FOr first, to let that passe, that a few Princes of Germany, who in the com­mon Cause are not Iudges, but parties, cannot at any pri­vate Meeting deter­mine of the affaires of the Empire, nor debate at their pleasure, in a Conventicle [Page 2] at Prague, Controversies which are onely to be decided in the generall Assemblies of the Empire, nor to conclude upon a Peace concerning the tranquillitie of the Christian World, within the secret Chambers of one Citie: and in a word, out of a corner of one Kingdome, to denounce a deadly Warre against so ma­ny Princes, Dominions, and Kingdomes. Certaine it is, by the opinion of the Doctors of the Austrian side, That the Emperour cannot establish a lawfull and firme League with Heretickes up­on such a condition, as to grant unto them the Lands and Rights belonging to the Church, lately usurped by them, and free exercise of their Heresie in the Empire: So, amongst others, did Iacobus Simandra, Tractat. tom. 11. p. 11. p. 181. Bishop of Pace, teach a good while since, in his Booke of Catholicke Instruction, cap. 46. n. 52. where hee saith, ‘That this doth also appertaine to the punishment and hatred of these Heretickes (meaning the Lu­therans) That faith or promise made [Page 3] unto them is not to bee kept, notwithstan­ding it be confirmed by oath: And a little after: There can be no commerce nor peace with heretikes, and that therefore faith gi­ven unto them, though confirmed by oath, ought by no meanes to bee kept: And hee addes further, This is often said by us, and yet it is necessary to bee uncessant­ly itterated, and not to be silenced as long as that name of peace is pretended.’ So Conradus Brunius professor of the law, and Chancelor of Otho Truchsesius Bi­shop of Auspurg at the same time, when the transaction of Passaw was establi­shed in the Empire, in his third Booke de Hereticis c. 15. puts this question. Tractat tom. 11. p. 305.

And so a Booke very lately set forth touching the conclusion of a peace made betwixt the Catholikes and the Adhe­rents, to the confession of Auspurg, pub­lished by the Commandment and Au­thoritie of the Superiors at Dilling, 1629. and approoved by the Doctors profes­sing the Law in the Archdukes Vniver­sitie of Freiburgh, and added by way of Commentary to that Edict of Restituti­on of the sixth of March 1629. doth in many places professedly teach, ‘ That such trans-actions or agreements of Ca­tholikes with Heretikes and Lutherans, are by the Law it selfe voyd, unlawfull, and unluckie:’

And hee alleadgeth di­vers [Page 6] reasons of this assertion, whereof for brevities sake I will onely point at the chiefe.

His first is, That such a Treaty ex­ceeds the limits of secular, yea, even of Imperiall Iurisdiction: So hee teacheth, c. 5. q. 25. n. 20. p. 114. in these words: ‘The Emperors neither would nor could decree by their authoritie, that certaine Eccle­siasticall Benefices possessed by the Con­fessionist, ought to be left unto them: And p. 122. It exceeds all secular, yea, and the supreme Caesarean power, to determine that Church lands and benefices being translated from lawfull Ecclesiasticall Prelats and beneficed men to Lay persons uncapable thereof, and averse from the Catholike religion, ought to remaine in their possession: the Iurisdiction over their estates and persons, being taken a­way from the rest of the Bishops and Pre­lates, as to the use and exercise thereof.’

His second reason which is, because a Catholike Prince cannot by any pro­mises bind himselfe to tolerate Heresie, [Page 7] is declared in the same Chapter, q. 26. n. 27. p. 133. in these words: ‘To speake absolutely (case of necessitie excepted) it is unlawfull for a Magistrate, and inju­rious against God to tolerate Heresie: And a little after n. 30. If in some case and some time it may be lawfull to tolerate Heresie; yet it is not lawfull for any man to bind himselfe by promises or oathes to tolerate it; because by the law l. 5. ff. de pactis, That contract and agreement is void whereby any man is invited or drawn on to offend: And n. 31. Though at some time a Catholike Magistrate in a case of extreame necessitie may prudently bind himselfe to tolerate his Heretike subjects for a certaine time; yet that such a pro­mise should bee made perpetuall, it can scarse at any time bee lawfull:’ An ex­presse reason immediately followeth; ‘Because a Magistrate cannot permit or promise a toleration of Heresie in his Country, unlesse it bee to avoid a greater mischiefe from the Common Wealth: But there can no mischiefe happen more grie­vous [Page 8] and pernicious to a Common Wealth, then if Heresie bee so brought in, that it may at no time bee lawfull to prohibit, or remove it.’

A third reason is there alleadged, q. 28. n. 47. ‘Because the authoritie and appro­bation of the Pope ought to interpose be­fore a league can be lawfully made with Heretikes for the tolerating of their Re­ligion. For whereas such a league doth tend to the detriment of the Church, and doth indirectly concerne spiritual matter, that is to say, permitting of a false religi­on, therfore nothing ought herein to be de­termined the Pope not being first consul­ted with:’ Now the Treaty of Passaw, and the Pacification of Prague were never approved by the Pope, and there­fore by the Iudgement of the Austrian Doctors are of no moment and vali­ditie: 2. Because this trans-action is founded upon the Treaty of Passaw. Which ought so much the more to bee considered, because the Paci­fication of Prague in the principall parts thereof is founded upon the Trans-action of Passaw: for so saith [Page 9] the first Article in the frontispiece expres­ly: As for the possessions of the Church medi­ately depending of the holy Empire, let the constitution of the Treaty of Passaw remain unviolated. But by the doctrine of the same Doctors, in the Preface of the book formerly cited, &c. v. q. 25. p. 115.

‘The peace of Religion concluded with the Lutherans at Nurenbergh, 1552. and confirmed at Auspurg, 1555. is no finall accord, no generall or pragmaticall, nor perpetuall sanction or trans-action, but onely a tempora­rie contract, agreement, and constitu­tion; which as it was introduced and established by the Emperors authori­tie, with the consent of divers States of the Empire, so by the like power of a succeeding Emperor the greater part of the Princes of the Empire giving their votes therunto, it may bee repea­led.’ Yea, and even in it selfe it is of no great validitie, being by force of armes extracted from Charles V. and upon ur­gent necessity granted to the Lutherans by Ferdinand I.

For so the agreement of peace often cited c. 5. q. 24. p. 109. Anno 1554. saith: ‘When Charles V. did make a pacifica­torie transaction with the Confessio­nists, the State of the affaires in the Empire was so troubled, that the Em­peror knew not what counsell to fol­low; and therefore confessed, that hee being pressed with adversities and hard conditions, did grant peace to the Heretikes, and did commend the de­sperate state of the Catholikes in Ger­many to Gods good pleasure, untill a a more fortunate time and occasion did offer it selfe.’ Iohannes Paulus Windeck taught the same doctrine a good while since, in his deliberation touching the rooting out of Heretikes, printed at Colen with the leave and pri­viledge of the Caesarean Majestie, art. 3. in the answer to the 4. Objection p. 324. ‘That which the Emperour did by this agreement of peace grant to the Pro­testants, hee was compelled to doe it by extreame necessitie: For the Turke [Page 11] at that time hovering over Austria, it was necessarie for him to gather toge­ther al his strength from al parts round about him.’ Besides, although the Ttrans-action of this peace had beene most free, yet according to the opinion of the foresaid Doctors, there was no interest in the possessions of the Church granted by it to the Lutherans, but one­ly a suspension of the Bishops interest in them. And so doth the Booke of the conclusion of the peace expressely teach, c. 6. q. 30. n. 4. 5. 6. 7. When it saith: ‘That by the transaction of Passaw no right or authoritie was granted to the Heretickes of detayning or usurping the possessions of the Church, or teach­ing the confession of Auspurg in the Empire against the Catholike truth; but they onely obtained a suspension of Episcopall Iurisdiction and of acti­ons belonging to Catholikes.’

And yet more expressely n. 5.

Moreover, although the Treaty of Passaw were of undoubted authoritie, yet by the opinion of the Catholikes, the Protestants have very many waies violated that sanction, and as much as in them lay, have utterly abrogated it: In regard that not onely after the pub­lishing of it Anno 1552. and 1555. they did by force and intrusion, throwing out the Catholikes, take possession of three Archbishopricks, fourteene Bi­shopricks, and above three hundred Church-livings and Monasteries (a­mongst which the Dominicans alone are [Page 14] said to have lost above seventie) as that Declaration of the Peace of Religion concluded betwixt the Catholikes and Protestant Princes, and Nobles of the Empire, printed as it seemeth at Munchin 1629. in Quarto. particularly sheweth; but also by very many new Doctrines brought in touching the Vbiquitie of Christs Body, Free-will, the Masse or Eu­charist, they have so altered the Confes­sion of Auspurg set forth in the Booke of Concord 1580. That at this day there are no Protestants found in the world, who doe still Adhere to the true Con­fession of Auspurg, as it was presented by their Ancestors to Charles V. Anno 1530. Besides that, many Protestants lea­ving the Doctrine of the Confession of Auspurgh, have in very many Articles imbraced the opinions of Calvin, and Zvinglius: From whence it appeares as cleere as the Noone day, that since the Peace of Religion 1552. was onely gran­ted to those that professe the true Con­fession of Auspurgh, and that all the [Page 15] Protestants are in many points departed from it; and many of them have decli­ned to the Heresie of Calvin: They have by the judgement of the Catholikes, long since deprived themselves of all grace and priviledges granted unto them by the Peace of Religion; and have made themselves unworthy of any fur­ther toleration: as the Booke of the Conclusion of Peace prooveth every point at large c. 10. and 11. q. 81. and 82. p. 574. 581. &c.

Neither indeede did the Austrian Emperours ever deny, 3. By the confession of the Empe­rours them­selves. that it was out of their power and jurisdiction to deter­mine any thing in matter of Religion, a­gainst the Decrees of the holy Canons, or Councels. So without doubt did the Emperour Ferdinand. I. confesse ex­presly at the breaking up of the Assem­bly of Auspurgh, Anno 1559. the 13. year 1559 day of Iune, in these words: ‘It is beyond the compasse of all Secular power, yea, e­ven the Supreame Imperiall Majestie it selfe, that the possessions of the Church [Page 16] should be translated from lawfull Prelates and devolved unto Lay and Hereticall persons, and remaine in their possession.’ So also Rodulph. II. When he granted libertie of Religion to the Protestant States of Hungary and Austria, in his de­claratory Letter of the sixth of August 1606. year 1606 saith, That as well those Articles which belong to Religion and the Ecclesia­sticall Order, as the rest, are thus to bee un­derstood, so farre forth as they bee not con­trary to his Oath given to the States at his Coronation, for the defence of the Catholike Religion, and extirpation of Heresie. And for this cause the Emperour Charles V. published a generall revocation of all those things which hee confessed, hee sometimes granted to Heretikes against his conscience, dated at Bruxels 19. Sep­tember, year 1555 1555. which was a little after the Peace of Religion granted by Ferdi­nand I. at Nurenberg and Auspurgh; with no other intention but this, that at one and the same time, hee might wil­lingly by himselfe disanull that liberty, [Page 17] which being compelled by his brother, he had formerly published. Which they doe at this day suppose to bee made the more sacred and solemne, because after the publication of the Councell of Trent 1564. year 1564 by the Bull of Pope Pius the fourth, which revoked all things that were granted in prejudice of the said Councell: All Contracts, Agreements, and Ordinances, in those points where­in they are contrary to the Decrees of the Councell, are by Law revoked, made voyd, and disanulled; and redu­ced to the rules and limits of that Coun­cell, and so are judged to be. 4. Experience of things past. And this is the reason why notwithstanding all cautions, assurances, and Capitulations whatsoever made to the contrary, the Austrians ever have proceeded, and still doe in the reformation of Religion, and extirpation of Heresie with open force, in the Palatinate, Bohemia, Hungary, Au­stria, &c. because they believe all such Agreements and Capitulations to bee frustrate, and voyd in Law; and that [Page 18] they can bee confirmed by no Oath or Contract whatsoever. And that we may not depart any further from our inten­ded discourse. Ferdinand II. then Arch-Duke of Gratz, now Emperor, although at his Coronation Anno 1599. year 1599 hee had fully promised to the Nobles of the Confession of Auspurgh, and the Sub­jects of the three Hereditary Provinces of Styria, Carinthia, and Carniola, liberty of conscience. Yet presently upon it, in the very beginning of his Government by a publike Edict, he drave all the He­retikes out of his Dominions, and in a solemne resolution given unto the States of those three Provinces at Gratz, the last of Aprill 1599. he openly professed, That those Heretikes could alledge no priviledge either in holy Scriptures, or in any Law of God or man, for the Ex­ercise of their Religion. And the same Emperour although by the sacred Charter of Rodulph II. year 1609 Anno 1609. suf­ficient provision was made for the States of the Kingdome of Bohemia, to [Page 19] have free Exercise of their Religion of both kinds; yet assoone as he tooke up­on him the Government of that King­dome, hee demolished divers of the Protestants Churches to the ground, and shut up the Inhabitants in prison: Whereupon soone after arose those wo­full troubles in Bohemia. And not long after that, Anno 1621. though, year 1621 when hee was advanced to the Empire, hee had promised the States of Silesia, by a so­lemne agreement made betwixt them, that if they would leave the Party of the Prince Palatine Fredericke, hee would religiously preserve all their Rights and Priviledges, both Ecclesiasticall and Temporall: Yet for all this, when the Prince Palatine was dispossessed, he did presently after with all the strength hee could, contrary to his covenants and promises, every where abrogate the Profession of Auspurgh. And although in the yeare 1619. year 1619 at his Election at Franckford by a new agreement, a­mongst other Articles of the Emperours [Page 20] Capitulation, hee had bound himselfe to the Electors and Protestant Princes of the Empire, by a particular Oath for the defence of the Peace of Religion in Germany: yet notwithstanding, when hee had gotten the upper hand in the Empire, year 1629 hee did by the Edict of resti­tution proscribe all the possessions of the Church, that were in the Lutherans jurisdiction, and prohibited the Exercise of the Religion of Auspurgh in them; which gave the occasion of this most bloudy Warre in Germany. And though now, year 1635 the necessity of his affaires urg­ing him to it, and being spent with Warre; he hath made a Peace for forty yeares with the most powerfull of the Protestants.

Yet hath hee not layd aside his former purpose of casting out all his adversa­ries under the name of Heretikes, and of stripping them of all their strength, under the colour of restoring the pos­sessions of the Church, and of preser­ving no other Peace in Germany, but a­mongst [Page 21] Catholikes; holding himselfe to this resolution, That Catholikes can hold no firme Peace with Heretikes. That this was the intention of the Sa­cred Imperiall Majestie, it was in pub­lique shew declared by a Booke made by his commandment at the Dyet of Ratisbone, and published a little after at Auspurgh, in the yeare 1630. year 1630 under this Title The foundations of the Peace happily laid in the sacred Roman Empire, by the ap­probation of Pope Vrban 8. and by the as­sent of Ferdinand 2. Caesar Augustus.

That is to say, That no firme Peace can be hoped for in Germany, but by the restitution of Religion, and the posses­sions of the Catholikes into their for­mer state and condition: But if at any time for the avoyding of a greater mis­chiefe, Peace had beene granted unto Heretikes by the Austrians, it was done but for a time, to the end, that some bet­ter occasion being shortly after offered, the whole burthen and weight of a Warre might be turned upon them. So [Page 22] did Iohanne, Paulus Windeck clearely confesse not long since in the Consul­tation above cited, p. 414. in these words, year 1619 The Trans-action which Catho­likes have sometimes made with Sectaries, they have made them ayming at this end, that other businesses, being dispatched in the meane time, afterwards they might make and manage this Warre wholly against Secta­ries, and turne the whole Weight thereof upon their backes.

year 1629 For so doth Peter Ribadeneira teach, that Christian dissimulation is to bee u­sed, in his Booke de Principe, lib. 1. cap. 26. p. 178. If great dangers bee feared; and Becanus in his disputation of kee­ping faith with Heretickes, c. 10. p. 89. saith, If the Lutheran Religion cannot bee conveniently hindred, or driven out of a State, but with a greater damage to the Com­mon-wealth, then it may bee tolerated for some time, untill a more fortunate season, or occasion doe offer it selfe, as that Compo­sition of Peace teacheth, n. 1609. And that this consideration of concluding a Peace [Page 23] for a time was observed in that Trans­action of Prague, the businesse it selfe declares: 5. Out of the Treaty of Prague it selfe. For that Trans-action though at the first appearance it doe seeme somewhat the more ignominious, and disadvantageous to the Austrians, as be­ing that, whereby not onely that Sacred Edict of the Emperour, touching the re­stitution of the possessions of the Church of the sixth of March 1629. be­ing published against the Lutherans, is wholly abrogated, but also very many grievances of the Protestants exhibited at the Dyet of Ratisbone 1630. year 1630 and in the Convention of Lipsich are refor­med, according to their owne desire, year 1631 yet it doth secretly make the Emperour Master over all his enemies; yea, and sole Lord and Master in the Empire. Whilest amongst other things it giveth him Hereditary right over the King­domes of Bohemia and Hungary, the free disposition of the Colledge of Electors, and Imperiall Chamber; absolute command over all the Armies of Ger­many; [Page 24] and in conclusion, a plenary cog­nizance of all suits and controversies, which should hereafter arise touching matter of Religion, and this pacifica­tion. So that what he seemed to grant with his left hand, hee presently takes a­way with his right, and whilest he pro­miseth a Peace of a few yeares to the Lu­therans, hee graspes into his hand all the Forces of the whole Empire, being ready to employ them against the Lu­therans at his pleasure, upon the first oc­casion, as hath beene done heretofore.

THerefore the Princes of the smaler States being excluded from the Amnestia, he con­cluded a League with the most powerfull head of the Protestants, by which hee did not onely joyne the greatest part of the great men to his Par­tie, but also (which was the Principall thing of all) he disjoyned and separated the most powerfull of his enemies; u­sing this as a most certaine subtiltie to elude the strength of his adversaries, if he might be able to destroy those being drawne asunder, for whom he was too weake being gathered together. That [Page 26] forces united are stronger then divided, and that a common danger is to be kept off by concord, reason hath dictated to all men, and experience hath confirmed to the Protestants.

The Emperour who hath hitherto beene too weake, when their Armies were joyned together, could find no su­rer remedy then the separation of them; and whilest hee doth with mutuall slaughters destroy his adversaries, he be­ing now growne mightier by the divi­sions and discords of the Lutherans, turnes the faults of his enemies into the hope of a Victory. This is the ancient cunning of the House of Austria, having beene with happy successe practised a good while since by Charles V. and Ferdinand I. Iohannes Paulus Windeck, is a domesticall witnesse hereof in his deliberation touching the rooting out of Heretikes, p. 412. and so forward: whose words ought to bee to the Princes of Germany decretorie, when he saith: For the driving out of Sectaries is required. [Page 27] First, a league and association of Catholike Princes. Secondly, the occasion is not to be neglected, and that is, when the Protestants money is exhausted. Thirdly, that the Ca­tholikes may the more easily suppresse the Sectaries, let them by the invention of di­vers causes and pretences, pull them asun­der one from another, and that was practi­zed by Charles V. very much to his benefit. Fourthly, let Catholikes get in forraine aides to their assistance, for the vanquish­ing of Sectaries: and on the other side, let them use all the caution that may be, that the Sectaries get no assistance from forrainers. All these things were most exactly ob­served, in the Pacification of Prague; When as the League of Catholikes be­ing in name taken away by it, under the Title of Empire was framed an as­sociation of most of the Princes with the Austrians; and presently after, the strongest of the Protestants, the Pala­tines, the Hessians, and they of Wirtem­berg, &c. were drawne away from the rest. And least hereafter they should call [Page 28] in aide from Forreiners for the defence of their cause; under pretext of Peace, Warre was denounced against the French, and the Swedes, with a most calamitous delusion of the Saxon: Who, whilest hee seekes a private Peace rather then a publique; whilest hee laboured for the friendship of one man, negle­cting the friendship of all; whilest fly­ing from a Warre, hitherto unhappy un­to him, he laboureth to transferre it to Forreiners and his friends; hee not be­ing wary of it, did (as the Historian long since reported of Marseilles) for feare of a Warre, Florus Hist. lib. 4. cap. 3. fall into a Warre: A Warre so much the more unjust, be­cause undertaken against Brethren, a­gainst Allies, against Fellow-professors of the same faith and beliefe; by him who had no rightfull power or com­mand over them. 2. Because the Treating of a common Peace ex­ceeds the power of the Duke of Saxony.

For I pray you, By what authoritie doth the most illustrious Duke of Sax­ony, who in this businesse is neither Vi­car of the Empire nor Procurator for [Page 29] the Protestants, nor Vmpire for Forrei­ners, alone by himselfe take upon him to determine the controversies of the whole Empire? By what power doth hee endeavour to alter, or abrogate in a private corner, things long since deter­mined in the publique Assemblies, touching both the Religious, and Tem­porall Peace? By what right can hee limit to the space of forty yeares, the li­berty of Religion granted to all the Protestants for ever? Why doth hee a­lone make an accord touching the dis­position of the Colledge of Electors, touching the reformation of the Imperi­all Chamber, touching military affaires, and the contribution of all the States of the Empire, to the prejudice of most men, and against the Will of all? By what licence or power doth hee pre­sume to transferre Cities, Provinces, Principalities; Subjects neither to him­selfe, nor any body else, and to bring them under the private command of the Emperour? Doth it belong to his [Page 30] charge to make Bohemia, Silesia, Mo­ravia Hereditary to the Austrians? And Lusatia to himselfe? To take away the Palatinate and Dutchy of Wirtembergh, from their proper Lords, and Philips­bourgh, which was in all sacred right be­longing to her owne Bishop? And in a word, to arme all the forces of Germany against the French, for the recovery of Lorraine? As if hee had any authoritie over forraine States, or as if he being circumscribed and limited himselfe, could prescribe lawes to them, over whom as being his equalls, and his betters, he hath no command: Let him rather blame himselfe for being so ill advised, as under a pretext of Peace, to approove all the former Injuries, and u­surpations of the Austrians: And for that hee alone hath by the connivence of a foure moneths Treaty established those things which they were not able to per­swade the world unto by almost twenty yeares War. The truth is, to the end that the forepassed actions of the Emperour [Page 31] might have some title of right, they must bee confirmed by a Triumvirall pacification; and that things done con­trary to law and right, L. 54. D. de regulis juris. Nemo plus juris ad ali­um transfere potest, quam ipse haberet. might carry some shew of Iustice, they were to be establi­shed by a publique conspiracie: Where­in neverthelesse the Emperour had no addition at all of authoritie, nor the Duke of Saxony the least increase of profit.

For by this Trans-action of Prague, 3. Because this Treaty of the Duke of Saxony is unprofitable and hurtfull to the Pro­testants. neither was his Dignitie increased, nor his Iurisdiction honorably enlarged; nor the Religion whereof he taketh up­on him to be a Prince, and a Defender, any where propagated, much lesse firme­ly established: But on the contrary, of a free Prince, and one that hath so often triumphed over his enemies, he is made a Commissary of the House of Austria. His Territories are become as a bul­warke to the Bavarians, and Hungari­ans; the profession of the Confession of Auspurgh under so noble a Protector, was thrust out of doores in the most [Page 32] and best Provinces of the Empire, and was sent away and confined within the bounds of Saxony and the Ocean. Him­selfe, the most miserable of all, who did formerly draw from the Victories and toiles of the Swedes, his life, and safety of his Dignitie and Country being after­wards brought so low, that not being able to pay, he had rather turne bank­rupt, then be indebted, doth at this day alone beare the whole burthen of a most calamitous Warre, as being not onely shut out of the principall part of his Territories; but even doubtfull and uncertaine of his life and safety. Surely by the most just law of requiting like for like, he ought to impute unto him­selfe, the prejudice, hee feeleth through his owne fault; and he that had provo­ked the Swedish Armes to be enemies un­to him, being almost quite spent and tyred with them, doth faint and sinke under them.

But is that so? Are the liberty of Ger­many, and those glorious Titles of Peace [Page 33] made a colour for a wicked conspiracie? Surely amongst perfidious and perjured persons, it is an ordinary thing under the pretext of confidencie to foment a Warre: Neither did any man ever covet anothers servitude, or his owne domi­nion, but he would use those faire and specious names. For if the Duke of Saxony did intend to establish a true Peace in the Empire, or a peaceable tran­quilitie in his Country; Why did he un­worthily suffer so many Princes, so ma­ny States of his owne party, partners in one and the same cause, and rebellion, to be excluded out of the Amnestia? If he had a purpose to restore the Majestie, and Dignitie of the sacred Empire, toge­ther with the Liberty of it to the an­cient splendor and glory: Why did hee so shamefully reject so many King­domes and Kings so valiantly defending the German Liberty, as well within the Empire as without, from having their part in the common pacification, and send them away out of the bounds of [Page 34] Germany like slaves or drudges, without any manner of mention of the least ho­nour at all? If by this sacred Trans­action hee endeavoured to bring this to passe, that Iustice being restored to her integritie, and made to flourish againe throughout the Empire, all the States and Citizens thereof might enjoy their equall right and common quiet. Why did he leave the affaires of the Imperiall Chamber and holy Consistory, from whence all the troubles and dissentions have hitherto sprung, undecided, and to bee decided meerely at the Emperours pleasure and determination? If hee in­tended by this Trans-action to redeeme the Peace of Religion, the Libertie of teaching the Confession of Auspurgh, throughout the Empire, and the salva­tion of so many soules (as hee preten­deth.) Why did hee permit the free ex­excise of their Religion to bee prohibi­ted to so many thousands of men in Bo­hemia, Sylesia, Austria, the Palatinate, and the Bishoprickes of Halberstad and [Page 35] Auspurgh, so many Ministers and Citi­zens being banished for their beliefes sake, to endure a perpetuall exile out of their native country? If his purpose were to establish an honest, solemne, and publike peace, and such a one as should be profitable and honourable to him­selfe, and all his confederates: Why did he begin with ingratitude the worst of all vices, in turning his perjured Armes against his allies, by whom he had beene once and againe delivered from certaine destruction and ruine long since sworne against him by the Austrians? The mon­strous in­gratitude of the Saxon. For with what title of right can so detestable a treachery, so horrible a treason bee ex­cused? with what shew of Iustice can it be cloaked, in which those same men, whom you called to your party for their safetie, are delivered over by you to them that are saved to bee totally de­stroye: And those men of whom you (though unworthy) obtained life and preservation, the same being most un­worthily proscribed, are by you robbed [Page 36] of their life and honour: and so you make your friends most angry with you not onely after, but even because of the benefits received of them by you. Seneca de be­neficiis. lib. 3. cap. 1. Hee is commonly judged to be an unthanke­full man, who either denies himselfe to have received a benefit, or having recei­ved one, concealeth it; hee is more un­thankfull, that requites it not; but he is most unthankefull of all, that hath for­gotten it: For the former although they repay not, yet they remaine debtors, and are often brought in time to requite a favour received: This latter can never bee made thankefull, who refuseth to be a debtor for, much more to requite that hee hath received: But these things, as they are effects of an ancienter crime, so are they of lesse note and infamy: A new kind of ingratitude here discovers it selfe, an abhomination to God, an a­mazement to posterity, and a thing to be owned by Adrastia her selfe, which doth not onely not acknowledge, not requite, not thankefully esteeme a bene­fit [Page 37] received, but for good deeds returne mischiefes, for good deserts Injuries, and for favour destruction. The most re­nowned King of the Swedes, year 1630 Gothes and Vandals, ever of a most venerable and triumphant memory, did revenge private Injuries by a peculiar Warre a­gainst the Austrians: The Elector of Saxony, then the encourager and leader of the Protestants, now the forsaker and betrayer of them, though hee feared the common Enemie, yet hee refused a mu­tuall joyning in armes, and by his un­happy delaying of time suffered Mag­deburgh to be destroyed.

Soone after that, year 1631 being vanquished by the whole power of the Austrians, when as being in a manner shut up in Dresden hee saw himselfe farre too weake for his Enemies, being then made more wary by his owne danger, then by another mans; Vpon a pub­lique Trans-action made at Torgaw the first of September 1631. The Trans­action of Torgaw. 1. Septem­ber. 1631. he called for aide from the most renowned King of Swe­den, [Page 38] he entred with him into a society of armes & Counsels, he delivered up to the Swedes the passages and forts which were upon the river of Elbe, hee offered pay, ammunition, and provision of corn necessary for his Souldiers, making an Inviolable promise and oath, that hee never would accept any peace without their consent. And so by this Conjun­ction of armes being delivered from the present danger of death, by the Valour of the Swedes (for his owne forces did now begin to gaspe) hee obtained that most famous Victory of Lipsich and the preservation of his rights and territories, The battell of Lipsich. 7. Septem­ber. 1635. and forthwith to shew his due thanke­fulnesse, hee appointed publike suppli­cations to be made for the preservation of the King, who was now become a triumpher over his Enemies, a defender of his owne and a recoverer of the Ger­mane libertie; hee ordained the seventh day of September, being as it were, con­secrated to the memory of that Victory, to bee solemnely observed in all [Page 39] Churches of the professors of the Gos­pel; and he did celebrate the Protestants day of deliverance, gotten by the Swedes in Bookes published through the whole Empire. Shortly after, as the spirits of those that are most fierce in slaughters are many times tender; Mercur. Gallobelg. tom. 18. lib. 4. p. 32. when the Mar­quesse of Caderet the King of Spaines Embassador under a pretence of an an­cient amitie betweene the Houses of Austria and Saxony, endevoured to draw away the Saxons from the Swedes, he answered his Agents nobly and cou­ragiously, That he could not recover the desperate condition of Germany, nor save his Country being now in a languish­ing distraction by any particular ac­cords; that divers examples have here­tofore showne, that such accords would not effect an universall Peace in Germa­ny but rather worke greater mischiefes; Neither if he should make any such, that any colour of excuse could bee left him before the King of Sweden and the Pro­testant States: But after that glorious [Page 40] King did at the battell of Lutzen even by his very death triumph over his Ene­mies, The battell of Lutzen. 11. Novem­ber. 1632. The skir­mish at Nordlingen. 27. August. 1634. and that at the skirmish of Nord­lingen the affaires of the Swedes did seeme by little and little to decline. The Duke of Saxony, who before had stirred them all up to armes and rebellion (as he now called it) began to revolt from his Con­federates; and shortly after by secret messages, and after that by publike trans-actions to make an accord with the Common Enemie; and to purchase his owne establishment with the ruine of his allies, and his domesticall peace with making Warre upon strangers. So being circumscribed within the trans­action of Prague, The Trans­action of Prague pub­lished the 30. of May. 1635. he denounced hostile armes against them by whom hee had twice or thrice beene delivered from present destruction, and who by the death of their owne King had preserved his life, and by the effusion of their owne, saved the shedding of the Saxons bloud. This great office of exceeding favor was utterly lost upon them, being [Page 41] bestowed upon the most unthankfull of mortall men, who esteemed it as the highest merit to deserve worst of those that had deserved best of them. All good offices came to bee interpreted as so ma­ny wicked acts, all loving and friendly deeds as so many crimes, and the bloud of them was not spared for whom bloud was to be shed. Good turnes are requited with sword and haltars; it is the honour and Dignitie of the Austrian Commissaries to flye at the throat of their defendors, and to set their feete up­on the neckes of those they have con­quered. The armies sent from the Pro­testants are turned against them, and the Saxon Generalls Exhortation is this: The very words (within a very little) of that san­guinary pro­scription, published by the Duke of of Saxony against the Sweds, in the Campe of Schusken­burgh. 19. October. 1635. Fight against your brethren, against your Allies, against the Lutherans, against those that are governed by the same law, and Professors of the same Religion with you. Set upon the Churches, the Altars, and the dwelling houses of your friends with force of armes: Imbrue your selves in the bloud of your Kinsfolkes and take away by vio­lence [Page 42] the benefit of their native Countrey from those that bee but halfe right, sucke and spoyle them with your troupes. Let them, who brought life and safety to us, bee like banished men excluded from the use of fire and water: Let them, who purcha­sed our Libertie with their bloud, be bani­shed and scattered farre and wide out of the Empire, as sworne Enemies to peace, and disturbers of the publike tranquillity.

Whosoever shall relieve his friend, his patrone, his defender with bread or water, let him be proceeded against as guilty of treason. Whosoever shall kill, betray, or corrupt his protector or preserver, let him receive impunitie, money and a garland: (onely not such a one as was give to him that saved a Citizen:) Let Libertie bee no more mentioned amongst military banners, and let that people the conqueror and pre­server of nations, confine it selfe within the snow and yee of their owne Ocean: and there their Warres being laid aside and put farre enough from them, and all feare and terror of them being repressed; let them live in [Page 43] awe and horror of our Eagles. These are the requitalls of those savers and preser­vers; this is the reward of those defen­ders: these are the thankes and the bounties, whereby a vast benefit is re­compenced with more vast Injuries.

NOw if these Treaties of the Saxon against the Swedes can by no title or colour of right bee defended, as himselfe late­ly confessed: much lesse can his negotia­tions entred into with the Austrians a­gainst the Protestants, carry any shew of [Page 44] excuse at all. For what did he? When as the Emperour Ferdinand II. had published that fatall Edict of the 16. of March 1629. touching the restitution of the possessions belonging to the Church, and bitterly execute it against so many supplications, appeales and protestations of the States: The Duke of Saxony (as chiefe of the Protestants) summoned all the States, The Dyet of Lipsich en­ded in March. 1623. addicted to the Lutheran faith, to the Dyet of Lipsich: and declared unto them how the liber­ty of Germany was oppressed, and the Princes of the Empire robbed of their rights and dignities, and incited them to the gathering up of Souldiers through all precincts, and to the arming of the Countrey people. Shortly after, as one that would by his owne Example leade the way to the rest; hee levied an armie of 20000. men: and did in the name of himselfe and of the Protestants make knowne to the Emperour, that unlesse the grievances, exactions and oppres­sions laid upon the people by his Com­missaries [Page 45] and the Souldiers, were forth­with taken away, hee and his Allies would with armed power resist and re­pell such hainous and continuall inju­ries. So the Protestants being compel­led to rebellion, when Tilly did invade his territories with hostile cruelties, hee tooke up armes against the Emperour and his Leaguers: and by the valour of the Swedes he overthrew the armie of them both, with a glorious Victory at Lipsich. And presently upon, year 1631 year 1633 year 1634 it drawing after him a Common Warre through the whole Empire; hee made himselfe Master of the Kingdome of Bohemia, the greater part of Silesia, and all Lu­satia.

But he did also with perswasions and threatnings, 5. Aprill. 1634. involve in the publike trou­ble the States of Silesia, who had hither­to beene of neither side. In the moneths of February and Iuly. 1633. And in the Convention of Hailbrun & Frankford, exhorted all the Protestants to a firme concord and continuance of a Warre of Allies and Confederates. Yet neverthe­lesse [Page 46] after that by the overthrow at Nordlingen, the forces of the Protestants being by little and little enfeebled, and those of the Austrians by degrees increa­sed, year 1634 made the fortune of the War some­what doubtfull; hee putting off as it were, all faith together with the fortune of his Confederates: particular Conditi­ons (which hee had so often refused) being offered unto him, made his peace with the Emperor, clapt up a short com­position for his owne safety to the great prejudice of his Confederates; and to the end, that hee alone might deserue pardon and favour, excluded the most of the Vnited from pardon and Amne­stia. And so, to the end, that he might free himselfe from uncertaine dangers, he involved his confederates in a cer­taine destruction; and that hee might turne away from himselfe, the punish­ment of rebellion and treason; he deli­vered up his friends and Allies to bee punished at the pleasure of their ene­mies. With a treachery so much the [Page 47] more odious, in that hee turned his ho­stile armes against those whom hee had not onely incited, but in a manner com­pelled to take armes against his Ene­mies. Dat veniam corvis vexat censura Co­lumbas. Therefore by what Iustice can a common crime be pardoned to the au­thors, that it may bee punished in the abbettors? By what equitie is a publike rebellion commended in the kindlers of it, that it may be punished in the furthe­rers? Why are not all the Protestants being partners in one and the same mis­chiefe; recompensed with the same re­wards, or chastised with the same pu­nishments. Why doth the same crime ad­vance some unto new honors and Dig­nities, & strip others out of the dignities of their Ancestors, and the habitations of of their Predecessors? Why is the head of treason adorned not with Laurell wreathes onely, but with Elegies or te­stimonialls of honour? and the mem­bers which have unhappily joyned themselves to him, boasting himselfe both in the Iustnesse of their cause and [Page 48] strength of armes, cut off from the bo­dy as rotten limbes? Let such changea­ble and fickle friends take heed, least shortly in their turne they have experi­ence in themselves of the same punish­ments which they have approoved in their Confederates: and least they in succeeding times doe to their owne da­mage, pay dearely for those things which they suffer to be punished as crimes, in their Confederates.

2. Because they are not forced to a peace, but to a new Warre.For it doth not necessarily follow, that if equall pardon, and common libertie doe seeme to have beene granted to some of the Protestants, by the Trans­action of Prague; they doe presently enjoy a comfortable peace, and a full tranquilitie and quiet of their territo­ries. Nay rather these enticements of Peace, are incitements to a more cruell Warre: that pleasing name of pardon, is an oath to engage Souldiers, neither can any man make use of this pacification, but he must at the same same instant lead on bloudy armes: not against strangers [Page 49] alone, but against his owne Allies and Patrones. To the end that Warre may be rooted out of the Countrey, the Soul­diers are entred into their pay, under new lawes: To the end that Peace may bee restored to the Empire a most blou­die Warre is denounced against many States of the Empire; which made the condition of all the Princes, so much the Worse, that they doe not as free States and Common-wealths, make a Warre upon the common Enemies, at their owne will and pleasure as heretofore they have done, on the behalfe of the Common-wealth for the Libertie of their owne Countrey, and for their Re­ligion and private Estates; but are ra­ther compelled as hired servants and slaves destinated to slaughter, to beare armes against their Allies, fellow Citi­zens and defenders; to waste their strength and substance with extraordi­nary contributions, and to lend their owne bloud to the supporting of for­reigne Soveraigntie; with most severe [Page 50] punishments adjudged against those, who have beene or should bee found negligent in gathering in the Souldiers pay in supplying them with provisions, or in polling and vexing the Subjects e­ven farre beneath the value of their sub­stance. So that the Warre was not extin­guished, nor the exaction taken away, nor depopulations prohibited; but on the contrary, the Warre being before particular, is made generall; the Contri­butions which were extraordinary, are made ordinary; and the oppressions of Cities and Countries are carried on un­der the title of military Iustice: and as all things decline towards the worst, are like to goe on in a more rigorous man­ner hereafter. Let us interrogate the acti­ons of former times, and to the end that we may know things to come, let us runne over those that are past; and (which is the most certaine way of conjecture) let us call to mind things done, and compare them with things to bee done. For if the Emperour hath [Page 51] in his owne Hereditarie Countries un­done some Citizens with feeding 20. or 30. souldiers in a day a piece: if he hath taxed his owne Subjects at a high daily rate towards the payments of Souldi­ers; if he doe continually lay new bur­thens upon his Hungarians, besides the old pay, tributes, and taxations: What can wee hope will become of the Pro­testants, who having beene lately ene­mies, and now friends; rather out of necessitie then any will of their owne, have embraced a Peace, safe for their ad­versaries, but disgracefull to them­selves. Certainely as long as provision of corne shall be hard to be gotten (and so it will be, as long as an Armie of 80. Regiments, such a one as all Europe never set forth against the Turkes, shall range up and downe Germany) the highest and lowest will be oppressed with excessive pilling and ransack­ing; they will bee compelled to har­bour and feed at their owne charge, Souldiers armed at their charge; and [Page 52] both Horse-boyes and Horses belong­ing to their carriages, that were bought with their money; and will be in the end, consumed with the rapines, fire and sword, of those Souldiers upon whom they have bestowed infinite favours. The free Cities of the Empire (as hath beene often done) will be compelled to feed, cherish, and recover, the all-most famished armies, the povertie-peined Regiments, and dispersed troupes; and to doe all that is to be done, to re­lieve and piece them together, even to the new arming of them. And to the end, that they may defend themselves from those most rigorous exactions, povertie shall be desired by them as a happinesse; and that they may avoyd the Executioner, they will desire to fall into the hands of him that is to begge or compound for their confiscate e­states. And in vaine alleadging their rights and immunities before an Army that carries all before it; they shall heare that most insolent speech of Pom­pey [Page 53] to them of Messina when they made the like excuse: Plutarchus in Pompeio. Will you not cease to tell us that are girt with swords, of your lawes and Priviledges? For certainely whilest Mars is in his fury, lawes are silent; ne­cessitie is a perpetuall patronage to an enormous power; neither are the Soul­diers pillages practised under any o­ther title, then that of common indi­gency. Violence defends whatsoever it hath compelled unto, and by a pretext of necessitie: of things unlawfull and shamefull, make things lawfull and ho­nest. But that which is the most mise­rable thing of all, the unhappiest men will not dare to complaine of their cala­mities: miserable men will be forbid­den to shew their condition; the op­pressed will bee compelled to faine themselves happy: and when as in the most secret part of their house they shall by stealing a teare, disclose their griefe to their wives and children, they shall appeare in publike with the counte­nance of another fortune. It will be a [Page 54] crime so much as to make a shew of sadnesse in their fashion or carriage, to give ease to their hearts with justly deserved sighes, and to be more willing to seeme miserable, then to bee so. It will be judged a great favour for a man to grant life to them he hath brought to povertie; to leave a sonne to him, whose brother or wife hee hath slaine; and when hee hath robbed men of halfe their goods, to vouchsafe to restore him a third part: Neither will it bee lawfull for them to lament the losse of the most part of their estate, for feare least all they have should bee taken a­way from them. For where shall poore soules sue for Iustice from their supe­riours? Where shall they complaine of injuries, offered them? By what law shall they recover their goods taken from them?

When as the whole Common-wealth being in disorder, the Emperour alone shall compell the rest of the Princes, being daunted with feare, to bee obe­dient [Page 55] to his ambition; when as the Iudgement of the Imperiall Chamber being neglected, all lawes shall bee at his pleasure alone; and finally, when the equitie of the States being over­throwne, and the libertie of the Ger­mans taken away; the power of life and and death of all afflicted persons shall be onely in his power. 3. The King­dome of Bo­hemia not Hereditary. Let the some­time most flourishing Kingdome of Bo­hemia, and now the publike Theatre of the miseries of the world, stand for an example; the State whereof, when as a­mongst other rights they had preserved unto themselves the intire libertie of Electing a King, and had maintained it both by word and deed, against Fer­dinand II. he being instantly growne the stronger in armes; of a partie became a judge, and decided that domesticall controversie by his owne private arbi­trement; and did put to most cruell tor­tures all those, that did moove against him the controversie, touching the He­reditarie succession: And soone after to [Page 56] the end, that he might establish that spe­ciall act by a generall ordinance; hee publikely declared, that the Kingdome was not wonne by valour; but due to him by succession: When as neverthe­lesse the Customes of all ages, the re­scripts of many Emperours and Popes; and the Coronations of all their Kings, doe manifestly proove, that the Bohemi­ans have hitherto had free suffrages in the Election of their Princes. Ioan. Dubra­vius Episc. Olomucensis. Wenceslaus Hagecius. Cosmas & Pulcava in Historiis Bo­hemia. 1197. 1212. For, that we may seeke no further, when as Pri­mislaus in the yeare 1197. was crowned King of Bohemia at Mentz, by Phillip the Emperour; the Emperour Frede­ricke, II. did by three severall Letters Patents of the yeares 1212. 1216. and 1231. confirme the Election; and did by a sacred rescript declare, by what title, and in what manner the Kings of Bohe­mia should for the time to come obtaine the Kingdome, in these words: De­claring our pleasure to bee, that whosoever shall be chosen King by the Bohemians, doe repaire to us and our Successours to receive [Page 57] his Royall ornaments after the due manner. And the Emperour Charles the Fourth did so openly confirme this suffrage of free Election in the Dyet of the Em­pire held at Norimberg in the yeare 1356. year 1356 that when as he had determined by the golden Bull then published, Chap. 7. that all the secular Electorships should by lawfull succession bee devolved to their Heires; yet he did particularly ex­cept the Kingdome of Bohemia as an Elective Electorship in these words: Saving ever the priviledges, rights, and customes of our Kingdome of Bohemia, upon an Election to be made of their King in case of vacancie, by the Inhabitants of the Kingdome, who have the right of chu­sing the King of Bohemia, according as it is contained in their priviledges; and accor­ding to their continually osberved Custome: which wee doe decree, that it shall now, and in all future times, hold his undoub­ted force and vigour in the whole tenor and forme thereof. Neither ought the pri­vate declaration of the same Emperour [Page 58] Charles the fourth, made in favour of the House of Lutzembourgh, to be op­posed against the publike constitution of the Dyet: both because it was made without the consent of the States of Bohemia in the yeare 1348. year 1348 by Charles, before hee was Emperour, and when he had not so much respect to the Com­mon-wealth, as to his owne domesti­call Interests: and also because all the succeeding Kings of what Family soe­ver, did by their reversall Letters, fra­med after the usuall Bohemian custome, solemnely professe, that they attained the Regall Dignitie by the Decree, and free Election of the States. Even Ferdi­nand the First, although hee were the sonne in law of Ladislaus his predeces­sor; and brother in law to Lewis his predecessor; and grounded his title up­on the publike disposition of his Fa­ther in law by will of the Hereditarie succession of Anne his Wife, in the yeare 1510. year 1510 Yet in a solemne recognition made before the States in the yeare 1526. year 1526 [Page 59] he freely protested: That the Barons, Nobles, Cities, and the whole Commonaltie of the Kingdome of Bohemia, did of their free and good will, according to the liberties of the Kingdome choose him King of Bo­hemia, not of any due, &c. And although he being afterwards induced to it by the Counsels of the Spaniards, in the yeare 1545. year 1545 did indeavour to overthrow that recognition, under a pretence of errour found in it; yet hee being soone taught by experience that unto a Nation most covetous of libertie, it was a thing more pleasing that Kings should bee given, then borne; in an Assembly which hee called at Prague, in the yeare 1549. year 1549 hee did most graciously intreat the States, and most freely obtained of them; that his eldest sonne Maximilian might bee designed King by them. And Maximi­lian againe in the yeare 1575. year 1575 with much intreaty and instat suite, obtained of the States of the Kingdome, that his eldest sonne Rodulph might onely upon some certaine conditions succeed him in the [Page 60] Kingdome of Bohemia: And hee him­selfe by a Trans-action at Prague, e­stablished in an Assembly there, in the yeare 1608. year 1608 yielded up the Kingdome to his Brother Matthias I. upon condition, that the States of Bohemia, and of the u­nited Provinces, should approove this resignation: yea, even Ferdinand II. himselfe in the yeare 1617. year 1617 being com­mended by the Emperour Matthias in an Assembly at Prague unto the No­bles of the Kingdome; and by their consent crowned King of Bohemia; gi­ving (as their manner is) his reversall letters, did amply commend that free Election. What was it needfull for him to desire more, if the Kingdome were due unto him by right of birth? What reason was there for him to gaine those things by suite, and labouring for voy­ces, which the right of his owne birth and title of lawfull succession freely gave him? Besides, why hath there beene none of those Kings children hi­therto found, who after the usuall man­ner [Page 61] of Hereditarie States, would either call himselfe Prince of Bohemia, or suffer himselfe to bee so called by his father? Why did so many forreigne Princes at such times as the government of the Kingdome was often vacant, send Em­bassadors to the Bohemians, and by in­treaty, labouring, promising, and offring of gifts sue, that in that Election consi­deration might bee had of them and theirs? as it appeareth in histories that the Emperour Albert did for his sonne Frederick, in the yeare 1307. the Empe­rour Henry VII. for his brother Walram, in the yeare 1610. The Emperour Si­gismund IV. for his sonne in law Albert in the yeare 1437. to omit many others: Who, if they had believed that the Kings of Bohemia were made by succession, would never in such an abundance of bloud-Royall, in the sight of the whole World have lien in waite for another mans inheritance against all right and justice. Why was the Scepter by the most free suffrages of the States, often transla­ted [Page 62] to other families, although there were many Heires left alive of the prece­dent? as was done both in the yeare 1306. when Wenceslaus the Third, being slaine; and Henry Duke of Carinthia his sonne in law who was a Competitor, being put by, Rodulph the First, sonne of Albert the Emperour, was chosen; al­though the Barons of Suihoven and Ha­semburgh, descended of the Heires male in a right line, were ready to have suc­ceeded; and also in the yeare 1458. when Ladislaus being dead, George Po­dicbradius having no manner of affinitie with the House of Austria or Luxem­burgh, being freely chosen by the States was confined by the Bulls of Pope Pius the Second, and by the rescripts of Sigis­mund the Emperour, year 1459 in the yeare 1459. although Casimire King of Poland, and William Prince of Saxony, whereof the one had married the younger, and the o­ther the elder sister of Ladislaus, did with most earnest solicitation labour for the Kingdome. Why did the youn­ger [Page 63] Princes often obtaine peaceable possession of the Kingdome, when the brethren and eldest sonnes were put by it? as when in the yeare 1324. year 1324 Henry Duke of Carinthia who had married Anne the elder daughter of Wenceslaus VI. being rejected, Iohn I. sonne to the Emperour Henry the Seventh, founder of the family of Luxemburg, and hus­band to Elizabeth the younger, was de­signed and accepted for King by the States. For by the law of nature, and lawfull custome of succession, males are preferred before females, and the elder of the same sex, before the younger. But I forbeare to hold a candle to the Sunne at noone-day, since his Imperiall Maje­stie would have this cause, to be decided not by reasons, but by armes; and doth found his principall title to the Heredi­tary possession of the Kingdome, Ius heredita­rium in regno Bohemiae Ferdinandi II. editum Viennae. 1620 in 4. rather upon the recovery or conquest thereof, then upon their acceptance; having in the beginning of the booke that is pub­lished touching his Hereditarie right to [Page 64] the Kingdome of Bohemia, clearely pro­fessed. That although his Hereditarie right were doubtfull, and the Bohemians have hitherto had some right of free Electi­on; yet now, since the whole Kingdome is come to him by force of armes, and hath re­ceived him for their lawfull Heire all of due, not at their pleasure; it is in vaine to hold any further dispute touching the right of Election; since the Kingdome it selfe being reduced under his power, did now ac­knowledge the hereditary right of the House of Austria thereunto. 4. Innocent Silesia is stripped of her rights. I come now to Si­lesia, and the united Provinces of Bohe­mia: who, where as heretofore, for the defence of their rights and liberties, they did unite themselves to that King­dome; are at this day by this trans-acti­on of Prague; not onely deprived of all rights and immunities, but also by He­reditary right, made subject to a forrein power. The unjustnesse of which Ar­ticle, that it may bee prooved from the very originall of the matter it selfe; it is to be considered that the Province of [Page 65] Silesia was anciently subject unto Po­land, Ioach. Cu­reus in An­nal. Silesiae. editis. Witte­bergae. 1571. and divided by divers Dutchies a­mongst the Princes of the Sarmatian bloud: Afterwards in succeeding times they disdained the pride of the Sarmati­ans, after experience had of the faithfull and friendly offices of the Bohemians in many of their affaires, of their owne free will and voluntary inclination, re­jecting the Imperious command of the Polonians, in the yeare 1331. year 1331 they sued for the protection of Iohn I. King of Bo­hemia: and for this cause, Silesia being assaulted by the Polonians with a most grievous warre, year 1337 and valiantly defended by the Bohemians, did deliver it selfe up wholly into the patronage and protecti­on of the Kings of Bohemia, vpon this covenant and condition; that all their rights, liberties, and priviledges, should be preserved safe and entire. Whereof amongst others, one notable testimonie hath remained untill our times, that the States of that Province doe not sweare alleagiance unto the King elected, un­till [Page 66] till hee have bound himselfe unto them by giving a caution for the ratifying, and maintaining of their lands, rights, and honours; and by the confirmation of them by the signature of his Rever­sall letters, and by a solemne oath. And according to this agreement, the Empe­rour Charles IV. by a speciall Charter given at Prague, the seventh of the Ides of October, year 1355 in the yeare 1355. did for e­ver unite, incorporate, and inseparably ly annex that whole Country with Mo­ravia and Lusatia, Both these are extant in the Consti­tutions of Goldastus, Tom. 4. p. 345. 1356. unto the Scepter of Bohemia: which Incorporation the Princes of the Empire did afterwards approove, at the Dyet held at Norim­burgh in the yeare 1356. and did also confirme it by the Rescript or Declara­tion of Gerlac Archbishop of Mentz, and Lord High Chancellor of the sacred Roman Empire. And in pursuance of this right, the Silesians have ever so li­ved under the King of Bohemia, that they did not onely give their free voice at their Election; but also at their Coro­nation [Page 67] obtained most ample Reversall letters; which it appeareth that even the Austrian Kings themselves did most freely grant; namely, Ferdinand I. the fourteenth of Ianuary in the yeare 1527. year 1527 Maximilian II. in the yeare 1557. Ro­dulph II. in the yeares 1577. and 1609. and even Ferdinand II. in the yeare 1617. Nay further, year 1617 when the last trou­bles arose in Bohemia, the Silesians as­sisted the Bohemians their Confederates, and they were over throwne in the bat­tell of Prague; yet the Silesians would not lay downe their armes untill Ferdi­dinand the Second at a solemne Trans­action made at Preslaw the one and twentieth of Aprill, in the yeare 1621. year 1621 religiously promised the States, that if they would renounce the Election of the Prince Palatine Fredericke, hee would preserve all their rights and pri­viledges unviolated; which promise be­ing confirmed by oath, and a sacred Charter; the Duke of Saxony being then the Emperours Commissary, and Medi­ator [Page 68] for the States, did undertake by caution given, by himselfe to see ob­served.

And although the States of Silesia did forthwith abandon the Prince Pala­tines Partie; yet neverthelesse, the Em­perour in the yeares 1628. year 1628 and 1629. contrary to his covenants and promises, abrogated many of their rights and pri­viledges; the Duke of Saxony conniving thereunto. And the Duke of Saxony himselfe, when as being provoked thereunto by the Emperours Edict, and unjust dealing; hee had stirred up gene­rally all the armes of the Protestants throughout the Empire; year 1631 and had in an hostile manner gotten possession of the Kingdome and head Citie of Bohemia; did stirre up the Princes and States of Silesia, (which till then had beene of neither side) not onely by letters signed with his owne hand the fifth of Aprill 1634. year 1634 to revolt and to maintaine their priviledges as he called them; but also, sending against them Generall Arnheim [Page 69] with a huge Armie, compelled the Dukes and Cities which till then stood doubtfull; partly by threatnings, and partly by open force unto rebellion, and put Saxon Garrisons into the chiefe Ci­ties and Fortresses. year 1635 And yet neverthe­lesse afterwards, his purposes changing with the fortune, hee was the first that started from the Generall League; in­tending to purchase his owne establish­ment with the ruine of his Allies; and suffered the most unfortunate States of Silesia (who relying upon his authori­tie, and assurance, and justice of the Common cause, did not at the first take armes, but joyned their armes to the Saxons) shamefully to be excluded out of the Amnestia; being innocent, and deserving no ill, and delivered them o­ver to be punished at the Emperours ab­solute will and pleasure; and did by his answer given the fifteenth day of Iune, year 1635 with cold comfort send away their De­puties and Embassadors (craving per­formance of publike faith) to the Em­perour, [Page 70] to begge his pardon. And so having deserved singular well of Silesia, he expiated the crime of his owne rebel­lion, with the punishment of his inno­cent friends: and not content to have wasted the most noble Province of Ger­many with Warre and rapines; he expo­sed the innocent Inhabitants, and such as had not beene offendors, but by his instigation, to the pleasure of their Ene­mies. And for a reward of this his no­table service done to the Empire, or ra­ther of his egregious treacherie, hee hath upper and nether Lusatia bestow­ed upon him; year 1621 which being heretofore against all right and justice, hewen a­way from the roote of Bohemia, the Em­perour had ingaged unto him by way of morgage, for the charge of the Bohemian warre. In the collation of which Pro­vince, the unjustice of both seemeth e­quall; as well of the Emperour in being profuse of another mans estate; as of the Saxon in making an unlawfull purchase. For to repeate shortly the originall pro­ceedings [Page 71] touching this Province also; when as Lusatia in the yeare 1075. year 1075 be­ing bestowed by the Emperour Henry the Fourth, upon Vratislaus the first King of the Bohemians, together with the Crowne, for a reward of his valour, was shortly after assigned by Wenceslaus with the one eie, in the yeare 1191. year 1191 to Otto of Brandenburgh, as a dowrie with his Daughter Beatrice: After the death of the Marquesse Walderam (who died without issue) in the yeare 1312. year 1312 at the request of the Inhabitants, it was resto­red againe by Iohn the First, King of Bohemia, in the yeare 1319. year 1319 and by the Charter of the Emperour, Lewis the Fourth, in the yeare 1328. year 1328 was insepa­rably united to the Crowne: Which u­nion Charles the Fourth, did afterwards by a publike Edict confirmed in the Dyet of Norimbergh, in the yeare 1356. year 1356 to settle and establish, that this Province being for ever appropriated, indivisibly annexed, and inseperably added to Bohe­mia; could never be transferred to a for­reigne [Page 72] government, without the assent of the States themselves. Therefore Wenceslaus the Eighth, year 1411 in the yeare 1411. and shortly after, his brother Sigismund the Emperour, in the yeare 1414. being intreated thereunto by the foure States of the Province; did by speciall privi­ledges and Cautions for ever provide, that it should never after by any title, be alienated from the Kingdome of Bo­hemia. Which right and priviledge the Inhabitants themselves have beene so carefull to maintaine; that when as King Laudislaus Nephew to Sigismund, had sold the same for a valuable price to Ferdinand the Second, Elector of Bran­denburgh: when hee was dead, George his successor being mooved with the mony and suite of the Subjects; did in the yeare 1470. year 1470 restore it to the King­dome: this being established as an In­violable law, that it should never after by any pretext whatsoever, be alienated from the very bowells of the King­dome. And yet in our age Ferdinand [Page 73] the Second, year 1620 that after he had taken away the generall harmonie and Concord of the Kingdome of Bohemia, together with their rights: when hee had cut the sinewes of the body, hee tore in pieces the feeble members, he purchased the op­pression of the Lawes and Immunities of the whole Kingdome; by the dissipa­tion of the Provinces anciently united to it. And as one not so much liberall of another mans estate, as prodigall of that which was none of his owne; he sold a portion of the Elective Kingdome, that hee might make the whole, Here­ditary to him and his.

But to come to that which is the chiefe point of the whole businesse. 6. The Electo­rall dignity unjustly conferred upon the Bavarian. At this conspiracie of Prague, the chiefe of the secular Elector-Princes; and the Prime member of the Empire next unto the Emperour; being not so much as called: unheard, unconvicted, is strip­ped out of his Hereditary rights; and his Territories and Dignities are distribu­ted to the Bavarians and Spaniard, for [Page 74] the service they had done to the Empe­rour against him; and that expressely contrary to the fundamentall lawes of the golden Bull Chap. 3. and against the Emperours owne Capitulation, in the 36. Article, which ordaines, That the principall member of the Empire, and the bases and pillars thereof, the Electors; and especially the seculars, should remaine un­shaken. Neither is there any other co­lour given for that, unheard of proscrip­tion; then the unhappinesse of the Bo­hemian Warre: In which, when the Prince Elector Fredericke the Fifth, had engaged himselfe as in a particular qua­rell, betwixt the States of Bohemia, and their King Ferdinand the Second. Fer­dinand in the meane time, his good for­tune favouring him, being advanced to the Empire; out of a private cause, devi­sed a publike crime; and so farre tradu­ced all the actions of the Prince Pala­tine, undertaken against him as King of Bohemia; as to bring them within compasse of treason against his Imperi­all [Page 75] Majestie; when as hee had com­mitted no offence at all, neither against the Empire, nor Emperour: nay, on the contrary in the Assembly of Frank­ford, year 1620 had assisted Ferdinand the Second with his voyce; and did desire that the Controversie, touching the Scepter of Bohemia, might bee decided by an ordi­nary tryall, all hostility laid aside. Ne­verthelesse, Ferdinand being growne the stronger not in right, but in power; and having overthrowne the Bohemians at the White Hill, commonly called Weissemberge: did not onely proscribe the Prince Palatine unheard, and his cause never understood: but also ha­ving divided the Palatinate betwixt the Bavarians and Spaniards; did upon his owne private pleasure, the States of the Empire being never consulted with; grant unto Maximilian Duke of Bava­ria, the Electorall Dignitie, which hee had promised unto him, upon a league made betwixt them at Munchen, long before the Bohemian troubles: and one­ly [Page 76] through private and domesticall ha­tred, 1619. Henricus Stero Alta­hensis in An­nalibus, A. 300. Aventinus lib. 7. Annal. Boior. p. 587. deprived him of all his rights and Territories; unto whom of ancient right it belonged to take cognisance of causes mooved to the King or Empe­rour of the Romans. As if the Austrian Emperour could by any right transferre the most noble Fees and Seignories of the Empire, according to his owne pri­vate fancie; and bestow them upon such as have deserved well of the House of Austria, meerely at his owne pleasure: who, as it appeareth by the 28. Article of the golden Bull, cannot dispose so much as of a County, or any other estate or fortune being devolved to the Em­pire, without the consent of the States of the Empire. The Electorships, Dutchies, and Counties, be Fees of the Empire, not of the Emperour; but as hee is the Head, Minister, and Vicar of the Empire: and therefore he doth not re­ceive the Oath of Alleagiance of the Princes in the name of himselfe, but of the Empire. And at the breaking up of [Page 77] the Dyet of Auspurgh, in the yeare 1555. year 1555 it was ordained; that the Controversies which arose betwixt the States of the Empire, touching the Imperiall Fees and Seignories, should not bee decided, but in the generall Assembly of the States. And for this cause Henry the Se­cond, King of France, in the yeare 1551. year 1551 did by his Embassador justly com­plaine, before the States of the Empire; that Charles the Fifth, his cause not be­ing heard, and his right neglected; had bestowed upon his sonne Philip the Dutchie of Milan and Vicarage of Si­ena, without their consent, or approba­tion. And the Emperour Rodulph II. in the yeare 1598. year 1598 did most Heroically an­swer the Spanish Admirall demanding the Vicountie of Besanzon in the name of the King his Master, That the Fees of the Empire could bee taken away from no man, nor be transferred upon any other, with­out the consent of the Electors and States. Certainely, according to the ancient cu­stome of the feudall lawes, the Con­troversies [Page 78] concerning Fees ought to bee determined by the Iudgement of the Peeres. And if a question doe arise be­tweene the Lord and his Vassals concerning any matter of Fee, it must be decided by the Peeres of the Court, lib. 1. de feud. tit. x. sec. 1. And they ought to determine Contro­versies touching benefices, who doe hold be­nefices of the same Lord, lib. 1. tit. 26. And although the Emperour did desire to have such an apparant injurie approo­ved by the States of the Empire, year 1623 in the Dyet held at Ratisbone, yet the Electors of Saxony and Brandenburgh, and many other Princes of the Empire did by their Embassadors make protestation, and alleadge; That the Translation of the E­lectorall dignitie upon the Duke of Bava­ria, was contrary to the Constitutions of the golden Bull, to the fundamentall lawes of the Empire, to the declaration of the Empe­rour Sigismund the Fourth, to the cu­stomes of feudall right; and in a word, to the accords and covenants agreed upon be­twixt the Houses of the Prince Palatine, [Page 79] and Bavaria, long since established, by the providence of their fore-fathers; and strengthned with the proscription of almost 300. yeares: That the Prince Palatine was condemned, being never summoned, never heard, and his cause never opened: When as hee neverthelesse was not the au­thor of the Bohemian troubles; and many that were partners in the same crime, obtai­ned pardon of the Emperour; and that therefore they could not consent to such a precipitate proscription, and stripping him out of his Estate. And therefore also, when as the Emperour rejecting all these exceptions, oppositions, and pro­testations of the States, bestowed the Fee of the Electorate upon the Duke of Bavaria: the Embassadours of Saxony and Brandenburgh, refused to be present at the ceremonies of his Investure; least by their presence they should seeme to have approoved so enormous an act of injustice. And a little after, the same E­lectors did by their letters sent to the Emperour from Amburgh; complaine [Page 80] of the violation of the right of their Colledge of Electors; and by a pub­like instrument under their owne hands, did confirme and make good all that had beene said and done by their Embassadors. And although the yeare following, the Duke of Saxony being drawne on by the cunning of Ludovike Landgrave of Darmstadt, year 1624 did at the Con­vention of Schleufingen receive the Duke of Bavaria, into the Septemvirall Col­ledge for a time; perswading himselfe, that that Colledge being made com­pleate, an universall Peace would be e­stablished in the Empire. Yet that ad­mission being made upon certaine con­ditions; he protested, hee intended not that any thing done should prejudice the rights of the House of the Prince Pa­latine, nor the protestations exhibited by his Embassadors at Ratisbone: Which afterwards both in the Conven­tion at Mulhausen, year 1627. 1630. and at the Diet of Ratisbone; and in severall Declarations and resolutions, sent unto divers Princes [Page 81] of Europe; and even in that league made at Torgaw, in the yeare 1631. year 1631 with the King of Sweden and Elector of Branden­burgh; he did ever constantly acknow­ledge and affirme: having protested in all places, and before all men; that no Peace was ever to bee hoped for in the Empire, without restitution of the House of the Prince Palatine. There­fore with what conscience dareth hee at this day publish that Trans-action to have beene just, sacred, and most profi­table to the Empire: Whereby, it is not onely certaine, that the equalitie of voy­ces being taken away amongst the seven Electors, the Protestants will ever goe downe the winde; but also, so long as there shall be one drop remaining of the Palatine bloud, from which this digni­tie if not regall; yet certainely next to it, is so violently taken away against all right and Iustice; it is manifest, that Germany will bee perpetually infested, with new troubles. For be it admitted, not granted, that the Prince Palatine [Page 82] hath by such heinous crimes deserved proscription, and stripping out of his Patrimony: By what law or right, are his children, brother, and all his Kins­folkes, as innocent and giltlesse as him­selfe, though differing in cause, involved neverthelesse in the same punishment: When as both his sonnes before their Fathers offence had the Electorall dig­nitie, belonging to them by right of suc­cession; and also by the Common law of Fees it is manifest, That the offence of one of the Heires of the Fee doth not preju­dice the rest, lib. 2. de feud. t. 78. and yet the act of a brother doth not hurt his brother in his Hereditary Fee. tit. 93. Yea more, if a vassall shall commit so enormous a crime, that he or those that descend of him, ought to be deprived of his inheritance; yet his kinsfolkes in the fourth degree are to be restored to the possession thereof, lib. 2. tit. 26. And therefore very wisely the Duke of Neuburgh being neerer of kinne to the Princes Palatine, year 1623 then to the Bava­rians, obtained of the Emperour rever­sall [Page 83] letters, whereby provision was made, that this Trans-action of Electo­rall Dignitie upon the Bavarian should at no time, nor in any sort prejudice the right of himselfe, or of his, founded up­on a nearer degree of bloud.

Neither doth this appeare to be a lesse argument of so barbarous an injurie, that the whole Electorate being trans­ferred upon the Bavarian; yet the Ter­ritories are divided amongst divers Princes; and the upper Palatinate is assigned to the Bavarian, and the lower to the Spaniard, for the charge and ex­pense of the German Warre. Whereas by the Constitution of the golden Bull, Chap. 25. (the title whereof is, year 1356 Of the intirenesse of the Principalities of the Electors) Those Illustrious and magnifi­cent Principalities; that is to say, the Kingdome of Bohemia, the County Pala­tine of the Rheine, the Dutchy of Saxo­ny, and Marquisat of Brandenburgh, and their Lands, Territories, and all other things belonging to them, cannot, nor ought [Page 84] upon any condition whatsoever, be cut in pie­ces, divided, or dismembred.

7. The Bavari­ans had an­ciently no right to the Electorship.The Bavarians perceiving the cause of translation to bee entangled with these difficulties; and having many ages since sought for some pretext for their ambition, doe devise most ancient titles for their new usurpation; and doe af­firme that the Electorall dignitie was not so much conferred upon them by Ferdinand the Second, Gewoldus de S. R. Imperii Septemuira­tis c. x. Fabius Her­cynianus Cancellariae Anhaltinae. P. 11. p. 83. 1215. of his grace and favour to them, as recovered for their due by force of armes; and if it being most unjustly taken away from the House of Bavaria by Charles IV, in the yeare 1354. was in respect of affinitie translated to the Family of the Prince Palatine of Rhyne: And that therefore the Princes Palatine unjustly; but the Bava­rians most justly did complaine of the alienation of the Electorall right; and that they may therefore lawfully com­mence their suite for the recovery of the profits thereof, which have beene enjoy­ed ever since Charles the Fourths time. [Page 85] Therefore to the end, that the impu­dence of this Imposture may bee made manifest to all men; it will be necessary to open the state of the whole matter from the beginning. Ever since the first institution of the Electors; the right of electing the Emperour hath beene in the power of the Counts Palatine, which were also Dukes of Bavaria, as is mani­fest by the ancient Histories of those times. And in the yeare 1215. year 1215 by the mariage of Otho Duke of Bavaria, with Agnes, daughter of Henry the last Count Palatine; the Palatinate of Rhine was united with the Dukedome of Bavaria, and Otho himselfe the first of the Family of the Bavarians, in the right devolved unto him by his wife, became Elector: So the dignitie united with the Seigno­rie, year 1295 remained in the House of Bavaria untill the yeare 1295. At which time Lodovike the Third being dead, his sonnes divided his inheritance in this manner: that Rodulph his eldest should hold the Palatinate, with the right of [Page 86] Electorall power; and Lodovike the younger, the upper Bavaria; and after his brothers death, hee should hold the power of Election for terme of his life; as appeareth by the Trans-action made betwixt them at Munchen, 1313. Extat apud Gewoldum de S.R. Imp. Septemvi­ratu. p. 224. 1314. in the yeare 1313. But Lodovicke the younger, fol­lowing the fortune of the Warres; whilest he bore armes against the Au­strians, in the yeare 1314. was declared Emperour by the Major part of the E­lectors; his brother Rodulph and the Electors of Saxony and Collen, bestow­ing their voices upon Fredericke III. of the House of Austria. Whereupon grew a civill Warre in Germany; Lodo­vike of Bavaria being the stronger in armes, stripped his Brother Rodulph, ta­king part with his enemies, out of all his Territories; and having proscribed him, forced him with his children to retire into England; where, a little while after, year 1317 with griefe of heart he died. Yet soone after that, Fredericke of Austria being taken prisoner and deposed: Lo­dovike [Page 87] the Fourth, mooved with com­miseration of his Brothers children, did by the Trans-action of Norimburgh, year 1329 in the yeare 1329. restore to Rodulph the Se­cond, and Rupert, Extat imper­fecta apud Gewoldum. p. 218. sonnes of his Brother Rodulph the First, their Hereditary Seig­nories and dignities, vpon this conditi­on; that they yielding up the preroga­tive of the Electorall right, should di­vide the Septemvirall Suffrage, with his sonnes Lodovik and Stephan; and so both of them in their turnes should E­lect the King of the Romans; which Transaction, though extorted from him by force, hee did yet cause to bee publi­shed in the Dyet at Franckford, year 1339 in the yeare 1339. But the Emperour Lodovike the Fourth, being excommunicate and dead; when Charles the Fourth, King of Bohemia, sonne in law to Rodulph the First; year 1342 and Brother in law to the Bre­thren Palatine Princes, came to sway the Empire; Rodulph the Second, and Rupert the Palatine Princes; complai­ned to the Emperour their Kinsman by [Page 88] marriage, of violence and injurie offered them; and challenging the entire right of Election to belong unto them, as be­ing the eldest sonnes; did sue to have the Trans-action of Norimburgh, touching the alternative Election betwixt the House of the Palatines and Bavaria; a­brogated, as being most unjust, and ex­torted from them by force. So Charles the Fourth favouring the most just cause, caused the businesse to be brought into debate; and having obtained the consent of all the Electors and States, year 1354 in the yeare 1354. restored the Hereditary right of the entire Electorall Suffrage unto Rupert I. the Palatine Prince (for his elder Brother Rodulph a little before, year 1356 in the yeare 1353. died) and excluding Lodovike and Stephan Dukes of Bava­ria, published an ordinance touching the right and succession of the Counts Palatine, in the voyce and election of the Roman Emperour; and caused it to bee sent unto all the Electors. Yea, and about two yeares after, in the yeare [Page 89] 1356. in a Diet held at Norimbergh, 1356. Extat u­trumque Mandatum & Diploma apud Golda­stum. Tom. 4. Constit. Imper. p. 345 cau­sed a publike Charter, confirming the same, to be approoved and signed by all the Electors. Which he the more easily effected; because in the same Diet hee had conferred upon Lodovike the Ro­man, sonne to Lodovike the Fourth Em­perour; the Marquisate and Electorate of Brandenburgh: as a recompence for the right of the Palatine Electorate.

Whereby it appeareth, that it is a most false calumnie of them that affirme that the Counts Palatine did by the conni­vence of Charles the Fourth, take away from the Bavarian, the ancient right of voyce and Electorall dignitie. When as on the contrary, it is manifest out of au­thentike records, and all the Histories of those times; that the Princes Palatine did in no sort invade any right of ano­ther mans, and that was not due to themselves: but did recover their Here­ditarie rights which was extorted from them by Lodovike the Fourth, by force and fraud; and did unite it for ever to [Page 90] the House of the Palatines of Rhyne; by the consent of all the Electors and Princes of the Empire. And conse­quently, that the Bavarians before their late intrusion, had never any right at all to the Electorate: nor were ever like to have, otherwise then by a violent de­tention. For, let both the translations be compared; that of Charles the Fourth, upon the Prince Palatine Rupert: and of Ferdinand the Second, upon Maximilian of Bavaria: and the Iustice of the one, and the injustice of the other will ap­peare more cleare then the noone-day. In the one, Charles the Fourth, did not so much out of grace bestow the Electorall Dignitie upon Rupert the Prince Pala­tine, as of due restore it being taken a­way from his Vncle by force. In the o­ther, Ferdinand the Second, granted the Dignitie, being taken away from the Prince Palatine Fredericke the Fifth, without desert, unto the Bavarian: who can pretend no right at all unto it. In the one, Charles the Fourth having formerly obtained the consent of all the [Page 91] Electors, did in the publike Assembly of the Empire restore unto the Prince Pa­latine the Suffrage of Election: even Lodovike the Roman, Marquesse of Brandenburgh, assenting thereunto. To whom it most properly belonged, to perpetuate so great an honour to his Fa­mily. In the other, Ferdinand the Se­cond, upon the league made at Mun­chen; for sending of aide against the Bohemians, sold the Palatinate to the Ba­varian, before the Prince Palatine had set a foot in Bohemia: and against the publike exceptions, oppositions, and appeales of all the Protestants, thrust Maximilian into it by force. Lastly, in the one, Lodovike surnamed the Roman, sonne to the Emperour Lodovike the Fourth, having received the Electorate of Brandenburgh, in the yeare 1352. year 1352 upon the resignation of his brother, Lodo­vike the first: did by a solemne renun­ciation yield up the right of the Pala­tine Electorate, to his Cosin Germane: In the other, the Elector Palatine did [Page 92] neither in his owne name, nor in the name of his Brother or Kinsfolkes ever renounce his so lawfull right: but ra­ther chose to undergoe all extremities, and even a ten yeares banishment; then he would suffer himselfe to be so unjust­ly deprived of so illustrious a dignitie. For, as for that which by the Trans-acti­on of Prague, is offered to the Princes Palatine; that if laying aside the right of the Electorate, they will come like humble suppliants, and begge pardon of the Emperour: lands and revenues, competent for their family and descent, should bee assigned unto them: it is much like to the pleasant devise of the Triumvirie in Rome, wherein this fa­vour was granted unto him, Dion Cassius Histor. lib. 47. p. 336 that should willingly yield up the possession of his whole estate; that he might afterwards be repossessed of a third part of it. And that was (saith the Historian) to receive just nothing at all; and besides, to loose all their labour and travaile. For they who were stripped by open violence [Page 93] of the whole two parts of their estate, how should they receive a third part backe againe: especially when their e­states were sold to the souldiers at so cheape rates? Besides, this Injurie done to the Prince Palatine, threatneth the like to the rest of the Princes: and the exclusion of the chiefe of the Princes, draweth with it the ruine of the infe­riour States. For if the Austrians, be­ing conquerours, bee not ashamed to deale so shamefully with the Head of the Electors, what can wee hope will become of the rest of the members of the Empire: who neither in power, nor dignitie, nor amitie of strangers, are to be compared with him? Certainely, whosoever of the Protestants shall apply themselves to their partie: they will ac­cording to the example of the Duke of Saxony, be bereaved of their strēgth, their fortresses, and their owne troupes: and being by that meanes made naked, fee­ble and disarmed; shall onely beare the empty name of the Austrian Commis­saries. [Page 94] And whosoever shall refuse pre­sently to yield his necke to the yoake which heretofore the Germans have bin unacquainted with; and shall not with closed eies accept of any Articles what­soever: they shall forthwith, after the examples of the Dukes of Wirtembergh, be proscribed as enemies of the Empire; and guilty of treason against his Impe­riall Majestie, and be stripped of all their Patrimonies. The Imperiall Cities, which were anciently free after the ex­ample of Donawert, Ratisbone, and Au­spurgh, shall bee delivered up to their Allies for the expences of the Warre: and under the name of being mor­gaged, shall bee inslaved in perpetuall servitude to usurping Lords. But for Germany, enough; and perhaps more then was fit, hath beene said of it. I would to God there had not been more and more odious things done, then hath beene said: and that worse mischiefes were not to be feared, then are to bee re­lated.

IT remaineth, now, that wee should in a few words declare the Injuries done to Princes, and forreigne Kings by this Conspiracie of Prague. And first of all; it was no small thing strange, that our Triumvirs have so shamefully exclu­ded and rejected from the benefit of the Common Treaty, the Princes and States of Germany: whose strengths and terri­tories they had already swallowed in their most greedy hopes. But this see­meth unto all men very absurd; that the same men having neglected, and prostrated the right of Majestie; have remooved out of the Councell of pub­like [Page 96] like pacification so many Kings and Kingdomes, having no dependance up­on the sacred Empire: whom it princi­pally concerned that tranquilitie should bee restored to Europe, and libertie to Germany; and have as it were, with the power of a Dictator denounced a most deadly Warre against all those, that should oppose their Triumvirate.

For, to say nothing of those renow­ned Princes; the King of Great Britaine, whose Sisters Children, after so many windie and dilatory promises; are so cruelly kept out of their possessions, and Hereditary rights. The King of Den­marke; from whose son, without hearing or understanding his cause; the Arch­bishoprick of Bremen, with the Suffra­gane Bishoprickes were taken away in so judiciall a manner. The united and Confederate States of the Low-Countries against whom, under the title of resto­ring the Germane libertie; armes joy­ned in conspiracie with the Spaniard, are taken up. That is against all man­ner [Page 97] of reason, and deserves not so much as any shew of excuse; that the King and Kingdomes of France and Sweden, being engaged in Common armes, and united in a joynt Warre with the Chiefe of the Protestants; are so disgracefully proscribed against the law of Nations: and are commanded like slaves and vas­sals, to obey the Commands of the Spaniards: and if they doe otherwise, they are not to be rowted (forsooth) but to be swallowed up quite withan armie of 80. Regiments: As if they were not able to obtaine their common peace, as a reward of their owne valour; but one­ly as the gift of anothers power: or that they ought rather to begge their publike safety, as of the good will and pleasure of their enemies; then by con­quering Armies to wring it from them, being brought upon their knees; or as if they were ignorant, that the friend­ships of enemies are false hearted; and that peace voluntarily offered is more deceitfull, then rest purchased by strong [Page 98] hand. For, what can be more unjust, or more sencelesse; then for forreigne Kingdomes, over which, neither the Emperor, nor the Empire have any com­mand to accept at the pleasure of the Austrians, and Saxons, a disgracefull, dishonourable, and uncomely Peace; and no lesse calamitous, 1. Because the Swedes ma­king Warre in their owne name, ought to make an a­greement in their owne right. 1626. then ignomi­nious to themselves, and their Allies. Especially, when as the most renow­ned King of Sweden had in his owne name denounced. Warre against the Austrians, for particular injuries done to himselfe; and set it on foot, the Saxon at the first labouring against it. For in­deede, when as in the yeare 1626. that great Gustavus set forward with his Armie in Prussia, against the Polonians: the Austrians being never so much as provoked, sent forth the Duke of Hal­satia, with the Imperiall forces and bad­ges, against the Swedes. And in the yeare 1629. year 1629 besieging Stralesand, contrary to their faith and promise given: they shut up the commerce of the Baltike [Page 99] Sea: and cast the Dukes of Meckle­burgh out of their Hereditary Estates; being proscribed, and their cause never heard. That glorious King being justly instigated by such notorious Injuries; did endeavour to recover the safety of himselfe and his friends, by Armes; year 1630 which hee could not obtaine by a friendly Treaty: and transporting his Armie into Germany; did in his owne name; and under his owne conduct, make warre upon the Emperour: and intimated the causes of this revenge, being as necessary as lawfull, unto the Colledge of Electors. But having o­ver-runne many places with conque­ring armes; hee did in his owne par­ticular name, and in the right of his owne Majestie; make divers accords with the Emperour, Electors, and Commanders of his enemies Armies: and shortly after joyning the Prote­stants to him, year 1631 after the Victory of Leip­sich: hee either made, or attempted to make publique Confederacies. Not [Page 100] with the Emperour and Leaguers a­lone; but also with the Principall States and Circles of the Empire: the Saxon not onely conniving thereunto; but also granting to that most prudent King, full authoritie and power to make peace. Therefore with what Iustice can hee at this day exclude the Swedes, from having their part in the Common Treatie; who doe still pro­secute the same Injures: and those that be more grievous ones then they, with a warre no way mittigated; but rather more incensed? With what conscience can hee envie the according of a pub­lique Peace to them, who have under­taken a Warre upon private and parti­cular causes; and at their owne particu­lar charge? Why doth hee forbid those to negotiate, for the remedies of their mischiefes; whom it chiefely concer­neth to have those mischiefes remoo­ved? The quiet, peace and libertie of all are indivisible, as their warre and injuries were: neither can any better [Page 101] endeavour the reparation of their lost tranquillitie; then they that labour to purchase peace, with the hazard of their owne lives.

Now if this exclusion of the Swedes, 2. Because the Duke of Saxony in his owne private re­spect oweth revenging imprecati­ons to the Sweds. doe at the first sight appeare to bee un­just; it is made much more unjust, by the person of the Saxon. For when the most renowned Gustavus did revenge his private Injuries, by a particular War against the Emperour; the Duke of Saxony having for another cause, stirred up the Protestants to a rebellion: he, and his being besieged and lost, did according to the league made at Torgaw, year 1631 entrust all the fortunes of the Prote­stants, to the valour and protection of the Swedes: and entred into a societie of Armes and Counsells with them; and so being delivered from the present danger of the particular cause of the Swedes, he made the common cause of all the Protestants; and turned this pri­vate warre into a publique defence. And though now as a perjured man, [Page 102] against his faith given, and confirmed by his oath and signature; hee doth revolt from his Confederates, and labour to purchase the amitie of his Enemies, by a Triumvirall conspiracie. Yet the Swedes will not therefore presently fol­low that most wicked example, and renounce their right; and basely laying downe their Armes, desist from re­venging their private Injuries. Which, as before their unhappy Societie entred with him, they had valiantly begunne to doe: so after his infamous divorce from them, they will no lesse happily execute. For having amongst them so many domesticall examples of vertue, they will not bee imitaters of other Princes in frauds, and perjuries; but in valour and brave actions: as certaine­ly knowing, that hitherto, perfidious crueltie, cowardise, and calamitie, have bene on the Enemies side: and on their side fidelitie, assistance of their Confe­derates, valour, and therefore also for­tune. And as becommeth brave spirits, [Page 103] they had rather in a good cause die vali­antly, then flye cowardly. Therefore the Duke of Saxony, is so farre from being able out of his imaginary pleni­tude of power, as the Protestants Di­ctator; and Austrian Commissarie, to command the Swedes to accept of a peace, whether they will or not; or to make an accord with the Emperour in their name: that on the contrary, al­though the Emperour would have granted all their petitions, and righted all their Injuries: yet notwithstanding, they have reason, to set on foot, a new and more heavie quarrell against the Saxon. And to bring against him a charge of perfidiousnesse, perjurie, breach of covenant, forgetfulnesse of good turnes; and violation of the law of Nations. Let him therefore first in his owne name, make an accord with the Swedes, for the Injuries done by him­selfe: and afterwards by the Empe­rours Commission, he shall decide the Controversies of the Empire. Let the [Page 104] perfidious man purge himselfe; and let him first excuse his owne crimes, be­fore hee defend other mens.

3. Because the Swedes can­not basely forsake their leagues and their troupes. See the Acts and Treaties betwixt the Sweeds and Saxons, conceived in the yeare 1635. n. 17. 19. and 28.Neither is this of lesse importance to bee considered; that the Swedes, after they had once undertaken to defend the Cause of the Protestants, and the Liber­tie of Germany; they made reciprocall leagues with many Princes and States of the Empire, for the defence of the publique Weale. As with them of Stralesund, the fifteenth of Iuly, 1628. With the Duke of Pomerane, the tenth of Iuly 1630. With the Elector of Bran­denburgh, the first of September 1631. With the foure higher Circles, in the As­sembly of Frankford, in the yeare 1633. And with the States of the Lower Sax­ony, in the Convention at Halberstadt. And so having called in most parts of Europe, to the defence of their libertie; they gathered together most puissant Armies out of many Nations: and ha­ving by their valour put their enemies to the sword; at their owne great [Page 105] charge, and greater toyle; they tooke many Cities of Germany, and much Munition: and defended them with the inestimable losse of their King. And therefore they cannot with the safety of their honour and reputation, cowardly abandon places valiantly gotten; un­lesse they restore all things unto their entire condition: nor frivolously dis­band an Armie no lesse famous, then noble, without giving them their meanes. For it would bee wonderful­ly ridiculous, that they should have got­ten so many most strong Forts, with huge expences and dangers: to this end, that they should presently after restore them againe at the pleasure of their E­nemies: and that they should have bound so many most choice, noble, and brave men, with a Military Oath, to the end, that they might casheere them a­gaine, when their bodies were maimed, their meanes spent, and their wounds yet gaping, miserable, naked, and un­armed: and as banished men forbidden [Page 106] the use of fire and water. This is the propertie of the Saxon, and his Confe­derates, to value the bodies and soules of the souldiers at a farthing: to relieve his starved Armies with the oppres [...] on of the subjects; basely to abandon things rashly gotten, to alter or change his friendships and hatreds, according to the inconstancy of Fortune: and in a word, to interpret the Triumvirall pre­scription, by the name of a generall peace. The Swedes being as noble as famous for their lawrell wreathes, as for their traffique: doe reverence valour as well as Constancie; and as they are wise in a gowne, so are they coura­gious in a souldiers coate. When the losse or hazard of honour is in questi­on, they had rather have a bloudy warre, then a fruitlesse peace; and doe rather choose to redeeme their Confederates by an honourable death, then to for­sake them by disgracefull flinching, and secret turning their backes. As people that have well learned, that whatso­ever [Page 107] doth any where concerne their friends, doth also concerne themselves, and that a part of the common detri­ment reacheth unto them as particular persons. Wherefore they will never be induced by any reason or force to be so unworthy; as by a base neglecting of the warre, to delude their Confede­rates; prostitute their friends; and ra­ther to admit of peace upon what con­ditions soever, then to treate for it. And rather with readinesse to embrace the friendship of their enemies, then to de­serve it. Especially, since they doe assu­redly know; that no length of time, no oblivion, shall ever wipe away the sense of that danger, whereunto the House of Austria saw it selfe exposed by the Swedish forces; and even brought as it were, to the last gaspe. Hee doth not well know the condition of that nation, that doth thinke that any such thing, can fall from them. The nature of Spaniards is long to remember of­fences, but quickly to forget good [Page 108] turnes. And howseover that Caesar of old time would often say, that hee could remember all things saving In­juries: the disposition of this present Caesar is not so; who doth not onely never forgive nor forget the injuries, which hee imagineth to bee offered to himselfe and his House: but also watching for a fit occasion for a whole age together, doth revenge it upon the innocent Children, and grand-children. It can therefore by no right or reason be required of the Swedes, that as persons content with the suretiship and under­taking of the Saxon, who hath often so perfidiously deceiyed them; they should carry away their conquering armies out of the Empire: that they should abandon a publike warre with­out good securitie of an universall peace; and commit all the forces and fortunes of themselves and their Allies, to the uncertaine will and pleasure of most mercilesse enemies. As if after their warre so valiantly and so happi­ly [Page 109] managed; they were to carry away no other Trophyes▪ but the immortall hatred of the Austrians: no other Tri­umphs, but the everlasting threats and heart-burnings of the Spaniards. But I cease further to impaire or blemish the most renowned acts of that Victorious Nation, with my weake and poore lines. Which, as in time past, when the Roman Empire was destroyed; it did restore the West part of the World to her libertie: so at this day having her in­tentions bent upon the restitution of the Germane safety; The defends her owne cause better by armes then by pens; and desireth not so much excuses for her actions, as praises and ac­clamations.

I Come to the French, a people breathing libertie, by the ve­ry derivation of their name. Who, when as by very good right, and with a most pious purpose, they had engaged themselves in the common Warre: by the decree of the Triumvirate of Prague, against all right, and contrary to all pietie; were not onely rejected from the publique pacification; but also proscribed as e­nemies of the Empire; favourers of Heretikes; instigators of Turkes, and disturbers of the Christian Common wealth. And under colour of a Warre against Lorraine, are commanded to be [Page 111] destroyed with the whole power of Germany joyned together. Indeed, 1. Because the most Chri­stian King by the right of Protecti­on hath pre­served the Catholike Faith in the Empire. 1631. when as in the yeare 1631. the most renow­ned King of the Swedes having over­throwne the Forces of the Austrians, and of the Leaguers; did runne through the Empire without resistance, (the Em­perour being afraid of him; the Bava­rian flying; and the Spaniard not so much as whispering against him) and took possession of the best Provinces & Cities of Germany: and by that meanes brought the affaires of the Catholikes into grievous straights▪ and to most im­minent destruction. The most Chri­stian King being ever heretofore a sub­duer of Heretikes; and a defendor of the Catholikes; fearing least by the pro­gresse of this civill warre, the cause of Religion might receive prejudice: did not onely by sending Embassadors to that victorious King, obtaine for all the Catholikes, which were brought under his command; a full libertie and exer­cise of their Religion; but also offering [Page 112] to the rest the remedie of Neutralitie, tooke into his Royall defence and pro­tection, the Archbishopricke of Triers, the Bishoprickes of Spire and Basill: and very many other Dukes, Counts, and Cities of Germany. And through his moderation no lesse pious then prudent, he stopped the unavoydable ruine of the Catholikes in the Empire; and kept off imminent destruction from the Prote­stants. So the Religion of his Ancestors being preserved, and established; hee seeing Princes unjustly cast out by the Austrians; Cities deprived of their li­berties; and his neighbours either op­pressed, or ready to bee oppressed with the Spanish yoake: joyned his Confede­rate armes with the Swede; restored the Princes to their Territories, and the Ter­ritories to their Princes; Cities to their priviledges; and the Empire to his an­cient rights and dignities: and delive­red all his neighbours and friends from the tyranny of the Spaniards. And yet notwithstanding for all these his good [Page 113] merits towards Religion and the Chri­stian Common wealth; he is onely not proscribed by the Austrians, but accu­sed by them to be the kindler, fomen­ter, and advancer of the whole Germane Warre: and is also with most false ca­lumnies exclaimed on; as if he had con­spired with the Lutherans for the extir­pation of the Catholike truth. And e­ven the Emperour himselfe unto whom the zeale of Lewis the thirteenth, cannot bee unknowne, by so many warres as have beene made by him against Here­tiks; yet in his Declaration touching the benefits and commodities of the Peace of Prague, set forth at Baden the 8 ^th day of Iune, 1635 he doth plainely professe: That if haply any man shall conceive, that in the Treaty of Prague sufficient provisi­on is not made for the good of the State, and of Religion; that the cause thereof is not to bee imputed to him and his Confederates; but to the most Christian King. Who though hee bee commonly stiled the eldest sonne of the Church; yet hee was not onely [Page 114] not ashamed in the beginning of this Warre, to sue for the assistance of Heretikes; to call in the King of Sweden a stranger to aide him; to make a solemne League with him; to feede and re-enforce both their strengths being joyned together; and of his owne pro­per motion, without any cause, and contra­rie to his promise given, to invade the Pro­vinces of the Empire: but doth still daily endeavour to stirre up the Princes and States against him, being pulled away from the Emperour. Yea more, after that by the Victory of Nordingen, very many were added to his party; hee with armes in his hand, tooke possession of the Cities which were brought under his Command: cast the garrisons of the Catholikes out of them; re­stored those of the Heretikes; and as much as in him lyeth, doth endevour to stoppe the progresse of peace and Catholike Religion in the Empire. Insomuch, that he tooke the boldnesse to promise the Duke of Saxony, if hee would range himselfe on his side; hee would not onely procure him the better con­ditions of peace; but that hee would labour [Page 115] with tooth and naile, that the Heresie of the Lutherans, with the rest of the Sects might bee publikely established in the Kingdome of Bohemia, and the Provinces united to it. Good God, what a thing is this? the most Christian King, who, when the rest turned their backes, did by his intercession alone made to the Swedes, preserve the Catholike faith in most of the Provinces of Germany: did hee with the utmost of his strength stop the pro­gresse and increase thereof! Hee that delivered divers Bishops out of the fires of their enemies; did hee adde flame to the Warre against the Catholikes! He that stripped the Heretikes of France out of all their strength, and laid them on their backes was it his care, to raise up the Sectaries of Bohemia to their an­cient power! These are frivolous de­vices of his adversaries; who, when they cannot cloake their invasions by a title of civill right, they betake them­selves to the counterfeit vizard of op­pressed Religion: and as if the warre [Page 116] were made in Germany for the destru­ction of Religion, not of Tyranny: they traduce all those that stand for the libertie of the Empire, as Here­tikes; or at the least, favourers of He­retikes.

2. Because the Protection of the Prin­ces, and States of the Empire, cannot bee charged to be the French Kings fault.The true and principall cause of this quarrell and indignation is, that the most Christian King when things were, in regard of any other helpe, in a desperate condition; hee received the Archbishop of Triers, being oppres­sed by the Spaniards, into his patronage and protection: but when hee had cast the Spaniards out of the Citie and Ter­ritorie of Triers, he restored the Prince freely to his rights and dignitie. year 1632 That then having joyned his armes with the Swedes: he delivered divers other States of the Empire; as namely, the Palatines, the Alsatians, and the Westrasians, from the pillings and pollings of the Austri­ans, and the Lorraines. That hee did by no new nor unheard of example; but such a one as was laid downe before [Page 117] him, and delivered to him from his An­cestors; set limits to the ambition of his enemies, and stoutly defended the Ger­mane libertie. The protection of people in distresse; the raysing up of the affli­cted; and the restoring of them that are cast out; is naturall to Kings: and doth not belong unto them so much by the right of their Scepter, as by the law of humanitie. It is the duty of a good Ma­gistrate to governe his subjects, and to protect his Allies: neither is there any greater instrument or testimony of good governement; then when neighbours are preserved from the hands of their e­nemies. And if by common right it be a fit thing for all Kings to succour those that be afflicted; yet none did ever more justly, and happily practise it; then the most glorious Monarches of the French: who, for this last age and more (to lay aside those things which are more an­cient, and more forreigne) have sent fre­quent aides unto the Catholike and Protestant States of the Empire, against [Page 118] the Invasions of the Spaniards. year 1534 So Fran­cis I. in the yeare 1534. joyning his armes with Philip Landgrave of Hassia, resto­red Vlricus Duke of Wittembergh after 15. yeares banishment, being cast out by those of Swawben, through the faithlesse dealings of the Austrians, to all the rights and Territories which Ferdinand I. had formerly possessed under the name of an Imperiall Fee. So Henry II. making a League with the Protestants, in the yeare 1552. year 1552 brought home Iohn Frederike Elector of Saxony, and Philip the Landgrave of Hassia, being like slaves shut up in prison by Charles V. for above 5. yeares together; contrary to his faith and promise, and restored them to their former libertie. So in the yeare 1620. year 1620 when by the Vnion of the Pro­testants and troubles of Bohemia, the af­faires of the Catholikes were brought into great streights; and the Emperour himselfe being then in a manner besie­ged in Vienna, ranne a hazard not onely to lose the Kingdomes of Bohemia and [Page 119] Hungary, but even his owne Hereditary Provinces: Lewis XIII. being as well moved with the zeale of preserving the Catholike Religion; as with the often iterated intreaties of the Austrians; sen­ding Embassadours to the Assembly at Vlme, dispersed the forces and Councels of all the united Princes, procured a truce betwixt both Armies; perswaded the Prince of the Transilvanians to peace, and so giving the Emperour liberty to breath; delivered the House of Austria from most certaine ruine. Now if the Emperour abusing so many favours done him, doe turne his victories obtai­ned against the Heretikes and Rebels, into a slaughter of innocents, and op­pression of his neighbours; and doe trans-ferre the fortunes of the Empire to the private benefit of his owne Family: no man ought to thinke it strange, if the most Christian King hauing beene the authour of all those Victories, doe en­deavour to moderate his enormous usur­pations; and to reduce them to the equa­litie [Page 120] of the ancient right: especially, since he well knowes, what difference there is betwixt the Common-wealth and Re­ligion; and will not so advance the rights of the Empire, or of the Allies thereof; that he will depresse or hinder the cause, 3. The most illustrious Elector of Trevers (or Trier) did justly and seasonably obtaine the protection of the French. M. M. Author [...] pro Domo Austriaca. Bruxellis editi. 1635. Richard. Wasserburgh. in Antiquit. Galliae Belgicae lib. 1. p. 12. & lib. 7. p. 102. 943. or exercise of the Catholike Religion. And whereas that Bundler of calumnies, that Pamphleter of Brussels, doth traduce this protection of the neighbour Princes; and make it as an invasion of forreigne Provinces: that is easily refuted, by the vanitie of the lye it selfe. For as it appeareth by the ancient and Authenticall Stories, the Archbi­shopricke of Triers, with the neigh­bour and suffragane Bishoprickes of Metz, Toul and Verdun, being very an­ciently united to the Kingdome of the French; were at length, in the yeare 943. by the misfortune and imprudencie of Lewis VI. called the Transmarine, trans­ferred unto the Emperour Otho II. Yet they ever after flourished and continued under the amitie and patronage of the [Page 121] French, though Cities subject to the Em­pire: and the Prelates of those Cities, desi­red and obtained the aide and protection of the French; without any prejudice to the Empire, or detriment to their owne libertie. As amongst others, in the yeare 1337. Henry of Aspremont, year 1337 Bishop of Ver­dun, sued to King Philip of Valois. In the yeare 1450. Conrade Bayer, year 1450 Bishop of Metz, sued to Rene of Anjou Duke of Lorraine: and in the yeare 1467. year 1467 Lewis of Bourbon Bishop of Liege to Lewis II. the French King; and to Charles the Bold, Duke of Burgundy. All these desired and obtained of these Princes, support and pro­tection against the Rebels, or invaders of their Ecclesiasticall rights: without any prejudice to the Majestie of the Empire. And whereas that mercenary scribler a­ledgeth; that by a most ancient League made betweene the Bishops of Triers, and the Counts and Dukes of Lutzemburgh; the Archbishoprick and Cities of Triers, is and hath beene under the protection and Advocacie of the Dukes of Lutzem­burgh; [Page 122] and that therefore the most illu­strious Elector of Triers, ought rather to have sued for the protection of the King of Spaine, who at this day is in possession of the Dutchy of Lutzemburgh, then the forreigne patronage of the French; is a fri­volous and a foolish allegation.

For we know, that some few ages since, the Counts of Lutzemburgh did volunta­rily offer their protection to them of Tri­ers: Guilielmus Kyriander in Annalibus Trevirorum. p. 158. & 194. 1374. and that the Emperour Charles IV. who was of that House; to the end that he might purchase the Empire for his most stupid sonne Wenceslaus, in the yeare 1374. did not onely pay unto Cuno Archbishop of Trires, a huge summe of money for his Electorall voice; but also promised him a mercenary protection against all enemies of what condition soever. And that soone after, year 1376 in the yeare 1376. a controversie be­tweene the Bishop and the Citie touching matter of jurisdiction being put over to him; he did order that Citie & State to be wholly and fully subject to the Prelate: which notwithstanding is yet at this day [Page 123] called in question by the Citizens. But we know also, that this protection did not deprive the Archbishop of his abso­lute right; nor that it did of one under the protection of the House of Lutzemburgh, make him a slave unto the Spaniard: & that a Free Prince when the Patronage of his former Protector faileth him, may justly obtaine the Protection of a new Patron: especially when such a necessitie hangs o­ver his head, that he cannot bee preserved, but by a most present remedy. Which, since the most illustrious Elector of Triers did; when he was in danger to bee utterly destroyed by the Swedes being hard at his backe; there is no reason, why the Spaniards should bee offended at it: who at that time were so farre from being able to give aide to others, by right of prote­ction; that on the contrary they being in­gaged in a most perilous Warre with the Hollanders, did lose whole Provinces and Cities of their greatest strength: as Venlo, Ruremond, Mastricht and Lim­burgh.

4. Because the Emperour endeavou­reth to make the quarrells of the Spa­niards com­mon to the whole Em­pire.Neither is the cunning of the Austrians here to be passed over; who whilst in the peace of Prague, they make a shew to take care of the tranquilitie of Germany; yet neglecting all the respects of the Em­pire; they onely provide for the perticuler benefit of their owne. For whereas there have been of old time, many controversies and some Warres betwixt the French and Spaniards, touching the Kingdoms of Na­ples, Sicilye, and Navar; and touching the Duchies of Milan and Burgundy. The French justly laying claime to those things from the Spaniards which had beene un­justly taken from them: The Emperour denouncing publique Warre against the French, makes the quarells which were particular to him and his; common to the whole Empire: ties and engages all the Princes to his owne domesticall interest; and the better to maintaine the Tyranny of the Spaniards, entangles all the Germans in a forreigne Warre. A subtiltie long ago attempted by the Austrians; but ever strongly rejected by the States of the Em­pire. [Page 125] For so in the yeare 1492. year 1492 Extant apud Goldastum Constitut. Imper. Tom. 1. & 4. 1526. 1542. Maxi­milian I. in the Diet at Coblentz; and Charles V. in his Epistle to the Electors, dated at Madrid the 29. of November 1526. and againe, in the yeare 1542. in the Diet at Spire: did traduce Charles VIII. and Francis. I. the French Kings, as disturbers of the Christian Common Wealth; inva­ders of other mens Principalities; and fa­vourers of the Turkes and Heretikes; and did in vaine desire, that the Warres made against them out of private respects, might be revenged by the power of whole Ger­many; as injuries offered to the Empire.

After the same manner, their successours have omitted no meanes of endeavour; that they might by some publique device of the Diet, proscribe the Confederate States of the Low Countries, as Rebells to the Empire, and gilty of high Treason, for shaking off the yoke of the Spaniards. Which, neverthelesse the States of the Em­pire in the Diet at Wormbs, in the yeare 1578. and in the late Diet at Ratisbone 1630. year 1578 year 1630 absolutely refused to doe.

5. Because the cause of Lorraine be­longeth not at all to the Emperour.And the cause of Lorraine, is most vaine­ly aleaged to bee a motive for this Warre: Because that Austrasia many ages ago uni­ted to the Scepter of the French, and a principall Patrimony of the Kingdome of France, under both the races of their Kings; 980. at length, in the yeare 980. it was taken away from the French by the King of the Germanes, Aimoinus Hist. lib. 5. c. 44. p. 510. editionis Fre­herianae. Continuator Chronici Flodoardi, qui extat To. 2. Hist. Gall. editorum a V. C. Andrea Duchesnio. 1636. p. 626. Extant ibi­dem. p. 797. under a pretence of a right of homage to bee done to them for it: and so it was by Lothaire the French King conferred upon the Emperour Otho the Second, as a Fee; against the will and liking of the Princes and Peeres of that Kingdome. Vnto which things, Gerbert, afterwards Archbishop of Rheims, and at the last Pope of Rome, hath reference in his 35. Epistle, where he saith: That Adal­bero Archbishop of Rheims, tooke hostages of the Nobles of the Kingdome of Lorraine, and compelled them to doe homage unto the Emperours sonne, but under the protection and Signorie of the French King.

Now if in the succeeding times the Dukes of Lorraine being situate in the [Page 127] confines of both these great Princes, and through the changeable condition of their fortune wavering betwixt both, have beene faithfull to neither, but have withdrawne their homage from both. Certainely it doth no more belong to the Emperour, to mingle the interest of the Empire with the cause of Lorraine; then it was fit for the Duke of Lorraine with Clandistine mariage and open armes, to disturbe be peace of France, and with most injurious calumnies to scandalize the Majestie of the French Empire.

But I cease to presse and obtrude a de­fence, to a most just cause; The Con­clusion. which having beene often approoved from heaven, hath left more ignominie then glory to the enemies of it. And from those things that have beene hitherto declared; I ga­ther, that the onely scope of the Trans-action of Prague, was to advance the greatnesse of the House of Austria, whether by right or wrong; to make the Empire together with the King­domes [Page 128] of Bohemia and Hungary heredi­tary to him: and in a word, by bringing under the rest of the Kingdomes of Eu­rope, to establish every where the Spa­nish Monarchie. And so almost in e­very article of this conspiracie; whoso­ever are either adverse to the Spaniards, or suspected to bee so; (as the French, Swedes, and Hollanders) are excluded out of the Peace, and assaulted with the common armes: and whosoever are friends, neighbours, or Allies unto them, are most bountifully rewarded out of the spoiles of the proscribed. Indeed, to the end, that the House of Au­stria might absolutely rule over Germa­ny; the Eelector Palatine (the principall Pillar of the Empire) should first have beene proscribed: whose forces, alli­ances, and affection to his Countrey, have beene long since adverse to Spa­nish Counsells. Then when the Pala­tine was stricken downe, his Territo­ries and Diginities must bee bestowed upon the Bavarians and Spaniards: not [Page 129] only because the Countries of the Bava­rian doe lie as a bulwarke unto the Em­perours Patrimonie, to defend it against the Heretike Princes of upper Germany; but also because by this meanes the Au­strians will alwaies have voices enow in a readinesse in the Colledge of Electors. To conclude, to the end that the Empe­rour might make use of all the strength of Germany at his pleasure; an Armie of eighty Regiments to be levied and paied by the Princes themselves; is committed to the absolute command of the King of Hungary: by which, not onely the Dukes and States that bee refractory, may be chastised; but also that power, which is left to the Protestants may bee cut up by the rootes. So Germany being subdued and brought under, and Lor­raine recovered; it seemed afterwards an easie matter to invade France, to con­quer Holland; and to bring Britaine un­der the yoake, as being their due long since by a mariage with Spaine; as the Emperour confesseth in his Declaration [Page 110] of the causes and benefits of the Peace of Prague, set forth at Baden the eighth of Iune 1635. That Peace being on this manner settled, his Nephew the King of Spaine will very easily reduce the Hollan­ders to obedience. Therefore it is so farre off, that by this Trans-action Peace and publike tranquillity hath beene sought; that on the contrary the light of peace being every where put out, warre hath beene kindled throughout all Europe; and all the Princes whether they would or not, have beene entangled in the fa­tall armes of the House of Austria. Mi­serable is the Peace, which is comman­ded by open force! a most dolefull Tranquillitie, which troubles al things! a most treacherous securitie, which eve­ry one hath cause to distrust! Certaine­ly, feare and terrour are weake bonds of love; which when they are removed, those that cease to feare, will beginne to hate. It is certaine, that a faithfull Peace can be onely there, where men are wil­lingly reconciled; and that it cannot bee [Page 111] hoped to be of any long continuance in that place where servitude is aimed at. Certainely, no mortall man will con­tinue longer than needs must in such a condition, as is irkesome to him; and evermore in an uncertaine quiet: though concord doe in shew continue, yet the opening and remembring of offences past; will still be feared. That is a true tranquillitie, which all men approve, and every one desires; by which anger is tur­ned into friendship; hatred growes into leagues of amitie; and an equalitie be­ing observed among all, and the A­mnestia extended to all, the enemies either by greatnesse of good turnes, or forgetting of injuries are turned to friends.