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A18489 The manifest of the most illustrious, and soveraigne prince, Charles Lodovvick, Count Palatine of the Rhine, Prince Electour of the sacred Empire: Duke of Bavaria, &c. Concerning the right of his succession both in the princedome, lands, and estates of the Palatinate: as also in the dignity, voice, session, and function of the electorship-Palatine thereunto annexed. Translated, anno. M.DC.XXXVII.; Manifestum sive deductio. English Karl Ludwig, Elector Palatine, 1617-1680. 1637 (1637) STC 5046; ESTC S107765 37,055 164

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the deceased without let or contradiction And as this Right of Birth and prerogative of nature is large and universall so in especiall manner it hath beene confirmed and observed most exactly in the Electorall houses of the Germane Empire insomuch that many hundred yeeres agoe when it seemed good to the preceding Emperors Princes and Estates of the Empire to found and erect the Colledge of Electors as well for the setling of a good order as for preventing of all divisions They decreed by common consent and ripe deliberation that the three Electorall houses of the Palatinate Saxony and Brandenburgh should from thence forwards and for ever after have their certaine and unquestionable successours in their Electorall Office and Estates and Regalities thereunto annexed Ordaining moreover that whensoever any of the said Electors should depart this world then his first borne Sonne and the male issue or in default thereof the next of that a Agnation is that Line in blood which comprehendeth all the Cousins or male-descendents on the Fathers side ●●o in the Empire are only capable to succeed in Electorall and princely Houses Agnation should be received and acknowledged by all the States of the Empire for true and lawfull Electours Or if perchance they were under yeeres that then they should be reputed as Successors designed and in due time invested by the Emperours raigning in the right of their successions Which wise and wholesome Ordination whereby the Empire had so long time been peaceably governed was againe in the yeere 1356 at the intervention of all the Electors Princes and Estates ratified and established for a fundamentall Law of the Empire by the Golden b So called from Bulla the stampe or seale of gold which was appended to this imperiall Charter here mentioned wherein was contained all the laws forms and orders of the Empire both for choosing the Emperour as Head and preserving the Estates as Members in their severall liberties rites and lignities Bull of Charles IV. then Emperour In such sort that all Constitutions of the Empire and c Whe● the Electours were agreed of the person before they declare Him Emperour they required an oath of Him to maintaine the Lawes of the Empire and preserve them and the Estates thereof in their severall Rights and Immunities And this is called the Imperiall Capitulation Capitulations of the Emperour together with the mutuall bonds and unions betwixt Electors which have since that time beene made and contracted were laid and founded upon this fundamentall Sanction and whatsoever hath been contriued to the prejudice thereof held for illegall and of no validity The word of the Golden Bull whereby the right of Birth and Succession is inviolably preserved in the Electorall Houses follow in this forme The Law concerning Electorall successions That hereafter no dispute nor dissention arise betweene the Sons of the said Electours and Princes temporall and that the publike good and tranquillity suffer no stop nor detriment We desirous to remove all such impediments Doe by this present Act never to be repealed declare will and ordaine by Our Imperiall Authority That when any of the said Electours shall decease his Right Vote and power Elective shall descend to his eldest Sonne being secular and begotten in lawfull marriage and by his decease to his eldest Son without any opposition And in case the eldest Sonne should depart without lawfull heires being secular then the Right Vote and power Elective shall be transferred by vertue of this Act to his next brother by the fathers side lawfull and secular and so successively unto his eldest Son Furthermore this Succession in the eldest Sons and lawfull heires of Electors and Princes concerning their Right Vote and power Elective shall from hence forwards be for ever precisely observed with this Declaration That if perchance and Electour his first borne Son or his next eldest brother of the first borne Son shall have the Tuition and Administration till He accomplish his Maiority which in an Electour shall be eighteene yeeres Compleate at the end whereof the Right Vote and Elective power with all the appurtenances shall devolve upon him which together with the Electorall Office shall bee resigned to him by the said Tutour and Administratour Since therefore by the death of the most Illustrious Prince Fredericke V. Count Palatine of the Rhine and Duke of Bavaria and afterwards chosen King of Bohemia Our most Honoured Lord and Father of happy memory the office of High d For more honour to the Coronation the foure temporall Electors doe the Emperour service for that Day King of Bohemia giveth him Drinke as Cupbearer Electour Palatine setteth on the first Dish as Sewer which is called Truckcesse The Electour Saxony carrieth the Sword as Marshall and Electour Brandenburg beareth the Key as Chamberlaine Truckcesse and Electourship of the Empire together with all the Rights Suffrage Dignities Regalities Lands People and Subjects thereon depending are fallen unto Vs and that by vertue of Our proper and acquired Birth-right of the Contract and providence of our Ancestours of all Feodall lawes of the first e So called from Simul together because when a Prince or Electour is invested by the Emperour it gathereth and includeth all the rest of his blood and Agnation and entitleth them to the same Right of Succession with himselfe wherby every one succedeth in his owne Right and can neither foresee more than he hath nor be prejudiced by the forfeiture of another Simultaneous Investiture of the Golden Bull of Imperiall Charters of fundamentall Lawes of f By these Covenants All those in every Electorall House who appertaine to the male blood or Agnation are bound to observe the foresaid order in their severall successions which is established by the ancient and publike Constitutions of the Empire namely which descendeth upon the Eldest Sonne and so forward to the next male Cousin in blood by the Fathers side Covenants made in our Electorall House and of the Confirmation of many foregoing Emperours they are inseparably intailed upon us And since Our dearely beloved Vnckle by Our Fathers side the Duke of Simmern hath in conformity to the Golden Bull resigned as well the Tuition of Our Person as Administration of Our Estates at the time prefixed We having as it became us waited the time and now by the grace of God attained our full age doe thinke Our selves bound in honour and conscience to take upon Vs the Succession of Our Electorall Dignity and all things thereunto belonging as that whereunto God Nature and Our Right hath called Vs. To which purpose We doe now present our selves both to your Imperiall Majesty of whom We have in due forme demanded Our Investiture as also to have all Kings Electours Princes and Estates in that Electorall quality which belongeth to our Birth and Succession hoping that yee will not onely receive and acknowledge Vs therein but also assist and maintaine Vs in Our illitigable Right Here
at our entrance Wee can easily imagine that the Ban against Our most honoured Lord and Father the execution of the same together with the translation of Our Electourship which is still detayned by force may be cast into Our way by partiall and cold affected people but We intreate them all to spare their judgements and looke a little backwards upon the Protestations and just Defences which have beene made both in publike writings and assemblies there they shall finde the complaints of the temporall Electours against those unjust proceedings and the nullities of the same to be proved incurable And if need-full it were to enlarge those deductions which are already published to the world We are to know that our said Lord and Father not long before his death caused his just Apologie to bee drawne in writing against those violent proceedings with a purpose to have put it out but that He feared occasion might have beene taken from thence to have hindred some treaties and mediations then a foote since it hath beene suppressed by his untimely death which otherwise had it seene the light would questionlesse have imprinted better opinions in the minds of those who have beene choked with blinde and sinister informations For the present We referre the clearing of those matters to the publike bookes afore mentioned and referre expressely to our selves the defence and vindication of Our most deare Lord and Fathers honour by all lawfull waies against false and calumnious imputations hoping that no living soule can with reason blame this duty in a Christian and obedient sonne But in this passage We cannot conceale the inwardnesse of Our griefe to see the translation of Our Electorall Rights not onely usurped by force of armes but justified and confirmed by the late Treaty of peace made at Prague the 30 of May last under this painted pretext as if forsooth the whole world and in particular the Electorall Colledge assembled in the yeare 1627 had found and charged Our most deare Lord and Father as chiefe Authour of all the broyles happened first in Bohemia and afterwards throughout the Empire whereas the contrary was seriously represented and avouched to the Emperour by the whole Electorall Colledge and Diete at Ratisbone in the yeare 1623 the 30 of Ianuary as appeareth by their joynt relation as followeth That the Palatine was a yong Prince and not being able to Counsell Himselfe was seduced by others That He was not the Authour of the troubles in Bohemia and that others who had no lesse offended His Imperiall Maiesty had beene pardoned Wherefore they all besought His Maiesty to overcome Himselfe by his owne magnanimity and to turne His rigour into gentlenesse whereby the Palatine upon due deprecation might bee admitted to grace and the Empire be refreshed and setled in peace Otherwise if the waies of extremity were still continued nothing could be looked for but effusion of blood vastation of the Empire with new and fearefull combustions This was at that time the opinion of the said Electours which notwithstanding they strangely changed afterwards in the Diete at Mulhausen though they had lesse cause than before Now it is Manifest enough and might easily bee further cleared with what zeale and sincerity Our most honoured Lord and Father laboured to quench that fire which others had kindled and to obtaine the favour and reconciliation of the Emperour together with his owne restitution The many Treaties offers submissions satisfactions cautions made by Our most honoured Lord and Father together with the frequent Ambassages Intercessions Remonstrances of divers Kings Potentates Electours Princes and Estates in this behalfe are so many witnesses of His paines and integrity To passe over the friendly diligences which Our most honoured Lord and Father used to still and appease the first ruptures of Bohemia as also what Hee propounded to the Electour of Saxony and Landgrave of Darmstatt after the battaile of Prague touching His own reconciliation We will onely produce the testimony of some Ambassages in this place which were sent to the Emperour by the Kings and Allyes at the instance of Our most honoured Lord and Father The first was Anno 1621. when the Lords of Rantzow and Wintersheim were dispatched to Vienna from the King of Denmarke reiterated againe Anno 1622. by the Lord Bogwisch of Haslow seconded with the Letters and intercession of the Electour of Saxony The second sort are those Ambassages which were imployed to the Emperour by the late King of Great Britaine Our Grandfather of blessed memory namely by the Earle of Carlile 1619. by Sir Henry Wotton 1620. by Sir Edward Conway 1621. and Sir Richard Weston in the same yeere by the Lord Digby 1621. by the said Sir Richard Weston at Bruxells besides all those Treaties in Spain and elsewhere negotiated by His other Ambassadors The third sort are partly Letters sent to the Emperour by the said King of Great Britaine before the translation of Our Electorall Dignity under the date of 12. November 1621. Wherein divers Conditions were propounded to the advantage of the House of Austria and partly the conference at Colmar in Iuly 1627 with the Dukes of Lorraine and Wirttenberg who were admitted as Interposers by the Emperour himselfe together with our Offers and Declarations which were there made upon the foure Articles propounded in the Emperors name by the Prince of Eggenberg The fourth sort are those two solemne Ambassages which the King of Great Britaine our most Royall Vncle sent by Sir Robert Anstruther to the Emperour and Electors assembled at Ratisbone 1630. and to Vienna to the Emperour apart 1631. And lastly We referre our selves to those diverse writings and letters which Our most honoured Lord and Father sent abroad to Kings and Princes but especially to those two which He wrote with his owne hand unto the Emperour By all which though barely recounted as passing by it plainely appeareth that Our most honoured Lord and Father omitted no possible meanes to seeke and sue for his reconcilement preferring alwaies the publike peace before His private interest and what He could not doe by himselfe or his Ministers by reason of the Ban against Him He laboured to effect by the mediation of great Kings and Princes His Allyes ever willing to submit himselfe to reason which doth not onely discharge Him of those wrongfull imputations as though He by his practises stubbornenesse and rejection of all equitable meanes had beene the chiefe cause of these miserable warres and ruines in the Empire but also discover that the fault is to be truely imputed to them who disdainefully waving these many offers instances and intercessions of peace have driven all things to extremities to glut the covetousnesse and ambitions of their hearts But who will looke into the letters of his Imperiall Majesty written with his owne hand the 14 15. of October 1621. to Don Balthazar of Zuniga one of the Councellers and Grandees of Spaine shall there find other reasons indeed the true
THE MANIFEST OF The Most Illustrious and Soveraigne Prince Charles Lodowick Count Palatine of the Rhine Prince Electour of the Sacred Empire Duke of Bavaria c. Concerning the Right of His Succession Both in the Princedome Lands and Estates of the PALATINATE As also in the Dignity Voice Session and Function of the ELECTORSHIP-PALATINE thereunto annexed Translated Anno. M.DC.XXXVII LONDON Printed by A.G. for I.N. and R.W. And are to be sold at the signe of the Kings Armes in Pauls Church-yard M.DC.XXXVII The Preface THe State of Empires Kingdoms and all Societies is best knowne by those Lawes Orders Contracts and Constitutions which by common consent are for the time being established amongst them for State is from standing and that present condition wherein a thing standeth is the State thereof What hath been heretofore or may bee hereafter doth rather belong to their Story than their State By this Line we may measure the Germane Empire at it hath long stood and yet standeth though like an old house nodding to the ground J will not describe the whole frame therof but onely such parts as may give light to the ensuing discourse Looke wee therefore backe to former times and we shall finde that Germany like a vast body was cut and mangled into divers Nations Formes and Governments till the Raigne of Charles the Great about 800 and odd yeeres agoe Jn His dayes the great Roman Empire split into two whereof the Westerne part fell to His share which Hee after subdivided among His sons Charles had Germany Lodowick had France Pipin had Italy But Germany is the greatest carried away the Imperiall Title from the rest which caused great dissentions not onely betwixt the three pretending Nations but also among the Princes of Germany after Charlemaines Line was out At last Hugh Capet setting up a new Race in France to secure His owne posterity was willing to let fall the strife for the Title and yeelded it to Germany But Italy tossed with the furies and ambitions of the Popes ever rebelled against the Emperours and inward broyles fowlly defaced Germany Till at length the Princes tyred and consumed with these evills were forced to advise together for their owne preservation and the Empires Then was produced this forme of State which hath continued without change many hundred yeeres First they made a Law That the Emperor from thence forwards should be chosen among themselves whereby all pretentions should bee restrained Next they appointed the choosers whereof according to those times three were Bishops Mentz Tryers and Collen and three Princes the Palatine Saxe and Brandenburg These sixe doe onely and properly constitute that Colledge which is called the Supreame Councell of the Emperour and Foundation of the Empire But because their number was even and in Elections it must be odd the King of Bohemia was added to them that in the Colledge might be a casting voyce for He hath onely Electorall Right at times of election and is never else admitted into the Dyets or Councels of the Colledge This Colledge was then ordained with prepetuall elective power Insomuch that when any was chosen by the Chapters of Mentz Tryer or Collen to bee Bishops they were immediately likewise Electours but because they could not marry and were alwaies chosen there was no need to povide for their succession But the case was different of the Electours temporall For they being great and Soveraigne Princes before they were Electours had no meaning to make there Estate worse by that Addition And therefore it was enacted as an irrevocable Law that their Electorall Dignities and Temporall Princedomes should goe together and bee entayled upon their eldest Sonnes and Heire-males descending from them by the Fathers side for ever For they held in necessary to cleare the Succession in those Houses which had perpetuall Right to choose the Emperour well fore-seeing that it might bee no lesse pernitious to the whole body to dispute who should be Electour than it was before who should be Emperour whereas now the whole Empire might certainely know where the Dignity would descend and so be alwaies at rest from whence it appeareth that on the certainety of the Colledge the Jafety of the Empire dependeth Now this Right of succession is so rooted in these Electorall Families and in every one of their Male off-spring that it cannot bee plucked up nor alienated nor forfeited nor transferred by any resignation or delinquencie but onely by failing and extinction of blood in which sole case both the Dignity and Inheritance revertes unto the Empire as a Fee thereof The summe of all is that by this Policie and Constitution of the Empire which hath bin confirmed by such continuance of time the Emperour is Elective and the Electours Successive and in the mutuall oathes which passe betwixt them the Emperour is bound deeper to them and by them to the Empire to preserve them all in their immunities than they to him who onely sweare homage and fealty not as His but as vassals of the Empire In which relation if afterwards any or Electour or of an Electorall House shall commit the highest crime though as great as Treason yet they cannot bee punished much lesse deposed by any power of the Emperour who is not the Lord of their Fee but by a lawfull tryall before the Electorall Colledge and estates of the whole Empire of which onely they doe depend As vassals of the Empire they may be tryed for their offence and punished in their owne persons but as Princes and Soveraignes in their estates they cannot be tainted in blood nor by their crime prejudice the succession of their Heires which is the difference betwixt the Regally of these Electorall Tenures and those of other Nations for their treason doth taint the blood and disableth the Sonne to succeed the Father because the Sonne succeeds in the Fathers Right which the Father having forfeited the Sonne hath nothing to succeed but heere the Sonne succeedeth not in the Right of his Father but of his owne by reason of that first and Originall Contract made with his Ancestours wherein Hee was invested and comprehended as well as his Father and cannot be excluded from his owne Right but by his owne offence Which seemeth to bee a most just and naturall sanction That if every owne will looke to his Innocence the Law will looke to his Right And this may suffice for a small Jntroduction to the worke CHARLES LODOWIKE By the Grace of God Count Palatine of the Rhine Archidapifer and Prince Electour of the Sacred Empire Duke of Bavaria c. To his Imperiall Maiesty To all Kings Potentates Electors Princes and Estates within the Empire and whole Christendome Addresseth This his ensuing Manifest The Manifest IT hath beene the constant custome amongst sundry Nations of the world from the beginning thereof to this present age that in all hereditary kingdoms and principalities the succession should descend upon the eldest Sonne or the next males in blood to
the Duke of Bavaria who both for his Religion and his assistance in the warre against the Palatine hath well deserved of the Emperour so as the desire of your Holinesse is that the Palatine should be stripped of his Dignity and punished accorning to his desert rebellion The Cardinall Ludovisius wrote from Rome the 16 of Octob. 1621. to the Arch-bishop of Patras Popes Nuncio at Bruxels to this purpose Letters of the Cardinall Ludovisius about the Translation Yee shall use all possible meanes to diswade the Infanta her Highnesse from agreeing to a suspension of Armes And concerning the Person of the Palatine my advise is that since Hee is once deprived of his Countrey Hee ought to take it for a speciall grace if He may have leave to submit himselfe to the Emperour but notwithstanding any submission nothing ought to be restored to his children unlesse they be brought up in the Catholike Religion For it were a great errour to suffer the Palatinate in the hands of Hereticks which is so neare to the Low Countries Therefore it behooveth you to be watchfull there as well as the Nuntio is in Spayne who hath order to imprint this point well in the Kings minde The Pope will also doe his best to perswade the Emperour and the King of Spayne that the Palatinate bee shared among the Catholicks whereunto you shall doe very well to dispose the Infanta Caraffa the Popes Nuntio at Vienna wrote to the forenamed Arch-Bishop of Patras the 20 of October 1621 to Bruxels in this manner Letters of Caraffa the Popes Nuntio about the Translation There is no doubt to bee made of the Emperours intention to transferre the Electourship Palatine upon the Duke of Bavaria The only stop proceedeth from the Spanyard which I should not have beene bold to say had not the Prince of Eggenberg assured me that the Emperour had finished the businesse long agoe but for the wilfulnesse of the Spaniards who for want of other evasion cover their crossenesse under the pretext of the Electour of Sax. But to stop this starting hole the Arch-Duke Charles is lately gone to the said Electour though under another colour g The colour was to dispose the said Electour to a suspension of armes and execution of the Ban which at that time was promised by word of mouth to my Lord Digby from whom we shortly expect answer which if it bee not a flat negative but neutrall and indifferent we will goe on and urge the Emperour to dispatch the worke and the rather because the Count d'Ognate seemeth to say that the King his Master will be content if the Duke of Sax. be not contrary Neverthelesse because we are iealous of the Counts perversenesse although the Duke of Sax. should consent we have without noise and under hand sent Fryar Hiacynthus into Spayne to blunt the indeavours of the said Count and of Digby the English Ambassador designed to goe thither to which end the Emperour hath written with his owne hand to the King of Spayne to Don Balthazar and the Nun Infanta without the Knowledge of any In summe you see the state of the businesse and by discourse of the Spanish Ambassadour we further finde that the Spaniard on whom all dependeth would not much oppose this translation if these three points were provided for First that the Duke of Bavaria should restore upper Austria That for defraying of his costs Hee should have the upper Palatinate which is more than his due and would content Him And that the Nether Palatinate be left to them whereunto the Duke of Bavaria should renounce all the pretention which He might have in right of the Electorall Dignity The said Nuncio writing to Fryar Hiacynthus the 16 of October 1627 saith as followeth I besought the Emperour to keepe the businesse secret who told me He had already written with his owne hand to the very cover for the more secrecy And a little after I drive on this businesse with earnestnesse albeit I something doubt whether it be necessary or no seeing our friends are minded to doe that which the Count of Zollerne caused to be propounded by a Minister of the Emperours to the Duke of Bavaria a part yee understand well what I would say I have given out that ye are going into Italy and hitherto they know no otherwise Moreover in another letter of the same Nuntio to the said Capuchin of the 20 Octob. 1621 are these words The first Pretention of the Count d'Ognate is to have the upper Austria restored and that for his expences in the warre the Duke of Bavaria have the Electorall Dignity and the upper Palatinate which as the Count of Zollern tels me doth surmount his charges And a little after wherefore I believe the Count d'Ognate nor his minister will ever assent to the Translation unlesse it be for their owne interest thereby to draw into their owne clutches the Nether Palatinate as a Country which much importeth the house of Austria both in regard of the Empire and of the Netherlands For by that meanes the Dutch Protestants can neither assist the Hollanders nor the Hollanders the Dutch Protestants and so the King of Spaine would bee master in the Low Countreyes and the Emperour in Germany It is also very remarkeable what the Duke of Bavaria promised under his hand and seale in the treatie of Vlm which Hee concluded by interposition of the French King with the Protestants then united the 5 of Iuly 1620. where Hee assured them in the word of a Prince and in the most valuable forme in law \ That none should invade or molest the Lands Estates Townes Borroughs villages or possessions of any of the Electours temporall or spirituall nor should any wayes trouble one another in their government or Religion But that the Evangeliks as well as the Catholikes should live in concord together leaving one another to enioy their owne in peace And in the third Article of the said Treaty where the Kingdome of Bohemia and incorporated provinces are excluded The Electorall Palatinate together with the hereditary lands scituated in the Empire are expressely comprehended Which the said Duke of Bavaria did afterwards confirme by his Letters and not alone to Our most honoured Lord and Pather but also to the States of the upper Palatinate even after Hee had accepted the Commission against the Kingdome of Bohemia and Count. Mansfelt as the words of notification sent from Straubing the 8 of September 1621 doe testifie That for his person he had nothing to doe with the upper Palatinate nor had ever done it any wrong All which agreeing with the Emperours promise made to my Lord Digby for a suspension of Armes the beginning of September 1621. whereby He declared That so long as the Treatie of peace should last with the King of Great Brittany Hee would grant no further commission to execute the Ban against the upper Palatinate Our deare Lord and Father had little reason to
forfeited nor translated but onely by failing in blood But for the better understanding of this Point wee must know That the Electorall and Soveraigne Estates which hold in Fee upon the Empire are farre more transcendent than common Tenures of Inheritance It is true indeed that Lands and Lordships which descend by inheritance from the last Possessour to the next heire are subject to many changes They may be sold morgaged alienated attainted confiscated according to the severall Reasons and Statutes of Law and all to the prejudice of the lawfull heires But Electorall Tenures so long as the State of the Empire standeth are warranted against all these kind of changes and but in one onely Case are immutable and unreversable to the Empire and that is for deficiency of male Issue by the Fathers side and extinction of blood For when the Estates of the Empire found it at the first needfull for the policy and peace thereof to erect the Electorall Colledge and invest the three Houses of the Palatinate Saxe and Brandenburg which at that time were Soveraigne with the power elective there passed a Contract betweene the said Houses and the Empire that the said Electorall Dignity should remaine rooted in them and descend from Father to Sonne and so to the next males of the Fathers blood comprehending all that should hereafter be borne as if they had beene then extant and enabling them to succeed in their owne proper inherent and unalienable Right for ever This stipulation in the first Investiture hath beene a leading Rule and President for all after times wherein it hath beene the constant use and practise in the Empire to keepe up the same forme and in all Electorall vacancyes to admit and invest the next of the male blood without rub or interruption This Custome hath received strength and authority in the Empire for the continuance of times from the foundation of Lawes from Covenants and Capitulations from tryall and experience from the approbation of all Estates and from the reverent esteeme and inviolation of it selfe till these present times And for further declaration of this ancient Right and Regality of Succession in Electorall Houses it hath beene a maxime and opinion delivered in all Ages that they succeed not by right of inheritance nor by any will or disposition of the last possessour but by the providence of their Ancestours and by Covenant made with the first Contracters whereby the Right of every male who should appertaine to that Stock and Linage to the worlds end was actually included not onely as pretenders in their owne time but as Compossessours from that present From which infallible grounds these consequences naturally will arise First that it is not in the power of any Father or possessour of these Electorall Lands and Dignities to alienate or engage them to the prejudice of their Blood though it were to pay a Dowry or redeeme a Captive or for any other extreame necessity the reason is because they have no further right in them then during the life of their owne persons and cannot therefore alienate the right of others who by their decease step into their place by surrogation and not inheritance Secondly no Predecessour nor Father can by any Felonious crime whatsoever though it were of the highest treason attaint the blood or forfeit the Right of his Successours who are not guilty of the same crime because their claime is not from their Father but from their Stocke invested in their birth and blood and by Law irrevocable Thirdly the Emperour being onely upon certaine Conditions by choyce not by nature Administrator of the Empire on which these Electorall Dignities and Estates doe hold hath no direct power or dominion over these Tenures all He can doe by the uttermost of Law is to lay His Action against the right of the party offending but not against the Right of the rest which resideth in their innocent blood and is locked up within the barres of immutability as too noble and precious a gift to depend upon the fact or keeping or inheritance of any possessour Since therefore as well the Electorall claime belonging by Covenant to our House as the naturall and lawfull possession of our Estates and Regalities are delivered by our Ancestours and devolved upon us as the first in blood no earth by power whatsoever can call them into question or deprive us our brethren or Agnation of our right and much lesse transferre it to any other without rearing it out of the faith full custodie of ancient Covenants stable lawes and venerable customes and obtruding forraigne plots and innovations and making an irreparable rent in the frame and bodie of the sacred Empire Had wee our brethren or blood beene as guiltie of crime as we are laded with punishments yet if any respect had beene showne to the ordinances of the Empire to the Capitulations of Emperours or to the grave and solid remonstrances of the two foresaid Electours wee should at least have beene tryed by the law but since the proceedings against us in our tender innocence hath been no lesse extreme and rigorous than if we were the most obstinate enemies of the Empire and highest delinquents against His Imperiall Majestie wee doubt not but God in whom we trust and who is Iudge of all will doe us right and when he pleaseth pronounce his sentence according to the justice and equitle of our cause In the meane time we hope that all Kings Potentates Electours Princes Estates and Persons whatsoever that free from partialitie and voide of passion shall examine these violent and precipitious proceedings by our blamelesse innocence will not only be touched with a sense and compassion of our case but will esteemethem all as vicious and unjust and of no force to prejudice our Rights unto which God and nature the consent and sanction of the whole Empire hath entitle us And that the rather both because nothing to this day hath beene nor can be laid to the charge of us or our brethren as criminall against the Estates and lawes of the Empire or his Imperiall Majestie as for that the seysure of our prerogatives the detention of our Estates the translation of our Dignity and the present perpetuation of all like so many linkes of usurpation were contrived and compassed in the time of our nonage whereby wee could not sooner protest nor oppose nor vindicate our Rights nor cuter into the government of our affaires till now that we have attained our Majority Heere wee may note that if the two Electours of Saxe and Brand enburg judged at the first that the translation of our Electourship though but for a time and restrained onely to the person and life of the Duke of Bayaria would not withstanding be injurious to the preheminence of the Colledgre Electorall and to all temporall Princes as depriving innocents of their inherent and simultaneous Right invested in their blood and planted in their Stocke against all the lawes Rights formes and