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.
Given at Hampton-court the 27. of January, anno 1637.