THe yeere last past, when the most Soveraign King of Great Britaine sent his Ambassador, Thomas Ho­ward Earle of Arundell and Surrie, Earle Marshall of England, to the Emperour Ferdinand the second, to treat in the cause of the Prince Palatine and re­quire Restitution for his Nephew Prince Elector, Charles Lodowicke, and his Brethren, divers people scattered divers words, spent their judgements and opinions thereupon; the actions of Princes [Page] (as it is customary) being diversly construed by the vulgar.

Some averred, that the experience of so many yeeres, so many Ambassagies, so much interceeding already in the Cause of the Pa­latinate, was a sufficient testimony, of a de­fault in that advise, by slacknesse and haesita­tion; that nothing could bee expected by Treaty, nothing obtained by conference and reasonable Conditions, nothing could bee extorted by the transactions of the mode­rate and just King. That the Austrians, Ba­varian, and their Confederates, having alrea­dy destinated the Line of the Prince Palatine for death, would never grant that it should rise againe, and the exiled Palatine Princes more carefull of the ancient liberty and greater enemies to innovation then the rest, now growne stronger, by a new alliance and friendship of forraigne Kings, being re­stored to their former estate, should returne into their Country, and be a terrour to those families, and like thornes in their eyes. That the Austrians, being growne more insolent [Page] by the timorousnesse of the adverse Partie, had already setled to their owne affaires. That the Palatine businesse did more and more decline, that the Prince his friends, Companions and Assistants, suspended with feare and doubt, and often deluded with hope of taking Armes in the Cause of the Pa­latinate, were compelled by necessity to leave his Partie, and enter into new Confoe­deracies. That the Swedes and the French onely were yet remaining, whose love and alliance was to be accepted, with whom He should joyne in Armes, and Counsell, till with a potent and victorious Army, they might weary the Austrians. That the occa­sion was not to be neglected, that this Le­thargie was to be shaken off; that to attempt the negotiation againe by Treaties, (which so often had prooved fruitlesse) and to for­beare Armes, in which the onely hope of attaining the end consisted, was a token of indiscretion or sluggishnesse. Have not the Kings of England by the space of these 18. yeeres bin deluded by the Austrians? will [Page] they still suffer themselves to be gulled with words? Dare they not awake from sleepe, and remember their former injuries? These, and words to the same effect, were spoken commonly by the military men, which breathed out warre, and burned with a de­sire thereunto.

Others, which would be accounted more moderate, and of a more peaceable conditi­on, commended the Kings Wisedome, Piety, and equanimity, granting notwithstanding, that nothing hath bin done hitherto by so many Legations and Embassies in the Cause of the Palatinate, but that all that labour and endeavour vanished into smoke: Yet that it was to be considered; That after the death of the King Friderick, for whom especially it was interceded, whose restitution, and re­conciliation was chiefly aimed at; whom the Caesareans stiled the Author, and fire-brand of all those troubles, and with whom only they averred themselves to be offended. The state of things was not a little altered, and therefore it was probable, that their ha­tred [Page] and wrath was somewhat abated, that the Imperialists (as they pretended) would now become more moderate men, and ca­sting off their old rancour, the father being dead, would not take vengeance of the guilt­lesse children, and therefore concluded the King did wisely, that by a solemne Legation in the name of his Nephews, He attempted to make their composition, and procure the restitution upon Conditions, and might try whether their adversaries were still as cruell and insolent against them, as they had bin formerly against their father, seeing there was far lesse cause for it, against them, then against him.

Besides, of the other side, the King had good hope to obtaine their restitution, that he was desired to come to a Parley, and to send an Embassie with full power to Caesar, assoone as might be; and these concurrents promised an happy issue. This hope if hee had despised, or either relinquished the busi­nesse, as lost, or made warre upon that occa­sion, the adversaries then, might have had [Page] good cause, and pretence, to complaine of his weakenesse or rashnesse.

Besides, they said, there were some other causes that made the King demurre upon the matter, holding it unfit to take Armes with vnwashed hands, and before hee had better setled his owne affaires; and that though it was to be feared, that this Embas­sie would be also fruitlesse, and unhappy, and in the meane season the faire occasion of warre would be neglected; Yet the King neverthelesse, should thereby get this bene­fit; that not onely the justice of the cause, the innocency of his Nephewes, the pride of their enemies, and the injuries done by them, would more cleerely appeare; but that him­selfe also must be justly excused, and com­mended, if after all experiments, and this last endeavour (which yet remained) of making a Peace by Treaties, he should bee unwillingly forced to attempt another way.

These, and the like reasons, mooved the deser­vedly stiled, most Wise and Moderate King, to send His Ambassador Thomas Howard Earle of A­rundel [Page] and Sarri [...], with all speed to Caesar, with perfect instructions for that negotiation. At the Ambassadors first arrivall in Germany, some things happened beyond his expectation; from whence, the more curious sort of men, began to divine forthwith of the successe of his Embassie.

For, first, he was compelled to bee an eye-wit­nesse of the cruelties, practised upon the bodies, and goods, of the miserable Citizens, and inhabi­tants of Frankendale, for whom himselfe became an intercessor. Some were clapt in prison, and con­strained by threats, and famine, to pay their unjust ransomes: others vexed with extorsions, tributes, burthens, and services, pined away for sorrow: the more he complained, and intreated for them, the sharper was their vsage; No mercy could hee obtaine for them, by his suit and intreaties either from Caesar, the King of Hungary their Ministers, or the Spanish Ambassadors: no assurance that those Conditions which were granted them at their yeelding should be observed; but from the time that he first pleaded for them, they were (as on purpose) used more hardly. And how then could he hope to obtaine the maine suit, when these trifles were denyed him.

Againe, when at Norimberg, he understood by Iohn Taylor, who came from the Emperors Court, that the King of Hungary, (who was then at Nord­lingen, in Swaben, and going to the Imperiall Ar­my) desired, that he would meet him upon the [Page] way, (as he seemed desirous to speake with the Ambassador) he sent Taylor before him, to appoint the time, and the place of their meeting, and to in­forme him of what was done. But after some dayes waiting for an answere, he perceived in the end, the King did either seeme lesse carefull of meeting him, then any other businesse, or else to have meerely forgot it; And yet more, neither by Letters nor Agent (which is the custome, when the Ambassadors of Kings come to the Provinces, and Dominions of other Princes) did hee vouch­safe to greet him; which was accounted, a token, either of pride, or contempt, or inurbanity.

At last, he found the King according to his fa­thers command and the writings drawen up at Donawerth, (the very same time when they had ap­pointed to meet) giving, and delivering to the Ie­suits, certaine consecrated goods, lands, revenues, and intire Monasteries, in the Lower Palatinate; which upon the marriage of the Queene of Bohe­mia his Kings sister, were conveighed unto her for her Iointure, which was no good token, of a will inclining to restitution, when he shewed himselfe more forward, to alienate, rend, and di­stract that estate, then to restore it.

When he came to Lintz (a towne of eminency in the upper Austria) where Caesar then abode, be­ing within few dayes after bound for Ratisbon, where the Septemvirat Counsell was assembled; he was indeed entertained in great state, and much [Page] complement, and had free and frequent accesse to Caesar and the Empresse; but about the Cause he came to treat of, for many dayes, he found a still silence. Neverthelesse, at last impatient of delay, he having more importunately urged it, Caesar, as seeming desirous to treat of the businesse seri­ously, appointed certain Counsellors, who should conferre with him; namely, the Bishop of Vienna, Peter Henry Stralendorff Vice-Chancellor of the Empire, and Iustus Gebhard a Civilian. Once they met, and no more, to wit, upon the 14. of the Ka­lends of August: for the Ambassador having peru­sed the Commission which the Emperour had gi­ven his Counsellours, for treating about this busi­nesse, found amongst other instructions, this, That the King of Great Britaine, by Iohn Taylor, had offered to enter into, and settle an offensive, and defensive League, with his Imperiall Majesty and the house of Austria, against the common ene­mies and adversaries of that State.

The Ambassadour knowing this to be false, and against the Kings repute, credit, and integrity; ac­counted that by vertue of his office, he was bound to vindicate the King, from this imputation, and to confute, and contradict it both by word and writing; And this was the cause which then hin­dred him from further discourse with them; And thus he began;

[Page]These things (said he) being so unworthy, and altogether from the meaning, faith, and integrity of the Kings Majesty, I have con­ceived, that it wholly appertaineth to my office, and the honour and dignity of his Royall Majesty, to declare the sorrow, and griefe of mind which I have hence recei­ved, both by word and writing, to your Imperiall Majesty; prote­sting publikely; That, it is not on­ly against the intention of my So­veraigne the King, nor can it bee spoken without some note of igno­minie, that He hath of his owne ac­cord offered an offensive and de­fensive Leagve, to your Imperiall Majesty, and the whole house of [Page] Austria, against the enemies of that family: which truely would tend both to the offence of the rest of His Majesties Confederates, who might thence take just occasi­on of suspition, and complaint, and might also oblige His Majesty to what He cannot doe, with His honour and conscience, without great cause given by His Allies, to relinquish their necessitude, and so involve himselfe in a perpetuall necessity of warre.

But, if Iohn Taylor the Agent for the King, my Soveraigne, hath promised any such thing, or mini­stred any hopes of it, as it is expres­ly set downe, in the words of that Commission: I must needs speake [Page] [...] [Page] [...] [Page] [...] [Page] [...] [Page] [...] [Page] [...] [Page] it, he hath done it without autho­rity, and is bound to give an ac­count, for that action. But if he be free from that imputation, (as he protesteth he is, affirming that he never spake such words, appea­ling withall to his remembrances, delivered to the Imperiall Court,) what can I else inferre, or say, But that there is a strange affront, done both to the King, and me His Am­bassadour, when to my face, by a publike escript such dishonoura­ble and strange things, are thrust upon us?

The case then being thus; I hum­bly beseech your Imperiall Ma­jesty, that your wisedome would weigh, and so order this matter [Page] that no such thing, as may be igno­minous and dishonourable to the King, or my selfe, may bee done, written, or spoke: but that all de­laies and circumstances set apart, wee may come sincerely to the matter, and, as soone as may bee, I may receive that answer which may be welcome, acceptable, and satisfactory to his Royall Maje­sty, and may also bee a token that the businesse is handled seri­ously, and with hope of good suc­cesse.

Caesar replyed hereunto, by a large writing, and full of words, both explaining his owne minde and opinion, and repeating out of the remem­brances what ever at any time had beene done, sayd, written, and treated to, and fro, concerning the matter, and forme of the propounded league. And in the end concluded thus.

[Page]All these things then being thus, as they are proved out of the Ori­ginall writings, which are alledged and may be seene; and seeing that by them, it may easily appeare to any one, that neither his Sacred Imperiall Majesty, nor the most Illustrious King of great Britaine, had any intention to conclude an offensive and defensive League of one side onely, and onely against the enemies of one of them, but a­gainst the common adversaries of both Parties; seeing also, that if the conclusion had beene made onely against the enemies of one Party, it had beene repugnant to the na­ture of such Confederacies; and since otherwise the limitation and [Page] moderation of such agreements ought to depend upon the treaties used in their confirmation; where­by is discovered what is agreeing to reason, and honourable, and be­seeming both Parties. And to conclude, when it cannot bee thought, that the equity, and good affection of his Sacred and Imperi­all Majesty, towards the Illustri­ous King of Great Britaine, would desire any thing of him, that should be contrary to his reputa­tion and dignity: His Imperiall Majesty doth confidently beleeve, that there is no man who will blame Him, that Hee would thus question this matter, and with all gentlenesse, explaine it; not deny­ing [Page] neverthelesse, but that there may be such moderation used con­cerning the often mētioned clause, as by a common consent may bee thought fit, to take away all occa­sions of offence.

But for the principall matter, he wrote againe to this effect,

That he remembred he had de­clared himselfe to the Agent of the said most Illustrious King of Great Britaine, in what sense, he desired that to sundry his former decrees, and namely that of the xxiv. of February last past, there might bee added a new Condition, to wit, in respect of the causes and reasons there alledged; that if the Count Palatine Charles Lodowick, should [Page] perform the conditions contained in the said decree, then hee would mercifully discharge Him of the Imperiall Ban, derived unto Him by his fathers trespasse, that he might bee received into the state & degree of the Princes of the Sa­cred Empire, and hee would also restore him, into no despicable part of his ancient dominions; and ac­cording to the agreement setle him in the same. Lastly, when there should bee a treaty thereon; hee would observe such moderation, both concerning the Electorall Dignity, and other things then re­quired, and propounded, that in those things, which might be granted upon tearmes of justice, [Page] both the most Illustrious King of Great Brittaine, might see the good affection of his Sacred Im­periall Majesty towards him, and also the often named Count Pa­latine, might easily apprehend the readinesse of his favour towards him. That his Sacred Imperiall Majesty, doth yet the more firme­ly continue the same gracious in­tention, and stand to the said de­claration, the rather, because by the said Lord Ambassadour, and former Letters, and Commissi­ons, hee hath beene certified, of the good affection of the most Illustrious mentioned King, (who had no other than a faire and sincere intention, in all for­mer [Page] treaties, and propositions to­wards himselfe and his Princely family:) to which will, and inten­tion, his Sacred Imperiall Maje­sty affirmeth he will be answera­ble, and so remaine constantly, judging it fit, that the matter of which he had beene pleased, once to have made a Treaty, should now also remaine established. And yet moreover, seeing his often na­med Sacred Imperiall Majesty, not bound by any Law, but mo­ved thereunto by his meere Grace and Imperiall mercy, and especi­ally by his affection and love to the most Illustrious King of Great Britaine, and the desired sight of their hereafter mutuall Confede­racy, [Page] hath already thus farre de­clared, and doth yet declare Him­selfe: And also, the forenamed Lord Ambassadour having ope­ned himselfe, to this purpose, that it is not the intention, of his most Soveraigne King, that the foresaid totall restitution, should be made instantly; hence, his Sacred Ma­jesty thought it fit, and belee­ved, it would ensue, that the said Lord Ambassadour, would not be unwilling to explaine himselfe any further, than concerning the manner, of the desired totall re­stitution, and especially touching the Electorall dignity, as also a­bout those things, of which some hope was given to his said [Page] Sacred Imperiall Majesty; to wit, how farre the said King of great Brittaine, would in­gage Himselfe with his Im­periall Majesty, and his whole Princely House of Au­stria, and what hee would, and might doe for their be­nefit.

To this the Ambassadour answered, That, it appeared plainely, out of his owne Imperiall answere, that neither any of the Kings ser­vants, nor the King him­selfe, in any of his writings, had made mention of such a league, no not so much as by word, or familiar discourse, unlesse some such thing, might bee [Page] inferred, to have beene spoken out of the bare Relation of the Count of Schonburg, the Imperiall Am­bassador in Spaine; which never­thelesse, doth not in all things a­gree with the (pretended) offered cōfederacy. And if any such thing should have happened in their private conference, yet it is a new and unheard of way of Treaty; that all things which in a familiar discourse, are propounded by pub­like ministers, should be inserted into publike instruments under the Seale, and afterwards objected against them. But yet, what ma­ner of Confederacy, and under what Conditions it was offered, by His Royall Majesty, it did [Page] plainely appeare, both by the words and meaning of the wri­ters and speakers; to wit, that, If his Imperiall Majesty, regarding the intercession of His Royall Ma­jesty, should restore the Electorall Palatinate, with the annexed dig­nity and liberties, and by this meanes lay the foundation of a ge­nerall setled Peace in the Empire; then His Royall Majesty, would enter into a Covenant with His Imperiall Majesty, and the Fam­ous House of Austria, and with the Septemvirate and States of the Empire, for the obtaining of the Peace and generall tranquility, and the setling of it upon equall Conditions on both sides; and to [Page] defend it against all those, who should dare to impugne such a sa­cred agreement. Wherefore, he did humbly beseech His Imperi­all Majesty, that no such preten­ded League, might any more bee objected to the most Illustrious King, his most gracious Lord, or him His Ambassadour; nor might it bee any more an hinderance, whereby the forementioned ple­nary restitution, might not ma­turely be perfected, without fur­ther procrastination.

Next he refuteth, and opposeth the propositi­on and offer made by Caesar, in standing to his own Decree, or Declaration given to Iohn Taylor, Febr. 24. Anno 1636. saying;

That he in his proposition, and first bill of remembrance, had [Page] plainely shewed, that the declara­tion was of such condition, as could give the King no satisfaction, both because the things therein offered, were far inferiour to His hope and expectation; in that the resti­tution of the most Illustrious Prince, the Electour, His Nephew was included and circumscribed within the narrow compasse of some one part of His Dominion (which neverthelesse is not yet named) as also, because it is said, that his Imperiall Majesty would acquit the Count Palatine Charles Lodowick of the Imperial Ban deri­ved unto him by reason of his Fa­thers trespasse, to the end he might bee received againe amongst [Page] [...] [Page] [...] [Page] [...] [Page] [...] [Page] the Princes of the Empire, if He should fulfill the Conditions con­tained therein: When notwith­standing, it is manifest, that the most Illustrious Electour, Charles Lodowick, is guiltlesse, and free from all offence, and born a Prince of the Empire; that the right gi­ven by God, by nature, and the law, appertaines unto Him, and cannot bee taken from Him, as might be shewen more largely, if need required. Moreover, as the most Illustious King desires, thankfully to entertaine the grace and clemency of His Imperiall Majesty; so it would be altoge­ther unjust, and reproachfull both [...]o Himselfe, and His Nephews, [Page] to forsake the equity and justice of the cause; which is grounded up­on the law of Nature and Nati­ons, the Golden and other Impe­riall Bulls, and the fundamentall Lawes of the Empire, as most plainely may be proved in its pro­per time and place.

As concerning the manner of the desired restitution, He know­eth no other, than that the most Illustrious Elector Charles Lodowick and his Brethren, by an Imperiall decree, reall entrance, and solemne Investiture (customary in cases of this nature) be speedily restored unto their ancient Dignities, Fees, Possessions and Priviledges: Then that they againe should promise [Page] reciprocally, and doe really, what such homagers and Princes of the Empire, invested, and admitted into possession, are bound and ought to doe and performe, accor­ding to the right, custome, and pre­scription of the Empire. But in the behalfe of his most Soveraigne King, he doth undertake, and pro­mise, that, if for His sake, this resti­tution be hastned, and done with­out delay; then His royall Maje­sty, should willingly performe those things which may plainely testifie, His royall, and singular in­clination towards his Imperiall Majesty, the famous house of Au­stria, and peace of Germany, and that He should seale to all this, and [Page] confirme it, both in His owne name, and the name of His Ne­phews, in publike writings, and conditions; to which end, he hath already sent his Ambassador, with a sufficient commission, and ample power, to his Imperiall Majesty, and the Princes of the Empire.

To this the Emperour replyed first by writing, and afterward by his Counsellors, viva voce; by writing in these words:

That for the present, He held it needlesse to dispute of priviledges; that, the authority of the Impe­riall Majesty, is undoubtedly grounded not onely upon the common Lawes, but the peculi­ar constitutions of the Empire, and the Decrees of the Gol­den Bull, and confirmed by [Page] very many, both ancient, and late presidents. That His Imperiall Majesty, had used this liberty, for the free disposing of the Domini­ons, and Dignities of the often na­med Palatine, which disposals are since confirmed by the late Trea­ty at Prague, and consequently, by all the Princes of the Sacred Roman Empire. From hence, if things he well scanned it may ea­sily appeare, whether there be any and of what value that amity is, which his Imperiall Majesty hath formerly offred, and doth yet of­fer, to the children of the Count Palatine, and how much it ought to be esteemed.

All which being truth, and se­ing [Page] that his mentioned Imperiall Majesty, hath declared himselfe both in respect of his affection, and inclination toward the most Illustrious King of Great Brit­taine; as also in respect of his cle­mency, toward His Nephewes, sometimes the children of Frede­ricke Palatine, according to the manner, and under the conditions contained, in the often mentioned decree of the 24^th of February: Therefore, hee thinkes it fit, and doth in all curtesie require it, that the said Lord Ambassadour (if it stand with his liking) would come to particulars, and more plainely either by writing, or (if it please him) which his Imperi­all [Page] Majesty thinkes more conve­nient) by conferring with his Im­periall Majesties Commissioners, to explaine what the most Illustri­ous King of Great Britaine would offer reciprocally, and intends to performe to his Imperiall Maje­sty, for these like proffers; that so, as the custome is, in a faire equi­page, it may be treated, agreed, and concluded, of things required and to be done on both parties.

The Ambassador having recei­ved this answere, declared himselfe to be therewith nothing satisfied; and therefore desired, that his Im­periall Majesty would expresse his minde more plainely and fully; and determinately and absolutely de­clare [Page] whether he had resolved to do any thing in this case, and what; and upon what Conditions hee would restore in particular.

He therefore having called his Counsell, upon the Kalends of September, commanded them to re­paire to the Ambassadour, and speake unto him to this effect;

That His Imperiall Majesty, ha­ving weighed and considered all things, which aswell hitherto had been presented by the Ambassa­dour, as also were necessarily consi­derable in this case, he would faire­ly, and sincerely, deliver his mind in this manner.

That the whole negotiation, con­sisted especially upon three heads; The first is, for restitution of the [Page] Lower Palatinate; but it must bee knowne, that the King of Spaine, hold one part thereof, as a pledge for his great ex­pence, in the execution com­mitted to his trust; that the Bavarian hold the other part, upon the like tearmes; and now it was agreeable to rea­son and justice, that both these personages should receive satis­faction, before that they resto­red their pledges, and gages: that His Imperiall Majesty had dealt diligently with them both, and so farre prevailed with them, that they had consented to the Restitution, but yet upon this condition, that some profits and [Page] emoluments might bee first as­sured, and performed to them, in right of compensation. And that the Count Palatine, might safely, quietly, and without impeachment, enjoy the things to bee restored; His Imperi­all Majesty, of His meere fa­vour, would abrogate His proscription, and receive Him into the State, and Degree of the Princes of the Em­pire.

The second head concerneth the Electorall dignity. But be­cause His Imperiall Majesty, hath lately, freely, and absolutely dis­posed thereof, as a thing divol­ved to His Majesty and the [Page] Empire the Electours consenting and approoving the Act, ac­cording to the prescript of the Lawes, and Imperiall Consti­tutions, and had transferred it upon the Duke of Bavaria (a man of high deservings with Caesar, and the whole Empire,) and to the Line of William, both by Investiture and other Obli­gations; so that the businesse is now established, confirmed, and un­alterable, nor is it lawfull to Treat of the restoring thereof, so long as any man of that Line shall be surviving.

The third head concernes the Vpper Palatinate. And of this it must bee concluded, as of [Page] the Electorall Dignity; for those territories, and dominions were already delivered up to the Duke of Bavaria, in part of payment of the expences, which that Duke had beene at, in the Emperours behalfe, for the recovery of Bo­hemia. And now things being in this state, and His Imperi­all Majesty, having thus sin­cerely, and plainely, disclo­sed his minde; it is very requi­site that the Anbassadour also should now declare what the King againe will doe, for the behoofe and benefit of his Im­periall Majesty, in respect of his Imperiall grace, and good affection, and what manner of [Page] league, he intendeth to make with him.

To this the Ammbassadour answered in few words:

That hee returned thankes to Caesar, that Hee would so clearely explaine His meaning; for now it was sufficiently ap­parent, what the King (who did little expect this answere) might, and ought to hope for in this whole negotiation; but yet, hee should have re­turned him more thankes, if this answere had come sooner, and presently upon his arrivall at the Imperiall Court, or rather, before hee had come [Page] out of England, for then peradventure, there might have beene a sparing of time, and charge, and there should have beene no need of so full a Comission, and solemne Le­gation. That now his mouth was stopped, that hee might neither goe further, nor make any larger declaration, that now there was nothing re­maining for him to doe, but to certifie his King of all the proceedings, which hee would doe faithfully, and without affection; Caesar ha­ving liberty to doe the same by his owne servants, if perhaps, hee did suspect [Page] that hee would adde to the truth, or diminish from it, by his rela­tion.

Two daies after, hee spake with Caesar himselfe, repeating the message delivered unto him by his Agents, and his owne answer, and that according to his duty, hee would enforme the King of all passages, by a speedy Post. His letters he dis­patcheth to the King in England, feigning in the meane season that he would not stay to expect the returne of the Messenger: thinking, that the prepa­ration for his departure would move and incline the Caesareans (who perhaps were unwilling that hee should depart the businesse undone, and the foile of the treaty broken off) to moderation and more reasonable termes: But all was in vaine, time slipt away, and the Post in the meane while returned, bringing letters from the King to the Ambassadour, by which he was comman­ded, that seeing there was no hope of obtaining the restitution of the Electorall Palatinate upon indifferent tearmes; to returne home, and leave Iohn Taylor in the Caesarean Court. When the Im­perialists saw the Ambassadour ready to depart, they used all meanes of industry and art, to de­taine him longer. And to this end the King of Hungary, the sonne of Caesar, who was newly come to the Dyet, stayed the Embassadours purpose of [Page] departing, by giving speciall hope, that he would procure, that the treatise of restitution, should be brought to an happy issue, and the Ambassa­dour should have no cause of complaint or repen­tance, if he attended upon it a while longer. The Ambassadour therefore thought it a point of discretion, to deferre his departure for some daies; as well, that hee might try whether Caesar would deliver any tearmes more indifferent and moderate; as also, that hee might not bee justly charged, that hee was too hasty, and refused to heare those things which to bee openly pro­pounded would be offered: But when the time was still delayed, the matter being transmitted to the advise of the Electours, whose opinions (as it was given out) must first bee knowne, the Ambassadour having twice or thrice called upon them for their resolutions, and seeing himselfe to attend in vaine, went to the Electours, the King and Caesar, and bad them farewell, the 6^th of the ides of November.

At his departure, a new promise and hope was given him, that before his going out of Germany, letters should be transmitted to him, containing such an answere, as should come neerer to his demands. At Noreimberg indeed hee received some letters, and amongst them, one to the Queene Elizabeth; but upon the superscription, there was purposely omitted the title of Ele­ctresse, and Princesse Palatine, under a false pre­text, [Page] that this title is not to be given Her by rea­son of the offence of Her proscribed husband. The Ambassadour therefore with indignation, and words of anger, sent backe those letters thi­ther from whence they came. And surely, it is a matter of cruelty and injustice unheard of, ne­ver knowne amongst Barbarians, never practised in those bloody proscriptions of Sylla and Marius, nor under the Triumvirat, that an innocent wo­man, for the crime of her husband, (how hay­nous and apparent soever) should be deprived of the priviledges, goods dignities, and titles, which she had, and enjoyed before the offence done; according to the dayly practice (so it is presu­med) of the Caesareans, against the Queene of Bohemia, whose dowry is not onely taken from her, by force and injury, but they attempt also to deprive Her of her name, title, and dignity, which She had by marriage; when neverthelesse on the contrary part, it is alleaged, that her hus­band was never convicted of the crime laid to His charge: and yet, unheard by Caesar, (in his owne cause) undefended, not called, Hee is unlaw­fully, unjustly, and for no cause, but hatred, and desire of revenge, proscribed. But to the pur­pose.

For a long time, there was no newes of the answere promised to the English Ambassadour. At last a paper drawne up the 14^th of the ca­lends of February, (a declaration or notification, [Page] ye may call it either) was sent over into England; to this effect.

That his Imperiall Maie­sty, as soone as Hee knew the chiefest difficulty which hin­dered this negotiation, from the desired effect of their more neere alliance, and confedera­tion, depended on this, that the most Illustrious King desired some more ample satisfaction, concerning his Nephew in point of the Electorall digni­ty, had not intermitted, with much care to seeke, and finde out all those meanes, which were requisite for the passing of that difficulty, by conferring of that businesse both with the [Page] Illustrious Electoral Colledge, and with them, who were more particularly intressed therein, and without whose consent (His affaires being as they are) it stood not with the integrity of His Imperiall Ma­iesty, to conclude. When there­fore, some meanes were disco­vered, which gave some hope that the foresaid difficulty concerning the Electorall dig­nity (though the Line of Willi­am sometime Duke of Bavaria was still remaining) might be over passed, and some more ample satisfaction given to the most Illustrious King of Great Brittaine, his Romane royall [Page] Majesty would omit no time to signifie so much to Iohn Taylor, Agent in that nego­tiation, for the King of Great Brittaine, and lest there to that purpose, who should acquaint his King therewit [...] as soone as might be, and [...] knew how to provide, that a sufficient Commission, to retreate, and conclude this businesse of restitution, and confederation, might be trans­mitted to him with all speed, or given to some other, who should bee sent over for that dispatch.

And this is a briefe and compendiary Relation of those things which have beene done, spoken, [Page] and written on both sides in this solemne Ambas­sie. But now for the easier understanding of the consequents, it is first to be observed; That the English Ambassadour, in the beginning of his Le­gation, in the first proposition, and againe in ano­ther declaration to the Emperour, made an excep­tion against that Decree of Caesar (as they call it) of the 24. day of February, both by rejecting it, as a nullity, and frivolous; as also by shewing that the Conditions therein prescribed, were, far beneath [...] hope and expectation, which the most Illu­str [...]us King of England conceived, of the intire restitution of the Palatinate; that is, as well of the Territories, as the Electorall Office; and therefore might give just cause of doubt, and diffidence of successe in the businesse, and of superseding his endeavour by dispatch of his Legation, unlesse that otherwise (and that by Taylor himselfe, to whom that decree was delivered) a more ample, better seasoned, and firmer hope and caution were given in the name of his Imperiall Majesty, of a firme and full satisfaction and gratification, con­cerning the restitution of the Palatinate.

And surely it is not to be questioned, that the most wise and mighty King, would ever have sent His Ambassadour, for such jeiune and frothy Con­ditions; so full of dishonour and prejudice, as were contained in that writing; for unlesse He had a better and more certaine foundation of His hope, and beene induced by other arguments and [Page] perswasions, he would have spared His expence in so honourable a Legation.

Besides; it is to be considered, that the Empe­rour in his first answere which he gave the Am­bassadour at Lintz, the 30. day of Iune did silently acknowledge; that, that hope proceeded from himselfe; because, that then he neither contradi­cted it, nor excepted against it; and further, by his silence allowed that exception which the Ambas­sadour, the 18 of Iune, had propounded against the said Decree of the 24. of February, and acknow­ledged it to be grounded upon trueth and reason. But afterward, when he so confidently contra­dicted it, adding withall that He wondred upon what ground the Am­bassadour supposed, that he ad­ministred hope either of more ample grace or fuller restituti­on, than what was contained in the often remembred Decree; It was a signe that hee resolved not to vary from his first determination, whatsoever any others might say, or beleeve to the contrary.

And now it is worthy your labour to consider, and enquire what, and of what quality, those of­fers made by Caesar were, which are so often repea­ted, [Page] and are commanded to be esteemed at so high a rate, and to be reputed, for a singular kindnesse, and then under what conditions, they were to bee exhibited, and of what qualitie those things are, which are againe required to bee performed, by the King, and Charles Lodowicke the Electour, in acknowledgement of so great a favour.

First, the Emperour offers to absolve Charles Lodowicke from the Imperiall outlawrie, which is derived upon him for his Fa­thers offence, to that end and purpose, that he may be recei­ved to the state and degree of a Prince of the sacred Romane Empire: A goodly favour (questionlesse) for him, who is a Prince borne, and by the law of the Empire, his owne priviledge and right of Primo­geniture, an Electour; that not by his fathers favor, and the way of inheritance, but provision of the Law, and Covenant of the first Atchievour, and by the priviledge of his family doth succeed into the Electorate: If hee accept this offer of Caesars, in that sense it is profered, hee is forced to acknow­ledge, and confesse first; that the over hastened [...] [Page] Ban against his father, was lawfull and just, and pro­mulgated according to Law. Secondly, that the same proscription standeth also in force against him, no otherwise than if hee himselfe had beene proclaimed a proscribed person, and had neede of pardon. Either of which he could not doe, but with prejudice to his most manifest right, and by bran­ding both his blessed father, himselfe, and his, with a note of ignominy: Nor could he do it with a good conscience, or without the crime of greatest ingra­titude; both because, he should wound the honour and estimation of his father, whilest by his silence hee should in a manner acknowledge and confesse him to have been a rebell, enemy, and traytour to his Imperiall Majestie, and therefore lawfully pro­scribed; as also because he is perswaded in his con­science, that his father is wronged and the Ban de­nounced against him, is unlawfull and of no vali­ditie; and if it had been decreed, and pronounced legally, yet it cannot reach his owne person, as be­ing innocent, and was borne long before the pro­scription published, having attained to a right that was acquired and not succeeding his father as the last possessor, but the first purchaser, by the feu­dall and fundamentall law. For a proscription, as, Andraeas Gailius (a great Civilian, and laterall Iudge of the Imperiall Chamber, Counsellour unto two Empe­rours, and sometimes advocate for the Duke of Bavaria saith, & proveth, Lib. 2. de pace publica. obser. 15. num. 19. is personall, and dies with the person. and obser. ultima. n. 32. the Ban (saith hee) ex­pires [Page] with the death of the outlawed, per L. the crime, or punishment of the father can lay no ble­mish upon the sonne. 26. & ibi. Nor can he bee made successor of another mans offence. D. de poe­nis, & per L. defuncto. D. de publicis judiciis. & per L. 1. & final. C. si reus vel accusatus morinus fuerit adde L. publica. 3. D. de publicis judiciis, & allegat. infr. Se­condly, he should be compelled to confesse and ac­knowledge, that hee is no Prince of the Empire, because he hath need to bee admitted into that or­der. But they who doe not esteeme him for a Prince of Germany, that is, of the Empire, must needs praesuppose him, either to have beene a ba­stard, or sprung of some obscure Race, and that his Parents were not Princes, unlesse, they would call him a Prince of England, or Spaine, or France, or some other Empire: but this is falfe (unlesse that he may bee deservedly stiled a Prince of England as being a Prince of that royall blood) as the other is diabolicall. The rights of blood (inquit lex) cannot be taken away by any Civill Law, by which the Out­lawrie is brought in, L. jura. 8. D. de regul. juris. L. jus agnation. 34. D. depactis. The sonne of the proscri­bed Prince of Anhalt, though taken prisoner in the battell of Prague, never needed to be restored againe to the dignity of Princes; but ever, even in his captivity because himselfe was not proscribed nor could the Ban of his Father, by any law, bee of force against him, he was alwaies accounted, and called a Prince, even by Caesar, and the Imperialists [Page] though, his Father was not yet discharged of his proscription; So also, the sonnes of Iohn Fredrick, Elector of Saxony, were accounted amongst the Princes, and acknowledged for Dukes of Saxony, and so stiled, though their father, was then pro­scribed, and in captivity. And now, who can deny that the children of King Fredericke, the Counts Palatine, that is, Princes of the Empire, should be acknowledged, for personages of that dignitie? The Emperour himselfe calles them by no other name, nor otherwise can he call them. But it is sufficiently knowne, what it is to be a Count Pa­latine in the Empire, and sprung from the Electo­rall house of the Palatine. This name and title belongs to no other man, nor is given to any, but him onely that is a Prince: To be stiled the Count Palatine, and reckoned amongst the Counts Pala­tine, is all one as to be a Prince of the Empire, in such a ranke, and degree as by the order of the Empire is granted, to the Counts Palatine, which are the first and chiefe amongst other Princes. The title of Count Palatine is of a higher esteeme in the Empire than that of Duke and Prince. And therefore in the marshaling of their titles and dig­nities, the Princes Palatine preferre the name of Count Palatine before the title of a Duke. Are not the Children of King Fredericke, sonnes to the Neece of the King of Denmarke, by his Sister? Are they not Princes of the royall blood of Eng­land? If they had nothing else to show, but this [Page] prerogative of birth, and the splendour of their fa­thers linage should adde no honour to them, who could deny that they were Princes? who durst pre­sume to dispute and take away this privilege from them, derived unto them from their mother, their Grand-mother, and their Great Grand-mother, all, both Queenes themselves, and Kings daugh­ters, for any sentence against their father? And therefore, by what law, or ground is it ordered that Charles Lodowicke, the Electour, borne Count Pa­latine, and that, litle lesse than three yeeres before his father was proscribed, should need to bee re­stored into the number and degree of the Princes of the Empire? It is great cruelty, to compell the sonne by his owne confession, and acknowledge­ment, to iudge and declare his owne father, whom in his soule and conscience he doth conclude guilt­lesse, for a Rebell, Enemy, and Traytor to Caesar: but, more cruelty if he be constrained, and enfor­ced, to confesse himselfe an offender, who is no way conscious, of any offence, nor by reason of his infancy, could doe any, and so deprive himselfe of his priviledges, dignity, and prerogative of his parentage.

But it being granted (which can never be pro­ved) that the father was a most hainous offendor, and had committed rebellion, and treason, in the highest degree, and was therefore justly condem­ned to banishment, and deprived of all rights and priviledges, yet this sentence ought to be no plea [Page] in barre, against his children, conceived and borne before sentence of their fathers proscription, espe­cially, in those things, which concerne that digni­ty, which was borne with them, their privilege of nobilitie, and such things as descend not from the person of the father, but are due unto thē by right of blood, the right of their family, by the covenant, and transmission of their fore-fathers, and by the disposition of the Law; as are the Electorate, and the Principalitie of the Empire, that is, the royall, antient Fees, which come not by name of inheri­tance, nor by succession of the father, but by right of the first and Simultaneous investiture, and the grant of the first acquirer. c. 1. §. postea vero, & gloss. in. d c. §. cum vero. Conradus in verbo. frater. lib. 1. de fend. tit. 1. De his qui feudum dare possunt. Baldus ad Rubric. de succession. feudi ad §. Hoc quoque n. 4. The sonne, saith he, comes not in as a common heire; but by right of blood which is unchangeable. & in c. 1. § finali. Evae fuit prima causa benefic. amittendi. By birth-right (saith he) forme of investiture being set down by the Lord, from the tenor wherof there must be no variation) the son succeedeth in the fee. Iulius Clarus prime Chancellour to the King of Spaine, & regent in the province of Millain lib. 4. sentent. feudum. q. 66. proveth that the crime of the Father doth not exclude the son from the antient fee, & lib 5. sent. § laesae Maiestatis. n. 10. that the punishment of the Father for high treason is of no force, against the children, which are borne, and conceived be­fore [Page] their fathers trespasse; upon which Baiardus no­teth, that the Fathers punishment is praejudiciall to the children only in those things, which descend to them from the person of their father, not in other things, as namely those fees, to which they succeed by covenant and provisoes. Adde hereunto Boerius who decision. part. 1. q. 10. n. 6 affirmeth that the sonnes for the Fathers offence cannot be deprived of the estate setled upon them before the offence done, that the sentence hath no force against them, which are borne before, but onely after the offence committed. Cynus in d. l. Quisquis. Alciate who Consil. 467. n. by the common received opini­on denyeth that the sentence concerneth those children, who are lawfully conceived, and borne, before the trespasse done, Adde also Couarruvias, Grammaticus, Gailius, Mynsingerus, Baldus, Bartolus, Isernias, Alvareta. Bartholm Camerarius, Rolandinus de valle cons. 74 lib. 3. and infinite others of the same opinion But these insuing lawes are most remarkeable. l. 3. D. de interdictis, relegatis & deportatis. Those estates which descend not from the father, but are given by the Linage, the State, and the nature of the things themselves, remaine undestayned to the children, though the father bee banished or pro­scribed. l. 2. c. de libertis, & eorum filiis, it is said ex­pressely, that the faults of the parents cannot im­peach those children, which are knowne to bee borne, whilst their parents were at libertie. l. Eman­cipatum a patre 7. §. l. & 2. §. D. de senat. ibi. If any one [Page] be conceived, before his father (for a crime) be put out of the Senate, though he be not borne, till the father have lost his dignity, (w^ch is more) he shall be esteemed as the Sonne of a Senatour; for the time of conception is to bee respected, & §. 2. in d. l. it is said, that the dignity of the Grand­father, doth more availe, than the fall of the Fa­ther can hinder the sonne; and l. filium familias. 9. D. eodem. An acquired dignity, cannot be taken from children, for the fathers fault, though he be thrust out of the senate l. qui ad tempus. 2. §. 3. & 4. de decurionibus & filiis eorum, where it is said, that though the father, after the conception of the sonne, doe lose his dignity, the sonne shall not lose his. Also. §. 4. That he who shall be borne after his fathers banishment, and proscription, if he was conceived before it, shall bee reputed the sonne of a Senator. Feudall goods, saith Andraeas Gailius l. 2. de pace public. observ. 25. n. 33. (the pro­scribed person being dead,) ought to be restored, to his sonnes, and other kinsmen; because the of­fence of a father and a kinsman, cannot praejudice the sonnes and kinsmen, in the ancient fee, which is by covenant, and providence and n. 34. the pro­scribed party being dead, the ancient fee, and belonging to the family, returneth to the heires of his blood, for whom by the covenant, and promise of the first archievour, that liberty was obtained; and against whom the offence of a fa­ther, or a kinsman, can bee no impediment. But [Page] of these things we have discoursed fully, at large, and purposely, in our booke Devindicius causae Pa­latinae, whether wee referre the reader; in the meane time it is to be detested, that every com­mon person promiscuously, though of the lowest ranke, doth enjoy the benefit, and may bee secu­red by these lawes; yet the children of Princes shall be denyed this ordinary justice, and become of a more unhappy condition than others in that respect. But to the matter.

Secondly, Caesar offers to re­store the Count Palatine, into part of his ancient dominions, not to be despised.

Now it is to be considered, that this part is not named, nor expressed, nor intimated, of what quality, and quantity it shall bee. It onely de­pends upon the interpretation, and judgement of the Imperalists, whether, it bee such as may not be esteemed to be despised. If they account of it, according to the estimation of the condition, in which they place the Electour, they will esteeme a small portion to be a great one. But that per­adventure, will bee so small, and contemptible, that it will bee ignominious, and bring great prejudice upon the King and the Electour, to accept it. Indeed, by the last declaration, which [Page] was exhibited to the Ambassadour, it appeareth, and is to be plainely seene, that both the Electo­rall dignity, and office, the chiefest, and greatest thing appertaining to this restitution; and also the upper Palatinate, a portion, equall to that which is left to be restored in the lower Palatinate, is de­vided, and separated from restitution, for, there it is said, that neither of these must bee menti­oned, or hoped for, as long as any of the Bavarian Line is surviving. Onely, of that part, which the Bavarian, and Spaniard hold, on the Lower Pa­latinate, by way of gage or pledge; some hope is given, that it may bee restored under certaine conditions, when those Bankers are paied. But this part, (if you take from thence the Signio­ries belonging to Lodowicke Phillip Duke of Sym­meren, the Electours fathers brother, and the goods assigned to the Electresse Lodovica Coun­tesse Palatine his Grandmother, and the Queene Elizabeth widowes, for their dowries it would be very small, and of little estimation. But if you also divide from thence the fields, grounds, Cities, and townes given, granted, and delivered to Leopald of Austria, the Bishop of Ments, Wormbes & Spiers, the Master of the Knights of the Teutonicke or­der, the Landgrave of Darmstar, & others, it would be far lesse: for of these, there is no mention made by Caesar, and therfore it can not be presumed, that these shall be computed, in the restitution of that no despicable portion. And now it is also to be ob­served, [Page] that it is not to be added and expressed, when, & under what conditions, that epitomized portion ought to be delivered. This ought first to have beene agreed upon; for it might easily come to passe, that such intollerable, unjust, and unlaw­full conditions might be prescribed him as the E­lectour with his honour, and conscience, could not condescend unto, which might as well im­peach the receaved religion, the Church disci­pline, and state, as the forme of administring, and governing the Common-wealth, and re­straine them, to new and stricter lawes. Questi­onlesse the Spaniards, and Bavarian will never deliver up, what they hold by strength in the Pa­latinate, unlesse they first receive in hand those emoluments, and profits, which they pretend, and require for their rompensation, and satisfacti­on; the rates whereof, they well know how to inhaunce, at their pleasure. The Spaniards in­deed, as formerly they have pretended, desire a promise, and performance of a league, and helpe from the English against the Dutch, and French, and the protection, and convoy of their owne navie, threatning withall, that they will not, o­therwise, restore their part in the Palatinate, but upon these, and the like conditions. The Bavarian, who (as Demosthenes speakes of one) regards nothing else, but how hee may still get more, will crave a summe of money, and that no small one. Therefore this part, whatsoever it is, [Page] will cost deare, and a price not to be spoken of, and yet if the present desolation and vastation of the fields in the Palatinate, the depopulation of the Countrey, the ruine of their Villages and Townes, and the dwelling houses burned to ashes be consi­dered; it may bee accounted of no value, or estima­tion.

It is further also to bee considered, that the Prince Electour, without prejudice of his right, and the violation of the fundamentall law, can­not consent to any partition, or acceptation of some one part: because in the Golden Bull, by a speciall decree, in divers places, and in emphati­call words often repeateds all division, distraction and dismembring is forbidden: and it is also con­firmed by a royall decree, that the Electorall dig­nity, shall bee so conjoyned, and connexed to the Territory of the Palatinate, that the one by no meanes may bee ever severed from the other. If therfore now he should accept of any part, by way of partition, and division, he must consent and also acknowledge, that the Electorall dignity, may by some meanes, be separated either from the whole, or part of the Palatinate, which yet hee cannot doe, without prejudice of his title, and entire restitution, unlesse perhaps, some integrall part; that is, the whole lower Palatinate, to which the dignity is annexed, should bee restored; nor that neither, but with this condition, that his title and hope of obtaining the rest, may still [Page] abide intire and uncontroverted. For, then the partition and division cannot be said to continue perpetuall, but rather a suspension of the intire re­stitution and Confederation. But, the meaning and scope of the Emperor and Bavarian, and their Subjects, is far from such a moderation and advice, as is most apparent; not only by the last answere, but by other declarations and often experience.

Thirdly, the Emperour of­fers, That he, according as it shall be agreed, will invest him. But, now it is to be understood, that this investi­ture is restrained, only to that part which is promi­sed to be restored, as Radoldus the Internuncio for the Emperour into England, hath plainely decla­red; but not to be extended to the whole Palati­nate, and the Office of Arch-Sewer thereunto annexed. But the Prince Electour, cannot with­out his great prejudice, accept of such an Investi­ture, as is limited and restrained to one part, be­cause by that act he should be excluded and passed over in the generall, principall, and simultaneous investiture, which of right belongs to all the males of that Stocke: in respect of the whole Pala­tinate, the coherent Dignity, and the depen­dances c. nonne praesumt. Hee, that is not comprehended expresly [Page] in this common Investiture, can pretend no Title of Suc­cession and obtaining the Pa­latinate and Electorall Office. There is none of the Counts Palatine, but may ground his Title, and hope for succession in the Palatinate, and the Electorall Dignity, upon this Investiture. For this Investiture doth give a title, cause, action, hope, and pretence of succeeding in the Fees. c. 1. Quibus modis feud. const. poss. c. 1. in princ. de success. fratrum. c. 1. in fine de f [...]udo cognat. c. Si facta. Si de feud. defuncti controv. sit inter D. & agnatos Vasalli. An Investiture is a kind of setling in possession. Mysing. cons. 64. n. 10. and hath the force of a Contract, or rather is a Contract of it selfe, Menoch. cons. 101. n. 28. Consil. 103 n. 53. and thereby the sonnes and kindred have a firme title and assurance, which, without their owne act, can­not afterwards be made void, as Wesenbecius affir­meth, Cons. 41. n. 103. in fine. Besides it confir­meth the title in ancient Fees, though the incum­bent hold it by an unjust possession. Vlcius Zazi­us cons. 1 l. 1. n. 24. Tiraquell in tract. Le mort saisit le vit. declarat. 7. post. 5. n. 15. & 16. Wesenb. cons, 1. vol. 1. n 49. ita citat Nicolaus Burgundus in lib. de E­lectoratu Bavarico. Therefore, it behoovs the Prince Elector to deale warily, and circumspectly in this businesse, by endeavouring to obtaine the Investi­ture; [Page] that is, the renovation of the ancient and common investiture, used in the Palatine family, for himselfe, as the head of the family, and his bre­thren and kinsmen; no way permitting that the Investiture may be omitted, or himselfe, or the rest which are to be invested, be passed over.

Fourthly, the Emperour of­fers, that when it shall come to a Treaty, concerning the Ele­ctorall Dignity, and the other postulates, he will observe such moderation, that in those things which may bee gran­ted upon reasonable Conditi­ons, both the most Illustrious King, may know some signes of the good affection of his Impe­riall Maiesty towards Him, and the Count Palatine may finde the inclination of his fa­vour towards him. But it is to bee [Page] observed; That, this Caesarean supposition, is al­ready cancelled and abrogated by his owne two last answeres. For, in them it is said plainely, That the Emperours disposalls of the Dignities and do­minions of the Electour Palatine, are confirmed by the late Treaty of Prague, and consequently al­lowed of by all the Princes of the Empire. And yet by those disposals, which in the records of that Treaty they have provided alwayes to be of force, all hope of ever attaining the Electorate and the annexed Provinces, is taken away and cut off from the children of King Frederick: it being plainely there expressed; that by those disposals, the Electorate is conferred and delivered, not on­ly to the Duke of Bavaria, but also to the Line of William, that is, to the race of is Father (of which there are five males yet remaining) for ever.

Which very thing is more plainely and cleere­ly delivered in the other last answere; where his Imperiall Majestie doth confesse and most plaine­ly show, that he hath granted, (not onely to the Duke of Bavaria, but also to the Line of William) as well the Electorall dignitie, as the upper Pala­tinate, by an hereditary right; and therefore no treatie concerning their restitution, so long as any of that line survived, might be admitted. By this then it appeares plainely, that the hope of obtai­ning the Electorall dignitie, and upper Palatinate is not only cut off from [...]he branches, but from the very stocke? With what confidence then, upon [Page] what ground, by what pretence, can the treatie about the restitution of the Palatinate be continu­ed? Indeed it was afterward signified that upon advise with the Electorall Colledge, which was interessed in the matter, some meanes were disco­vered by which hopes were given, that though the Bavarian line of William was yet in being, the difficulty, concerning the Electorall dignity, might be over passed, and some more ample satis­faction given to the most illustrious King of great Britaine. But there is none, that will use his rea­son, but may observe to what end, these reports were raised, and devised. For they are grounded upon no probabilitie, but tend meerely to ensnare and illaqueate with vaine and empty spee­ches the King of Great Britaine, and all those who are interessed in the Palatine cause, that they might not proclaime warre, take hold of occasions, and so joyne with the French, Swedes, and other enemies of the house of Austria. Such policies are ordinary in the Courts of Caesar, and the Spaniard; as may bee proved by many examples. Indeed their Legates have learned this lesson so per­fectly, that amongst forraigne Nations, they have not undeservedly gotten, the name and fame of great politicians.

But (I pray tell me) what meanes can be found, that satisfaction may bee given to the right, and most just claime of Charles Lodowicke the Electour, his brethren, and kinsmen on the one side; and the [Page] ambition, and insatiable desire of the Bavarian on the other? Only one must be Electour, and keepe that dignitie; two cannot sit in that seat of Iustice, nor performe the office of one man, nor speake with one tongue, nor give one vote. The seaven Electours, like seaven pillars, support the state of the Germane Common-wealth. If there be more or fewer, the Symmetrie and bulke of that buil­ding must needs fall. The Golden Bull, which is the Royall fundamentall law, and princely decree, admitteth only of seaven, and to each of them as­signes, and prescribes his office, principalitie, and power, to which the Electorate is annexed: hence also, it stiles them the seaven candle-stickes, the number of which can neither be augmented, nor diminished, without dismembring and subverting of the body of the Republique. If there were more, as nine, or eleaven, (for the number must naturally bee uneven, lest the voices being even, there might happen a division, and schisme in the election of a king) what places, what prefer­ments, what offices, beseeming their high dignity, could be appointed to them? What lands, and provinces for the setling the Electorate, could be assigned to them? So great is the authority of the Golden Bull, that it cannot be altered and viola­ted by the Emperour, though with the consent of the Electours; unlesse by overthrowing the lawes, that is, by racing the foundation, he would per­vert and ruinate the state and constitution of the Commonwealth.

[Page]But if it should happen, that nine Electours should be created, how can they be marshalled in their proper ranks and order? (the Palatine surely will not suffer himselfe to bee displaced, and put by of his right and possession, confirmed, by the custome of many ages, by the fundamentall Laws, and by the consent of so many Emperours, and all the Princes; because he cannot doe this, without impeaching his honour, and wrong of his conscience, nor yet without reproach and injury to his whole family. For, so he should ac­knowledge, and by his giving place and example make it publikely appeare, that He is justly de­prived of his ancient and acquired right, and pre­rogative which time out of minde did appertaine unto Him, among the Electours; and accept it as a great favour, that he should bee admitted as a new creature, and an Electour upon the in­stance of intreaty: when yet with lesse disparage­ment and indignity Hee might better renounce the whole Electorate, then consent unto so dis­honourable a change of precedency and order, into the lowest rancke; which would bee a signe of a foolish and pusillaminous ambition. The Bavarian likewise, will by no meanes suffer him­selfe to be removed from the place, into which he hath ascended, with so great, and fervent de­sire, fury, and violence; with so much labour, and sweat, with so much effusion of blood, and long continuation of Armes; and which he hath [Page] snatched away by force, and conferred upon his family. Although a new Electour ought to sit in the lowest place, and not to be esteemed of higher eminency, then any other; and yet such is his ambition, and so high are the thoughts of his aspiring minde, that he makes no bones to contend for principality, not onely, with the Electours farre more ancient then himselfe, but with Caesar himselfe also, as appeares, by the experience of many former yeeres, when hee compelled Caesar, at the meeting at Ratisbone, to discharge Wallinsten of his office, and to ap­prove all the other things, which he then deman­ded. Long before that the Bavarian was placed by Caesar among the Electours, even in the times of the Emperours Rodolph, and Matthias, he con­tended with the Arch-Dukes of Austria, for the first and more honourable place, he did ambitiou­sly affect the title of soveraignty, as well as the Au­strians, & in fine constrained Ferdinand, who then wanted his assistance, to give him that, title, be­fore he was made a new Elector. It is true indeed, that the Dukes of Bavaria possessed of the estate, and chiefe of their family, made some scruple, to give place to the Arch-Dukes of Austria, (which were not advanced to regall, and Imperiall dig­nity) in the assemblies, and parliaments of the Empire, professing themselves to be more anci­ent Dukes, and that it was unlawfull, for the Em­perours derived from the Austrian family, to pre­ferre [Page] their posteritie before the Bavarian family, which long time had enjoyed the priviledge of the chiefe seate, (by making them Arch-Dukes) because also, the Duke of Bavaria (as the more worthy held the prime collaterall place amongst the secular Princes, and subscribed to, and signed the Decrees and Lawes propounded and confir­med in the Parliaments by the Princes; when the Austrians, who disdained to be placed inferiour to the Bavarian, did sit collaterally with the Priors, Prelates and Ecclesiasticall persons. But yet ne­ver any of the Bavarians did stand so much upon it, and prevaile so farre in it, with such eagernesse, ambition, and better successe, as this moderne Duke; who above all the rest, endeavours to preserve the ancient splendor and dignity of his Family.

But they say it is probable, and there is some hope, that the Bavarians my be perswaded to consent to a covenant of alternation, on this wise; that after the death of Maximilian the Bavarian, now possessing it, the Electorall Dignity and Of­fice, may be performed and held by exchange of turnes, betwixt the first borne sons and Nephews of him, and the first borne Sons and Nephews of King Frederick Palatine: that for default of either of their issue, the whole Electorate may be totally left, as by right of accrewment, to the longest liver. But these are mushrumes and quillits, with­out root or ground, invented onely to circumvent [Page] and ensnare the minds of the credulous. For the Bavarians now being powerfull, and having their estate setled, and withall, of eminent authority and grace in the Empire, are so farre from conde­scending to such a Covenant, that they will not connive and permit, that the controversie of the Electorate should either be set apart, or left in sus­pense. The right of either party being reserved, or that it be referred to a Treaty or a competent Iudge, as they have openly and with great earnest­nesse published and declared; as at other meetings, so more especially in the Diet at Ratisbone; and they have also by their urgent importunity, pres­sed the Emperour so farre, that the Palatines of Rolerts Race shall still remaine excluded from hope and possession of the Electorate; nor shall it be permitted to them, to question their Title to it, so long as any of the Bavarian Line of William survives, and is alive: but, that they shall bee com­pelled to renounce all their title, and give a cauti­on, that they will move no more for that cause hereafter in the Empire: which unlesse they doe, neither Germany, nor the Bavarians, can have any assurance of peace and security. For (say they) if the Palatines have leave and liberty to demand their right, then, so soone as occasion and supply of meanes shall favour them (both which upon their re-entry and restitution to their dominions they will provide and obtaine) they will not bee quiet againe, till they have chased the Bavarians from [Page] the Electorate, as the sonnes and Grand-children of Rodolph have done, who have broken the transaction, and covenant for their alternall fun­ction of the Electorall office, concluded of in the Papian treaty, and by force and fraud have thrust out the children, and posterity of Lodowicke the Ba­varian Emperour from their possession.

It is therefore necessary, that first, and before the Palatines be admitted into the Empire, and re­stored to their Principalities this question be de­termined, and transacted absolutely, which other­wise, would kindle the fire of new troubles, in a fresh warre, and by consequent, the empire, and the Common-wealth, should enjoy no secure, and firme peace, but be disquieted with perpetuall feare. Thus they conclude, and (as they judge) de­termine, what they had advised of, and decreed from the beginning. And hence it came to passe, that with much subtiltie, threats, and Oratory they have not only procured the perpetuall succession of the Bavarian Line in the Electorate, and the ex­clusion of the Palatine family, to be recorded into the Instruments of Prague, amongst the conditi­ons of that dishonorable peace, but, have also com­pelled the Emperour, with their importunity, to cut off from the Palatines, all hope of obtaining the Electorate, and upper Palatinate, by proclai­ming, and writing confidently, and absolutely, that he may not permit, that, there should be any demand or conference, or meeting, about their re­stitution, [Page] as long, as the male Line of William the Bavarian, was in being. But, goe to, let them say, and make oath, that they would consent to this al­ternation, and successive execution by turnes; is it tolerable that Charles Lodowicke, an Electour borne by his owne birth-right, and by the law, provision, and tradition of his Ancestours; and that his bre­thren and kinsmen, for whom this right was pro­cured, should condescend to such a condition as would both bring scandall to Himselfe, and his Countrey, and also infringe their ancient privi­ledges, and prerogatives. With what credit, with what honestie, with what pretence can hee be in­duced that hee should enfeeble, lessen and divide his owne Right and possession, which hath beene ratified and established by the preterition of so many ages, by the Confirmation of so many Em­perours, in a word, by the approbation of all states throughout the whole world (who have lived since the first time of setling of a Common-wealth) & that for the favour of a most ingratefull and dan­gerous Familie? Who can endure, who would not stomacke and storme, if he should see the Pala­tine Princes, who formerly have beene so carefull to preserve the ancient lawes and ordinances of their Countrey, who have adventured to under­goe any hazard, though it were of life and state, for the maintenance of their liberty of the Gol­den Bull, and other constitutions and fundamen­tall decrees now so dishonourably and unadvised­ly [Page] to dissolue and violate them? Hath not this co­venant of alternation, which the Bavarians, even three Ages since, did presume to bring in, been ab­rogated by the Golden Bull of Charles the fourth, by the Confirmation of succeeding Emperours, by the inviolable custome of so many yeeres, as an evill president, which might tend to the decay and ruine of the Empire, would foster discord and difference amongst the Princes, and be an occasion of continuall broiles and tumults.

From these things (which yet have beene but onely touched) it doth appeare what may bee judged of those meanes which are propounded for the overcomming of that difficultie, concerning the restitution of the Electorall dignitie: for, whe­ther the succession and execution by interchange­able turnes be propounded, or whether two new ones, to bee added to the seaven Ancients bee re­solved on, both the one and the other is not to bee entertained, because it cannot bee effected and brought to passe with any reason, security and pro­fit. Let them therefore speake, promise, offer, or sweare what they will, it is certaine and manifest, that Caesar, the Bavarians and their associates, will never receive Charles Lodowicke the Electour, or his brethren, and kinsmen unto their ancient state of dignitie and fortunes; nor will they permit them to attaine to any power, which may be any wayes formidable unto them, lest when occasion serves, aide being sent them from every side, they should [Page] use it to revenge, and the recovery of those things which are taken from them. Briefly, it is cleare and evident, that all labour and time is spent in vaine, [...]t this time, and so long as the Bavarian is alive and the second Prince in the whole Empire; it be yet hoped, that by friendly treaties it may be effected, that the Electorall Palatinate, with the dignity and septemvirall Robes should be intirely restored upon equall tearmes. Some other policy therefore must be thought of some other course must be taken, some alteration of times is to bee looked for, that so these invincible spirits, puffed up with the successe of their affaires, and growne insolent with their long felicitie, and inveterate authoritie, may at length be made to know them­selves, and brought to more mild and moderate counsels.

And these are the proposalls which are offered by Caesar, and willed to bee accepted as a speciall grace and favour of the Emperour, and which are (by them) esteemed to deserve a more neare tyall of familiaritie and league, with other offices of love, betwixt the King of Great Britaine and the House of Austria. But now it is to be considered upon what Conditions this favour by which the most Illustrious King, may apprehend the willing Inclination, and benevolent affection of the Em­perour towards Him, and his clemencie towards his Nephewes; may be granted.

The Conditions, I warrant you, are expressely [Page] set downe but all and those likewise which are yet to be treated of, are shuffled together under the Con­dition of making a League, as it is in the answer.

And indeed, the first Condi­tion requires, that the Count Palatine doe humbly sue for the benefit of reconciliation, by humbling and submitting him selfe to his sacred Imperiall Maiestie in a submissive man­ner as beseemeth him. Here the Electour is enjoyned to stand and confesse himselfe to be guiltie, and by his owne fact declare publike­ly, that he is not innocent, but that he hath offen­ded his Imperiall Majestie to whom hee ought to be reconciled. A reconciliation doth presuppose an offence: But in what did he ever offend the Em­perour? Whether, because hee came into the world? whether, because hee liveth? whether, be­cause hee was in his minoritie and could injure no man by reason of his infancie? whether, because he is descended of the ancient and Royall stocke of the Palatines, and borne of a Queene his mother? whether because he had a father who was elected King of Bohemia? whether, because he was brought [Page] up at Leyden, and applyed himselfe to the studies of Arts? whether, because hee was quiet, and did forbeare Armes? whether because he following the councell of the King his Uncle, was not a Partie? whether because he humbly and submis­sively desired his restitution and investiture of Caesar? Whether, because he hath tendred him all obsequie, and observance? Whether because the King his Uncle in his behalfe did send an Ambassadour to the Emperour and his Electours? whether because by the daugh­ter, hee is the Grand-child of King Iames, and by the sister, the Nephew of King Charles, and the Ne­phews Sonne of the King of Denmarke, and kins­man to the King of France? Some such thing must be, which hath given the offence: But why is not the offence, and the cause thereof, expressed, for which he must shew such a kind of submission and humiliation, as is not usually required, nor per­formed, but by delinquents and such as acknow­ledge themselves to be great offenders? Where­fore is there not a word mentioned why Caesar is so offended with him, that hee must needes be­come a Suppliant, by seeking with so much humi­lity, the benefit of his reconciliation?

Secondly, He is bound to re­nounce all Leagues and Cove­nants [Page] whatsoever, which either He Himselfe, or haply His Father, hath made with any Kings or States whatsoever, as well within, as without the Empire. Heere he is enjoyned to bid farewell, for ever, to all Assistants and friends; and solely to rest upon the meere favour of Caesar, and to lay the founda­tion of his hope and fortunes upon those uncer­taine and doubtfull propositions. But, by this meanes, he should not onely injure, and be ex­treamly ingratefull towards his better friends and acquaintance, who have entertained Him, his Fa­ther, Mother, Brethren and Sisters exiled, and hi­therto have preserved them safe, as in a Sanctuary, and accumulated them with all kind of Curtesies and friendly offices; but also, he should deprive himselfe ever hereafter, of the power and liberty of looking for & contracting leagues and friend­ship, or entertaining Commerce and familiarity with whom he pleaseth. It is neither wisedome nor safety to leave certaineties with dishonour, and prejudice, both to Conscience and Credit; and to turne unto uncertainties which are both hurtfull and infamous, with disgrace and ruine. How miserable would be the condition, I will not say of a Prince, but of a Peasant, who must suffer [Page] himselfe to be bound to so hard and unjust condi­tions, that he should quite disable himselfe of all hopes of using occasions & favours of his friends? There is no example extant, in which, so gene­rall, absolute, and indistinct renunciation of all leagues and covenants, hath beene required of any Prince of Germany, who hath hitherto beene restored unto favour.

Thirdly, there must be satisfa­ction also given in other things, of which it shall be determined here­after, in a future Treatise concer­ning a league, to bee made with His Imperiall Majesty, the King of Spaine, and the whole House of Austria. Hence it is collected, that yet there are some other conditions to be exacted of the Electour, and prescribed to him. In all those there must first be satisfaction given in very deed, and a league confirmed by the King of great Brit­taine, with the whole House of Austria, and many other offices, emoluments, and assistance to bee granted according to the arbitrement and dis­poseall of Caesar, and the Spaniard; and then, the Emperour promiseth He will performe his pro­positions.

[Page]These are things which the Emperour offreth, and the conditions upon which they are offred. And now if these offers be considered by them­selves, and in their owne nature, without the conditions annexed, they are such as will not onely bring no honour, profit and benefit, but rather ignominy, losse, and prejudice to him that accepts and consents unto them. They are also unbeseeming the greatnesse of the Imperiall Majesty, willingly and yet hardly, offering so small things, with so great exaggeration, and as it were exprobation. Moreover they are farre unwor­thy of the honour of the King, who did require them, and had deserved better; to whom it would be a dishonour, if so many intercessions, & Ambas­sies, if so much expense of state in these attempts, if his great kindnesse shewed to the Austrians, his owne friendship and confederation with them, if the moderation, which Himselfe, and the King His Father, have manifested in the behalfe of Caesar, and the House of Austria, in the midst of these combustions; if the continuall profits, which the Spaniards get by England, could procure, obtaine, and merit no more than some one part of the Palatinate, not to bee contemned. Surely, these men either make small account of the de­sert, league, society and friendship of the King, if they thinke it may bee recompensed with some shall portion of the Palatinate, already exhau­sted, and utterly ruinated; or else, they valew [Page] that portion, and the favour of the Emperour at so high a rate, that the friendship of so potent a King, and his assistance, may not bee compared with, or preferred before it. The whole Palati­nate, with the Electorall dignity, and all the re­venewes therereof (especially in the estate that now it is, where there is nothing beautifull or solid in it,) cannot be so profitable, either to the King, or the Electour his Nephew, as at this time, that sole Friendship of the King, sitting still, and carrying himselfe as a neutrall, is to the Austrians.

As the puissance of no King, Prince, and Em­pire in the world at this day, can bee compared with that, by which the most Glorious King of Great Brittaine at this time excells and exceeds others; so there is none which is so formidable and more to bee feared than that is, which is alike fatall to the Austrians and Spaniards. The Kings of England, from time to time have beene very powerfull, and for their commodious Sci­tuation of the Iland, and their command of the Sea have beene ever to bee feared. But none of them did ever attaine to that height of power, to which King Charles hath now ascended: who with one breath rules and governes three, the most powerfull, flourishing, and populous king­domes, abounding, in the superlative degree, with all things necessary for peace and warre; and (which is the chiefest, and of most importance) [Page] hem'd in with two great Ilands, not without great difficulty to be entred: who with an unconquered, and continuall Navy, is Admirall of the Sea, and by most strong Garrisons keepeth the channell, and as hee thinketh fitting, right, and necessary, doth either open or shut it as his pleasure: who hath assigned certaine annuall and continuall re­venewes and profits, to mainetaine a Navy, and now and then to repaire it with new supplies: at whose becke and will (if hee please to com­mand, and use them) all the Navies in the Ger­mane Ocean, in both the Balticke-seas, in Den­marke, about the coasts of the Neatherlands, and Sweden, are ready, and will hoyse up sailes: who enjoyes a most firme peace, and encompassed about with a numerous Of spring, reply & rests upon many proppes, and staies: who goevrnes a most obedient people, that accu­stome themselves to observe his commands with a willing minde; who hath the command of a most warlike Nation, and most valiant in their undertakings of Armes both by Sea and Land: who hath in a readinesse some Myriades of most skilfull Marriners, & approved Pilots; who is nei­ther terrified by feare or suspition of sedition, con­tumacy, or disobedience, nor yet disturbed in His purposes, and intentions: who safely, and that with his great advantuge, may invade his ene­mies; but cannot bee invaded without danger to the attempters: who can wage warre against [Page] other Princes, with profit, and without danger; and prevent and suppresse, in the very beginning a warre that is made against him, before it comes neare him: But, as he is most observant of his covenants, and most desirous of peace, and the greatest lover of justice, and equity: So doth he also desire no other mans right, provoketh no man unadvisedly, but onely endeavoureth to keepe and maintaine that which is his owne. For, such is the justice, piety, and integrity of this great Monarch, (for hee hath these graces, which are the supporters of his royall throne, a­mongst others, proper and engraffed in his royall breast) that, he will keepe his covenants, con­ditions, and leagues, that are made with him, whether of peace or commerce, wholly, punctu­ally, and inviolably with all men; and not take up Armes for profit, and by violence; but with necessity, and mature preparation; preferring the security and safety of his people, before his owne private revenge or desires.

That the Spaniards, at this day, keepe possessi­on of Flanders and the Netherlands; that they have free ingresse, and egresse, to their owne shores, bayes, and havens; that they can trade and traffique with their so far distant and remote Kingdomes; that they can send their money, by letters of exchange, to maintaine their Armies; that they can take up, and bring fresh souldiers and supplies into the field: All this, is by the favour of [Page] King Charles: For had it pleased him, at that time, when the French and Hollanders, with their joy­ned forces and Armies marched into Flanders, ei­ther to have given them a small assistance, or have reached out his hand to the common prey; there is no man doubts, but they had beene turned out of the Netherlands, and beene beaten by Sea, and enforced to retire into their ancient Caves and Dens beyond the Pyrenean mountains.

Hence then it is manifest, how needfull and be­hoovefull it is, for the Spaniards and the Austrians, to have for a friend (or at the least no enemy, but a mediatour both of Peace and Warre) so potent a Commander of the Sea. They ought therefore carefully to take heed, that they doe not alienate or estrange Him from them; that they move Him not to wrath, displease Him, or stirre Him up a­gainst them. For if they should have the King their Foe, and Enemy (the trueth is) they would soone be reduced to order, and forbeare their pil­laging and invasion of other Kingdomes and Em­pires; and be compelled to alter their purpose of an universall Monarchie throughout Europe, be­ing scarce safe in their owne houses and countrey; and altogether unable to maintaine themselves. If the King would, but at the least, prohibite, and hinder them from comming upon the Seas, from using of traffique and navigation; their power and strength would soone come to a straight: For He might, if He thought fit to undertake it, in a short [Page] space of time, and within one yeere, chase them off from the Ocean, like that great Pompey, who with­in the space of three yeeres, scoured the Sea of all Pirates through the whole Roman Empire. If any one doe well consider the particulars, he shall have cause enough to detest, either the impudence, or obstinacy, or arrogance of the Austrians and Spa­niards; in that, in the Palatine Cause, they have not onely, not given satisfaction to the most reasona­ble and iust demands of so mighty a King; (whose Peace affords them safeguard and security) but al­so that they still hinder His Nephews from being restored to the former state of their Dignity and fortune. But let them know, That, as anger in he­roick spirits is slow and tardy in the beginning, so it is fell and vehement, if being overmuch provoked it shall move it selfe with a just violence. Philip & Peucer. in Chronic. Carion. At length (without doubt) the just Nemesis will awake, and rise against them, requiring vengeance and punishment of those arrogant oppressors of the innocent, and pil­lagers both of Kingdomes and Provinces.

Now if Caesars propositions be looked upon, as they are attired in the vestments of the annexed Conditions; they are to be reputed still viler, baser and more opprobrious. I pray you, what favour is this, which tends to trouble & disgrace, & withall, is to be bought at so deare a [...]ate? Briefly, every man may see, that this is intended chiefly, That both the most Illustrious Palatine family, most ob­servant [Page] of their liberty, and the ancient Ordinan­ces, may be utterly oppressed, and continue in per­petuall infamy, that it rise not againe; and that their friends and abettors may be circumvented and hindred from taking of Armes; and that they may not, upon the occasions and moments of time apprehended, associate themselves with the ene­enemies of the Austrians.

Lastly; it must be given you to understand, that The Emperour, in his last answere, which he did likewise in the former, pressed the Ambassador, to descend to parti­culars; and more plainely, either by writing, or, if it pleased him, (which his Imperiall Majesty did judge more convenient) by vo­call conference, with his Imperiall Majesties Commissioners, to ex­plaine what the most Illustrious King of Great Britaine doth offer, and intend to performe, to His Im­periall Majesty, in exchange of [Page] these faire offers; that each Party proceeding in a faire equipage, (as the custome is) it may be treated, agreed, and concluded concerning the Propositions demanded; and the Conditions to bee performed on both sides: which His Sacred Imperiall Majesty thought con­sentany and agreeable to reason.

But the Ambassador in his proposition, and af­terward, declared, That his King, if for His sake there should be a restitu­tion, not onely of one part, but of the whole Palatinate, with the E­lectorate; and so the foundation of an universall peace should be laid: Then Hee would make a league with the Emperour, and the whole House of Austria, and the [Page] Princes of the Empire, to begin, setle, and continue a peace.

A very good, and most faire requitall! who could hope, and expect more? The King offered more than enough; and yet the Caesareans, and Spaniards, were not contented with it: They would have, that the Ambassadour should re­monstrate, and shew in particulars, with what couenants and conditions, the King of great Brit­taine, would make his league, with the House of Austria (for of the Empire, and the Princes there­of, they made no mention, nor did they much care for it; because the Austrians should get no great advantage, by such a conditioned league with the Princes) or what, or how much assistance, either of Armes, money, or shipping, Hee did intend to covenant, and performe. But the Ambassadour, as a wise, and circumspect man, thought it nei­ther reasonable, just, nor honest, to goe further, in answere of things particularly, before the Em­perour would come nearer to his demandes, and plainely declare, whether hee would consent to the whole, and intire restitution, as it was requi­red; or at least, what part, and upon what tearmes, he determined to restore, giving hope, and pro­mise, that the remainder likewise in short time should be surrendred.

Those offers, which were made and propoun­ded in the name of the King, were not onely ho­nourable [Page] excellent, and beseeming such a magna­nimous King, most desirous of the publike peace; but also most necessary for setling a peace in the whole Empire: to this adde that, the King (not bound thereunto by any obligation) offered these things meerely, in testimony of his good affecti­on. But those propositions obtruded and thrust, as it were, upon the King, by the Emperour, are uncertaine, dishonourable, unworthy, imper­fect: such as are neither answerable to the Kings demands, expectation and merits; and such as are not expressions of a generous and free spirit, but testimonies of a tenacious, covetous, and sor­did disposition. To passe by that, the Caesarean Majesty, both in respect of the innocency of the Princes, that are to bee restored, in respect of the justice of the cause, and in respect of the pub­like good; that would have ensued, was obliged to farre greater conditions, namely, to the intire restitution of the Electorall dignity, and domi­nions.

And yet, if hee had come somewhat neerer to the just, reasonable, and so often iterated de­mands of the Ambassadour, and had passed over those ignominious conditions which he prescri­bed to the Electour, by consenting to an honou­rable restitution, which might have beene ac­cepted, without prejudice, and with safety; and withall, had propounded noble, and honest conditions, upon which hee would have gran­ted [Page] a restitution: then the Ambassadour know­ing how much the favour, and benevolence of Caesar would merit, had beene ready to proceede further. But the drift of the Caesareans, was first to know, what they might certainely and particular­ly expect from the King, whether any, and what provision, of Armes, money, or shipping hee would grant unto them: and all to this end, that if they perceived, it would not answere and much conduce to their purposes, then, it might be law­full for them to goe backe, and dismisse the Am­bassadour, the treaty unconcluded. Those things which are objected concerning the Dispositions, confirmed by the treaty of Prague, and ratified by all the Princes of the Empire, and brought in only to excuse, and settle the Emperours decrees in the Palatine cause, do sufficiently declare, what is to be hoped for in the integrall restitution of the domi­nions and dignity. By the decrees of Prague it ap­peareth plainely, that, there were certaine private and secret contracts, betweene the Bavarian, and the Emperour, by vertue whereof, the Electorall dominions and dignities were not onely given, granted, and confirmed to the Duke of Bavaria, for tearme of life; but also to the whole face of his father William, from whom it is called the Wil­helmian Line, to endure for ever: for the decree runneth in these words:

As much as concerneth the [Page] Palatin cause: it is enacted, that thos [...] things which His Impe­rial Maiesty hath determined, both concerning the Electo­rate & dominions therof, in the behalfe of the most Illustrious Duke of Bavaria, and the Line of William, and otherwise; as also, what hee hath ordered, concerning the goods of cer­taine Palatine Administrators, they shall abide firme, and ra­tified; yet so, as it shall bee lawfull, for the widow of Fre­dericke the fourth, sometimes, Count Palatine of the Rhine, to enioy her dowry, so farre, as She can make it appeare to ap­pertaine unto Her. But for [Page] the children of the proscribed Palatine, when they shall sub­missely have humbled them­selves (as it beseemes them) to His Caesarean Maiesty, some Princely allowance shall bee appointed to them, not as a due, but as a favour; not that they can claime it as their Right, but as it pro­ceedes from the grace of the Emperour.

In the dispute concerning the Septemvirate Pa­latine, transferred, by full power, upon the Duke of Bavaria, it is often repeated [...]d affirmed, that the Electorate is not onely given to the Duke of Bavaria, but to the whole Line of the Bavarians; and that the Duke of Ne [...]burg, and others, are mi­staken, who conceive the Investiture to be meere­ly provisionall, and for terme of life. The most Augustine Emperour (thus he writeth [Page] Cap. 4. n. 24.) hath cast the most just and deserved thunderbolt of pro­scription of the Ban, upon the rebell Frederick, and thereby de­clared him to have lost all his Pri­viledges, Honours, Goods, and particularly, the Electorall Digni­ty, with the Dominions thereunto annexed. Secondly, that he hath adjudged the said Electorate, for Felony done by Frederick, to bee devolved to himselfe, upon mature hearing and knowledge of the Cause, examining withall, theaer­sons, allegations, and pretences of the Duke of Neuburg. Lastly, that he being moved with most weighty, and just argument, hath by consent, and approbation of the [Page] Electors of the Empire, and per­swasion of the Pope, really, and for ever transferred the said Electo­rate, together with the Priviledges thereunto annexed, unto the most Illustrious Prince, Maximilian Duke of Bavaria, and the whole Bavarian Family (notwithstan­ding the Duke of Neuburgs gain-saying of it) by a solemne and wonted Investiture; so that His E­lectorall Highnesse having taken possession, as well of the Right, Voice, Dignity, and Electorall power; as of the Goods, Territo­ries, Lands, Dominions, and other things thereunto annexed; or, as it were, admitted into the Famous Colledge of Electours, associated [Page] unto that Fraternall union; and in all things, publikely enjoying the Office, Right, Function, and Dignity of the former Electour Palatine; is thought worthy of, and honoured with that Title, as well by the Pope, Colledge of Cardinalls, his Imperiall Majesty, as the Kings of France, Spain, Po­land, and Denmarke. With what face then, credit, or honesty, doth the Relator write, that the Inve­stiture of the most Illustrious Duke Maximilian, concerning the Electorall dignitie, is onely pro­visionall, and made, but upon cer­taine conditions, to bee of force onely, for te [...]rme of life? The Im­periall [...] doth convin [...] [Page] this calumny, which the Relator himselfe (though unwilling) can­not but acknowledge. Item fol. 15. cap. 5. n. 17. Hee hath freely (saith he) the cause being maturely de­liberated by the space of 2. yeares, and more, the purpose commu­nicated to the Electours, the Pope assenting, or rather, instantly de­siring it the Princes of the sacred Roman Empire, urging and ap­proving it, forraigne Kings also, and Dukes, (the Duke of Newburge onely excepted) earnestly interceding for it, with the applause of all good men, translated the Electorate upon the most illustrious, Maximilian Duke of Bavaria, and the whole Bavarian [Page] line, the merits of his highnesse being knowne to the whole world, his Agnation, and right from that ancient Family sueing for it, and other, most weighty causes, moving the Emperour thereunto; as it appeareth more at large, by the Charter of his Patent, and his Letters of Investiture: and a little after, n. 175 nothing is granted provisionally, and for time of life; no title is reserved for the Duke of Newburg and n. 182. For the Electorate Palatine, was by the meere good will and arbitrement of the Emperour (other great, and most just causes, moving him to it) tran [...]ferred upon the Duke of Bavaria, and his Noble Family, [Page] without respect, or mention of his expence in warre, and n. 184. the matter by the space of two yeeres, and more, being through­ly scanned, examined, and advised of, hee began to translate it upon Maximilian the Duke of Bavaria, and his Family n. 188. that so (Iu­stice dipsosing it) the Electorall dignity, raked out of the Ashes, againe might returne to that Fa­mily, to which of old it did belong; though contrary to right, law, and covenants confirmed by oath it was taken from it. n. 190. of the Electorate Palatine, by reason of the most haynous crime of rebel­lion, committed and perpetrated by the proscribed Fredericke, fully [Page] devolved to him, and justly and lawfully translated to the Duke of Bavaria and his family.

But what needes many words? Have we not heard sufficiently already, that the Emperour doth no longer deny, but openly and publikely professe in the hearing of all the world, that he hath given, conferred, and by Investiture delivered, the Pala­tine Septemvirate, to Duke Maximilian, and the whole Bavarian Line? This Act indeed was, not long knowne among the Commons: Before the publication of the Articles of Prague, no man ever heard of it, unlesse, perhaps, either by divination, suspition, or conjecture, he did smell it out. But these things, as all other passages in this businesse of transferring the Electorall Dignity, were orde­red and ennacted privately, and by a compact plot, as it were, in hugger-mugger, they being neither heard, nor called, without defence, and absent whom it most concerned; without the privity and consent of the chiefe Electours and Princes (except that some afterwards enforced with feare did not contradict them) against the Laws, Right, and faith given to the contrary.

But how doe these things suit and agree with those of the Emperour and the Duke of Bavaria? who when in the Diet at Ratisbone, he invested Maximilian into the Electorate, both to the Ele­ctours [Page] and King Iames, did religiously assure, pro­mise and avow, engaging his inviolable faith, that hee had translated and conferred the Electorall Dignitie to the Bavarian but upon certain Condi­ons, as namely, without prejudice to the right of the pretenders, and no longer than for his life. For thus hee expresseth himselfe in his declaration solemnly made to the Electours Feb. 23. An. 1623 That, the Investiture, was made without prejudice of the sonnes of the Count Palatine, and his Brethren, as also of the Duke Wolfgangus Willhelmus Count Palatine, and other his kinsmen, so that nothing was detracted from any, of his right, but that it was expresse­ly reserved, to bee decided, as soone as might be, either by a friendly composition or by law: the controversie being decided, whatsoever was ad­judged [Page] for them, should be de­livered them instantly, after the death of Maximilian the Duke of Bavaria, and the Inve­stiture, thereupon, to bee granted.

The Electours also of Saxony, and Branden­burg, acknowledged the Duke of Bavaria, but it was upon certaine conditions, and no longer than he lived: for when he died, the title was to be re­stored to those, to whom before the Proscription and the translation of the Palatine (so the words runne) by reason of the simultaneous Investiture, the Electorall dignitie did of right belong.

The Emperour, in his letters to King Iames the 5. of March, the same yeare, writeth in this manner: That hee by his declaration would not in the least derogate or prejudice any in their rights; but to the pretended successi­on in the Electorall Dignitie and dominions, a doore of his [Page] Imperiall grace and equitie should bee alwaies left open both to the children, brother, and kinsmen of the Palatine. Furthermore, that it was ex­pressely inserted in the Instru­ment of Investiture, that by a friendly treatie, or if that would not prevaile, by a sum­marie or royall processe, it should be pleaded and decided what of grace might be given to the Nephewes of the King, pretending a right of successi­on, and what of equitie to the Kindred in the Dignitie and Electorall Priviledges. And the Bavarian himselfe also did averre and promise up­on his faith, that he would possesse the Electorate upon Condition, and no otherwise, and that after [Page] his death it should be restored to him, or them, to whom by Composition or sentence of Iudicature it should bee adjudged. As it is more largely ex­pressed both in the Charter of the Investiture, and in the foresaid Declaration of the Emperour, as also in Letters of the Electour of Saxony, to the Elector of Mentz; and in the answere of the E­lectour of Brandenburg to the Embassadour of Caesar, dated at Regiomontium in Borussia, the 12. of May 1627. All which notwithstanding be­ing violated, and cast by, the septemvirall dignity, with the Country, by secret contracts and agree­ments, is granted, and conferred upon the Line of William that is, upon all the Dukes of Bavaria, and their children.

In that Decree also made the 24. of February this yeere last past, to which the Emperour doth now and then, affirme that hee will constantly adhere, he hath left some hope of regaining the Electorall Dignity: whilest he thus writes againe;

When it shall come to a Treaty, concer­ning the Electorall Dignity, and the other demands, His Majesty will observe such moderation, that in those things which may be granted, upon reasonable Conditions, both the most Illustrious King of Great Brittaine, may thence discover the good will, and affection of His Sacred Imperiall [Page] Majesty towards Him; and, the often na­med Count Palatine, may apprehend, the in­clination of His Caesarean Grace towards Him: And this He also repeated, word for word, in His Answere to the English Ambassadour, the 30. day of Iune, of the forementioned yeere.

But it is to be observed, that these words were spoken, and rehearsed, long after the agreement of Prague, and the translation made in facto, upon the Line of William.

To use the Plantine phrase, not onely, to all the Counts Palatines, but to all the Princes of the Empire and others, who favoured the cause Pala­tine, being perswaded, that the proscription, and hatred, of the Caesareans, was onely against Frede­ricke, and not against his children; and that the Electorate should be restored to them, after the Bavarians death; and yet deceived, especially the two Electous of Saxony, and Brandenburg, who were so cautelous of being deluded, and yet shew­ed lesse care, when they seemed most carefull.

But upon what ground, with what conscience, [Page] by what right, could such clandestine, and preju­diciall disposals be done, they being unheard, and unconsulted whom it principally concerned.

Yet, as such grants, and disposals are nullities, and unjust, so they cannot bee confirmed by the covenants of Prague, nor by the Princes. That, they were of no validity, it appeareth, by this; first because they were concluded privately, be­twixt Caesar, and the Bavarians, and point-blancke contrary to the fundamentall lawes of the Em­pire; for in the golden Bull, the prime, and chiefe fundamentall law, cap. 7. & 20. & 24. and other constitutions, it is decreed particularly, That the dignity, right, power, vote, vicariate, office, and function of the Septemvirall eminency, with their Principalities, and Dominions, (by vertue where­of, the secular Princes Ele­ctors, are knowne to have their right, and vote in the Election of a Romane King, and his pre­ferment to the Imperiall dig­nity,) [Page] should bee so conjoyned and indivisibly united for e­ver, that no one part of the pre­mises, ought to be so divided, or separated from the other, at any time, or may be questio­ned in judgement, or out of judgement severally, or ad­judged, or divided by sen­tence, (because they ought to be unseparable) nor shall any lay a claime to one part, with­out the other: That, if by er­rour, or otherwise, such a plain­tiffe have prevailed, or pro­cesse, judgement, or sentence, or any thing of the like returne should issue forth against this constitution, or otherwise hap­pen, [Page] to be accepted, all that which is already done, and all the consequents, and things thence succeeding, shall be ab­solutely void in Law. Againe, in the royall Capitulation, which is the second fun­damentall Law of the Romane Empire, con­taining, the articles, and covenants, which the Electours by way of contract, have made with the Emperour, to the religious observation whereof, by giving a solemne oath he must binde himselfe, these things, amongst others, are vow­ed, and promised by his Imperiall Majesty.

That, in the greater causes concerning the Empire, hee would aske advice, and give eare to the votes, and opinions of the Electours, and decree, and confirme nothing, without their foregoing lawfull know­ledge, and consent. That, Hee [Page] would authorise no mandate, rescript, or what ever else might bee grievous to others, against the golden Bull, and other constitutions, and cove­nants of the Empire, nor would either himselfe make use of any such instrument, or suffer, that any one, should purchase the like, or make use thereof. Also, that if hee have any controversie, or suite against any of the Princes, he shall try it by law, but use no violence against them; es­pecially, who are willing to stand, to a lawfull hearing. Al­so, that hee will observe, and hinder, and neither by any [Page] meanes nor upon any pretence, grant, that any of the Peeres, and States, whether an Ele­ctour, Prince, or other, may be proscribed, condemned, and declared outlaw'd, but he will endeavour, that, it may bee proceeded thereon, according to the ordinary rule of Law, and the constitutions of the Empire, by the prescript of the reformed chamber of ordi­nances. A clause is added in the end. That if any thing should bee undertaken and done contra­ry to this, and other heads of the Capitulation, it ought to stand as a nullity, to bee void and of no validity.

[Page]Let all those things be considered, and exami­ned, which hitherto have beene ordered, dispo­sed, and done, de facto, in the Palatine cause, and decreed against him, from the beginning to this day, and those especially, which concernes the distribution of the Electorate, and division of the Palatine Territories. Are not all, and each of them directly contrary to the golden Bull, and the plaine prescript of the Capitulation, and laws? Is not the Electorall Palatinate torne in pieces, devided, and distracted, the greater part, together with the office, being given to the Bavarian; an other part to the Spaniard; the rest ro others, di­rectly against the prohibition? Where, whether, and when, were the Electours called, assembled, consulted, and gave their votes, according to the custome of their Ancestours, while these things were done? Did not the Saxon, and Branden­burger constantly, and eagerly oppose the King Frederickes proscription, the translation of the Electorate upon the Bavarian, and the exclusion of the Kings children, and kinsmen from their right? Let the suffrages (given up in the Senate of Princes) in February, anno 1623. Let sundry of their letters, to the Emperour, and their answers, given to the Imperiall Ambassadours be read. If they are now silent, it is because they are com­pelled by violence, and feare. When the Electo­rate was translated, to the Line of William the Bavarian, when those constitutions, were forged, [Page] and anvil'd in a darke shop, when the pacification betwixt Caesar, and the Saxon, was to be patched up by Ambassadors, at Prague, where then were the other Electors and States? Did they then come in? Were they then present? Did they then give in their Votes, according to the custome of their Ancestours? Did their lawfull consent, and Votes, precede it? Were they who were deprived of the Electorate, their Right and States? Were o­thers, (who were also interessed,) cited, heard, and defended? Was this great negotiation determi­ned, upon the hearing of the Cause, and according to the prescribed Lawe? No such thing was thought of, no such thing done, but the cogni­zance of the Electours, States, and unsuspected Peeres, was neglected, and rejected; and all things determined, by arbitrement, by affection, ha­tred, and fulnesse of power; against justice, the Lawes, and Customes; the Royall Decrees, Cove­nants, and Capitulations, against the customary, and due manner of proceeding; against the absent, unheard, unaccused, guiltlesse, plaine innocents: not in a publike assembly, but privately, in a cham­ber, and by a secret Party, these things were done, spoken, decreed written and perfected.

Hence, the Electors of Saxony & Brandenburg, not without cause, objected to the Emperour, as by way of exprobration, That in a matter so waighty, and of such moment, whereon the [Page] safety, or ruine of the Sacred Roman Empire (as experience will witnesse) might depend, they were not called to Counsell, and heard, according to the Rule of Capitulation, espe­cially, when there was a controversie, about an Electour, a principall member of the Em­pire: That this businesse, concerned one of the Septemvirate, and the Electorall Digni­ty; and therefore the Electours were not to be excluded from the cognizance thereof. That it is sufficiently knowne, that the case and question betwixt the Lord, and his Vas­sall, when it is controverted about the losse of a Fee, according to the common feodall Law, is to be decided, and judged by the Peeres of the Court, who are of equall dig­nity, and estimation with the defendant, That, this Ordinance ought to bee better observed, when any thing is to bee de­termined against them, who are now Illu­strious, and eminent: That by the Cove­nant of Capitulation, those who are most in­timate, and familiar Counsellers to His Cae­sarean Majesty, and who might equalize [Page] (him, that was to be punished, or deprived of His Priviledges) in State, Dignity, and for­tune, should have beene called to Counsell: That they did openly, and to the face of the world, protest; that this proscription, and the execution thereof, was decreed, and pro­mulgated without their counsell, and con­sent: That an other manner of proceeding should have been observed, in this businesse: That in the foresaid Capitulation, it is most plainely ordered, and decreed, that no Ele­ctour, or other Prince of the Empire, may, without a full hearing, and ordinary proces, and judgement, be proscribed by the Empe­rour, and proclaimed an Outlaw: That they understood not, by what law, and pretence, the Electors could bee excluded from advi­sing, and understanding a matter of such weight, as might turne the Scale of the safe­ty, or destruction of the Empire. And be­ing, that the forme of a judiciall processe, is one part of justice, which cannot be admini­stred better, than by the authorized, and pre­scribed Lawes, it ought to have been endea­voured; [Page] That the Count Palatine, might have been heard before His condemnation, according to the strict rule of the Law, and and the sacred Capitulation; and that there­fore an ordinary processe should have beene issued out, according to the Constitutions of the Imperiall Chamber, and many other cir­cumstances have beene considered, before the sentence of Proscription had beene pro­mulgated: And this the rather, in respect of the Count Palatines Children, Brethren, and neere kinsmen; all and each whereof, are ac­cused of no crime, much lesse convicted. That the translation of the Electorate, and the Dominions thereunto annexed, are of no lesse consequence, and prejudice, than the Proscription; and therefore of Right, they ought to have beene advised and consulted withall, in that point, according to the De­cree of the Capitulation, and not to enter­taine a bare intimation thereof, after it was done: That the Septemvirate, and Princes of the Empire, are under His Imperiall Ma­jesty, but withall, Electors, and States of the [Page] Empire, and the very pillars, and props there­of; and therefore, it is not to be questioned, but that the examination of this matter, ap­pertained to them: That Caesar would not grant, and conveigh an Imperiall Fee, or Towne, without their advice, and consent: How much more needfull was it, that Hee should have their Counsell, and approbation, when the question was made about the tran­slation of the Electorall Dignity, and such noble, and Princely Fees of the Empire? That by this processe, the other Electours, Princes, and States, might receive a great, and irrecoverable losse, if themselves unheard, and the Electours not called to Counsell, they, their children, and neere kinsmen, with­out examination of the cause, might be de­prived, and spoiled of their states and digni­ties entayled upon them, and all these trans­ferred to strangers, by arbitrement. That by this meanes, an Electour, or Prince of the Empire, would be of a more unhappy con­dition, than any ordinary noble personage of Poland, because, that he cannot be proscri­bed, [Page] but in a full Parliament. That the esti­mation, and prerogative, by which the Ele­ctors have beene hitherto, of eminent note, within, and without the Empire, would grow of small account, and that they, who formerly, in their presence durst not put on their hatts, might hereafter make a question, whether, they ought to stand uncovered be­fore them. If the Electours ought not to be consulted with, and know, when any Ele­ctour is to be proscribed, that then indeed, they could not understand in what the pre­rogative, and authority of the Electors doth consist, or (the name onely excepted) what difference there can be, betwixt them, and the minor Princes of the Empire; nor, how they may be secured from the danger, and prejudice to which themselves might be ly­able by this manner of proceeding; that the proscription of the Prince, with the follow­ing execution, and the ensuing translation of the Electorate, (which ought not to have been without their advice, counsell, and con­sent) was done without their knowledge; [Page] that the Electors, and Princes ought not to be of a more unhappy condition, especially in regard of condemnation, and punish­ment, than the meanest sort of men, against whom, unheard, and uncited, there can bee no proceeding, or sentence of condemnati­on pronounced, though their crimes be most notorious.

All these arguments, which wee have touched by way of Collection, following the heads of things, and but a relish of; both those Electors, of most renowned and eminent authority and esti­mation; who out of their owne knowledge, have testified, and in their publike writings, and letters; in their speeches in open Parliament; by most ample Embassies; have very often, and more than sufficiently written and declared. And it is ap­parent from those things, though but related, upon what foundation of trueth, and cre­dit, those things are built, which were formerly urged out of the Author De Septemviratu in Ducem Bavariae optimo jure translato; and what is to bee thought of the translation of the Electorate; done so privately, without the required solemnities, and the lawfull advice of the Electors assembled. But of this argument, there will be a more convenient place, to speake hereafter. It shall now suffice, to bring in this conclusion, out of those premises; [Page] that all those Dispositions, Decrees, Covenants, Sentences and Executions, are of no force in Law, but void, unjust, and of no consequence, or effect; as the Law, and Iustice doe pronounce them. l. Si expresse 19. D. de appellationibus & relationibus. where it is said, That the sentence is not to be pronoun­ced if it be made directly against the Lawes or a Decree of the Senate, or Constitution.

Therefore, if any man shall appeale from such sentence and be discharged by decree, the sen­tence is made of no force by that ordinance. c. 18. de regul in 6. l. ex stipendatione. l. probatam a praeside. c. de sont, & inte locut, Novel 113.

And againe, it is to be observed, that the agree­ments, and covenants of private men, cannot de­rogate from the publike right, the lawes, and con­stitutions of the Common-weale. l. nec ex praetorio, nec ex solemni jure privatorum conventione quicquam immutandum est. 27. & l. neque pignus. § privatorum conventio jur publico non derogat. F. de regulis juris. l. juris gentium. 7. §. 16. ibi. pactum a iure communi re­motum servari non oportet. & l. contra iuris civilis regulas pacta conventa rata non habentur. 28. & l. ius publicum privatorum pactis mutari non potest. 55. D. de Administr. rerum ad civitat. l. nemo potest. 55. D. de le­gat. 1. l. pacta quae contra leges constitutionesque vel contra bonos mores siunt nullam vim habere indubitati juris est. 6. c. de pactis. M [...]re, no rescript of Caesars, no royall decree, no sacred observation, which appeare contrary to the generall rule of the law, are of any validi­tie, [Page] nor may be produced as proofes in a controversie, thus the Emperour Anastatius hath decreed, l. ultima c. si contra jus vel utilitatem publicam.

Besides, those dispositions were concluded against faith, and caution given; meerely to de­ceive them, to whom the promise was made, as is abovesaid; where it is shewed that Caesar, and the Bavarian Lad religiously and often promised, and warranted, that the Electorall dignitie, was con­ferred upon Maximilian alone, and to him too, on­ly, for tearme of life, and that, after his death, the children, and kindred of King Fredericke, were againe to be admitted. Moreover, they whom it concerned, and which were grieved, were not called, and impleaded, as wee have heard; for in acts that may bee prejudiciall, all whom it con­cernes ought to bee cited. For so Divus Marcus l. 39. ibi. They also being present, that would oppose the decree, that is, might bee grieved by the ratification. D. de adoption. where Gothofredus giveth this rule, Hee is alwayes to be cited that may bee injured. l. 47. Iudge­ment in every matter ought to be given they being present, whom the matter concernes. D. de rejudicat. l. etiamsi Patre. 29.9. si haere litate Patris. 2. ibi. non evocatis creditoribus minime id praeiudicasse. D. de minoribus Ioachimus a Beust. in l. admonendi [...]n. 796. D. de jureju­rando B [...]t, whatsoever is ordered, decreed, [...]one, and concluded against the absent is nothing l. si ut proponis. 5. ibi. What is so carried against thee, in thy absen e, ought not to be referred to the effect of the law. & l. ea [Page] quae statuuntur adversus absentes. c. Quomodo & quan­do Index sentent. When, saith Symmachus, in a cer­taine epistle, did things concluded of amongst others, wrong those which were absent and ignorant? L. 1. ibi. It is often decreed, That matters passed in private for the one partie, can doe no prejudice to the other. And l. 2. ibi. This law is notoriously knowne, that a transaction made amongst some in private cannot prejudice the ab­sent, & ibi. For neither, though they have made a divi­sion in thy absence can it derogate from thy right. c. In­ter alios acta, aliis non noceret. argt. l. transact. matris. 26. c. de transact. & l. Imp. 3. ibi. Privatis pactionibus non dubium est non laedi jus caeterorum. D. eodem.

Lastly, all these acts were drawne up, against such as were then in their Minoritie, undefended, unheard, fatherlesse Orphans, and whose title came by atchievement. For when those contracts betweene the Bavarian and Caesar were made, and the Covenants of Prague were peeced, Charles Lodowicke was yet as a ward as the rest of his bre­thren are at this present day. He alone had then attained the age of 18. yeeres, the time prescribed by the Golden Bull, for the full age of the Electors children. But the Emperours affirme, that what­soever is decreed against an Orphane, he is unde­fended, & under protection of a Guardian it can­not endamage him at his riper yeeres. 1. acta apud se. 45. §. contra indefensos minores nulla sententia pro­ferenda est. 3. & l. contra pupillum indesensum, vel mi­norem xxv. annis, propositum nihil momenti habet, [Page] which in English runneth thus, Against Orphans undefended, or under the age of 25. yeeres, a peremptory sentence is of no validitie. 54 D. de reiudicata. No man, (to use the Civilians Language) can bee deprived of an atchieved right, no, not by Caesar using all his royall prerogative. To take any thing from another vio­lently, is more against nature, than Death, than paine, than povertie, or what else may happen to the estate of the body, or of Fortune. Cicer. lib. 3. Offic.

But concerning the confirmation, and appro­bation of those Disposals, it is to be understood.

First, that a contract against the allowed cu­stomes, lawes and liberties, is a nullitie, nor can be confirmed, ratified, or allowed.

Secondly, that the approving thereof by the states (which is yet uncertaine, whether so or no) is unlawfull, and of no validitie; because they were not present, nor called, and assembled toge­ther, that the cause being first heard, they might then give their consents: and if any did so, and suffragated to Caesars propositions, they did it se­verally, and apart, which by law ought not to bee done. l. item si unut. 17. § item si plures. 2. and l non distinguemns. 32. §. Cum in plures. ibi. Non deb [...]t sin­gulos separatim coge [...]e. D. de receptis qui arbitrium. c. cum omnes. Extra. de consit. de constit. Hieronym. a Cavellis in spicul. Co [...] [...]un opin. quaest. 476. Anton. Fa­ber. in Cod. Decision. foren. lib. 1. tit. 3. definit. 42. where he sheweth, that It is not to be reputed a generall Act, [Page] which is done by particular persons, though done by all, if they be not assembled into one Company. and Flamin. de Rubeis consil. 69. n. 220. lib. 1. saith, the Record is of no power though all the parties consent, if they agree seve­rally, and the severall persons are not lawfully congre­gated.

Besides, most of the Princes, especially the Protestants which assented to the treaty of Prague, were enforced thereunto, and constrai­ned by feare, menaces, armes and peremptorie Commands to approve it, if not they had bin pro­claimed open enemies, as it is expressed in the re­gister: but the law teacheth what ought to bee thought of such consents, and allowance. See l. velle non creditur. D. de regulis iuris. and there Deci­um, & Dol. ibi. Necessitas imposita contraria volun­tati. D. quod metus causa. Cuiac. observ. ult. lib. 16. Whatsoever is extorted and done by feare; is ac­counted as nothing, and cannot bee ratified. D. Quod metus causa. l. si donationis. 7. and l. ult. c. de his quae vi metusve causa gesta sunt. where it is concluded, ratum haberi non patietur & quae per potentiam extor­ta sunt, praecipimus infirmari, in English thus, it must not be permitted, that such a conclusion may bee ratified, and we command, that whatsoever is wrested away vio­lently, shall not be authorized. Bartol in lib. 1. §. quae veneranda in sin. D. Quarum rerum actio non. datur, & de except. iurisiurand.

In fine, it is not to bee said, and concluded in­stantly, that all they, which complyed themselves [Page] to the treaty of Prague, did allow, and ratifie all, and the severall articles in that sense, as it is there expressed, and in particular those Disposals of the Palatine Electorate, there mentioned, they being such, as never came to their knowledge. Surely some, and amongst them the Elector of Branden­burg, cōsented with an expresse reservation, & ex­ceptiō, either generall salvo uniuscuius (que) iure, saving every mans right, or specialty as the same Elector hath done in this Palatine cause. And the rest are thought to have subscribed under the same secret condition: For this clause, Salvo iure tertii, though it be omitted, is alwayes notwithstanding concei­ved to be included in the writings. d. l ult. c. si con­traius vel utilitat. public. 1. si quando § ult. x. de rescrip­tis c. super eo. x. de crim. fals. For none of them would seeme so uniust and partiall, knowingly to confirme an uniust thing, and a nullitie, by their consent, and require, that he should be deprived of his right, whom they were perswaded, and knew to be an Innocent and much wronged. Nor is it sufficient, to say, that those Disposals were confirmed by the Princes of the Empire, unlesse that also it be openly shewed, that the confirma­tion was made with knowledge of the cause. For, this is necessary, saith Nicolaus Burgundus in his booke of the Bavarian Electorate, written in de­fense of Christophorus Gewoldus, fol. 284. that any one may be thrust out of his possession; nor doth a light, cursorie, and perfunctorie understanding of the cause suffice. A full and exact knowledge [Page] is required, allegat. Iason. ad l. iudices. n. 2. & 3. c. de iudic. Decius ad l. non videtur. § qui iussit. D. de. reg. juris. And this kind is not presupposed, but is to be prooved by lawfull witnesses, or ought to ap­peare out of the Acts, as the same Burgundus in the same place affirmeth, adding Panor. ad c. 2. n. 8. & 22. de sequest. posses. Alciat. de praesump regul. 2. praesum. 9. Menochius remed. recuper. 8. n. 26. & 27. & 15. n. 405. & lib. 2. praesumpt. 67. n. 12. 13. & praesumpt. 75 n. 22. l. judices. c. 6. de iudiciis desumpta ex codice Theo­dosian. lib. 2. c. 18. ibid. inprimis rei qualitatem plena inquistione discutere c. iudicantem. 31. quest. 8. I for­beare to prosecute, and bring to light the other Nullities, and acts of violence and injustice, com­mitted in framing those disposals, and the Cove­nants of Prague, for translation of the Electorate.

I shall here, only by way of imitation, transcribe some things making for this purpose, out of that book formerly quoted, which Nicolaus Burgundus, a Lawyer, Bavarian Advocate, and Professor in the Vniversity of Ingolstad, wrote concerning the Ba­varian Septemvirate, otherwise called the Apolo­gie for Christopher Gewoldus. For what was lawfull for him to speake and thinke, of the Decree of Charles the 4th. by which it is declared, and ordai­ned, That the Electorate should be annexed to the Countie Palatine of the Rhyne, and not belong to the Bavarians: That we may speake, and conclude more truly, and justly, of those new, clandestine, and irregular Decrees of Ferdinand the second, and the Treaty of Prague.

[Page]Wilt thou (saith he fol. 78) have this stand for the sentence of a Iudge? It can not be called so, where nothing is done orderly and legally. Ought not a Court to be called, and the case pleaded, be­fore sentence should be given? Here was no exa­mination, here was no controversie at all. The examination begins with the Citation, if the Ad­versary be not called, there is no examination: Where there hath been no examination, there is no sentence. Who ever warned Charles Lodowicke and His brethren to appeare in Law? It is appa­rent, they were not present, therefore the sentence fol. 79. is utterly voyd, because it was pronounced, the Adversaries being neither cited, nor heard, l. 2. & ibid. Bald. c. si. per vim. vel alio modo l. 1. 5. item cum ex edicto. D. de sentent. quae sine appellat rescind. And consequently, by that sentence, no man can be de­prived of his right. c. 1. defeud. sine culpa non amittend. Anchor. conf. 33. vol. 1.

Perhaps, you will say, It was lawfull for the Em­perour, ex officio, to enquire for the trueth: It is done usually in cases criminall, but not used in pri­vate businesses. And yet by such inquiry, he could not condemne the Palatines, without a lawfull Citation; because, an hurtfull testimony is not to be credited, the party not being heard, elem. Pastor. de rejudicat. Roman. consil. 245. Many things, indeed are required, before the absent can be condem­ned, and thrust from his possession. He is first to be impleaded at the Law, the Decree is to be pub­lished, and he to be declared contumacious: other­wise, [Page] by the Lawes, Customes, and Ordinances of our Ancestours, it is not rightly brought to sen­tence, though the Emperour himselfe adjudge it. d. elem. Pastoral. Abbas ad c. 1. de caus propriat & posses. Baldus ad l. ultim. de legib. If you shall speake of a Prerogative fol. 83. you ought to know, that the Emperour, with all his authority, cannot by his Prerogative, take away any mans proper right, without a just and publike cause. What was the just cause, that the Electorate should be violently plucked away from the Palatines? None. What was the publike cause? None. The whole ne­gotiation, tended particularly for the advance­ment of the Bavarians. The whole Scene was made and laid meerely for their advantage. What remaines therefore, but that we may call that prae­rogative a nullity, which doth tend to the injury of the Palatines; which contrary to the rule of the Law, doth snatch away the Palatines right, and thrust them from their possession? But you will say, fol. 94. the Emperour and the Electours, and the States of the Empire, have confirmed it. I grant it. But what is the power of a confirmation? If we beleeve those who are learned in the Law, it confirreth no new Title, but only strengtheneth that which is already given, Molinaeus ad consuet. Parisi. titulo. 1. §. 8. gloss. 1. n. 88. and implies withall, this condition, If the case be thus; Molinaeus loco [...] ­tat. Rebuff. tractat. de decim. 13. n. 90. 91. But sure­ly, you have no Charter, and therefore the confir­mation is vain, and frivolous. For where that which [Page] is confirmed, is nothing, there the confirmation is nothing also: for that which is of no validity, is accounted, as if it had not been done at all l. 1. § haec autem D. quod quisq. ius in alter. stat. And what is not, cannot be confirmed. Thus farre I have spo­ken in the words of Burgundus, save onely, that the name of the Palatines, is used in stead of the Ba­varians.

But, if it be lawfull for the Bavarians, to oppose the disposall of the Emperour Charles the 4th. for setling the Palatine Electorate, and the golden Bull, confirmed by all the Princes of the Empire, and by three ages observed, and established, and to account it as a nullity in that behalfe, and to say it was wrested, and gotten surreptitiously, and frau­dulently; and made by the Emperour, in two much favour of the Palatines, and hate of the Ba­varians, that he might oppresse them, under a shew of Law: Why may it not now be lawfull, for the Palatines, by the same ground, and reason, to re­fute, and call, by the name of a Nullity, that disposition of Ferdinand, concerning the granted Electorate, to the Bavarians, and those written Co­venants of Prague, confirming and allowing it, made, and patched up together out of hate against the Palatines, whose oppression, under colour, and pretence of Law, Caesar, and the Bavarian did en­deavour to hasten, that they might the more easily attaine to their owne ends?

Burgundus saies further of the Emperour Charles, fol. 63. that hee was in all things respective of the [Page] Palatines, and displeased with the Bavarians, and therefore having excluded these last, he gave, and adjudged the Electorate to the former; what won­der? for he joyned in Armes with Rupertus the Palatine, for the ruine of the Bavarians. Henricus Rebdorff in annal. and afterwards miserably spoy­led all Bavaria. When therefore hee would give way to his owne desire, while he sought to please his owne affection, foming with a most burning hatred against the Bavarians, he greedily snatcheth at that occasion, agreeing with his Genios, that hee might take vengeance of his enemies, and keepe them (unable to resist him) below the dig­nity of their Ancestours. And not much after fol. 72. these things being thus ordered, when the Electors were preposessed, when Rupert the Count Palatine, did flourish in most eminent grace, when the Bavarians were involved in the doubt­full hazard of warre; briefely, when all things were brought to that passe, that the Bavarians were accounted as enemies, and the Palatine stood as a favourite: Rupertus the Count Palatine, in the yeare 1356. in the Diet at Norinberg, obtai­ned a Charter of Letters patents, by which the Electours affirme the office of Arch-Sewer, and the Electorate, to be annexed to the Countie Pa­latine of the Rhine. Surely, nothing at that time was more easie to be obtained than that. Hee had the Emperour of his party, and the Emperour drew all the Electours unto his sentence; for they all subscribed, according to the forme which [Page] Charles had prescribed them. They had severally concluded, what they ought all joyntly to have questioned fol. 232. You were better not speake of Charles the 4^th and his Bull: we know, we know what he intended; and now all men know, that we know it. Hee sacrificed unto his wrath against all law and right, against the customes of our An­cestours; he endeavoured to conferre the Electo­rate upon the Palatines, whom hee loved most dearely, that he might snatch it from the Bava­rians, whom he hated most deadly. This is that he would have, this is that hee intended, and aymed at; and how he might attaine unto this end, hee summoned all his wits together. Speake now fol. 298. what, as much, and as eloquently as you can; yet this is our Iewell, which Otho the third set into Bavaria; by him we came into possession, and upon him we rest. Charles the fourth labou­red in vaine to take it thence, what ever he did, he could effect nothing. It stood secure, and im­moved above the top of power, the supreame hand of puissance could not reach thither, nothing was done lawfully, nothing orderly, nothing so­lemnely. It was no judiciary sentence, but vio­lence. He cast out the Bavarians by extreame in­jury; that, against all right he might bring in the Palatines. Your beginning is wicked, the procee­ding unjust, and to conclude, the whole possession vitious. Thus farre he.

But now, as before is done, place onely the Pala­tines, and the Palatinate for the Bavarians, and [Page] Bavaria; Maximilian Duke of Bavaria, for Ruper­tus; Ferdinand, for Charles: the dispositions of the Electorate, and the treaty of Prague, for the gol­den Bull; the Diet of Ratisbone, for that [...]t No­rimberg; you will say (the persons onely being changed) the same play is acted at this day, which is feigned by Burgundus, to have beene acted lnog since, and was first shewed upon the stage, by Christopherus Gewaldus, by an artificially contrived tale.

These were the first which stood up, as the chiefe patrons of the Bavarian cause, who have not feared to oppose, and accuse of falsitie, and nullity, the sacred, and for so many ages invio­late, authority of the golden Bull. But if it bee lawfull, for private men to vilefie, and make voide the most sacred decrees, the wisest ordinances, of our Ancestours the continuall custome obser­ved by so many Ages, allowed, confirmed, and sealed with the imprinted seales of the Empe­rours, and Electours: I will not say what confi­dence, but what hope of setling the state remaines? What can be safe, just, and inviolable in the com­mon society of men, in the succession, and posses­sion of dignities, and offices? woefull experience doth testifie, what miseries have attended this opposall of the golden Bull, and usurpation of the Palatine Electorate: In one word, deadly warre, cruell slaughter, horrid proscriptions, and the most to bee lamented, distraction of the whole Empire, the chiefe and principall cause of this [Page] continued, and renewed mortall warre, being, the snatching away of the Electorall dignity, which the most illustrious Electors, of Saxony, and Bran­denburg, foresaw immediately, and foretold from the beginni g: They affirmed, that the transla­tion of the Electorate, was not a meanes to stay the warre, but rather an occasion which might produce, and raise more bitternes of mind schisme and division among the Princes, and the universall distraction and desolation of the Empire; that therefore they thought it needfull, that the Count Palatine should be restored; that a secure and true peace might be setled, that by rigour there could bee no course taken for the safety of the Republique; which by that meanes was rather drawne into danger and invol­ved in a perpetuall warre. Againe, that they adiudged the translation of the Electorate, to be the principall cause of these troubles and warre; because the children of the Count Palatine, in regard of their knowne innocency, might by no meanes be excluded from their dignity, and dominions, those especially, who before the pretended cryme of the Fa­ther had obtained the priviledges atchieved by the provi­dence and covenant of their forefathers in the Electorall Palatinate Besides, that their neerest kinsmen of blood (to whom the right of atchivement did likewise appertaine, by the simultaneous Investiture) were wronged, and deprived of their right. The same most Illustrious Princes, have more then on e, and againe complained openly, that their good, peaceable counsels were not hearkned unto, but that those meanes were undertaken, which in deede were cau­ses of more stirs commotion and enmity; for experience it selfe plainely shewing that the state did still grow worse, in [Page] regard that those courses, (from which they had used all arguments of disswasion, as being the seeds of discord were neverthelesse preferred, and put into execution with all vehemency of spirit.

Besides, not onely both those Electours by their owne Ambassadours, but also the rest of their col­leagues, and the other Princes which were present at Ratisbone, in the yeare 1623, when Caesar was a­bout to have confirmed the Electorall dignity up­on the Bavarian, by a generall consent testified, that King Frederick was not the incendiary, and ar­chitect of the stirres in the Empire, themselves af­firming it, in these words. That the Count Palatine is a young Prince, who being seduced by others, knowes not how to advise himselfe: and againe, that hee was not the authour and beginner of those commotions in Bohemia, but that they had their beginning, and proceedings before he was ingaged therein.

But, it is much to be admired at, and lamented, (that I may not say it is worthy of blame, and re­proofe) that the Emperour, and Electours for so many yeares, and in so many sundry Parliaments, and in these two last kept at Ratisbone, in the yeares 1630, and 1636. neglected to hearken to the demands of the King of great Brittaine, and by the granted and decreed restitution of the Pa­latinate upon reasonable termes, to restore peace to the Empire, and their Countrey, so shaken with civill dissention, and warre. How can they excuse it before God and men, of this present and the en­suing ages? Had they not causes weighty, and ur­gent [Page] enough; to move them to preferre peace before warre, that those tumults being quieted, and some personages restored to their former estates and fortunes, they might settle themselves, and the whole Empire, in the tranquillity, safety, security, and honour? Ought not, both the present common calamities of the Christian Commonweale, and o­ther neere approaching, stirre and rouse them up? ought not the mournefull cryes, intermingled with teares, of their wasted, and desolate Country, move them, and pricke them forward, to an intimate com­miseration? They might have learned, by the events, and instructions of so many yeeres, that the safety, liberty, Honour, and quiet of the Commonweale, was contained in that restitution, and the Decree for forgetfulnesse: but contrarily, that by the expul­sion, and oppression, of the most Illustrious Electo­rall Palatine House; this woefull warre was not on­ly, not extenuated and abated, but grown more grie­vous, and raised to such a flame, that thereby all Ger­many is set on fire, and the neighbouring people and nations are scorched. What fruit hath this con­tinuation of the warre brought forth? What profit and power hath thereby accrued to the Common-weale, it is knowne to the world: and the Victories themselves, must needs confesse, what small profit they have gotten by their victories; to wit, that they were never the more secure, but have received more losse, and trouble; more ignominie, and ha­tred, than profit, praise, and authority. Nor is it to be doubted, but that greater mischiefes and incon­veniences [Page] may ensue, if they shall suffer these dis­cords, and raging warres, to abide in their strength but little longer. For it is not probable, that those princes who have bin disvested of their estates, dri­ven into exile, and brought to the point of dispaire, will ever be quiet, as long as they can expect any reliefe, or helpe elsewhere; nay, they will leave no stone unmoved, no meanes unassayed, but as it is in the proverbe, will move both Heaven and Hell; and to conclude, like the Serpents, whose head being bruised, doe last of all threaten with their taile; will leave no thing unattempted, wherby they may be inabled to returne into their Countrey, and re­cover their lost estates. And this certainely will bring with it most strange, and dangerous changes of state, minister fuell to a perpetuall warre, tor­ment and terrifie the Princes of the Empire with continuall feare, and at last, hasten the utter ruine, and destruction of the Commonweale.

Besides, the forraigners, which either would abate the puissance, and authority of the Caesarean Maje­stie, and the house of Austria, the foundations whereof are thought to be laid in Germany, seeke for profit in the rubbish of the Empire, or revenge private injuries, or endeavour a change of govern­ment, may alwayes have an occasion to pursue their designe, whilest under the shew of helpe, to which they will professe themselves bound, for the resti­tution of their banished friends, and allies, they may dispatch their owne intendments. It is to be feared also, least the Turkes using, and being moved with [Page] this occasion, rise up, and with their whole power before they have any losse, invade Germany alrea­dy shaken and much weakned, to the conquest whereof they have long time applied themselves, and yet attend the opportunity of the season.

All these, and other innumerable mischiefes might have long since been prevented, if all private quarrels, enmities, and factions set apart; the peace, and concord, and ancient consent, and harmonie of affections had bin reduced, and established amongst the Princes, and by a common, and publike accord, care had been taken, and provision made, for the safetie, and securitie of the Common-weale. And this surely had beene easily done, if those counsels, and remedies which availed to that purpose, and were in a readinesse, had been sooner taken, and ap­plied; of which, these two alone are thought the most convenient, and efficacious. First, if a generall, and universall amnestie of things past had been de­creed; secondly every one, (no man excluded out of this peace, and amnestie) who by warre, and the injury of times, was cast downe from his fortunes, and honours, had bin intirely restored to the estate, which he possessed before these stirres began. For this is most certaine; that there can bee no firme ground found out for a concord in Germany; that no peace, no leagues will endure long, which are not concluded with the consent, and will of all who are interessed therein, and with restitution and sa­tisfaction to the banished persons. The other con­ditions, if any be remaining to be agreed upon, and [Page] added would have passed without difficulty, or ex­ception. For, out of doubt, the strangers, who have engaged themselves in this warre; by this meanes, all pretence of the continuation thereof being taken from them, would willingly have refrained Armes, and entertained peace.

Againe, by restitution of the Palatinate, Charles Lodowicke the Electour being received into his for­mer degree, and dignitie; the Emperour and Ele­ctours might have gained this advantage, that they might have layd a farre stronger, surer, and setled foundation of an universall peace, than by the trea­tie of Prague; all hope being taken from their ene­mies of invading, and oppressing the Germane Common-wealth, and the other provinces (yet free) from the tyrannie of warre. And withall as they might have purchased a most glorious and happy peace, and security for the Roman-Germane Em­pire, themselves, their friends, allies, and people: so to conclude, might they have delivered the youth of Germany (by so many slaughters and miseries, redu­ced from so great a number, to such an admired, and unheard of scarsitie) from famine, mourning, sor­row, and griefe, by which as by a gentle fire they were daily wasted, and destroyed. Besides, it had beene no small honour to the Emperour and Ele­ctours, if they had replaced, and setled in their an­cient honours and possessions, the Princes Palatine, descended of such a Princely Race, joyned in con­sanguinitie with the principall families of the Kings and Princes of Europe, whose progenitours have [Page] so well deserved of the Empire, (for the greatnesse, glory, liberty, and safety whereof, they have beene ever most carefull constant defenders and abetters) for whom also so many Kings, and Princes, whom the restitution did concerne, had interceded and briefly, who might bee, an ornament and profit to the Empire.

By this action, they should not onely have firme­ly obliged the Palatines to them; and have found them ready and gratefull, in the returning of all lo­ving offices, and good affection; but, also prevailed with the most illustrious King of Great Britaine, that in testimony of his gratefull minde, out of his singular good affection to the Germane Common-weale, he would have consented, to have entred into covenants with his Imperiall Majestie, and the Princes of the Empire, as well for the settling of a generall peace (the groundworke thereof being first laid upon the restitution of the Palatinate) as for the maintaining thereof, against all that durst oppose it. How great an advantage, security, and glory might have accrewed to the Empire by the alliance, and defensive Armes of this most puissant King, the Emperour and the Electours might easi­ly judge, if they would have taken into their con­sideration the condition of their owne estates, the present times and calamities of the Countrey of Germany brought to the neerest step of ruine.

All this then being truth, you shall give me leave O yee men, Princes, Peeres, and free Denizons, that my speech may turne to you, before I come to [Page] a conclusion. I Intreat and beseech you, by the everliving God, by all things divine and humane, by the Ashes of your Ancestours, by the Genius of the Countrey, to consider in what estate your af­faires have been, and in what they now are, what miseries you have suffered already, and what doe yet surround, and hang over you, if you shall yet neglect to advise speedily for your owne safety [...]nd estates. Observe you not that by the fortune of strangers affecting soveraigntie, by their counsels, and supplies of money, the liberty, authority, for­tune, dignity, and glory are so shaken by these ci­vill warres, that it is in all probabilitie to be feared, least your selves being brought to povertie, and sla­very, shall be forced to live under a perpetual yoke. Whom can you blame for this, but your selves? If presently upon the beginning ye had seriously un­dertaken the cause of Fredericke (through whose sides ye were stricken) either to defend it, or to compound it: If with joynt courage, force, and counsell, you had opposed your selves to this co­vetous desire of soveraigntie, and the diligence used for the spoile of your liberty and religion, when it was in the birth or moving from the cradle; things had gone farre better with you, and you should have gained a good report, for valour, constancy, and piety; in place of the ignominy, blame cowar­dice and misery, which doe now attend you. But, with extreame shame, and dishonour, not without suspicion of betraying and forsaking your friends, you have suffered one, to be lost, and devoured af­ter [Page] another, thinking that their case did not at all concerne you. What? know you not that alwayes they whom cowardice and wicked subtiltie hath detained from Armes, to the end they might bee secured by other mens perils have suffered most severely? Rex Mithridates ad Regem Ansacem apud Salustium, lib. 6. Hist. you could have done no­thing, that could be more gratefull to your ene­mies, by nothing have they had greater advan­tage against you, then that you did not consult in common, that you did not joyne your forces, and Armes; and with one consent oppose this danger, which hung over all promiscuously; ther­fore, while each of you have fought singly, you have been overcome generally. Ex Tacito in vita Agricolae. Againe, either willingly you would, or have suffered your selves to be deluded, and sedu­ced with promises, and gifts; to be disjoyned, and severed each from other, to bee deceived, and corrupted with a false glosse of friendship or fa­vour. Have you not observed, that it is customa­ry with them which take up Armes with a desire of Soveraigntie, for the setling of their owne au­thoritie, and the subversion of religion and liber­ty, to give out, that they intend no offensive warre against all in generall, but against some in parti­cular, untill those being vanquished, whom first they fell upon, they may proceede by degrees against some others, and in the end against all. Iacobus Zevecotius in observatis politicis ad Suetonii [Page] Tranquilli Iulium Caesarem, cap. 35. Thus you have been deceived, and deluded with the false colours of their good affection, and grace, who have made warre for your destruction, and the ingrossing of your wealth (the onely end by them at first pro­pounded) which have fallen upon you singly, whilest you not thinking that you were the per­sons aimed at, have beene wanting both to your selves, and your Neighbours, ingaging them in a dangerous warre, and hastening your owne ruine. Fina ly, there have happened discords, schismes, dissension, division of counsels, hatred, both pub­like and private, caused, raised, and increased by difference of religion, and subtill suggestions of calumniators, envies, emulations, pride, presump­tion, false conceits, of your owne power, hope vainely placed, and ungrounded; of forraigne sup­plies, distrust, and malicious crafts in forbearing to succour your friends, unthankfulnesse, brea­king and voiding leagues, and covenants; and many other things of that nature, which were then, and are yet practised amongst you, and these reduced the Germane Commonweale (once the most flourishing state of the world) to mourning, desolation and extreame misery. And now (but too late) you finde and apprehend what manner of troubles surround you, with what chaines and fetters you are manacled, in what a Labyrinth, and prison you are inclosed. Could you be igno­rant, that they, who intended to lay a yoake of [Page] slavery upon a free Nation, cast out many false mists, and seeme rather to doe any thing, but what they doe, and so long pretend the preserva­tion of liberty, and the observation of ancient cu­stomes, till they have taken away all hope of their recovery, and abundantly assured themselves of the meanes to soveraignty? Iacobus Zevecotius in observatis politicis ad Suetonii Tranquilli Iulium Cae­sarem, ut supra citavimus. cap. 79 in sine.

Pardon me, I beseech you, you men, and Prin­ces, if you thinke I have spoken too freely, and boldly; Know, that I am also a Germane, and care­full of the Germane credit, honour, estimation, and libertie, that I am moved with the calamities of our countrey, and racked betwixt anger and sorrow because I see both it and you to perish so miserably; and so soone, and so dishonourably to lose all the repute, credite, dignitie, libertie, the Empire descended from our Ancestours, and their gotten glories, and become a prey, scorne, and contempt to strangers. To speake with the Oratour, Wee passe no day without teares, nor ever leave to bewaile our Countrey, and lament this alteration.