Bohemian troubles and many that were partners in the same crime obtained pardon of the Emperour and that therefore they could not consent to such a precipitate proscription and stripping him out of his Estate And therefore also when as the Emperour rejecting all these exceptions oppositions and protestations of the States bestowed the Fee of the Electorate upon the Duke of Bavaria the Embassadours of Saxony and Brandenburgh refused to be present at the ceremonies of his Investure least by their presence they should seeme to have approoved so enormous an act of injustice And a little after the same Electors did by their letters sent to the Emperour from Amburgh complaine of the violation of the right of their Colledge of Electors and by a publike instrument under their owne hands did confirme and make good all that had beene said and done by their Embassadors And although the yeare following the Duke of Saxony being drawne on by the cunning of Ludovike Landgrave of Darmstadt year 1624 did at the Convention of Schleufingen receive the Duke of Bavaria into the Septemvirall Colledge for a time perswading himselfe that that Colledge being made compleate an universall Peace would be established in the Empire Yet that admission being made upon certaine conditions he protested hee intended not that any thing done should prejudice the rights of the House of the Prince Palatine nor the protestations exhibited by his Embassadors at Ratisbone Which afterwards both in the Convention at Mulhausen year 1627. 1630. and at the Diet of Ratisbone and in severall Declarations and resolutions sent unto divers Princes of Europe and even in that league made at Torgaw in the yeare 1631. year 1631 with the King of Sweden and Elector of Brandenburgh he did ever constantly acknowledge and affirme having protested in all places and before all men that no Peace was ever to bee hoped for in the Empire without restitution of the House of the Prince Palatine Therefore with what conscience dareth hee at this day publish that Trans-action to have beene just sacred and most profitable to the Empire Whereby it is not onely certaine that the equalitie of voyces being taken away amongst the seven Electors the Protestants will ever goe downe the winde but also so long as there shall be one drop remaining of the Palatine bloud from which this dignitie if not regall yet certainely next to it is so violently taken away against all right and Iustice it is manifest that Germany will bee perpetually infested with new troubles For be it admitted not granted that the Prince Palatine hath by such heinous crimes deserved proscription and stripping out of his Patrimony By what law or right are his children brother and all his Kinsfolkes as innocent and giltlesse as himselfe though differing in cause involved neverthelesse in the same punishment When as both his sonnes before their Fathers offence had the Electorall dignitie belonging to them by right of succession and also by the Common law of Fees it is manifest That the offence of one of the Heires of the Fee doth not prejudice the rest lib. 2. de feud t. 78. and yet the act of a brother doth not hurt his brother in his Hereditary Fee tit 93. Yea more if a vassall shall commit so enormous a crime that he or those that descend of him ought to be deprived of his inheritance yet his kinsfolkes in the fourth degree are to be restored to the possession thereof lib. 2. tit 26. And therefore very wisely the Duke of Neuburgh being neerer of kinne to the Princes Palatine year 1623 then to the Bavarians obtained of the Emperour reversall letters whereby provision was made that this Trans-action of Electorall Dignitie upon the Bavarian should at no time nor in any sort prejudice the right of himselfe or of his founded upon a nearer degree of bloud Neither doth this appeare to be a lesse argument of so barbarous an injurie that the whole Electorate being transferred upon the Bavarian yet the Territories are divided amongst divers Princes and the upper Palatinate is assigned to the Bavarian and the lower to the Spaniard for the charge and expense of the German Warre Whereas by the Constitution of the golden Bull Chap. 25. the title whereof is year 1356 Of the intirenesse of the Principalities of the Electors Those Illustrious and magnificent Principalities that is to say the Kingdome of Bohemia the County Palatine of the Rheine the Dutchy of Saxony and Marquisat of Brandenburgh and their Lands Territories and all other things belonging to them cannot nor

A BEWAYLING OF THE PEACE OF GERMANY OR A Discourse touching the PEACE of PRAGVE no lesse unhappily than unjustly concluded at PRAGUE in BOHEMIA the 30. of May 1635. Wherein the subtilties and practises of the Austrians the weakenesse of the Saxons the dangers of the Protestants and the justnesse of the Warre deservedly set on foot by the French and Swedes are most evidently declared Written in Latine by Iustus Asterius otherwise Stella a Germane now one of the Advocates in the Court of Parliament of Paris and Historiographer to the French King Faithfully translated out of the Latine Copie Whereunto is prefixed a briefe Summarie of the Treaty of Peace concluded at Prague as aforesaid c. Published by Authority JEREM. 6. v. 14. and 8. v. 11. They have healed the hurt of the daughter of my people slightly saying Peace peace when there is no peace LONDON Printed by I. L. for I H. and are to be sold in Pauls Church-yard at the signe of the golden Lyon 1637. THE CHIEFE HEADS AND CONCLVSIONS OF THE TREATIE OF Peace held at Prague are contained in the three Extracts ensuing I. A Summarie Extract out of the Treatie of Peace made and concluded betwixt the Emperour and the Elector of Saxonie at Prague the 30. day of May 1635. II. An Extract of the Agreement made betwixt the Emperour and the said Elector of Saxonie touching the ioyning of their Armes together III. An Extract translated word for word out of the said Treatie touching the Palatinate in particular I. An Abridgement of the Treatie of the Peace THE Revenues of th Church which were possessed by the Protestants before the Treatie of Passaw shall remaine entirely in the same state they were setled in by the said Treatie of Passaw The Church-Revenues possessed by them since the said Treatie shall be left unto them for the space of fortie yeeres upon the conditions more specially contained and expressed in this agreement as well for the Spirituall as for the Temporall And ten yeeres before the expiration of the said Terme the best endeavour shall be used to make a finall accord for so much as concerneth the said Possessions of the Church and that which dependeth of them But if that cannot be done it shall then be in the power of the Emperour to make a decision of the difference And in the meane time there shall no more Church-Possessions be taken away from the Catholikes The Archbishoprick of Magdebourg shall remaine to Duke Augustus sonne to the Elector of Saxonie during his life upon such conditions as are expressed in this agreement as well for the Temporall as for the Spirituall The Elector of Saxonie shall have the Seignories and Bayliwickes of Querfurt Iuterbock Dama and Borck which Pieces he shall hold in Fee of the Archbishoprick of Magdebourg The Marquis Christian William shall have 12000 Rix-Dollars given him by the yeere out of the Revenues of the said Archbishoprick during his life for his entertainment The Archduke Leopold William the Emperours sonne shall have amongst other things the Bishoprick of Halberstadt The Nobilitie and Gentrie of the Empire shall be left to their free exercise of the Confession of Auspurgh as shall also those Imperiall Cities which shall conforme themselves to this Treatie But those which before the conclusion of the said Treatie shall have accorded alreadie in any other manner with the Emperour shall hold themselves to that accord The Citie of Donawerth shall remaine in the hands of the Duke of Baviere untill he be re-embursed his charges The free exercise of the Confession of Auspurgh shall no more be tolerated for the time to come in the Kingdome of Bohemia nor in the other Hereditarie Countries of the Emperour As for Silesia the Emperour hath given his resolution by it selfe and hath made a particular accord with the Elector of Saxonie for Lusatia The propositions made by the Elector of Saxonie That the Imperiall Chamber may from henceforth be divided and composed of persons of both Religions equall in number are put off unto the first generall Assembly which shall be holden hereafter In the meane time the order shal be observed which is practised in the said Imperiall Chamber But because there hath been no Visitation since the yeere 1600 there shall be one as soone as possibly may be extraordinarily The instruction of the Assessors and Presidents of the Court Aulike or of the Councell following the Emperors person shall be submitted to the advice of all the Electors but the said Assessors shall not be of both Religions in equall number The Protestant Electors Princes and States shall be permitted to have their Agents and Sollicitors in the said Aulike Court The Palatine Electorate and the Countries belonging to it shall remaine unto the Duke of Baviere and to the Line of Duke William his father according as the Emperour hath ordered And that which his Imperiall Majestie hath decreed touching the estates of some of the Palatines servants shall remaine entire as it is The Widow of the Elector Frederick the fourth Count Palatine shall enjoy her Iointure for so much as she can make appeare to be due unto her An entertainment of a Prince shall be given to the children of Frederick the proscribed if they doe in due manner humble themselves towards the Emperour But this not to be done as a thing due but of his Imperiall grace The heires of the Count Tilly deceased shall have 400000 Rix-Dollars out of the Revenues of the Duchy of Brunswick payable in eight yeres with interest after five in the hundred untill it be fully payd and in the meane time they shall keepe that which is morgaged unto them If the Dukes of Meckelburgh doe accept these Articles of Pacification they shall be received into the Amnestia according as is contained in the particular Order made concerning that matter The Electors Princes and States of the Confession of Auspurgh shall restore to the Emperour and to the Catholike Electors Princes States his assistants as also unto the Duke of Lorraine their Countreyes Lands Seignories Cities Townes Castles and all that belongs unto them Yet neverthelesse they shall not be tyed to make restitution of the Revenues received nor of their charges expended in the Warre but they shall not carry away the Ordnance nor their moveable goods out of the places which they shall give up Ayde and assistance shall be given by a conjunction of Armes and Forces to recover that which the Crowne of France the Crowne of Sweden and the States of the Empire which will not conforme themselves to this present Treatie doe possesse within the Empire The Emperour and his assistants shall restore the Elector of Saxonie and those of his party their subjects vassalls men and servants to the possession of their estates if they accept of this Treatie excepting those whom the Emperour hath expressely excluded from it And the Elector of Saxonie and those of his party shall doe the same reciprocally to the

the good of the State and of Religion that the cause thereof is not to bee imputed to him and his Confederates but to the most Christian King Who though hee bee commonly stiled the eldest sonne of the Church yet hee was not onely not ashamed in the beginning of this Warre to sue for the assistance of Heretikes to call in the King of Sweden a stranger to aide him to make a solemne League with him to feede and re-enforce both their strengths being joyned together and of his owne proper motion without any cause and contrarie to his promise given to invade the Provinces of the Empire but doth still daily endeavour to stirre up the Princes and States against him being pulled away from the Emperour Yea more after that by the Victory of Nordingen very many were added to his party hee with armes in his hand tooke possession of the Cities which were brought under his Command cast the garrisons of the Catholikes out of them restored those of the Heretikes and as much as in him lyeth doth endevour to stoppe the progresse of peace and Catholike Religion in the Empire Insomuch that he tooke the boldnesse to promise the Duke of Saxony if hee would range himselfe on his side hee would not onely procure him the better conditions of peace but that hee would labour with tooth and naile that the Heresie of the Lutherans with the rest of the Sects might bee publikely established in the Kingdome of Bohemia and the Provinces united to it Good God what a thing is this the most Christian King who when the rest turned their backes did by his intercession alone made to the Swedes preserve the Catholike faith in most of the Provinces of Germany did hee with the utmost of his strength stop the progresse and increase thereof Hee that delivered divers Bishops out of the fires of their enemies did hee adde flame to the Warre against the Catholikes He that stripped the Heretikes of France out of all their strength and laid them on their backes was it his care to raise up the Sectaries of Bohemia to their ancient power These are frivolous devices of his adversaries who when they cannot cloake their invasions by a title of civill right they betake themselves to the counterfeit vizard of oppressed Religion and as if the warre were made in Germany for the destruction of Religion not of Tyranny they traduce all those that stand for the libertie of the Empire as Heretikes or at the least favourers of Heretikes 2. Because the Protection of the Princes and States of the Empire cannot bee charged to be the French Kings fault The true and principall cause of this quarrell and indignation is that the most Christian King when things were in regard of any other helpe in a desperate condition hee received the Archbishop of Triers being oppressed by the Spaniards into his patronage and protection but when hee had cast the Spaniards out of the Citie and Territorie of Triers he restored the Prince freely to his rights and dignitie year 1632 That then having joyned his armes with the Swedes he delivered divers other States of the Empire as namely the Palatines the Alsatians and the Westrasians from the pillings and pollings of the Austrians and the Lorraines That hee did by no new nor unheard of example but such a one as was laid downe before him and delivered to him from his Ancestors set limits to the ambition of his enemies and stoutly defended the Germane libertie The protection of people in distresse the raysing up of the afflicted and the restoring of them that are cast out is naturall to Kings and doth not belong unto them so much by the right of their Scepter as by the law of humanitie It is the duty of a good Magistrate to governe his subjects and to protect his Allies neither is there any greater instrument or testimony of good governement then when neighbours are preserved from the hands of their enemies And if by common right it be a fit thing for all Kings to succour those that be afflicted yet none did ever more justly and happily practise it then the most glorious Monarches of the French who for this last age and more to lay aside those things which are more ancient and more forreigne have sent frequent aides unto the Catholike and Protestant States of the Empire against the Invasions of the Spaniards year 1534 So Francis I. in the yeare 1534. joyning his armes with Philip Landgrave of Hassia restored Vlricus Duke of Wittembergh after 15. yeares banishment being cast out by those of Swawben through the faithlesse dealings of the Austrians to all the rights and Territories which Ferdinand I. had formerly possessed under the name of an Imperiall Fee So Henry II. making a League with the Protestants in the yeare 1552. year 1552 brought home Iohn Frederike Elector of Saxony and Philip the Landgrave of Hassia being like slaves shut up in prison by Charles V. for above 5. yeares together contrary to his faith and promise and restored them to their former libertie So in the yeare 1620. year 1620 when by the Vnion of the Protestants and troubles of Bohemia the affaires of the Catholikes were brought into great streights and the Emperour himselfe being then in a manner besieged in Vienna ranne a hazard not onely to lose the Kingdomes of Bohemia and Hungary but even his owne Hereditary Provinces Lewis XIII being as well moved with the zeale of preserving the Catholike Religion as with the often iterated intreaties of the Austrians sending Embassadours to the Assembly at Vlme dispersed the forces and Councels of all the united Princes procured a truce betwixt both Armies perswaded the Prince of the Transilvanians to peace and so giving the Emperour liberty to breath delivered the House of Austria from most certaine ruine Now if the Emperour abusing so many favours done him doe turne his victories obtained against the Heretikes and Rebels into a slaughter of innocents and oppression of his neighbours and doe trans-ferre the fortunes of the Empire to the private benefit of his owne Family no man ought to thinke it strange if the most Christian King hauing beene the authour of all those Victories doe endeavour to moderate his enormous usurpations and to reduce them to the equalitie of the ancient right especially since he well knowes what difference there is betwixt the Common-wealth and Religion and will not so advance the rights of the Empire or of the Allies thereof that he will depresse or hinder the cause 3. The most illustrious Elector of Trevers or Trier did justly and seasonably obtaine the protection of the French M. M. Author 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pro Domo Austriaca Bruxellis editi 1635. Richard Wasserburgh in Antiquit. Galliae Belgicae lib. 1. p. 12. lib. 7. p. 102. 943. or exercise of the Catholike Religion And whereas that Bundler of calumnies that Pamphleter of Brussels doth traduce this protection of the neighbour Princes