Empire all the States and Citizens thereof might enjoy their equall right and common quiet Why did he leave the affaires of the Imperiall Chamber and holy Consistory from whence all the troubles and dissentions have hitherto sprung undecided and to bee decided meerely at the Emperours pleasure and determination If hee intended by this Trans-action to redeeme the Peace of Religion the Libertie of teaching the Confession of Auspurgh throughout the Empire and the salvation of so many soules as hee pretendeth Why did hee permit the free exexcise of their Religion to bee prohibited to so many thousands of men in Bohemia Sylesia Austria the Palatinate and the Bishoprickes of Halberstad and Auspurgh so many Ministers and Citizens being banished for their beliefes sake to endure a perpetuall exile out of their native country If his purpose were to establish an honest solemne and publike peace and such a one as should be profitable and honourable to himselfe and all his confederates Why did he begin with ingratitude the worst of all vices in turning his perjured Armes against his allies by whom he had beene once and againe delivered from certaine destruction and ruine long since sworne against him by the Austrians The monstrous ingratitude of the Saxon. For with what title of right can so detestable a treachery so horrible a treason bee excused with what shew of Iustice can it be cloaked in which those same men whom you called to your party for their safetie are delivered over by you to them that are saved to bee totally destroye And those men of whom you though unworthy obtained life and preservation the same being most unworthily proscribed are by you robbed of their life and honour and so you make your friends most angry with you not onely after but even because of the benefits received of them by you Seneca de beneficiis lib. 3. cap. 1. Hee is commonly judged to be an unthankefull man who either denies himselfe to have received a benefit or having received one concealeth it hee is more unthankfull that requites it not but he is most unthankefull of all that hath forgotten it For the former although they repay not yet they remaine debtors and are often brought in time to requite a favour received This latter can never bee made thankefull who refuseth to be a debtor for much more to requite that hee hath received But these things as they are effects of an ancienter crime so are they of lesse note and infamy A new kind of ingratitude here discovers it selfe an abhomination to God an amazement to posterity and a thing to be owned by Adrastia her selfe which doth not onely not acknowledge not requite not thankefully esteeme a benefit received but for good deeds returne mischiefes for good deserts Injuries and for favour destruction The most renowned King of the Swedes year 1630 Gothes and Vandals ever of a most venerable and triumphant memory did revenge private Injuries by a peculiar Warre against the Austrians The Elector of Saxony then the encourager and leader of the Protestants now the forsaker and betrayer of them though hee feared the common Enemie yet hee refused a mutuall joyning in armes and by his unhappy delaying of time suffered Magdeburgh to be destroyed Soone after that year 1631 being vanquished by the whole power of the Austrians when as being in a manner shut up in Dresden hee saw himselfe farre too weake for his Enemies being then made more wary by his owne danger then by another mans Vpon a publique Trans-action made at Torgaw the first of September 1631. The Transaction of Torgaw 1. September 1631. he called for aide from the most renowned King of Sweden he entred with him into a society of armes Counsels he delivered up to the Swedes the passages and forts which were upon the river of Elbe hee offered pay ammunition and provision of corn necessary for his Souldiers making an Inviolable promise and oath that hee never would accept any peace without their consent And so by this Conjunction of armes being delivered from the present danger of death by the Valour of the Swedes for his owne forces did now begin to gaspe hee obtained that most famous Victory of Lipsich and the preservation of his rights and territories The battell of Lipsich 7. September 1635. and forthwith to shew his due thankefulnesse hee appointed publike supplications to be made for the preservation of the King who was now become a triumpher over his Enemies a defender of his owne and a recoverer of the Germane libertie hee ordained the seventh day of September being as it were consecrated to the memory of that Victory to bee solemnely observed in all Churches of the professors of the Gospel and he did celebrate the Protestants day of deliverance gotten by the Swedes in Bookes published through the whole Empire Shortly after as the spirits of those that are most fierce in slaughters are many times tender Mercur. Gallobelg tom 18. lib. 4. p. 32. when the Marquesse of Caderet the King of Spaines Embassador under a pretence of an ancient amitie betweene the Houses of Austria and Saxony endevoured to draw away the Saxons from the Swedes he answered his Agents nobly and couragiously That he could not recover the desperate condition of Germany nor save his Country being now in a languishing distraction by any particular accords that divers examples have heretofore showne that such accords would not effect an universall Peace in Germany but rather worke greater mischiefes Neither if he should make any such that any colour of excuse could bee left him before the King of Sweden and the Protestant States But after that glorious King did at the battell of Lutzen even by his very death triumph over his Enemies The battell of Lutzen 11. November 1632. The skirmish at Nordlingen 27. August 1634. and that at the skirmish of Nordlingen the affaires of the Swedes did seeme by little and little to decline The Duke of Saxony who before had stirred them all up to armes and rebellion as he now called it began to revolt from his Confederates and shortly after by secret messages and after that by publike trans-actions to make an accord with the Common Enemie and to purchase his owne establishment with the ruine of his allies and his domesticall peace with making Warre upon strangers So being circumscribed within the transaction of Prague The Transaction of Prague published the 30. of May. 1635. he denounced hostile armes against them by whom hee had twice or thrice beene delivered from present destruction and who by the death of their owne King had preserved his life and by the effusion of their owne saved the shedding of the Saxons bloud This great office of exceeding favor was utterly lost upon them being bestowed upon the most unthankfull of mortall men who esteemed it as the highest merit to deserve worst of those that had deserved best of them All good offices came to bee
the Prince Palatine Fredericke the Fifth without desert unto the Bavarian who can pretend no right at all unto it In the one Charles the Fourth having formerly obtained the consent of all the Electors did in the publike Assembly of the Empire restore unto the Prince Palatine the Suffrage of Election even Lodovike the Roman Marquesse of Brandenburgh assenting thereunto To whom it most properly belonged to perpetuate so great an honour to his Family In the other Ferdinand the Second upon the league made at Munchen for sending of aide against the Bohemians sold the Palatinate to the Bavarian before the Prince Palatine had set a foot in Bohemia and against the publike exceptions oppositions and appeales of all the Protestants thrust Maximilian into it by force Lastly in the one Lodovike surnamed the Roman sonne to the Emperour Lodovike the Fourth having received the Electorate of Brandenburgh in the yeare 1352. year 1352 upon the resignation of his brother Lodovike the first did by a solemne renunciation yield up the right of the Palatine Electorate to his Cosin Germane In the other the Elector Palatine did neither in his owne name nor in the name of his Brother or Kinsfolkes ever renounce his so lawfull right but rather chose to undergoe all extremities and even a ten yeares banishment then he would suffer himselfe to be so unjustly deprived of so illustrious a dignitie For as for that which by the Trans-action of Prague is offered to the Princes Palatine that if laying aside the right of the Electorate they will come like humble suppliants and begge pardon of the Emperour lands and revenues competent for their family and descent should bee assigned unto them it is much like to the pleasant devise of the Triumvirie in Rome wherein this favour was granted unto him Dion Cassius Histor lib. 47. p. 336 that should willingly yield up the possession of his whole estate that he might afterwards be repossessed of a third part of it And that was saith the Historian to receive just nothing at all and besides to loose all their labour and travaile For they who were stripped by open violence of the whole two parts of their estate how should they receive a third part backe againe especially when their estates were sold to the souldiers at so cheape rates Besides this Injurie done to the Prince Palatine threatneth the like to the rest of the Princes and the exclusion of the chiefe of the Princes draweth with it the ruine of the inferiour States For if the Austrians being conquerours bee not ashamed to deale so shamefully with the Head of the Electors what can wee hope will become of the rest of the members of the Empire who neither in power nor dignitie nor amitie of strangers are to be compared with him Certainely whosoever of the Protestants shall apply themselves to their partie they will according to the example of the Duke of Saxony be bereaved of their strēgth their fortresses and their owne troupes and being by that meanes made naked feeble and disarmed shall onely beare the empty name of the Austrian Commissaries And whosoever shall refuse presently to yield his necke to the yoake which heretofore the Germans have bin unacquainted with and shall not with closed eies accept of any Articles whatsoever they shall forthwith after the examples of the Dukes of Wirtembergh be proscribed as enemies of the Empire and guilty of treason against his Imperiall Majestie and be stripped of all their Patrimonies The Imperiall Cities which were anciently free after the example of Donawert Ratisbone and Auspurgh shall bee delivered up to their Allies for the expences of the Warre and under the name of being morgaged shall bee inslaved in perpetuall servitude to usurping Lords But for Germany enough and perhaps more then was fit hath beene said of it I would to God there had not been more and more odious things done then hath beene said and that worse mischiefes were not to be feared then are to bee related CHAP. IIII. The fourth Nullitie on the part of the Swedes IT remaineth now that wee should in a few words declare the Injuries done to Princes and forreigne Kings by this Conspiracie of Prague And first of all it was no small thing strange that our Triumvirs have so shamefully excluded and rejected from the benefit of the Common Treaty the Princes and States of Germany whose strengths and territories they had already swallowed in their most greedy hopes But this seemeth unto all men very absurd that the same men having neglected and prostrated the right of Majestie have remooved out of the Councell of publike like pacification so many Kings and Kingdomes having no dependance upon the sacred Empire whom it principally concerned that tranquilitie should bee restored to Europe and libertie to Germany and have as it were with the power of a Dictator denounced a most deadly Warre against all those that should oppose their Triumvirate For to say nothing of those renowned Princes the King of Great Britaine whose Sisters Children after so many windie and dilatory promises are so cruelly kept out of their possessions and Hereditary rights The King of Denmarke from whose son without hearing or understanding his cause the Archbishoprick of Bremen with the Suffragane Bishoprickes were taken away in so judiciall a manner The united and Confederate States of the Low-Countries against whom under the title of restoring the Germane libertie armes joyned in conspiracie with the Spaniard are taken up That is against all manner of reason and deserves not so much as any shew of excuse that the King and Kingdomes of France and Sweden being engaged in Common armes and united in a joynt Warre with the Chiefe of the Protestants are so disgracefully proscribed against the law of Nations and are commanded like slaves and vassals to obey the Commands of the Spaniards and if they doe otherwise they are not to be rowted forsooth but to be swallowed up quite withan armie of 80. Regiments As if they were not able to obtaine their common peace as a reward of their owne valour but onely as the gift of anothers power or that they ought rather to begge their publike safety as of the good will and pleasure of their enemies then by conquering Armies to wring it from them being brought upon their knees or as if they were ignorant that the friendships of enemies are false hearted and that peace voluntarily offered is more deceitfull then rest purchased by strong hand For what can be more unjust or more sencelesse then for forreigne Kingdomes over which neither the Emperor nor the Empire have any command to accept at the pleasure of the Austrians and Saxons a disgracefull dishonourable and uncomely Peace and no lesse calamitous 1. Because the Swedes making Warre in their owne name ought to make an agreement in their owne right 1626. then ignominious to themselves and their Allies Especially when as the most renowned King of Sweden had in his
owne name denounced Warre against the Austrians for particular injuries done to himselfe and set it on foot the Saxon at the first labouring against it For indeede when as in the yeare 1626. that great Gustavus set forward with his Armie in Prussia against the Polonians the Austrians being never so much as provoked sent forth the Duke of Halsatia with the Imperiall forces and badges against the Swedes And in the yeare 1629. year 1629 besieging Stralesand contrary to their faith and promise given they shut up the commerce of the Baltike Sea and cast the Dukes of Meckleburgh out of their Hereditary Estates being proscribed and their cause never heard That glorious King being justly instigated by such notorious Injuries did endeavour to recover the safety of himselfe and his friends by Armes year 1630 which hee could not obtaine by a friendly Treaty and transporting his Armie into Germany did in his owne name and under his owne conduct make warre upon the Emperour and intimated the causes of this revenge being as necessary as lawfull unto the Colledge of Electors But having over-runne many places with conquering armes hee did in his owne particular name and in the right of his owne Majestie make divers accords with the Emperour Electors and Commanders of his enemies Armies and shortly after joyning the Protestants to him year 1631 after the Victory of Leipsich hee either made or attempted to make publique Confederacies Not with the Emperour and Leaguers alone but also with the Principall States and Circles of the Empire the Saxon not onely conniving thereunto but also granting to that most prudent King full authoritie and power to make peace Therefore with what Iustice can hee at this day exclude the Swedes from having their part in the Common Treatie who doe still prosecute the same Injures and those that be more grievous ones then they with a warre no way mittigated but rather more incensed With what conscience can hee envie the according of a publique Peace to them who have undertaken a Warre upon private and particular causes and at their owne particular charge Why doth hee forbid those to negotiate for the remedies of their mischiefes whom it chiefely concerneth to have those mischiefes remooved The quiet peace and libertie of all are indivisible as their warre and injuries were neither can any better endeavour the reparation of their lost tranquillitie then they that labour to purchase peace with the hazard of their owne lives Now if this exclusion of the Swedes 2. Because the Duke of Saxony in his owne private respect oweth revenging imprecations to the Sweds doe at the first sight appeare to bee unjust it is made much more unjust by the person of the Saxon. For when the most renowned Gustavus did revenge his private Injuries by a particular War against the Emperour the Duke of Saxony having for another cause stirred up the Protestants to a rebellion he and his being besieged and lost did according to the league made at Torgaw year 1631 entrust all the fortunes of the Protestants to the valour and protection of the Swedes and entred into a societie of Armes and Counsells with them and so being delivered from the present danger of the particular cause of the Swedes he made the common cause of all the Protestants and turned this private warre into a publique defence And though now as a perjured man against his faith given and confirmed by his oath and signature hee doth revolt from his Confederates and labour to purchase the amitie of his Enemies by a Triumvirall conspiracie Yet the Swedes will not therefore presently follow that most wicked example and renounce their right and basely laying downe their Armes desist from revenging their private Injuries Which as before their unhappy Societie entred with him they had valiantly begunne to doe so after his infamous divorce from them they will no lesse happily execute For having amongst them so many domesticall examples of vertue they will not bee imitaters of other Princes in frauds and perjuries but in valour and brave actions as certainely knowing that hitherto perfidious crueltie cowardise and calamitie have bene on the Enemies side and on their side fidelitie assistance of their Confederates valour and therefore also fortune And as becommeth brave spirits they had rather in a good cause die valiantly then flye cowardly Therefore the Duke of Saxony is so farre from being able out of his imaginary plenitude of power as the Protestants Dictator and Austrian Commissarie to command the Swedes to accept of a peace whether they will or not or to make an accord with the Emperour in their name that on the contrary although the Emperour would have granted all their petitions and righted all their Injuries yet notwithstanding they have reason to set on foot a new and more heavie quarrell against the Saxon. And to bring against him a charge of perfidiousnesse perjurie breach of covenant forgetfulnesse of good turnes and violation of the law of Nations Let him therefore first in his owne name make an accord with the Swedes for the Injuries done by himselfe and afterwards by the Emperours Commission he shall decide the Controversies of the Empire Let the perfidious man purge himselfe and let him first excuse his owne crimes before hee defend other mens 3. Because the Swedes cannot basely forsake their leagues and their troupes See the Acts and Treaties betwixt the Sweeds and Saxons conceived in the yeare 1635. n. 17. 19. and 28. Neither is this of lesse importance to bee considered that the Swedes after they had once undertaken to defend the Cause of the Protestants and the Libertie of Germany they made reciprocall leagues with many Princes and States of the Empire for the defence of the publique Weale As with them of Stralesund the fifteenth of Iuly 1628. With the Duke of Pomerane the tenth of Iuly 1630. With the Elector of Brandenburgh the first of September 1631. With the foure higher Circles in the Assembly of Frankford in the yeare 1633. And with the States of the Lower Saxony in the Convention at Halberstadt And so having called in most parts of Europe to the defence of their libertie they gathered together most puissant Armies out of many Nations and having by their valour put their enemies to the sword at their owne great charge and greater toyle they tooke many Cities of Germany and much Munition and defended them with the inestimable losse of their King And therefore they cannot with the safety of their honour and reputation cowardly abandon places valiantly gotten unlesse they restore all things unto their entire condition nor frivolously disband an Armie no lesse famous then noble without giving them their meanes For it would bee wonderfully ridiculous that they should have gotten so many most strong Forts with huge expences and dangers to this end that they should presently after restore them againe at the pleasure of their Enemies and that they should have bound so many most choice noble
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
contribution of the Empire as for the other publike affaires of the Empire When the Peace shall be fully re-established then all lodging of Souldiers and all sorts of arming shall cease No forraine Forces shall be suffered to enter into the Empire for any cause whatsoever nor for the difference concerning the Palatinate By vertue of this Pacification and Agreement all other Vnions Leagues and Alliances within the Empire shall be disannulled and made void except the Agreements and Contracts of Families made betwixt Noble Houses The Emperour will hold good intelligence with his neighbour Kingdomes which doe no oppression upon the Empire His Imperiall Majestie will reigne and governe the Empire with mildnesse and clemencie On the other side the Electors Princes and States will render him all the respect and obedience they owe him Also good amitie shall be maintained betwixt the parties For the advancement of the Peace and of Iustice the Electors Princes and States shall hold good correspondence with the Emperour The Constitutions of execution and that which is ordained by this Treatie shall be observed against those that shall keepe themselves armed in prejudice of this Pacification Whatsoever shall be done and committed against the tenor of this Treatie shall be held void ipso facto and of no validitie The Emperour doth promise by his Imperiall Dignitie to observe whatsoever is concluded by this Treatie and the Elector of Saxonie doth the same If then the Electors Princes and States of the Empire or the greater part of them doe accept this Pacification and Agreement it shall be held for a common resolution and fundamentall Law of the Empire in conformitie whereunto the Iudges of Courts of Iustice shall give sentence against those that shall infringe the same The Emperour and the Elector of Saxonie have called to minde that a conclusion of so high importance which concerneth the whole Body of the Empire ought not to have beene made but in a Dyet of the Empire or in an Assembly of Deputation But for as much as the urgent necessitie hereof could not give leave to stay for the occasion of such an Assembly it is by way of precaution declared that this resolution shall not prejudice the right and libertie of the Empire for the time to come Three severall Exemplifications in Parchment have beene made and signed of this present Treatie and all of one and the same tenor whereof one was delivered to the Emperour the other to the Elector of Mentz as Arch-Chancellor of the Empire to register it amongst the publike Acts and Records of the Empire and the third to the Elector of Saxonie Given at Prague the 30. of May 1635. II. An Extract out of the particular Accord made betwixt the Emperour and the Elector of Saxonie touching the ioyning together of their Armes ALL the Forces shall be reduced into one Armade which shall be called The Armade of his Imperiall Majestie and of the sacred Empire and a good part of it shall be left to the Elector of Saxonie to be commanded The proportion shall be this If the Armie doe amount unto 80000 men the Emperour shall have 60000 of them which he shall cause to be commanded by the King of Hungarie his Sonne and the Elector of Saxonie shall have 20000 to command and if the said Elector have foure or five thousand over and above that number he shall be suffered to have them All these Souldiers shall be entertained with the contributions of the Empire and the Receivers generall shall be tyed to furnish to every Generall his rate according to the proportion of the Body of the Armie which he shall command If the Emperour happen to depart this life the King of Hungarie his Sonne and he whom it shall please him to ordaine shall continue the command of the Bodie of his Armie And if the Elector of Saxonie happen to dye his Sonne who is to be his Successour in the Electorate shall succeed his Father also in his place of Generall If the said Elector or his Sonne doe desire to be discharged of the Bodie of his Armie he shall be so and the Emperour will entrust the Command of Generall of that Body of the Army to some other of the Confession of Auspurgh such as the said Elector and the Elector of Brandenburgh shall advise him unto When any execution shall be commanded and committed to one of the said Bodies of Armies it shall be obedient to undertake it without any disturbance to be given unto them in the said execution by the other Bodies of Armies and if that Body be not found sufficient for the action the others shall readily and willingly assist it To the effecting whereof the Generalls and Directors shall hold a carefull correspondence together and shall direct all their actions to one and the same end They shall as soone as possibly may be and at the furthest within foure or sixe weekes after the publication hereof take their Oath of Allegeance unto the Emperour and the Empire as is mentioned in the Treatie of Pacification In the places where Catholikes and Protestants dwell the quarters shall be equally distributed without any distinction of Religion If any Warre doe happen to be made in the Circles of high and low Saxonie and the Elector of Saxonie as being neighbour unto it have a desire to doe execution rather then another or to quarter himselfe there the Emperour will grant him leave to doe it before another In case that the Elector of Saxonie or his Sonne should not be in person in the Campe and that necessitie did require that they should joyne the Bodies of the Armies together then the King of Hungarie shall have the direction of the Body of the Armie of the said Elector and the levyes of Souldiers and their quartering shall be proportioned according to the Bodies of the Armies The Receivers generall of the Empire shall be bound by Oath to pay and deliver the contribution-Mony to each Body of the Armies proportionably that is to say to the King of Hungarie for 60000 and to the Elector of Saxonie for 20000 men When it shall please God to re-establish the Peace and that the Troupes shall come to be disbanded this proportion shall be observed That as the Elector shall disband 2000 men the King of Hungarie shall disband 6000. Whatsoever is not found to be comprehended nor expressed in this Schedule or Addition to the Agreement is to be sought for in the Contents of the Treatie of Peace at large which ought to be inviolably observed Of this Schedule there have beene made two Exemplifications in Parchment of one and the same tenor The one for the Emperour the other for the Elector of Saxonie Given at Prague the 30. of May 1635. III. An Extract out of the said Treatie of Peace for so much as concerneth the Palatinate TOuching the businesse of the Palatine as being that for which in these yeeres last past many horrible Commotions Troubles and Oppressions
those wofull troubles in Bohemia And not long after that Anno 1621. though year 1621 when hee was advanced to the Empire hee had promised the States of Silesia by a solemne agreement made betwixt them that if they would leave the Party of the Prince Palatine Fredericke hee would religiously preserve all their Rights and Priviledges both Ecclesiasticall and Temporall Yet for all this when the Prince Palatine was dispossessed he did presently after with all the strength hee could contrary to his covenants and promises every where abrogate the Profession of Auspurgh And although in the yeare 1619. year 1619 at his Election at Franckford by a new agreement amongst other Articles of the Emperours Capitulation hee had bound himselfe to the Electors and Protestant Princes of the Empire by a particular Oath for the defence of the Peace of Religion in Germany yet notwithstanding when hee had gotten the upper hand in the Empire year 1629 hee did by the Edict of restitution proscribe all the possessions of the Church that were in the Lutherans jurisdiction and prohibited the Exercise of the Religion of Auspurgh in them which gave the occasion of this most bloudy Warre in Germany And though now year 1635 the necessity of his affaires urging him to it and being spent with Warre he hath made a Peace for forty yeares with the most powerfull of the Protestants Yet hath hee not layd aside his former purpose of casting out all his adversaries under the name of Heretikes and of stripping them of all their strength under the colour of restoring the possessions of the Church and of preserving no other Peace in Germany but amongst Catholikes holding himselfe to this resolution That Catholikes can hold no firme Peace with Heretikes That this was the intention of the Sacred Imperiall Majestie it was in publique shew declared by a Booke made by his commandment at the Dyet of Ratisbone and published a little after at Auspurgh in the yeare 1630. year 1630 under this Title The foundations of the Peace happily laid in the sacred Roman Empire by the approbation of Pope Vrban 8. and by the assent of Ferdinand 2. Caesar Augustus That is to say That no firme Peace can be hoped for in Germany but by the restitution of Religion and the possessions of the Catholikes into their former state and condition But if at any time for the avoyding of a greater mischiefe Peace had beene granted unto Heretikes by the Austrians it was done but for a time to the end that some better occasion being shortly after offered the whole burthen and weight of a Warre might be turned upon them So did Iohanne Paulus Windeck clearely confesse not long since in the Consultation above cited p. 414. in these words year 1619 The Trans-action which Catholikes have sometimes made with Sectaries they have made them ayming at this end that other businesses being dispatched in the meane time afterwards they might make and manage this Warre wholly against Sectaries and turne the whole Weight thereof upon their backes year 1629 For so doth Peter Ribadeneira teach that Christian dissimulation is to bee used in his Booke de Principe lib. 1. cap. 26. p. 178. If great dangers bee feared and Becanus in his disputation of keeping faith with Heretickes c. 10. p. 89. saith If the Lutheran Religion cannot bee conveniently hindred or driven out of a State but with a greater damage to the Common-wealth then it may bee tolerated for some time untill a more fortunate season or occasion doe offer it selfe as that Composition of Peace teacheth n. 1609. And that this consideration of concluding a Peace for a time was observed in that Transaction of Prague the businesse it selfe declares 5. Out of the Treaty of Prague it selfe For that Trans-action though at the first appearance it doe seeme somewhat the more ignominious and disadvantageous to the Austrians as being that whereby not onely that Sacred Edict of the Emperour touching the restitution of the possessions of the Church of the sixth of March 1629. being published against the Lutherans is wholly abrogated but also very many grievances of the Protestants exhibited at the Dyet of Ratisbone 1630. year 1630 and in the Convention of Lipsich are reformed according to their owne desire year 1631 yet it doth secretly make the Emperour Master over all his enemies yea and sole Lord and Master in the Empire Whilest amongst other things it giveth him Hereditary right over the Kingdomes of Bohemia and Hungary the free disposition of the Colledge of Electors and Imperiall Chamber absolute command over all the Armies of Germany and in conclusion a plenary cognizance of all suits and controversies which should hereafter arise touching matter of Religion and this pacification So that what he seemed to grant with his left hand hee presently takes away with his right and whilest he promiseth a Peace of a few yeares to the Lutherans hee graspes into his hand all the Forces of the whole Empire being ready to employ them against the Lutherans at his pleasure upon the first occasion as hath beene done heretofore CHAP. II. The second Nullity of the Treaty on the part of the Duke of Saxony First because that by this meanes the strength of the Protestants is utterly ruined THerefore the Princes of the smaler States being excluded from the Amnestia he concluded a League with the most powerfull head of the Protestants by which hee did not onely joyne the greatest part of the great men to his Partie but also which was the Principall thing of all he disjoyned and separated the most powerfull of his enemies using this as a most certaine subtiltie to elude the strength of his adversaries if he might be able to destroy those being drawne asunder for whom he was too weake being gathered together That forces united are stronger then divided and that a common danger is to be kept off by concord reason hath dictated to all men and experience hath confirmed to the Protestants The Emperour who hath hitherto beene too weake when their Armies were joyned together could find no surer remedy then the separation of them and whilest hee doth with mutuall slaughters destroy his adversaries he being now growne mightier by the divisions and discords of the Lutherans turnes the faults of his enemies into the hope of a Victory This is the ancient cunning of the House of Austria having beene with happy successe practised a good while since by Charles V. and Ferdinand I. Iohannes Paulus Windeck is a domesticall witnesse hereof in his deliberation touching the rooting out of Heretikes p. 412. and so forward whose words ought to bee to the Princes of Germany decretorie when he saith For the driving out of Sectaries is required First a league and association of Catholike Princes Secondly the occasion is not to be neglected and that is when the Protestants money is exhausted Thirdly that the Catholikes may the more easily suppresse the Sectaries let them by the invention of divers
interpreted as so many wicked acts all loving and friendly deeds as so many crimes and the bloud of them was not spared for whom bloud was to be shed Good turnes are requited with sword and haltars it is the honour and Dignitie of the Austrian Commissaries to flye at the throat of their defendors and to set their feete upon the neckes of those they have conquered The armies sent from the Protestants are turned against them and the Saxon Generalls Exhortation is this * The very words within a very little of that sanguinary proscription published by the Duke of of Saxony against the Sweds in the Campe of Schuskenburgh 19. October 1635. Fight against your brethren against your Allies against the Lutherans against those that are governed by the same law and Professors of the same Religion with you Set upon the Churches the Altars and the dwelling houses of your friends with force of armes Imbrue your selves in the bloud of your Kinsfolkes and take away by violence the benefit of their native Countrey from those that bee but halfe right sucke and spoyle them with your troupes Let them who brought life and safety to us bee like banished men excluded from the use of fire and water Let them who purchased our Libertie with their bloud be banished and scattered farre and wide out of the Empire as sworne Enemies to peace and disturbers of the publike tranquillity Whosoever shall relieve his friend his patrone his defender with bread or water let him be proceeded against as guilty of treason Whosoever shall kill betray or corrupt his protector or preserver let him receive impunitie money and a garland onely not such a one as was give to him that saved a Citizen Let Libertie bee no more mentioned amongst military banners and let that people the conqueror and preserver of nations confine it selfe within the snow and yee of their owne Ocean and there their Warres being laid aside and put farre enough from them and all feare and terror of them being repressed let them live in awe and horror of our Eagles These are the requitalls of those savers and preservers this is the reward of those defenders these are the thankes and the bounties whereby a vast benefit is recompenced with more vast Injuries CHAP. III. The third Nullity of the part of the Protestants First because they made their Warre against the Emperour being stirred up to it by the Saxon. NOw if these Treaties of the Saxon against the Swedes can by no title or colour of right bee defended as himselfe lately confessed much lesse can his negotiations entred into with the Austrians against the Protestants carry any shew of excuse at all For what did he When as the Emperour Ferdinand II. had published that fatall Edict of the 16. of March 1629. touching the restitution of the possessions belonging to the Church and bitterly execute it against so many supplications appeales and protestations of the States The Duke of Saxony as chiefe of the Protestants summoned all the States The Dyet of Lipsich ended in March 1623. addicted to the Lutheran faith to the Dyet of Lipsich and declared unto them how the liberty of Germany was oppressed and the Princes of the Empire robbed of their rights and dignities and incited them to the gathering up of Souldiers through all precincts and to the arming of the Countrey people Shortly after as one that would by his owne Example leade the way to the rest hee levied an armie of 20000. men and did in the name of himselfe and of the Protestants make knowne to the Emperour that unlesse the grievances exactions and oppressions laid upon the people by his Commissaries and the Souldiers were forthwith taken away hee and his Allies would with armed power resist and repell such hainous and continuall injuries So the Protestants being compelled to rebellion when Tilly did invade his territories with hostile cruelties hee tooke up armes against the Emperour and his Leaguers and by the valour of the Swedes he overthrew the armie of them both with a glorious Victory at Lipsich And presently upon year 1631 year 1633 year 1634 it drawing after him a Common Warre through the whole Empire hee made himselfe Master of the Kingdome of Bohemia the greater part of Silesia and all Lusatia But he did also with perswasions and threatnings 5. Aprill 1634. involve in the publike trouble the States of Silesia who had hitherto beene of neither side In the moneths of February and Iuly 1633. And in the Convention of Hailbrun Frankford exhorted all the Protestants to a firme concord and continuance of a Warre of Allies and Confederates Yet neverthelesse after that by the overthrow at Nordlingen the forces of the Protestants being by little and little enfeebled and those of the Austrians by degrees increased year 1634 made the fortune of the War somewhat doubtfull hee putting off as it were all faith together with the fortune of his Confederates particular Conditions which hee had so often refused being offered unto him made his peace with the Emperor clapt up a short composition for his owne safety to the great prejudice of his Confederates and to the end that hee alone might deserue pardon and favour excluded the most of the Vnited from pardon and Amnestia And so to the end that he might free himselfe from uncertaine dangers he involved his confederates in a certaine destruction and that hee might turne away from himselfe the punishment of rebellion and treason he delivered up his friends and Allies to bee punished at the pleasure of their enemies With a treachery so much the more odious in that hee turned his hostile armes against those whom hee had not onely incited but in a manner compelled to take armes against his Enemies Dat veniam corvis vexat censura Columbas Therefore by what Iustice can a common crime be pardoned to the authors that it may bee punished in the abbettors By what equitie is a publike rebellion commended in the kindlers of it that it may be punished in the furtherers Why are not all the Protestants being partners in one and the same mischiefe recompensed with the same rewards or chastised with the same punishments Why doth the same crime advance some unto new honors and Dignities strip others out of the dignities of their Ancestors and the habitations of of their Predecessors Why is the head of treason adorned not with Laurell wreathes onely but with Elegies or testimonialls of honour and the members which have unhappily joyned themselves to him boasting himselfe both in the Iustnesse of their cause and strength of armes cut off from the body as rotten limbes Let such changeable and fickle friends take heed least shortly in their turne they have experience in themselves of the same punishments which they have approoved in their Confederates and least they in succeeding times doe to their owne damage pay dearely for those things which they suffer to be punished as crimes