FIrst, in that pretended proces, there is found a most great imperfection in the principall foundation and ground there­of. That is touching the matter and sub­iect of the Imperiall iurisdiction: for that neither Diuine, naturall, nor ciuill Law, doth permit the Emperour to be Iudge in his owne cause, or that hee can, in the present difference now made, wherein there is a questi­on touching a pretended vsurpation of the Crowne of Bohe­mia, and of the interest of the house of Austria, ground the afore-said Declaration, vpon a breach of publike peace, and consequently in the pursute of his particular interest, to serue his turne against his aduerse party, with most rigorous penal­ties of the constitutions of the said Peace, which consist in the losse of all his Goods, Countries, honours, & namely his life.

For although men wil not dispute nor striue with the Em­peror touching the power that he hath, by vertue of the con­stitutions aforesaid of the Empire, against the breakers of the [Page 2] publike peace, which according to the opinion of ciuil Law­yers, a Iudge may iudge of, and make Decrees concerning his Office, and iudiciall authority, as also touching the con­seruation thereof: yet it is most certaine and euident, as well by the Iudgements of all Ciuill Lawyers, as by naturall equi­tie, that the maxime aforesaid, is graunted onely in cases, wherein there is no question made of an interest, profit, and great aduantage of the Iudge, and when the Act in it selfe is most manifest, and without any doubt or difficulty whatso­euer. Otherwise, and for want of such circumstances, it is most dangerous, that one selfe same person should be Iudge and party, or that the Iudge and the party should sit both in one seate: for it shall be shewed, and most euidently decla­red hereafter, that in this pretended Declaration, there is no respect had vnto the said common doctrine of the Law, nor to naturall equity. Besides, that the golden Bull, as a funda­mentall law of the Empire, in expresse termes most plainely absolueth this question. That is, whether the Emperour may or can be Iudge, in that which concernes his particular af­faires, or those of his house, saying: That an Emperour, as King of Romanes, in causes and matters that are alledged against him, is bound by an auncient custome, to appeare and answere before the Elector Palatine, as not being permitted to be Iudge in his owne cause. Which words, so cleare, and so expresse, should be vnprofitable, and of no effect, if an Em­peror of Rome could be both Iudge and party. And such an absolute power of the Emperour, was neuer at any time heard of, nor knowne among; nor vnto the true & good Almaines or Germaines, as being directly contrary to their liberties: and it will be found, namely in the time of Frederick the third, in the controuersies betweene Duke Albert and his brother, as also in the differences of Habsburg: yea, and by some exam­ples in the house of Austria it selfe, that ordinance of the [Page 3] golden Bull, and fundamentall constitution of the Empire, was confirmed by a consequent obseruation. Considering that the precedent Emperours of most worthy memory, did alwayes submit themselues to the ordinary course of Law, at all times when any question was to be decided touching their particular patrimoniall goods and possessions: So farre off were they from suffering themselues to bee caried away to such a passion and rigour in their owne interests and aduan­tages, as in this case, which at this time is in question, Such kinde of violence being not exercised in an other mans cause, of much greater consequence, which concerned the losse of diuers Prouinces and notable Townes, withdrawne from the obedience of the Empire, the forces and reuenewes whereof are weakened and diminished more then the halfe.

Further, and secondly, it cannot be denied, That the case in question, doth not particularly touch nor concerne, (nei­ther in the first and highest degree) the Emperor & his house: and yet notwithstanding, the pretended Declaration, hath beene decreed, and concluded by his Counsellours, and ser­uants, who by a most strict Oath; (whereof there is no release in this point) are bound to procure the good of their Master. And for that the said Counsellours and seruants, from the be­ginning of the troubles of Bohemia, haue sufficiently shewed, that their intents, and preiudicate Iudgements, proceede from a hatred and a most extraordinary animosetie, not only against the reformed Religion, and those that generally make profession thereof, but also against the person of the King of Bohemia, and the Elector Palatine, particularly. In this, that in all, and in euery place they haue sought to condemne him, before they heard him speake for himselfe, or once receiued his Iustifications. It is easily to be iudged that this pretended Ban, the Declaration whereof was consulted of, drawne and published by the wills and consents of the Emperiall seruants [Page 4] aforesaid, had no reason, nor any ground of impartiall Iu­stice, and that consequently all the Proces is of no force nor value, passion and animosetie (as it is said) hauing therein had all the gouernment & direction, treading Iustice vnder foot.

And thirdly, in this point it is to be noted & well waighed, what men may iudge & esteeme of all the points of this pro­cesse, which without all reason and nature it selfe, was begun and intimated by the execution. In this that Marquis Spinola, vnder the pretence of an Imperiall Commission, with his Ar­mie raised and payed by the King of Spaine, did by manner of hostility inuade the Electorall Palatinate, before the said pretended Declaration of the Ban was published. Where­in, there was no manner of respect had of any of the States and Countries that were neutrall, and therefore wholy inno­cent: as it appeareth manifestly by the ruine and intire deso­lation of that so flourishing a Country, which iustly might be compared with the best parts of Germanie, which is directly contrary to the Emperiall capitulation: by vertue whereof, no Emperour is permitted, to vse any such violence: but by a most singular wisedome and fore-sight it was referred to the lawes and fashions of the Warres vsed amongst the aun­cient Germanes, and reduced to certaine termes in such af­faires of the members of the Empire, in these words. That the Empire shall not forcibly assaile the Electors, Princes, and other States of the Empire, but hauing any question or controuersie against any of them, to shun and auoid all vio­lence, troubles, and commotions, hee shall cause the same to be descided by way of Iustice, and shall not permit them, to be vexed, nor pursued by armes, violences, or inuasions. For if in case of lesse consequence, a Iudge, before Iudgement giuen, proceding by actuall force against a party, loseth all his credit, and is deputed of the authority and power of a Iudge, as it is most true: what may be said of him, that setteth [Page 5] vpon his aduerse party by open force and armes, disposses­sing him of all his goods and estates, and at the end of all his violences and indirect and wicked proceedings, pronoun­ceth him guilty, and proclaimeth the Imperiall Ban against him.

And seeing, that for the fourth reason, in all formalitie of Iustice, specially in that which concerneth a publike vio­lence and outrage, it is necessarie, that the least and meanest pesant or Citizen that is accused, ought to be orderly sum­moned, to yeeld a reason of his actions: by greater reason, it is most necessarie and conuenient, that this requisite for­mality should be obserued towards an Elector of the Em­pire, of so high a house, and so great a dignity, as the Elector Palatine, specially when it concernes his goods, his estate, his Country, his life, and his honor; and to be short, all that which he possesseth in this world: For specially to speake of the crime of the infraction and perturbation of the publike peace, it appeareth by the lawes of the Empire, that before all things; the party, that is to be accused of such a crime, should be summoned, and heard in his iustifications, and de­fences, that after an exact vnderstanding of the fact, iudge­ment may the better be giuen, and knowledge had whether the publike peace and tranquility hath bin violated and bro­ken. And to that end, that the party may not be condem­ned, and submitted to the most rigorous paines of the Ban, at the only request, or vnder a false suggestion of the contrary partie: which can not be iustified, neither by the ordinances of the Imperiall chamber, made and concluded in forme of a publike and perpetuall contract betweene the head and the members of the Empire, nor also by the capitulation; where­unto, as the precedent Emperors, so also the Emperor at this day bound himselfe by a solemne Oath: within expresse and manifest tearmes saith. That his Maiestie shall not permit, [Page 6] that from henceforth, any of the states of the Empire, E­lector, Prince, or others, shall be put into the Imperiall Ban, without cause, and without lawfull knowledge of the same: but that in such case, hee shall obserue the formalities, and lawfull proceedings, all in conformity of the constitutions and customes of the Empire, according to the tenor of the reformed ordinances of the Chamber, and Soueraigne Court, published touching the same. Now although all this is most true & manifest, yet it hath all bin put out of cōsidera­tion, & of the tenor of the pretended declaration: seeing that without citation, without knowledge of the cause, without any formalitie, they haue gon so farre as in their own proper cause, to proceed to a most manifest iniust sentence, and to declare an Elector of the Empire to be a criminall: who by the golden Bull, is qualified to be one of the principall mem­bers of the body, and a pillar of the Empire: whose electo­rall dignity in the Empire, is esteemed to be of no lesse ac­count then the Royall. To whom for an accomplishment of all iniquity; they deny that which is due to the most wic­ked and greatest malefactors, yea and to the wicked spirits themselues, (as some men say) who are not condemned, without their cause be first heard: seeing that it is altogether manifest, that this pretended sentence against the King of Bohemia, was not onely published without any formalitie, as it hath many times bin sayd, but extorted and procured by the importunate solicitations of the Spanish Ambassador, at whose lodging the first counsell was holden, as also by trea­ties made vnder hand and cauteously with the Archbishop of Mayence and others, all without the knowledge of the El­lectorall colledge: which ought lawfully to assemble, de­murely to waigh the pernicious consequence of so violent and rigorous a proceeding, whereof may ensue the ruine and entire desolation of all the Countrie.

And although they seeke to colour and excuse this head­strong proceeding (which is so much the better knowne, that tenne monthes before the pretended sentence, they beganne to practise the execution by force of armes) in this sort, that by vertue of the Emperiall constitutions and edicts, in case of a manifest and permanent rebellion, there is no neede of any formall Proces against those that are attainted, but ra­ther by the tenor of the same it is permitted to proceed ac­tually (against those that are culpable) by force of armes: and yet they cannot shew any such manifestation of the Act which is now in question. Seeing that the King of Bohemia, did neither by practises, force, or other meanes, intrude himselfe into the Kingdome, but entred therein, and tooke possession by a most iust Title, as beleeuing most assuredly that the Crowne was vacant, as appeareth by the manifest protestations and declarations by him published and sent into all the parts of Europe. In such manner, that the notice required, to forme a Processe vpon the constitutions, against the perturbators of the publike peace, can haue no place in this subiect; and if this pretended infraction be so notorious as they sayd, why did they not at the first serue their turnes, with the reasons and edicts of the Empire, which they now alledge? Why did they deferre eight moneths, and vntill the assembly at Mulhausen, (whereof there could not a copie be had, notwithstanding all the instance that could be vsed therein) to frame a Proces in so notorious a crime as they pretend it to be? why did they not in an Act holden to be so euident, stand to the constitutions published for the execu­tion of the Emperiall Ban? why did they not call the iuris­dictions to put their helping hands therevnto? But why in a crime made so notorious, did a great part of the Catho­lique Romaine states declare themselues Neutrall? Why were they prayed and requested as well by the Emperor, as [Page 8] by the Arch Duke Albertus of Austria, and Marquis Spinola, to continue and abide in those tearmes of Neutralitie? seeing it is so, that in such and the like actions concerning the pub­like necessitie of the Countrie, euery one is bound, to contri­bute something thereunto; and without any exemption, to aide and succour those, that therein are oppressed? And how comes it, that the Duke of B [...]uiere, with his Armie intima­ting the Emperiall commission, maketh a distinction be­tweene the Elector Palatine, and the states of Bohemia, whom hee saith hee would pursue as notorious rebells. A crime whereof he dischargeth the Elector Palatine, when he saith, that touching him, the sayd Elector, hee stood not in such tearmes: And besides all these things, this pretended notoriousnes is made voide and disanulled, by the diuers deductions and apologies of the sayd edicts of the Realme of Bohemia, which are extant through out the world.

We must no lesse consider for the first point, that in this exorbitance, they seeke to ground the pretended declarati­on of the Emperiall Ban, onely vpon the Emperiall constitu­tions of the Empire, touching the publike peace, which ne­uerthelesse; according to the tenor thereof, doe not con­cerne nor bind the King of Bohemia, seeing that such consti­tutions, were not made nor determined within, but with the sixe Electors, and other states of the Empire, concerning the superiors, and the subiects, comprehended in the tenne iuris­dictions of Germainy: and that so a state of the Empire can­not be punished nor persecuted as a breaker of the publike peace, by reason of an offence imputed to the King of Bohe­mia, for it is most euident and manifest, that a King of Bohe­mia, doth not acknowledge the superioritie of a Romaine Emperor, but in regard of the Electorall dignitie, and of the Office of chiefe Cupbearer; and that touching other things, the Crowne of Bohemia is exempted from his Emperiall iu­risdiction, [Page 9] in the same manner that diuers other vassals and members of the Empire are, as Milan, Sanoye, and many o­thers in Italie and else where: which neither will be, nor are bound to the aforesayd constitutions, touching the brea­ches of publike peace: from whence also it follow [...]h that in the Emperiall assemblies, and when question is m [...]de of contributions for monies, and other affaires: the sayd Realme is alwaies accounted as a stranger, and is not bound to contribute to the charges of the executions of the Em­pire, against the publike perterbators thereof: as it is yet ma­nifest by the declaration made by the Emperor Ferdinand the first, to the states of the Empire, Anno 165 [...] wherein hee protesteth and saith, that the say [...] Realme of Bohemia is ex­empted, and dependeth not on the Empire. And the memo­rie is yet fresh touching that which hapned to the Emperor Rodulph, for whose sake no man stirred, although his two Crownes were taken from him, and that hee had held the Scepter, and gouerned the Empire 36. yeares. And it was neuer vnderstood that the Crowne of Bohemia, had any re­spect or regard to the publike tranquilitie of the Empire, or to the publike lawes for the conseruation thereof, but al­wayes followed the example of other Realmes, and strange Potentates, according to their lawes and perticular cu­stomes.

But looking neerer into the constitutions concerning the publike peace, as the onely ground and foundation alledged by this declaration; we shall cleerely by the qualities that therein are required, perceiue and see the nullitie thereof: for as in all faults and offences a man must be attainted of a ma­nifest practise to make him culpable: so in this crime of brea­king of the publike peace, the like must be done. Now tou­ching the King of Bohemia, whom they will make criminall in this subiect, it will neuer be proued, that he did euer vse [Page 10] any practise or fraud, neither before the acceptation of the Crowne of Bohemia, at the receiuing thereof, nor after the same: for those that haue published the declaratiō, therin at­test, that presently after the troubles raised in the same realm; his Maiestie vsed all the meanes he could to quench that fire, and to end that difference: from whence he solemnely pro­testeth, calling and taking God to witnes, that he neuer practised to haue that election put vpon him, which so vnex­pectedly fell vnto him: which assertions and assurances hee may well stand vpon, vntill such time that the contrarie is shewed and brought to light, which vntill this day neuer any man dust vndertake. In such manner, that it cannot be supposed, that his Maiesty euer had any desseigne or thought to breake and trouble the publike peace: because he alwayes alledged the sayd Title to be lawfull, wherewith the Empe­ror would serue his turne in his pretences. And put the case, that in the refusall of the sayd Emperor, the state, of Bohe­mia did commit a fault (which yet is not proued) that neuer the lesse cannot be imputed to a practise or deceite in the King of Bohemia: He hauing not in any sort done, nor pro­cured any thing to that effect; much lesse then ought they to vse any extreamities against him either in his body, ho­nors, or goods, before he were conuicted of deceit and frau­dulent dealing.

For touching that which they alledge; that he, as he is E­lector Palatine is bound to beare respect vnto the Emperor, that cannot in any manner iustifie these proceedings; for that he hath alway borne that respect vnto the Emperor, that is due vnto him as Emperor, and neuer pretended any thing against him in that qualitie; but onely in qualitie of Arch­duke of Austria: He hath not also enterprised any thing a­gainst his greatnes and Imperiall authoritie. And it cannot be verified by the Oath of fidelitie of the Princes of the Em­pire, [Page 11] that any mention is therin made touching the goods & Patrimoniall estates of the house of Austria. In such manner that in these occurrents of Bohemia, touching the perticu­lar pretences of the sayd house of Austria; that Oath of fide­litie will serue their turnes as litle as it did when the states of the Empire did by vertue of the sayd Oath, refuse to deale with the warres which the Emperor Maximilian the first had with Fraunce, the Venetians, the Low-countries, and Zwit­zerland; or to take part with the quarrell of Charles the fifth, against William Duke of Iulliers in respect of Gelderland, or to esteeme that the recouerie of the Dutchie of Wertem­burg was a thing that concerned the Empire, or that it was a matter of high treason. Likewise it is an allegation of no force, to alledge the reuolt made in Austria, by meanes of the Bohemian armie, to proue the practise and deceite alled­ged; seeing it is manifest, that the same Armie was vnder the pay and commaund of the sayd states of Bohemia, and sent by them into Austria, thereby to diuert their enemies, and to recouer that good & treasure which the Earle of Dampiere had forcibly taken from them in their Countrie, and that a good while before the Election, and acceptation of the Crowne of Bohemia, in such manner that the same reuolt, cannot be imputed to the King of Bohemia.

Now, for that by vertue of the said most manifest disposi­tion, set downe in the constitution of the Empire, anno 1594. it is necessary, that in all actions, whereon men will ground the rigorous paines and punishments, pronounced against the infringers of publike peace, the qualities thereof ought to be euidently shewed, together with a manifest proofe of a true (and not a faigned) indirect course, and that for want thereof, the defendant and he that is accused ought necessa­rily to be absolued. Seeing also, that the Elector Palatine hath etterprized nothing but that; whereunto, the generall [Page 12] election of fiue seuerall Prouinces had inuited him: and that after the example of diuers other Potentates, and namely of those of the house of Austria, to discharge his conscience, and to preserue the said Prouinces from greater desolation and danger, to be wholy withdrawne from the Empire, wherein he hath been more commended then blamed by diuers great personages and others, namely Strangers, hauing a regard to the State of the affaires, the Bohemians griefes, and the dis­paire whereinto they were reduced. Therefore it is referred to the Iudgement of all the world; whether his actions ought to be held and iudged to be a rupture of the publicke peace, And whether in regard of the same, a most notable and spe­ciall member of the Empire, without notice of the cause, and against the constitutions and capitulations aforesaid, ought to be banished and dealt withall in such manner: with com­ [...]dement to all others, not to adhere vnto him, nor yet in [...]hy manner to ayde him (although it should be only against the sence of the said Declaration of Ban) vpon paine of losse of life, and likewise to be comprehended in the said Decla­ration: which is no other but to introduce a Spanish serui­tude, and to attribute vnto the Emperour, an absolute au­thority of life and death ouer all the States of the Empire, that would oppose themselues against the particular pre­tences of succession, and others of his house. Whereby it would follow, that the Emperour should be permitted to serue his turne, (by the meanes of his passionate Counsellors) with an absolute power, which the [...] call plenitudinem pote­statis, as in effect in the said Declaration, more then once they presuppose such a power, for the ground thereof: although the capitulation made with an Oath by the Emperour to the Electors, should derogate from an absolute power, and that the Doctors of the Ciuill Law will not heare, speaking of an Act of so great importance; and so the Emperour (by vertue [Page 13] of that power, without any contradiction) might decree, or­daine, and doe what he thought good for his particular pro­fit, or for that of his friends, or to the preiudice of the liber­ties of Germanie, notwithstanding all Emperiall constituti­ons and ordinances.

To conclude, all true Germanes and louers of their Coun­trey and the Liberties of the same, are desired and coniured to haue a regard to this lo suddaine, extraordinary, and most dangerous proceeding to all the States of both Religions, and to beleeue, Quod cuiuis contingere potest quod cuiquam con­tingit. The most puissant God, direct and guide the thoughts of euery man in the way of truth and equity, and of his paternall grace, cause our natiue and deere Countrey, to enioy a good and secure peace.