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 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 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 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 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 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 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 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
lesse Honour should be gained to that Emperour who with the sweet Bond of Peace should reduce to unitie his Countrey exhausted with slaughters and butcherie his peoples enraged and made furious with the injuries of former times and like Savages exercising their Cruelties upon their owne Bowels then there was Divinitie ascribed to him who first joyned together in one Body so many Nations no lesse different in manners and disposition then in situation of Climates and by communion of Lawes and Customes made them the most flourishing Common-wealth of Europe But lamentable experience proclaimes that by that agreement or transaction of Prague hatreds were not mitigated but inflamed Armes not layd downe but doubled proscription and confiscations not diminished but extended beyond all Law and right For after that in the very frontispice of the businesse forraine Princes were at the first excluded in the progresse thereof most of the Castles Cities and Countreyes of Germanie were divided amongst the great men the rest that were weaker in strength not in cause being proscribed were stripped out of their Hereditarie Iurisdictions the spoiles of the Provinces the bootie and pillage of the banished and the goods of the slaughtered were distributed to such as did applaud the action Next after that for the confirming and maintaining of these Vsurpations and Armie of do Regiments was imposed upon Germanie and as if the Lawes and Courts of Iustice did abhorre this Pacification the Businesses of the Imperiall Chamber and holy Consistorie were left altogether undecided No comfort or ease at all appeared from this Peace nor the last fruit of a publike Tranquillitie but in stead thereof an unappeasable Warre is denounced against all that had or should dare to complaine of the injuries offered or so much as to whisper of the unjustnesse of this Conspiracie Nothing was here done that was fit to be done in a lawfull Peace the former Contributions of the States the pilling and spoiling of the Countreyes the burthens and oppressions of the subjects were not taken away nor so much as mitigated but excessively encreased established by publike Edict and of Souldiers payes that were extraordinarie and without order were made ordinarie taxations Barbarous Nations were not carried away nor cast out of the Empire but made to overflow it like a deluge and let in by multitudes at the gates set wide open And I need not stick to say that Cities were emptied of their Citizens the very Deserts filled with fugitives the goods of men and Cities of a knowne and well-approved innocencie confiscated their persons degraded and their lives rated at high summes of money So that it is more cleare then the Noone-day that in this foresaid transaction it was not so much laboured to relieve the sinking fortunes of the Countrey as it was by all meanes endevoured that the remaining States of the Empire should be deluded with the name of a Peace that the remaining strength of the Protestants should succour then afflicted condition of the Austrians that the common Armes should with their whole power be turned against Rebels as they call them and Strangers and so in stead of concord to have discord in stead of truth trecherie and in stead of a iust Warre a most wicked and detestable one to be undertaken and that so much of Germanie as was alive or had a being left after eighteene yeares troubles should be quite brought to ruine by a foure moneths pacification indeed the fates of the House of Austria growing now towards a declination fortune could bring to passe no greater thing for them then the discord of their enemies Nothing could happen more acceptable to the Eagles a good while since beginning to stoope then to be enabled to breake those in pieces being separated whom they stood in feare of being united and now to beguile with the pretext of a deceitfull peace those whom hitherto they could not conquer with forceâ— Armes And it was an act of no small merit with one dash of a Pen to disband such huge Armies to dissolve so many Leagues made with Protestants and so solemnly sworne to turne the mightiest Enemie they had into friends in stead of adversaries to get assistants to cause the Germane Faith to be traduced amongst forraine Nations and esteemed perfidiousnesse and in a word to bring matters to that passe that whilest they should singly fight they should be singly vanquished and that those who were mightier then others should enjoy no other privilege but that of Ulysses to be the first to be saved for a time and the last to be devoured in the end The most illustrious Duke of Saxonie was taken in to have a part in this Treatie as one though superiour in strength yet inferiour in honourable atchievements who whether through some kinde of emulation or rather envie of the Swedish Victories I know not when he saw he could not attaine an equall share of honour with them chose rather to be an Enemie and an Vndoer then a fellow-sharer and a Debtor to those that were his defenders And by this meanes this League was tempered with so much the more disadvantage to him in regard that howsoever things fell out he was sure that by helping and assisting others he should derive the whole weight of the Germane Warre upon himselfe and his subjects Certainely nothing could happen more satisfactorie to the Emperours desires then to withdraw that massie burthen of Warre under which his Countreyes did long since even gaspe and groane and to lay the greatest part thereof upon the shoulders of the principall Elector making this undoubted inference to himselfe that whether he were conquered or did conquer he should both wayes triumph over his Enemies So the Pacification long laboured for being at the last obtained to the end that he might oblige all the particular Princes by private benefites and by participation of spoiles turne Enemies into friends he bestowed upon the Elector of Saxonie besides the Revenues of the Church usurped by him for the space of above an hundred yeeres the Marquisat of Lusatia and upon his sonne the Archbishoprick of Magdeburgh upon the Duke of Bavaria the Prince Palatines Electorship and the Citie of Donawerth upon the Prince of Brandeburgh the reversion of the Inheritance of Pomeranie and upon the Prince of Lunenburgh that of the Duchie of Brunswick and hath granted unto the Dukes of Mechelburgh peaceable possession of their Countrey which they had formerly obtained by the Swedish power He hath taken unto himselfe the hereditarie right to the Kingdome of Bohemia and the Provinces united to it Silesia Moravia c. as also the Supreme Authoritie in judging Controversies of matters Spirituall and Temporall and the particular Dominion of Philipsbourgh He hath retained in his hands for the King of Hungarie the absolute command over all the Armies of Germanie and for his younger sonne the Bishoprick of Halberstad And for the other Princes as they seemed inferiour though not in right yet in
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 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 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 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 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 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 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 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
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 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 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 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 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 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 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 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
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 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 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 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 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 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 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 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
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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 FINIS