A
BRIEFE
DESRIPTION
OF
THE
REASONS
THAT
MAKE
the
declaration
of
the
Ban
,
made
against
the
King
of
Bohemia
,
as
being
Elector
Palatine
.
Dated
the
22.
of
Ianuarie
last
past
,
of
no
value
nor
worth
,
and
therefore
not
to
be
respected
.
FIrst
,
in
that
pretended
proces
,
there
is
found
a
most
great
imperfection
in
the
principall
foundation
and
ground
thereof
.
That
is
touching
the
matter
and
subiect
of
the
Imperiall
iurisdiction
:
for
that
neither
Diuine
,
naturall
,
nor
ciuill
Law
,
doth
permit
the
Emperour
to
be
Iudge
in
his
owne
cause
,
or
that
hee
can
,
in
the
present
difference
now
made
,
wherein
there
is
a
question
touching
a
pretended
vsurpation
of
the
Crowne
of
Bohemia
,
and
of
the
interest
of
the
house
of
Austria
,
ground
the
afore-said
Declaration
,
vpon
a
breach
of
publike
peace
,
and
consequently
in
the
pursute
of
his
particular
interest
,
to
serue
his
turne
against
his
aduerse
party
,
with
most
rigorous
penalties
of
the
constitutions
of
the
said
Peace
,
which
consist
in
the
losse
of
all
his
Goods
,
Countries
,
honours
,
&
namely
his
life
.
For
although
men
wil
not
dispute
nor
striue
with
the
Emperor
touching
the
power
that
he
hath
,
by
vertue
of
the
constitutions
aforesaid
of
the
Empire
,
against
the
breakers
of
the
publike
peace
,
which
according
to
the
opinion
of
ciuil
Lawyers
,
a
Iudge
may
iudge
of
,
and
make
Decrees
concerning
his
Office
,
and
iudiciall
authority
,
as
also
touching
the
conseruation
thereof
:
yet
it
is
most
certaine
and
euident
,
as
well
by
the
Iudgements
of
all
Ciuill
Lawyers
,
as
by
naturall
equitie
,
that
the
maxime
aforesaid
,
is
graunted
onely
in
cases
,
wherein
there
is
no
question
made
of
an
interest
,
profit
,
and
great
aduantage
of
the
Iudge
,
and
when
the
Act
in
it selfe
is
most
manifest
,
and
without
any
doubt
or
difficulty
whatsoeuer
.
Otherwise
,
and
for
want
of
such
circumstances
,
it
is
most
dangerous
,
that
one selfe
same
person
should
be
Iudge
and
party
,
or
that
the
Iudge
and
the
party
should
sit
both
in
one
seate
:
for
it
shall
be
shewed
,
and
most
euidently
declared
hereafter
,
that
in
this
pretended
Declaration
,
there
is
no
respect
had
vnto
the
said
common
doctrine
of
the
Law
,
nor
to
naturall
equity
.
Besides
,
that
the
golden
Bull
,
as
a
fundamentall
law
of
the
Empire
,
in
expresse
termes
most
plainely
absolueth
this
question
.
That
is
,
whether
the
Emperour
may
or
can
be
Iudge
,
in
that
which
concernes
his
particular
affaires
,
or
those
of
his
house
,
saying
:
That
an
Emperour
,
as
King
of
Romanes
,
in
causes
and
matters
that
are
alledged
against
him
,
is
bound
by
an
auncient
custome
,
to
appeare
and
answere
before
the
Elector
Palatine
,
as
not
being
permitted
to
be
Iudge
in
his
owne
cause
.
Which
words
,
so
cleare
,
and
so
expresse
,
should
be
vnprofitable
,
and
of
no
effect
,
if
an
Emperor
of
Rome
could
be
both
Iudge
and
party
.
And
such
an
absolute
power
of
the
Emperour
,
was
neuer
at
any
time
heard
of
,
nor
knowne
among
;
nor
vnto
the
true
&
good
Almaines
or
Germaines
,
as
being
directly
contrary
to
their
liberties
:
and
it
will
be
found
,
namely
in
the
time
of
Frederick
the
third
,
in
the
controuersies
betweene
Duke
Albert
and
his
brother
,
as
also
in
the
differences
of
Habsburg
:
yea
,
and
by
some
examples
in
the
house
of
Austria
it selfe
,
that
ordinance
of
the
golden
Bull
,
and
fundamentall
constitution
of
the
Empire
,
was
confirmed
by
a
consequent
obseruation
.
Considering
that
the
precedent
Emperours
of
most
worthy
memory
,
did
alwayes
submit
themselues
to
the
ordinary
course
of
Law
,
at
all
times
when
any
question
was
to
be
decided
touching
their
particular
patrimoniall
goods
and
possessions
:
So
farre
off
were
they
from
suffering
themselues
to
bee
caried
away
to
such
a
passion
and
rigour
in
their
owne
interests
and
aduantages
,
as
in
this
case
,
which
at
this
time
is
in
question
,
Such
kinde
of
violence
being
not
exercised
in
an
other
mans
cause
,
of
much
greater
consequence
,
which
concerned
the
losse
of
diuers
Prouinces
and
notable
Townes
,
withdrawne
from
the
obedience
of
the
Empire
,
the
forces
and
reuenewes
whereof
are
weakened
and
diminished
more
then
the
halfe
.
Further
,
and
secondly
,
it
cannot
be
denied
,
That
the
case
in
question
,
doth
not
particularly
touch
nor
concerne
,
(
neither
in
the
first
and
highest
degree
)
the
Emperor
&
his
house
:
and
yet
notwithstanding
,
the
pretended
Declaration
,
hath
beene
decreed
,
and
concluded
by
his
Counsellours
,
and
seruants
,
who
by
a
most
strict
Oath
;
(
whereof
there
is
no
release
in
this
point
)
are
bound
to
procure
the
good
of
their
Master
.
And
for
that
the
said
Counsellours
and
seruants
,
from
the
beginning
of
the
troubles
of
Bohemia
,
haue
sufficiently
shewed
,
that
their
intents
,
and
preiudicate
Iudgements
,
proceede
from
a
hatred
and
a
most
extraordinary
animosetie
,
not
only
against
the
reformed
Religion
,
and
those
that
generally
make
profession
thereof
,
but
also
against
the
person
of
the
King
of
Bohemia
,
and
the
Elector
Palatine
,
particularly
.
In
this
,
that
in
all
,
and
in
euery
place
they
haue
sought
to
condemne
him
,
before
they
heard
him
speake
for
himselfe
,
or
once
receiued
his
Iustifications
.
It
is
easily
to
be
iudged
that
this
pretended
Ban
,
the
Declaration
whereof
was
consulted
of
,
drawne
and
published
by
the
wills
and
consents
of
the
Emperiall
seruants
aforesaid
,
had
no
reason
,
nor
any
ground
of
impartiall
Iustice
,
and
that
consequently
all
the
Proces
is
of
no
force
nor
value
,
passion
and
animosetie
(
as
it
is
said
)
hauing
therein
had
all
the
gouernment
&
direction
,
treading
Iustice
vnder
foot
.
And
thirdly
,
in
this
point
it
is
to
be
noted
&
well
waighed
,
what
men
may
iudge
&
esteeme
of
all
the
points
of
this
processe
,
which
without
all
reason
and
nature
it selfe
,
was
begun
and
intimated
by
the
execution
.
In
this
that
Marquis
Spinola
,
vnder
the
pretence
of
an
Imperiall
Commission
,
with
his
Armie
raised
and
payed
by
the
King
of
Spaine
,
did
by
manner
of
hostility
inuade
the
Electorall
Palatinate
,
before
the
said
pretended
Declaration
of
the
Ban
was
published
.
Wherein
,
there
was
no
manner
of
respect
had
of
any
of
the
States
and
Countries
that
were
neutrall
,
and
therefore
wholy
innocent
:
as
it
appeareth
manifestly
by
the
ruine
and
intire
desolation
of
that
so
flourishing
a
Country
,
which
iustly
might
be
compared
with
the
best
parts
of
Germanie
,
which
is
directly
contrary
to
the
Emperiall
capitulation
:
by
vertue
whereof
,
no
Emperour
is
permitted
,
to
vse
any
such
violence
:
but
by
a
most
singular
wisedome
and
fore-sight
it
was
referred
to
the
lawes
and
fashions
of
the
Warres
vsed
amongst
the
auncient
Germanes
,
and
reduced
to
certaine
termes
in
such
affaires
of
the
members
of
the
Empire
,
in
these
words
.
That
the
Empire
shall
not
forcibly
assaile
the
Electors
,
Princes
,
and
other
States
of
the
Empire
,
but
hauing
any
question
or
controuersie
against
any
of
them
,
to
shun
and
auoid
all
violence
,
troubles
,
and
commotions
,
hee
shall
cause
the
same
to
be
descided
by
way
of
Iustice
,
and
shall
not
permit
them
,
to
be
vexed
,
nor
pursued
by
armes
,
violences
,
or
inuasions
.
For
if
in
case
of
lesse
consequence
,
a
Iudge
,
before
Iudgement
giuen
,
proceding
by
actuall
force
against
a
party
,
loseth
all
his
credit
,
and
is
deputed
of
the
authority
and
power
of
a
Iudge
,
as
it
is
most
true
:
what
may
be
said
of
him
,
that
setteth
vpon
his
aduerse
party
by
open
force
and
armes
,
dispossessing
him
of
all
his
goods
and
estates
,
and
at
the
end
of
all
his
violences
and
indirect
and
wicked
proceedings
,
pronounceth
him
guilty
,
and
proclaimeth
the
Imperiall
Ban
against
him
.
And
seeing
,
that
for
the
fourth
reason
,
in
all
formalitie
of
Iustice
,
specially
in
that
which
concerneth
a
publike
violence
and
outrage
,
it
is
necessarie
,
that
the
least
and
meanest
pesant
or
Citizen
that
is
accused
,
ought
to
be
orderly
summoned
,
to
yeeld
a
reason
of
his
actions
:
by
greater
reason
,
it
is
most
necessarie
and
conuenient
,
that
this
requisite
formality
should
be
obserued
towards
an
Elector
of
the
Empire
,
of
so
high
a
house
,
and
so
great
a
dignity
,
as
the
Elector
Palatine
,
specially
when
it
concernes
his
goods
,
his
estate
,
his
Country
,
his
life
,
and
his
honor
;
and
to
be
short
,
all
that
which
he
possesseth
in
this
world
:
For
specially
to
speake
of
the
crime
of
the
infraction
and
perturbation
of
the
publike
peace
,
it
appeareth
by
the
lawes
of
the
Empire
,
that
before
all
things
;
the
party
,
that
is
to
be
accused
of
such
a
crime
,
should
be
summoned
,
and
heard
in
his
iustifications
,
and
defences
,
that
after
an
exact
vnderstanding
of
the
fact
,
iudgement
may
the
better
be
giuen
,
and
knowledge
had
whether
the
publike
peace
and
tranquility
hath
bin
violated
and
broken
.
And
to
that
end
,
that
the
party
may
not
be
condemned
,
and
submitted
to
the
most
rigorous
paines
of
the
Ban
,
at
the
only
request
,
or
vnder
a
false
suggestion
of
the
contrary
partie
:
which
can
not
be
iustified
,
neither
by
the
ordinances
of
the
Imperiall
chamber
,
made
and
concluded
in
forme
of
a
publike
and
perpetuall
contract
betweene
the
head
and
the
members
of
the
Empire
,
nor
also
by
the
capitulation
;
whereunto
,
as
the
precedent
Emperors
,
so
also
the
Emperor
at
this
day
bound
himselfe
by
a
solemne
Oath
:
within
expresse
and
manifest
tearmes
saith
.
That
his
Maiestie
shall
not
permit
,
that
from
henceforth
,
any
of
the
states
of
the
Empire
,
Elector
,
Prince
,
or
others
,
shall
be
put
into
the
Imperiall
Ban
,
without
cause
,
and
without
lawfull
knowledge
of
the
same
:
but
that
in
such
case
,
hee
shall
obserue
the
formalities
,
and
lawfull
proceedings
,
all
in
conformity
of
the
constitutions
and
customes
of
the
Empire
,
according
to
the
tenor
of
the
reformed
ordinances
of
the
Chamber
,
and
Soueraigne
Court
,
published
touching
the
same
.
Now
although
all
this
is
most
true
&
manifest
,
yet
it
hath
all
bin
put
out
of
consideration
,
&
of
the
tenor
of
the
pretended
declaration
:
seeing
that
without
citation
,
without
knowledge
of
the
cause
,
without
any
formalitie
,
they
haue
gon
so
farre
as
in
their
own
proper
cause
,
to
proceed
to
a
most
manifest
iniust
sentence
,
and
to
declare
an
Elector
of
the
Empire
to
be
a
criminall
:
who
by
the
golden
Bull
,
is
qualified
to
be
one
of
the
principall
members
of
the
body
,
and
a
pillar
of
the
Empire
:
whose
electorall
dignity
in
the
Empire
,
is
esteemed
to
be
of
no
lesse
account
then
the
Royall
.
To
whom
for
an
accomplishment
of
all
iniquity
;
they
deny
that
which
is
due
to
the
most
wicked
and
greatest
malefactors
,
yea
and
to
the
wicked
spirits
themselues
,
(
as
some
men
say
)
who
are
not
condemned
,
without
their
cause
be
first
heard
:
seeing
that
it
is
altogether
manifest
,
that
this
pretended
sentence
against
the
King
of
Bohemia
,
was
not
onely
published
without
any
formalitie
,
as
it
hath
many
times
bin
sayd
,
but
extorted
and
procured
by
the
importunate
solicitations
of
the
Spanish
Ambassador
,
at
whose
lodging
the
first
counsell
was
holden
,
as
also
by
treaties
made
vnder
hand
and
cauteously
with
the
Archbishop
of
Mayence
and
others
,
all
without
the
knowledge
of
the
Ellectorall
colledge
:
which
ought
lawfully
to
assemble
,
demurely
to
waigh
the
pernicious
consequence
of
so
violent
and
rigorous
a
proceeding
,
whereof
may
ensue
the
ruine
and
entire
desolation
of
all
the
Countrie
.
And
although
they
seeke
to
colour
and
excuse
this
head-strong
proceeding
(
which
is
so
much
the
better
knowne
,
that
tenne
monthes
before
the
pretended
sentence
,
they
beganne
to
practise
the
execution
by
force
of
armes
)
in
this
sort
,
that
by
vertue
of
the
Emperiall
constitutions
and
edicts
,
in
case
of
a
manifest
and
permanent
rebellion
,
there
is
no
neede
of
any
formall
Proces
against
those
that
are
attainted
,
but
rather
by
the
tenor
of
the
same
it
is
permitted
to
proceed
actually
(
against
those
that
are
culpable
)
by
force
of
armes
:
and
yet
they
cannot
shew
any
such
manifestation
of
the
Act
which
is
now
in
question
.
Seeing
that
the
King
of
Bohemia
,
did
neither
by
practises
,
force
,
or
other
meanes
,
intrude
himselfe
into
the
Kingdome
,
but
entred
therein
,
and
tooke
possession
by
a
most
iust
Title
,
as
beleeuing
most
assuredly
that
the
Crowne
was
vacant
,
as
appeareth
by
the
manifest
protestations
and
declarations
by
him
published
and
sent
into
all
the
parts
of
Europe
.
In
such
manner
,
that
the
notice
required
,
to
forme
a
Processe
vpon
the
constitutions
,
against
the
perturbators
of
the
publike
peace
,
can
haue
no
place
in
this
subiect
;
and
if
this
pretended
infraction
be
so
notorious
as
they
sayd
,
why
did
they
not
at
the
first
serue
their
turnes
,
with
the
reasons
and
edicts
of
the
Empire
,
which
they
now
alledge
?
Why
did
they
deferre
eight
moneths
,
and
vntill
the
assembly
at
Mulhausen
,
(
whereof
there
could
not
a
copie
be
had
,
notwithstanding
all
the
instance
that
could
be
vsed
therein
)
to
frame
a
Proces
in
so
notorious
a
crime
as
they
pretend
it
to
be
?
why
did
they
not
in
an
Act
holden
to
be
so
euident
,
stand
to
the
constitutions
published
for
the
execution
of
the
Emperiall
Ban
?
why
did
they
not
call
the
iurisdictions
to
put
their
helping
hands
therevnto
?
But
why
in
a
crime
made
so
notorious
,
did
a
great
part
of
the
Catholique
Romaine
states
declare
themselues
Neutrall
?
Why
were
they
prayed
and
requested
as
well
by
the
Emperor
,
as
by
the
Arch
Duke
Albertus
of
Austria
,
and
Marquis
Spinola
,
to
continue
and
abide
in
those
tearmes
of
Neutralitie
?
seeing
it
is
so
,
that
in
such
and
the
like
actions
concerning
the
publike
necessitie
of
the
Countrie
,
euery
one
is
bound
,
to
contribute
something
thereunto
;
and
without
any
exemption
,
to
aide
and
succour
those
,
that
therein
are
oppressed
?
And
how
comes
it
,
that
the
Duke
of
B●uiere
,
with
his
Armie
intimating
the
Emperiall
commission
,
maketh
a
distinction
betweene
the
Elector
Palatine
,
and
the
states
of
Bohemia
,
whom
hee
saith
hee
would
pursue
as
notorious
rebells
.
A
crime
whereof
he
dischargeth
the
Elector
Palatine
,
when
he
saith
,
that
touching
him
,
the
sayd
Elector
,
hee
stood
not
in
such
tearmes
:
And
besides
all
these
things
,
this
pretended
notoriousnes
is
made
voide
and
disanulled
,
by
the
diuers
deductions
and
apologies
of
the
sayd
edicts
of
the
Realme
of
Bohemia
,
which
are
extant
through
out
the
world
.
We
must
no
lesse
consider
for
the
first
point
,
that
in
this
exorbitance
,
they
seeke
to
ground
the
pretended
declaration
of
the
Emperiall
Ban
,
onely
vpon
the
Emperiall
constitutions
of
the
Empire
,
touching
the
publike
peace
,
which
neuerthelesse
;
according
to
the
tenor
thereof
,
doe
not
concerne
nor
bind
the
King
of
Bohemia
,
seeing
that
such
constitutions
,
were
not
made
nor
determined
within
,
but
with
the
sixe
Electors
,
and
other
states
of
the
Empire
,
concerning
the
superiors
,
and
the
subiects
,
comprehended
in
the
tenne
iurisdictions
of
Germainy
:
and
that
so
a
state
of
the
Empire
cannot
be
punished
nor
persecuted
as
a
breaker
of
the
publike
peace
,
by
reason
of
an
offence
imputed
to
the
King
of
Bohemia
,
for
it
is
most
euident
and
manifest
,
that
a
King
of
Bohemia
,
doth
not
acknowledge
the
superioritie
of
a
Romaine
Emperor
,
but
in
regard
of
the
Electorall
dignitie
,
and
of
the
Office
of
chiefe
Cupbearer
;
and
that
touching
other
things
,
the
Crowne
of
Bohemia
is
exempted
from
his
Emperiall
iurisdiction
,
in
the
same
manner
that
diuers
other
vassals
and
members
of
the
Empire
are
,
as
Milan
,
Sanoye
,
and
many
others
in
Italie
and
else
where
:
which
neither
will
be
,
nor
are
bound
to
the
aforesayd
constitutions
,
touching
the
breaches
of
publike
peace
:
from
whence
also
it
follow●h
that
in
the
Emperiall
assemblies
,
and
when
question
is
m●de
of
contributions
for
monies
,
and
other
affaires
:
the
sayd
Realme
is
alwaies
accounted
as
a
stranger
,
and
is
not
bound
to
contribute
to
the
charges
of
the
executions
of
the
Empire
,
against
the
publike
perterbators
thereof
:
as
it
is
yet
manifest
by
the
declaration
made
by
the
Emperor
Ferdinand
the
first
,
to
the
states
of
the
Empire
,
Anno
165●
wherein
hee
protesteth
and
saith
,
that
the
say●
Realme
of
Bohemia
is
exempted
,
and
dependeth
not
on
the
Empire
.
And
the
memorie
is
yet
fresh
touching
that
which
hapned
to
the
Emperor
Rodulph
,
for
whose
sake
no
man
stirred
,
although
his
two
Crownes
were
taken
from
him
,
and
that
hee
had
held
the
Scepter
,
and
gouerned
the
Empire
36.
yeares
.
And
it
was
neuer
vnderstood
that
the
Crowne
of
Bohemia
,
had
any
respect
or
regard
to
the
publike
tranquilitie
of
the
Empire
,
or
to
the
publike
lawes
for
the
conseruation
thereof
,
but
alwayes
followed
the
example
of
other
Realmes
,
and
strange
Potentates
,
according
to
their
lawes
and
perticular
customes
.
But
looking
neerer
into
the
constitutions
concerning
the
publike
peace
,
as
the
onely
ground
and
foundation
alledged
by
this
declaration
;
we
shall
cleerely
by
the
qualities
that
therein
are
required
,
perceiue
and
see
the
nullitie
thereof
:
for
as
in
all
faults
and
offences
a
man
must
be
attainted
of
a
manifest
practise
to
make
him
culpable
:
so
in
this
crime
of
breaking
of
the
publike
peace
,
the
like
must
be
done
.
Now
touching
the
King
of
Bohemia
,
whom
they
will
make
criminall
in
this
subiect
,
it
will
neuer
be
proued
,
that
he
did
euer
vse
any
practise
or
fraud
,
neither
before
the
acceptation
of
the
Crowne
of
Bohemia
,
at
the
receiuing
thereof
,
nor
after
the
same
:
for
those
that
haue
published
the
declaration
,
therin
attest
,
that
presently
after
the
troubles
raised
in
the
same
realm
;
his
Maiestie
vsed
all
the
meanes
he
could
to
quench
that
fire
,
and
to
end
that
difference
:
from
whence
he
solemnely
protesteth
,
calling
and
taking
God
to
witnes
,
that
he
neuer
practised
to
haue
that
election
put
vpon
him
,
which
so
vnexpectedly
fell
vnto
him
:
which
assertions
and
assurances
hee
may
well
stand
vpon
,
vntill
such
time
that
the
contrarie
is
shewed
and
brought
to
light
,
which
vntill
this
day
neuer
any
man
dust
vndertake
.
In
such
manner
,
that
it
cannot
be
supposed
,
that
his
Maiesty
euer
had
any
desseigne
or
thought
to
breake
and
trouble
the
publike
peace
:
because
he
alwayes
alledged
the
sayd
Title
to
be
lawfull
,
wherewith
the
Emperor
would
serue
his
turne
in
his
pretences
.
And
put
the
case
,
that
in
the
refusall
of
the
sayd
Emperor
,
the
state
,
of
Bohemia
did
commit
a
fault
(
which
yet
is
not
proued
)
that
neuer
the
lesse
cannot
be
imputed
to
a
practise
or
deceite
in
the
King
of
Bohemia
:
He
hauing
not
in
any
sort
done
,
nor
procured
any
thing
to
that
effect
;
much
lesse
then
ought
they
to
vse
any
extreamities
against
him
either
in
his
body
,
honors
,
or
goods
,
before
he
were
conuicted
of
deceit
and
fraudulent
dealing
.
For
touching
that
which
they
alledge
;
that
he
,
as
he
is
Elector
Palatine
is
bound
to
beare
respect
vnto
the
Emperor
,
that
cannot
in
any
manner
iustifie
these
proceedings
;
for
that
he
hath
alway
borne
that
respect
vnto
the
Emperor
,
that
is
due
vnto
him
as
Emperor
,
and
neuer
pretended
any
thing
against
him
in
that
qualitie
;
but
onely
in
qualitie
of
Archduke
of
Austria
:
He
hath
not
also
enterprised
any
thing
against
his
greatnes
and
Imperiall
authoritie
.
And
it
cannot
be
verified
by
the
Oath
of
fidelitie
of
the
Princes
of
the
Empire
,
that
any
mention
is
therin
made
touching
the
goods
&
Patrimoniall
estates
of
the
house
of
Austria
.
In
such
manner
that
in
these
occurrents
of
Bohemia
,
touching
the
perticular
pretences
of
the
sayd
house
of
Austria
;
that
Oath
of
fidelitie
will
serue
their
turnes
as
litle
as
it
did
when
the
states
of
the
Empire
did
by
vertue
of
the
sayd
Oath
,
refuse
to
deale
with
the
warres
which
the
Emperor
Maximilian
the
first
had
with
Fraunce
,
the
Venetians
,
the
Low-countries
,
and
Zwitzerland
;
or
to
take
part
with
the
quarrell
of
Charles
the
fifth
,
against
William
Duke
of
Iulliers
in
respect
of
Gelderland
,
or
to
esteeme
that
the
recouerie
of
the
Dutchie
of
Wertemburg
was
a
thing
that
concerned
the
Empire
,
or
that
it
was
a
matter
of
high
treason
.
Likewise
it
is
an
allegation
of
no
force
,
to
alledge
the
reuolt
made
in
Austria
,
by
meanes
of
the
Bohemian
armie
,
to
proue
the
practise
and
deceite
alledged
;
seeing
it
is
manifest
,
that
the
same
Armie
was
vnder
the
pay
and
commaund
of
the
sayd
states
of
Bohemia
,
and
sent
by
them
into
Austria
,
thereby
to
diuert
their
enemies
,
and
to
recouer
that
good
&
treasure
which
the
Earle
of
Dampiere
had
forcibly
taken
from
them
in
their
Countrie
,
and
that
a
good
while
before
the
Election
,
and
acceptation
of
the
Crowne
of
Bohemia
,
in
such
manner
that
the
same
reuolt
,
cannot
be
imputed
to
the
King
of
Bohemia
.
Now
,
for
that
by
vertue
of
the
said
most
manifest
disposition
,
set
downe
in
the
constitution
of
the
Empire
,
anno
1594.
it
is
necessary
,
that
in
all
actions
,
whereon
men
will
ground
the
rigorous
paines
and
punishments
,
pronounced
against
the
infringers
of
publike
peace
,
the
qualities
thereof
ought
to
be
euidently
shewed
,
together
with
a
manifest
proofe
of
a
true
(
and
not
a
faigned
)
indirect
course
,
and
that
for
want
thereof
,
the
defendant
and
he
that
is
accused
ought
necessarily
to
be
absolued
.
Seeing
also
,
that
the
Elector
Palatine
hath
etterprized
nothing
but
that
;
whereunto
,
the
generall
election
of
fiue
seuerall
Prouinces
had
inuited
him
:
and
that
after
the
example
of
diuers
other
Potentates
,
and
namely
of
those
of
the
house
of
Austria
,
to
discharge
his
conscience
,
and
to
preserue
the
said
Prouinces
from
greater
desolation
and
danger
,
to
be
wholy
withdrawne
from
the
Empire
,
wherein
he
hath
been
more
commended
then
blamed
by
diuers
great
personages
and
others
,
namely
Strangers
,
hauing
a
regard
to
the
State
of
the
affaires
,
the
Bohemians
griefes
,
and
the
dispaire
whereinto
they
were
reduced
.
Therefore
it
is
referred
to
the
Iudgement
of
all
the
world
;
whether
his
actions
ought
to
be
held
and
iudged
to
be
a
rupture
of
the
publicke
peace
,
And
whether
in
regard
of
the
same
,
a
most
notable
and
speciall
member
of
the
Empire
,
without
notice
of
the
cause
,
and
against
the
constitutions
and
capitulations
aforesaid
,
ought
to
be
banished
and
dealt
withall
in
such
manner
:
with
com●●●dement
to
all
others
,
not
to
adhere
vnto
him
,
nor
yet
in
●hy
manner
to
ayde
him
(
although
it
should
be
only
against
the
sence
of
the
said
Declaration
of
Ban
)
vpon
paine
of
losse
of
life
,
and
likewise
to
be
comprehended
in
the
said
Declaration
:
which
is
no
other
but
to
introduce
a
Spanish
seruitude
,
and
to
attribute
vnto
the
Emperour
,
an
absolute
authority
of
life
and
death
ouer
all
the
States
of
the
Empire
,
that
would
oppose
themselues
against
the
particular
pretences
of
succession
,
and
others
of
his
house
.
Whereby
it
would
follow
,
that
the
Emperour
should
be
permitted
to
serue
his
turne
,
(
by
the
meanes
of
his
passionate
Counsellors
)
with
an
absolute
power
,
which
the●
call
plenitudinem
potestatis
,
as
in
effect
in
the
said
Declaration
,
more
then
once
they
presuppose
such
a
power
,
for
the
ground
thereof
:
although
the
capitulation
made
with
an
Oath
by
the
Emperour
to
the
Electors
,
should
derogate
from
an
absolute
power
,
and
that
the
Doctors
of
the
Ciuill
Law
will
not
heare
,
speaking
of
an
Act
of
so
great
importance
;
and
so
the
Emperour
(
by
vertue
of
that
power
,
without
any
contradiction
)
might
decree
,
ordaine
,
and
doe
what
he
thought
good
for
his
particular
profit
,
or
for
that
of
his
friends
,
or
to
the
preiudice
of
the
liberties
of
Germanie
,
notwithstanding
all
Emperiall
constitutions
and
ordinances
.
To
conclude
,
all
true
Germanes
and
louers
of
their
Countrey
and
the
Liberties
of
the
same
,
are
desired
and
coniured
to
haue
a
regard
to
this
lo
suddaine
,
extraordinary
,
and
most
dangerous
proceeding
to
all
the
States
of
both
Religions
,
and
to
beleeue
,
Quod
cuiuis
contingere
potest
quod
cuiquam
contingit
.
The
most
puissant
God
,
direct
and
guide
the
thoughts
of
euery
man
in
the
way
of
truth
and
equity
,
and
of
his
paternall
grace
,
cause
our
natiue
and
deere
Countrey
,
to
enioy
a
good
and
secure
peace
.
FJNJS
.