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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

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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
word and deed against Ferdinand II. he being instantly growne the stronger in armes of a partie became a judge and decided that domesticall controversie by his owne private arbitrement and did put to most cruell tortures all those that did moove against him the controversie touching the Hereditarie succession And soone after to the end that he might establish that speciall act by a generall ordinance hee publikely declared that the Kingdome was not wonne by valour but due to him by succession When as neverthelesse the Customes of all ages the rescripts of many Emperours and Popes and the Coronations of all their Kings doe manifestly proove that the Bohemians have hitherto had free suffrages in the Election of their Princes Ioan. Dubravius Episc Olomucensis Wenceslaus Hagecius Cosmas Pulcava in Historiis Bohemia 1197. 1212. For that we may seeke no further when as Primislaus in the yeare 1197. was crowned King of Bohemia at Mentz by Phillip the Emperour the Emperour Fredericke II. did by three severall Letters Patents of the yeares 1212. 1216. and 1231. confirme the Election and did by a sacred rescript declare by what title and in what manner the Kings of Bohemia should for the time to come obtaine the Kingdome in these words Declaring our pleasure to bee that whosoever shall be chosen King by the Bohemians doe repaire to us and our Successours to receive his Royall ornaments after the due manner And the Emperour Charles the Fourth did so openly confirme this suffrage of free Election in the Dyet of the Empire held at Norimberg in the yeare 1356. year 1356 that when as he had determined by the golden Bull then published Chap. 7. that all the secular Electorships should by lawfull succession bee devolved to their Heires yet he did particularly except the Kingdome of Bohemia as an Elective Electorship in these words Saving ever the priviledges rights and customes of our Kingdome of Bohemia upon an Election to be made of their King in case of vacancie by the Inhabitants of the Kingdome who have the right of chusing the King of Bohemia according as it is contained in their priviledges and according to their continually osberved Custome which wee doe decree that it shall now and in all future times hold his undoubted force and vigour in the whole tenor and forme thereof Neither ought the private declaration of the same Emperour Charles the fourth made in favour of the House of Lutzembourgh to be opposed against the publike constitution of the Dyet both because it was made without the consent of the States of Bohemia in the yeare 1348. year 1348 by Charles before hee was Emperour and when he had not so much respect to the Common-wealth as to his owne domesticall Interests and also because all the succeeding Kings of what Family soever did by their reversall Letters framed after the usuall Bohemian custome solemnely professe that they attained the Regall Dignitie by the Decree and free Election of the States Even Ferdinand the First although hee were the sonne in law of Ladislaus his predecessor and brother in law to Lewis his predecessor and grounded his title upon the publike disposition of his Father in law by will of the Hereditarie succession of Anne his Wife in the yeare 1510. year 1510 Yet in a solemne recognition made before the States in the yeare 1526. year 1526 he freely protested That the Barons Nobles Cities and the whole Commonaltie of the Kingdome of Bohemia did of their free and good will according to the liberties of the Kingdome choose him King of Bohemia not of any due c. And although he being afterwards induced to it by the Counsels of the Spaniards in the yeare 1545. year 1545 did indeavour to overthrow that recognition under a pretence of errour found in it yet hee being soone taught by experience that unto a Nation most covetous of libertie it was a thing more pleasing that Kings should bee given then borne in an Assembly which hee called at Prague in the yeare 1549. year 1549 hee did most graciously intreat the States and most freely obtained of them that his eldest sonne Maximilian might bee designed King by them And Maximilian againe in the yeare 1575. year 1575 with much intreaty and instat suite obtained of the States of the Kingdome that his eldest sonne Rodulph might onely upon some certaine conditions succeed him in the Kingdome of Bohemia And hee himselfe by a Trans-action at Prague established in an Assembly there in the yeare 1608. year 1608 yielded up the Kingdome to his Brother Matthias I. upon condition that the States of Bohemia and of the united Provinces should approove this resignation yea even Ferdinand II. himselfe in the yeare 1617. year 1617 being commended by the Emperour Matthias in an Assembly at Prague unto the Nobles of the Kingdome and by their consent crowned King of Bohemia giving as their manner is his reversall letters did amply commend that free Election What was it needfull for him to desire more if the Kingdome were due unto him by right of birth What reason was there for him to gaine those things by suite and labouring for voyces which the right of his owne birth and title of lawfull succession freely gave him Besides why hath there beene none of those Kings children hitherto found who after the usuall manner of Hereditarie States would either call himselfe Prince of Bohemia or suffer himselfe to bee so called by his father Why did so many forreigne Princes at such times as the government of the Kingdome was often vacant send Embassadors to the Bohemians and by intreaty labouring promising and offring of gifts sue that in that Election consideration might bee had of them and theirs as it appeareth in histories that the Emperour Albert did for his sonne Frederick in the yeare 1307. the Emperour Henry VII for his brother Walram in the yeare 1610. The Emperour Sigismund IV. for his sonne in law Albert in the yeare 1437. to omit many others Who if they had believed that the Kings of Bohemia were made by succession would never in such an abundance of bloud-Royall in the sight of the whole World have lien in waite for another mans inheritance against all right and justice Why was the Scepter by the most free suffrages of the States often translated to other families although there were many Heires left alive of the precedent as was done both in the yeare 1306. when Wenceslaus the Third being slaine and Henry Duke of Carinthia his sonne in law who was a Competitor being put by Rodulph the First sonne of Albert the Emperour was chosen although the Barons of Suihoven and Hasemburgh descended of the Heires male in a right line were ready to have succeeded and also in the yeare 1458. when Ladislaus being dead George Podicbradius having no manner of affinitie with the House of Austria or Luxemburgh being freely chosen by the States was confined by the Bulls of Pope Pius the Second and by the rescripts
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
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