A PROTESTATION Of the Most High and Mighty PRINCE CHARLES LODOWICKE, Count Palatine of the Rhine, Archidapifer, and Prince Elector of the sacred Empire, Duke of Bavaria, &c.

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Translated out of the High-Dutch, and Printed at LONDON for RICHARD WHITAKER, M.DC.XXXVII.

THE

PROTESTATION

Is against

All the unlawfull, and violent proceedings and actions, intended and practised to his Highnesse, his Brethren, and neare Kindreds prejudice.

Particularly, against

The secret, and invalide dispositions and decrees of the Emperour, in the tran­slation of the Electorall dignity and domi­nions, upon the Duke of Bavaria, &c.

Secondly,

The unlawfull, and vaine Election of a King of the Romans, where his Highnesse and the Electour of Triers were excluded.

Lastly,

The violent and unjust usurpation and possession of the Electorall Dignity, Title, Voice, and Session, by the Duke of Bavaria.

A Protestation, especially being cleare and well expressed, conserveth the right of him that maketh it. And though such protestati­on be necessary, yet doth it no wrong, or injury to any one.

Leg. [...]idebitor 4. § 1. D. Quibus modis pignus & ibi Bartol. l. & si quis, 14 §. Sed interdum 7. D. de Religiose. & sumptibus.

Sampson, when the Philistins, tooke his wife from him, and gave her to another, maketh this Protestation against them.

Iudges cap. 15. vers. 3.

Now shall I be more blamelesse than the Philistins, though I doe them a displeasure.

Charles Lodowicke, By the grace of God, Count Palatine of the Rhine, Archidapifer, and Prince Electour of the sacred Empire, Duke of Bavaria, &c.
To all, and every one, that shall see or reade these our Letters Patents, Greeting.

IT is well knowne and manifest, not onely in the Roman Empire, and Germany our [Page 2] deare Country, but also in all Christendome, by the experi­ence of those violent actions and sad effects of warre, which even unto this day are to bee seene, and by divers writings and publique monuments set forth every where, what man­ner of proceeding was used, all the while these heauy trou­bles, and civill warres of Ger­manie lasted, in the occupation, surreption, division, dismem­bring, [Page 3] sale, grant, and translati­on of Our now wasted Domi­nions and Territories; and well as of Our Electorall Dignity, Archidapifership, Voice, Royalties, and other Rights thereunto immediately and in­separably belonging.

Which proceedings and violences being altogether un­just, intolerable, contrary to all right and justice, and conse­quently [Page 4] a nullity, invalide, and without power and force: We have just cause to be sensible of them, and to this end to pub­lish Our complaints, excepti­ons and protestations against them, according as necessity and justice doth require.

Especially, that which grie­veth & most sensibly afflicteth Vs, as tending to the greatest prejudice of Our owne, Our [Page 5] Brethren and neere Kindreds Persons and Rights, is that not without great dislike and sor­row We doe heare and un­derstand.

First of all, how that in the last pretended treaty of peace at Prague, without Our know­ledge, in the time of Our mi­nority, not being there, nor sent for, nor heard, amongst the rest was concluded and agreed [Page 6] upon, that those dispositions and pactions should bee and remaine firme, stable aad va­lide, which heretofore were made and granted by his Im­periall Majesty, to the Duke of Bavaria, and the Wilhel­mian Line and Posterity, in regard of Our Electorall Do­minions and Dignities, and withall, that the said invalide disposgions, having beene parched & compiled together [Page 7] in private and secretly, hither­to unknowne to the world, and as yet not published in their true force and phrase, never­thelesse were alledged against Us, under the pretence, as if they had beene allowed and confirmed in the sayd treaty of peace, and consequently re­ceived by a generall approba­tion of all the states of the Sa­cred Empire, as it doth mani­festly appeare in the last answer [Page 8] given by the Emperour to the Earle of Arundel, the Kings Majesty of Great Brittaine His Ambassadour at Ratisbone.

By vertue of which disposi­tions, Our Right, Iurisdictions and Possessions, belonging and appertaining unto Vs, Our Brethren, and neare Kindred, ex primaevâ & simultaneâ Investi­turâ ex pacto & providentiâ majo­rum, were ravished and vio­lently [Page 9] taken from Vs, and transferred from Our House to a remote and farre distant Line and Descent, against all right, lawes, constituti­ons of the Empire, customes observed in Fiefs of such importance and quality; nay, even against the Gol­den Bull it selfe, and o­ther pactions and Imperiall priviledges, from many ages conferred and confirmed up­on [Page 10] on Our Electorall House.

Secondly, it much grieveth Vs, that at the last meeting of the Electours at Ratisbone, where the election of a King of the Romans was propoun­ded and treated, and the King of Hungary, Ferdinando of Austria, chosen and crowned, We were not with the rest of Our Co-electors, by vertue of the Golden Bull, called and [Page 11] invited, notwithstanding that VVe onely represent and beare the Right, Voice, Of­fice, and Person of the Elector Palatine, but VVe were pur­posely, though uniustly, past by and excluded, and the Duke of Bavaria suffered de facto and really to usurpe, and to beare our Title, Place, Session, Office and Voice, against all Law and Iustice.

All these things generally, and every one in particular being nothing, and altogether invalide, uniust, and violent, to passe by many other nulli­ties, VVe doe esteeme and ac­count the Dispositions above-said, and the pretended con­clusion of peace of no force and power, upon this ground, because they were continued, framed and agreed upon, in the time of Our, and Our [Page 13] Brethrens minority, when We were absent and in for­raine Countries, having beene neither called nor heard, much lesse accused and con­victed; besides, that in them­selves they are contrary to all Divine and humane lawes, the fundamentall Constitutions of the Sacred Empire, the or­dinary customes of Fiefs of such quality, and the manifold declarations, which His Im­periall [Page 14] Majesty hath made and given under his owne hand with full assurance, to all the Electours, that then were pre­sent, the 23. of February, anno 1623. and to the King of Great Brittaine, Our honou­red Grandfather of most bles­sed memory, few daies after, viz. the 5. of March in the same yeare.

And withall the nullity of this [Page 15] pretended Election appeareth, in that. VVe were with the E­lectour of Triers unjustly and violently excluded and kept out from it, though unto Us onely it belongeth by Nature, Divine and humane lawes, to beare the Name, Title, Voice, Office, and Function of the Electour Palatine, in all Im­periall Diets, Electorall mee­tings, and generally in all so­lemne actions of the Empire.

These inevitable necessities obliged Vs, to publish Our exceptions and protestations in a solemne and legall man­ner, for the maintaining of Our unquestionable and un­doubted Right, Iurisdiction, Princely descent, State, and Name, against all such and the like violent proceedings, in­tended, determined and pra­ctised, to the prejudice and disgrace of Vs, Our Brethren [Page 17] and neere Kindred, who were never so much as called or heard in Our owne cause.

We doe therefore by ver­tue of these Letters Patents, with good advise and know­ledge, in the best forme and wise, according to Law and Custome, plainely and fully protest against, and contra­dict all, both in generall and particular, whatsoever hath been contrived, acted, granted, [Page 18] premised, pronounced, judg­ed, published, disposed, practi­sed and agreed upon, publike­ly or privately, with delibera­tion and purpose, or any other way, to the prejudice, detri­ment and damage of Us, Our Brethren, and neare Kindred, or whatsoever shall or may be in time to come, ordained, judged, decreed, practised and acted, against Vs, de facto and really, without Our know­ledge, [Page 19] consent and appro­bation.

Particularly, we doe protest against those vaine, imperti­nent, and most dangerous dis­positions, and conclusions of peace at Prague, against the hasty, precipitate and unlaw­full election of a King of the Romans, and above all, against the violent, unjust and hainous usurpation, detention, and pri­vation [Page 20] made and continued by the Duke of Bavaria, in keeping backe, ravishing and detaining from Vs, as much as lyeth in his power, by his usurpation de facto, Our E­lectourship, Dominions, Sub­jects, Royalties, Fiefs, Office, Title, Voice and Session.

Reserving withall for Us, Our Brethren, neere Kindred, and all those that have any in­terest [Page 21] in it, to use all such law­full and conducible meanes, actions, defences and remedies, as are allowed in such cases, by Divine and humane lawes, to all, that are thus oppressed, and suffer such wrongs and in­juries, with this expresse de­claration and Protestation, that whereas We Ourselves, and others for Vs have hitherto tryed and sought, as much as was possible, to come by faire [Page 22] meanes to the quiet reposses­sion of what belongeth unto Vs, by Nature, and Lawes Di­vine and humane, upon honest and tolerable conditions, We desire to be cleare and blame­lesse before Almighty God, the whole world, and all poste­rity, of whatsoever may befall any one in the prosecution and maintaining of Our just and lawfull cause, for the ob­taining of Our restitution.

We doe likewise in the end professe and protest before God, who knoweth the hearts of man, that VVe doe not in­tend by this our forced lawfull Protestation, to derogate any thing from the Highnesse and preheminency of his Imperiall Majesty, whom We are wil­ling and ready to honour and revere with most humble and constant devotion, Or to di­minish and offend the Rights, [Page 24] Honours, and Iurisdictions of any State soever, having no other intent and scope, but more and more by these law­full meanes to maintaine, con­firme, and publikely to mani­fest Our innocency, just cause, unquestionable Right, Here­ditary Dignities, and lawfull possessions, least by Our si­lence and forbearance of this necessary and just Protestati­on, they should be neglected, [Page 25] endangered, or prejudiced,

And to the end, that this Our Protestation, drawne in the presence of a Notary and witnesses, might come to the publike knowledge and view of the world, and all frivolous exceptions and pretences of ignorance be cut off from those whom it may concerne, We have caused it publikely to be set forth and printed, and have [Page 26] already sent some authenticke copies of it to his Imperiall Majesty, and the Princes E­lectours, under Our owne hand and Seale.

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