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
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
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
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
against your will never lay them downe but willingly and having used them onely for the defence of your subjects your friends and common right doth maintaine the libertie of all the securitie of every one and the safetie of Europe with no lesse clairitie then you go â—â—â—ne them with equitie Whereupon it commeth to passe that whereas the captivitie of the Empire seemeth to be greedily gaped after by them recoverie of libertie is endevoured and effected by you the World is troubled by them pacified by you and Germanie oppressed by them is relieved and restored by you And let all things be so subject to the Lawes of Heaven that Iustice Vertue and Felicitie fighting on your side and Trecherie Cowardise and Calamitie taking part with your Enemies Providence may confesse that she oweth Victorie to the one and Vengeance to the other Therefore Most Christian King be pleased to entertaine this Opening and Pleading of the Publike Cause and to take knowledge of the Innocencie of this continued Warre presented to you in writing as you doe defend and countenance it in action Let your Majesties protection be open to the defence of Libertie who even from your tender age have ever beene a Sanctuarie to the banished a Refuge to your Confederates a safegard to the afflicted and a most certaine comfort to all people Your friends relying upon this will not feare any Warre from their Enemies and will hope for a Peace from you that shall uphold Law and Iustice Which Peace when you shall have redeemed the Right of common Libertie you will resolve upon having resolved you will give it and having given it you will preserve it for ever A Breviate or short View of the whole WORKE The Treatie of Prague concluded by the Emperour and Duke of Saxonie against the Protestants Swedes and French is proved to be of no validitie void and unjust by five severall Chapters or generall Nullities The first Nullitie on the Emperours part Pag. 1. 1. BEcause a Treatie or determination concerning Church-Lands exceedeth the power of the Emperour p. 6 2. Because it is founded upon the Transaction of Passaw which is of no moment with the Austrians p. 8 3. The Emperours themselves doe confesse that it belongeth not to their power to determine any thing in matter of Religion p. 15 4. 〈…〉 by any 〈…〉 p. 17 5. Because the Treatie of Prague it selfe is very ignominious to the Emperour and to the Catholikes p. 2â— The second Nullitie on the part of the Duke of Saxonie Pag. 25. 1. Because though he account himselfe the chiefe of the Protestants yet by this divorce and separation from them he utterly ruineth both his owne strength and the strength of his Allyes p. 26 2. Because the treating of a common Peace exceedeth the power of the Duke of Saxonie p. 28 3. Because this Transaction of the Duke of Saxonie is hurtfull and deceitfull to the Protestants p. 31 4. It springeth from a fountaine of foule ingratitude and horrible trecherie p. 35 The third Nullitie on the part of the Protestants Pag. 43. 1. Because the Protestants being instigated by the Duke of Saxonie made Warre against the Emperour p. 43 2. Because they are enforced to consent not to a Peace but to a new Warre p. 48 3. The Kingdome of Bohemia is unjustly made Hereditarie to the House of Austria p. 55 4. Silesia being innocent is stripped of her rights p. 64 5. Lusatia is unjustly dismembred from the Kingdome of Bohemia p. 66 6. The Electorall dignitie of the Palatine is unjustly translated to the Bavarian p. 73 7. The Bavarians anciently had no right to the Electorate p. 84 The fourth Nullitie on the part of the Swedes Pag. 95. 1. Because the Swedes making Warre in their owne name ought also to make the accord in their owne right p. 98 2. Because the Duke of Saxonie in his owne private name oweth revenging imprecations to the Swedes p. 101 3. Because the Swedes cannot basely abandon their Leagues nor their Troupes Nor dare they make any agreement with the Austrians under the faithlesse undertaking of the Saxon. p. 104 The fifth Nullitie on the part of the French Pag. 110. 1. Because the most Christian King by right of protection preserved the Catholike Faith in the Empire p. 111 2. The protection of the Princes and States of the Empire cannot be charged to be the French Kings fault p. 116 3. The most illustrious Elector of Trevers or Trier did justly and seasonably obtaine the protection of the French p. 120 4. Because the Emperour endeavoureth to make the private quarrels of the Spaniards with the French common to the whole Empire p. 124 5. Because the cause of Lorraine doth nothing at all belong to the Emperour p. 127 And therefore the conclusion is that this Triumvirall conspiracie ought to be rejected and a true honest and universall Peace to be fought for and defended with the common Armes Vpon the birth or deliverie of the Transaction of Prague VNgodly Prague which to the World a bloudie Warre hath brought From her false Wombe how ever could a faithfull Peace be sought Or Vngodly Prague hath to the World a bloudie Warre projected From Prague a Plague and no firme Peace could ever be expected THE PREFACE MOst venerable is the name of Peace the plentie it brings is comfortable and the happinesse of it most desirable the possession of it is ever blessed and the granting of it at all times to be laboured for Certainely I cannot imagine any mortall man to be so void of humanitie that he would envie a Rest so necessarie to the Empire so beneficiall to the Countrey as being that without which neither private families nor publike Lawes nor the right of common societie can subsist I cannot suppose any man to be so barbarous and savage that all other circumstances and conditions being alike will preferre a Souldiers Coat before a Gowne Warre before Peace when as in this change and vicissitude of affaires by businesse and labour is begotten ease by troubles rest and by Armes love and concord But where libertie and the safetie of the Common-wealth is pretended and servitude and destruction intended where a most unjust and trecherous Combination is veiled with the glorious name of a Peace where under a pretext of Rest the restlesse Souldier doth ransack and spoile mens habitations and lastly where a deceitfull Condition of Mercie is a Bait to draw on insulting Power every wise man will preferre even a doubtfull Warre before a 〈◊〉 Peace uncertaine safetie before a certaine destruction and an unsworne condition of slaverie before a 〈◊〉 usurped Soveraigntie I confesse that nothing can happen to miserable Germanie either more certaine for her safetie more noble for her glory or more to be wished for the recoverie of her former felicitie then if by consent of the Princes and Pieâ—ie of the Nobles it may be restored to her ancient concord and now almost quite forgotten tranquillitie And that no
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
of Sigismund the Emperour year 1459 in the yeare 1459. although Casimire King of Poland and William Prince of Saxony whereof the one had married the younger and the other the elder sister of Ladislaus did with most earnest solicitation labour for the Kingdome Why did the younger Princes often obtaine peaceable possession of the Kingdome when the brethren and eldest sonnes were put by it as when in the yeare 1324. year 1324 Henry Duke of Carinthia who had married Anne the elder daughter of Wenceslaus VI. being rejected Iohn I. sonne to the Emperour Henry the Seventh founder of the family of Luxemburg and husband to Elizabeth the younger was designed and accepted for King by the States For by the law of nature and lawfull custome of succession males are preferred before females and the elder of the same sex before the younger But I forbeare to hold a candle to the Sunne at noone-day since his Imperiall Majestie would have this cause to be decided not by reasons but by armes and doth found his principall title to the Hereditary possession of the Kingdome Ius hereditarium in regno Bohemiae Ferdinandi II. editum Viennae 1620 in 4. rather upon the recovery or conquest thereof then upon their acceptance having in the beginning of the booke that is published touching his Hereditarie right to the Kingdome of Bohemia clearely professed That although his Hereditarie right were doubtfull and the Bohemians have hitherto had some right of free Election yet now since the whole Kingdome is come to him by force of armes and hath received him for their lawfull Heire all of due not at their pleasure it is in vaine to hold any further dispute touching the right of Election since the Kingdome it selfe being reduced under his power did now acknowledge the hereditary right of the House of Austria thereunto 4. Innocent Silesia is stripped of her rights I come now to Silesia and the united Provinces of Bohemia who where as heretofore for the defence of their rights and liberties they did unite themselves to that Kingdome are at this day by this trans-action of Prague not onely deprived of all rights and immunities but also by Hereditary right made subject to a forrein power The unjustnesse of which Article that it may bee prooved from the very originall of the matter it selfe it is to be considered that the Province of Silesia was anciently subject unto Poland Ioach. Cureus in Annal Silesiae editis Wittebergae 1571. and divided by divers Dutchies amongst the Princes of the Sarmatian bloud Afterwards in succeeding times they disdained the pride of the Sarmatians after experience had of the faithfull and friendly offices of the Bohemians in many of their affaires of their owne free will and voluntary inclination rejecting the Imperious command of the Polonians in the yeare 1331. year 1331 they sued for the protection of Iohn I. King of Bohemia and for this cause Silesia being assaulted by the Polonians with a most grievous warre year 1337 and valiantly defended by the Bohemians did deliver it selfe up wholly into the patronage and protection of the Kings of Bohemia vpon this covenant and condition that all their rights liberties and priviledges should be preserved safe and entire Whereof amongst others one notable testimonie hath remained untill our times that the States of that Province doe not sweare alleagiance unto the King elected untill till hee have bound himselfe unto them by giving a caution for the ratifying and maintaining of their lands rights and honours and by the confirmation of them by the signature of his Reversall letters and by a solemne oath And according to this agreement the Emperour Charles IV. by a speciall Charter given at Prague the seventh of the Ides of October year 1355 in the yeare 1355. did for ever unite incorporate and inseparably ly annex that whole Country with Moravia and Lusatia Both these are extant in the Constitutions of Goldastus Tom. 4. p. 345. 1356. unto the Scepter of Bohemia which Incorporation the Princes of the Empire did afterwards approove at the Dyet held at Norimburgh in the yeare 1356. and did also confirme it by the Rescript or Declaration of Gerlac Archbishop of Mentz and Lord High Chancellor of the sacred Roman Empire And in pursuance of this right the Silesians have ever so lived under the King of Bohemia that they did not onely give their free voice at their Election but also at their Coronation obtained most ample Reversall letters which it appeareth that even the Austrian Kings themselves did most freely grant namely Ferdinand I. the fourteenth of Ianuary in the yeare 1527. year 1527 Maximilian II. in the yeare 1557. Rodulph II. in the yeares 1577. and 1609. and even Ferdinand II. in the yeare 1617. Nay further year 1617 when the last troubles arose in Bohemia the Silesians assisted the Bohemians their Confederates and they were over throwne in the battell of Prague yet the Silesians would not lay downe their armes untill Ferdidinand the Second at a solemne Transaction made at Preslaw the one and twentieth of Aprill in the yeare 1621. year 1621 religiously promised the States that if they would renounce the Election of the Prince Palatine Fredericke hee would preserve all their rights and priviledges unviolated which promise being confirmed by oath and a sacred Charter the Duke of Saxony being then the Emperours Commissary and Mediator for the States did undertake by caution given by himselfe to see observed And although the States of Silesia did forthwith abandon the Prince Palatines Partie yet neverthelesse the Emperour in the yeares 1628. year 1628 and 1629. contrary to his covenants and promises abrogated many of their rights and priviledges the Duke of Saxony conniving thereunto And the Duke of Saxony himselfe when as being provoked thereunto by the Emperours Edict and unjust dealing hee had stirred up generally all the armes of the Protestants throughout the Empire year 1631 and had in an hostile manner gotten possession of the Kingdome and head Citie of Bohemia did stirre up the Princes and States of Silesia which till then had beene of neither side not onely by letters signed with his owne hand the fifth of Aprill 1634. year 1634 to revolt and to maintaine their priviledges as he called them but also sending against them Generall Arnheim with a huge Armie compelled the Dukes and Cities which till then stood doubtfull partly by threatnings and partly by open force unto rebellion and put Saxon Garrisons into the chiefe Cities and Fortresses year 1635 And yet neverthelesse afterwards his purposes changing with the fortune hee was the first that started from the Generall League intending to purchase his owne establishment with the ruine of his Allies and suffered the most unfortunate States of Silesia who relying upon his authoritie and assurance and justice of the Common cause did not at the first take armes but joyned their armes to the Saxons shamefully to be excluded out of the Amnestia being innocent
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
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
of the Nobles of the Kingdome of Lorraine and compelled them to doe homage unto the Emperours sonne but under the protection and Signorie of the French King Now if in the succeeding times the Dukes of Lorraine being situate in the confines of both these great Princes and through the changeable condition of their fortune wavering betwixt both have beene faithfull to neither but have withdrawne their homage from both Certainely it doth no more belong to the Emperour to mingle the interest of the Empire with the cause of Lorraine then it was fit for the Duke of Lorraine with Clandistine mariage and open armes to disturbe be peace of France and with most injurious calumnies to scandalize the Majestie of the French Empire But I cease to presse and obtrude a defence to a most just cause The Conclusion which having beene often approoved from heaven hath left more ignominie then glory to the enemies of it And from those things that have beene hitherto declared I gather that the onely scope of the Trans-action of Prague was to advance the greatnesse of the House of Austria whether by right or wrong to make the Empire together with the Kingdomes of Bohemia and Hungary hereditary to him and in a word by bringing under the rest of the Kingdomes of Europe to establish every where the Spanish Monarchie And so almost in every article of this conspiracie whosoever are either adverse to the Spaniards or suspected to bee so as the French Swedes and Hollanders are excluded out of the Peace and assaulted with the common armes and whosoever are friends neighbours or Allies unto them are most bountifully rewarded out of the spoiles of the proscribed Indeed to the end that the House of Austria might absolutely rule over Germany the Eelector Palatine the principall Pillar of the Empire should first have beene proscribed whose forces alliances and affection to his Countrey have beene long since adverse to Spanish Counsells Then when the Palatine was stricken downe his Territories and Diginities must bee bestowed upon the Bavarians and Spaniards not only because the Countries of the Bavarian doe lie as a bulwarke unto the Emperours Patrimonie to defend it against the Heretike Princes of upper Germany but also because by this meanes the Austrians will alwaies have voices enow in a readinesse in the Colledge of Electors To conclude to the end that the Emperour might make use of all the strength of Germany at his pleasure an Armie of eighty Regiments to be levied and paied by the Princes themselves is committed to the absolute command of the King of Hungary by which not onely the Dukes and States that bee refractory may be chastised but also that power which is left to the Protestants may bee cut up by the rootes So Germany being subdued and brought under and Lorraine recovered it seemed afterwards an easie matter to invade France to conquer Holland and to bring Britaine under the yoake as being their due long since by a mariage with Spaine as the Emperour confesseth in his Declaration of the causes and benefits of the Peace of Prague set forth at Baden the eighth of Iune 1635. That Peace being on this manner settled his Nephew the King of Spaine will very easily reduce the Hollanders to obedience Therefore it is so farre off that by this Trans-action Peace and publike tranquillity hath beene sought that on the contrary the light of peace being every where put out warre hath beene kindled throughout all Europe and all the Princes whether they would or not have beene entangled in the fatall armes of the House of Austria Miserable is the Peace which is commanded by open force a most dolefull Tranquillitie which troubles al things a most treacherous securitie which every one hath cause to distrust Certainely feare and terrour are weake bonds of love which when they are removed those that cease to feare will beginne to hate It is certaine that a faithfull Peace can be onely there where men are willingly reconciled and that it cannot bee hoped to be of any long continuance in that place where servitude is aimed at Certainely no mortall man will continue longer than needs must in such a condition as is irkesome to him and evermore in an uncertaine quiet though concord doe in shew continue yet the opening and remembring of offences past will still be feared That is a true tranquillitie which all men approve and every one desires by which anger is turned into friendship hatred growes into leagues of amitie and an equalitie being observed among all and the Amnestia extended to all the enemies either by greatnesse of good turnes or forgetting of injuries are turned to friends FINIS