THE
SIFTING
OF
THE
IMPERIALL
Answers
,
given
in
the
PALATINE
Cause
.
With
an
annexed
short
Remonstrance
of
the
Nullities
of
the
dispositions
in
the
translation
of
the
Electorall
Dignitie
.
THe
yeere
last
past
,
when
the
most
Soveraign
King
of
Great
Britaine
sent
his
Ambassador
,
Thomas
Howard
Earle
of
Arundell
and
Surrie
,
Earle
Marshall
of
England
,
to
the
Emperour
Ferdinand
the
second
,
to
treat
in
the
cause
of
the
Prince
Palatine
and
require
Restitution
for
his
Nephew
Prince
Elector
,
Charles
Lodowicke
,
and
his
Brethren
,
divers
people
scattered
divers
words
,
spent
their
judgements
and
opinions
thereupon
;
the
actions
of
Princes
(
as
it
is
customary
)
being
diversly
construed
by
the
vulgar
.
Some
averred
,
that
the
experience
of
so
many
yeeres
,
so
many
Ambassagies
,
so
much
interceeding
already
in
the
Cause
of
the
Palatinate
,
was
a
sufficient
testimony
,
of
a
default
in
that
advise
,
by
slacknesse
and
haesitation
;
that
nothing
could
bee
expected
by
Treaty
,
nothing
obtained
by
conference
and
reasonable
Conditions
,
nothing
could
bee
extorted
by
the
transactions
of
the
moderate
and
just
King
.
That
the
Austrians
,
Bavarian
,
and
their
Confederates
,
having
already
destinated
the
Line
of
the
Prince
Palatine
for
death
,
would
never
grant
that
it
should
rise
againe
,
and
the
exiled
Palatine
Princes
more
carefull
of
the
ancient
liberty
and
greater
enemies
to
innovation
then
the
rest
,
now
growne
stronger
,
by
a
new
alliance
and
friendship
of
forraigne
Kings
,
being
restored
to
their
former
estate
,
should
returne
into
their
Country
,
and
be
a
terrour
to
those
families
,
and
like
thornes
in
their
eyes
.
That
the
Austrians
,
being
growne
more
insolent
by
the
timorousnesse
of
the
adverse
Partie
,
had
already
setled
to
their
owne
affaires
.
That
the
Palatine
businesse
did
more
and
more
decline
,
that
the
Prince
his
friends
,
Companions
and
Assistants
,
suspended
with
feare
and
doubt
,
and
often
deluded
with
hope
of
taking
Armes
in
the
Cause
of
the
Palatinate
,
were
compelled
by
necessity
to
leave
his
Partie
,
and
enter
into
new
Confoederacies
.
That
the
Swedes
and
the
French
onely
were
yet
remaining
,
whose
love
and
alliance
was
to
be
accepted
,
with
whom
He
should
joyne
in
Armes
,
and
Counsell
,
till
with
a
potent
and
victorious
Army
,
they
might
weary
the
Austrians
.
That
the
occasion
was
not
to
be
neglected
,
that
this
Lethargie
was
to
be
shaken
off
;
that
to
attempt
the
negotiation
againe
by
Treaties
,
(
which
so
often
had
prooved
fruitlesse
)
and
to
forbeare
Armes
,
in
which
the
onely
hope
of
attaining
the
end
consisted
,
was
a
token
of
indiscretion
or
sluggishnesse
.
Have
not
the
Kings
of
England
by
the
space
of
these
18.
yeeres
bin
deluded
by
the
Austrians
?
will
they
still
suffer
themselves
to
be
gulled
with
words
?
Dare
they
not
awake
from
sleepe
,
and
remember
their
former
injuries
?
These
,
and
words
to
the
same
effect
,
were
spoken
commonly
by
the
military
men
,
which
breathed
out
warre
,
and
burned
with
a
desire
thereunto
.
Others
,
which
would
be
accounted
more
moderate
,
and
of
a
more
peaceable
condition
,
commended
the
Kings
Wisedome
,
Piety
,
and
equanimity
,
granting
notwithstanding
,
that
nothing
hath
bin
done
hitherto
by
so
many
Legations
and
Embassies
in
the
Cause
of
the
Palatinate
,
but
that
all
that
labour
and
endeavour
vanished
into
smoke
:
Yet
that
it
was
to
be
considered
;
That
after
the
death
of
the
King
Friderick
,
for
whom
especially
it
was
interceded
,
whose
restitution
,
and
reconciliation
was
chiefly
aimed
at
;
whom
the
Caesareans
stiled
the
Author
,
and
fire-brand
of
all
those
troubles
,
and
with
whom
only
they
averred
themselves
to
be
offended
.
The
state
of
things
was
not
a
little
altered
,
and
therefore
it
was
probable
,
that
their
hatred
and
wrath
was
somewhat
abated
,
that
the
Imperialists
(
as
they
pretended
)
would
now
become
more
moderate
men
,
and
casting
off
their
old
rancour
,
the
father
being
dead
,
would
not
take
vengeance
of
the
guiltlesse
children
,
and
therefore
concluded
the
King
did
wisely
,
that
by
a
solemne
Legation
in
the
name
of
his
Nephews
,
He
attempted
to
make
their
composition
,
and
procure
the
restitution
upon
Conditions
,
and
might
try
whether
their
adversaries
were
still
as
cruell
and
insolent
against
them
,
as
they
had
bin
formerly
against
their
father
,
seeing
there
was
far
lesse
cause
for
it
,
against
them
,
then
against
him
.
Besides
,
of
the
other
side
,
the
King
had
good
hope
to
obtaine
their
restitution
,
that
he
was
desired
to
come
to
a
Parley
,
and
to
send
an
Embassie
with
full
power
to
Caesar
,
assoone
as
might
be
;
and
these
concurrents
promised
an
happy
issue
.
This
hope
if
hee
had
despised
,
or
either
relinquished
the
businesse
,
as
lost
,
or
made
warre
upon
that
occasion
,
the
adversaries
then
,
might
have
had
good
cause
,
and
pretence
,
to
complaine
of
his
weakenesse
or
rashnesse
.
Besides
,
they
said
,
there
were
some
other
causes
that
made
the
King
demurre
upon
the
matter
,
holding
it
unfit
to
take
Armes
with
vnwashed
hands
,
and
before
hee
had
better
setled
his
owne
affaires
;
and
that
though
it
was
to
be
feared
,
that
this
Embassie
would
be
also
fruitlesse
,
and
unhappy
,
and
in
the
meane
season
the
faire
occasion
of
warre
would
be
neglected
;
Yet
the
King
neverthelesse
,
should
thereby
get
this
benefit
;
that
not
onely
the
justice
of
the
cause
,
the
innocency
of
his
Nephewes
,
the
pride
of
their
enemies
,
and
the
injuries
done
by
them
,
would
more
cleerely
appeare
;
but
that
himselfe
also
must
be
justly
excused
,
and
commended
,
if
after
all
experiments
,
and
this
last
endeavour
(
which
yet
remained
)
of
making
a
Peace
by
Treaties
,
he
should
bee
unwillingly
forced
to
attempt
another
way
.
These
,
and
the
like
reasons
,
mooved
the
deservedly
stiled
,
most
Wise
and
Moderate
King
,
to
send
His
Ambassador
Thomas
Howard
Earle
of
Arundel
and
Sarri●
,
with
all
speed
to
Caesar
,
with
perfect
instructions
for
that
negotiation
.
At
the
Ambassadors
first
arrivall
in
Germany
,
some
things
happened
beyond
his
expectation
;
from
whence
,
the
more
curious
sort
of
men
,
began
to
divine
forthwith
of
the
successe
of
his
Embassie
.
For
,
first
,
he
was
compelled
to
bee
an
eye-witnesse
of
the
cruelties
,
practised
upon
the
bodies
,
and
goods
,
of
the
miserable
Citizens
,
and
inhabitants
of
Frankendale
,
for
whom
himselfe
became
an
intercessor
.
Some
were
clapt
in
prison
,
and
constrained
by
threats
,
and
famine
,
to
pay
their
unjust
ransomes
:
others
vexed
with
extorsions
,
tributes
,
burthens
,
and
services
,
pined
away
for
sorrow
:
the
more
he
complained
,
and
intreated
for
them
,
the
sharper
was
their
vsage
;
No
mercy
could
hee
obtaine
for
them
,
by
his
suit
and
intreaties
either
from
Caesar
,
the
King
of
Hungary
their
Ministers
,
or
the
Spanish
Ambassadors
:
no
assurance
that
those
Conditions
which
were
granted
them
at
their
yeelding
should
be
observed
;
but
from
the
time
that
he
first
pleaded
for
them
,
they
were
(
as
on
purpose
)
used
more
hardly
.
And
how
then
could
he
hope
to
obtaine
the
maine
suit
,
when
these
trifles
were
denyed
him
.
Againe
,
when
at
Norimberg
,
he
understood
by
Iohn
Taylor
,
who
came
from
the
Emperors
Court
,
that
the
King
of
Hungary
,
(
who
was
then
at
Nordlingen
,
in
Swaben
,
and
going
to
the
Imperiall
Army
)
desired
,
that
he
would
meet
him
upon
the
way
,
(
as
he
seemed
desirous
to
speake
with
the
Ambassador
)
he
sent
Taylor
before
him
,
to
appoint
the
time
,
and
the
place
of
their
meeting
,
and
to
informe
him
of
what
was
done
.
But
after
some
dayes
waiting
for
an
answere
,
he
perceived
in
the
end
,
the
King
did
either
seeme
lesse
carefull
of
meeting
him
,
then
any
other
businesse
,
or
else
to
have
meerely
forgot
it
;
And
yet
more
,
neither
by
Letters
nor
Agent
(
which
is
the
custome
,
when
the
Ambassadors
of
Kings
come
to
the
Provinces
,
and
Dominions
of
other
Princes
)
did
hee
vouchsafe
to
greet
him
;
which
was
accounted
,
a
token
,
either
of
pride
,
or
contempt
,
or
inurbanity
.
At
last
,
he
found
the
King
according
to
his
fathers
command
and
the
writings
drawen
up
at
Donawerth
,
(
the
very
same
time
when
they
had
appointed
to
meet
)
giving
,
and
delivering
to
the
Iesuits
,
certaine
consecrated
goods
,
lands
,
revenues
,
and
intire
Monasteries
,
in
the
Lower
Palatinate
;
which
upon
the
marriage
of
the
Queene
of
Bohemia
his
Kings
sister
,
were
conveighed
unto
her
for
her
Iointure
,
which
was
no
good
token
,
of
a
will
inclining
to
restitution
,
when
he
shewed
himselfe
more
forward
,
to
alienate
,
rend
,
and
distract
that
estate
,
then
to
restore
it
.
When
he
came
to
Lintz
(
a
towne
of
eminency
in
the
upper
Austria
)
where
Caesar
then
abode
,
being
within
few
dayes
after
bound
for
Ratisbon
,
where
the
Septemvirat
Counsell
was
assembled
;
he
was
indeed
entertained
in
great
state
,
and
much
complement
,
and
had
free
and
frequent
accesse
to
Caesar
and
the
Empresse
;
but
about
the
Cause
he
came
to
treat
of
,
for
many
dayes
,
he
found
a
still
silence
.
Neverthelesse
,
at
last
impatient
of
delay
,
he
having
more
importunately
urged
it
,
Caesar
,
as
seeming
desirous
to
treat
of
the
businesse
seriously
,
appointed
certain
Counsellors
,
who
should
conferre
with
him
;
namely
,
the
Bishop
of
Vienna
,
Peter
Henry
Stralendorff
Vice-Chancellor
of
the
Empire
,
and
Iustus
Gebhard
a
Civilian
.
Once
they
met
,
and
no
more
,
to
wit
,
upon
the
14.
of
the
Kalends
of
August
:
for
the
Ambassador
having
perused
the
Commission
which
the
Emperour
had
given
his
Counsellours
,
for
treating
about
this
businesse
,
found
amongst
other
instructions
,
this
,
That
the
King
of
Great
Britaine
,
by
Iohn
Taylor
,
had
offered
to
enter
into
,
and
settle
an
offensive
,
and
defensive
League
,
with
his
Imperiall
Majesty
and
the
house
of
Austria
,
against
the
common
enemies
and
adversaries
of
that
State
.
The
Ambassadour
knowing
this
to
be
false
,
and
against
the
Kings
repute
,
credit
,
and
integrity
;
accounted
that
by
vertue
of
his
office
,
he
was
bound
to
vindicate
the
King
,
from
this
imputation
,
and
to
confute
,
and
contradict
it
both
by
word
and
writing
;
And
this
was
the
cause
which
then
hindred
him
from
further
discourse
with
them
;
And
thus
he
began
;
These
things
(
said
he
)
being
so
unworthy
,
and
altogether
from
the
meaning
,
faith
,
and
integrity
of
the
Kings
Majesty
,
I
have
conceived
,
that
it
wholly
appertaineth
to
my
office
,
and
the
honour
and
dignity
of
his
Royall
Majesty
,
to
declare
the
sorrow
,
and
griefe
of
mind
which
I
have
hence
received
,
both
by
word
and
writing
,
to
your
Imperiall
Majesty
;
protesting
publikely
;
That
,
it
is
not
only
against
the
intention
of
my
Soveraigne
the
King
,
nor
can
it
bee
spoken
without
some
note
of
ignominie
,
that
He
hath
of
his
owne
accord
offered
an
offensive
and
defensive
Leagve
,
to
your
Imperiall
Majesty
,
and
the
whole
house
of
Austria
,
against
the
enemies
of
that
family
:
which
truely
would
tend
both
to
the
offence
of
the
rest
of
His
Majesties
Confederates
,
who
might
thence
take
just
occasion
of
suspition
,
and
complaint
,
and
might
also
oblige
His
Majesty
to
what
He
cannot
doe
,
with
His
honour
and
conscience
,
without
great
cause
given
by
His
Allies
,
to
relinquish
their
necessitude
,
and
so
involve
himselfe
in
a
perpetuall
necessity
of
warre
.
But
,
if
Iohn
Taylor
the
Agent
for
the
King
,
my
Soveraigne
,
hath
promised
any
such
thing
,
or
ministred
any
hopes
of
it
,
as
it
is
expresly
set
downe
,
in
the
words
of
that
Commission
:
I
must
needs
speake
it
,
he
hath
done
it
without
authority
,
and
is
bound
to
give
an
account
,
for
that
action
.
But
if
he
be
free
from
that
imputation
,
(
as
he
protesteth
he
is
,
affirming
that
he
never
spake
such
words
,
appealing
withall
to
his
remembrances
,
delivered
to
the
Imperiall
Court
,
)
what
can
I
else
inferre
,
or
say
,
But
that
there
is
a
strange
affront
,
done
both
to
the
King
,
and
me
His
Ambassadour
,
when
to
my
face
,
by
a
publike
escript
such
dishonourable
and
strange
things
,
are
thrust
upon
us
?
The
case
then
being
thus
;
I
humbly
beseech
your
Imperiall
Majesty
,
that
your
wisedome
would
weigh
,
and
so
order
this
matter
that
no
such
thing
,
as
may
be
ignominous
and
dishonourable
to
the
King
,
or
my selfe
,
may
bee
done
,
written
,
or
spoke
:
but
that
all
delaies
and
circumstances
set
apart
,
wee
may
come
sincerely
to
the
matter
,
and
,
as
soone
as
may
bee
,
I
may
receive
that
answer
which
may
be
welcome
,
acceptable
,
and
satisfactory
to
his
Royall
Majesty
,
and
may
also
bee
a
token
that
the
businesse
is
handled
seriously
,
and
with
hope
of
good
successe
.
Caesar
replyed
hereunto
,
by
a
large
writing
,
and
full
of
words
,
both
explaining
his
owne
minde
and
opinion
,
and
repeating
out
of
the
remembrances
what
ever
at
any
time
had
beene
done
,
sayd
,
written
,
and
treated
to
,
and
fro
,
concerning
the
matter
,
and
forme
of
the
propounded
league
.
And
in
the
end
concluded
thus
.
All
these
things
then
being
thus
,
as
they
are
proved
out
of
the
Originall
writings
,
which
are
alledged
and
may
be
seene
;
and
seeing
that
by
them
,
it
may
easily
appeare
to
any
one
,
that
neither
his
Sacred
Imperiall
Majesty
,
nor
the
most
Illustrious
King
of
great
Britaine
,
had
any
intention
to
conclude
an
offensive
and
defensive
League
of
one
side
onely
,
and
onely
against
the
enemies
of
one
of
them
,
but
against
the
common
adversaries
of
both
Parties
;
seeing
also
,
that
if
the
conclusion
had
beene
made
onely
against
the
enemies
of
one
Party
,
it
had
beene
repugnant
to
the
nature
of
such
Confederacies
;
and
since
otherwise
the
limitation
and
moderation
of
such
agreements
ought
to
depend
upon
the
treaties
used
in
their
confirmation
;
whereby
is
discovered
what
is
agreeing
to
reason
,
and
honourable
,
and
beseeming
both
Parties
.
And
to
conclude
,
when
it
cannot
bee
thought
,
that
the
equity
,
and
good
affection
of
his
Sacred
and
Imperiall
Majesty
,
towards
the
Illustrious
King
of
Great
Britaine
,
would
desire
any
thing
of
him
,
that
should
be
contrary
to
his
reputation
and
dignity
:
His
Imperiall
Majesty
doth
confidently
beleeve
,
that
there
is
no
man
who
will
blame
Him
,
that
Hee
would
thus
question
this
matter
,
and
with
all
gentlenesse
,
explaine
it
;
not
denying
neverthelesse
,
but
that
there
may
be
such
moderation
used
concerning
the
often
mentioned
clause
,
as
by
a
common
consent
may
bee
thought
fit
,
to
take
away
all
occasions
of
offence
.
But
for
the
principall
matter
,
he
wrote
againe
to
this
effect
,
That
he
remembred
he
had
declared
himselfe
to
the
Agent
of
the
said
most
Illustrious
King
of
Great
Britaine
,
in
what
sense
,
he
desired
that
to
sundry
his
former
decrees
,
and
namely
that
of
the
xxiv
.
of
February
last
past
,
there
might
bee
added
a
new
Condition
,
to
wit
,
in
respect
of
the
causes
and
reasons
there
alledged
;
that
if
the
Count
Palatine
Charles
Lodowick
,
should
perform
the
conditions
contained
in
the
said
decree
,
then
hee
would
mercifully
discharge
Him
of
the
Imperiall
Ban
,
derived
unto
Him
by
his
fathers
trespasse
,
that
he
might
bee
received
into
the
state
&
degree
of
the
Princes
of
the
Sacred
Empire
,
and
hee
would
also
restore
him
,
into
no
despicable
part
of
his
ancient
dominions
;
and
according
to
the
agreement
setle
him
in
the
same
.
Lastly
,
when
there
should
bee
a
treaty
thereon
;
hee
would
observe
such
moderation
,
both
concerning
the
Electorall
Dignity
,
and
other
things
then
required
,
and
propounded
,
that
in
those
things
,
which
might
be
granted
upon
tearmes
of
justice
,
both
the
most
Illustrious
King
of
Great
Brittaine
,
might
see
the
good
affection
of
his
Sacred
Imperiall
Majesty
towards
him
,
and
also
the
often
named
Count
Palatine
,
might
easily
apprehend
the
readinesse
of
his
favour
towards
him
.
That
his
Sacred
Imperiall
Majesty
,
doth
yet
the
more
firmely
continue
the
same
gracious
intention
,
and
stand
to
the
said
declaration
,
the
rather
,
because
by
the
said
Lord
Ambassadour
,
and
former
Letters
,
and
Commissions
,
hee
hath
beene
certified
,
of
the
good
affection
of
the
most
Illustrious
mentioned
King
,
(
who
had
no
other
than
a
faire
and
sincere
intention
,
in
all
former
treaties
,
and
propositions
towards
himselfe
and
his
Princely
family
:
)
to
which
will
,
and
intention
,
his
Sacred
Imperiall
Majesty
affirmeth
he
will
be
answerable
,
and
so
remaine
constantly
,
judging
it
fit
,
that
the
matter
of
which
he
had
beene
pleased
,
once
to
have
made
a
Treaty
,
should
now
also
remaine
established
.
And
yet
moreover
,
seeing
his
often
named
Sacred
Imperiall
Majesty
,
not
bound
by
any
Law
,
but
moved
thereunto
by
his
meere
Grace
and
Imperiall
mercy
,
and
especially
by
his
affection
and
love
to
the
most
Illustrious
King
of
Great
Britaine
,
and
the
desired
sight
of
their
hereafter
mutuall
Confederacy
,
hath
already
thus
farre
declared
,
and
doth
yet
declare
Himselfe
:
And
also
,
the
forenamed
Lord
Ambassadour
having
opened
himselfe
,
to
this
purpose
,
that
it
is
not
the
intention
,
of
his
most
Soveraigne
King
,
that
the
foresaid
totall
restitution
,
should
be
made
instantly
;
hence
,
his
Sacred
Majesty
thought
it
fit
,
and
beleeved
,
it
would
ensue
,
that
the
said
Lord
Ambassadour
,
would
not
be
unwilling
to
explaine
himselfe
any
further
,
than
concerning
the
manner
,
of
the
desired
totall
restitution
,
and
especially
touching
the
Electorall
dignity
,
as
also
about
those
things
,
of
which
some
hope
was
given
to
his
said
Sacred
Imperiall
Majesty
;
to
wit
,
how
farre
the
said
King
of
great
Brittaine
,
would
ingage
Himselfe
with
his
Imperiall
Majesty
,
and
his
whole
Princely
House
of
Austria
,
and
what
hee
would
,
and
might
doe
for
their
benefit
.
To
this
the
Ambassadour
answered
,
That
,
it
appeared
plainely
,
out
of
his
owne
Imperiall
answere
,
that
neither
any
of
the
Kings
servants
,
nor
the
King
himselfe
,
in
any
of
his
writings
,
had
made
mention
of
such
a
league
,
no
not
so
much
as
by
word
,
or
familiar
discourse
,
unlesse
some
such
thing
,
might
bee
inferred
,
to
have
beene
spoken
out
of
the
bare
Relation
of
the
Count
of
Schonburg
,
the
Imperiall
Ambassador
in
Spaine
;
which
neverthelesse
,
doth
not
in
all
things
agree
with
the
(
pretended
)
offered
confederacy
.
And
if
any
such
thing
should
have
happened
in
their
private
conference
,
yet
it
is
a
new
and
unheard
of
way
of
Treaty
;
that
all
things
which
in
a
familiar
discourse
,
are
propounded
by
publike
ministers
,
should
be
inserted
into
publike
instruments
under
the
Seale
,
and
afterwards
objected
against
them
.
But
yet
,
what
maner
of
Confederacy
,
and
under
what
Conditions
it
was
offered
,
by
His
Royall
Majesty
,
it
did
plainely
appeare
,
both
by
the
words
and
meaning
of
the
writers
and
speakers
;
to
wit
,
that
,
If
his
Imperiall
Majesty
,
regarding
the
intercession
of
His
Royall
Majesty
,
should
restore
the
Electorall
Palatinate
,
with
the
annexed
dignity
and
liberties
,
and
by
this
meanes
lay
the
foundation
of
a
generall
setled
Peace
in
the
Empire
;
then
His
Royall
Majesty
,
would
enter
into
a
Covenant
with
His
Imperiall
Majesty
,
and
the
Famous
House
of
Austria
,
and
with
the
Septemvirate
and
States
of
the
Empire
,
for
the
obtaining
of
the
Peace
and
generall
tranquility
,
and
the
setling
of
it
upon
equall
Conditions
on
both
sides
;
and
to
defend
it
against
all
those
,
who
should
dare
to
impugne
such
a
sacred
agreement
.
Wherefore
,
he
did
humbly
beseech
His
Imperiall
Majesty
,
that
no
such
pretended
League
,
might
any
more
bee
objected
to
the
most
Illustrious
King
,
his
most
gracious
Lord
,
or
him
His
Ambassadour
;
nor
might
it
bee
any
more
an
hinderance
,
whereby
the
forementioned
plenary
restitution
,
might
not
maturely
be
perfected
,
without
further
procrastination
.
Next
he
refuteth
,
and
opposeth
the
proposition
and
offer
made
by
Caesar
,
in
standing
to
his
own
Decree
,
or
Declaration
given
to
Iohn
Taylor
,
Febr.
24.
Anno
1636.
saying
;
That
he
in
his
proposition
,
and
first
bill
of
remembrance
,
had
plainely
shewed
,
that
the
declaration
was
of
such
condition
,
as
could
give
the
King
no
satisfaction
,
both
because
the
things
therein
offered
,
were
far
inferiour
to
His
hope
and
expectation
;
in
that
the
restitution
of
the
most
Illustrious
Prince
,
the
Electour
,
His
Nephew
was
included
and
circumscribed
within
the
narrow
compasse
of
some
one
part
of
His
Dominion
(
which
neverthelesse
is
not
yet
named
)
as
also
,
because
it
is
said
,
that
his
Imperiall
Majesty
would
acquit
the
Count
Palatine
Charles
Lodowick
of
the
Imperial
Ban
derived
unto
him
by
reason
of
his
Fathers
trespasse
,
to
the
end
he
might
bee
received
againe
amongst
the
Princes
of
the
Empire
,
if
He
should
fulfill
the
Conditions
contained
therein
:
When
notwithstanding
,
it
is
manifest
,
that
the
most
Illustrious
Electour
,
Charles
Lodowick
,
is
guiltlesse
,
and
free
from
all
offence
,
and
born
a
Prince
of
the
Empire
;
that
the
right
given
by
God
,
by
nature
,
and
the
law
,
appertaines
unto
Him
,
and
cannot
bee
taken
from
Him
,
as
might
be
shewen
more
largely
,
if
need
required
.
Moreover
,
as
the
most
Illustious
King
desires
,
thankfully
to
entertaine
the
grace
and
clemency
of
His
Imperiall
Majesty
;
so
it
would
be
altogether
unjust
,
and
reproachfull
both
●o
Himselfe
,
and
His
Nephews
,
to
forsake
the
equity
and
justice
of
the
cause
;
which
is
grounded
upon
the
law
of
Nature
and
Nations
,
the
Golden
and
other
Imperiall
Bulls
,
and
the
fundamentall
Lawes
of
the
Empire
,
as
most
plainely
may
be
proved
in
its
proper
time
and
place
.
As
concerning
the
manner
of
the
desired
restitution
,
He
knoweth
no
other
,
than
that
the
most
Illustrious
Elector
Charles
Lodowick
and
his
Brethren
,
by
an
Imperiall
decree
,
reall
entrance
,
and
solemne
Investiture
(
customary
in
cases
of
this
nature
)
be
speedily
restored
unto
their
ancient
Dignities
,
Fees
,
Possessions
and
Priviledges
:
Then
that
they
againe
should
promise
reciprocally
,
and
doe
really
,
what
such
homagers
and
Princes
of
the
Empire
,
invested
,
and
admitted
into
possession
,
are
bound
and
ought
to
doe
and
performe
,
according
to
the
right
,
custome
,
and
prescription
of
the
Empire
.
But
in
the
behalfe
of
his
most
Soveraigne
King
,
he
doth
undertake
,
and
promise
,
that
,
if
for
His
sake
,
this
restitution
be
hastned
,
and
done
without
delay
;
then
His
royall
Majesty
,
should
willingly
performe
those
things
which
may
plainely
testifie
,
His
royall
,
and
singular
inclination
towards
his
Imperiall
Majesty
,
the
famous
house
of
Austria
,
and
peace
of
Germany
,
and
that
He
should
seale
to
all
this
,
and
confirme
it
,
both
in
His
owne
name
,
and
the
name
of
His
Nephews
,
in
publike
writings
,
and
conditions
;
to
which
end
,
he
hath
already
sent
his
Ambassador
,
with
a
sufficient
commission
,
and
ample
power
,
to
his
Imperiall
Majesty
,
and
the
Princes
of
the
Empire
.
To
this
the
Emperour
replyed
first
by
writing
,
and
afterward
by
his
Counsellors
,
viva
voce
;
by
writing
in
these
words
:
That
for
the
present
,
He
held
it
needlesse
to
dispute
of
priviledges
;
that
,
the
authority
of
the
Imperiall
Majesty
,
is
undoubtedly
grounded
not
onely
upon
the
common
Lawes
,
but
the
peculiar
constitutions
of
the
Empire
,
and
the
Decrees
of
the
Golden
Bull
,
and
confirmed
by
very
many
,
both
ancient
,
and
late
presidents
.
That
His
Imperiall
Majesty
,
had
used
this
liberty
,
for
the
free
disposing
of
the
Dominions
,
and
Dignities
of
the
often
named
Palatine
,
which
disposals
are
since
confirmed
by
the
late
Treaty
at
Prague
,
and
consequently
,
by
all
the
Princes
of
the
Sacred
Roman
Empire
.
From
hence
,
if
things
he
well
scanned
it
may
easily
appeare
,
whether
there
be
any
and
of
what
value
that
amity
is
,
which
his
Imperiall
Majesty
hath
formerly
offred
,
and
doth
yet
offer
,
to
the
children
of
the
Count
Palatine
,
and
how
much
it
ought
to
be
esteemed
.
All
which
being
truth
,
and
seing
that
his
mentioned
Imperiall
Majesty
,
hath
declared
himselfe
both
in
respect
of
his
affection
,
and
inclination
toward
the
most
Illustrious
King
of
Great
Brittaine
;
as
also
in
respect
of
his
clemency
,
toward
His
Nephewes
,
sometimes
the
children
of
Fredericke
Palatine
,
according
to
the
manner
,
and
under
the
conditions
contained
,
in
the
often
mentioned
decree
of
the
24th
of
February
:
Therefore
,
hee
thinkes
it
fit
,
and
doth
in
all
curtesie
require
it
,
that
the
said
Lord
Ambassadour
(
if
it
stand
with
his
liking
)
would
come
to
particulars
,
and
more
plainely
either
by
writing
,
or
(
if
it
please
him
)
which
his
Imperiall
Majesty
thinkes
more
convenient
)
by
conferring
with
his
Imperiall
Majesties
Commissioners
,
to
explaine
what
the
most
Illustrious
King
of
Great
Britaine
would
offer
reciprocally
,
and
intends
to
performe
to
his
Imperiall
Majesty
,
for
these
like
proffers
;
that
so
,
as
the
custome
is
,
in
a
faire
equipage
,
it
may
be
treated
,
agreed
,
and
concluded
,
of
things
required
and
to
be
done
on
both
parties
.
The
Ambassador
having
received
this
answere
,
declared
himselfe
to
be
therewith
nothing
satisfied
;
and
therefore
desired
,
that
his
Imperiall
Majesty
would
expresse
his
minde
more
plainely
and
fully
;
and
determinately
and
absolutely
declare
whether
he
had
resolved
to
do
any
thing
in
this
case
,
and
what
;
and
upon
what
Conditions
hee
would
restore
in
particular
.
He
therefore
having
called
his
Counsell
,
upon
the
Kalends
of
September
,
commanded
them
to
repaire
to
the
Ambassadour
,
and
speake
unto
him
to
this
effect
;
That
His
Imperiall
Majesty
,
having
weighed
and
considered
all
things
,
which
aswell
hitherto
had
been
presented
by
the
Ambassadour
,
as
also
were
necessarily
considerable
in
this
case
,
he
would
fairely
,
and
sincerely
,
deliver
his
mind
in
this
manner
.
That
the
whole
negotiation
,
consisted
especially
upon
three
heads
;
The
first
is
,
for
restitution
of
the
Lower
Palatinate
;
but
it
must
bee
knowne
,
that
the
King
of
Spaine
,
hold
one
part
thereof
,
as
a
pledge
for
his
great
expence
,
in
the
execution
committed
to
his
trust
;
that
the
Bavarian
hold
the
other
part
,
upon
the
like
tearmes
;
and
now
it
was
agreeable
to
reason
and
justice
,
that
both
these
personages
should
receive
satisfaction
,
before
that
they
restored
their
pledges
,
and
gages
:
that
His
Imperiall
Majesty
had
dealt
diligently
with
them
both
,
and
so
farre
prevailed
with
them
,
that
they
had
consented
to
the
Restitution
,
but
yet
upon
this
condition
,
that
some
profits
and
emoluments
might
bee
first
assured
,
and
performed
to
them
,
in
right
of
compensation
.
And
that
the
Count
Palatine
,
might
safely
,
quietly
,
and
without
impeachment
,
enjoy
the
things
to
bee
restored
;
His
Imperiall
Majesty
,
of
His
meere
favour
,
would
abrogate
His
proscription
,
and
receive
Him
into
the
State
,
and
Degree
of
the
Princes
of
the
Empire
.
The
second
head
concerneth
the
Electorall
dignity
.
But
because
His
Imperiall
Majesty
,
hath
lately
,
freely
,
and
absolutely
disposed
thereof
,
as
a
thing
divolved
to
His
Majesty
and
the
Empire
the
Electours
consenting
and
approoving
the
Act
,
according
to
the
prescript
of
the
Lawes
,
and
Imperiall
Constitutions
,
and
had
transferred
it
upon
the
Duke
of
Bavaria
(
a
man
of
high
deservings
with
Caesar
,
and
the
whole
Empire
,
)
and
to
the
Line
of
William
,
both
by
Investiture
and
other
Obligations
;
so
that
the
businesse
is
now
established
,
confirmed
,
and
unalterable
,
nor
is
it
lawfull
to
Treat
of
the
restoring
thereof
,
so
long
as
any
man
of
that
Line
shall
be
surviving
.
The
third
head
concernes
the
Vpper
Palatinate
.
And
of
this
it
must
bee
concluded
,
as
of
the
Electorall
Dignity
;
for
those
territories
,
and
dominions
were
already
delivered
up
to
the
Duke
of
Bavaria
,
in
part
of
payment
of
the
expences
,
which
that
Duke
had
beene
at
,
in
the
Emperours
behalfe
,
for
the
recovery
of
Bohemia
.
And
now
things
being
in
this
state
,
and
His
Imperiall
Majesty
,
having
thus
sincerely
,
and
plainely
,
disclosed
his
minde
;
it
is
very
requisite
that
the
Anbassadour
also
should
now
declare
what
the
King
againe
will
doe
,
for
the
behoofe
and
benefit
of
his
Imperiall
Majesty
,
in
respect
of
his
Imperiall
grace
,
and
good
affection
,
and
what
manner
of
league
,
he
intendeth
to
make
with
him
.
To
this
the
Ammbassadour
answered
in
few
words
:
That
hee
returned
thankes
to
Caesar
,
that
Hee
would
so
clearely
explaine
His
meaning
;
for
now
it
was
sufficiently
apparent
,
what
the
King
(
who
did
little
expect
this
answere
)
might
,
and
ought
to
hope
for
in
this
whole
negotiation
;
but
yet
,
hee
should
have
returned
him
more
thankes
,
if
this
answere
had
come
sooner
,
and
presently
upon
his
arrivall
at
the
Imperiall
Court
,
or
rather
,
before
hee
had
come
out
of
England
,
for
then
peradventure
,
there
might
have
beene
a
sparing
of
time
,
and
charge
,
and
there
should
have
beene
no
need
of
so
full
a
Comission
,
and
solemne
Legation
.
That
now
his
mouth
was
stopped
,
that
hee
might
neither
goe
further
,
nor
make
any
larger
declaration
,
that
now
there
was
nothing
remaining
for
him
to
doe
,
but
to
certifie
his
King
of
all
the
proceedings
,
which
hee
would
doe
faithfully
,
and
without
affection
;
Caesar
having
liberty
to
doe
the
same
by
his
owne
servants
,
if
perhaps
,
hee
did
suspect
that
hee
would
adde
to
the
truth
,
or
diminish
from
it
,
by
his
relation
.
Two
daies
after
,
hee
spake
with
Caesar
himselfe
,
repeating
the
message
delivered
unto
him
by
his
Agents
,
and
his
owne
answer
,
and
that
according
to
his
duty
,
hee
would
enforme
the
King
of
all
passages
,
by
a
speedy
Post
.
His
letters
he
dispatcheth
to
the
King
in
England
,
feigning
in
the
meane
season
that
he
would
not
stay
to
expect
the
returne
of
the
Messenger
:
thinking
,
that
the
preparation
for
his
departure
would
move
and
incline
the
Caesareans
(
who
perhaps
were
unwilling
that
hee
should
depart
the
businesse
undone
,
and
the
foile
of
the
treaty
broken
off
)
to
moderation
and
more
reasonable
termes
:
But
all
was
in
vaine
,
time
slipt
away
,
and
the
Post
in
the
meane
while
returned
,
bringing
letters
from
the
King
to
the
Ambassadour
,
by
which
he
was
commanded
,
that
seeing
there
was
no
hope
of
obtaining
the
restitution
of
the
Electorall
Palatinate
upon
indifferent
tearmes
;
to
returne
home
,
and
leave
Iohn
Taylor
in
the
Caesarean
Court.
When
the
Imperialists
saw
the
Ambassadour
ready
to
depart
,
they
used
all
meanes
of
industry
and
art
,
to
detaine
him
longer
.
And
to
this
end
the
King
of
Hungary
,
the
sonne
of
Caesar
,
who
was
newly
come
to
the
Dyet
,
stayed
the
Embassadours
purpose
of
departing
,
by
giving
speciall
hope
,
that
he
would
procure
,
that
the
treatise
of
restitution
,
should
be
brought
to
an
happy
issue
,
and
the
Ambassadour
should
have
no
cause
of
complaint
or
repentance
,
if
he
attended
upon
it
a
while
longer
.
The
Ambassadour
therefore
thought
it
a
point
of
discretion
,
to
deferre
his
departure
for
some
daies
;
as
well
,
that
hee
might
try
whether
Caesar
would
deliver
any
tearmes
more
indifferent
and
moderate
;
as
also
,
that
hee
might
not
bee
justly
charged
,
that
hee
was
too
hasty
,
and
refused
to
heare
those
things
which
to
bee
openly
propounded
would
be
offered
:
But
when
the
time
was
still
delayed
,
the
matter
being
transmitted
to
the
advise
of
the
Electours
,
whose
opinions
(
as
it
was
given
out
)
must
first
bee
knowne
,
the
Ambassadour
having
twice
or
thrice
called
upon
them
for
their
resolutions
,
and
seeing
himselfe
to
attend
in
vaine
,
went
to
the
Electours
,
the
King
and
Caesar
,
and
bad
them
farewell
,
the
6th
of
the
ides
of
November
.
At
his
departure
,
a
new
promise
and
hope
was
given
him
,
that
before
his
going
out
of
Germany
,
letters
should
be
transmitted
to
him
,
containing
such
an
answere
,
as
should
come
neerer
to
his
demands
.
At
Noreimberg
indeed
hee
received
some
letters
,
and
amongst
them
,
one
to
the
Queene
Elizabeth
;
but
upon
the
superscription
,
there
was
purposely
omitted
the
title
of
Electresse
,
and
Princesse
Palatine
,
under
a
false
pretext
,
that
this
title
is
not
to
be
given
Her
by
reason
of
the
offence
of
Her
proscribed
husband
.
The
Ambassadour
therefore
with
indignation
,
and
words
of
anger
,
sent
backe
those
letters
thither
from
whence
they
came
.
And
surely
,
it
is
a
matter
of
cruelty
and
injustice
unheard
of
,
never
knowne
amongst
Barbarians
,
never
practised
in
those
bloody
proscriptions
of
Sylla
and
Marius
,
nor
under
the
Triumvirat
,
that
an
innocent
woman
,
for
the
crime
of
her
husband
,
(
how
haynous
and
apparent
soever
)
should
be
deprived
of
the
priviledges
,
goods
dignities
,
and
titles
,
which
she
had
,
and
enjoyed
before
the
offence
done
;
according
to
the
dayly
practice
(
so
it
is
presumed
)
of
the
Caesareans
,
against
the
Queene
of
Bohemia
,
whose
dowry
is
not
onely
taken
from
her
,
by
force
and
injury
,
but
they
attempt
also
to
deprive
Her
of
her
name
,
title
,
and
dignity
,
which
She
had
by
marriage
;
when
neverthelesse
on
the
contrary
part
,
it
is
alleaged
,
that
her
husband
was
never
convicted
of
the
crime
laid
to
His
charge
:
and
yet
,
unheard
by
Caesar
,
(
in
his
owne
cause
)
undefended
,
not
called
,
Hee
is
unlawfully
,
unjustly
,
and
for
no
cause
,
but
hatred
,
and
desire
of
revenge
,
proscribed
.
But
to
the
purpose
.
For
a
long
time
,
there
was
no
newes
of
the
answere
promised
to
the
English
Ambassadour
.
At
last
a
paper
drawne
up
the
14th
of
the
calends
of
February
,
(
a
declaration
or
notification
,
ye
may
call
it
either
)
was
sent
over
into
England
;
to
this
effect
.
That
his
Imperiall
Maiesty
,
as
soone
as
Hee
knew
the
chiefest
difficulty
which
hindered
this
negotiation
,
from
the
desired
effect
of
their
more
neere
alliance
,
and
confederation
,
depended
on
this
,
that
the
most
Illustrious
King
desired
some
more
ample
satisfaction
,
concerning
his
Nephew
in
point
of
the
Electorall
dignity
,
had
not
intermitted
,
with
much
care
to
seeke
,
and
finde
out
all
those
meanes
,
which
were
requisite
for
the
passing
of
that
difficulty
,
by
conferring
of
that
businesse
both
with
the
Illustrious
Electoral
Colledge
,
and
with
them
,
who
were
more
particularly
intressed
therein
,
and
without
whose
consent
(
His
affaires
being
as
they
are
)
it
stood
not
with
the
integrity
of
His
Imperiall
Maiesty
,
to
conclude
.
When
therefore
,
some
meanes
were
discovered
,
which
gave
some
hope
that
the
foresaid
difficulty
concerning
the
Electorall
dignity
(
though
the
Line
of
William
sometime
Duke
of
Bavaria
was
still
remaining
)
might
be
over
passed
,
and
some
more
ample
satisfaction
given
to
the
most
Illustrious
King
of
Great
Brittaine
,
his
Romane
royall
Majesty
would
omit
no
time
to
signifie
so
much
to
Iohn
Taylor
,
Agent
in
that
negotiation
,
for
the
King
of
Great
Brittaine
,
and
lest
there
to
that
purpose
,
who
should
acquaint
his
King
therewit●
as
soone
as
might
be
,
and
〈◊〉
knew
how
to
provide
,
that
a
sufficient
Commission
,
to
retreate
,
and
conclude
this
businesse
of
restitution
,
and
confederation
,
might
be
transmitted
to
him
with
all
speed
,
or
given
to
some
other
,
who
should
bee
sent
over
for
that
dispatch
.
And
this
is
a
briefe
and
compendiary
Relation
of
those
things
which
have
beene
done
,
spoken
,
and
written
on
both
sides
in
this
solemne
Ambassie
.
But
now
for
the
easier
understanding
of
the
consequents
,
it
is
first
to
be
observed
;
That
the
English
Ambassadour
,
in
the
beginning
of
his
Legation
,
in
the
first
proposition
,
and
againe
in
another
declaration
to
the
Emperour
,
made
an
exception
against
that
Decree
of
Caesar
(
as
they
call
it
)
of
the
24.
day
of
February
,
both
by
rejecting
it
,
as
a
nullity
,
and
frivolous
;
as
also
by
shewing
that
the
Conditions
therein
prescribed
,
were
,
far
beneath
〈◊〉
hope
and
expectation
,
which
the
most
Illustr●●us
King
of
England
conceived
,
of
the
intire
restitution
of
the
Palatinate
;
that
is
,
as
well
of
the
Territories
,
as
the
Electorall
Office
;
and
therefore
might
give
just
cause
of
doubt
,
and
diffidence
of
successe
in
the
businesse
,
and
of
superseding
his
endeavour
by
dispatch
of
his
Legation
,
unlesse
that
otherwise
(
and
that
by
Taylor
himselfe
,
to
whom
that
decree
was
delivered
)
a
more
ample
,
better
seasoned
,
and
firmer
hope
and
caution
were
given
in
the
name
of
his
Imperiall
Majesty
,
of
a
firme
and
full
satisfaction
and
gratification
,
concerning
the
restitution
of
the
Palatinate
.
And
surely
it
is
not
to
be
questioned
,
that
the
most
wise
and
mighty
King
,
would
ever
have
sent
His
Ambassadour
,
for
such
jeiune
and
frothy
Conditions
;
so
full
of
dishonour
and
prejudice
,
as
were
contained
in
that
writing
;
for
unlesse
He
had
a
better
and
more
certaine
foundation
of
His
hope
,
and
beene
induced
by
other
arguments
and
perswasions
,
he
would
have
spared
His
expence
in
so
honourable
a
Legation
.
Besides
;
it
is
to
be
considered
,
that
the
Emperour
in
his
first
answere
which
he
gave
the
Ambassadour
at
Lintz
,
the
30.
day
of
Iune
did
silently
acknowledge
;
that
,
that
hope
proceeded
from
himselfe
;
because
,
that
then
he
neither
contradicted
it
,
nor
excepted
against
it
;
and
further
,
by
his
silence
allowed
that
exception
which
the
Ambassadour
,
the
18
of
Iune
,
had
propounded
against
the
said
Decree
of
the
24.
of
February
,
and
acknowledged
it
to
be
grounded
upon
trueth
and
reason
.
But
afterward
,
when
he
so
confidently
contradicted
it
,
adding
withall
that
He
wondred
upon
what
ground
the
Ambassadour
supposed
,
that
he
administred
hope
either
of
more
ample
grace
or
fuller
restitution
,
than
what
was
contained
in
the
often
remembred
Decree
;
It
was
a
signe
that
hee
resolved
not
to
vary
from
his
first
determination
,
whatsoever
any
others
might
say
,
or
beleeve
to
the
contrary
.
And
now
it
is
worthy
your
labour
to
consider
,
and
enquire
what
,
and
of
what
quality
,
those
offers
made
by
Caesar
were
,
which
are
so
often
repeated
,
and
are
commanded
to
be
esteemed
at
so
high
a
rate
,
and
to
be
reputed
,
for
a
singular
kindnesse
,
and
then
under
what
conditions
,
they
were
to
bee
exhibited
,
and
of
what
qualitie
those
things
are
,
which
are
againe
required
to
bee
performed
,
by
the
King
,
and
Charles
Lodowicke
the
Electour
,
in
acknowledgement
of
so
great
a
favour
.
First
,
the
Emperour
offers
to
absolve
Charles
Lodowicke
from
the
Imperiall
outlawrie
,
which
is
derived
upon
him
for
his
Fathers
offence
,
to
that
end
and
purpose
,
that
he
may
be
received
to
the
state
and
degree
of
a
Prince
of
the
sacred
Romane
Empire
:
A
goodly
favour
(
questionlesse
)
for
him
,
who
is
a
Prince
borne
,
and
by
the
law
of
the
Empire
,
his
owne
priviledge
and
right
of
Primogeniture
,
an
Electour
;
that
not
by
his
fathers
favor
,
and
the
way
of
inheritance
,
but
provision
of
the
Law
,
and
Covenant
of
the
first
Atchievour
,
and
by
the
priviledge
of
his
family
doth
succeed
into
the
Electorate
:
If
hee
accept
this
offer
of
Caesars
,
in
that
sense
it
is
profered
,
hee
is
forced
to
acknowledge
,
and
confesse
first
;
that
the
over
hastened
〈…〉
Ban
against
his
father
,
was
lawfull
and
just
,
and
promulgated
according
to
Law
.
Secondly
,
that
the
same
proscription
standeth
also
in
force
against
him
,
no
otherwise
than
if
hee
himselfe
had
beene
proclaimed
a
proscribed
person
,
and
had
neede
of
pardon
.
Either
of
which
he
could
not
doe
,
but
with
prejudice
to
his
most
manifest
right
,
and
by
branding
both
his
blessed
father
,
himselfe
,
and
his
,
with
a
note
of
ignominy
:
Nor
could
he
do
it
with
a
good
conscience
,
or
without
the
crime
of
greatest
ingratitude
;
both
because
,
he
should
wound
the
honour
and
estimation
of
his
father
,
whilest
by
his
silence
hee
should
in
a
manner
acknowledge
and
confesse
him
to
have
been
a
rebell
,
enemy
,
and
traytour
to
his
Imperiall
Majestie
,
and
therefore
lawfully
proscribed
;
as
also
because
he
is
perswaded
in
his
conscience
,
that
his
father
is
wronged
and
the
Ban
denounced
against
him
,
is
unlawfull
and
of
no
validitie
;
and
if
it
had
been
decreed
,
and
pronounced
legally
,
yet
it
cannot
reach
his
owne
person
,
as
being
innocent
,
and
was
borne
long
before
the
proscription
published
,
having
attained
to
a
right
that
was
acquired
and
not
succeeding
his
father
as
the
last
possessor
,
but
the
first
purchaser
,
by
the
feudall
and
fundamentall
law
.
For
a
proscription
,
as
,
Andraeas
Gailius
(
a
great
Civilian
,
and
laterall
Iudge
of
the
Imperiall
Chamber
,
Counsellour
unto
two
Emperours
,
and
sometimes
advocate
for
the
Duke
of
Bavaria
saith
,
&
proveth
,
Lib.
2.
de
pace
publica
.
obser.
15.
num.
19.
is
personall
,
and
dies
with
the
person
.
and
obser
.
ultima
.
n.
32.
the
Ban
(
saith
hee
)
expires
with
the
death
of
the
outlawed
,
per
L.
the
crime
,
or
punishment
of
the
father
can
lay
no
blemish
upon
the
sonne
.
26.
&
ibi
.
Nor
can
he
bee
made
successor
of
another
mans
offence
.
D.
de
poenis
,
&
per
L.
defuncto
.
D.
de
publicis
judiciis
.
&
per
L.
1.
&
final
.
C.
si
reus
vel
accusatus
morinus
fuerit
adde
L.
publica
.
3.
D.
de
publicis
judiciis
,
&
allegat
.
infr
.
Secondly
,
he
should
be
compelled
to
confesse
and
acknowledge
,
that
hee
is
no
Prince
of
the
Empire
,
because
he
hath
need
to
bee
admitted
into
that
order
.
But
they
who
doe
not
esteeme
him
for
a
Prince
of
Germany
,
that
is
,
of
the
Empire
,
must
needs
praesuppose
him
,
either
to
have
beene
a
bastard
,
or
sprung
of
some
obscure
Race
,
and
that
his
Parents
were
not
Princes
,
unlesse
,
they
would
call
him
a
Prince
of
England
,
or
Spaine
,
or
France
,
or
some
other
Empire
:
but
this
is
falfe
(
unlesse
that
he
may
bee
deservedly
stiled
a
Prince
of
England
as
being
a
Prince
of
that
royall
blood
)
as
the
other
is
diabolicall
.
The
rights
of
blood
(
inquit
lex
)
cannot
be
taken
away
by
any
Civill
Law
,
by
which
the
Outlawrie
is
brought
in
,
L.
jura
.
8.
D.
de
regul
.
juris
.
L.
jus
agnation
.
34.
D.
depactis
.
The
sonne
of
the
proscribed
Prince
of
Anhalt
,
though
taken
prisoner
in
the
battell
of
Prague
,
never
needed
to
be
restored
againe
to
the
dignity
of
Princes
;
but
ever
,
even
in
his
captivity
because
himselfe
was
not
proscribed
nor
could
the
Ban
of
his
Father
,
by
any
law
,
bee
of
force
against
him
,
he
was
alwaies
accounted
,
and
called
a
Prince
,
even
by
Caesar
,
and
the
Imperialists
though
,
his
Father
was
not
yet
discharged
of
his
proscription
;
So
also
,
the
sonnes
of
Iohn
Fredrick
,
Elector
of
Saxony
,
were
accounted
amongst
the
Princes
,
and
acknowledged
for
Dukes
of
Saxony
,
and
so
stiled
,
though
their
father
,
was
then
proscribed
,
and
in
captivity
.
And
now
,
who
can
deny
that
the
children
of
King
Fredericke
,
the
Counts
Palatine
,
that
is
,
Princes
of
the
Empire
,
should
be
acknowledged
,
for
personages
of
that
dignitie
?
The
Emperour
himselfe
calles
them
by
no
other
name
,
nor
otherwise
can
he
call
them
.
But
it
is
sufficiently
knowne
,
what
it
is
to
be
a
Count
Palatine
in
the
Empire
,
and
sprung
from
the
Electorall
house
of
the
Palatine
.
This
name
and
title
belongs
to
no
other
man
,
nor
is
given
to
any
,
but
him
onely
that
is
a
Prince
:
To
be
stiled
the
Count
Palatine
,
and
reckoned
amongst
the
Counts
Palatine
,
is
all
one
as
to
be
a
Prince
of
the
Empire
,
in
such
a
ranke
,
and
degree
as
by
the
order
of
the
Empire
is
granted
,
to
the
Counts
Palatine
,
which
are
the
first
and
chiefe
amongst
other
Princes
.
The
title
of
Count
Palatine
is
of
a
higher
esteeme
in
the
Empire
than
that
of
Duke
and
Prince
.
And
therefore
in
the
marshaling
of
their
titles
and
dignities
,
the
Princes
Palatine
preferre
the
name
of
Count
Palatine
before
the
title
of
a
Duke
.
Are
not
the
Children
of
King
Fredericke
,
sonnes
to
the
Neece
of
the
King
of
Denmarke
,
by
his
Sister
?
Are
they
not
Princes
of
the
royall
blood
of
England
?
If
they
had
nothing
else
to
show
,
but
this
prerogative
of
birth
,
and
the
splendour
of
their
fathers
linage
should
adde
no
honour
to
them
,
who
could
deny
that
they
were
Princes
?
who
durst
presume
to
dispute
and
take
away
this
privilege
from
them
,
derived
unto
them
from
their
mother
,
their
Grand-mother
,
and
their
Great
Grand-mother
,
all
,
both
Queenes
themselves
,
and
Kings
daughters
,
for
any
sentence
against
their
father
?
And
therefore
,
by
what
law
,
or
ground
is
it
ordered
that
Charles
Lodowicke
,
the
Electour
,
borne
Count
Palatine
,
and
that
,
litle
lesse
than
three
yeeres
before
his
father
was
proscribed
,
should
need
to
bee
restored
into
the
number
and
degree
of
the
Princes
of
the
Empire
?
It
is
great
cruelty
,
to
compell
the
sonne
by
his
owne
confession
,
and
acknowledgement
,
to
iudge
and
declare
his
owne
father
,
whom
in
his
soule
and
conscience
he
doth
conclude
guiltlesse
,
for
a
Rebell
,
Enemy
,
and
Traytor
to
Caesar
:
but
,
more
cruelty
if
he
be
constrained
,
and
enforced
,
to
confesse
himselfe
an
offender
,
who
is
no
way
conscious
,
of
any
offence
,
nor
by
reason
of
his
infancy
,
could
doe
any
,
and
so
deprive
himselfe
of
his
priviledges
,
dignity
,
and
prerogative
of
his
parentage
.
But
it
being
granted
(
which
can
never
be
proved
)
that
the
father
was
a
most
hainous
offendor
,
and
had
committed
rebellion
,
and
treason
,
in
the
highest
degree
,
and
was
therefore
justly
condemned
to
banishment
,
and
deprived
of
all
rights
and
priviledges
,
yet
this
sentence
ought
to
be
no
plea
in
barre
,
against
his
children
,
conceived
and
borne
before
sentence
of
their
fathers
proscription
,
especially
,
in
those
things
,
which
concerne
that
dignity
,
which
was
borne
with
them
,
their
privilege
of
nobilitie
,
and
such
things
as
descend
not
from
the
person
of
the
father
,
but
are
due
unto
them
by
right
of
blood
,
the
right
of
their
family
,
by
the
covenant
,
and
transmission
of
their
fore-fathers
,
and
by
the
disposition
of
the
Law
;
as
are
the
Electorate
,
and
the
Principalitie
of
the
Empire
,
that
is
,
the
royall
,
antient
Fees
,
which
come
not
by
name
of
inheritance
,
nor
by
succession
of
the
father
,
but
by
right
of
the
first
and
Simultaneous
investiture
,
and
the
grant
of
the
first
acquirer
.
c.
1.
§
.
postea
vero
,
&
gloss
.
in
.
d
c.
§
.
cum
vero
.
Conradus
in
verbo
.
frater
.
lib.
1.
de
fend
.
tit
.
1.
De
his
qui
feudum
dare
possunt
.
Baldus
ad
Rubric
.
de
succession
.
feudi
ad
§
.
Hoc
quoque
n.
4.
The
sonne
,
saith
he
,
comes
not
in
as
a
common
heire
;
but
by
right
of
blood
which
is
unchangeable
.
&
in
c.
1.
§
finali
.
Evae
fuit
prima
causa
benefic
.
amittendi
.
By
birth-right
(
saith
he
)
forme
of
investiture
being
set
down
by
the
Lord
,
from
the
tenor
wherof
there
must
be
no
variation
)
the
son
succeedeth
in
the
fee
.
Iulius
Clarus
prime
Chancellour
to
the
King
of
Spaine
,
&
regent
in
the
province
of
Millain
lib.
4.
sentent
.
feudum
.
q.
66.
proveth
that
the
crime
of
the
Father
doth
not
exclude
the
son
from
the
antient
fee
,
&
lib
5.
sent.
§
laesae
Maiestatis
.
n.
10.
that
the
punishment
of
the
Father
for
high
treason
is
of
no
force
,
against
the
children
,
which
are
borne
,
and
conceived
before
their
fathers
trespasse
;
upon
which
Baiardus
noteth
,
that
the
Fathers
punishment
is
praejudiciall
to
the
children
only
in
those
things
,
which
descend
to
them
from
the
person
of
their
father
,
not
in
other
things
,
as
namely
those
fees
,
to
which
they
succeed
by
covenant
and
provisoes
.
Adde
hereunto
Boerius
who
decision
.
part
.
1.
q.
10.
n.
6
affirmeth
that
the
sonnes
for
the
Fathers
offence
cannot
be
deprived
of
the
estate
setled
upon
them
before
the
offence
done
,
that
the
sentence
hath
no
force
against
them
,
which
are
borne
before
,
but
onely
after
the
offence
committed
.
Cynus
in
d.
l.
Quisquis
.
Alciate
who
Consil
.
467.
n.
by
the
common
received
opinion
denyeth
that
the
sentence
concerneth
those
children
,
who
are
lawfully
conceived
,
and
borne
,
before
the
trespasse
done
,
Adde
also
Couarruvias
,
Grammaticus
,
Gailius
,
Mynsingerus
,
Baldus
,
Bartolus
,
Isernias
,
Alvareta
.
Bartholm
Camerarius
,
Rolandinus
de
valle
cons
.
74
lib.
3.
and
infinite
others
of
the
same
opinion
But
these
insuing
lawes
are
most
remarkeable
.
l.
3.
D.
de
interdictis
,
relegatis
&
deportatis
.
Those
estates
which
descend
not
from
the
father
,
but
are
given
by
the
Linage
,
the
State
,
and
the
nature
of
the
things
themselves
,
remaine
undestayned
to
the
children
,
though
the
father
bee
banished
or
proscribed
.
l.
2.
c.
de
libertis
,
&
eorum
filiis
,
it
is
said
expressely
,
that
the
faults
of
the
parents
cannot
impeach
those
children
,
which
are
knowne
to
bee
borne
,
whilst
their
parents
were
at
libertie
.
l.
Emancipatum
a
patre
7.
§
.
l.
&
2.
§
.
D.
de
senat
.
ibi
.
If
any
one
be
conceived
,
before
his
father
(
for
a
crime
)
be
put
out
of
the
Senate
,
though
he
be
not
borne
,
till
the
father
have
lost
his
dignity
,
(
which
is
more
)
he
shall
be
esteemed
as
the
Sonne
of
a
Senatour
;
for
the
time
of
conception
is
to
bee
respected
,
&
§.
2.
in
d.
l.
it
is
said
,
that
the
dignity
of
the
Grandfather
,
doth
more
availe
,
than
the
fall
of
the
Father
can
hinder
the
sonne
;
and
l.
filium
familias
.
9.
D.
eodem
.
An
acquired
dignity
,
cannot
be
taken
from
children
,
for
the
fathers
fault
,
though
he
be
thrust
out
of
the
senate
l.
qui
ad
tempus
.
2.
§
.
3.
&
4.
de
decurionibus
&
filiis
eorum
,
where
it
is
said
,
that
though
the
father
,
after
the
conception
of
the
sonne
,
doe
lose
his
dignity
,
the
sonne
shall
not
lose
his
.
Also
.
§
.
4.
That
he
who
shall
be
borne
after
his
fathers
banishment
,
and
proscription
,
if
he
was
conceived
before
it
,
shall
bee
reputed
the
sonne
of
a
Senator
.
Feudall
goods
,
saith
Andraeas
Gailius
l.
2.
de
pace
public
.
observ.
25.
n.
33.
(
the
proscribed
person
being
dead
,
)
ought
to
be
restored
,
to
his
sonnes
,
and
other
kinsmen
;
because
the
offence
of
a
father
and
a
kinsman
,
cannot
praejudice
the
sonnes
and
kinsmen
,
in
the
ancient
fee
,
which
is
by
covenant
,
and
providence
and
n.
34.
the
proscribed
party
being
dead
,
the
ancient
fee
,
and
belonging
to
the
family
,
returneth
to
the
heires
of
his
blood
,
for
whom
by
the
covenant
,
and
promise
of
the
first
archievour
,
that
liberty
was
obtained
;
and
against
whom
the
offence
of
a
father
,
or
a
kinsman
,
can
bee
no
impediment
.
But
of
these
things
we
have
discoursed
fully
,
at
large
,
and
purposely
,
in
our
booke
Devindicius
causae
Palatinae
,
whether
wee
referre
the
reader
;
in
the
meane
time
it
is
to
be
detested
,
that
every
common
person
promiscuously
,
though
of
the
lowest
ranke
,
doth
enjoy
the
benefit
,
and
may
bee
secured
by
these
lawes
;
yet
the
children
of
Princes
shall
be
denyed
this
ordinary
justice
,
and
become
of
a
more
unhappy
condition
than
others
in
that
respect
.
But
to
the
matter
.
Secondly
,
Caesar
offers
to
restore
the
Count
Palatine
,
into
part
of
his
ancient
dominions
,
not
to
be
despised
.
Now
it
is
to
be
considered
,
that
this
part
is
not
named
,
nor
expressed
,
nor
intimated
,
of
what
quality
,
and
quantity
it
shall
bee
.
It
onely
depends
upon
the
interpretation
,
and
judgement
of
the
Imperalists
,
whether
,
it
bee
such
as
may
not
be
esteemed
to
be
despised
.
If
they
account
of
it
,
according
to
the
estimation
of
the
condition
,
in
which
they
place
the
Electour
,
they
will
esteeme
a
small
portion
to
be
a
great
one
.
But
that
peradventure
,
will
bee
so
small
,
and
contemptible
,
that
it
will
bee
ignominious
,
and
bring
great
prejudice
upon
the
King
and
the
Electour
,
to
accept
it
.
Indeed
,
by
the
last
declaration
,
which
was
exhibited
to
the
Ambassadour
,
it
appeareth
,
and
is
to
be
plainely
seene
,
that
both
the
Electorall
dignity
,
and
office
,
the
chiefest
,
and
greatest
thing
appertaining
to
this
restitution
;
and
also
the
upper
Palatinate
,
a
portion
,
equall
to
that
which
is
left
to
be
restored
in
the
lower
Palatinate
,
is
devided
,
and
separated
from
restitution
,
for
,
there
it
is
said
,
that
neither
of
these
must
bee
mentioned
,
or
hoped
for
,
as
long
as
any
of
the
Bavarian
Line
is
surviving
.
Onely
,
of
that
part
,
which
the
Bavarian
,
and
Spaniard
hold
,
on
the
Lower
Palatinate
,
by
way
of
gage
or
pledge
;
some
hope
is
given
,
that
it
may
bee
restored
under
certaine
conditions
,
when
those
Bankers
are
paied
.
But
this
part
,
(
if
you
take
from
thence
the
Signiories
belonging
to
Lodowicke
Phillip
Duke
of
Symmeren
,
the
Electours
fathers
brother
,
and
the
goods
assigned
to
the
Electresse
Lodovica
Countesse
Palatine
his
Grandmother
,
and
the
Queene
Elizabeth
widowes
,
for
their
dowries
it
would
be
very
small
,
and
of
little
estimation
.
But
if
you
also
divide
from
thence
the
fields
,
grounds
,
Cities
,
and
townes
given
,
granted
,
and
delivered
to
Leopald
of
Austria
,
the
Bishop
of
Ments
,
Wormbes
&
Spiers
,
the
Master
of
the
Knights
of
the
Teutonicke
order
,
the
Landgrave
of
Darmstar
,
&
others
,
it
would
be
far
lesse
:
for
of
these
,
there
is
no
mention
made
by
Caesar
,
and
therfore
it
can
not
be
presumed
,
that
these
shall
be
computed
,
in
the
restitution
of
that
no
despicable
portion
.
And
now
it
is
also
to
be
observed
,
that
it
is
not
to
be
added
and
expressed
,
when
,
&
under
what
conditions
,
that
epitomized
portion
ought
to
be
delivered
.
This
ought
first
to
have
beene
agreed
upon
;
for
it
might
easily
come
to
passe
,
that
such
intollerable
,
unjust
,
and
unlawfull
conditions
might
be
prescribed
him
as
the
Electour
with
his
honour
,
and
conscience
,
could
not
condescend
unto
,
which
might
as
well
impeach
the
receaved
religion
,
the
Church
discipline
,
and
state
,
as
the
forme
of
administring
,
and
governing
the
Common-wealth
,
and
restraine
them
,
to
new
and
stricter
lawes
.
Questionlesse
the
Spaniards
,
and
Bavarian
will
never
deliver
up
,
what
they
hold
by
strength
in
the
Palatinate
,
unlesse
they
first
receive
in
hand
those
emoluments
,
and
profits
,
which
they
pretend
,
and
require
for
their
rompensation
,
and
satisfaction
;
the
rates
whereof
,
they
well
know
how
to
inhaunce
,
at
their
pleasure
.
The
Spaniards
indeed
,
as
formerly
they
have
pretended
,
desire
a
promise
,
and
performance
of
a
league
,
and
helpe
from
the
English
against
the
Dutch
,
and
French
,
and
the
protection
,
and
convoy
of
their
owne
navie
,
threatning
withall
,
that
they
will
not
,
otherwise
,
restore
their
part
in
the
Palatinate
,
but
upon
these
,
and
the
like
conditions
.
The
Bavarian
,
who
(
as
Demosthenes
speakes
of
one
)
regards
nothing
else
,
but
how
hee
may
still
get
more
,
will
crave
a
summe
of
money
,
and
that
no
small
one
.
Therefore
this
part
,
whatsoever
it
is
,
will
cost
deare
,
and
a
price
not
to
be
spoken
of
,
and
yet
if
the
present
desolation
and
vastation
of
the
fields
in
the
Palatinate
,
the
depopulation
of
the
Countrey
,
the
ruine
of
their
Villages
and
Townes
,
and
the
dwelling
houses
burned
to
ashes
be
considered
;
it
may
bee
accounted
of
no
value
,
or
estimation
.
It
is
further
also
to
bee
considered
,
that
the
Prince
Electour
,
without
prejudice
of
his
right
,
and
the
violation
of
the
fundamentall
law
,
cannot
consent
to
any
partition
,
or
acceptation
of
some
one
part
:
because
in
the
Golden
Bull
,
by
a
speciall
decree
,
in
divers
places
,
and
in
emphaticall
words
often
repeateds
all
division
,
distraction
and
dismembring
is
forbidden
:
and
it
is
also
confirmed
by
a
royall
decree
,
that
the
Electorall
dignity
,
shall
bee
so
conjoyned
,
and
connexed
to
the
Territory
of
the
Palatinate
,
that
the
one
by
no
meanes
may
bee
ever
severed
from
the
other
.
If
therfore
now
he
should
accept
of
any
part
,
by
way
of
partition
,
and
division
,
he
must
consent
and
also
acknowledge
,
that
the
Electorall
dignity
,
may
by
some
meanes
,
be
separated
either
from
the
whole
,
or
part
of
the
Palatinate
,
which
yet
hee
cannot
doe
,
without
prejudice
of
his
title
,
and
entire
restitution
,
unlesse
perhaps
,
some
integrall
part
;
that
is
,
the
whole
lower
Palatinate
,
to
which
the
dignity
is
annexed
,
should
bee
restored
;
nor
that
neither
,
but
with
this
condition
,
that
his
title
and
hope
of
obtaining
the
rest
,
may
still
abide
intire
and
uncontroverted
.
For
,
then
the
partition
and
division
cannot
be
said
to
continue
perpetuall
,
but
rather
a
suspension
of
the
intire
restitution
and
Confederation
.
But
,
the
meaning
and
scope
of
the
Emperor
and
Bavarian
,
and
their
Subjects
,
is
far
from
such
a
moderation
and
advice
,
as
is
most
apparent
;
not
only
by
the
last
answere
,
but
by
other
declarations
and
often
experience
.
Thirdly
,
the
Emperour
offers
,
That
he
,
according
as
it
shall
be
agreed
,
will
invest
him
.
But
,
now
it
is
to
be
understood
,
that
this
investiture
is
restrained
,
only
to
that
part
which
is
promised
to
be
restored
,
as
Radoldus
the
Internuncio
for
the
Emperour
into
England
,
hath
plainely
declared
;
but
not
to
be
extended
to
the
whole
Palatinate
,
and
the
Office
of
Arch-Sewer
thereunto
annexed
.
But
the
Prince
Electour
,
cannot
without
his
great
prejudice
,
accept
of
such
an
Investiture
,
as
is
limited
and
restrained
to
one
part
,
because
by
that
act
he
should
be
excluded
and
passed
over
in
the
generall
,
principall
,
and
simultaneous
investiture
,
which
of
right
belongs
to
all
the
males
of
that
Stocke
:
in
respect
of
the
whole
Palatinate
,
the
coherent
Dignity
,
and
the
dependances
c.
nonne
praesumt
.
Hee
,
that
is
not
comprehended
expresly
in
this
common
Investiture
,
can
pretend
no
Title
of
Succession
and
obtaining
the
Palatinate
and
Electorall
Office
.
There
is
none
of
the
Counts
Palatine
,
but
may
ground
his
Title
,
and
hope
for
succession
in
the
Palatinate
,
and
the
Electorall
Dignity
,
upon
this
Investiture
.
For
this
Investiture
doth
give
a
title
,
cause
,
action
,
hope
,
and
pretence
of
succeeding
in
the
Fees
.
c.
1.
Quibus
modis
feud
.
const.
poss
.
c.
1.
in
princ
.
de
success
.
fratrum
.
c.
1.
in
fine
de
f●udo
cognat
.
c.
Si
facta
.
Si
de
feud
.
defuncti
controv
.
sit
inter
D.
&
agnatos
Vasalli
.
An
Investiture
is
a
kind
of
setling
in
possession
.
Mysing
.
cons.
64.
n.
10.
and
hath
the
force
of
a
Contract
,
or
rather
is
a
Contract
of
it selfe
,
Menoch
.
cons.
101.
n.
28.
Consil.
103
n.
53.
and
thereby
the
sonnes
and
kindred
have
a
firme
title
and
assurance
,
which
,
without
their
owne
act
,
cannot
afterwards
be
made
void
,
as
Wesenbecius
affirmeth
,
Cons.
41.
n.
103.
in
fine
.
Besides
it
confirmeth
the
title
in
ancient
Fees
,
though
the
incumbent
hold
it
by
an
unjust
possession
.
Vlcius
Zazius
cons.
1
l.
1.
n.
24.
Tiraquell
in
tract
.
Le
mort
saisit
le
vit.
declarat
.
7.
post
.
5.
n.
15.
&
16.
Wesenb
.
cons
,
1.
vol.
1.
n
49.
ita
citat
Nicolaus
Burgundus
in
lib.
de
Electoratu
Bavarico
.
Therefore
,
it
behoovs
the
Prince
Elector
to
deale
warily
,
and
circumspectly
in
this
businesse
,
by
endeavouring
to
obtaine
the
Investiture
;
that
is
,
the
renovation
of
the
ancient
and
common
investiture
,
used
in
the
Palatine
family
,
for
himselfe
,
as
the
head
of
the
family
,
and
his
brethren
and
kinsmen
;
no
way
permitting
that
the
Investiture
may
be
omitted
,
or
himselfe
,
or
the
rest
which
are
to
be
invested
,
be
passed
over
.
Fourthly
,
the
Emperour
offers
,
that
when
it
shall
come
to
a
Treaty
,
concerning
the
Electorall
Dignity
,
and
the
other
postulates
,
he
will
observe
such
moderation
,
that
in
those
things
which
may
bee
granted
upon
reasonable
Conditions
,
both
the
most
Illustrious
King
,
may
know
some
signes
of
the
good
affection
of
his
Imperiall
Maiesty
towards
Him
,
and
the
Count
Palatine
may
finde
the
inclination
of
his
favour
towards
him
.
But
it
is
to
bee
observed
;
That
,
this
Caesarean
supposition
,
is
already
cancelled
and
abrogated
by
his
owne
two
last
answeres
.
For
,
in
them
it
is
said
plainely
,
That
the
Emperours
disposalls
of
the
Dignities
and
dominions
of
the
Electour
Palatine
,
are
confirmed
by
the
late
Treaty
of
Prague
,
and
consequently
allowed
of
by
all
the
Princes
of
the
Empire
.
And
yet
by
those
disposals
,
which
in
the
records
of
that
Treaty
they
have
provided
alwayes
to
be
of
force
,
all
hope
of
ever
attaining
the
Electorate
and
the
annexed
Provinces
,
is
taken
away
and
cut
off
from
the
children
of
King
Frederick
:
it
being
plainely
there
expressed
;
that
by
those
disposals
,
the
Electorate
is
conferred
and
delivered
,
not
only
to
the
Duke
of
Bavaria
,
but
also
to
the
Line
of
William
,
that
is
,
to
the
race
of
is
Father
(
of
which
there
are
five
males
yet
remaining
)
for
ever
.
Which
very
thing
is
more
plainely
and
cleerely
delivered
in
the
other
last
answere
;
where
his
Imperiall
Majestie
doth
confesse
and
most
plainely
show
,
that
he
hath
granted
,
(
not
onely
to
the
Duke
of
Bavaria
,
but
also
to
the
Line
of
William
)
as
well
the
Electorall
dignitie
,
as
the
upper
Palatinate
,
by
an
hereditary
right
;
and
therefore
no
treatie
concerning
their
restitution
,
so
long
as
any
of
that
line
survived
,
might
be
admitted
.
By
this
then
it
appeares
plainely
,
that
the
hope
of
obtaining
the
Electorall
dignitie
,
and
upper
Palatinate
is
not
only
cut
off
from
●he
branches
,
but
from
the
very
stocke
?
With
what
confidence
then
,
upon
what
ground
,
by
what
pretence
,
can
the
treatie
about
the
restitution
of
the
Palatinate
be
continued
?
Indeed
it
was
afterward
signified
that
upon
advise
with
the
Electorall
Colledge
,
which
was
interessed
in
the
matter
,
some
meanes
were
discovered
by
which
hopes
were
given
,
that
though
the
Bavarian
line
of
William
was
yet
in
being
,
the
difficulty
,
concerning
the
Electorall
dignity
,
might
be
over
passed
,
and
some
more
ample
satisfaction
given
to
the
most
illustrious
King
of
great
Britaine
.
But
there
is
none
,
that
will
use
his
reason
,
but
may
observe
to
what
end
,
these
reports
were
raised
,
and
devised
.
For
they
are
grounded
upon
no
probabilitie
,
but
tend
meerely
to
ensnare
and
illaqueate
with
vaine
and
empty
speeches
the
King
of
Great
Britaine
,
and
all
those
who
are
interessed
in
the
Palatine
cause
,
that
they
might
not
proclaime
warre
,
take
hold
of
occasions
,
and
so
joyne
with
the
French
,
Swedes
,
and
other
enemies
of
the
house
of
Austria
.
Such
policies
are
ordinary
in
the
Courts
of
Caesar
,
and
the
Spaniard
;
as
may
bee
proved
by
many
examples
.
Indeed
their
Legates
have
learned
this
lesson
so
perfectly
,
that
amongst
forraigne
Nations
,
they
have
not
undeservedly
gotten
,
the
name
and
fame
of
great
politicians
.
But
(
I
pray
tell
me
)
what
meanes
can
be
found
,
that
satisfaction
may
bee
given
to
the
right
,
and
most
just
claime
of
Charles
Lodowicke
the
Electour
,
his
brethren
,
and
kinsmen
on
the
one
side
;
and
the
ambition
,
and
insatiable
desire
of
the
Bavarian
on
the
other
?
Only
one
must
be
Electour
,
and
keepe
that
dignitie
;
two
cannot
sit
in
that
seat
of
Iustice
,
nor
performe
the
office
of
one
man
,
nor
speake
with
one
tongue
,
nor
give
one
vote
.
The
seaven
Electours
,
like
seaven
pillars
,
support
the
state
of
the
Germane
Common-wealth
.
If
there
be
more
or
fewer
,
the
Symmetrie
and
bulke
of
that
building
must
needs
fall
.
The
Golden
Bull
,
which
is
the
Royall
fundamentall
law
,
and
princely
decree
,
admitteth
only
of
seaven
,
and
to
each
of
them
assignes
,
and
prescribes
his
office
,
principalitie
,
and
power
,
to
which
the
Electorate
is
annexed
:
hence
also
,
it
stiles
them
the
seaven
candle-stickes
,
the
number
of
which
can
neither
be
augmented
,
nor
diminished
,
without
dismembring
and
subverting
of
the
body
of
the
Republique
.
If
there
were
more
,
as
nine
,
or
eleaven
,
(
for
the
number
must
naturally
bee
uneven
,
lest
the
voices
being
even
,
there
might
happen
a
division
,
and
schisme
in
the
election
of
a
king
)
what
places
,
what
preferments
,
what
offices
,
beseeming
their
high
dignity
,
could
be
appointed
to
them
?
What
lands
,
and
provinces
for
the
setling
the
Electorate
,
could
be
assigned
to
them
?
So
great
is
the
authority
of
the
Golden
Bull
,
that
it
cannot
be
altered
and
violated
by
the
Emperour
,
though
with
the
consent
of
the
Electours
;
unlesse
by
overthrowing
the
lawes
,
that
is
,
by
racing
the
foundation
,
he
would
pervert
and
ruinate
the
state
and
constitution
of
the
Commonwealth
.
But
if
it
should
happen
,
that
nine
Electours
should
be
created
,
how
can
they
be
marshalled
in
their
proper
ranks
and
order
?
(
the
Palatine
surely
will
not
suffer
himselfe
to
bee
displaced
,
and
put
by
of
his
right
and
possession
,
confirmed
,
by
the
custome
of
many
ages
,
by
the
fundamentall
Laws
,
and
by
the
consent
of
so
many
Emperours
,
and
all
the
Princes
;
because
he
cannot
doe
this
,
without
impeaching
his
honour
,
and
wrong
of
his
conscience
,
nor
yet
without
reproach
and
injury
to
his
whole
family
.
For
,
so
he
should
acknowledge
,
and
by
his
giving
place
and
example
make
it
publikely
appeare
,
that
He
is
justly
deprived
of
his
ancient
and
acquired
right
,
and
prerogative
which
time
out
of
minde
did
appertaine
unto
Him
,
among
the
Electours
;
and
accept
it
as
a
great
favour
,
that
he
should
bee
admitted
as
a
new
creature
,
and
an
Electour
upon
the
instance
of
intreaty
:
when
yet
with
lesse
disparagement
and
indignity
Hee
might
better
renounce
the
whole
Electorate
,
then
consent
unto
so
dishonourable
a
change
of
precedency
and
order
,
into
the
lowest
rancke
;
which
would
bee
a
signe
of
a
foolish
and
pusillaminous
ambition
.
The
Bavarian
likewise
,
will
by
no
meanes
suffer
himselfe
to
be
removed
from
the
place
,
into
which
he
hath
ascended
,
with
so
great
,
and
fervent
desire
,
fury
,
and
violence
;
with
so
much
labour
,
and
sweat
,
with
so
much
effusion
of
blood
,
and
long
continuation
of
Armes
;
and
which
he
hath
snatched
away
by
force
,
and
conferred
upon
his
family
.
Although
a
new
Electour
ought
to
sit
in
the
lowest
place
,
and
not
to
be
esteemed
of
higher
eminency
,
then
any
other
;
and
yet
such
is
his
ambition
,
and
so
high
are
the
thoughts
of
his
aspiring
minde
,
that
he
makes
no
bones
to
contend
for
principality
,
not
onely
,
with
the
Electours
farre
more
ancient
then
himselfe
,
but
with
Caesar
himselfe
also
,
as
appeares
,
by
the
experience
of
many
former
yeeres
,
when
hee
compelled
Caesar
,
at
the
meeting
at
Ratisbone
,
to
discharge
Wallinsten
of
his
office
,
and
to
approve
all
the
other
things
,
which
he
then
demanded
.
Long
before
that
the
Bavarian
was
placed
by
Caesar
among
the
Electours
,
even
in
the
times
of
the
Emperours
Rodolph
,
and
Matthias
,
he
contended
with
the
Arch-Dukes
of
Austria
,
for
the
first
and
more
honourable
place
,
he
did
ambitiously
affect
the
title
of
soveraignty
,
as
well
as
the
Austrians
,
&
in
fine
constrained
Ferdinand
,
who
then
wanted
his
assistance
,
to
give
him
that
,
title
,
before
he
was
made
a
new
Elector
.
It
is
true
indeed
,
that
the
Dukes
of
Bavaria
possessed
of
the
estate
,
and
chiefe
of
their
family
,
made
some
scruple
,
to
give
place
to
the
Arch-Dukes
of
Austria
,
(
which
were
not
advanced
to
regall
,
and
Imperiall
dignity
)
in
the
assemblies
,
and
parliaments
of
the
Empire
,
professing
themselves
to
be
more
ancient
Dukes
,
and
that
it
was
unlawfull
,
for
the
Emperours
derived
from
the
Austrian
family
,
to
preferre
their
posteritie
before
the
Bavarian
family
,
which
long
time
had
enjoyed
the
priviledge
of
the
chiefe
seate
,
(
by
making
them
Arch-Dukes
)
because
also
,
the
Duke
of
Bavaria
(
as
the
more
worthy
held
the
prime
collaterall
place
amongst
the
secular
Princes
,
and
subscribed
to
,
and
signed
the
Decrees
and
Lawes
propounded
and
confirmed
in
the
Parliaments
by
the
Princes
;
when
the
Austrians
,
who
disdained
to
be
placed
inferiour
to
the
Bavarian
,
did
sit
collaterally
with
the
Priors
,
Prelates
and
Ecclesiasticall
persons
.
But
yet
never
any
of
the
Bavarians
did
stand
so
much
upon
it
,
and
prevaile
so
farre
in
it
,
with
such
eagernesse
,
ambition
,
and
better
successe
,
as
this
moderne
Duke
;
who
above
all
the
rest
,
endeavours
to
preserve
the
ancient
splendor
and
dignity
of
his
Family
.
But
they
say
it
is
probable
,
and
there
is
some
hope
,
that
the
Bavarians
my
be
perswaded
to
consent
to
a
covenant
of
alternation
,
on
this
wise
;
that
after
the
death
of
Maximilian
the
Bavarian
,
now
possessing
it
,
the
Electorall
Dignity
and
Office
,
may
be
performed
and
held
by
exchange
of
turnes
,
betwixt
the
first
borne
sons
and
Nephews
of
him
,
and
the
first
borne
Sons
and
Nephews
of
King
Frederick
Palatine
:
that
for
default
of
either
of
their
issue
,
the
whole
Electorate
may
be
totally
left
,
as
by
right
of
accrewment
,
to
the
longest
liver
.
But
these
are
mushrumes
and
quillits
,
without
root
or
ground
,
invented
onely
to
circumvent
and
ensnare
the
minds
of
the
credulous
.
For
the
Bavarians
now
being
powerfull
,
and
having
their
estate
setled
,
and
withall
,
of
eminent
authority
and
grace
in
the
Empire
,
are
so
farre
from
condescending
to
such
a
Covenant
,
that
they
will
not
connive
and
permit
,
that
the
controversie
of
the
Electorate
should
either
be
set
apart
,
or
left
in
suspense
.
The
right
of
either
party
being
reserved
,
or
that
it
be
referred
to
a
Treaty
or
a
competent
Iudge
,
as
they
have
openly
and
with
great
earnestnesse
published
and
declared
;
as
at
other
meetings
,
so
more
especially
in
the
Diet
at
Ratisbone
;
and
they
have
also
by
their
urgent
importunity
,
pressed
the
Emperour
so
farre
,
that
the
Palatines
of
Rolerts
Race
shall
still
remaine
excluded
from
hope
and
possession
of
the
Electorate
;
nor
shall
it
be
permitted
to
them
,
to
question
their
Title
to
it
,
so
long
as
any
of
the
Bavarian
Line
of
William
survives
,
and
is
alive
:
but
,
that
they
shall
bee
compelled
to
renounce
all
their
title
,
and
give
a
caution
,
that
they
will
move
no
more
for
that
cause
hereafter
in
the
Empire
:
which
unlesse
they
doe
,
neither
Germany
,
nor
the
Bavarians
,
can
have
any
assurance
of
peace
and
security
.
For
(
say
they
)
if
the
Palatines
have
leave
and
liberty
to
demand
their
right
,
then
,
so
soone
as
occasion
and
supply
of
meanes
shall
favour
them
(
both
which
upon
their
re-entry
and
restitution
to
their
dominions
they
will
provide
and
obtaine
)
they
will
not
bee
quiet
againe
,
till
they
have
chased
the
Bavarians
from
the
Electorate
,
as
the
sonnes
and
Grand-children
of
Rodolph
have
done
,
who
have
broken
the
transaction
,
and
covenant
for
their
alternall
function
of
the
Electorall
office
,
concluded
of
in
the
Papian
treaty
,
and
by
force
and
fraud
have
thrust
out
the
children
,
and
posterity
of
Lodowicke
the
Bavarian
Emperour
from
their
possession
.
It
is
therefore
necessary
,
that
first
,
and
before
the
Palatines
be
admitted
into
the
Empire
,
and
restored
to
their
Principalities
this
question
be
determined
,
and
transacted
absolutely
,
which
otherwise
,
would
kindle
the
fire
of
new
troubles
,
in
a
fresh
warre
,
and
by
consequent
,
the
empire
,
and
the
Common-wealth
,
should
enjoy
no
secure
,
and
firme
peace
,
but
be
disquieted
with
perpetuall
feare
.
Thus
they
conclude
,
and
(
as
they
judge
)
determine
,
what
they
had
advised
of
,
and
decreed
from
the
beginning
.
And
hence
it
came
to
passe
,
that
with
much
subtiltie
,
threats
,
and
Oratory
they
have
not
only
procured
the
perpetuall
succession
of
the
Bavarian
Line
in
the
Electorate
,
and
the
exclusion
of
the
Palatine
family
,
to
be
recorded
into
the
Instruments
of
Prague
,
amongst
the
conditions
of
that
dishonorable
peace
,
but
,
have
also
compelled
the
Emperour
,
with
their
importunity
,
to
cut
off
from
the
Palatines
,
all
hope
of
obtaining
the
Electorate
,
and
upper
Palatinate
,
by
proclaiming
,
and
writing
confidently
,
and
absolutely
,
that
he
may
not
permit
,
that
,
there
should
be
any
demand
or
conference
,
or
meeting
,
about
their
restitution
,
as
long
,
as
the
male
Line
of
William
the
Bavarian
,
was
in
being
.
But
,
goe
to
,
let
them
say
,
and
make
oath
,
that
they
would
consent
to
this
alternation
,
and
successive
execution
by
turnes
;
is
it
tolerable
that
Charles
Lodowicke
,
an
Electour
borne
by
his
owne
birth-right
,
and
by
the
law
,
provision
,
and
tradition
of
his
Ancestours
;
and
that
his
brethren
and
kinsmen
,
for
whom
this
right
was
procured
,
should
condescend
to
such
a
condition
as
would
both
bring
scandall
to
Himselfe
,
and
his
Countrey
,
and
also
infringe
their
ancient
priviledges
,
and
prerogatives
.
With
what
credit
,
with
what
honestie
,
with
what
pretence
can
hee
be
induced
that
hee
should
enfeeble
,
lessen
and
divide
his
owne
Right
and
possession
,
which
hath
beene
ratified
and
established
by
the
preterition
of
so
many
ages
,
by
the
Confirmation
of
so
many
Emperours
,
in
a
word
,
by
the
approbation
of
all
states
throughout
the
whole
world
(
who
have
lived
since
the
first
time
of
setling
of
a
Common-wealth
)
&
that
for
the
favour
of
a
most
ingratefull
and
dangerous
Familie
?
Who
can
endure
,
who
would
not
stomacke
and
storme
,
if
he
should
see
the
Palatine
Princes
,
who
formerly
have
beene
so
carefull
to
preserve
the
ancient
lawes
and
ordinances
of
their
Countrey
,
who
have
adventured
to
undergoe
any
hazard
,
though
it
were
of
life
and
state
,
for
the
maintenance
of
their
liberty
of
the
Golden
Bull
,
and
other
constitutions
and
fundamentall
decrees
now
so
dishonourably
and
unadvisedly
to
dissolue
and
violate
them
?
Hath
not
this
covenant
of
alternation
,
which
the
Bavarians
,
even
three
Ages
since
,
did
presume
to
bring
in
,
been
abrogated
by
the
Golden
Bull
of
Charles
the
fourth
,
by
the
Confirmation
of
succeeding
Emperours
,
by
the
inviolable
custome
of
so
many
yeeres
,
as
an
evill
president
,
which
might
tend
to
the
decay
and
ruine
of
the
Empire
,
would
foster
discord
and
difference
amongst
the
Princes
,
and
be
an
occasion
of
continuall
broiles
and
tumults
.
From
these
things
(
which
yet
have
beene
but
onely
touched
)
it
doth
appeare
what
may
bee
judged
of
those
meanes
which
are
propounded
for
the
overcomming
of
that
difficultie
,
concerning
the
restitution
of
the
Electorall
dignitie
:
for
,
whether
the
succession
and
execution
by
interchangeable
turnes
be
propounded
,
or
whether
two
new
ones
,
to
bee
added
to
the
seaven
Ancients
bee
resolved
on
,
both
the
one
and
the
other
is
not
to
bee
entertained
,
because
it
cannot
bee
effected
and
brought
to
passe
with
any
reason
,
security
and
profit
.
Let
them
therefore
speake
,
promise
,
offer
,
or
sweare
what
they
will
,
it
is
certaine
and
manifest
,
that
Caesar
,
the
Bavarians
and
their
associates
,
will
never
receive
Charles
Lodowicke
the
Electour
,
or
his
brethren
,
and
kinsmen
unto
their
ancient
state
of
dignitie
and
fortunes
;
nor
will
they
permit
them
to
attaine
to
any
power
,
which
may
be
any
wayes
formidable
unto
them
,
lest
when
occasion
serves
,
aide
being
sent
them
from
every
side
,
they
should
use
it
to
revenge
,
and
the
recovery
of
those
things
which
are
taken
from
them
.
Briefly
,
it
is
cleare
and
evident
,
that
all
labour
and
time
is
spent
in
vaine
,
●●●t
this
time
,
and
so
long
as
the
Bavarian
is
alive
and
the
second
Prince
in
the
whole
Empire
;
it
be
yet
hoped
,
that
by
friendly
treaties
it
may
be
effected
,
that
the
Electorall
Palatinate
,
with
the
dignity
and
septemvirall
Robes
should
be
intirely
restored
upon
equall
tearmes
.
Some
other
policy
therefore
must
be
thought
of
some
other
course
must
be
taken
,
some
alteration
of
times
is
to
bee
looked
for
,
that
so
these
invincible
spirits
,
puffed
up
with
the
successe
of
their
affaires
,
and
growne
insolent
with
their
long
felicitie
,
and
inveterate
authoritie
,
may
at
length
be
made
to
know
themselves
,
and
brought
to
more
mild
and
moderate
counsels
.
And
these
are
the
proposalls
which
are
offered
by
Caesar
,
and
willed
to
bee
accepted
as
a
speciall
grace
and
favour
of
the
Emperour
,
and
which
are
(
by
them
)
esteemed
to
deserve
a
more
neare
tyall
of
familiaritie
and
league
,
with
other
offices
of
love
,
betwixt
the
King
of
Great
Britaine
and
the
House
of
Austria
.
But
now
it
is
to
be
considered
upon
what
Conditions
this
favour
by
which
the
most
Illustrious
King
,
may
apprehend
the
willing
Inclination
,
and
benevolent
affection
of
the
Emperour
towards
Him
,
and
his
clemencie
towards
his
Nephewes
;
may
be
granted
.
The
Conditions
,
I
warrant
you
,
are
expressely
set
downe
but
all
and
those
likewise
which
are
yet
to
be
treated
of
,
are
shuffled
together
under
the
Condition
of
making
a
League
,
as
it
is
in
the
answer
.
And
indeed
,
the
first
Condition
requires
,
that
the
Count
Palatine
doe
humbly
sue
for
the
benefit
of
reconciliation
,
by
humbling
and
submitting
him selfe
to
his
sacred
Imperiall
Maiestie
in
a
submissive
manner
as
beseemeth
him
.
Here
the
Electour
is
enjoyned
to
stand
and
confesse
himselfe
to
be
guiltie
,
and
by
his
owne
fact
declare
publikely
,
that
he
is
not
innocent
,
but
that
he
hath
offended
his
Imperiall
Majestie
to
whom
hee
ought
to
be
reconciled
.
A
reconciliation
doth
presuppose
an
offence
:
But
in
what
did
he
ever
offend
the
Emperour
?
Whether
,
because
hee
came
into
the
world
?
whether
,
because
hee
liveth
?
whether
,
because
hee
was
in
his
minoritie
and
could
injure
no
man
by
reason
of
his
infancie
?
whether
,
because
he
is
descended
of
the
ancient
and
Royall
stocke
of
the
Palatines
,
and
borne
of
a
Queene
his
mother
?
whether
because
he
had
a
father
who
was
elected
King
of
Bohemia
?
whether
,
because
he
was
brought
up
at
Leyden
,
and
applyed
himselfe
to
the
studies
of
Arts
?
whether
,
because
hee
was
quiet
,
and
did
forbeare
Armes
?
whether
because
he
following
the
councell
of
the
King
his
Uncle
,
was
not
a
Partie
?
whether
because
he
humbly
and
submissively
desired
his
restitution
and
investiture
of
Caesar
?
Whether
,
because
he
hath
tendred
him
all
obsequie
,
and
observance
?
Whether
because
the
King
his
Uncle
in
his
behalfe
did
send
an
Ambassadour
to
the
Emperour
and
his
Electours
?
whether
because
by
the
daughter
,
hee
is
the
Grand-child
of
King
Iames
,
and
by
the
sister
,
the
Nephew
of
King
Charles
,
and
the
Nephews
Sonne
of
the
King
of
Denmarke
,
and
kinsman
to
the
King
of
France
?
Some
such
thing
must
be
,
which
hath
given
the
offence
:
But
why
is
not
the
offence
,
and
the
cause
thereof
,
expressed
,
for
which
he
must
shew
such
a
kind
of
submission
and
humiliation
,
as
is
not
usually
required
,
nor
performed
,
but
by
delinquents
and
such
as
acknowledge
themselves
to
be
great
offenders
?
Wherefore
is
there
not
a
word
mentioned
why
Caesar
is
so
offended
with
him
,
that
hee
must
needes
become
a
Suppliant
,
by
seeking
with
so
much
humility
,
the
benefit
of
his
reconciliation
?
Secondly
,
He
is
bound
to
renounce
all
Leagues
and
Covenants
whatsoever
,
which
either
He
Himselfe
,
or
haply
His
Father
,
hath
made
with
any
Kings
or
States
whatsoever
,
as
well
within
,
as
without
the
Empire
.
Heere
he
is
enjoyned
to
bid
farewell
,
for
ever
,
to
all
Assistants
and
friends
;
and
solely
to
rest
upon
the
meere
favour
of
Caesar
,
and
to
lay
the
foundation
of
his
hope
and
fortunes
upon
those
uncertaine
and
doubtfull
propositions
.
But
,
by
this
meanes
,
he
should
not
onely
injure
,
and
be
extreamly
ingratefull
towards
his
better
friends
and
acquaintance
,
who
have
entertained
Him
,
his
Father
,
Mother
,
Brethren
and
Sisters
exiled
,
and
hitherto
have
preserved
them
safe
,
as
in
a
Sanctuary
,
and
accumulated
them
with
all
kind
of
Curtesies
and
friendly
offices
;
but
also
,
he
should
deprive
himselfe
ever
hereafter
,
of
the
power
and
liberty
of
looking
for
&
contracting
leagues
and
friendship
,
or
entertaining
Commerce
and
familiarity
with
whom
he
pleaseth
.
It
is
neither
wisedome
nor
safety
to
leave
certaineties
with
dishonour
,
and
prejudice
,
both
to
Conscience
and
Credit
;
and
to
turne
unto
uncertainties
which
are
both
hurtfull
and
infamous
,
with
disgrace
and
ruine
.
How
miserable
would
be
the
condition
,
I
will
not
say
of
a
Prince
,
but
of
a
Peasant
,
who
must
suffer
himselfe
to
be
bound
to
so
hard
and
unjust
conditions
,
that
he
should
quite
disable
himselfe
of
all
hopes
of
using
occasions
&
favours
of
his
friends
?
There
is
no
example
extant
,
in
which
,
so
generall
,
absolute
,
and
indistinct
renunciation
of
all
leagues
and
covenants
,
hath
beene
required
of
any
Prince
of
Germany
,
who
hath
hitherto
beene
restored
unto
favour
.
Thirdly
,
there
must
be
satisfaction
also
given
in
other
things
,
of
which
it
shall
be
determined
hereafter
,
in
a
future
Treatise
concerning
a
league
,
to
bee
made
with
His
Imperiall
Majesty
,
the
King
of
Spaine
,
and
the
whole
House
of
Austria
.
Hence
it
is
collected
,
that
yet
there
are
some
other
conditions
to
be
exacted
of
the
Electour
,
and
prescribed
to
him
.
In
all
those
there
must
first
be
satisfaction
given
in
very
deed
,
and
a
league
confirmed
by
the
King
of
great
Brittaine
,
with
the
whole
House
of
Austria
,
and
many
other
offices
,
emoluments
,
and
assistance
to
bee
granted
according
to
the
arbitrement
and
disposeall
of
Caesar
,
and
the
Spaniard
;
and
then
,
the
Emperour
promiseth
He
will
performe
his
propositions
.
These
are
things
which
the
Emperour
offreth
,
and
the
conditions
upon
which
they
are
offred
.
And
now
if
these
offers
be
considered
by
themselves
,
and
in
their
owne
nature
,
without
the
conditions
annexed
,
they
are
such
as
will
not
onely
bring
no
honour
,
profit
and
benefit
,
but
rather
ignominy
,
losse
,
and
prejudice
to
him
that
accepts
and
consents
unto
them
.
They
are
also
unbeseeming
the
greatnesse
of
the
Imperiall
Majesty
,
willingly
and
yet
hardly
,
offering
so
small
things
,
with
so
great
exaggeration
,
and
as
it
were
exprobation
.
Moreover
they
are
farre
unworthy
of
the
honour
of
the
King
,
who
did
require
them
,
and
had
deserved
better
;
to
whom
it
would
be
a
dishonour
,
if
so
many
intercessions
,
&
Ambassies
,
if
so
much
expense
of
state
in
these
attempts
,
if
his
great
kindnesse
shewed
to
the
Austrians
,
his
owne
friendship
and
confederation
with
them
,
if
the
moderation
,
which
Himselfe
,
and
the
King
His
Father
,
have
manifested
in
the
behalfe
of
Caesar
,
and
the
House
of
Austria
,
in
the
midst
of
these
combustions
;
if
the
continuall
profits
,
which
the
Spaniards
get
by
England
,
could
procure
,
obtaine
,
and
merit
no
more
than
some
one
part
of
the
Palatinate
,
not
to
bee
contemned
.
Surely
,
these
men
either
make
small
account
of
the
desert
,
league
,
society
and
friendship
of
the
King
,
if
they
thinke
it
may
bee
recompensed
with
some
shall
portion
of
the
Palatinate
,
already
exhausted
,
and
utterly
ruinated
;
or
else
,
they
valew
that
portion
,
and
the
favour
of
the
Emperour
at
so
high
a
rate
,
that
the
friendship
of
so
potent
a
King
,
and
his
assistance
,
may
not
bee
compared
with
,
or
preferred
before
it
.
The
whole
Palatinate
,
with
the
Electorall
dignity
,
and
all
the
revenewes
therereof
(
especially
in
the
estate
that
now
it
is
,
where
there
is
nothing
beautifull
or
solid
in
it
,
)
cannot
be
so
profitable
,
either
to
the
King
,
or
the
Electour
his
Nephew
,
as
at
this
time
,
that
sole
Friendship
of
the
King
,
sitting
still
,
and
carrying
himselfe
as
a
neutrall
,
is
to
the
Austrians
.
As
the
puissance
of
no
King
,
Prince
,
and
Empire
in
the
world
at
this
day
,
can
bee
compared
with
that
,
by
which
the
most
Glorious
King
of
Great
Brittaine
at
this
time
excells
and
exceeds
others
;
so
there
is
none
which
is
so
formidable
and
more
to
bee
feared
than
that
is
,
which
is
alike
fatall
to
the
Austrians
and
Spaniards
.
The
Kings
of
England
,
from
time
to
time
have
beene
very
powerfull
,
and
for
their
commodious
Scituation
of
the
Iland
,
and
their
command
of
the
Sea
have
beene
ever
to
bee
feared
.
But
none
of
them
did
ever
attaine
to
that
height
of
power
,
to
which
King
Charles
hath
now
ascended
:
who
with
one
breath
rules
and
governes
three
,
the
most
powerfull
,
flourishing
,
and
populous
kingdomes
,
abounding
,
in
the
superlative
degree
,
with
all
things
necessary
for
peace
and
warre
;
and
(
which
is
the
chiefest
,
and
of
most
importance
)
hem'd
in
with
two
great
Ilands
,
not
without
great
difficulty
to
be
entred
:
who
with
an
unconquered
,
and
continuall
Navy
,
is
Admirall
of
the
Sea
,
and
by
most
strong
Garrisons
keepeth
the
channell
,
and
as
hee
thinketh
fitting
,
right
,
and
necessary
,
doth
either
open
or
shut
it
as
his
pleasure
:
who
hath
assigned
certaine
annuall
and
continuall
revenewes
and
profits
,
to
mainetaine
a
Navy
,
and
now
and
then
to
repaire
it
with
new
supplies
:
at
whose
becke
and
will
(
if
hee
please
to
command
,
and
use
them
)
all
the
Navies
in
the
Germane
Ocean
,
in
both
the
Balticke-seas
,
in
Denmarke
,
about
the
coasts
of
the
Neatherlands
,
and
Sweden
,
are
ready
,
and
will
hoyse
up
sailes
:
who
enjoyes
a
most
firme
peace
,
and
encompassed
about
with
a
numerous
Of
spring
,
reply
&
rests
upon
many
proppes
,
and
staies
:
who
goevrnes
a
most
obedient
people
,
that
accustome
themselves
to
observe
his
commands
with
a
willing
minde
;
who
hath
the
command
of
a
most
warlike
Nation
,
and
most
valiant
in
their
undertakings
of
Armes
both
by
Sea
and
Land
:
who
hath
in
a
readinesse
some
Myriades
of
most
skilfull
Marriners
,
&
approved
Pilots
;
who
is
neither
terrified
by
feare
or
suspition
of
sedition
,
contumacy
,
or
disobedience
,
nor
yet
disturbed
in
His
purposes
,
and
intentions
:
who
safely
,
and
that
with
his
great
advantuge
,
may
invade
his
enemies
;
but
cannot
bee
invaded
without
danger
to
the
attempters
:
who
can
wage
warre
against
other
Princes
,
with
profit
,
and
without
danger
;
and
prevent
and
suppresse
,
in
the
very
beginning
a
warre
that
is
made
against
him
,
before
it
comes
neare
him
:
But
,
as
he
is
most
observant
of
his
covenants
,
and
most
desirous
of
peace
,
and
the
greatest
lover
of
justice
,
and
equity
:
So
doth
he
also
desire
no
other
mans
right
,
provoketh
no
man
unadvisedly
,
but
onely
endeavoureth
to
keepe
and
maintaine
that
which
is
his
owne
.
For
,
such
is
the
justice
,
piety
,
and
integrity
of
this
great
Monarch
,
(
for
hee
hath
these
graces
,
which
are
the
supporters
of
his
royall
throne
,
amongst
others
,
proper
and
engraffed
in
his
royall
breast
)
that
,
he
will
keepe
his
covenants
,
conditions
,
and
leagues
,
that
are
made
with
him
,
whether
of
peace
or
commerce
,
wholly
,
punctually
,
and
inviolably
with
all
men
;
and
not
take
up
Armes
for
profit
,
and
by
violence
;
but
with
necessity
,
and
mature
preparation
;
preferring
the
security
and
safety
of
his
people
,
before
his
owne
private
revenge
or
desires
.
That
the
Spaniards
,
at
this
day
,
keepe
possession
of
Flanders
and
the
Netherlands
;
that
they
have
free
ingresse
,
and
egresse
,
to
their
owne
shores
,
bayes
,
and
havens
;
that
they
can
trade
and
traffique
with
their
so
far
distant
and
remote
Kingdomes
;
that
they
can
send
their
money
,
by
letters
of
exchange
,
to
maintaine
their
Armies
;
that
they
can
take
up
,
and
bring
fresh
souldiers
and
supplies
into
the
field
:
All
this
,
is
by
the
favour
of
King
Charles
:
For
had
it
pleased
him
,
at
that
time
,
when
the
French
and
Hollanders
,
with
their
joyned
forces
and
Armies
marched
into
Flanders
,
either
to
have
given
them
a
small
assistance
,
or
have
reached
out
his
hand
to
the
common
prey
;
there
is
no
man
doubts
,
but
they
had
beene
turned
out
of
the
Netherlands
,
and
beene
beaten
by
Sea
,
and
enforced
to
retire
into
their
ancient
Caves
and
Dens
beyond
the
Pyrenean
mountains
.
Hence
then
it
is
manifest
,
how
needfull
and
behoovefull
it
is
,
for
the
Spaniards
and
the
Austrians
,
to
have
for
a
friend
(
or
at
the
least
no
enemy
,
but
a
mediatour
both
of
Peace
and
Warre
)
so
potent
a
Commander
of
the
Sea
.
They
ought
therefore
carefully
to
take
heed
,
that
they
doe
not
alienate
or
estrange
Him
from
them
;
that
they
move
Him
not
to
wrath
,
displease
Him
,
or
stirre
Him
up
against
them
.
For
if
they
should
have
the
King
their
Foe
,
and
Enemy
(
the
trueth
is
)
they
would
soone
be
reduced
to
order
,
and
forbeare
their
pillaging
and
invasion
of
other
Kingdomes
and
Empires
;
and
be
compelled
to
alter
their
purpose
of
an
universall
Monarchie
throughout
Europe
,
being
scarce
safe
in
their
owne
houses
and
countrey
;
and
altogether
unable
to
maintaine
themselves
.
If
the
King
would
,
but
at
the
least
,
prohibite
,
and
hinder
them
from
comming
upon
the
Seas
,
from
using
of
traffique
and
navigation
;
their
power
and
strength
would
soone
come
to
a
straight
:
For
He
might
,
if
He
thought
fit
to
undertake
it
,
in
a
short
space
of
time
,
and
within
one
yeere
,
chase
them
off
from
the
Ocean
,
like
that
great
Pompey
,
who
within
the
space
of
three
yeeres
,
scoured
the
Sea
of
all
Pirates
through
the
whole
Roman
Empire
.
If
any
one
doe
well
consider
the
particulars
,
he
shall
have
cause
enough
to
detest
,
either
the
impudence
,
or
obstinacy
,
or
arrogance
of
the
Austrians
and
Spaniards
;
in
that
,
in
the
Palatine
Cause
,
they
have
not
onely
,
not
given
satisfaction
to
the
most
reasonable
and
iust
demands
of
so
mighty
a
King
;
(
whose
Peace
affords
them
safeguard
and
security
)
but
also
that
they
still
hinder
His
Nephews
from
being
restored
to
the
former
state
of
their
Dignity
and
fortune
.
But
let
them
know
,
That
,
as
anger
in
heroick
spirits
is
slow
and
tardy
in
the
beginning
,
so
it
is
fell
and
vehement
,
if
being
overmuch
provoked
it
shall
move
it selfe
with
a
just
violence
.
Philip
&
Peucer
.
in
Chronic.
Carion
.
At
length
(
without
doubt
)
the
just
Nemesis
will
awake
,
and
rise
against
them
,
requiring
vengeance
and
punishment
of
those
arrogant
oppressors
of
the
innocent
,
and
pillagers
both
of
Kingdomes
and
Provinces
.
Now
if
Caesars
propositions
be
looked
upon
,
as
they
are
attired
in
the
vestments
of
the
annexed
Conditions
;
they
are
to
be
reputed
still
viler
,
baser
and
more
opprobrious
.
I
pray
you
,
what
favour
is
this
,
which
tends
to
trouble
&
disgrace
,
&
withall
,
is
to
be
bought
at
so
deare
a
●ate
?
Briefly
,
every
man
may
see
,
that
this
is
intended
chiefly
,
That
both
the
most
Illustrious
Palatine
family
,
most
observant
of
their
liberty
,
and
the
ancient
Ordinances
,
may
be
utterly
oppressed
,
and
continue
in
perpetuall
infamy
,
that
it
rise
not
againe
;
and
that
their
friends
and
abettors
may
be
circumvented
and
hindred
from
taking
of
Armes
;
and
that
they
may
not
,
upon
the
occasions
and
moments
of
time
apprehended
,
associate
themselves
with
the
eneenemies
of
the
Austrians
.
Lastly
;
it
must
be
given
you
to
understand
,
that
The
Emperour
,
in
his
last
answere
,
which
he
did
likewise
in
the
former
,
pressed
the
Ambassador
,
to
descend
to
particulars
;
and
more
plainely
,
either
by
writing
,
or
,
if
it
pleased
him
,
(
which
his
Imperiall
Majesty
did
judge
more
convenient
)
by
vocall
conference
,
with
his
Imperiall
Majesties
Commissioners
,
to
explaine
what
the
most
Illustrious
King
of
Great
Britaine
doth
offer
,
and
intend
to
performe
,
to
His
Imperiall
Majesty
,
in
exchange
of
these
faire
offers
;
that
each
Party
proceeding
in
a
faire
equipage
,
(
as
the
custome
is
)
it
may
be
treated
,
agreed
,
and
concluded
concerning
the
Propositions
demanded
;
and
the
Conditions
to
bee
performed
on
both
sides
:
which
His
Sacred
Imperiall
Majesty
thought
consentany
and
agreeable
to
reason
.
But
the
Ambassador
in
his
proposition
,
and
afterward
,
declared
,
That
his
King
,
if
for
His
sake
there
should
be
a
restitution
,
not
onely
of
one
part
,
but
of
the
whole
Palatinate
,
with
the
Electorate
;
and
so
the
foundation
of
an
universall
peace
should
be
laid
:
Then
Hee
would
make
a
league
with
the
Emperour
,
and
the
whole
House
of
Austria
,
and
the
Princes
of
the
Empire
,
to
begin
,
setle
,
and
continue
a
peace
.
A
very
good
,
and
most
faire
requitall
!
who
could
hope
,
and
expect
more
?
The
King
offered
more
than
enough
;
and
yet
the
Caesareans
,
and
Spaniards
,
were
not
contented
with
it
:
They
would
have
,
that
the
Ambassadour
should
remonstrate
,
and
shew
in
particulars
,
with
what
couenants
and
conditions
,
the
King
of
great
Brittaine
,
would
make
his
league
,
with
the
House
of
Austria
(
for
of
the
Empire
,
and
the
Princes
thereof
,
they
made
no
mention
,
nor
did
they
much
care
for
it
;
because
the
Austrians
should
get
no
great
advantage
,
by
such
a
conditioned
league
with
the
Princes
)
or
what
,
or
how
much
assistance
,
either
of
Armes
,
money
,
or
shipping
,
Hee
did
intend
to
covenant
,
and
performe
.
But
the
Ambassadour
,
as
a
wise
,
and
circumspect
man
,
thought
it
neither
reasonable
,
just
,
nor
honest
,
to
goe
further
,
in
answere
of
things
particularly
,
before
the
Emperour
would
come
nearer
to
his
demandes
,
and
plainely
declare
,
whether
hee
would
consent
to
the
whole
,
and
intire
restitution
,
as
it
was
required
;
or
at
least
,
what
part
,
and
upon
what
tearmes
,
he
determined
to
restore
,
giving
hope
,
and
promise
,
that
the
remainder
likewise
in
short
time
should
be
surrendred
.
Those
offers
,
which
were
made
and
propounded
in
the
name
of
the
King
,
were
not
onely
honourable
excellent
,
and
beseeming
such
a
magnanimous
King
,
most
desirous
of
the
publike
peace
;
but
also
most
necessary
for
setling
a
peace
in
the
whole
Empire
:
to
this
adde
that
,
the
King
(
not
bound
thereunto
by
any
obligation
)
offered
these
things
meerely
,
in
testimony
of
his
good
affection
.
But
those
propositions
obtruded
and
thrust
,
as
it
were
,
upon
the
King
,
by
the
Emperour
,
are
uncertaine
,
dishonourable
,
unworthy
,
imperfect
:
such
as
are
neither
answerable
to
the
Kings
demands
,
expectation
and
merits
;
and
such
as
are
not
expressions
of
a
generous
and
free
spirit
,
but
testimonies
of
a
tenacious
,
covetous
,
and
sordid
disposition
.
To
passe
by
that
,
the
Caesarean
Majesty
,
both
in
respect
of
the
innocency
of
the
Princes
,
that
are
to
bee
restored
,
in
respect
of
the
justice
of
the
cause
,
and
in
respect
of
the
publike
good
;
that
would
have
ensued
,
was
obliged
to
farre
greater
conditions
,
namely
,
to
the
intire
restitution
of
the
Electorall
dignity
,
and
dominions
.
And
yet
,
if
hee
had
come
somewhat
neerer
to
the
just
,
reasonable
,
and
so
often
iterated
demands
of
the
Ambassadour
,
and
had
passed
over
those
ignominious
conditions
which
he
prescribed
to
the
Electour
,
by
consenting
to
an
honourable
restitution
,
which
might
have
beene
accepted
,
without
prejudice
,
and
with
safety
;
and
withall
,
had
propounded
noble
,
and
honest
conditions
,
upon
which
hee
would
have
granted
a
restitution
:
then
the
Ambassadour
knowing
how
much
the
favour
,
and
benevolence
of
Caesar
would
merit
,
had
beene
ready
to
proceede
further
.
But
the
drift
of
the
Caesareans
,
was
first
to
know
,
what
they
might
certainely
and
particularly
expect
from
the
King
,
whether
any
,
and
what
provision
,
of
Armes
,
money
,
or
shipping
hee
would
grant
unto
them
:
and
all
to
this
end
,
that
if
they
perceived
,
it
would
not
answere
and
much
conduce
to
their
purposes
,
then
,
it
might
be
lawfull
for
them
to
goe
backe
,
and
dismisse
the
Ambassadour
,
the
treaty
unconcluded
.
Those
things
which
are
objected
concerning
the
Dispositions
,
confirmed
by
the
treaty
of
Prague
,
and
ratified
by
all
the
Princes
of
the
Empire
,
and
brought
in
only
to
excuse
,
and
settle
the
Emperours
decrees
in
the
Palatine
cause
,
do
sufficiently
declare
,
what
is
to
be
hoped
for
in
the
integrall
restitution
of
the
dominions
and
dignity
.
By
the
decrees
of
Prague
it
appeareth
plainely
,
that
,
there
were
certaine
private
and
secret
contracts
,
betweene
the
Bavarian
,
and
the
Emperour
,
by
vertue
whereof
,
the
Electorall
dominions
and
dignities
were
not
onely
given
,
granted
,
and
confirmed
to
the
Duke
of
Bavaria
,
for
tearme
of
life
;
but
also
to
the
whole
face
of
his
father
William
,
from
whom
it
is
called
the
Wilhelmian
Line
,
to
endure
for
ever
:
for
the
decree
runneth
in
these
words
:
As
much
as
concerneth
the
Palatin
cause
:
it
is
enacted
,
that
thos●
things
which
His
Imperial
Maiesty
hath
determined
,
both
concerning
the
Electorate
&
dominions
therof
,
in
the
behalfe
of
the
most
Illustrious
Duke
of
Bavaria
,
and
the
Line
of
William
,
and
otherwise
;
as
also
,
what
hee
hath
ordered
,
concerning
the
goods
of
certaine
Palatine
Administrators
,
they
shall
abide
firme
,
and
ratified
;
yet
so
,
as
it
shall
bee
lawfull
,
for
the
widow
of
Fredericke
the
fourth
,
sometimes
,
Count
Palatine
of
the
Rhine
,
to
enioy
her
dowry
,
so
farre
,
as
She
can
make
it
appeare
to
appertaine
unto
Her
.
But
for
the
children
of
the
proscribed
Palatine
,
when
they
shall
submissely
have
humbled
themselves
(
as
it
beseemes
them
)
to
His
Caesarean
Maiesty
,
some
Princely
allowance
shall
bee
appointed
to
them
,
not
as
a
due
,
but
as
a
favour
;
not
that
they
can
claime
it
as
their
Right
,
but
as
it
proceedes
from
the
grace
of
the
Emperour
.
In
the
dispute
concerning
the
Septemvirate
Palatine
,
transferred
,
by
full
power
,
upon
the
Duke
of
Bavaria
,
it
is
often
repeated
●●d
affirmed
,
that
the
Electorate
is
not
onely
given
to
the
Duke
of
Bavaria
,
but
to
the
whole
Line
of
the
Bavarians
;
and
that
the
Duke
of
Ne●burg
,
and
others
,
are
mistaken
,
who
conceive
the
Investiture
to
be
meerely
provisionall
,
and
for
terme
of
life
.
The
most
Augustine
Emperour
(
thus
he
writeth
Cap.
4.
n.
24.
)
hath
cast
the
most
just
and
deserved
thunderbolt
of
proscription
of
the
Ban
,
upon
the
rebell
Frederick
,
and
thereby
declared
him
to
have
lost
all
his
Priviledges
,
Honours
,
Goods
,
and
particularly
,
the
Electorall
Dignity
,
with
the
Dominions
thereunto
annexed
.
Secondly
,
that
he
hath
adjudged
the
said
Electorate
,
for
Felony
done
by
Frederick
,
to
bee
devolved
to
himselfe
,
upon
mature
hearing
and
knowledge
of
the
Cause
,
examining
withall
,
theaersons
,
allegations
,
and
pretences
of
the
Duke
of
Neuburg
.
Lastly
,
that
he
being
moved
with
most
weighty
,
and
just
argument
,
hath
by
consent
,
and
approbation
of
the
Electors
of
the
Empire
,
and
perswasion
of
the
Pope
,
really
,
and
for
ever
transferred
the
said
Electorate
,
together
with
the
Priviledges
thereunto
annexed
,
unto
the
most
Illustrious
Prince
,
Maximilian
Duke
of
Bavaria
,
and
the
whole
Bavarian
Family
(
notwithstanding
the
Duke
of
Neuburgs
gain-saying
of
it
)
by
a
solemne
and
wonted
Investiture
;
so
that
His
Electorall
Highnesse
having
taken
possession
,
as
well
of
the
Right
,
Voice
,
Dignity
,
and
Electorall
power
;
as
of
the
Goods
,
Territories
,
Lands
,
Dominions
,
and
other
things
thereunto
annexed
;
or
,
as
it
were
,
admitted
into
the
Famous
Colledge
of
Electours
,
associated
unto
that
Fraternall
union
;
and
in
all
things
,
publikely
enjoying
the
Office
,
Right
,
Function
,
and
Dignity
of
the
former
Electour
Palatine
;
is
thought
worthy
of
,
and
honoured
with
that
Title
,
as
well
by
the
Pope
,
Colledge
of
Cardinalls
,
his
Imperiall
Majesty
,
as
the
Kings
of
France
,
Spain
,
Poland
,
and
Denmarke
.
With
what
face
then
,
credit
,
or
honesty
,
doth
the
Relator
write
,
that
the
Investiture
of
the
most
Illustrious
Duke
Maximilian
,
concerning
the
Electorall
dignitie
,
is
onely
provisionall
,
and
made
,
but
upon
certaine
conditions
,
to
bee
of
force
onely
,
for
te●rme
of
life
?
The
Imperiall
〈◊〉
〈◊〉
doth
convin●●
this
calumny
,
which
the
Relator
himselfe
(
though
unwilling
)
cannot
but
acknowledge
.
Item
fol.
15.
cap.
5.
n.
17.
Hee
hath
freely
(
saith
he
)
the
cause
being
maturely
deliberated
by
the
space
of
2.
yeares
,
and
more
,
the
purpose
communicated
to
the
Electours
,
the
Pope
assenting
,
or
rather
,
instantly
desiring
it
the
Princes
of
the
sacred
Roman
Empire
,
urging
and
approving
it
,
forraigne
Kings
also
,
and
Dukes
,
(
the
Duke
of
Newburge
onely
excepted
)
earnestly
interceding
for
it
,
with
the
applause
of
all
good
men
,
translated
the
Electorate
upon
the
most
illustrious
,
Maximilian
Duke
of
Bavaria
,
and
the
whole
Bavarian
line
,
the
merits
of
his
highnesse
being
knowne
to
the
whole
world
,
his
Agnation
,
and
right
from
that
ancient
Family
sueing
for
it
,
and
other
,
most
weighty
causes
,
moving
the
Emperour
thereunto
;
as
it
appeareth
more
at
large
,
by
the
Charter
of
his
Patent
,
and
his
Letters
of
Investiture
:
and
a
little
after
,
n.
175
nothing
is
granted
provisionally
,
and
for
time
of
life
;
no
title
is
reserved
for
the
Duke
of
Newburg
and
n.
182.
For
the
Electorate
Palatine
,
was
by
the
meere
good
will
and
arbitrement
of
the
Emperour
(
other
great
,
and
most
just
causes
,
moving
him
to
it
)
tran●ferred
upon
the
Duke
of
Bavaria
,
and
his
Noble
Family
,
without
respect
,
or
mention
of
his
expence
in
warre
,
and
n.
184.
the
matter
by
the
space
of
two
yeeres
,
and
more
,
being
throughly
scanned
,
examined
,
and
advised
of
,
hee
began
to
translate
it
upon
Maximilian
the
Duke
of
Bavaria
,
and
his
Family
n.
188.
that
so
(
Iustice
dipsosing
it
)
the
Electorall
dignity
,
raked
out
of
the
Ashes
,
againe
might
returne
to
that
Family
,
to
which
of
old
it
did
belong
;
though
contrary
to
right
,
law
,
and
covenants
confirmed
by
oath
it
was
taken
from
it
.
n.
190.
of
the
Electorate
Palatine
,
by
reason
of
the
most
haynous
crime
of
rebellion
,
committed
and
perpetrated
by
the
proscribed
Fredericke
,
fully
devolved
to
him
,
and
justly
and
lawfully
translated
to
the
Duke
of
Bavaria
and
his
family
.
But
what
needes
many
words
?
Have
we
not
heard
sufficiently
already
,
that
the
Emperour
doth
no
longer
deny
,
but
openly
and
publikely
professe
in
the
hearing
of
all
the
world
,
that
he
hath
given
,
conferred
,
and
by
Investiture
delivered
,
the
Palatine
Septemvirate
,
to
Duke
Maximilian
,
and
the
whole
Bavarian
Line
?
This
Act
indeed
was
,
not
long
knowne
among
the
Commons
:
Before
the
publication
of
the
Articles
of
Prague
,
no
man
ever
heard
of
it
,
unlesse
,
perhaps
,
either
by
divination
,
suspition
,
or
conjecture
,
he
did
smell
it
out
.
But
these
things
,
as
all
other
passages
in
this
businesse
of
transferring
the
Electorall
Dignity
,
were
ordered
and
ennacted
privately
,
and
by
a
compact
plot
,
as
it
were
,
in
hugger-mugger
,
they
being
neither
heard
,
nor
called
,
without
defence
,
and
absent
whom
it
most
concerned
;
without
the
privity
and
consent
of
the
chiefe
Electours
and
Princes
(
except
that
some
afterwards
enforced
with
feare
did
not
contradict
them
)
against
the
Laws
,
Right
,
and
faith
given
to
the
contrary
.
But
how
doe
these
things
suit
and
agree
with
those
of
the
Emperour
and
the
Duke
of
Bavaria
?
who
when
in
the
Diet
at
Ratisbone
,
he
invested
Maximilian
into
the
Electorate
,
both
to
the
Electours
and
King
Iames
,
did
religiously
assure
,
promise
and
avow
,
engaging
his
inviolable
faith
,
that
hee
had
translated
and
conferred
the
Electorall
Dignitie
to
the
Bavarian
but
upon
certain
Condions
,
as
namely
,
without
prejudice
to
the
right
of
the
pretenders
,
and
no
longer
than
for
his
life
.
For
thus
hee
expresseth
himselfe
in
his
declaration
solemnly
made
to
the
Electours
Feb.
23.
An.
1623
That
,
the
Investiture
,
was
made
without
prejudice
of
the
sonnes
of
the
Count
Palatine
,
and
his
Brethren
,
as
also
of
the
Duke
Wolfgangus
Willhelmus
Count
Palatine
,
and
other
his
kinsmen
,
so
that
nothing
was
detracted
from
any
,
of
his
right
,
but
that
it
was
expressely
reserved
,
to
bee
decided
,
as
soone
as
might
be
,
either
by
a
friendly
composition
or
by
law
:
the
controversie
being
decided
,
whatsoever
was
adjudged
for
them
,
should
be
delivered
them
instantly
,
after
the
death
of
Maximilian
the
Duke
of
Bavaria
,
and
the
Investiture
,
thereupon
,
to
bee
granted
.
The
Electours
also
of
Saxony
,
and
Brandenburg
,
acknowledged
the
Duke
of
Bavaria
,
but
it
was
upon
certaine
conditions
,
and
no
longer
than
he
lived
:
for
when
he
died
,
the
title
was
to
be
restored
to
those
,
to
whom
before
the
Proscription
and
the
translation
of
the
Palatine
(
so
the
words
runne
)
by
reason
of
the
simultaneous
Investiture
,
the
Electorall
dignitie
did
of
right
belong
.
The
Emperour
,
in
his
letters
to
King
Iames
the
5.
of
March
,
the
same
yeare
,
writeth
in
this
manner
:
That
hee
by
his
declaration
would
not
in
the
least
derogate
or
prejudice
any
in
their
rights
;
but
to
the
pretended
succession
in
the
Electorall
Dignitie
and
dominions
,
a
doore
of
his
Imperiall
grace
and
equitie
should
bee
alwaies
left
open
both
to
the
children
,
brother
,
and
kinsmen
of
the
Palatine
.
Furthermore
,
that
it
was
expressely
inserted
in
the
Instrument
of
Investiture
,
that
by
a
friendly
treatie
,
or
if
that
would
not
prevaile
,
by
a
summarie
or
royall
processe
,
it
should
be
pleaded
and
decided
what
of
grace
might
be
given
to
the
Nephewes
of
the
King
,
pretending
a
right
of
succession
,
and
what
of
equitie
to
the
Kindred
in
the
Dignitie
and
Electorall
Priviledges
.
And
the
Bavarian
himselfe
also
did
averre
and
promise
upon
his
faith
,
that
he
would
possesse
the
Electorate
upon
Condition
,
and
no
otherwise
,
and
that
after
his
death
it
should
be
restored
to
him
,
or
them
,
to
whom
by
Composition
or
sentence
of
Iudicature
it
should
bee
adjudged
.
As
it
is
more
largely
expressed
both
in
the
Charter
of
the
Investiture
,
and
in
the
foresaid
Declaration
of
the
Emperour
,
as
also
in
Letters
of
the
Electour
of
Saxony
,
to
the
Elector
of
Mentz
;
and
in
the
answere
of
the
Electour
of
Brandenburg
to
the
Embassadour
of
Caesar
,
dated
at
Regiomontium
in
Borussia
,
the
12.
of
May
1627.
All
which
notwithstanding
being
violated
,
and
cast
by
,
the
septemvirall
dignity
,
with
the
Country
,
by
secret
contracts
and
agreements
,
is
granted
,
and
conferred
upon
the
Line
of
William
that
is
,
upon
all
the
Dukes
of
Bavaria
,
and
their
children
.
In
that
Decree
also
made
the
24.
of
February
this
yeere
last
past
,
to
which
the
Emperour
doth
now
and
then
,
affirme
that
hee
will
constantly
adhere
,
he
hath
left
some
hope
of
regaining
the
Electorall
Dignity
:
whilest
he
thus
writes
againe
;
When
it
shall
come
to
a
Treaty
,
concerning
the
Electorall
Dignity
,
and
the
other
demands
,
His
Majesty
will
observe
such
moderation
,
that
in
those
things
which
may
be
granted
,
upon
reasonable
Conditions
,
both
the
most
Illustrious
King
of
Great
Brittaine
,
may
thence
discover
the
good
will
,
and
affection
of
His
Sacred
Imperiall
Majesty
towards
Him
;
and
,
the
often
named
Count
Palatine
,
may
apprehend
,
the
inclination
of
His
Caesarean
Grace
towards
Him
:
And
this
He
also
repeated
,
word
for
word
,
in
His
Answere
to
the
English
Ambassadour
,
the
30.
day
of
Iune
,
of
the
forementioned
yeere
.
But
it
is
to
be
observed
,
that
these
words
were
spoken
,
and
rehearsed
,
long
after
the
agreement
of
Prague
,
and
the
translation
made
in
facto
,
upon
the
Line
of
William
.
Quanto
in
pectore
hanc
rem
meo
magis
voluto
,
Tanto
mihi
aegritudo
auctior
est
in
animo
,
Ad
illum
modum
os
sublitum
esse
.
To
use
the
Plantine
phrase
,
not
onely
,
to
all
the
Counts
Palatines
,
but
to
all
the
Princes
of
the
Empire
and
others
,
who
favoured
the
cause
Palatine
,
being
perswaded
,
that
the
proscription
,
and
hatred
,
of
the
Caesareans
,
was
onely
against
Fredericke
,
and
not
against
his
children
;
and
that
the
Electorate
should
be
restored
to
them
,
after
the
Bavarians
death
;
and
yet
deceived
,
especially
the
two
Electous
of
Saxony
,
and
Brandenburg
,
who
were
so
cautelous
of
being
deluded
,
and
yet
shewed
lesse
care
,
when
they
seemed
most
carefull
.
But
upon
what
ground
,
with
what
conscience
,
by
what
right
,
could
such
clandestine
,
and
prejudiciall
disposals
be
done
,
they
being
unheard
,
and
unconsulted
whom
it
principally
concerned
.
Yet
,
as
such
grants
,
and
disposals
are
nullities
,
and
unjust
,
so
they
cannot
bee
confirmed
by
the
covenants
of
Prague
,
nor
by
the
Princes
.
That
,
they
were
of
no
validity
,
it
appeareth
,
by
this
;
first
because
they
were
concluded
privately
,
betwixt
Caesar
,
and
the
Bavarians
,
and
point-blancke
contrary
to
the
fundamentall
lawes
of
the
Empire
;
for
in
the
golden
Bull
,
the
prime
,
and
chiefe
fundamentall
law
,
cap.
7.
&
20.
&
24.
and
other
constitutions
,
it
is
decreed
particularly
,
That
the
dignity
,
right
,
power
,
vote
,
vicariate
,
office
,
and
function
of
the
Septemvirall
eminency
,
with
their
Principalities
,
and
Dominions
,
(
by
vertue
whereof
,
the
secular
Princes
Electors
,
are
knowne
to
have
their
right
,
and
vote
in
the
Election
of
a
Romane
King
,
and
his
preferment
to
the
Imperiall
dignity
,
)
should
bee
so
conjoyned
and
indivisibly
united
for
ever
,
that
no
one
part
of
the
premises
,
ought
to
be
so
divided
,
or
separated
from
the
other
,
at
any
time
,
or
may
be
questioned
in
judgement
,
or
out
of
judgement
severally
,
or
adjudged
,
or
divided
by
sentence
,
(
because
they
ought
to
be
unseparable
)
nor
shall
any
lay
a
claime
to
one
part
,
without
the
other
:
That
,
if
by
errour
,
or
otherwise
,
such
a
plaintiffe
have
prevailed
,
or
processe
,
judgement
,
or
sentence
,
or
any
thing
of
the
like
returne
should
issue
forth
against
this
constitution
,
or
otherwise
happen
,
to
be
accepted
,
all
that
which
is
already
done
,
and
all
the
consequents
,
and
things
thence
succeeding
,
shall
be
absolutely
void
in
Law
.
Againe
,
in
the
royall
Capitulation
,
which
is
the
second
fundamentall
Law
of
the
Romane
Empire
,
containing
,
the
articles
,
and
covenants
,
which
the
Electours
by
way
of
contract
,
have
made
with
the
Emperour
,
to
the
religious
observation
whereof
,
by
giving
a
solemne
oath
he
must
binde
himselfe
,
these
things
,
amongst
others
,
are
vowed
,
and
promised
by
his
Imperiall
Majesty
.
That
,
in
the
greater
causes
concerning
the
Empire
,
hee
would
aske
advice
,
and
give
eare
to
the
votes
,
and
opinions
of
the
Electours
,
and
decree
,
and
confirme
nothing
,
without
their
foregoing
lawfull
knowledge
,
and
consent
.
That
,
Hee
would
authorise
no
mandate
,
rescript
,
or
what
ever
else
might
bee
grievous
to
others
,
against
the
golden
Bull
,
and
other
constitutions
,
and
covenants
of
the
Empire
,
nor
would
either
himselfe
make
use
of
any
such
instrument
,
or
suffer
,
that
any
one
,
should
purchase
the
like
,
or
make
use
thereof
.
Also
,
that
if
hee
have
any
controversie
,
or
suite
against
any
of
the
Princes
,
he
shall
try
it
by
law
,
but
use
no
violence
against
them
;
especially
,
who
are
willing
to
stand
,
to
a
lawfull
hearing
.
Also
,
that
hee
will
observe
,
and
hinder
,
and
neither
by
any
meanes
nor
upon
any
pretence
,
grant
,
that
any
of
the
Peeres
,
and
States
,
whether
an
Electour
,
Prince
,
or
other
,
may
be
proscribed
,
condemned
,
and
declared
outlaw'd
,
but
he
will
endeavour
,
that
,
it
may
bee
proceeded
thereon
,
according
to
the
ordinary
rule
of
Law
,
and
the
constitutions
of
the
Empire
,
by
the
prescript
of
the
reformed
chamber
of
ordinances
.
A
clause
is
added
in
the
end
.
That
if
any
thing
should
bee
undertaken
and
done
contrary
to
this
,
and
other
heads
of
the
Capitulation
,
it
ought
to
stand
as
a
nullity
,
to
bee
void
and
of
no
validity
.
Let
all
those
things
be
considered
,
and
examined
,
which
hitherto
have
beene
ordered
,
disposed
,
and
done
,
de
facto
,
in
the
Palatine
cause
,
and
decreed
against
him
,
from
the
beginning
to
this
day
,
and
those
especially
,
which
concernes
the
distribution
of
the
Electorate
,
and
division
of
the
Palatine
Territories
.
Are
not
all
,
and
each
of
them
directly
contrary
to
the
golden
Bull
,
and
the
plaine
prescript
of
the
Capitulation
,
and
laws
?
Is
not
the
Electorall
Palatinate
torne
in
pieces
,
devided
,
and
distracted
,
the
greater
part
,
together
with
the
office
,
being
given
to
the
Bavarian
;
an
other
part
to
the
Spaniard
;
the
rest
ro
others
,
directly
against
the
prohibition
?
Where
,
whether
,
and
when
,
were
the
Electours
called
,
assembled
,
consulted
,
and
gave
their
votes
,
according
to
the
custome
of
their
Ancestours
,
while
these
things
were
done
?
Did
not
the
Saxon
,
and
Brandenburger
constantly
,
and
eagerly
oppose
the
King
Frederickes
proscription
,
the
translation
of
the
Electorate
upon
the
Bavarian
,
and
the
exclusion
of
the
Kings
children
,
and
kinsmen
from
their
right
?
Let
the
suffrages
(
given
up
in
the
Senate
of
Princes
)
in
February
,
anno
1623.
Let
sundry
of
their
letters
,
to
the
Emperour
,
and
their
answers
,
given
to
the
Imperiall
Ambassadours
be
read
.
If
they
are
now
silent
,
it
is
because
they
are
compelled
by
violence
,
and
feare
.
When
the
Electorate
was
translated
,
to
the
Line
of
William
the
Bavarian
,
when
those
constitutions
,
were
forged
,
and
anvil'd
in
a
darke
shop
,
when
the
pacification
betwixt
Caesar
,
and
the
Saxon
,
was
to
be
patched
up
by
Ambassadors
,
at
Prague
,
where
then
were
the
other
Electors
and
States
?
Did
they
then
come
in
?
Were
they
then
present
?
Did
they
then
give
in
their
Votes
,
according
to
the
custome
of
their
Ancestours
?
Did
their
lawfull
consent
,
and
Votes
,
precede
it
?
Were
they
who
were
deprived
of
the
Electorate
,
their
Right
and
States
?
Were
others
,
(
who
were
also
interessed
,
)
cited
,
heard
,
and
defended
?
Was
this
great
negotiation
determined
,
upon
the
hearing
of
the
Cause
,
and
according
to
the
prescribed
Lawe
?
No
such
thing
was
thought
of
,
no
such
thing
done
,
but
the
cognizance
of
the
Electours
,
States
,
and
unsuspected
Peeres
,
was
neglected
,
and
rejected
;
and
all
things
determined
,
by
arbitrement
,
by
affection
,
hatred
,
and
fulnesse
of
power
;
against
justice
,
the
Lawes
,
and
Customes
;
the
Royall
Decrees
,
Covenants
,
and
Capitulations
,
against
the
customary
,
and
due
manner
of
proceeding
;
against
the
absent
,
unheard
,
unaccused
,
guiltlesse
,
plaine
innocents
:
not
in
a
publike
assembly
,
but
privately
,
in
a
chamber
,
and
by
a
secret
Party
,
these
things
were
done
,
spoken
,
decreed
written
and
perfected
.
Hence
,
the
Electors
of
Saxony
&
Brandenburg
,
not
without
cause
,
objected
to
the
Emperour
,
as
by
way
of
exprobration
,
That
in
a
matter
so
waighty
,
and
of
such
moment
,
whereon
the
safety
,
or
ruine
of
the
Sacred
Roman
Empire
(
as
experience
will
witnesse
)
might
depend
,
they
were
not
called
to
Counsell
,
and
heard
,
according
to
the
Rule
of
Capitulation
,
especially
,
when
there
was
a
controversie
,
about
an
Electour
,
a
principall
member
of
the
Empire
:
That
this
businesse
,
concerned
one
of
the
Septemvirate
,
and
the
Electorall
Dignity
;
and
therefore
the
Electours
were
not
to
be
excluded
from
the
cognizance
thereof
.
That
it
is
sufficiently
knowne
,
that
the
case
and
question
betwixt
the
Lord
,
and
his
Vassall
,
when
it
is
controverted
about
the
losse
of
a
Fee
,
according
to
the
common
feodall
Law
,
is
to
be
decided
,
and
judged
by
the
Peeres
of
the
Court
,
who
are
of
equall
dignity
,
and
estimation
with
the
defendant
,
That
,
this
Ordinance
ought
to
bee
better
observed
,
when
any
thing
is
to
bee
determined
against
them
,
who
are
now
Illustrious
,
and
eminent
:
That
by
the
Covenant
of
Capitulation
,
those
who
are
most
intimate
,
and
familiar
Counsellers
to
His
Caesarean
Majesty
,
and
who
might
equalize
(
him
,
that
was
to
be
punished
,
or
deprived
of
His
Priviledges
)
in
State
,
Dignity
,
and
fortune
,
should
have
beene
called
to
Counsell
:
That
they
did
openly
,
and
to
the
face
of
the
world
,
protest
;
that
this
proscription
,
and
the
execution
thereof
,
was
decreed
,
and
promulgated
without
their
counsell
,
and
consent
:
That
an
other
manner
of
proceeding
should
have
been
observed
,
in
this
businesse
:
That
in
the
foresaid
Capitulation
,
it
is
most
plainely
ordered
,
and
decreed
,
that
no
Electour
,
or
other
Prince
of
the
Empire
,
may
,
without
a
full
hearing
,
and
ordinary
proces
,
and
judgement
,
be
proscribed
by
the
Emperour
,
and
proclaimed
an
Outlaw
:
That
they
understood
not
,
by
what
law
,
and
pretence
,
the
Electors
could
bee
excluded
from
advising
,
and
understanding
a
matter
of
such
weight
,
as
might
turne
the
Scale
of
the
safety
,
or
destruction
of
the
Empire
.
And
being
,
that
the
forme
of
a
judiciall
processe
,
is
one
part
of
justice
,
which
cannot
be
administred
better
,
than
by
the
authorized
,
and
prescribed
Lawes
,
it
ought
to
have
been
endeavoured
;
That
the
Count
Palatine
,
might
have
been
heard
before
His
condemnation
,
according
to
the
strict
rule
of
the
Law
,
and
and
the
sacred
Capitulation
;
and
that
therefore
an
ordinary
processe
should
have
beene
issued
out
,
according
to
the
Constitutions
of
the
Imperiall
Chamber
,
and
many
other
circumstances
have
beene
considered
,
before
the
sentence
of
Proscription
had
beene
promulgated
:
And
this
the
rather
,
in
respect
of
the
Count
Palatines
Children
,
Brethren
,
and
neere
kinsmen
;
all
and
each
whereof
,
are
accused
of
no
crime
,
much
lesse
convicted
.
That
the
translation
of
the
Electorate
,
and
the
Dominions
thereunto
annexed
,
are
of
no
lesse
consequence
,
and
prejudice
,
than
the
Proscription
;
and
therefore
of
Right
,
they
ought
to
have
beene
advised
and
consulted
withall
,
in
that
point
,
according
to
the
Decree
of
the
Capitulation
,
and
not
to
entertaine
a
bare
intimation
thereof
,
after
it
was
done
:
That
the
Septemvirate
,
and
Princes
of
the
Empire
,
are
under
His
Imperiall
Majesty
,
but
withall
,
Electors
,
and
States
of
the
Empire
,
and
the
very
pillars
,
and
props
thereof
;
and
therefore
,
it
is
not
to
be
questioned
,
but
that
the
examination
of
this
matter
,
appertained
to
them
:
That
Caesar
would
not
grant
,
and
conveigh
an
Imperiall
Fee
,
or
Towne
,
without
their
advice
,
and
consent
:
How
much
more
needfull
was
it
,
that
Hee
should
have
their
Counsell
,
and
approbation
,
when
the
question
was
made
about
the
translation
of
the
Electorall
Dignity
,
and
such
noble
,
and
Princely
Fees
of
the
Empire
?
That
by
this
processe
,
the
other
Electours
,
Princes
,
and
States
,
might
receive
a
great
,
and
irrecoverable
losse
,
if
themselves
unheard
,
and
the
Electours
not
called
to
Counsell
,
they
,
their
children
,
and
neere
kinsmen
,
without
examination
of
the
cause
,
might
be
deprived
,
and
spoiled
of
their
states
and
dignities
entayled
upon
them
,
and
all
these
transferred
to
strangers
,
by
arbitrement
.
That
by
this
meanes
,
an
Electour
,
or
Prince
of
the
Empire
,
would
be
of
a
more
unhappy
condition
,
than
any
ordinary
noble
personage
of
Poland
,
because
,
that
he
cannot
be
proscribed
,
but
in
a
full
Parliament
.
That
the
estimation
,
and
prerogative
,
by
which
the
Electors
have
beene
hitherto
,
of
eminent
note
,
within
,
and
without
the
Empire
,
would
grow
of
small
account
,
and
that
they
,
who
formerly
,
in
their
presence
durst
not
put
on
their
hatts
,
might
hereafter
make
a
question
,
whether
,
they
ought
to
stand
uncovered
before
them
.
If
the
Electours
ought
not
to
be
consulted
with
,
and
know
,
when
any
Electour
is
to
be
proscribed
,
that
then
indeed
,
they
could
not
understand
in
what
the
prerogative
,
and
authority
of
the
Electors
doth
consist
,
or
(
the
name
onely
excepted
)
what
difference
there
can
be
,
betwixt
them
,
and
the
minor
Princes
of
the
Empire
;
nor
,
how
they
may
be
secured
from
the
danger
,
and
prejudice
to
which
themselves
might
be
lyable
by
this
manner
of
proceeding
;
that
the
proscription
of
the
Prince
,
with
the
following
execution
,
and
the
ensuing
translation
of
the
Electorate
,
(
which
ought
not
to
have
been
without
their
advice
,
counsell
,
and
consent
)
was
done
without
their
knowledge
;
that
the
Electors
,
and
Princes
ought
not
to
be
of
a
more
unhappy
condition
,
especially
in
regard
of
condemnation
,
and
punishment
,
than
the
meanest
sort
of
men
,
against
whom
,
unheard
,
and
uncited
,
there
can
bee
no
proceeding
,
or
sentence
of
condemnation
pronounced
,
though
their
crimes
be
most
notorious
.
All
these
arguments
,
which
wee
have
touched
by
way
of
Collection
,
following
the
heads
of
things
,
and
but
a
relish
of
;
both
those
Electors
,
of
most
renowned
and
eminent
authority
and
estimation
;
who
out
of
their
owne
knowledge
,
have
testified
,
and
in
their
publike
writings
,
and
letters
;
in
their
speeches
in
open
Parliament
;
by
most
ample
Embassies
;
have
very
often
,
and
more
than
sufficiently
written
and
declared
.
And
it
is
apparent
from
those
things
,
though
but
related
,
upon
what
foundation
of
trueth
,
and
credit
,
those
things
are
built
,
which
were
formerly
urged
out
of
the
Author
De
Septemviratu
in
Ducem
Bavariae
optimo
jure
translato
;
and
what
is
to
bee
thought
of
the
translation
of
the
Electorate
;
done
so
privately
,
without
the
required
solemnities
,
and
the
lawfull
advice
of
the
Electors
assembled
.
But
of
this
argument
,
there
will
be
a
more
convenient
place
,
to
speake
hereafter
.
It
shall
now
suffice
,
to
bring
in
this
conclusion
,
out
of
those
premises
;
that
all
those
Dispositions
,
Decrees
,
Covenants
,
Sentences
and
Executions
,
are
of
no
force
in
Law
,
but
void
,
unjust
,
and
of
no
consequence
,
or
effect
;
as
the
Law
,
and
Iustice
doe
pronounce
them
.
l.
Si
expresse
19.
D.
de
appellationibus
&
relationibus
.
where
it
is
said
,
That
the
sentence
is
not
to
be
pronounced
if
it
be
made
directly
against
the
Lawes
or
a
Decree
of
the
Senate
,
or
Constitution
.
Therefore
,
if
any
man
shall
appeale
from
such
sentence
and
be
discharged
by
decree
,
the
sentence
is
made
of
no
force
by
that
ordinance
.
c.
18.
de
regul
in
6.
l.
ex
stipendatione
.
l.
probatam
a
praeside
.
c.
de
sont
,
&
inte
locut
,
Novel
113.
And
againe
,
it
is
to
be
observed
,
that
the
agreements
,
and
covenants
of
private
men
,
cannot
derogate
from
the
publike
right
,
the
lawes
,
and
constitutions
of
the
Common-weale
.
l.
nec
ex
praetorio
,
nec
ex
solemni
jure
privatorum
conventione
quicquam
immutandum
est
.
27.
&
l.
neque
pignus
.
§
privatorum
conventio
jur
publico
non
derogat
.
F.
de
regulis
juris
.
l.
juris
gentium
.
7.
§.
16.
ibi
.
pactum
a
iure
communi
remotum
servari
non
oportet
.
&
l.
contra
iuris
civilis
regulas
pacta
conventa
rata
non
habentur
.
28.
&
l.
ius
publicum
privatorum
pactis
mutari
non
potest
.
55.
D.
de
Administr
.
rerum
ad
civitat
.
l.
nemo
potest
.
55.
D.
de
legat.
1.
l.
pacta
quae
contra
leges
constitutionesque
vel
contra
bonos
mores
siunt
nullam
vim
habere
indubitati
juris
est
.
6.
c.
de
pactis
.
M●re
,
no
rescript
of
Caesars
,
no
royall
decree
,
no
sacred
observation
,
which
appeare
contrary
to
the
generall
rule
of
the
law
,
are
of
any
validitie
,
nor
may
be
produced
as
proofes
in
a
controversie
,
thus
the
Emperour
Anastatius
hath
decreed
,
l.
ultima
c.
si
contra
jus
vel
utilitatem
publicam
.
Besides
,
those
dispositions
were
concluded
against
faith
,
and
caution
given
;
meerely
to
deceive
them
,
to
whom
the
promise
was
made
,
as
is
abovesaid
;
where
it
is
shewed
that
Caesar
,
and
the
Bavarian
Lad
religiously
and
often
promised
,
and
warranted
,
that
the
Electorall
dignitie
,
was
conferred
upon
Maximilian
alone
,
and
to
him
too
,
only
,
for
tearme
of
life
,
and
that
,
after
his
death
,
the
children
,
and
kindred
of
King
Fredericke
,
were
againe
to
be
admitted
.
Moreover
,
they
whom
it
concerned
,
and
which
were
grieved
,
were
not
called
,
and
impleaded
,
as
wee
have
heard
;
for
in
acts
that
may
bee
prejudiciall
,
all
whom
it
concernes
ought
to
bee
cited
.
For
so
Divus
Marcus
l.
39.
ibi
.
They
also
being
present
,
that
would
oppose
the
decree
,
that
is
,
might
bee
grieved
by
the
ratification
.
D.
de
adoption
.
where
Gothofredus
giveth
this
rule
,
Hee
is
alwayes
to
be
cited
that
may
bee
injured
.
l.
47.
Iudgement
in
every
matter
ought
to
be
given
they
being
present
,
whom
the
matter
concernes
.
D.
de
rejudicat
.
l.
etiamsi
Patre
.
29.9
.
si
haere
litate
Patris
.
2.
ibi
.
non
evocatis
creditoribus
minime
id
praeiudicasse
.
D.
de
minoribus
Ioachimus
a
Beust
.
in
l.
admonendi●n
.
796.
D.
de
jurejurando
B●t
,
whatsoever
is
ordered
,
decreed
,
●one
,
and
concluded
against
the
absent
is
nothing
l.
si
ut
proponis
.
5.
ibi
.
What
is
so
carried
against
thee
,
in
thy
absen
e
,
ought
not
to
be
referred
to
the
effect
of
the
law
.
&
l.
ea
quae
statuuntur
adversus
absentes
.
c.
Quomodo
&
quando
Index
sentent
.
When
,
saith
Symmachus
,
in
a
certaine
epistle
,
did
things
concluded
of
amongst
others
,
wrong
those
which
were
absent
and
ignorant
?
L.
1.
ibi
.
It
is
often
decreed
,
That
matters
passed
in
private
for
the
one
partie
,
can
doe
no
prejudice
to
the
other
.
And
l.
2.
ibi
.
This
law
is
notoriously
knowne
,
that
a
transaction
made
amongst
some
in
private
cannot
prejudice
the
absent
,
&
ibi
.
For
neither
,
though
they
have
made
a
division
in
thy
absence
can
it
derogate
from
thy
right
.
c.
Inter
alios
acta
,
aliis
non
noceret
.
argt
.
l.
transact
.
matris
.
26.
c.
de
transact
.
&
l.
Imp.
3.
ibi
.
Privatis
pactionibus
non
dubium
est
non
laedi
jus
caeterorum
.
D.
eodem
.
Lastly
,
all
these
acts
were
drawne
up
,
against
such
as
were
then
in
their
Minoritie
,
undefended
,
unheard
,
fatherlesse
Orphans
,
and
whose
title
came
by
atchievement
.
For
when
those
contracts
betweene
the
Bavarian
and
Caesar
were
made
,
and
the
Covenants
of
Prague
were
peeced
,
Charles
Lodowicke
was
yet
as
a
ward
as
the
rest
of
his
brethren
are
at
this
present
day
.
He
alone
had
then
attained
the
age
of
18.
yeeres
,
the
time
prescribed
by
the
Golden
Bull
,
for
the
full
age
of
the
Electors
children
.
But
the
Emperours
affirme
,
that
whatsoever
is
decreed
against
an
Orphane
,
he
is
undefended
,
&
under
protection
of
a
Guardian
it
cannot
endamage
him
at
his
riper
yeeres
.
1.
acta
apud
se
.
45.
§
.
contra
indefensos
minores
nulla
sententia
proferenda
est
.
3.
&
l.
contra
pupillum
indesensum
,
vel
minorem
xxv
.
annis
,
propositum
nihil
momenti
habet
,
which
in
English
runneth
thus
,
Against
Orphans
undefended
,
or
under
the
age
of
25.
yeeres
,
a
peremptory
sentence
is
of
no
validitie
.
54
D.
de
reiudicata
.
No
man
,
(
to
use
the
Civilians
Language
)
can
bee
deprived
of
an
atchieved
right
,
no
,
not
by
Caesar
using
all
his
royall
prerogative
.
To
take
any
thing
from
another
violently
,
is
more
against
nature
,
than
Death
,
than
paine
,
than
povertie
,
or
what
else
may
happen
to
the
estate
of
the
body
,
or
of
Fortune
.
Cicer.
lib.
3.
Offic.
But
concerning
the
confirmation
,
and
approbation
of
those
Disposals
,
it
is
to
be
understood
.
First
,
that
a
contract
against
the
allowed
customes
,
lawes
and
liberties
,
is
a
nullitie
,
nor
can
be
confirmed
,
ratified
,
or
allowed
.
Secondly
,
that
the
approving
thereof
by
the
states
(
which
is
yet
uncertaine
,
whether
so
or
no
)
is
unlawfull
,
and
of
no
validitie
;
because
they
were
not
present
,
nor
called
,
and
assembled
together
,
that
the
cause
being
first
heard
,
they
might
then
give
their
consents
:
and
if
any
did
so
,
and
suffragated
to
Caesars
propositions
,
they
did
it
severally
,
and
apart
,
which
by
law
ought
not
to
bee
done
.
l.
item
si
unut.
17.
§
item
si
plures
.
2.
and
l
non
distinguemns
.
32.
§
.
Cum
in
plures
.
ibi
.
Non
deb●t
singulos
separatim
coge●e
.
D.
de
receptis
qui
arbitrium
.
c.
cum
omnes
.
Extra
.
de
consit
.
de
constit
.
Hieronym
.
a
Cavellis
in
spicul
.
Co●…●un
opin.
quaest.
476.
Anton.
Faber
.
in
Cod.
Decision
.
foren
.
lib.
1.
tit.
3.
definit
.
42.
where
he
sheweth
,
that
It
is
not
to
be
reputed
a
generall
Act
,
which
is
done
by
particular
persons
,
though
done
by
all
,
if
they
be
not
assembled
into
one
Company
.
and
Flamin
.
de
Rubeis
consil.
69.
n.
220.
lib.
1.
saith
,
the
Record
is
of
no
power
though
all
the
parties
consent
,
if
they
agree
severally
,
and
the
severall
persons
are
not
lawfully
congregated
.
Besides
,
most
of
the
Princes
,
especially
the
Protestants
which
assented
to
the
treaty
of
Prague
,
were
enforced
thereunto
,
and
constrained
by
feare
,
menaces
,
armes
and
peremptorie
Commands
to
approve
it
,
if
not
they
had
bin
proclaimed
open
enemies
,
as
it
is
expressed
in
the
register
:
but
the
law
teacheth
what
ought
to
bee
thought
of
such
consents
,
and
allowance
.
See
l.
velle
non
creditur
.
D.
de
regulis
iuris
.
and
there
Decium
,
&
Dol.
ibi
.
Necessitas
imposita
contraria
voluntati
.
D.
quod
metus
causa
.
Cuiac
.
observ.
ult.
lib.
16.
Whatsoever
is
extorted
and
done
by
feare
;
is
accounted
as
nothing
,
and
cannot
bee
ratified
.
D.
Quod
metus
causa
.
l.
si
donationis
.
7.
and
l.
ult.
c.
de
his
quae
vi
metusve
causa
gesta
sunt
.
where
it
is
concluded
,
ratum
haberi
non
patietur
&
quae
per
potentiam
extorta
sunt
,
praecipimus
infirmari
,
in
English
thus
,
it
must
not
be
permitted
,
that
such
a
conclusion
may
bee
ratified
,
and
we
command
,
that
whatsoever
is
wrested
away
violently
,
shall
not
be
authorized
.
Bartol
in
lib.
1.
§
.
quae
veneranda
in
sin
.
D.
Quarum
rerum
actio
non
.
datur
,
&
de
except
.
iurisiurand
.
In
fine
,
it
is
not
to
bee
said
,
and
concluded
instantly
,
that
all
they
,
which
complyed
themselves
to
the
treaty
of
Prague
,
did
allow
,
and
ratifie
all
,
and
the
severall
articles
in
that
sense
,
as
it
is
there
expressed
,
and
in
particular
those
Disposals
of
the
Palatine
Electorate
,
there
mentioned
,
they
being
such
,
as
never
came
to
their
knowledge
.
Surely
some
,
and
amongst
them
the
Elector
of
Brandenburg
,
consented
with
an
expresse
reservation
,
&
exception
,
either
generall
salvo
uniuscuiusque
iure
,
saving
every
mans
right
,
or
specialty
as
the
same
Elector
hath
done
in
this
Palatine
cause
.
And
the
rest
are
thought
to
have
subscribed
under
the
same
secret
condition
:
For
this
clause
,
Salvo
iure
tertii
,
though
it
be
omitted
,
is
alwayes
notwithstanding
conceived
to
be
included
in
the
writings
.
d.
l
ult.
c.
si
contraius
vel
utilitat
.
public
.
1.
si
quando
§
ult.
x.
de
rescriptis
c.
super
eo
.
x.
de
crim
.
fals.
For
none
of
them
would
seeme
so
uniust
and
partiall
,
knowingly
to
confirme
an
uniust
thing
,
and
a
nullitie
,
by
their
consent
,
and
require
,
that
he
should
be
deprived
of
his
right
,
whom
they
were
perswaded
,
and
knew
to
be
an
Innocent
and
much
wronged
.
Nor
is
it
sufficient
,
to
say
,
that
those
Disposals
were
confirmed
by
the
Princes
of
the
Empire
,
unlesse
that
also
it
be
openly
shewed
,
that
the
confirmation
was
made
with
knowledge
of
the
cause
.
For
,
this
is
necessary
,
saith
Nicolaus
Burgundus
in
his
booke
of
the
Bavarian
Electorate
,
written
in
defense
of
Christophorus
Gewoldus
,
fol.
284.
that
any
one
may
be
thrust
out
of
his
possession
;
nor
doth
a
light
,
cursorie
,
and
perfunctorie
understanding
of
the
cause
suffice
.
A
full
and
exact
knowledge
is
required
,
allegat
.
Iason
.
ad
l.
iudices
.
n.
2.
&
3.
c.
de
iudic
.
Decius
ad
l.
non
videtur
.
§
qui
iussit
.
D.
de
.
reg.
juris
.
And
this
kind
is
not
presupposed
,
but
is
to
be
prooved
by
lawfull
witnesses
,
or
ought
to
appeare
out
of
the
Acts
,
as
the
same
Burgundus
in
the
same
place
affirmeth
,
adding
Panor
.
ad
c.
2.
n.
8.
&
22.
de
sequest
.
posses
.
Alciat
.
de
praesump
regul
.
2.
praesum
.
9.
Menochius
remed
.
recuper
.
8.
n.
26.
&
27.
&
15.
n.
405.
&
lib.
2.
praesumpt
.
67.
n.
12.
13.
&
praesumpt.
75
n.
22.
l.
judices
.
c.
6.
de
iudiciis
desumpta
ex
codice
Theodosian
.
lib.
2.
c.
18.
ibid.
inprimis
rei
qualitatem
plena
inquistione
discutere
c.
iudicantem
.
31.
quest.
8.
I
forbeare
to
prosecute
,
and
bring
to
light
the
other
Nullities
,
and
acts
of
violence
and
injustice
,
committed
in
framing
those
disposals
,
and
the
Covenants
of
Prague
,
for
translation
of
the
Electorate
.
I
shall
here
,
only
by
way
of
imitation
,
transcribe
some
things
making
for
this
purpose
,
out
of
that
book
formerly
quoted
,
which
Nicolaus
Burgundus
,
a
Lawyer
,
Bavarian
Advocate
,
and
Professor
in
the
Vniversity
of
Ingolstad
,
wrote
concerning
the
Bavarian
Septemvirate
,
otherwise
called
the
Apologie
for
Christopher
Gewoldus
.
For
what
was
lawfull
for
him
to
speake
and
thinke
,
of
the
Decree
of
Charles
the
4th
.
by
which
it
is
declared
,
and
ordained
,
That
the
Electorate
should
be
annexed
to
the
Countie
Palatine
of
the
Rhyne
,
and
not
belong
to
the
Bavarians
:
That
we
may
speake
,
and
conclude
more
truly
,
and
justly
,
of
those
new
,
clandestine
,
and
irregular
Decrees
of
Ferdinand
the
second
,
and
the
Treaty
of
Prague
.
Wilt
thou
(
saith
he
fol.
78
)
have
this
stand
for
the
sentence
of
a
Iudge
?
It
can
not
be
called
so
,
where
nothing
is
done
orderly
and
legally
.
Ought
not
a
Court
to
be
called
,
and
the
case
pleaded
,
before
sentence
should
be
given
?
Here
was
no
examination
,
here
was
no
controversie
at
all
.
The
examination
begins
with
the
Citation
,
if
the
Adversary
be
not
called
,
there
is
no
examination
:
Where
there
hath
been
no
examination
,
there
is
no
sentence
.
Who
ever
warned
Charles
Lodowicke
and
His
brethren
to
appeare
in
Law
?
It
is
apparent
,
they
were
not
present
,
therefore
the
sentence
fol.
79.
is
utterly
voyd
,
because
it
was
pronounced
,
the
Adversaries
being
neither
cited
,
nor
heard
,
l.
2.
&
ibid.
Bald.
c.
si
.
per
vim
.
vel
alio
modo
l.
1.
5.
item
cum
ex
edicto
.
D.
de
sentent
.
quae
sine
appellat
rescind
.
And
consequently
,
by
that
sentence
,
no
man
can
be
deprived
of
his
right
.
c.
1.
defeud
.
sine
culpa
non
amittend
.
Anchor
.
conf.
33.
vol.
1.
Perhaps
,
you
will
say
,
It
was
lawfull
for
the
Emperour
,
ex
officio
,
to
enquire
for
the
trueth
:
It
is
done
usually
in
cases
criminall
,
but
not
used
in
private
businesses
.
And
yet
by
such
inquiry
,
he
could
not
condemne
the
Palatines
,
without
a
lawfull
Citation
;
because
,
an
hurtfull
testimony
is
not
to
be
credited
,
the
party
not
being
heard
,
elem
.
Pastor
.
de
rejudicat
.
Roman
.
consil
.
245.
Many
things
,
indeed
are
required
,
before
the
absent
can
be
condemned
,
and
thrust
from
his
possession
.
He
is
first
to
be
impleaded
at
the
Law
,
the
Decree
is
to
be
published
,
and
he
to
be
declared
contumacious
:
otherwise
,
by
the
Lawes
,
Customes
,
and
Ordinances
of
our
Ancestours
,
it
is
not
rightly
brought
to
sentence
,
though
the
Emperour
himselfe
adjudge
it
.
d.
elem
.
Pastoral
.
Abbas
ad
c.
1.
de
caus
propriat
&
posses
.
Baldus
ad
l.
ultim
.
de
legib.
If
you
shall
speake
of
a
Prerogative
fol.
83.
you
ought
to
know
,
that
the
Emperour
,
with
all
his
authority
,
cannot
by
his
Prerogative
,
take
away
any
mans
proper
right
,
without
a
just
and
publike
cause
.
What
was
the
just
cause
,
that
the
Electorate
should
be
violently
plucked
away
from
the
Palatines
?
None
.
What
was
the
publike
cause
?
None
.
The
whole
negotiation
,
tended
particularly
for
the
advancement
of
the
Bavarians
.
The
whole
Scene
was
made
and
laid
meerely
for
their
advantage
.
What
remaines
therefore
,
but
that
we
may
call
that
praerogative
a
nullity
,
which
doth
tend
to
the
injury
of
the
Palatines
;
which
contrary
to
the
rule
of
the
Law
,
doth
snatch
away
the
Palatines
right
,
and
thrust
them
from
their
possession
?
But
you
will
say
,
fol.
94.
the
Emperour
and
the
Electours
,
and
the
States
of
the
Empire
,
have
confirmed
it
.
I
grant
it
.
But
what
is
the
power
of
a
confirmation
?
If
we
beleeve
those
who
are
learned
in
the
Law
,
it
confirreth
no
new
Title
,
but
only
strengtheneth
that
which
is
already
given
,
Molinaeus
ad
consuet
.
Parisi
.
titulo
.
1.
§.
8.
gloss
.
1.
n.
88.
and
implies
withall
,
this
condition
,
If
the
case
be
thus
;
Molinaeus
loco
●tat
.
Rebuff
.
tractat
.
de
decim
.
13.
n.
90.
91.
But
surely
,
you
have
no
Charter
,
and
therefore
the
confirmation
is
vain
,
and
frivolous
.
For
where
that
which
is
confirmed
,
is
nothing
,
there
the
confirmation
is
nothing
also
:
for
that
which
is
of
no
validity
,
is
accounted
,
as
if
it
had
not
been
done
at
all
l.
1.
§
haec
autem
D.
quod
quisq
.
ius
in
alter
.
stat.
And
what
is
not
,
cannot
be
confirmed
.
Thus
farre
I
have
spoken
in
the
words
of
Burgundus
,
save
onely
,
that
the
name
of
the
Palatines
,
is
used
in
stead
of
the
Bavarians
.
But
,
if
it
be
lawfull
for
the
Bavarians
,
to
oppose
the
disposall
of
the
Emperour
Charles
the
4th
.
for
setling
the
Palatine
Electorate
,
and
the
golden
Bull
,
confirmed
by
all
the
Princes
of
the
Empire
,
and
by
three
ages
observed
,
and
established
,
and
to
account
it
as
a
nullity
in
that
behalfe
,
and
to
say
it
was
wrested
,
and
gotten
surreptitiously
,
and
fraudulently
;
and
made
by
the
Emperour
,
in
two
much
favour
of
the
Palatines
,
and
hate
of
the
Bavarians
,
that
he
might
oppresse
them
,
under
a
shew
of
Law
:
Why
may
it
not
now
be
lawfull
,
for
the
Palatines
,
by
the
same
ground
,
and
reason
,
to
refute
,
and
call
,
by
the
name
of
a
Nullity
,
that
disposition
of
Ferdinand
,
concerning
the
granted
Electorate
,
to
the
Bavarians
,
and
those
written
Covenants
of
Prague
,
confirming
and
allowing
it
,
made
,
and
patched
up
together
out
of
hate
against
the
Palatines
,
whose
oppression
,
under
colour
,
and
pretence
of
Law
,
Caesar
,
and
the
Bavarian
did
endeavour
to
hasten
,
that
they
might
the
more
easily
attaine
to
their
owne
ends
?
Burgundus
saies
further
of
the
Emperour
Charles
,
fol.
63.
that
hee
was
in
all
things
respective
of
the
Palatines
,
and
displeased
with
the
Bavarians
,
and
therefore
having
excluded
these
last
,
he
gave
,
and
adjudged
the
Electorate
to
the
former
;
what
wonder
?
for
he
joyned
in
Armes
with
Rupertus
the
Palatine
,
for
the
ruine
of
the
Bavarians
.
Henricus
Rebdorff
in
annal
.
and
afterwards
miserably
spoyled
all
Bavaria
.
When
therefore
hee
would
give
way
to
his
owne
desire
,
while
he
sought
to
please
his
owne
affection
,
foming
with
a
most
burning
hatred
against
the
Bavarians
,
he
greedily
snatcheth
at
that
occasion
,
agreeing
with
his
Genios
,
that
hee
might
take
vengeance
of
his
enemies
,
and
keepe
them
(
unable
to
resist
him
)
below
the
dignity
of
their
Ancestours
.
And
not
much
after
fol.
72.
these
things
being
thus
ordered
,
when
the
Electors
were
preposessed
,
when
Rupert
the
Count
Palatine
,
did
flourish
in
most
eminent
grace
,
when
the
Bavarians
were
involved
in
the
doubtfull
hazard
of
warre
;
briefely
,
when
all
things
were
brought
to
that
passe
,
that
the
Bavarians
were
accounted
as
enemies
,
and
the
Palatine
stood
as
a
favourite
:
Rupertus
the
Count
Palatine
,
in
the
yeare
1356.
in
the
Diet
at
Norinberg
,
obtained
a
Charter
of
Letters
patents
,
by
which
the
Electours
affirme
the
office
of
Arch-Sewer
,
and
the
Electorate
,
to
be
annexed
to
the
Countie
Palatine
of
the
Rhine
.
Surely
,
nothing
at
that
time
was
more
easie
to
be
obtained
than
that
.
Hee
had
the
Emperour
of
his
party
,
and
the
Emperour
drew
all
the
Electours
unto
his
sentence
;
for
they
all
subscribed
,
according
to
the
forme
which
Charles
had
prescribed
them
.
They
had
severally
concluded
,
what
they
ought
all
joyntly
to
have
questioned
fol.
232.
You
were
better
not
speake
of
Charles
the
4th
and
his
Bull
:
we
know
,
we
know
what
he
intended
;
and
now
all
men
know
,
that
we
know
it
.
Hee
sacrificed
unto
his
wrath
against
all
law
and
right
,
against
the
customes
of
our
Ancestours
;
he
endeavoured
to
conferre
the
Electorate
upon
the
Palatines
,
whom
hee
loved
most
dearely
,
that
he
might
snatch
it
from
the
Bavarians
,
whom
he
hated
most
deadly
.
This
is
that
he
would
have
,
this
is
that
hee
intended
,
and
aymed
at
;
and
how
he
might
attaine
unto
this
end
,
hee
summoned
all
his
wits
together
.
Speake
now
fol.
298.
what
,
as
much
,
and
as
eloquently
as
you
can
;
yet
this
is
our
Iewell
,
which
Otho
the
third
set
into
Bavaria
;
by
him
we
came
into
possession
,
and
upon
him
we
rest
.
Charles
the
fourth
laboured
in
vaine
to
take
it
thence
,
what
ever
he
did
,
he
could
effect
nothing
.
It
stood
secure
,
and
immoved
above
the
top
of
power
,
the
supreame
hand
of
puissance
could
not
reach
thither
,
nothing
was
done
lawfully
,
nothing
orderly
,
nothing
solemnely
.
It
was
no
judiciary
sentence
,
but
violence
.
He
cast
out
the
Bavarians
by
extreame
injury
;
that
,
against
all
right
he
might
bring
in
the
Palatines
.
Your
beginning
is
wicked
,
the
proceeding
unjust
,
and
to
conclude
,
the
whole
possession
vitious
.
Thus
farre
he
.
But
now
,
as
before
is
done
,
place
onely
the
Palatines
,
and
the
Palatinate
for
the
Bavarians
,
and
Bavaria
;
Maximilian
Duke
of
Bavaria
,
for
Rupertus
;
Ferdinand
,
for
Charles
:
the
dispositions
of
the
Electorate
,
and
the
treaty
of
Prague
,
for
the
golden
Bull
;
the
Diet
of
Ratisbone
,
for
that
●t
Norimberg
;
you
will
say
(
the
persons
onely
being
changed
)
the
same
play
is
acted
at
this
day
,
which
is
feigned
by
Burgundus
,
to
have
beene
acted
lnog
since
,
and
was
first
shewed
upon
the
stage
,
by
Christopherus
Gewaldus
,
by
an
artificially
contrived
tale
.
These
were
the
first
which
stood
up
,
as
the
chiefe
patrons
of
the
Bavarian
cause
,
who
have
not
feared
to
oppose
,
and
accuse
of
falsitie
,
and
nullity
,
the
sacred
,
and
for
so
many
ages
inviolate
,
authority
of
the
golden
Bull.
But
if
it
bee
lawfull
,
for
private
men
to
vilefie
,
and
make
voide
the
most
sacred
decrees
,
the
wisest
ordinances
,
of
our
Ancestours
the
continuall
custome
observed
by
so
many
Ages
,
allowed
,
confirmed
,
and
sealed
with
the
imprinted
seales
of
the
Emperours
,
and
Electours
:
I
will
not
say
what
confidence
,
but
what
hope
of
setling
the
state
remaines
?
What
can
be
safe
,
just
,
and
inviolable
in
the
common
society
of
men
,
in
the
succession
,
and
possession
of
dignities
,
and
offices
?
woefull
experience
doth
testifie
,
what
miseries
have
attended
this
opposall
of
the
golden
Bull
,
and
usurpation
of
the
Palatine
Electorate
:
In
one
word
,
deadly
warre
,
cruell
slaughter
,
horrid
proscriptions
,
and
the
most
to
bee
lamented
,
distraction
of
the
whole
Empire
,
the
chiefe
and
principall
cause
of
this
continued
,
and
renewed
mortall
warre
,
being
,
the
snatching
away
of
the
Electorall
dignity
,
which
the
most
illustrious
Electors
,
of
Saxony
,
and
Brandenburg
,
foresaw
immediately
,
and
foretold
from
the
beginni
g
:
They
affirmed
,
that
the
translation
of
the
Electorate
,
was
not
a
meanes
to
stay
the
warre
,
but
rather
an
occasion
which
might
produce
,
and
raise
more
bitternes
of
mind
schisme
and
division
among
the
Princes
,
and
the
universall
distraction
and
desolation
of
the
Empire
;
that
therefore
they
thought
it
needfull
,
that
the
Count
Palatine
should
be
restored
;
that
a
secure
and
true
peace
might
be
setled
,
that
by
rigour
there
could
bee
no
course
taken
for
the
safety
of
the
Republique
;
which
by
that
meanes
was
rather
drawne
into
danger
and
involved
in
a
perpetuall
warre
.
Againe
,
that
they
adiudged
the
translation
of
the
Electorate
,
to
be
the
principall
cause
of
these
troubles
and
warre
;
because
the
children
of
the
Count
Palatine
,
in
regard
of
their
knowne
innocency
,
might
by
no
meanes
be
excluded
from
their
dignity
,
and
dominions
,
those
especially
,
who
before
the
pretended
cryme
of
the
Father
had
obtained
the
priviledges
atchieved
by
the
providence
and
covenant
of
their
forefathers
in
the
Electorall
Palatinate
Besides
,
that
their
neerest
kinsmen
of
blood
(
to
whom
the
right
of
atchivement
did
likewise
appertaine
,
by
the
simultaneous
Investiture
)
were
wronged
,
and
deprived
of
their
right
.
The
same
most
Illustrious
Princes
,
have
more
then
on
e
,
and
againe
complained
openly
,
that
their
good
,
peaceable
counsels
were
not
hearkned
unto
,
but
that
those
meanes
were
undertaken
,
which
in
deede
were
causes
of
more
stirs
commotion
and
enmity
;
for
experience
it selfe
plainely
shewing
that
the
state
did
still
grow
worse
,
in
regard
that
those
courses
,
(
from
which
they
had
used
all
arguments
of
disswasion
,
as
being
the
seeds
of
discord
were
neverthelesse
preferred
,
and
put
into
execution
with
all
vehemency
of
spirit
.
Besides
,
not
onely
both
those
Electours
by
their
owne
Ambassadours
,
but
also
the
rest
of
their
colleagues
,
and
the
other
Princes
which
were
present
at
Ratisbone
,
in
the
yeare
1623
,
when
Caesar
was
about
to
have
confirmed
the
Electorall
dignity
upon
the
Bavarian
,
by
a
generall
consent
testified
,
that
King
Frederick
was
not
the
incendiary
,
and
architect
of
the
stirres
in
the
Empire
,
themselves
affirming
it
,
in
these
words
.
That
the
Count
Palatine
is
a
young
Prince
,
who
being
seduced
by
others
,
knowes
not
how
to
advise
himselfe
:
and
againe
,
that
hee
was
not
the
authour
and
beginner
of
those
commotions
in
Bohemia
,
but
that
they
had
their
beginning
,
and
proceedings
before
he
was
ingaged
therein
.
But
,
it
is
much
to
be
admired
at
,
and
lamented
,
(
that
I
may
not
say
it
is
worthy
of
blame
,
and
reproofe
)
that
the
Emperour
,
and
Electours
for
so
many
yeares
,
and
in
so
many
sundry
Parliaments
,
and
in
these
two
last
kept
at
Ratisbone
,
in
the
yeares
1630
,
and
1636.
neglected
to
hearken
to
the
demands
of
the
King
of
great
Brittaine
,
and
by
the
granted
and
decreed
restitution
of
the
Palatinate
upon
reasonable
termes
,
to
restore
peace
to
the
Empire
,
and
their
Countrey
,
so
shaken
with
civill
dissention
,
and
warre
.
How
can
they
excuse
it
before
God
and
men
,
of
this
present
and
the
ensuing
ages
?
Had
they
not
causes
weighty
,
and
urgent
enough
;
to
move
them
to
preferre
peace
before
warre
,
that
those
tumults
being
quieted
,
and
some
personages
restored
to
their
former
estates
and
fortunes
,
they
might
settle
themselves
,
and
the
whole
Empire
,
in
the
tranquillity
,
safety
,
security
,
and
honour
?
Ought
not
,
both
the
present
common
calamities
of
the
Christian
Commonweale
,
and
other
neere
approaching
,
stirre
and
rouse
them
up
?
ought
not
the
mournefull
cryes
,
intermingled
with
teares
,
of
their
wasted
,
and
desolate
Country
,
move
them
,
and
pricke
them
forward
,
to
an
intimate
commiseration
?
They
might
have
learned
,
by
the
events
,
and
instructions
of
so
many
yeeres
,
that
the
safety
,
liberty
,
Honour
,
and
quiet
of
the
Commonweale
,
was
contained
in
that
restitution
,
and
the
Decree
for
forgetfulnesse
:
but
contrarily
,
that
by
the
expulsion
,
and
oppression
,
of
the
most
Illustrious
Electorall
Palatine
House
;
this
woefull
warre
was
not
only
,
not
extenuated
and
abated
,
but
grown
more
grievous
,
and
raised
to
such
a
flame
,
that
thereby
all
Germany
is
set
on
fire
,
and
the
neighbouring
people
and
nations
are
scorched
.
What
fruit
hath
this
continuation
of
the
warre
brought
forth
?
What
profit
and
power
hath
thereby
accrued
to
the
Common-weale
,
it
is
knowne
to
the
world
:
and
the
Victories
themselves
,
must
needs
confesse
,
what
small
profit
they
have
gotten
by
their
victories
;
to
wit
,
that
they
were
never
the
more
secure
,
but
have
received
more
losse
,
and
trouble
;
more
ignominie
,
and
hatred
,
than
profit
,
praise
,
and
authority
.
Nor
is
it
to
be
doubted
,
but
that
greater
mischiefes
and
inconveniences
may
ensue
,
if
they
shall
suffer
these
discords
,
and
raging
warres
,
to
abide
in
their
strength
but
little
longer
.
For
it
is
not
probable
,
that
those
princes
who
have
bin
disvested
of
their
estates
,
driven
into
exile
,
and
brought
to
the
point
of
dispaire
,
will
ever
be
quiet
,
as
long
as
they
can
expect
any
reliefe
,
or
helpe
elsewhere
;
nay
,
they
will
leave
no
stone
unmoved
,
no
meanes
unassayed
,
but
as
it
is
in
the
proverbe
,
will
move
both
Heaven
and
Hell
;
and
to
conclude
,
like
the
Serpents
,
whose
head
being
bruised
,
doe
last
of
all
threaten
with
their
taile
;
will
leave
no
thing
unattempted
,
wherby
they
may
be
inabled
to
returne
into
their
Countrey
,
and
recover
their
lost
estates
.
And
this
certainely
will
bring
with
it
most
strange
,
and
dangerous
changes
of
state
,
minister
fuell
to
a
perpetuall
warre
,
torment
and
terrifie
the
Princes
of
the
Empire
with
continuall
feare
,
and
at
last
,
hasten
the
utter
ruine
,
and
destruction
of
the
Commonweale
.
Besides
,
the
forraigners
,
which
either
would
abate
the
puissance
,
and
authority
of
the
Caesarean
Majestie
,
and
the
house
of
Austria
,
the
foundations
whereof
are
thought
to
be
laid
in
Germany
,
seeke
for
profit
in
the
rubbish
of
the
Empire
,
or
revenge
private
injuries
,
or
endeavour
a
change
of
government
,
may
alwayes
have
an
occasion
to
pursue
their
designe
,
whilest
under
the
shew
of
helpe
,
to
which
they
will
professe
themselves
bound
,
for
the
restitution
of
their
banished
friends
,
and
allies
,
they
may
dispatch
their
owne
intendments
.
It
is
to
be
feared
also
,
least
the
Turkes
using
,
and
being
moved
with
this
occasion
,
rise
up
,
and
with
their
whole
power
before
they
have
any
losse
,
invade
Germany
already
shaken
and
much
weakned
,
to
the
conquest
whereof
they
have
long
time
applied
themselves
,
and
yet
attend
the
opportunity
of
the
season
.
All
these
,
and
other
innumerable
mischiefes
might
have
long
since
been
prevented
,
if
all
private
quarrels
,
enmities
,
and
factions
set
apart
;
the
peace
,
and
concord
,
and
ancient
consent
,
and
harmonie
of
affections
had
bin
reduced
,
and
established
amongst
the
Princes
,
and
by
a
common
,
and
publike
accord
,
care
had
been
taken
,
and
provision
made
,
for
the
safetie
,
and
securitie
of
the
Common-weale
.
And
this
surely
had
beene
easily
done
,
if
those
counsels
,
and
remedies
which
availed
to
that
purpose
,
and
were
in
a
readinesse
,
had
been
sooner
taken
,
and
applied
;
of
which
,
these
two
alone
are
thought
the
most
convenient
,
and
efficacious
.
First
,
if
a
generall
,
and
universall
amnestie
of
things
past
had
been
decreed
;
secondly
every
one
,
(
no
man
excluded
out
of
this
peace
,
and
amnestie
)
who
by
warre
,
and
the
injury
of
times
,
was
cast
downe
from
his
fortunes
,
and
honours
,
had
bin
intirely
restored
to
the
estate
,
which
he
possessed
before
these
stirres
began
.
For
this
is
most
certaine
;
that
there
can
bee
no
firme
ground
found
out
for
a
concord
in
Germany
;
that
no
peace
,
no
leagues
will
endure
long
,
which
are
not
concluded
with
the
consent
,
and
will
of
all
who
are
interessed
therein
,
and
with
restitution
and
satisfaction
to
the
banished
persons
.
The
other
conditions
,
if
any
be
remaining
to
be
agreed
upon
,
and
added
would
have
passed
without
difficulty
,
or
exception
.
For
,
out
of
doubt
,
the
strangers
,
who
have
engaged
themselves
in
this
warre
;
by
this
meanes
,
all
pretence
of
the
continuation
thereof
being
taken
from
them
,
would
willingly
have
refrained
Armes
,
and
entertained
peace
.
Againe
,
by
restitution
of
the
Palatinate
,
Charles
Lodowicke
the
Electour
being
received
into
his
former
degree
,
and
dignitie
;
the
Emperour
and
Electours
might
have
gained
this
advantage
,
that
they
might
have
layd
a
farre
stronger
,
surer
,
and
setled
foundation
of
an
universall
peace
,
than
by
the
treatie
of
Prague
;
all
hope
being
taken
from
their
enemies
of
invading
,
and
oppressing
the
Germane
Common-wealth
,
and
the
other
provinces
(
yet
free
)
from
the
tyrannie
of
warre
.
And
withall
as
they
might
have
purchased
a
most
glorious
and
happy
peace
,
and
security
for
the
Roman-Germane
Empire
,
themselves
,
their
friends
,
allies
,
and
people
:
so
to
conclude
,
might
they
have
delivered
the
youth
of
Germany
(
by
so
many
slaughters
and
miseries
,
reduced
from
so
great
a
number
,
to
such
an
admired
,
and
unheard
of
scarsitie
)
from
famine
,
mourning
,
sorrow
,
and
griefe
,
by
which
as
by
a
gentle
fire
they
were
daily
wasted
,
and
destroyed
.
Besides
,
it
had
beene
no
small
honour
to
the
Emperour
and
Electours
,
if
they
had
replaced
,
and
setled
in
their
ancient
honours
and
possessions
,
the
Princes
Palatine
,
descended
of
such
a
Princely
Race
,
joyned
in
consanguinitie
with
the
principall
families
of
the
Kings
and
Princes
of
Europe
,
whose
progenitours
have
so
well
deserved
of
the
Empire
,
(
for
the
greatnesse
,
glory
,
liberty
,
and
safety
whereof
,
they
have
beene
ever
most
carefull
constant
defenders
and
abetters
)
for
whom
also
so
many
Kings
,
and
Princes
,
whom
the
restitution
did
concerne
,
had
interceded
and
briefly
,
who
might
bee
,
an
ornament
and
profit
to
the
Empire
.
By
this
action
,
they
should
not
onely
have
firmely
obliged
the
Palatines
to
them
;
and
have
found
them
ready
and
gratefull
,
in
the
returning
of
all
loving
offices
,
and
good
affection
;
but
,
also
prevailed
with
the
most
illustrious
King
of
Great
Britaine
,
that
in
testimony
of
his
gratefull
minde
,
out
of
his
singular
good
affection
to
the
Germane
Common-weale
,
he
would
have
consented
,
to
have
entred
into
covenants
with
his
Imperiall
Majestie
,
and
the
Princes
of
the
Empire
,
as
well
for
the
settling
of
a
generall
peace
(
the
groundworke
thereof
being
first
laid
upon
the
restitution
of
the
Palatinate
)
as
for
the
maintaining
thereof
,
against
all
that
durst
oppose
it
.
How
great
an
advantage
,
security
,
and
glory
might
have
accrewed
to
the
Empire
by
the
alliance
,
and
defensive
Armes
of
this
most
puissant
King
,
the
Emperour
and
the
Electours
might
easily
judge
,
if
they
would
have
taken
into
their
consideration
the
condition
of
their
owne
estates
,
the
present
times
and
calamities
of
the
Countrey
of
Germany
brought
to
the
neerest
step
of
ruine
.
All
this
then
being
truth
,
you
shall
give
me
leave
O
yee
men
,
Princes
,
Peeres
,
and
free
Denizons
,
that
my
speech
may
turne
to
you
,
before
I
come
to
a
conclusion
.
I
Intreat
and
beseech
you
,
by
the
everliving
God
,
by
all
things
divine
and
humane
,
by
the
Ashes
of
your
Ancestours
,
by
the
Genius
of
the
Countrey
,
to
consider
in
what
estate
your
affaires
have
been
,
and
in
what
they
now
are
,
what
miseries
you
have
suffered
already
,
and
what
doe
yet
surround
,
and
hang
over
you
,
if
you
shall
yet
neglect
to
advise
speedily
for
your
owne
safety
●nd
estates
.
Observe
you
not
that
by
the
fortune
of
strangers
affecting
soveraigntie
,
by
their
counsels
,
and
supplies
of
money
,
the
liberty
,
authority
,
fortune
,
dignity
,
and
glory
are
so
shaken
by
these
civill
warres
,
that
it
is
in
all
probabilitie
to
be
feared
,
least
your selves
being
brought
to
povertie
,
and
slavery
,
shall
be
forced
to
live
under
a
perpetual
yoke
.
Whom
can
you
blame
for
this
,
but
your selves
?
If
presently
upon
the
beginning
ye
had
seriously
undertaken
the
cause
of
Fredericke
(
through
whose
sides
ye
were
stricken
)
either
to
defend
it
,
or
to
compound
it
:
If
with
joynt
courage
,
force
,
and
counsell
,
you
had
opposed
your selves
to
this
covetous
desire
of
soveraigntie
,
and
the
diligence
used
for
the
spoile
of
your
liberty
and
religion
,
when
it
was
in
the
birth
or
moving
from
the
cradle
;
things
had
gone
farre
better
with
you
,
and
you
should
have
gained
a
good
report
,
for
valour
,
constancy
,
and
piety
;
in
place
of
the
ignominy
,
blame
cowardice
and
misery
,
which
doe
now
attend
you
.
But
,
with
extreame
shame
,
and
dishonour
,
not
without
suspicion
of
betraying
and
forsaking
your
friends
,
you
have
suffered
one
,
to
be
lost
,
and
devoured
after
another
,
thinking
that
their
case
did
not
at
all
concerne
you
.
What
?
know
you
not
that
alwayes
they
whom
cowardice
and
wicked
subtiltie
hath
detained
from
Armes
,
to
the
end
they
might
bee
secured
by
other
mens
perils
have
suffered
most
severely
?
Rex
Mithridates
ad
Regem
Ansacem
apud
Salustium
,
lib.
6.
Hist.
you
could
have
done
nothing
,
that
could
be
more
gratefull
to
your
enemies
,
by
nothing
have
they
had
greater
advantage
against
you
,
then
that
you
did
not
consult
in
common
,
that
you
did
not
joyne
your
forces
,
and
Armes
;
and
with
one
consent
oppose
this
danger
,
which
hung
over
all
promiscuously
;
therfore
,
while
each
of
you
have
fought
singly
,
you
have
been
overcome
generally
.
Ex
Tacito
in
vita
Agricolae
.
Againe
,
either
willingly
you
would
,
or
have
suffered
your selves
to
be
deluded
,
and
seduced
with
promises
,
and
gifts
;
to
be
disjoyned
,
and
severed
each
from
other
,
to
bee
deceived
,
and
corrupted
with
a
false
glosse
of
friendship
or
favour
.
Have
you
not
observed
,
that
it
is
customary
with
them
which
take
up
Armes
with
a
desire
of
Soveraigntie
,
for
the
setling
of
their
owne
authoritie
,
and
the
subversion
of
religion
and
liberty
,
to
give
out
,
that
they
intend
no
offensive
warre
against
all
in
generall
,
but
against
some
in
particular
,
untill
those
being
vanquished
,
whom
first
they
fell
upon
,
they
may
proceede
by
degrees
against
some
others
,
and
in
the
end
against
all
.
Iacobus
Zevecotius
in
observatis
politicis
ad
Suetonii
Tranquilli
Iulium
Caesarem
,
cap.
35.
Thus
you
have
been
deceived
,
and
deluded
with
the
false
colours
of
their
good
affection
,
and
grace
,
who
have
made
warre
for
your
destruction
,
and
the
ingrossing
of
your
wealth
(
the
onely
end
by
them
at
first
propounded
)
which
have
fallen
upon
you
singly
,
whilest
you
not
thinking
that
you
were
the
persons
aimed
at
,
have
beene
wanting
both
to
your selves
,
and
your
Neighbours
,
ingaging
them
in
a
dangerous
warre
,
and
hastening
your
owne
ruine
.
Fina
ly
,
there
have
happened
discords
,
schismes
,
dissension
,
division
of
counsels
,
hatred
,
both
publike
and
private
,
caused
,
raised
,
and
increased
by
difference
of
religion
,
and
subtill
suggestions
of
calumniators
,
envies
,
emulations
,
pride
,
presumption
,
false
conceits
,
of
your
owne
power
,
hope
vainely
placed
,
and
ungrounded
;
of
forraigne
supplies
,
distrust
,
and
malicious
crafts
in
forbearing
to
succour
your
friends
,
unthankfulnesse
,
breaking
and
voiding
leagues
,
and
covenants
;
and
many
other
things
of
that
nature
,
which
were
then
,
and
are
yet
practised
amongst
you
,
and
these
reduced
the
Germane
Commonweale
(
once
the
most
flourishing
state
of
the
world
)
to
mourning
,
desolation
and
extreame
misery
.
And
now
(
but
too
late
)
you
finde
and
apprehend
what
manner
of
troubles
surround
you
,
with
what
chaines
and
fetters
you
are
manacled
,
in
what
a
Labyrinth
,
and
prison
you
are
inclosed
.
Could
you
be
ignorant
,
that
they
,
who
intended
to
lay
a
yoake
of
slavery
upon
a
free
Nation
,
cast
out
many
false
mists
,
and
seeme
rather
to
doe
any
thing
,
but
what
they
doe
,
and
so
long
pretend
the
preservation
of
liberty
,
and
the
observation
of
ancient
customes
,
till
they
have
taken
away
all
hope
of
their
recovery
,
and
abundantly
assured
themselves
of
the
meanes
to
soveraignty
?
Iacobus
Zevecotius
in
observatis
politicis
ad
Suetonii
Tranquilli
Iulium
Caesarem
,
ut
supra
citavimus
.
cap.
79
in
sine
.
Pardon
me
,
I
beseech
you
,
you
men
,
and
Princes
,
if
you
thinke
I
have
spoken
too
freely
,
and
boldly
;
Know
,
that
I
am
also
a
Germane
,
and
carefull
of
the
Germane
credit
,
honour
,
estimation
,
and
libertie
,
that
I
am
moved
with
the
calamities
of
our
countrey
,
and
racked
betwixt
anger
and
sorrow
because
I
see
both
it
and
you
to
perish
so
miserably
;
and
so
soone
,
and
so
dishonourably
to
lose
all
the
repute
,
credite
,
dignitie
,
libertie
,
the
Empire
descended
from
our
Ancestours
,
and
their
gotten
glories
,
and
become
a
prey
,
scorne
,
and
contempt
to
strangers
.
To
speake
with
the
Oratour
,
Wee
passe
no
day
without
teares
,
nor
ever
leave
to
bewaile
our
Countrey
,
and
lament
this
alteration
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Isocr
.
These
,
these
,
are
the
causes
of
Our
great
sorrowes
.
FINIS
.