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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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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 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
mistrust any violence or hostility from the said Duke of Bavaria who neverthelesse contrary to all the declarations shortly after executed a new and sharpe commission against the Countries people and subiects of Our deare Lord and Father whilst a peace was treating both at Vienna and Bruxels He usurped the whole upper Palatinate part of the Nether with the Electorall Residence pretending that his former Commission was inforced by certaine new commandements from the Emperour which it befitted not him to examine And in his Letter to my Lord Digby from the Campe at Schartzenfield 2. October 1621. Hee saith That being now in full march it was not possible for Him to retire neither could He ever be of advice to yeeld to a suspension of Armes which was so sudden and unexpectedly required even when His enemy was before His face and He might under that colour take some advantage against Him The Emperour also writing to the said Lord Digby from Vienna the 12. October 1621. maketh this answere That the Duke of Bavaria being forced to march against the Count of Mansfelt could not desist from that necessary expedition nor allow the suspension of Armes propounded both because his Army was levied at such great charges and for that Hee had the victory in his hand Which contrary proceedings seemed very strange both to my Lord Digby who was forced to see the upper Palatinate lost under his eyes and to the King of Great Brittaine his Master as appeareth by their severall complaints From Newburg the 5 of Octob. 1631. Thus my Lord Digby writeth to the Emperour Complaints of my Lord Digby to the Emperour Vnder your Maiesties favour I hold this hostile invasion of the Duke of Bavaria into the Palatinate to be done against all right and reason forasmuch that I have beene oftentimes informed by your Maiesties Councellours that the said Duke neither had order from your Maiesty to goe on with the execution of the Ban nor should have any hereafter But most considerable are those Letters of King Iames His Master before alleadged to the Emperour dated from Roystone the 12. of November 1621. Wherefore we cannot enough marvell Complaints of King Iames to the Emperour that at the same time whiles we are treating a peace and propounding saving Councels yea and that quite conarary to your owne answere Our Sonne in law should bee spoyled of his inheritance and the upper Palatinate taken in by the Duke of Bavaria at your commandement and that upon new reasons till now unheard of Considering that in your said answer given to Our Ambassadour the execution of the Ban was suspended in those parts and no Armes to be resumed without notice given to Vs three moneths before All which notwithstanding after the said answer and by your expresse order the greatest part of the nether Palatinate was seized on by the Spanish troopes and all the rest indangered if it had not beene timely prevented After all these things were thus secretly plotted and compassed much about the time that my Lord Digby was soliciting the reconcilement and restitution of our deare Lord and Father and was filled with faire hopes The Emperour called a Diet at Ratisbone where Himselfe was in presence together with the three Spirituall Electours the Landgrave of Darmstatt and Bishop of Saltzburg and although both his Majesty and Electour of Mentz in name of all the rest did seriously require the two temporall Electours of Saxonie and Brandenburg to repaire thither in person yet they onely sent their Ambassadours with this excuse that since they could not approve the execution of the Ban nor translation of the Electorall Dignity which was then resolved they were afraid to assist in presence lest they should bee forced to behold those things against which they had voted as hereafter we shall see more at large At that time our Royall Grand-father the King of Great Britaine though much offended that the treatie at Bruxells propounded by the Emperour was broken off under shew That affaires of so great importance could be neither treated nor decided without the Empire and intervention of the Electours and Estates yet hearing of this Diet commanded my Lord Chichester then in the Palatinate to repaire to Ratisbone whither also my Lord Digby residing at that time in the Emperours Court for the affaires of the Palatinate also resorted as to prepare the other Ambassadours way But the King Our Grandfather being assured that the Emperour was fully resolved actually to invest the Duke of Bavaria with the Electorall Dignity and that the two temporall Electours upon that reason absented themselves countermanded the said Lord Chichester supposing that his presence there would not onely be fruitlesse but also lyable to dishonour in stead whereof Hee wrote to the King of Spaine 22. Novemb. 1622. resenting this breach of promises and unjust proceedings in these words Letters of King James resenting the double of the Emperour to the King of Spaine We are certainly advertised that the Emperor hath bound himselfe by diverse promises to transferre upon the Duke of Bavaria the Palatinate and inheritance of Our Sonne in law as ye shall further understand by Our Ambassadour and that your Ministers have declared to the Emperour that if this be done without your approbation He must looke no more for your assistance which is so necessarie for him Insomuch that to put the same in execution nothing resteth but your consent Of which proceedings so contrarie to all assurance given us of the Emperours good intentions we are now no lesse astonished than at first Wee were in beleeving For in all his owne answers made to Our Ambassadours hee not onely declared his friendship towards us but promised the intire restitution of Our Son in law for a token and testimonie thereof And in all conferences which Our said Ambassadours have had with his Ministers of State they have expressely avowed that the Emperour would never have made us such answers had hee not beene fully free and unobliged Now albeit our care be much encreased by such a suddaine change yet it is in part diminished by the constant and sincere good will which yee have alwaies borne us wherefore wee intreat you to finish this worke which yee have so well begun and not to suffer under pretence of diversitie in Religion or of outward interests to fill the avarice or ambitions of a few that occasion bee given of greater evill and calamities which by warre will necessarily fall upon all Christendome The examples being infinite how dangerous a thing it is to drive any to utter desperation And notwithstanding that the Ambassadours of the two Electours Saxonie and Brandenburg laboured hard in the said Diet to hinder the pretended Investiture and directly opined against the proceedings of the hasty proscription and rigorous execution of the same as also against the translation Electorall trailing with it many prejudiciall inconveniences yet the Emperour ceased not to conferre with all
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