IT hath beene the constant custome a­mongst sundry Na­tions of the world, from the beginning thereof, to this pre­sent age; that in all hereditary kingdoms and principalities, the succession should de­scend upon the eldest Sonne, or the next males in blood to the deceased, without let or contradiction.

And as this Right of Birth and preroga­tive of nature is large and universall; so in especiall manner it hath beene confirmed, and observed most exactly in the Electorall [Page]houses of the Germane Empire: insomuch that many hundred yeeres agoe, when it see­med good to the preceding Emperors, Prin­ces, and Estates of the Empire, to found and erect the Colledge of Electors, as well for the setling of a good order, as for preventing of all divisions. They decreed by com­mon consent, and ripe deliberation, that the three Electorall houses of the Palatinate, Saxony and Brandenburgh should from thence forwards, and for ever after, have their certaine and unquestionable succes­sours in their Electorall Office; and Estates and Regalities thereunto annexed. Ordai­ning moreover, that whensoever any of the said Electors should depart this world, then his first borne Sonne and the male issue, or in default thereof, the next of thatAgnation is that Line in blood, which comprehen­deth all the Cousins or male-descen­dents on the Fathers side, [...]o in the Em­pire are only capable to suc­ceed in Electo­rall and prince­ly Houses. Agnati­on should be received, and acknowledged by all the States of the Empire, for true and law­full Electours. Or if perchance they were under yeeres, that then they should be repu­ted as Successors designed, and in due time invested by the Emperours raigning in the right of their successions. Which wise and [Page]wholesome Ordination, whereby the Em­pire had so long time been peaceably gover­ned, was againe in the yeere 1356 at the intervention of all the Electors, Princes and Estates, ratified and established for a funda­mentall Law of the Empire by the Golden So called from Bulla; the stampe or seale of gold, which was ap­pended to this imperiall Charter here mentioned; wherein was contained all the laws, forms and orders, of the Empire; both for choo­sing the Empe­rour as Head, and preserving the Estates as Members in their severall liberties, rites and lignities. Bull of Charles IV. then Emperour. In such sort, that all Constitutions of the Empire, andWhe [...] the E­lectours were agreed of the person, before they declare Him Emperour, they required an oath of Him, to maintaine the Lawes of the Empire, and preserve them, and the E­states thereof, in their severall Rights and Immunities. And this is called the Imperi­all Capitulation. Capitulations of the Emperour together with the mutuall bonds and unions betwixt Electors, which have since that time beene made and contracted, were laid and foun­ded upon this fundamentall Sanction; and whatsoever hath been contriued to the pre­judice thereof, held for illegall, and of no validity. The word of the Golden Bull, whereby the right of Birth and Succession is inviolably preserved in the Electorall Houses, follow in this forme.

Since therefore by the death of the most Illustrious Prince Fredericke V. Count Pala­tine of the Rhine, and Duke of Bavaria, and afterwards chosen King of Bohemia, Our most Honoured Lord and Father of happy memory, the office of High For more ho­nour to the Coronation, the foure tem­porall Electors doe the Empe­rour service for that Day: King of Bohemia giveth him Drinke, as Cupbearer: Electour Palatine setteth on the first Dish, as Sewer, which is called Truckcesse: The Electour Saxony carrieth the Sword, as Marshall: and Electour Brandenburg, beareth the Key, as Chamberlaine. Truck­cesse and Electourship of the Empire, toge­ther with all the Rights, Suffrage, Dignities, Regalities, Lands, People and Subjects [Page]thereon depending, are fallen unto Vs, and that by vertue of Our proper and acquired Birth-right of the Contract and providence of our Ancestours: of all Feodall lawes: of the first & So called from Simul together: be­cause when a Prince or Ele­ctour is inve­sted by the Emperour, it gathereth and includeth all the rest of his blood and Agnation, and entitleth them to the same Right of Suc­cession with himselfe; wher­by every one succedeth in his owne Right, and can neither foresee more than he hath, nor be preju­diced by the forfeiture of another. Simultaneous Investiture: of the Golden Bull: of Imperiall Charters: of fundamentall Lawes: ofBy these Co­venants, All those in every Electorall House, who appertaine to the male blood or Agnation, are bound to observe the foresaid order in their severall successions; which is established by the ancient and publike Constitutions of the Empire: namely, which descendeth upon the Eldest Sonne and so forward to the next male Cousin in blood by the Fa­thers side. Covenants made in our Electorall House: and of the Confir­mation of many foregoing Emperours, they are inseparably intailed upon us. And since Our dearely beloved Vnckle by Our Fathers side, the Duke of Simmern hath in conformity to the Golden Bull resigned as well the Tuition of Our Person, as Admi­nistration of Our Estates at the time pre­fixed: We having, as it became us, waited the time, and now by the grace of God, at­tained our full age, doe thinke Our selves bound in honour and conscience, to take upon Vs the Succession of Our Electorall Dignity, and all things thereunto belon­ging, [Page]as that whereunto God, Nature, and Our Right hath called Vs. To which pur­pose We doe now present our selves both to your Imperiall Majesty, (of whom We have in due forme demanded Our Investiture) as also to have all Kings, Electours, Princes, and Estates, in that Electorall quality, which belongeth to our Birth and Succession, ho­ping, that yee will not onely, receive and acknowledge Vs therein, but also assist and maintaine Vs in Our illitigable Right.

Here at our entrance, Wee can easily ima­gine, that the Ban against Our most honou­red Lord and Father, the execution of the same, together with the translation of Our Electourship (which is still detayned by force) may be cast into Our way by partiall and cold affected people: but We intreate them all to spare their judgements, and looke a little backwards upon the Protesta­tions, and just Defences, which have beene made both in publike writings, and assem­blies, there they shall finde the complaints of the temporall Electours against those un­just proceedings, and the nullities of the [Page]same, to be proved incurable. And if need-full it were to enlarge those deductions, which are already published to the world; We are to know, that our said Lord and Fa­ther, not long before his death caused his just Apologie to bee drawne in writing against those violent proceedings, with a purpose to have put it out, but that He feared, occa­sion might have beene taken from thence to have hindred some treaties and media­tions then a foote, since it hath beene sup­pressed by his untimely death, which other­wise had it seene the light, would question­lesse have imprinted better opinions in the minds of those, who have beene choked with blinde and sinister informations. For the present We referre the clearing of those matters to the publike bookes afore mentio­ned, and referre expressely to our selves the defence and vindication of Our most deare Lord and Fathers honour, by all lawfull waies, against false and calumnious impu­tations, hoping that no living soule can with reason blame this duty in a Christian and o­bedient sonne.

But in this passage, We cannot conceale the inwardnesse of Our griefe, to see the tran­slation of Our Electorall Rights not onely usurped by force of armes, but justified and confirmed by the late Treaty of peace made at Prague the 30 of May last, under this pain­ted pretext, as if forsooth the whole world, and in particular the Electorall Colledge as­sembled in the yeare 1627 had found and charged Our most deare Lord and Father, as chiefe Authour of all the broyles, happened first in Bohemia, and afterwards throughout the Empire: whereas the contrary was seri­ously represented, and avouched to the Em­perour by the whole Electorall Colledge and Diete at Ratisbone in the yeare 1623 the 30 of Ianuary, as appeareth by their joynt relation, as followeth:

This was at that time the opinion of the [Page]said Electours, which notwithstanding they strangely changed afterwards in the Diete at Mulhausen, though they had lesse cause than before.

Now it is Manifest enough, and might easily bee further cleared, with what zeale, and sincerity Our most honoured Lord and Father laboured to quench that fire, which others had kindled, and to obtaine the fa­vour and reconciliation of the Empe­rour together with his owne restitution; The many Treaties, offers, submissions, sa­tisfactions, cautions made by Our most ho­noured Lord and Father, together with the frequent Ambassages, Intercessions, Remon­strances of divers Kings, Potentates, Ele­ctours, Princes, and Estates in this behalfe, are so many witnesses of His paines and in­tegrity.

To passe over the friendly diligences, which Our most honoured Lord and Father used to still and appease the first ruptures of Bohemia, as also what Hee propounded to the Electour of Saxony, and Landgrave of Darmstatt after the battaile of Prague tou­ching [Page]His own reconciliation. We will one­ly produce the testimony of some Ambassa­ges in this place, which were sent to the Em­perour by the Kings and Allyes, & at the in­stance of Our most honoured Lord and Fa­ther.

The first was Anno 1621. when the Lords of Rantzow and Wintersheim were dispatched to Vienna from the King of Den­marke, reiterated againe Anno 1622. by the Lord Bogwisch of Haslow, seconded with the Letters and intercession of the Electour of Saxony. The second sort are those Am­bassages which were imployed to the Empe­rour by the late King of Great Britaine Our Grandfather of blessed memory; namely by the Earle of Carlile 1619. by Sir Henry Wot­ton 1620. by Sir Edward Conway 1621. and Sir Richard Weston in the same yeere, by the Lord Digby 1621. by the said Sir Richard Weston at Bruxells, besides all those Treaties in Spain and elsewhere, negotiated by His o­ther Ambassadors. The third sort are part­ly Letters sent to the Emperour by the said King of Great Britaine, before the translati­on [Page]of Our Electorall Dignity, under the date of 12. November, 1621. Wherein divers Conditions were propounded to the advan­tage of the House of Austria, and partly the conference at Colmar in Iuly 1627 with the Dukes of Lorraine and Wirttenberg; who were admitted as Interposers by the Empe­rour himselfe, together with our Offers, and Declarations, which were there made upon the foure Articles, propounded in the Empe­rors name by the Prince of Eggenberg. The fourth sort are those two solemne Ambassa­ges, which the King of Great Britaine our most Royall Vncle, sent by Sir Robert An­struther to the Emperour, and Electors as­sembled at Ratisbone 1630. and to Vienna to the Emperour apart 1631. And lastly We referre our selves to those diverse writings and letters, which Our most honoured Lord and Father sent abroad to Kings and Prin­ces: but especially to those two, which He wrote with his owne hand unto the Empe­rour. By all which (though barely recounted as passing by) it plainely appeareth, that Our most honoured Lord and Father omitted [Page]no possible meanes to seeke and sue for his reconcilement, preferring alwaies the pub­like peace before His private interest, and what He could not doe by himselfe or his Ministers, by reason of the Ban against Him, He laboured to effect by the mediation of great Kings and Princes His Allyes, ever willing to submit himselfe to reason; which doth not onely discharge Him of those wrongfull imputations, as though He by his practises, stubbornenesse and rejection of all equitable meanes had beene the chiefe cause of these miserable warres and ruines in the Empire, but also discover, that the fault is to be truely imputed to them, who disdainefully waving these many offers, instances, and intercessions of peace, have driven all things to extremities, to glut the covetousnesse and ambitions of their hearts.

But who will looke into the letters of his Imperiall Majesty, written with his owne hand the 14 & 15. of October 1621. to Don Balthazar of Zuniga one of the Councellers and Grandees of Spaine, shall [Page]there find other reasons, & indeed the true causes, which moved His Majesty to thinke it most necessary then, to transferre our Electorall Dignity upon the Duke of Bava­ria without delay. For after many conside­rations alledgd, which made him resolve never to restore Our said Lord and Father, He thus writeth.

In the postscript of the said Letter this motive was likewise added;

In another Letter of the Emperours, writ­ten to the King of Spaine, under the [...] of May 1622 are these words;

If any man would know the foule and the fayre of this pretended promise, and translation of the Electourship, how it was negotiated, contrived and agreed, by the suggestion of the Pope, and operation of certaine Monkes, as also how it was secretly carryed and concealed from the Colledge of Electours, who were afterwards assem­bled at Ratisbone, onely to approve the said translation, and to assist the solemne Inve­stiture with their presence, we shall send the Reader to the Publike Acts, and originall [Page]letters, out of which these things following, are extracted: First in the Emperours letter of his own hand to Don Balthazar de Zuniga bearing date 15 of October 1621. are these words.

In another letter written with the Em­perous owne hand to Hiacynthus a Capu­cin, bearing date 15 October 1621.

In the Emperours Resolution given in writing to the Popes Nuncio Fabritio Ve­rospo at Vienna, in February 1622 are these words:

The Count d'Ognate Spanish Ambassa­dour at Vienna, caused a memoriall to bee presented to the Pope by his brother Ambassadour then at Rome beginning thus:

The Cardinall Ludovisius wrote from Rome the 16 of Octob. 1621. to the Arch-bishop of Patras Popes Nuncio at Bruxels, to this purpose.

Caraffa the Popes Nuntio at Vienna wrote to the forenamed Arch-Bishop of Patras the 20 of October 1621 to Bruxels in this manner,Letters of Ca­raffa the Popes Nuntio about the Translation.

The said Nuncio writing to Fryar Hi­acynthus the 16 of October 1627 saith as fol­loweth,

Moreover in another letter of the same Nuntio to the said Capuchin of the 20 Octob. 1621 are these words:

It is also very remarkeable, what the Duke of Bavaria promised, under his hand and seale, in the treatie of Vlm, which Hee concluded by interposition of the French King, with the Protestants then united the 5 of Iuly 1620. where Hee assured them in the word of a Prince, and in the most valua­ble forme in law, \

And in the third Article of the said Treaty, where the Kingdome of Bohemia and incorporated provinces are excluded;

Which the said Duke of Bavaria did after­wards confirme, by his Letters, and not a­lone to Our most honoured Lord and Pa­ther; but also to the States of the upper Pala­tinate, even after Hee had accepted the Commission, against the Kingdome of Bohemia and Count. Mansfelt, as the words of notification sent from Strau­bing the 8 of September 1621 doe testifie:

All which agreeing with the Emperours promise made to my [Page]Lord Digby, for a suspension of Armes the beginning of September 1621. whereby He declared;

Our deare Lord and Father had little reason to mistrust any violence or ho­stility from the said Duke of Bavaria; who neverthelesse contrary to all the declarati­ons shortly after, executed a new and sharpe commission against the Countries, people and subiects of Our deare Lord and Father; & whilst a peace was treating both at Vien­na and Bruxels, He usurped the whole upper Palatinate, & part of the Nether with the E­lectorall Residence, pretending, that his for­mer Commission, was inforced by certaine new commandements from the Emperour, which it befitted not him to examine. And [Page]in his Letter to my Lord Digby from the Campe at Schartzenfield, 2. October 1621. Hee saith,

The Emperour also writing to the said Lord Digby from Vienna, the 12. October, 1621. maketh this answere. ‘That the Duke of Bavaria, being forced to march against the Count of Mansfelt, could not desist from [Page]that necessary expedition, nor allow the suspension of Armes propounded, both because his Army was levied at such great charges, and for that, Hee had the victory in his hand.’

Which contrary proceedings, seemed ve­ry strange, both to my Lord Digby, who was forced to see the upper Palatinate, lost under his eyes, and to the King of Great Brittaine his Master, as appeareth by their severall complaints. From Newburg the 5 of Octob. 1631. Thus my Lord Digby writeth to the Emperour:

‘Complaints of my Lord Digby to the Emperour.Vnder your Maiesties fa­vour, I hold this hostile inva­sion of the Duke of Bavaria in­to the Palatinate to be done a­gainst all right and reason, for­asmuch that I have beene of­tentimes [Page]informed, by your Maiesties Councellours, that the said Duke, neither had or­der from your Maiesty, to goe on with the execution of the Ban, nor should have any here­after.’ But most considerable are those Letters of King Iames His Master, before alleadged to the Emperour, dated from Roystone the 12. of November 1621. ‘Wherefore we cannot enough marvell,Complaints of King Iames to the Emperour. that at the same time, whiles we are treating a peace, and propounding saving Coun­cels, yea, and that quite con­arary to your owne answere, Our Sonne in law, should bee spoyled of his inheritance, and the upper Palatinate taken in [Page]by the Duke of Bavaria, at your commandement, and that upon new reasons, till now, un­heard of. Considering that in your said answer, given to Our Ambassadour, the execution of the Ban was suspended, in those parts, and no Armes to be resumed, without notice gi­ven to Vs, three moneths be­fore. All which notwithstan­ding, after the said answer, and by your expresse order, the greatest part of the nether Pa­latinate, was seized on, by the Spanish troopes, and all the rest indangered, if it had not beene timely prevented.’

After all these things, were thus secretly plotted, and compassed, much about the time, that my Lord Digby was soliciting the reconcilement, and restitution of our deare Lord and Father, and was filled with faire hopes, The Emperour called a Diet at Ratis­bone, where Himselfe was in presence toge­ther with the three Spirituall Electours, the Landgrave of Darmstatt, and Bishop of Saltzburg, and although both his Majesty, and Electour of Mentz in name of all the rest did seriously require the two temporall Electours of Saxonie and Brandenburg to repaire thither in person, yet they onely sent their Ambassadours with this excuse, that since they could not approve the execution of the Ban, nor translation of the Electorall Dignity, which was then resolved, they were afraid to assist in presence, lest they should bee forced to behold those things, against which they had voted, as hereafter we shall see more at large. At that time our Royall Grand-father, the King of Great Britaine, though much offended, that the [Page]treatie at Bruxells propounded by the Emperour was broken off under shew: ‘That affaires of so great impor­tance could be neither treated, nor decided without the Em­pire, and intervention of the Electours, and Estates;’ yet hearing of this Diet commanded my Lord Chiche­ster then in the Palatinate to repaire to Ra­tisbone; whither also my Lord Digby resi­ding at that time in the Emperours Court for the affaires of the Palatinate, also resorted, as to prepare the other Ambassadours way, But the King Our Grandfather being assu­red, that the Emperour was fully resolved actually to invest the Duke of Bavaria with the Electorall Dignity, and that the two temporall Electours upon that reason, ab­sented themselves, countermanded the said Lord Chichester, supposing, that his pre­sence there would not onely be fruitlesse, but also lyable to dishonour, in stead whereof [Page]Hee wrote to the King of Spaine, 22. Novemb. 1622. resenting this breach of promi­ses, and unjust proceedings in these words:

And notwithstanding that the Ambassa­dours of the two Electours, Saxonie and Brandenburg, laboured hard, in the said Di­et, to hinder the pretended Investiture, and directly opined against the proceedings of the hasty proscription, and rigorous executi­on of the same, as also against the translati­on Electorall, trailing with it many prejudi­ciall inconveniences; yet the Emperour ceased not to conferre with all solemnity the said Investiture; declaring and conditio­ning therein, as it appeareth by his finall resolution, taken upon the last advise of the said Electours, 23. Februar. 1623.

The same was confirmed by the Empe­rour in his letters, to our said Royall Grand­father, the King of Great Britany dated, from Ratisbone the 5. March, 1623. wherein are these words: ‘Letters of the Emperour confirming the same to King Iames.Concerning your Nephewes by your daughter, and those of the Palatines Ag­nation; as it was never in Our thoughts to prejudice the right of any, by this Our decla­ration; so it is our will, that a doore of grace and equitie bee alwaies left open to their pre­tended succession in the Ele­ctorall Dignitie.’

Here we will set aside, what passed from [Page]the first beginning, at Rome, betwixt the Pope and Cardinals, for advancing this in­jurious translation and Investiture; as also. What was promised by the Duke of Bava­ria, to the See of Rome, in acknowledge, ment of his due obligations, all to the dis­advantage of the honour and preeminence of the Empire. But soone after that the In­vestiture was dispatched, Our Electorate, Princedomes, Countries, people and Sub­jects, were in a manner strange and unusuall in the Empire, torne and shared into diuerse peeces. Our Princedome of the High Pa­latinate was conveyed hereditarily, to the Duke of Bavaria, for the redemption of the upper Austria, which was morgaged to him by the Emperour, for his charges in the warre. Afterwards, the Governments of the Low Palatinate, on the same side of the Rhine, were set unto him at sale, on a cer­taine price, as appeareth by the Briefes, inti­mated to Our Subjects. The most part of the Nether Palatinate, on the other side, was consigned into the hands of the King of [Page]Spaine by way of compensation, for the great costs, which he pretended in the war. The Government of Germershein fell to the Arch-Duke Leopald, Vtzberg and Vmstat to the Landgrave of Darmstat: The Berg­strat to the Bishop of Mentz, Barchstein and Weiden to the Duke of Newburg. And o­thers there were, who carried away peeces of our Inheritance, as if it had been a com­mon spoile. All which was flat contrary to the Golden Bull, to the fundamentall lawes of the Empire, to the Rights, Customes, Priviledges, and Investitures of former Em­perours, and to the promises of this. For the Golden Bull doth in many places clearely forbid the renting and dismembring of E­lectorall and feudall Countries. In the 24 Chapter, Lawes against dismembring the lands of Electours. thus it stands: ‘We therefore will and ordaine as a perpetuall law, that the High and Noble Princedomes, to wit, the King­dome of Bohemia, the County Palatine of the Rhine, the [Page]Dukedome of Sax. & the Mar­quisate of Brandenburg toge­ther withall their lands, limits, homages and Fees thereon de­pending shall in no wise bee se­vered or devided, but shall re­maine whole and entire for e­ver. And in the 20 chapter thus: We ordaine by this our Imperiall Act to endure for ever, that every one of the said Prince­domes, their severall Rights, Voyces, Offices, and Dignities Electorall with their appurte­nances shall inseparably re­maine ioyned and united. And a little after: Seeing therefore these bee things inseparable, they can neither be divided in [Page]themselves, nor by iudgment of any Court, neither shall any one bee heard, who soliciteth such a sentence: or if perchance any hearing, suite, or sentence; shall bee hereafter sought, or granted, by errours or other meanes, against this our pre­sent act, We declare the same, and whatsoever shall follow thereupon, to be nought in law, without worth and validity.’ By all which passages, every eye may see, where this translation, Investiture, sharing, dividing, bargaine and sale of our Estates Dignities, are to be lodged. But for all, that the Duke of Bavaria was thus invested, and put in Possession of the Electorall Dig­nity, Voyce, and Office; it cost both Him, and the Emperour himselfe much paines [Page]and labour, and that not without certaine Articles and conditions, before they could induce the two Electours of Saxony and Brandenburg, to receive him into their Session and society in the Colledge. To beginne which worke, the Duke of Ba­varia brake the yce, earnestly requesting the Electour of Mentz, then living, by letters dated at Ratisbone 4 of March 1623 to doe his best offices with the Duke of Saxony, de­claring reciprocally:

Whereupon the Electour of Ments be­ganne to deale with the Duke of Saxony, and many reasons to perswade Him, to ac­knowledge the Duke of Bavaria for Coe­lectour as appeareth by his letters from Ra­tisbone the 11 of March 1623. from Aschaf­fenburg 7 October 1623. Item the 3 Novemb. & 8 December of same yeare, as also from thence of the 13 February 1624. sent to the Electour of Brandenburg. More­over the Emperour himselfe pressed the said Electours by many messages, and exhorta­tations, wherein He used the Marquis Ernest of Anspach, and principally the Baron Hanniball of Dohna: yea, and to make the [Page]matter the more easie, the Electour of Mentz tooke a iourney to the Electour of Saxony, in person: Insomuch that after much writing, divers conferences, specious arguments, and faire promises, the businesse was so farre ad­vanced, that the Electour of Saxony was at last disposed to consent, yet with certaine limitations. And because the Electour of Brandenburg still withstood, the King of Poland deceased, was set upon him, who by letters dated at Warsow 26 April 1625. ex­horted him, not without some comminati­on to allow of the said society: And the Duke of Saxony had a meeting with him to the same end, for, so Hee writeth to the Emperour from Setzenvoda the 4 of November 1626.

‘That having often repeated unto the Marquis of Branden­burg the desire of his Imperi­all Maiesty, and his owne; and earnestly intreated him to tell [Page]him freely, whether He would acknowledge the Duke of Ba­varia in the forme prescribed: He found Him somewhat bet­ter disposed, than before; and hoped He had beene won, but Hee well perceived, that Hee would not so easily declare his resolution, unlesse His Maie­sty would bee pleased to sum­mon him once againe.’ Thereupon the Baron Hannibal of Dona was sent to the Electour of Brandenburg in Ianuary 1627. to induce him to allow of the said reception, as appeareth by his instruction dated at Vienna 26 of December, 1626.

The chiefe reasons, motives and promi­ses, whereby the said Electours were over­come are contained in the Letters of the Archbishop of Mentz deceased the 7 Octob. 1623. and especially of the 3 November of the [Page]yeare, to this purpose: ‘Letters of the Electour of Mentz perswa­ding the trans­lation. Whereas by experience of all times, the E­lectorall Colledge hath beene held as a foundation whereup­on the head, as well as the members, and so the whole bo­dy of the Empire doth rest, so long as there is a rupture in the Colledge, the Generall Estates cannot be united, and whiles they are in division, the trou­bles of the Empire can never be appeased. It is therefore ne­cessary before all things, to cure & unite the Colledge, and knit the Electours in mutuall concord and affection, for a time at least, if not for ever. To which end my opinion is, that [Page]the expedient, which his Impe­riall Majesty graciously ordai­ned at Ratisbone about the Pa­latine Electorate, be approved of us all, if not absolutely, at least with such restitutions, whereby both the Electorall houses of the Empire, and the next of the said Palatines Ag­nation bee fully secured from the apprehension of any preju­dice. To prevent which, if any were to be feared, I should hope that neither His Imperiall Majesty, nor if neede were, the Electour of Bavaria, would thinke it unfitting to graunt letters of Recognisance, there­by testifying, that the said [Page]Translation shall in no wise de­rogate, to the Feodall Rights of Princely or Electorall hou­ses, nor to the ordinances of the Golden Bull, nor yet to those, to whom after the outlawry of the Count Palatine, the said E­lectorall Dignity doth of Right belong, whose claime after the death of the Electour of Bavaria, shall remaine whole and inviolable. This would be the onely remedy to save all mens pretentions to uphold the Electorall preheminence, to heale the breaches of the Empire, to quench the fire of warre, and prevent the kindling of it by restlesse men.’ [Page]In another letter of the said Archbishop of Mentz to the Electour of Brand. the 13 Feb. 1624 hee averreth: ‘That the pre­sent subsistence of the Empire depended wholly upon the re­uniting of the Electorall Col­ledge, without which it was impossible to quiet the Em­pire.’ And in the Baron of Donas foresaid Instruction, it is alleaged: ‘That since a publike peace and union in the Empire is altogether hopelesse,The Emperors Instruction to the Baron of Dona sent to the Electour of Brandenburg about the Translation. without it bee first redintegrated in the Colledge; ye shall therfore in Our name, require the Electour of Bran­denburg, not to separate him­selfe any longer from the rest of his fellowes, nor to make a [Page]rent in the most supreame and secret Councell of the Roman Emperour, thereby to foment the combustions of the Em­pire, which can onely be asswa­ged by the joynt Councell and concurrence of the Electorall Body. But yee shall let Him known, that by acknowledging, and receiving the Duke of Ba­varia for a Coelectour in the Colledge, Hee shall shew his zeale, and affection (accor­ding to the confidence we have conceived of Him,) not onely to uphold our Imperiall great­nesse, but also to conserve the sacred Empire in the Bond of peace and the rather, because [Page]by this meanes the amiable times of meetings and assem­blies, will againe bee restored both in the Colledge of Elect­ours, and in publike Imperi­all Diets, to his immortal praise and honour, having contribu­ted so much, to the long desired weale, and tranquillity of the Empire.’

These were the most pregnant Argu­ments, then alleaged, to the said Electours of Saxony and Brandenburg. Since which time, common experience hath manifested to the world, whether by translating of the Electorate, or introducing the Duke of Ba­varia into the Colledge, the peace so much pretended, hath beene sought, or established, or els instead thereof infinite hatreds, mis­chiefes, miseries, and bloudy desolations, have not beene raised to the ruine and extir­pation [Page]of the Empire. That all men may therefore know, with what zeale and soli­dity, the said Electours of Saxony and Bran­denburg opposed, from the first beginning, both the Ban published without their know­ledge, or assent, and also the translation grounded thereupon; as likewise with what limits and reservations they received the Duke of Bavaria into the Electorall Fellow­ship; We will first produce the suffrages, of their Ambassadours, at the Diet of Ratisbone 1623, uppon the points of Proscription and Translation, as they were presented to the Emperour, and recorded in the Chancery of the Electour of Mentz 18 of Feb. 1623. Thus ranne the suffrage of the Saxonians: ‘Suffrage of the Saxons, in the Diet of Ratisbone against the Translations.Concerning the proceedings of the Ban, and execution therein decreed, against the Count Pa­latine; the Electour of Saxonies Highnesse leaveth that apart, as a thing done against his Coun­cell, [Page]and without due forme of proceeding. Forasmuch as the matter being of such impor­tance touching a member of the Electorall Colledge, and draw­ing with it the destruction of the Empire, the votes and ad­vice of the whole Colledge should first have beene requi­red according to the forme of Capitulations, in that case pro­viding; That no Prince or E­lectour should bee outlawed without a legall hearing and just forme of proceeding, and who will looke unto the ex­amples of Magdeburg and Go­tha, no more but Townes, which were proscribed in Im­periall [Page]Diets, held at Augspurg under the Emperour Charles V. Ferdinand I. Maximillian II. in the yeares 1551. 1554. 1566. shall finde, that former Emperours were wont to use such tēperate Circumspection, that they first demanded the Councell not onely of the Electours and Princes, but of the whole Em­pire, before they proclaimed the Ban, or commanded execu­tion. Concerning the Translati­on of the Electorate, his High­nesse doth verily thinke that instead of being a meanes to established a publike peace, for which end, this Dyet was as­sembled, it may prove a cause [Page]of greater division, and a fire-brand of warre, to consume the Empire. Therefore Hedeemeth the restitution of the Palatine (though upon due terms of sub­mission) to be above all things necessary to obtaine this set­led peace; for the purchasing whereof, more regard should be had to the publike, than to any other consideration. This being certaine, that the Em­pire can never bee quieted by rigour and extremity, but will rather bee forced to keepe in armes, and exposed to daily danger. Moreover, this Tran­slation, although it concerneth a member of the Electorall [Page]Colledge, and bee the most weighty businesse, can fall out in the Empire; yet it hath beene done, without their knowledge, and even in this as­sembly, onely intimated unto them, as a thing concluded, without ever asking their ad­vice, or approbation: A course never taken before this day. For albeit the examples of this kinde, are so few, that onely one is found; where the Electour­ship was translated for delin­quency; yet wee may therein observe another kind of pro­ceeding. The case happened, in the time of Charles the fift, and in the person of Frederick Ele­ctour [Page]of Saxony, who renouncing his homage, and obligation to the Emperour, his Electour­ship was promised and assigned to Duke Maurice in the Camp of Suntham, the 27. October. 1546. where the formall words de­clare, that the said promise was made by due course, counsell and deliberation of the chiefe States of the Empire. The 19. May in the Campe at Wit­tenberg 1547. the said Duke Fredericke renounced the Ele­ctourship, and the 21. May pas­sed a particular Act thereof, with Obligation. The 4. of Iune, of the said yeere, the Electour­ship, and Office of high Mar­shall, [Page]with all the appurtenan­ces, was transferred upon Duke Maurice in presence of the Em­perour, Electours, Princes, and forraine Nations, with power to make use of the Right and Title thereunto belonging. The 24. February 1548. the said Duke Maurice, was solemnely inve­sted at Ausburg, under the Skie, and received into the Fellowship and Session of the Colledge, by all the Electours, who by a speciall Act, testified, that all was done, by their knowledge and approbation: by all which circumstances, it appeareth, that the promise of the Translation, and the Investi­ture, of the said Electorate, was [Page]publikly done, in the presence, & by allowance of all the Ele­ctours. Besides that, it may fur­ther appeare, how that by this Translation, the publike peace, whereat it aimeth, cannot bee attained. His Highnesse doth professe, that although the ut­termost extremities should be used, yet neither the children of the Count Palatine, nor His Brother, and the rest of that Agnation, cannot legally bee excluded, in regard of their in­nocency, from their claime and recover of the said Electo­rall Lands, & Dignities; and to shew, that they have no mind to be deprived of their Right so long acquired to their [Page]House, the instances of the said Brother, of the Duke of New­burg, and of the other Pala­tines, by their Ambassadours here present, made to the Em­perours Majesty, and the Ele­ctorall Colledge, do sufficient­ly testifie. For this kind of In­vestiture, called in the Empire simultaneous, is of another na­ture and condition, then the custome of common Fees, be­ing purchased and received in every mans proper Right, by taking an oath, and touching of a sword, whereof no man therein comprehended, can be further deprived, then for himselfe, and for his owne of­fence: [Page]which truth is cleare­ly exemplified in the person, of the Duke Mauritius, a forena­med: for although the Elector, Duke Fredericke, was lawfully deposed, and His brother Duke Ernest, excluded by the Ban for their owne offences; yet that tainted not the Duke Mauritius, who after them was the next of blood, & by that Right, succeeded: for it had not beene necessary to have deprived Duke Ernest the bro­ther by Ban, if a third party innocent, could have forfeited his Right by the crime of ano­ther: In Summe. Poenae debent tenere suos Authores; being a thing [Page]unjust, to take from any man, his inherent Right, who by no fault of his owne had unrigh­ted himselfe. This Law there­fore, so long rooted, in the hou­ses of Electors; and temporall Princes, cannot bee dissolved without infinite prejudice, to them all; who for the crime of any one man, might be expo­sed, to the uncertainty of their claimes and tenures, and dis­appointed of their naturall Rights and Successions, al­though they were inculpable; w^ch is a thing unfit to be coun­celled, and unanswerable to posterity.’ In another suffrage, of the said Saxonian Ambassadours, this is added. ‘[Page]The reasons alledged by His Highnesse, the Electour of of Saxe, upon the point of pro­scription, are founded upon the groundary Lawes, where­upon the wellfare of the Em­pire reposeth, and which are left as certaine, stable, and im­mutable rules: from whence the Arguments, which are likewise drawne, are confir­med with examples; which plainely shew, what great wa­rinesse the Emperours, Charles the V. Ferdinand the I. and Max­imilian II. deceased, used in pub­lication of a Ban.’

Suffrage of the Brandēburgers against the same.The Ambassadours of the Electour of Brandenburg opined in this manner;

In the answere, which the Electours and Princes, assembled at Ratisbone, together with the Ambassadours of such as were ab­sent, made unto the Emperours Propositi­on, exhibited to them, the 30 of Ianuary 1623. This was represented in the name of the two Electors, of Saxe and Brandenburg. ‘Answeres made to the Emperour touching the Translation.That, not to speak of the Count Palatines defence, these things ought to be duely considered, in the point of the Translation. First, whether those of His children, who before His Out­lawry, were included, by the providence of their Ancestors, in the Electorall Right and Succession, can afterwards bee excluded. Next, whether His Brother, guiltlesse of any transgression, who neither [Page]hath, nor could, by reason of his nonage, offend the Empe­rour? or whether the kindred, and next of His Agnation, that not onely testified their inno­cency, but likewise their ser­vice, and fidelity, to His Ma­jesty in these occasions, can be justly debarred from their pre­tentions.’

It was further represented, in the report of the Electours, and Princes, made upon cer­taine points, of the Emperours Proposition, the 15. February of the said yeere: ‘The Suffrages sufficiently decla­red, what the opinion was, of the two Electours, of Saxe and Brandenburg, about the point of Translation. And albeit, [Page]these words (Without ought pre­scribing.) were inserted in the last relation, yet their High­nesses have thought good, to re­tract them, forasmuch as the said words cannot stand with the Capitulation, by which His Majesty is so farre, and for­mally bound, that this matter cannot be left to the freedome of His will. For it is expresly ordained, That no businesse of importance should passe, with­out the knowledge, and appro­bation of the Electours; and that no Estate of the Empire, should be Outlawed, without a due and formall hearing; Which Capitulation, being a [Page]fundamentall, and unrepealed law, in the Empire, ought no more to be brought in questi­on; but rather obeyed, than di­sputed. And because their Dignities, as Electours tempo­rall, descended to their posteri­ty by inheritance; They tooke themselves, to have the greater interest, and so the more obli­ged, to preserve the said Au­thority.’

Furthermore, to confirme the votes afore­said, the Electour of Saxe wrote to the Arch­bishop of Mentz, during the said Diet, 23 February 1623. to this purpose:

Now it remaineth to set downe, with what forme, limits, and reservations the [Page]two Electours of Saxe and Brandenburg, did at last acknowledge, and receive the Duke of Bavaria. The Electour of Saxe writing to the Arch-bishop of Mentz, from Dresden, the 1. of March, 1634. declareth himselfe in these tearmes:

The Electour of Brandenburg, in his an­swere given the Baron Hannibal of Dona, dated at Coningsberg 22 May 1627. thus de­clareth;

Wee are not ignorant, that neere, twenty yeeres agoe, and now afresh, since the Tran­slation of our Electorate, certaine rumours have been spread abroad, especially, in the Courts of forraine Princes; as if the Electo­rall Dignity, had of old, beene an exed to the House of Bavaria, and not of the Palati­nate, and that heretofore, Contracts of alternation, had beene made and ob­served, betweene both Houses, that they should enjoy the Dignity, by turnes: All which, hath beene forged to this end; that it should not seeme strange, that the Session, and vote Electorall, which had been so long neglected, by the Predecessours of the Duke of Bavaria, should be restored by his indu­stry, and returne to the proper house: Not to enter into the debatement or this Cause, which is a digression from the purpose; nor to repeate that, which persons of quality [Page]have published, to refute this vaine preten­tion; we will wholly referre our selves to the Golden Bull, as to that supreame and fundamentall law, which can onely deter­mine this cause; whereby it will appeare, whether the Electorate, belong to the Ba­varian or Palatine Line; and what is to bee judged of the pretended part of alternation, In the 7. Title, thus we finde it:

‘Law for entai­ling the Ele­ctourship, up­on the Palati­nate, and not on Bavaria.Since therefore, it is com­monly knowne, to almost the whole world, that the King of Bohemia, Count Palatine of the Rhine, Duke of Saxe, Mar­quis of Brandenburg; have by reason of their Kingdome, and Principalities, the Right, Suf­frage, and Session, to chuse, with the Ecclesiasticall Electours, a King of the Romanes, and in­stall [Page]him Emperour: And that they are therefore established, as true Electours of the Em­pire, with authority to make Elections, &c.’ And in the begin­ning of the 20. Title; ‘Whereas, all and every one of the said Princedomes (by vertue whereof the Temporall Ele­ctours have full power, right and suffrage, to elect the King of the Romanes, and make him Emperour) together with their rights, functions, dignities, and appurtenances are so straightly knit and united, &c.’

By another Edict of the Emperour Charles the 4. who enacted the Golden Bull, [Page]the same was confirmed Anno 1356 in these words: ‘That the right of Electi­on, was annexed and founded upon the County Palatine; his Imperiall Majesty, and all the other Princes, had certaine knowledge, and no doubt was to be made thereof.’ And a little lower: ‘For as much as we firme­ly know, that the voice and Power Elective are founded with such right in the lands of the County Palatine, and office of high Truckcesse, that the one cannot subsist without the other.’ To this may be added, That the Count Palatine, by reason of the Palatinate, and not of the Dutchy of Bavaria is, provi­sionally, the Vicar of the Empire, as the Gol­den [Page]Bull clearely ordaineth in the 5 title. ‘As often as the Empire shall fall in vacancy, the most Illu­strious Count Palatine of the Rhine (by vertue of the Electorate and Princedome Palatine) shall administer the affaires thereof in place of King of the Ro­manes, over all the Countries of the Rhine, Suevia and Franconia.’

True it is, that Ludo vicus, the Bavarian Emperour, having banished and disposses­sed his elder brother, Rodolph, Electour Pa­latine, because He had given his voyce and assistance to Frederick the faire, Arch-Duke of Austria, against himselfe, he laboured to impose upon the children of the said Ro­dolph, restored after his death, such a cove­nant of alternation: but as it was attempted without right or reason, so it never had ef­fect: [Page]for the Bavarian Line cannot produce one sole example, that ever executed ele­ctive power; and all their pretentions were fully rejected, and nullified by the Golden Bull; whereas in the Palatine House, the said Right and Dignitie, hath remained, without any interruption, having for the space of three hundred and odde yeeres, as­sisted as Electours and high Truckcesse at the Elections and Coronations of thirteene Romane Emperours one after another.

And here the occasion offereth it selfe, to remember without boasting, the merits of our Predecessours and Palatine House, not onely in the Empire, and all Christendome; but especially towards the House of Austria; which hath beene oftner exalted to the Im­periall power, and great nesse by our Ance­stours than any other, though many times, to their owne disadvantage. The example of Rupert Count Palatine King of the Ro­manes, showeth with what zeale and cou­rage, He governed the Empire, and pacified the trouble thereof: Philip and Frederick II. [Page]Anno 1530. valiantly defended the City of Vienna against the Turkes, neither sparing their Estates, nor their lifes. Particularly, the said Frederick did diverse great and use­full services to Charles V. and his brother Ludovicus was the chiefe cause, that anno 1531. Ferdinand the first was elected Em­perour at Colen, notwithstanding, that Iohn Electour of Saxe, protested against it for his sonne. Rodolph of Haburg might next to God, thanke Lodowick, Electour Palatine, by whose meanes Hee was made Emperour, who was the first that beganne to advance his house, and transmit the Dutchy of Au­stria to his posteritie. The same Lodowicke stood alone, against Adolph Count of Nas­saw, who by all the rest was chosen Empe­rour, and mightily laboured, to bring in Albert of Austria, sonne of Rodolph. Rodolph Electour Palatine chuse Fredericke, Duke of Austria, Emperour, against Lodowick of Bavaria, his owne brother, which cost Him as is said, his Dignities and Estate. And it is well knowne, that the late Emperours [Page] Maximilian the I. Charles V. Ferdinand I. Maximilian II. Rodolph II. and Matthias have received no small assistance, and good offices, from the Electours Palatines our Pre­decessours, to attaine the Crowne. Here also may not bee forgotten, how true and sin­cerely, Our most honoured Lord and Father, dealt with the present Duke of Bavaria: not onely visiting Him in person at Munchen, Anno 1618 using all free communication with Him, but also, not long before His journey into Bohemia, recommending to his trust his Countries and Estates, as to one in whom hee had most confidence; who also at that time, promised all kind of good neighbourhood, and to doe no displeasure, as appeareth by their mutuall letters. But especially, when Our said Lord and Father, to make him feele his intire affection, gave him his Electorall voyce to be King of the Ro­manes, Anno 1619. in these words: ‘Having ever in Our heart de­sired to see Right and Iustice [Page]duely administred in the Em­pire, all disorders and oppres­sions removed, and the causes of forraigne warre prevented, We have among all the Po­tentates, Electours, and Prin­ces, fixed our thoughts upon the Duke of Bavaria, as upon a Prince, wise, peacefull, full of experience, governing His owne Estates in quiet, and not engaged in any warre; which We propound, not out of dis­affection to any of the forena­med, much lesse to the House of Austria, which hath often felt and found the good offices of our Electorall House; but only as we conceive the course [Page]of the present affaires, and that according to Our oath, And therefore, in the Name of God, We give Our voyce, to the said Duke of Bavaria.’

All which, being in it selfe, cleere as the day; we cannot, but thinke it very strange, that, without taking notice, of the aforesaid demonstrations, the proceedings against our deare Lord and Father, our Selfe, Brethren, Blood, and Agnation, have beene carried with such rigour, and animosity; taking from Vs, without all forme of justice, what God, Our birth and Right hath given Vs. But that, which grieveth Vs most of all, is, That not contented, with those exorbitant, and dangerous innovations, the pretended Translation, of Our Electorall Voyce, Place, and Function, with all that thereon depen­deth; hath againe beene ratified, and confir­med upon the descendents of the Duke of Bavaria, and his brothers, and upon the [Page]whole Line of Duke William their father, de­ceased. Notwithstanding, that it was gran­ted to the said Duke, for the terme of his life, as the Electours of Saxe and Brandenburg were assured, who gave their assent for no longer time. By which violent, and perem­ptory proceedings, that, which at first, was but oppression; and might have vanished with time, will now put on the face of Law, and be made perpetuall. Whereby, We, Our brethren, blood, and Agnation, may be, for ever, deprived, in Our spotlesse innocence, of all the ancient, and inherent Rights of Succession, Reversion, and simultancous In­vestiture, inseparable from Our House; And that without all bounds of Iustice, or forme of Law; unaccused, unheard without the knowledge, and assent of the Electoral Col­ledge; and to the infinite prejudice of all Electorall, and Princely Houses, who may reade their owne story in Our Oppression.

Indeed, our most honoured Lord and Father, was in His life time advertised; that the perpetuation of Our Electorate, in the [Page] Line of Duke William, had beene long agoe projected, and more specially, in the late E­lectorall Diet at Ratisbone. Wee have also heard; That, hereditarily, an Investiture was promised, under Seale, to the Duke of Bava­ria; and that to dispose, the Electours, of Saxe and Brandenburg, the more easily to con­sent; the peaceable enioying of the Ecclesia­sticall goods, would be granted to them, for fourty yeeres. But these things, being so directly contrary, to the former assurances; to the declarations of His Imperiall Maiesty; to the protestations of the two temporall E­lectours; to the reversalls of the Duke of Ba­varia; to the Golden Bull; to the fundamen­tall Lawes, and to all Right and equity; Wee did forbeare, along time, to give any cre­dence to them: Till in the last Treaty of Prague, betweene the Emperour, and the E­lectour of Saxe; We finde, the Translation of Our Electorall Dignity, with all the depen­dances, to bee setled, and entailed, upon the Line of Duke William; for ever; and to be re­ceived, and approved, by the two said Parties [Page]Treating, as an Article of Peace, and a Case cleerely decided.

Since therefore as well the Electorall claime, belonging by Covenant to our House, as the naturall and lawfull possessi­on of our Estates, and Regalities are deli­vered by our Ancestours, and devolved up­on us, as the first in blood, no earth by pow­er whatsoever, can call them into question, or deprive us, our brethren, or Agnation of our right, and much lesse transferre it to any other, without rearing it out of the faith full custodie of ancient Covenants, stable lawes, and venerable customes, and obtruding forraigne plots and innovations, and making an irreparable rent in the frame and bodie of the sacred Empire.

Had wee, our brethren or blood beene [Page]as guiltie of crime, as we are laded with pu­nishments, yet if any respect had beene showne to the ordinances of the Empire, to the Capitulations of Emperours, or to the grave and solid remonstrances of the two foresaid Electours, wee should at least have beene tryed by the law; but since the proceedings against us, in our tender inno­cence, hath been no lesse extreme and ri­gorous, than if we were the most obstinate enemies of the Empire, and highest delin­quents against His Imperiall Majestie, wee doubt not, but God, in whom we trust, and who is Iudge of all, will doe us right, and when he pleaseth, pronounce his sentence, according to the justice and equitle of our cause: In the meane time, we hope, that all Kings, Potentates, Electours, Princes, E­states and Persons whatsoever, that free from partialitie, and voide of passion, shall examine these violent and precipitious pro­ceedings, by our blamelesse innocence, will not only be touched, with a sense and com­passion of our case, but will esteemethem [Page]all as vicious, and unjust, and of no force to prejudice our Rights, unto which God and nature, the consent and sanction of the whole Empire hath entitle us. And that the rather, both because nothing to this day hath beene, nor can be laid, to the charge of us, or our brethren, as criminall, against the Estates and lawes of the Empire, or his Im­periall Majestie, as for that, the seysure of our prerogatives, the detention of our Estates, the translation of our Dignity, and the present perpetuation of all, like so many linkes of usurpation, were contrived and compassed in the time of our nonage, whereby wee could not sooner protest, nor oppose, nor vindicate our Rights, nor cuter into the government of our affaires, till now that we have attained our Majority. Heere wee may note, that if the two Electours, of Saxe and Brand enburg, judged at the first, that the translation of our Electourship, though but for a time, and restrained onely to the person, and life of the Duke of Bayaria, would not withstanding be injurious to the [Page]preheminence of the Colledgre Electorall, and to all temporall Princes, as depriving innocents of their inherent, and simultane­ous Right, invested in their blood, and plan­ted in their Stocke against all the lawes, Rights, formes, and customes of the Em­pire, and would therefore in stead of peace, be a cause (as the events have shewne) of further exasperations, and of cruell warres, which might waste the Empire. How then can they but resent this present Act, where­by, without suit and try all, Wee were com­demned in Our minority, when wee were nei­ther indited, nor could bee guilty of any crime, and Our Estates and Royalties translated from Vs, our brethren and Agnation, to the Line of Duke William, farre removed, and that for ever. And what else can they judge of it, but as of an attempt and conspiration ne­ver heard of, not onely to fill the Empire with mistrusts, factions, hatreds, and utter desperations, but likewise to outrage the fa­bricke of the State, and undermine the very foundations, that upon the rubbage and sla­very [Page]of the same, might bee raised a new and absolute Domination.

As long therefore as the Electorall Col­ledge, shall be reputed the foundation of the Empire, and the Golden Bull, the Imperiall Capitulation, and the Constitutions of State, for inviolable lawes, whereby the whole body should be governed, and knit together, so long can neither Wee, Our Bre­thren, nor Agnation (altogether innocent and inculpable) be deprived of Our Estares and Dignities without manifest rupture of all Right, and open violation of' humane peace and societie. Neither is it sufficient to alleadge, the successe of armes, and victories gotten in the field, for a proofe and testi­mony of the justice of their cause, for then the condition of Christians, and truth of the Religion we professe, would be much worse than Turkes and Mahumetans: And if any thinke, that their designes bee so smoothly carried, and their strength so great, that they may dissolve, change, and dispose of all things, as they lift, without the feare of any [Page]forraigne opposition, let them know, that there is no Councell against God, nor might against his providence, which hath boun­ded the thoughts of men, and set a period upon their power; and albeit they may sur­mount humane vengeance, and outward force, yet great oppressions never want an inward worme, to gnaw downe the pillars of pride, and lay them in the dust, even as it shall please him, who raiseth and disposeth Princes and transporteth Kingdomes for unrighteousnesse.

Let every one therefore in his owne im­partiall judgment consider from the pub­like Acts and authenticall letters of his Im­periall Majesty, from the suffrages and other documents of the Electours and Princes temporall, from the infinite and untolera­ble wrongs, disgraces, and oppressions of our House, whether we have not just cause to publish our Complaints against these un­just proceedings, and to protest against them before God and the world. And there­fore wee doe by this present and publike [Page]Manifest in the best and most solemne forme, according to all Right and custome withstand and protest against them, and eve­ry one of them, leaving this our Protestation, as a perpetuall witnesse of the outward in­juries done against our Right to this Age, and all posterity.

And as wee are thus forced to protest a­gainst our wrongs, so we doe freely professe in the sight of God, and upon our Consci­ence, that whatsoever hath been recited, al­ledged, urged, or proved in this Manifest, is onely for the defence and evidence of our just cause, and for the maintenance of our proper and inherent Rights, devolved to us from our Ancestours, and not any way to blacke, or despite, or offend any living soule of what condition soever.

These Asseverations being done, wee make our recourse unto Your Imperiall Majesty, to all Kings, Electours, Princes and Estates, as to the Dispencers of Iustice, Pro­tectours of Innocence, and Guardians of op­pressed Orphans here below. We appeale [Page] â Caesare male informato, praeoccupato & irato, ad Caesarem, Electores & ordines Imperii, tan quam Pares Curiae, melius informandos, & affe­ctibus vaeuos, and humbly beseech your Imperiall Majesty, That if Our innocence will not move you, yee would bee moved with your selfe, and call to mind, your owne finall resolution, which ye gave to the Ele­ctours and Princes, at the Diet at Ratisbone, the 23 February 1623. Wherein, yee were pleased, to promise, and declare; ‘That ye never intended, neither was it your will, by any Act, which was passed in the Palatine Cause, to crosse, or prejudice the preeminence of Electours; nor your owne Capitulation; nor the Golden Bull; nor Constitutions of the Empire; nor, for that businesse, to take, or intrench, from any, the [Page]Right, and due, which to any belonged.’ By vertue of this, your Im­periall Declaration, confirmed since, to di­vers Princes, within and without the Em­pire; as also, for those many instances, and mediations, made in Our behalfe, We again beseech your Majesty, to restore Vs to Our Rights; to Invest Vs in Our Electorship, and Estates; and to protect Vs in the same, as a most faithfull, and eminent member of the Empire; not suffering any hands, to with­hold Our Right, nor trouble Vs, in the law­full possession of that, which God and Na­ture hath appointed Vs: Whereby, yee shall imitate, the best examples of your Predeces­sours; who, upon better informations and advice, have left the wayes of rigour, for the wayes of peace: And so, ye shall use that high power, committed to your trust, to still the present stormes, to repaire the breaches, heale the fractions, and wounds of your owne members; and to establish the Em­pire, in peace and unity, which is now falling to desolation.

And that our owne requests may bee the better seconded, wee intreat all Kings, Ele­ctours, Princes, and Estates, that they would employ their Power, and send their exhortations, as in all places, where they shal thinke it availeable, so especially with His Imperiall Majestie, and the Duke of Bava­ria, to the end, that being put into the peace­able possession of our proper Rights, and Electorall and Ancient House, which hath produced Kings and Emperours, and done such services both to the Austrian and Bava­rian House, and stood so long a prop and pillar of the Empire, bee not razed nor de­molished in our dayes, nor Wee and Our blood, which spring up within the walls thereof, to be driven to desperation, nor seek Councels from Necessity. Wherein, as they have all some interest, either in regard of that reproch, which our injuries and affronts unredressed, may cast upon them, with most of whom, we have the honour to be allyed, or else for the consequence, which may fall upon themselves, if this fire bee not [Page]timely quenched: so they shall labour in a most Christian work, pleasing to God, and glorious among men. Which we desire of them, with this further assurance, that our carriage and intentions to His Imperiall Majesty, & the whole Empire, shall be ever sincere, loyall, and respectfull, Zealous to re­move jealousies and distrusts, to confirme friendship, and intelligence to preserve the rights and authorities of all, and with our power to establish publike peace, and ad­vance the good of all Christendome. And for themselves, They shall lay an eternall ob­ligation upon Vs, our brethren, and our whole House, upon all occasions, to ac­knowledge this their favour, and by the faithfull offices of our friendship and vici­nity, to make them thankfull retribution.

And for conclusion, to close up all, Wee doe heereby summon and exhort, all our Liegemen, Vassals and Subjects, that hold in fee on our Electorall House, in due time, not to faile of doing homage, faith, loyalty and obedience unto us, as to their naturall Lord [Page]and Prince, hoping that every one of them, will bee carefull to discharge their bonds and duties, and take heed of failing, under the Censure of the lawes, by any felonious or disobedient act.

Heere shall end our present Manifest, which for defence of Our inseparable rights, and information of the whole world we were faine to publish, by inevitable ne­cessity.