A Brief Description of the reasons that make the Declaration of the Ban made against the King of Bohemia, as being Elector Palatine, Dated the 22. of januarie last passed, of no value nor worth; and therefore not to be respected.  
PRINTED At the Hayf by Arnold Meuris Bookseller, at the Sign of the Bible. 1621.   

A BRIEF DESRIPTION OF THE REASONS THAT MAKE the declaration of the Ban, made against the King of Bohemia, as being Elector Palatine. Dated the 22. of januarie last passed, of no value nor worth, and therefore not to be respected.  
FIrst, in that pretended process, there is found a most great imperfection in the principal foundation and ground thereof. That is touching the matter and subject of the Imperial jurisdiction: for that neither Divine, natural, nor civil Law, doth permit the Emperor to be judge in his own cause, or that he can, in the present difference now made, wherein there is a question touching a pretended usurpation of the Crown of Bohemia, and of the interest of the house of Austria, ground the aforesaid Declaration, upon a breach of public peace, and consequently in the pursuit of his particular interest, to serve his turn against his adverse party, with most rigorous penalties of the constitutions of the said Peace, which consist in the loss of all his Goods, Countries, honours, & namely his life.  
For although men will not dispute nor strive with the Emperor touching the power that he hath, by virtue of the constitutions aforesaid of the Empire, against the breakers of the public peace, which according to the opinion of civil Lawyers, a judge may judge of, and make Decrees concerning his Office, and judicial authority, as also touching the conservation thereof: yet it is most certain and evident, as well by the judgements of all Civil Lawyers, as by natural equity, that the maxim aforesaid, is granted only in cases, wherein there is no question made of an interest, profit, and great advantage of the judge, and when the Act in itself is most manifest, and without any doubt or difficulty whatsoever. Otherwise, and for want of such circumstances, it is most dangerous, that oneself same person should be judge and party, or that the judge and the party should sit both in one seat: for it shall be showed, and most evidently declared hereafter, that in this pretended Declaration, there is no respect had unto the said common doctrine of the Law, nor to natural equity. Besides, that the golden Bull, as a fundamental law of the Empire, in express terms most plainly absolveth this question. That is, whether the Emperor may or can be judge, in that which concerns his particular affairs, or those of his house, saying: That an Emperor, as King of Romans, in causes and matters that are alleged against him, is bound by an ancient custom, to appear and answer before the Elector Palatine, as not being permitted to be judge in his own cause. Which words, so clear, and so express, should be unprofitable, and of no effect, if an Emperor of Rome could be both judge and party. And such an absolute power of the Emperor, was never at any time heard of, nor known among; nor unto the true & good Almains or Germans, as being directly contrary to their liberties: and it will be found, namely in the time of Frederick the third, in the controversies between Duke Albert and his brother, as also in the differences of Habsburg: yea, and by some examples in the house of Austria itself, that ordinance of the golden Bull, and fundamental constitution of the Empire, was confirmed by a consequent observation. Considering that the precedent Emperors of most worthy memory, did always submit themselves to the ordinary course of Law, at all times when any question was to be decided touching their particular patrimonial goods and possessions: So fare off were they from suffering themselves to be carried away to such a passion and rigour in their own interests and advantages, as in this case, which at this time is in question, Such kind of violence being not exercised in an other man's cause, of much greater consequence, which concerned the loss of diverse Provinces and notable Towns, withdrawn from the obedience of the Empire, the forces and revenues whereof are weakened and diminished more than the half.  
Further, and secondly, it cannot be denied, That the case in question, doth not particularly touch nor concern, (neither in the first and highest degree) the Emperor & his house: and yet notwithstanding, the pretended Declaration, hath been decreed, and concluded by his Counselors, and servants, who by a most strict Oath; (whereof there is no release in this point) are bound to procure the good of their Master. And for that the said Counselors and servants, from the beginning of the troubles of Bohemia, have sufficiently showed, that their intents, and prejudicate judgements, proceed from a hatred and a most extraordinary animosetie, not only against the reformed Religion, and those that generally make profession thereof, but also against the person of the King of Bohemia, and the Elector Palatine, particularly. In this, that in all, and in every place they have sought to condemn him, before they heard him speak for himself, or once received his justifications. It is easily to be judged that this pretended Ban, the Declaration whereof was consulted of, drawn and published by the wills and consents of the Imperial servants aforesaid, had no reason, nor any ground of impartial justice, and that consequently all the Process is of no force nor value, passion and animosetie (as it is said) having therein had all the government & direction, treading justice under foot.  
And thirdly, in this point it is to be noted & well weighed, what men may judge & esteem of all the points of this process, which without all reason and nature itself, was begun and intimated by the execution. In this that Marquis Spinola, under the pretence of an Imperial Commission, with his Army raised and paid by the King of Spain, did by manner of hostility invade the Electoral Palatinate, before the said pretended Declaration of the Ban was published. Wherein, there was no manner of respect had of any of the States and Countries that were neutral, and therefore wholly innocent: as it appeareth manifestly by the ruin and entire desolation of that so flourishing a Country, which justly might be compared with the best parts of Germany, which is directly contrary to the Imperial capitulation: by virtue whereof, no Emperor is permitted, to use any such violence: but by a most singular wisdom and foresight it was referred to the laws and fashions of the Wars used amongst the ancient Germans, and reduced to certain terms in such affairs of the members of the Empire, in these words. That the Empire shall not forcibly assail the Electors, Princes, and other States of the Empire, but having any question or controversy against any of them, to shun and avoid all violence, troubles, and commotions, he shall cause the same to be descided by way of justice, and shall not permit them, to be vexed, nor pursued by arms, violences, or invasions. For if in case of less consequence, a judge, before judgement given, proceeding by actual force against a party, loseth all his credit, and is deputed of the authority and power of a judge, as it is most true: what may be said of him, that setteth upon his adverse party by open force and arms, dispossessing him of all his goods and estates, and at the end of all his violences and indirect and wicked proceed, pronounceth him guilty, and proclaimeth the Imperial Ban against him.  
And seeing, that for the fourth reason, in all formality of justice, specially in that which concerneth a public violence and outrage, it is necessary, that the least and meanest peasant or Citizen that is accused, aught to be orderly summoned, to yield a reason of his actions: by greater reason, it is most necessary and convenient, that this requisite formality should be observed towards an Elector of the Empire, of so high a house, and so great a dignity, as the Elector Palatine, specially when it concerns his goods, his estate, his Country, his life, and his honour; and to be short, all that which he possesseth in this world: For specially to speak of the crime of the infraction and perturbation of the public peace, it appeareth by the laws of the Empire, that before all things; the party, that is to be accused of such a crime, should be summoned, and heard in his justifications, and defences, that after an exact understanding of the fact, judgement may the better be given, and knowledge had whether the public peace and tranquillity hath been violated and broken. And to that end, that the party may not be condemned, and submitted to the most rigorous pains of the Ban, at the only request, or under a false suggestion of the contrary party: which can not be justified, neither by the ordinances of the Imperial chamber, made and concluded in form of a public and perpetual contract between the head and the members of the Empire, nor also by the capitulation; whereunto, as the precedent Emperors, so also the Emperor at this day bound himself by a solemn Oath: within express and manifest terms saith. That his Majesty shall not permit, that from henceforth, any of the states of the Empire, Elector, Prince, or others, shall be put into the Imperial Ban, without cause, and without lawful knowledge of the same: but that in such case, he shall observe the formalities, and lawful proceed, all in conformity of the constitutions and customs of the Empire, according to the tenor of the reformed ordinances of the Chamber, and Sovereign Court, published touching the same. Now although all this is most true & manifest, yet it hath all been put out of consideration, & of the tenor of the pretended declaration: seeing that without citation, without knowledge of the cause, without any formality, they have gone so fare as in their own proper cause, to proceed to a most manifest injust sentence, and to declare an Elector of the Empire to be a criminal: who by the golden Bull, is qualified to be one of the principal members of the body, and a pillar of the Empire: whose electoral dignity in the Empire, is esteemed to be of no less account than the Royal. To whom for an accomplishment of all iniquity; they deny that which is due to the most wicked and greatest malefactors, yea and to the wicked spirits themselves, (as some men say) who are not condemned, without their cause be first heard: seeing that it is altogether manifest, that this pretended sentence against the King of Bohemia, was not only published without any formality, as it hath many times been said, but extorted and procured by the importunate solicitations of the Spanish Ambassador, at whose lodging the first counsel was holden, as also by treaties made under hand and cauteously with the Archbishop of Mayence and others, all without the knowledge of the electoral college: which ought lawfully to assemble, demurely to weigh the pernicious consequence of so violent and rigorous a proceeding, whereof may ensue the ruin and entire desolation of all the Country.  
And although they seek to colour and excuse this headstrong proceeding (which is so much the better known, that ten months before the pretended sentence, they began to practise the execution by force of arms) in this sort, that by virtue of the Imperial constitutions and edicts, in case of a manifest and permanent rebellion, there is no need of any formal Process against those that are attainted, but rather by the tenor of the same it is permitted to proceed actually (against those that are culpable) by force of arms: and yet they cannot show any such manifestation of the Act which is now in question. Seeing that the King of Bohemia, did neither by practices, force, or other means, intrude himself into the Kingdom, but entered therein, and took possession by a most just Title, as believing most assuredly that the Crown was vacant, as appeareth by the manifest protestations and declarations by him published and sent into all the parts of Europe. In such manner, that the notice required, to form a Process upon the constitutions, against the perturbators of the public peace, can have no place in this subject; and if this pretended infraction be so notorious as they said, why did they not at the first serve their turns, with the reasons and edicts of the Empire, which they now allege? Why did they defer eight months, and until the assembly at Mulhausen, (whereof there could not a copy be had, notwithstanding all the instance that could be used therein) to frame a Process in so notorious a crime as they pretend it to be? why did they not in an Act holden to be so evident, stand to the constitutions published for the execution of the Imperial Ban? why did they not call the jurisdictions to put their helping hands thereunto? But why in a crime made so notorious, did a great part of the Catholic Roman states declare themselves Neutral? Why were they prayed and requested as well by the Emperor, as by the Arch Duke Albertus of Austria, and Marquis Spinola, to continue and abide in those terms of neutrality? seeing it is so, that in such and the like actions concerning the public necessity of the Country, every one is bound, to contribute something thereunto; and without any exemption, to aid and secure those, that therein are oppressed? And how comes it, that the Duke of B●uiere, with his Army intimating the Imperial commission, maketh a distinction between the Elector Palatine, and the states of Bohemia, whom he saith he would pursue as notorious rebels. A crime whereof he dischargeth the Elector Palatine, when he saith, that touching him, the said Elector, he stood not in such terms: And besides all these things, this pretended notoriousness is made void and disannulled, by the diverse deductions and apologies of the said edicts of the Realm of Bohemia, which are extant through out the world.  
We must no less consider for the first point, that in this exorbitance, they seek to ground the pretended declaration of the Imperial Ban, only upon the Imperial constitutions of the Empire, touching the public peace, which nevertheless; according to the tenor thereof, do not concern nor bind the King of Bohemia, seeing that such constitutions, were not made nor determined within, but with the six Electors, and other states of the Empire, concerning the superiors, and the subjects, comprehended in the ten jurisdictions of Germainy: and that so a state of the Empire cannot be punished nor persecuted as a breaker of the public peace, by reason of an offence imputed to the King of Bohemia, for it is most evident and manifest, that a King of Bohemia, doth not acknowledge the superiority of a Roman Emperor, but in regard of the Electoral dignity, and of the Office of chief Cupbearer; and that touching other things, the Crown of Bohemia is exempted from his Imperial jurisdiction, in the same manner that diverse other vassals and members of the Empire are, as Milan, Sanoye, and many others in Italy and else where: which neither will be, nor are bound to the aforesaid constitutions, touching the breaches of public peace: from whence also it follow●h that in the Imperial assemblies, and when question is m●de of contributions for moneys, and other affairs: the said Realm is always accounted as a stranger, and is not bound to contribute to the charges of the executions of the Empire, against the public perterbators thereof: as it is yet manifest by the declaration made by the Emperor Ferdinand the first, to the states of the Empire, Anno 165● wherein he protesteth and saith, that the say● Realm of Bohemia is exempted, and dependeth not on the Empire. And the memory is yet fresh touching that which happened to the Emperor Rodulph, for whose sake no man stirred, although his two Crowns were taken from him, and that he had held the Sceptre, and governed the Empire 36. years. And it was never understood that the Crown of Bohemia, had any respect or regard to the public tranquillity of the Empire, or to the public laws for the conservation thereof, but always followed the example of other Realms, and strange Potentates, according to their laws and particular customs.  
But looking nearer into the constitutions concerning the public peace, as the only ground and foundation alleged by this declaration; we shall clearly by the qualities that therein are required, perceive and see the nullity thereof: for as in all faults and offences a man must be attainted of a manifest practice to make him culpable: so in this crime of breaking of the public peace, the like must be done. Now touching the King of Bohemia, whom they will make criminal in this subject, it will never be proved, that he did ever use any practice or fraud, neither before the acceptation of the Crown of Bohemia, at the receiving thereof, nor after the same: for those that have published the declaration, therein attest, that presently after the troubles raised in the same realm; his Majesty used all the means he could to quench that fire, and to end that difference: from whence he solemnly protesteth, calling and taking God to witness, that he never practised to have that election put upon him, which so unexpectedly fell unto him: which assertions and assurances he may well stand upon, until such time that the contrary is showed and brought to light, which until this day never any man dust undertake. In such manner, that it cannot be supposed, that his Majesty ever had any design or thought to break and trouble the public peace: because he always alleged the said Title to be lawful, wherewith the Emperor would serve his turn in his pretences. And put the case, that in the refusal of the said Emperor, the state, of Bohemia did commit a fault (which yet is not proved) that never the less cannot be imputed to a practice or deceit in the King of Bohemia: He having not in any sort done, nor procured any thing to that effect; much less than ought they to use any extremities against him either in his body, honours, or goods, before he were convicted of deceit and fraudulent dealing.  
For touching that which they allege; that he, as he is Elector Palatine is bound to bear respect unto the Emperor, that cannot in any manner justify these proceed; for that he hath always borne that respect unto the Emperor, that is due unto him as Emperor, and never pretended any thing against him in that quality; but only in quality of Archduke of Austria: He hath not also enterprised any thing against his greatness and Imperial authority. And it cannot be verified by the Oath of fidelity of the Princes of the Empire, that any mention is therein made touching the goods & Patrimonial estates of the house of Austria. In such manner that in these occurrents of Bohemia, touching the particular pretences of the said house of Austria; that Oath of fidelity will serve their turns as little as it did when the states of the Empire did by virtue of the said Oath, refuse to deal with the wars which the Emperor Maximilian the first had with France, the Venetians, the Low-countries, and Switzerland; or to take part with the quarrel of Charles the fifth, against William Duke of juliers in respect of Gelderland, or to esteem that the recovery of the Duchy of Wertemburg was a thing that concerned the Empire, or that it was a matter of high treason. Likewise it is an allegation of no force, to allege the revolt made in Austria, by means of the Bohemian army, to prove the practice and deceit alleged; seeing it is manifest, that the same Army was under the pay and command of the said states of Bohemia, and sent by them into Austria, thereby to divert their enemies, and to recover that good & treasure which the Earl of Dampiere had forcibly taken from them in their Country, and that a good while before the Election, and acceptation of the Crown of Bohemia, in such manner that the same revolt, cannot be imputed to the King of Bohemia.  
Now, for that by virtue of the said most manifest disposition, set down in the constitution of the Empire, anno 1594. it is necessary, that in all actions, whereon men will ground the rigorous pains and punishments, pronounced against the infringers of public peace, the qualities thereof ought to be evidently showed, together with a manifest proof of a true (and not a feigned) indirect course, and that for want thereof, the defendant and he that is accused aught necessarily to be absolved. Seeing also, that the Elector Palatine hath etterprized nothing but that; whereunto, the general election of five several Provinces had invited him: and that after the example of diverse other Potentates, and namely of those of the house of Austria, to discharge his conscience, and to preserve the said Provinces from greater desolation and danger, to be wholly withdrawn from the Empire, wherein he hath been more commended then blamed by diverse great personages and others, namely Strangers, having a regard to the State of the affairs, the Bohemians griefs, and the despair whereinto they were reduced. Therefore it is referred to the judgement of all the world; whether his actions ought to be held and judged to be a rapture of the public peace, And whether in regard of the same, a most notable and special member of the Empire, without notice of the cause, and against the constitutions and capitulations aforesaid, aught to be banished and dealt withal in such manner: with commandment to all others, not to adhere unto him, nor yet in ●hy manner to aid him (although it should be only against the sense of the said Declaration of Ban) upon pain of loss of life, and likewise to be comprehended in the said Declaration: which is no other but to introduce a Spanish servitude, and to attribute unto the Emperor, an absolute authority of life and death over all the States of the Empire, that would oppose themselves against the particular pretences of succession, and others of his house. Whereby it would follow, that the Emperor should be permitted to serve his turn, (by the means of his passionate Counsellors) with an absolute power, which the● call plenitudinem potestatis, as in effect in the said Declaration, more than once they presuppose such a power, for the ground thereof: although the capitulation made with an Oath by the Emperor to the Electors, should derogate from an absolute power, and that the Doctors of the Civil Law will not hear, speaking of an Act of so great importance; and so the Emperor (by virtue of that power, without any contradiction) might decree, ordain, and do what he thought good for his particular profit, or for that of his friends, or to the prejudice of the liberties of Germany, notwithstanding all Imperial constitutions and ordinances.  
To conclude, all true Germans and lovers of their Country and the Liberties of the same, are desired and conjured to have a regard to this lo sudden, extraordinary, and most dangerous proceeding to all the States of both Religions, and to believe, Quod cuivis contingere potest quod cuiquam contingit. The most puissant God, direct and guide the thoughts of every man in the way of truth and equity, and of his paternal grace, cause our native and dear Country, to enjoy a good and secure peace.  
FJNJS.