Concerning the first head.

FOR this many ages past the Realme of Boheme hath beene alwayes holden both within and with­out the Empire for electiue and not hereditarie. The Letters Reuersalls of all the Kings of Bohemia which haue successiuely beene, euen to the Empe­rour Ferdinand the second, haue a cleare and ex­presse recognition and confession that they haue, and possesse it not by any hereditary right, but by the free election, good will, and consent of the estates of the said Realme, according to the Golden Bull, their li­berties and priuiledges. There hath not beene any but onely the Emperour Ferdinand the second, who hath challenged a partension of a succession heredi­tary, the which hee foundeth principally vpon a cer­taine disposition of the King Vladislaus his great Grandfather by his Mothers side, made on the sixth [Page 2] day of Ianuary 1510. in regard of the Dutchesse Anne his daughter, who was afterward the wife of the Em­perour Ferdinand the first; the Copie whereof ensu­eth word for word.

Vladislaus by the grace of God, King of Hungary, Bohemia, Dalmatia, Croatio, &c. Marquesse of Mo­rauia, Duke of Lucemburg and of Silesia, Marquesse of Lusatia, &c. Be it knowne to all men by these pre­sents, since that God by his diuine grace hath giuen vs heires both sonnes and daughters, and that by his diuine prouidence, as also by the aduise and counsell of our Subicots, Prelates, Princes, Lords, and all the estates of our Realmes, wee haue first caused the most excellent Prince, King Lewes our most beloued sonne, to be crowned King of Hungary, who afterward by the free will of the Barrons, Nobles, and Townes of the Kingdome of Boheme, hath beene crowned and receiued in the same Realme. But if it shall happen that the said King Lewes dye without heires (which God forbid) then the Dutchesse Anne our daughter shall remaine, and be true heire of the Realme of Bo­heme land, by power and vertue of the rights, constitu­tions, and priuiledges of the Realme of Boheme. And we hauing had regard vnto that, and considering the sin­gular affection, deuotion, and promptitude, that our Subiects of both our Realmes shew vnto vs; we thinke and iudge it to be right and equitable to prouide for them in such sort, that for the necessities of the affaires of these two Crownes and Realmes, they may treate and negotiate in their owne mother tongues, with our heires and their future Lords. And for that cause we haue ordained, and doe ordaine, that our heires haue [Page 3] to make their abode in a place fit and conuenable, to the end that the subiects of the Crowne of Hungarie, as well as they of the Crowne of Bohemia, and those of the Crowne of Bohemia, as well as they of the Crowne of Hungarie, may enioy and haue their pre­sence, and may haue accesse vnto them. They shall be also bound and obliged to entertaine neere vnto them an equall number of men and women, Natiues of the Kingdome of Bohemia and Hungarie, to the purpose that they may learne the Languages of Hungarie and of Bohemia freely, and without impeachment. And that the Estates of euerie one of the same Crownes may sufficiently and at large conferre with them in their owne Languages, touching their necessities. Moreouer, wee promise vnto them of the Realme of Bohemia, not to marry, nor to promise in marriage the Duchesse Anne, our daughter, without their counsaile. And wee promise all this which is contained in these presents, in the word of a King, and doe also promise vnto the Barons, Nobles, and all the Estates of the Realme of Bohemia, to obserue it fully and inuiolably without any cōtrauention, in any fashion whatsoeuer. In witnesse whereof, wee haue caused our Royall Scale to be set vnto these presents abouesaid. Yeuen in our Castle of Prage, on the Friday after the Feast of the 3. Kings, in the yere of our Lord 1510. and of our raigns, to wit, of Hungarie the 20. and of Bohemia the 39.

This disposition of the King Vladeslaus is set downe by the Emperour Ferdinand at this time, for the stron­gest Bese and foundation for the hereditarie right that he claymeth vnto the Crowne of Bohemia, forasmuch as the Duchesse Anne, his grandmother, is called heire of the Realme of Bohemia, and that (as hee sayth) [Page 4] by vertue of other precedent agreements. Now I will not enlarge my selfe heere to dispute vpon this Foundation (for that the Estates of Bohemia haue alreadie refuted it very amply and solidely by their Writings, and especially by their Booke called the Deduction, which they published in the yeere of our Lord, 1620.) But I would onely (as by the way) shew the manifest nullitie thereof, by the contradicti­on that is therein.

For first it appeareth by the Reuersalls of the said King Vladislaus, giuen vnto the Estates of Bohemia on the day of his Assumption to the Crowne, that he acknowledged and confessed, that hee obtained and receiued the said Crowne, by the pure, sranke, and free will and election of the said Estates, and not by any right hereditarie. If then hee had not any right here­ditarie, much lesse had he power to conferre and giue a right of succession hereditarie vnto his daughter.

Secondly, if in regard of his person he had had such a right of succession, yet it had not beene lawfull for him to dispose thereof vnto his sonne, for that the Realme and Electorate of Bohemia was holden of the Empire only to the heires males, as the other Electo­rates be, and cannot fall vnto the Distaffe; Women being vncapable to performe the Functions and Offi­ces of men, required in the Office of the Electors, by vertue of the Golden Bull.

Thirdly, the said disposition containeth a most grosse and palpable absurditie, in that the King Vladi­slaus saith in it, that his sonne hath beene receiuea by the free choise of the Barons, Nobles, and Townes of the Realme, and that hee addeth then by and by, that his [Page 5] daughter shalbe heire of the said Realme after his death: for if the sonne could not come thereto, but by the way of free election, how can it be concluded, that the daughter haue a right of succession hereditary in a estate taile vnto the heires males, which her brother had not? And to make this absurdly more euident, behold the Copie of another Letter Reuersall, which Vladislaus gaue vnto the Estates of Bohemia, when that they designed & accepted Duke Lewis his sonne for to be their future King.

Vladislaus by the grace of God, King of Hungary and Bohemia: Be it knowne vnto all men whosoeuer that shall see or heare these presents. Forasmuch as the Barrons, Nobles, the Townes of Prague, and the other Townes, together with the communalty of the Realme of Bohemia, hauing by their free choyse, and without any obligation of theirs thereunto chosen and crowned, in our life time the Serenissime Prince and Lord Lewis King of Hungary, as they before time haue done vnto vs their affection, by the said election of King Lewis our sonne, yet with this charge, that as long as we shall be in life, we shall retaine and hold the gouernment and possession of our said Realme, and the Prouinces incorporated without any im­peachment of King Lewis our dearest sonne vntill our death. That on the other part we will not faile con­tinually to acknowledge it, and will protect and giue order, that they shall be maintained without any tra­uerse or trouble in their rights, franchises, priuiled­ges, and customes, as wee haue promised and doe promise them by these presents, when that King Lewis our most deare sonne shall come vnto the age [Page 6] of maioritie, and after our decease shall take possession and administration of his Realme of Bohemia, hee shall be obliged to doe and accomplish all that which the Kings of Bohemia, our predecessors, as also our selues haue done and accomplished by Obligation, in such manner and forme as wee haue giuen them ex­presse Letters, signed with our hand, and sealed with our Scale, with this reseruation, That if King Lewes our dearest sonue doth not accomplish all that which is contained in our said Letters to them exhibited, in satisfying to all that vnto which the Kings of Bohemia are bound, they shall also not be bound on the other part to admit the said King Lewes in the possession and gouernment of the Realme, and that for so long time, and vntill that he hath made totall satisfaction, accor­ding to the more ample purport of our said Letters: but when hee hath made such satisfaction, the said E­states and they of the Prouinces incorporated shall be reciprocally obliged and bound to sweare vnto him loyaltie, and to be faithfull vnto him in all humilitie, as vnto their crowned King.

After the death of King Lewes, who was slaine in the battaile of Mohaz, in the yeere 1526. the Archduke Ferdinand married the said Duchesse Anne, and sent the same yeere his Embassadours vnto the Estates of Bohemia, requiring them to chuse and receiue him for their King, alledging amongst other reasons, that the said Anne his Wife was the neerest vnto the Crowne: and though that the Estates graunted his request, in giuing the Scepter and Crowne vnto him, this was not in any sort in contemplation of the pretension of his Wife, but of their free consent, as is most [Page 7] euidently seene by his Letters Reuersalls, which follow:

Nos Ferdinandus, Dei gratia Rex Bohemia, Infans Hispaniarum, Archidux Austria, Marchio Mora [...], Dux Lucemburgia, Silesia, & Marchio Lusa [...]a, &c. Notum faci [...]us tenore prasentium vniuersis. Quemadmodum Barones, Nobiles, & etiam Ciuitates, ac tota Communit as Regni Bohemiae, ex sua libera & bona voluntate, iuxta li­bertates Regni Elegerunt. Nos in Regeon Bohemiae. Qua­propter recognoscimus, quod hoc ipsum ab Oratoribus ip­sorum abunde intelleximus, & re ipsa cognouimus & com­perimus, quod praefati status & communita [...] ill [...]us Regni, non ex aliquo debito, sed ita pront supra scriptum est, eam Electionem, eligentes Nos in Regem Bohemia, exlibera et bona voluntate fecerunt. Harmn testimonio literarum sigilli nostri, quo hactenus tanquam Archidux Austriae, vsi sumus, appensione roboratarum. Datum in Ciuitate nostra Vienna, die tertia decima Mensis Decembris, anno Domini millesimo quingentesimo vicesimo sexto, Regni vero nostri anno primo.

True it is, that these Reuersalls were afterward deli­uered vp by the Estates of Bohemia vnto King Ferdi­nand, at his instance, who put in the stead of them o­ther Reuersalls, where many things are found to be changed, against che intention and approbation of the said Estates.

The Emperor Ferdinand the first, and the said Anne his wife had a sonne called Maximilian the second, and Charles d'Austria, the Estates of Bohemia chose Maxi­milian the second Emperor, who gaue vnto them Re­uersals, like in substance to those which his father had giuen, in acknowledging their free election, without [Page 8] pretension of any right. After his death, they chose Ru­dolph the second, Emperour, his sonne; and in the life time of the Emperour Rudolph, they designed for their King the Archduke Matthias, who was also afterward Emperour. It is fit to be noted, that the said Empe­rours, Maximilian, Rudolph, and Matthias, though all descended from the said Anne, and all by right of pri­ority to be preferred before the said Archduke Charles and the Emperour Ferdinand the second, his sonne, haue at their assumption vnto the Crowne of Bohe­mia, frankely confessed by their Reuersals not to pre­tend vnto it any hereditarie right, but to haue recceiued it by the free Election of the Estates; and especially the Emperor Rudolph hauing in his life time consented vnto the Election of Matthias his brother, gaue them a very ample and large Letter of Assecuration, dated on the Saterday after Quatuor tempora, in the yeere 1608, That the said designation ought to be holden for a free and voluntarie Election & Reception, with­out any preiudice vnto their Priuiledges, Rights, Sta­tutes, Customes, and such like things. In like manner, the Archduke Matthias made his Reuersals, dated on the Wednesday after S. Iohn Baptist, acknowledging and confessing by them, repeating it often and in plain words, That it was not by Obligation, but by a franke and free Electionand wil, that the said Estates had de­signed and receiued him for King, after the decease of the Emperor Rudolph, his brother.

Touching the seco [...]d head.

FOr to vnderstand the diference and controuersie the better, it is good to vnderstand and know well the quality of the subiect or matter, and the qua­lity of the persons.

The subiect of the controuersie, is the Realme and Electorate of Bohemia, the which as it is said, for these many former ages to this time, hath beene holden to goe by Election, and though it hold in fee of the Em­pire, yet it doth not appertaine immediatly vnto the [Page 20] Emperours no more then the Electors, as well Sec [...] ­lars as Ecclesiastiques, and many other as well Ele­ctiues as hereditaries, appertaine not in propriety vn­to the Emperours, for there hath beene many Empe­rours of Germany, that haue not been Kings of Bohe­mia, and that the Electors are not bound by any meanes to chuse the King of Bohemia for Emperour. Also, he hath its priuate or perticular lawes, and is not in any thing subiect vnto the constitutions of the Em­pire: and likewise the Archduke of Austria, after the battaile of Prague haue begun to maintaine publique­ly as well by their pen, as by their sword, that the said Realme and Electorate doth appertaine partieulerly vnto their house in propriety. It also appeareth by the transaction of Spaine, mentioned before in the first head, that the Archduke Ferdinand now Emperor, at­tributeth particulerly to him and his sonne, not as Emperour, but as in the quality of Archduke, in the which yet there is one remarke very considerable; to wit, that after the [...]aking of the said Transaction, vnto the day of his designation, made by the authority of the Estates of Bohem [...], he durst neuer vsurpe the title of King, nor make any mention vnto them of any such agreements or couenant, [...]nowing too well, that for that the same was directly contrary to their priuiled­ges and rights of free Election they would haue op­posed themselues, and neuer receiued him: So that the question, if the Crowne be Electiue or hereditary, is not debated with the Estates of Bohemia by the Emperour, in the quality of Emperour, but as Arch­duke.

Likewise one cannot say, that by the reiection of [Page 21] the Archduke Ferdinand, the Estates haue reiected the person of an Emperour, for that then the Empire was vacant, and without Emperour, he comming af­terward to the Imperiall dignity; yea and more, if in that same very time, the body of the Empire had from it selfe offended with such a Reiection, the iudgement had no [...] belonged vnto the Archduke Ferdinand, but rather vnto the Elector Frederick, as chiefe Vicar of the Empire, representing in that time the person of the Emperour: And therefore it followeth, that the said Reiection is an act particuler, which doth no [...] touch the person of the Emperour, nor the body or corpes of the Empire, who neuer at any time medled or had to doe with the affaires betweene the Kings, and the Estates of Bohemia: now if so be that the Reiection is a particuler act, so also is the new Election which ensued the same a little while after, an act particular, of the like nature and condi­tion.

So then, if the Estates of Bohemia cannot be accu­sed to haue committed the haynous crime of Treason, against the person of an Emperour, nor against the corps or body of the Empire, by such an Abdication and new Election: what reason is there to accuse the Elector Palatine Frederick, of Treason in the high­est degree, for that hee hath accepted the said Ele­ction.

And it is an obiection very absurd, to alledge, as some of the other side haue done, that the Archduke Ferdinand, and the Emperour Ferdinand, is but one person, and that hee who reiecteth the Archduke, re­iecte [...]h the Emperour. This is not but one and [Page 22] the same body, which doth neuerthelesse represent di­uers persons, and it hath beene already said, that when the Archduke Ferdinand was reiected, there was no Emperour Ferdinand at all. The King of Denmarke is Duke of Holstein, and because of that Dutchie, hee is a member of the Empire, hauing a place of sitting amongst the Princes of the Empire, and yet the said sitting doth not represent the King of Denmarke, but onely and seperately the person of a Duke of Hol­stein, inferiour to many other Princes of the Empire. The King of Spaine is comprised amongst the Estates of the Empire, by reason of his Prouinces of hase Burgundy, and yet is not therefore admitted in the Sessions of the Estates of the Empire, in quality of King of Spaine. The Emperour himselfe maketh vse of this distinction; For when complaint is made, that he vseth the people of the King of Spaine, and bring­eth strange Souldiers into the Empire against the or­dinance [...] of the Empire, and his owne Capitulation: he answered, that he made vse of the Duke of Burgun­dy, and of his assistance, as of a Prince of the Empire though yet that he is holpen in this assistance of the money and meanes of all his Realmes, and not of his Prouinces of Burgundy onely: So the Emperour made not long since a like distinction about the King of Denmarke, saying in his answere to his Ambassa­dour, that the King of Denmarke could not helpe nor assist the circle of the lower Saxony, as King of Den­marke, but onely as a Duke of Holstein.

It is very true that the Palatine Elector is accused by some, not onely for that hee hath accepted the Crowne of Bohemia, but also for that hee hath made [Page 23] an Hostile inuasion into the territory and dominion of Austrich, and by that meanes violated the publique peace of the Empire: but that is manifestly false, for euery one knoweth that it is not he, but the house of Austria, who haue kindled the warre in Bohemia, and constrained the Estates of Bohemia, to put and stand vpon the defensiue: and God, (before the entry of him into Bohemia,) hauing blessed their Armes so farre forth, as to repulse the Countesse of Bucquoy, and of Dampiere with their Armies, and driuen them backe into Austria, from whence they were come, to inuade and make great hauock in Bohemia, they were obliged (and so they thought themselues) vpon com­pulsion to keepe their forces and Armies within the said Countries and Dominions of Austria, thereby to impeach their enemies, for comming and getting within the Realme of Bohemia, and it was not in the power of the Elector Palatine, to make them retire and goe backe, although he desired it neuer so much, for­asmuch as that had beene to expose the said Estates, into the danger to see themselues againe incontinent­ly assayled, within their owne borders and confines, by their said enemies, euen as they had without that beene very shortly after.

But as concerning the persons, who be at contro­uersie for this affaire and businesse of Bohemia, euery one of them hath without comparison his more emi­nent qualities peculiar to himselfe. But not to stay here to describe that of the Emperor, who is the head and chiefe of all the Electors, Princes, and Estates of the Empire, whose person is sacred, and ought after God to be honoured and respected aboue all others. [Page 24] It is sufficient to know, that the Empire is not an E­state Monarchique, where the Prince ruleth absolute­ly, and that the Emperours doe not inherite their dignities and authorities, but that they be conferred vpon them, by the hands of the Electors, who, when they shall abuse themselues therein, haue the like po­wer to depriue them, that they had to giue it them, euen as it is verified by the fundamentall lawes, and by the examples of the deposition by them made at other times, of the Emperours chosen by them. Also it is found in the auncient Letters and docu­ments of Germany, that the Emperours be called so­ueraigne Administrators and Tutors of the Empire, whereby is gathered and collected, that they can­not attribute the propriety thereof vnto themselues, nor dispose thereof absolutely according to their owne fantasie, but that they are obliged and bound to yeeld and render an account, and reckoning of their administration. And on the other side, the Princes Electors be called by the constitutions of the Empire, and by the Imperiall Capitulation (which is holden for a fundamentall law) the principall Co­lomnes of the Empire, they hauing as Ephori, su­perintendencie and ouersight ouer all the body or corpes of the Empire, and bee also obliged, by the duty of their Offices, to maintaine, in all, and through all, the obseruation of the said Constitu­tions.

They haue a Colledge apart from others, and may assemble and meete whensoeuer they thinke good, to entreate of affaires of State, and bee fur­nished and endued with (as be also the other Princes [Page 25] and Estates respectiuely) with many priuiledges, and immunities, which are confirmed by euery Empe­rour, whensoeuer and as often as they chuse and elect and Emperour: before all other things, they prescribe vnto him the conditions, vpon which, they put the Scepter in his hand, and make him to promise by a corporall and solemne oath, the obseruation of them, and after that, they reciprocally doe vnto him the oath of fidelity, as to their chiefe head and superi­our by them chosen, of their franke and free will: By which it appeareth, that there is a very great diffe­rence betweene the Emperours, and the Electors, and betweene the Kings Soueraignes by nature or birth, and the Princes and Lords to them immediate­ly Subiects.

And especially the Prince Palatine hath digni­ties of great eminencie, which are allotted vnto him pecnliarly, by the Golden Bull. First, in that, when the Empire happeneth to be vacant, by the death of the Emperour, or that the Emperour tra­naileth out of the Empire, hee then is to haue the administration of the affaaires of the Empire, in the Countries of the Rhine, of Sueuia, and of the law Franconien. Secondly, in that by the same Golden Bull, he is constituted and ordained Iudge of the Em­peror: when a third person hath any different or con­trouersie with him, in the occurrences concerning the Empire.

Neuerthelesse, for all this, hee doth not leaue to acknowledge the Emperour that now is, for his head, and superiour, chosen and confirmed in this dignity, [Page 26] by the plurality of the Electorall voyces: he doth not dispute any thing whatsoeuer appertaining vnto the said Imperiall dignity; Hee (as hee from the begin­ning hitherto hath done) doth offer and declare pub­liquely to account and respect him for such, and in that quality to giue him all honour, reuerence, and o­bedience, conformable and agreeable vnto the Con­stitutions of the Empire.

The Crowne of Bohemia in controuersie betweene them is, (as it is apparant and euident by the afore­said proofes) a particuler difference, or controuersie, which is in question, not as betweene an Emperour and an Elector, but as betweene two Princes of the Empire, of the which in this action, the one neither can nor ought to haue preheminence aboue the other, but haue neede of a Iudge impartiall, such as the Em­perour that now is, with the Colledge of Electors might be, if he were not interessed in the same, as par­ty principall: And as for the Electors, the most part of them bee, from the beginning of these troubles, made suspected, and incapable to interpose their iudgement: For first, and to begin, the three Eccle­siasticall Electors fauourizing the Archduke Ferdi­nand, euen from before his Election Imperiall, would not by any meanes heare the griefes of the Estates of Bohemia against the said Archduke, when they sent for that purpose their Ambassadors, vnto the Colledge of Electors, at that time assembled at Franckfort, (as hath been said) but reiecting them, as comming about a particular difference (though by reason of the Ele­ctorate annexed vnto that Crowne, all the said Col­ledge, [Page 27] yea, the generalitie of the Empire hath interest therein) neyther ceased they, vntill the said Archduke was brought into the Conclaue of the Electors, as E­lector of Boheme. It is very true, that after this In­troduction, and Election Imperiall, which ensued thereupon, the Emperour that now is, remitted and gaue ouer the decision of this Affaire vnto the arbi­trage of all the Electors, who assigned a day and place vnto the said Estates of Bohemia, for to treat thereof. But they would not then submit and yeeld them­selues thereunto, forasmuch as the matter was not now entire, and in the same estate it was, for that the said Electors, by the said bringing and introducti­on of him into the Colledge of the Electors, had gi­uen an aduantage vnto their counter-partie. Where it is to bee remarked, that as well in the said Intro­duction as in the Election of the Emperour, the E­lector Palatine did by his Embassadors make an ex­presse reseruation for the said Estates of Bohemia, of their right that did belong vnto them. As concerning that after the acceptation of the said Crowne of Bo­hemia by the Elector Palatine, the said three Electors Ecclesiasticall, and the Elector of Saxony, wrote from their Assembly holden at Mulhausen, as well vnto the said Estates, as to the said Elector Palatine, and o­thers, that it appertained vnto them as Electors, to take knowledge of that fact, as of an Affaire of the Empire; there is a contradiction to be found there­in: for at Francfort, the three Ecclesiasticall Electors declared, That they held the griefes and pretensions of the said Estates for a particular fact, and would not by any meanes, that it should be decided by the [Page 28] Colledge of Electors: yea, which is more, they wrote vnto the Elector Fredericke, which at that same time was in the high Palatinate, to pray him to come in per­son to Francfort; and amongst other points of their Letters, openly declared, That they would neuer suffer the Estates of Bohemia to dispute or question Ferdi­nand about the Crowne of Bohemia: How could they then, in the interposition of their authoritie, vpon that difference, auoid the suspition of partialitie? Also it is to no purpose, to alleage in this difference the au­thoritie of the Emperor, to better and gaine the suit; for the authoritie Imperiall, which the Archduke Fer­dinand hath obtained after his abdication in Bohemia, hath not meliorated his particular cause, or made it more iust. For example, if two Souldiers goe to Law, or contend for some Debt, or some other Quarrell, and if that one of them is made Captaine, and hath obtai­ned authoritie ouer the other, his cause is not any way bettered by this new authoritie. If two Citizens be at Law for a piece of Land, and if two Princes be in controuersie for a Crowne, and one is made Empe­rour; shall he carrie away the Crowne by his new Im­periall authoritie? Or else is it not lawfull in all causes for an inferior to pretend any right in a particular fact against his superior? Behold then, as concerning the difference and controuersie of Bohemia; the decision of which, the Prince Elector Palatine hath beene al­wayes, and is, readie to remit, eyther to a Sentence of vnpartiall Iustice, or to the Arbitrage of eminent per­sons, capable of the cause, and not adherent and lea­ning vnto the other partie alone.

Touching the third Head.

NOw that wee haue heretofore made it appa­rant, and euident, by the qualitie of the Con­trouersie, and other circumstances, that the Emperour could not interpose therein his Imperiall authoritie, to his owne proper aduantage, and to the preiudice of the Prince Elector Palatine; this con­clusion followeth thereon, without contradiction, that the Proscription is praecipitated, and vnlawfully done: The which is deduced, showne, and prooued so apparantly, in many other Writings published, that it should be superfluous to make any great or long discourse; but it sufficeth to adde in this place some example and instance of the euident Nullities which are found in the said Proscrip­tion.

First, the Emperour (from the beginning) bore himselfe as Demaundant and Plaintife against the Prince Palatine, and in stead of pursuing him by the way of vnpartiall Iustice, hee hath pursued him with all Hostilitie, with Fire and Sword, shewing by all sort of violence, that his princi­pall Butt and Marke was no other, but to re­uenge himselfe, and to ruinate the other vtterly, as by his Letters and Writings, as well parti­cular as publique, and aboue all things, the ef­fects which haue ensued thereof, haue verified, that such haue beene his Designes. Hee could not then bee Iudge and Partie at one time, [Page 30] much lesse could hee pronounce the Sentence, that should be vnpartiall, and exempt from the appetite of bitter reuenge.

Secondly, the Emperour hath commenced this Proces, to wit, by the execution, and the afore-men­tioned Hostilities, without citation, without iudiciall recognition of the cause, and without hearing the de­fence of the Prince Palatine.

Thirdly, the proscription hath beene precipitated, and published, against the Constitutions of the Em­pire, without the aduice and approbation of the Ele­ctors ioyntly: For though that this Arrest and De­cree hath beene deliberated on with the knowledge and consent of the Ecclesiasticall Electors; so it is, that that which was done, was done in particular and in hugger mugger, the secular Electors neuer giuing their consent thereunto: Neyther was the resolution of the same taken Collegiately, for it was taken in the house of the Count of Ogniate, Embassadour of Spaine, at Vienna, as it appeareth by the Letters of the said Count of Ogniate; and information is had thereof by other meanes also.

For the fourth, it is founded partly vpon certaine ancient Constitutions of the Empire, made against the breakers of the publique peace, who would not submit themselues vnto Iustice, nor be reduced vnto Peace, except they were constrayned by force of Armes. The said Constitutions doe not any way touch the Prince Palatine, for that hee did not rayse the Warre in Bohemia, and meddled not therein, but for their defence; being alwayes readie (as hath beene said) to vndergoe the decision of his Cause, [Page 31] eyther by way of Iustice, or by an vnpartiall interpo­sition: And as to the authority absolute, to proscribe a Prince Elector without the vniuersall consent of the Electors, without recognition of the cause, without citation, and without the hearing of the iustification of the party accused, that is in one word a thing neuer heard of in the Empire. And though that the Empe­rour had had such an authority absolute, and that it had beene founded vpon the said Constitutions: so it is, that hee cannot make any vse of it without infrin­ging the Capitulation, and his oath, which is quite contrary, as it apparantly and euidently appeareth, by the ensuing extraict of the 25. and 26. Articles of the said Capitulation of the clause, comprised in the 28 Article, and of the last Article.

Touching the fourth Head.

IT hath beene said in the first Head, That at the verie beginning of the Troubles of Bohemia, the Prince Elector Palatine desi­rous to see the Peace established there, and the Subiects reconciled vnto their King, sent an Em­bassadour vnto the Emperour at Vienna, for to desire him to vanquish himselfe, to lay downe Armes, and surcease from violence, and to quench the fire of a pernitious Warre at the first. But that was in vaine; for the Embassadour conti­nued his Suit instantly many moneths together, to his great charges, at Vienna; but returned, and obtayned nothing.

[Page 43] After the death of the Emperour Matthias, the King of great Briraine to testifie and witnesse his good intentions, toward the publique good of all Germany, sent the Vicount Doncaster, Councellor in his Councels of Estate, and Gentleman of his Chamber, in Ambassade vnto the Archduke Fer­dinand, at that time designed King of Bohemia, and other Princes of the Empire, to mediate an ac­commodation betweene the said Ferdinand, and the said Estates of Bohemia, and by this sweet and milde way, to reduce and bring the parties vnto repose and rest, and to preuent the euils which haue afterward miserably afflicted, doe afflict, and will afflict still all the corpes and body of the fift Empire, yea and of all Christendome, if God by his grace do not giue a conuenable remedie there­vnto. The said Ambassadour met the Archduke Ferdinand at Ratisbone, in the way for to goe vnto the Dyet of Franckfort, called for the Election of a new Emperour: he was giuen to vnderstand, that in that place of Ratisbone, the affaires of Bohemia could not be treated of; and that therefore hee should returne backe, and goe vnto Franckfort, where there would be better commodity to con­ferre with the Electors, and to take a good resolu­tion therein; but he thinking to obtaine so much as to enter into the Towne for that purpose, was not permitted so to doe, vnder the pretext and colour, that it was against the Golden Bull, to permit stran­gers, Princes, or Ambassadours, during the hold­ing of the same Dyet, to enter into the Towne. [Page 44] So that hee was constrayned to withdraw him­selfe vnto Hanau, and there to stay a long time at great charges and expences, for that hee had a very great trayne: And though hee requested oftentimes, and with great instance to be admit­ted and heard; yet hee could not obtayne, vntill that Ferdinand was brought into the Conclaue Electorall, and by that meanes chosen Empe­rour: And for that the Emperour, after that hee was come, by his reception vnto the Colledge Electorall, as King of Bohemia, vnto the marke hee aymed, had remitted the said affaire and bu­sinesse of Bohemia vnto the Arbitrage of the Ele­ctors, the negotiation of the said Lord Embassa­dour was made frustrate, and hee dismissed to goe vnto the place from whence he came. Behold here the first affront made vnto the King of great Brit­taine in his interposition.

In the yeare of our Lord, One thousand sixe hundred and twenty: The King of Spaine and the Archduke Albertus set on foote a puissant Ar­mie in the Prouinces of Burgogne, in the mo­neth of Iuly and August, the King of great Brit­taine aduertised from other places, that it was to inuade the lower Palatinate, sent Sir Edward Conway and Sir Richard Weston his Ambassadours, vnto the Archduke at Bruxelles, to exhort him not to make any inuasion into the Palatinate, with offers to interpose his good Offices for the ad­uancement and furthering of an amiable & friend­ly composition, vnto whom answere was giuen: [Page 45] That the King of Spaine and his Highnesse had assem­bled and formed an Army for the seruice of the Empe­rour, and that as yet the resolution was not taken, in what place that Army should he employed. Now it is a thing to be noted, that the said Army marched already toward the Palatinate, when that they made this aunswere full of mockerie vnto the said Embassadours.

Incontinently after the publication of the Ban against the Prince Pala [...]ne, the Princes and Estates vnited, dispached their Embassadours vnto to be­seech him to suspend the execution thereof, and to giue way vnto an accommodation, for to stop the euils that would ensue thereof infallibly, assuring themselues to dispose the said Prince Palatine vnto all things that should be thought conuenable and equitable for the cōmon good and repost, but such answer was made vnto them in the Emperors name, that they might vnderstand that nothing was en­tended and to be looked for, but fire and sword.

The King of Denmark also bestowing therein the same offices by his Embassadours, was paid with like money as the Princes and Estates vnited were.

And for that the Prince Elector Palatine had be­trusted all this affaire, in the interposition of the Kings of great Brittaine, and of Denmarke, with promise to ratifie and accomplish all whatsoeuer, they concluded or accorded in his name, so that it were not against his conscience or his honour: his Maiesty of great Britaine (vnto whom he afterward remitted the negotiation thereof, & granting to do [Page 46] all that he shall iudge most fitting, for the recoue­ring of his Estates and dignities, and the re-esta­blishment of a firme peace in the Empire) volun­tarily charged himselfe with this entermise, and promised, as he hath promised oftentimes hitherto, to employ therein all his possible meanes, and to expose therein, if neede be, all that God hath giuen him in this world, iudging it better, notwithstand­ing, it to be the better & more reasonable to search and make vse of the way of mildnesse, before that he proceeded vnto extremities.

This is the matter, why his Maiestie of Great Brittaine sent the Lord Digby, Councellour of E­state, and Gentleman of his Chamber, vnto the Emperour in the moneth of Iune, with large in­structions and power, to labour to bring the affaires vnto some good composition. The Archduke Al­bertus had then graunted a truce in the lower Pala­tinate for some weekes, which began to expite, and the high Palatinate was yet in the hands of the Prince Palatine, but terribly menaced, and in great feare, by reason of the great preparations of warre made by the Duke of Bauier, to gaine and winne the same vnder the title of a Commission Imperiall to him giuen. The Ambassadour Digby vsed all his forces and diligences possible for the discharge of his Ambassade, dayly redoubling his instances to­ward his Maiestie Imperiall, the which declared that hee desired nothing more, (then peace, [...] the Prince Palatine would first make satisfaction, and submission, vnto the which was added, sometime [Page 47] one thing, and then at another time, another thing; onely (as the effects testified) for to gayne and winne time, vntill the Truce was expired: And that the Duke of Bauyer might haue an occasion to giue a blow vpon the high Palati­nate, without the impeachment of Count Mans­felt, who had amazed and gathered together some Troupes, vpon the Frontiers of Bohemia. The said Truce being expired, the Spaniards re­commenced the Warre in the lower Palatinate, the Emperour not abiding to giue any eare vnto the prorogation of the Truce, alledging many new pretexts: yet neuerthelesse, his Imperiall Maiestie, and they of his Councell, put the said Embassadour in hopes, by faire words, and good­ly promises, That the Duke of Bauyer (whose Commission had beene suspended by the order of the Emperour, at the sollicitation of the said Em­bassadour) should not receiue any new Commis­sion, and should be enioyned not to make here­after the execution of the Ban against the higher Palatinate. And finally, vpon the reiterated in­stances of the Embassadour, and vpon certaine Conditions and Promises by him offered, his Imperiall Maiestie consented vnto a Treatie, and wrote vnto the Infanta of Spaine the eleuenth of September, giuing her power to agree with the King of Great Brittaine (if the Affaires in those Quarters permitted her) and decree with him a suspension or deposition of Armes, that by that meanes they might enter into a friendly and amia­ble [Page 48] conference of a peace and accommodation. The Embassadour trusting and confiding in all these Declarations, Promises, and Words, and not being able to obtaine more at their hand, tooke leaue of the Emperour, and made hast in his returne, with a purpose to bring (by the power of the Commission giuen vnto the Infanta) his Af­faires to some good passe. But in his returne he was aduertised, and saw himselfe, that the Duke of Ba­uyer was made Master of all the whole high Pala­tinate, and constrained the subiects to doe him ho­mage; whereof he made complaints vnto the Em­peror by his Letters of the fift of October, making vnto him a remonstration, that the same was done vnto the preiudice of his Declaration, and against that which his Councellors had giuen him to vn­derstand.

Being arriued at Bruxels, hee assayed and tryed by all meanes to obtaine a suspension of Armes: which thing was impossible, forasmuch as the Emperour had commaunded the said Infanta, by other Letters written (vnknowing vnto the said Embassador) That she should not make any accord of Truce, and that his Maiestie Imperiall had inioy­ned Don Cordua to proceed: So that the contrarietie of these Letters, dispatched and sent at one and the same time, vpon one and the same subiect, is eui­dently discouered by the answere the Infanta gaue vnto the Embassador, on the eight day of Nouem­ber, a thousand six hundred twentie and one: which was done not to lose, but to follow the aduantage [Page 49] which the counterpartie had gotten by the occupa­tion of the high Palatine, and the greatest part of the low Palatinate, and that there rested no more to take, but Heydelberg Manheym, and Frankendale, and some other small places; to the Conquest of which, the Duke of Bauyer sent the greatest part of his Armie, which ioyned it selfe vnto the Spaniards vnder diuers pretexts: insomuch, that all the ende­uors that his Maiestie of Great Brittaine had made at Bruxels, for to procure some small release & ease vnto the poore Palatinate, and to mediate a treatie of Peace, were as vnprofitable as the precedent, and former at Vienna: where yet neuerthelesse was made all manner of faire semblant, and seeming to haue a desire to giue satisfaction vnto his said Ma­iestie, who demanded an entire restitution of the high and low Palatinate, and of the Dignitie Ele­ctorall, for his sonne in law, who on the other part promised to yeeld vp and surrender the Crowne of Bohemia; and as concerning the submission, to doe (vnto the which, they on the other side insisted strongly, without any intention to accept thereof) all that which might be done, without preiudice of the Constitutions of the Empire.

The Armie of the Papistique League, and those of the Spaniards, did extreamely rauage the low Palatinate: vpon which, the Count Palatine was constrained to goe thither in person, and to make all the resistance possible with the Troupes of the Count of Mansfelt.

His Maiestie of Great Brittaine seeing that the [Page 50] enemies reenforced themselues, and grew strong dayly, and had enterprised to import and to con­quer all the low Palatinate, as well as the high Countrey; hee thought it good to write vnto the Emperour by a Corrieur, or Post, sent of purpose, and to offer him, in the behalfe of his sonne in law, by his Letters (which were of the twelfth of No­uember, one thousand six hundred twentie and one) Conditions of Peace, such as he thought as impos­sible, that the Emperor (of whose pacifique intenti­ons all men spoke) ought or could refuse them. And to the end he might lay an assured foundation vpon the said offers, hee seriously exhorted the Prince E­lector Palatine, his sonne in law, to ratifie them, and to promise the accomplishment of them, by an au­thenticall Instrument, signed with his hand, and sea­led with his seale; the which hee did, dated the fiue and twentieth day of the said moneth of Nouem­ber, preferring the publike peace and repose of Ger­manie, before all the particular considerations of himselfe and his House.

And though there was no speech in the Court at Vienna, and that of Bruxels, made vnto the Em­bassadors and ministers of the King of Great Brit­taine, of any other thing, then of the pacifique in­tentions of the Emperour, and of the resolution that he had to giue all satisfaction vnto his Maiestie of Great Brittaine; so it is, that yet he did not ac­cept the said Conditions, and so by the refusall of them, dispensed the Prince Elector Palatine not to be bound and obliged therewith, & sent the Count [Page 51] of Schwartzenburg into England, onely for to make all sort of complement, and gaue a new Com­mission vnto the Infanta to treate with the King of great Brittaine about a suspension and laying down of Armes, and also of a peace, and made in that same time, the Warre to be continued in the lower Palatinate, vnto the Princes and Estates Euange­liques of the Empire he dissimuled, and would not be knowne of the same conditions; but hee caused them to be communicated vnto the Prince Bethe­lem Gabor, who vpon that tooke occasion to make peace with the Emperour; whereupon it ensued, that the greatest part of the troupes which were in Austria, Bohemia, and other places were sent into the lower Palatinate, to make an end of all: not­withstanding, his Maiestie of great Brittaine was continually assured of the restitution, and offers were made of a treaty of peace: to be briefe, promi­ses were made vpon promise, and so his Maiesty en­tred into a new parley, and sent Sir Richard Weston vnto Bruxels to treate with the Infanta, who ordai­ned and appointed Commissioners for that effect and purpose, who for to gaine and winne time, ex­acted of the said Embassadour a plaine power sig­ned with the hand of the Prince Palatine, to the end (as they said) they might be assured, that he would ratifie and accomplish all that they should con­clude and determine: and although that his Ma­iestie had already sufficient power, vpon many Let­ters of his sonne in law; so it is, that they would see a plenipotency or full power informe, that [Page 52] which his Maiestie graunted them, and caused a plenipotency or full power to be dispatched by his said Emb [...]ssadour as well in his owne name, as in the name of his sonne in law, who signed the same ioyntly with his Maiesty, & sent the same to Brux­els, where the said plaine power being come, the Commissioners found therein one onely word re­peated; to wit, the title of Elector, which was giuen vnto the said Prince, and prayed that the said full power might be reformed and renewed, and that title put out thereof, alledging that they could not well treate that title being in: and so his Maiestie to take away all exceptions, made the said power, with the omission of that title, to be drawne againe; but yet with an exception that it should not at any time preiudice him by any means. These commings and goings too and fro, caused by the contreparty, were for no other end, but draw out and to pro­long the businesse, and to hinder and empeach, that his Maiesty (who had already promised to enter­taine 8000. footmen, and 1600. horse in the Pala­ [...]inate, at his owne charges,) should not send thither any great succour, not make any diuersion in Flan­ders, nor any where else. The said power then ha­uing bin made, made againe, signed, and sent the second time at the instances of the said Commissio­ners, his Maiesty receiued Letters from the Empe­rour, written the 18. of Iune, by the which he gaue him to vnderstand, that the treaty of peace could not well be made nor concluded at Bruxels, since that the affaire and businesse concerned & touched all the Empire, and that therefore he had called an [Page 53] assembly of the Electors, and some other Princes at Ratisbone, remitting and leauing it vnto the good pleasure of his Maiesty, if hee would send any one thither on his behalfe. The which contrary and vn­due procedure, his Maiesty tooke as strange, and thereof made sharp and bitter complaints vnto the Emperor in his answer. And for that the rest of the Palatinate stood in danger to be lost, not being able to resist such puissant enemies, his Maiesty in some manner to breake that blow, tooke into his prote­ction the Townes of Heydelberg, Manheym, and Frankendale, but that was no hinderance: for the two first were besieged & furiously battered, Hey­delberg taken by assault and pillaged, and that of Manheym taken by composition; so that there re­mayned none but the Towne of Frankendale only; for the conseruation of the which, his Maiesty see­ing that it would be left in his protection no more then the other two, found it good, and at the in­stance & great promises of the Infanta, to sequester it into her hands, and shee gaue the gouernment thereof vnto Don Verdugo, a Nobleman of Spaine, who put therein a Garison, the which at this day menaceth incessantly the poore Burgesses, to pil­lage them for want of their payment, though it be not bound to satisfie them for the same.

After the taking & total ruine of the Palatinate, the Emperor made hast with the Dyet of Ratisbon, and was there in person, where he inuested publike­ly the Duke of Bauier with the Palatinat Electorall, to the exclusiō of the children of the brother, & the neerest kinsmen of the Prince Palatine (against the [Page 54] aduice and opposition of the Electors of Saxony and of Brandemburg, who pressed by their Em­bassadours, the entire restitution of his Countries and dignities) And gaue the King of Great Brit­taine to vnderstand by his Letters, dated at Raits­bone the fift of March, one thousand sixe hundred twenty and three, in the which hee added amongst other cleare testimonies of his great good will to­ward his Maiestie, that his translation of the Ele­ctorate in the house of Bauiere, was made with ex­presse reseruation, That it shall be permitted by espe­ciall grace vnto the Grand children of his Maiestie, and vnto his other kinsmen, to treate hereafter in some Towne Imperiall, as Nuremburg, Angsberg, Vlm, or Franckfort, touching the right that euery one of them may pretend in the titles and Digni­ties Electoralls: and if so be that they cannot a­gree and accord together, that it shall be lawfull for them to commence sute, and enter into proces before the Maiestie Imperiall, and the Colledge of the Electors, where they may assure and promise to themselues a quicke dispatch, and Iustice soone administred, if they themselues doe not hinder the same, by some act of their owne; by the which re­seruation, his Maiestie of Great Brittaine may see the most sincere affection the said Maiestie Impe­riall bore vnto him, and to his posterity. This is the substance of the saide Letters of the Empe­rour.

Now let euery one giue his iudgement of this goodly declaration. And it ought not to be passed [Page 55] in silence, that at his departure from the Dyet at Ratisbone, the Emperour, as it is said, made shew in the said Letters to reserue vnto the children, bro­ther, and kinsfolkes of the Prince Palatine, some permission to dispute the right, that they would pretend after the Duke of Bauier; promised the ex­pectancy of the Electorate vnto the Duke Wolfgang. William of Neuburg, confirmed by Letters and Seales.

And as the Emperour hath alwayes made pro­session of good will toward the King of Great Brit­taine, and to giue eare vnto the entire restitution which hee hath sought by friendship, and by the way of amity with great trouble and charge; but in vaine: So also hath the King of Spaine done the very same almost, vntill that the Palatinate hath beene reduced vnto the more then miserable estate, as it is at this day, and that the Duke of Bauier hath beene put in full possession of all the high, and of the greatest part of the lower Palatinate, together with the dignity Electorall: for though the King of Spaine hath oftentimes assured his Maiestie of great Brittaine, as well by his Letters as by his Em­bassadours, seriously to co-operate and ioyne with him, for to obtaine the entire restitution of the Pa­latinate Electorall, and of that which dependeth thereof, with an expresse promise for this effect to ioyne his Armes with those of his Maiestie if neede was: This notwithstanding, when hee hath beene finally demaunded by his owne Ambassadours, a speciall declaration by writing, hee hath answered, [Page 56] That he cannot doe it, for that, beside, that it shall be to depriue him to haue any hand in it, and the Arbitrage in this affaire, as a mediator or friend, that it may also not onely giue cause vnto the Em­perour his Vncle, to take an vnkindnesse or offence thereat; but also, that if he shall mingle threates and Armes, with the Offices of interposition, it shall be an vnkindnesse and dis-office in his deportment which he ought in reason to vse toward his Impe­riall Maiestie: by the which answere it appeareth euidently, that all the said promises of Spaine haue beene nothing but words.

For the closure of this Information, wee are moreouer to recount an artifice and cunning trick, whereof the contrary party doth make vse; That is: The Infanta of Spaine vnder the colour and dis­guise of an Imperiall Commission, and of an ex­treame desire to re-establish peace in the Empire, and to giue satisfaction vnto the King of Great Brittaine, made a proposition of certaine Articles of a truce of fifteene moneths in the lower Palati­nate, and generally for all the Empire, to the end, that in this space of time a treaty of a firme peace might be had: So, that his Maiesty, after hee had changed some thing in the said Articles, condis­cended thereunto, and signed them, sending them vnto the Prince Elector Palatine, for to signe them also; who (after he had deferred a little while to con­sent vnto them, because of the captious Articles he saw in them) vpon the instances that were made, and the hopes that the counterparty made him take [Page 57] of an accommodation, signed them in like manner: but all that came vnto nothing. For neuer since haue they ceased to exercise against the poore Sub­iects of the Palatinate, all sorts of rigours, and vio­lences; neither will they obserue the Articles of truce, vnder diuers new colours & pretexts forged and framed out of their owne fantasies and braines. The Butt and end of this counterfeited & disguised truce, was, for that Austria and Spaine desired to take from the Prince Palatine the power of seeking the succours and assistance of forraigne Kings and Princes, and especially to preuent, that (peraduen­ture) he should not make vse of the Forces and Ar­mies, the Duke of Brunswick, and Count Mans­felt had then on foot, and that by that occasion the Prince Bethelem Gabor should not take occasion to make any inuasion against the House of Austria. But at that same time, the Armie of the Duke of Brunswick hauing been put to rout and defeated by a fatall destinie, Austria and Spaine seeing thēselues come to that Butt they shot at, made a mockerie of the said Truce, & continuated their Hostilities, and a little after departed, and deliuered vnto the Arch­bishop of Mentz the Country of Bergstrate (which is one of the best Prouinces of the Palatinate) for to oblige him so much the more strictly to maintaine and defend their partie against the Prince Palatine, and haue imposed vpon the poore subiects, as well of the Palatinate Electorall, as vpon the Countrey of the Prince of Symmeren, diuers impositions, to them insupportable, which endure yet, and are aug­mented euery day.

[Page 58] It is also to be remarked, that the said Articles of Truce were communicated in the name of the Emperour, vnto some Princes of the Empire, a whole moneth before that they were concluded, and accepted in England; and that in other forme, and partly in another sence, onely for to gaine ad­uantage, and to render and make the Electors and Princes of the Empire irresolute, and to hinder them from fauouring the Prince Elector Pala­tine, whose totall ruine and extirpation being the Butt and Marke (what semblant or shew so­euer they had made to his Maiestie of Great Brit­taine) vnto which they haue directed all their Actions, for to effectuate all their abouesaid Designes.

By all the which Drifts and Practises it may be seene, as in a Mirrour, with how much misprision they haue most vnworthily abused the King of Great Brittaine; and certes hee had desired much, that it might haue passed in silence. But since that Murther and Slanders be the two Instruments, whereof the adherents of the contrarie partie make vse, vtterly to ouerthrow the Prince Palatine, and his friends; it is ineuitably necessarie to represent and demonstrate all that which is before written, by this briefe Information. The Murthers be seene by all the World, and the Calumnies and Slan­ders are made to sound in the cares of euerie one, in accusing the said Prince and his friends of things whereof they neuer thought.

But for to auoid prolixitie, among other things [Page 59] it is published, written, and blowne abroad in all places continually, That the said Lord the Prince hath not from the beginning of these Troubles, hitherto showne any signe of his inclination vnto Peace; but that all his Designes hath beene no other, then to carrie and beare himselfe with extre­mitie of Warre, to the ruine of the Empire, and to the perill of Christendome. But before God, and them who know the contrarie, there is produced here for Witnesses and Testimonies against this falsehood, all the Interpositions, Embassades, Re­quests, Offers, and Declarations abouesaid.