THE EVAPORATION OF THE APPLE of Palestine: That is, The Sifting of the Answers and Rescripts, lately given, in the Cause of the Restitution of the Palatinate.  
Together With a brief Demonstration of the Nullities of the clandestine dispositions, by which, the Electourship and the Palatinate hath been transferred on the House of Bavaria.  
Translated out of Latin.  
LONDON, Printed by A G. for joice Norton, and Richard Whitaker, And are to be sold at the King's A●m●s i● Paul's Churchyard. M.DC.XXXVII.   

TO THE MOST HIGH and MIGHTY PRINCE, Charles Lodowicke, Count Palatine of the Rhine, Archidapifer, and Prince elector of the Sacred Empire, Duke of Bavaria, etc.  
THis, amongst other reasons (Most Illustrious Prince) which prevailed with me for the publication of this book, was the prime and principal, that I might give notice to the whole world, and to them, who either out of ignorance or affection, will not judge aright of the truth of things; that the cause, why that same solemn Ambassage, which the most incomparable Peer, THOMAS HOWARD, Earl of Arundel and Surry, lately performed in Germany, for the restitution of peace, and of the Palatinate, both, with one commission to be dispatched, came not to a happy conclusion; was, neither in the most renowned King CHARLES, Your Uncle, nor in Yourself: but in those only, who upon honest conditions and demands, would not suffer any thing that is moderate, and, of itself, equal and just, to be obtained. For Your part, the minds of all (that were any way interessed in You) were ready and willing to accept of any tolerable conditions: But of the other side, such things were prescribed and exacted, as neither with honour and safety, nor with conscience and the good of the Commonwealth, could either be granted or submitted unto: as it is evident by the public Acts, and which we have showed in this Enodation.  
That which concerned me in this business, I hope, and that not without some diligence, I have discharged; that is to say, with our pen, style, writing, as much as our ability would permit, We do vindicate, and maintain both the justice of Your cause, and the innocency of Your person; and exhibit to the world, how great injustice is done to Yourself and Kindred. It is Your duty now, since You have assayed all things 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by fair means, and Your honest endeavours have been frustrated; that You advise of other remedies, and embrace such instruments as, You may, by just arms, recover and wrest from those unjust usurpers and possessors that, which by violent force they have extorted from You. But that neither the power and fortune of Your adversaries, nor the diffidence of Your own abilities, nor the wars proving for the most part unfortunate to King Frederick Your Father, and his Allies, should either deter, procrastinate, or make You timorous; 
Tu ne cede malis, sed contrâ audentior ito.  
To evils do not you give way,  
But forward go, with virtue's sway.   
The felicity of Your adversaries is so much the more slippery, by how much the higher it is ascended: it is come to its height, and now stands tottering, by and by ready to fall with his branches, if but once shaken with some sudden violence of the North & Southwind. Things of moment are ruined in a moment, and the dubious fortune of that injurious and ingrateful House, is wheeled about. It will not long retain those things which, by violence, fraud and injustice it hath detained from Thee.  
Quem Dies vidit veniens superbum,  
Hunc Dies vidit fugiens jacentem.  
Whom the Sun rising saw in honour's place,  
Him the Sun setting saw in great disgrace.  
Go forward then (most Illustrious Prince) be bold, confident, adventure to the utmost: You shall have God, and the winds to second your Sails with a prosperous gale. A small Army, guided with Council and true valour, have many times subdued great forces. How often have a little Company, by marching forward and adventuring in warlike affairs, got the victory of a mighty host?  

A Cane non magno saepe tenetur Aper.   

Not seldom times, in open Field,  
By little Dog, great Boar is held.   
Even small Creatures have procured danger and destruction to greatest beasts. Your cause is good, and You shall have Arms that will maintain Your cause. The revenge of cruelty and injustice doth pursue your enemies: put on, persist; if that the Land denies a way, let the Sea prepare your passage to them: by perverting and preventing (said that great King) by turning aside, and by going forward are battles won. The first preparations of war are somewhat difficult; but, once gone into the field, You shall have Counsels, Associates, Companions, Soldiers. A small Band, under the conduct of a courageous and valiant Leader, in time will increase to a great Army. Observe the occasions, and moments of times, actions, and men, as they offer themselves, and think upon them. If You will associate Yourself with any of Your friends, that do war with You, You shall be a most welcome Companion, and receive sociable assistance from them. The experience of many ages, and the Annals do testify, that, in the beginning, all wars almost have gone against them, to whom of right the victory appertained; but, in the end, the better cause have always triumphed and prevailed. Fortune is not without its return; she hath a long while favoured Your adversaries, and forsaken you: now the wheel is turned, she may forsake them, and follow You. But whether am I carried? These things are not for this place and time: Only, the God of Heaven make and keep You (most Illustrious Prince) flourishing and in safety, and prosper all Your Counsels, and designs to Your hearts desire. From the Vbijs the Nones of March, 1637.  
VOLRADUS a TRUBACN.   

To the Courteous Reader.  
AS he who afar off beholds Brass or Tin, cannot easily distinguish the one from Silver, or the other from Gold, unless he comes near them; And as to one having the crystalline humours of his eyes darkened, or using spectacles, the object beheld, appears lesser, or greater, than in truth it is: So, for the most part, those, which are possessed with an overweening opinion and conceit, or led away by ignorance, or a false persuasion, or stirred up with a troublous passion or sudden motion of the mind, examine things slightly, not prying into the more hidden secrets of the matter, and touching only (as I may so speak) the shell, but not at all attaining the kernel; they judge and determine fare otherwise, of men's actions, counsels, intentions, opinions, words and writings, than is lawful and agreeable to truth.  
That fatal Palatine Cause, so generally known through the whole world, affords a notable and lively example hereof. Cui non dictus Hylas? Where is the man to whom this sad news hath not been related? But who (I beseech you) amongst so many thousands, doth at this present, sincerely, and faithfully, and uprightly judge thereof? who among so many doth well know and understand it? For who, according to truth and equity, without hatred or affection, doth rightly conceive, understand and judge of the proscription promulgated against King Frederick the elector? of entrenching upon, the taking away, the alienation of the Electoral Palatine Dominions, and the Dignity and Offices thereunto annexed, and an entire, total removal of these, unto the Bavarian Family? of the Ordainances made by the Emperor, the Bavarian and the rest of their Confederates, of their pronounced Opinions, Decrees, Rescripts, Conditions made known, agreed on, Covenants drawn, and the like? It is decreed in the Law, That every circumstance ought to be narrowly looked into, before the proceeding to sentence: So also in things of so great consequence, no sentence ought to be pronounced, until all things be exactly weighed, aswell for circumstances and reasons, quality of the times, conditions and intentions of men, and finally with a full understanding of words, sentences and causes, things being examined by construction and entreaty.  
If we should deduce these things particularly, and one by one, as they ought to be weighed and diligently examined, it would require large volumes; we having reserved the greater part of those things until another time, and for another labour and work, which (by God's assistance) we shall shortly publish; for the present, we thought it worth the labour, to bring into the light, and expose to view, the intent and meaning of those answers, rescripts and decrees only, which the Emperor Ferdinand the II. the last year (in which the most Royal King Charles of great Britain, sent a solemn Embassage unto him, for gaining the restitution of the Palatinate, and of His Nephews descended from his only Sister the Queen Elizabeth) had determined & delivered: as also a brief manifestation of injustice and the nullities, with which, those alleged decrees of the Emperor, concerning the transferring and firm alienation of the Electoral dignity, and revenues thereunto belonging granted to the Bavarians, do (as it were) groan, and are stuffed; both because We were commanded and required thereunto, by them who had authority to do it; as also, that they may give some light, or at least open a gap, and prepare the way for those my treatises which shall ensue: And to conclude, that out of these, some conjecture and guess maybe had, what is to be thought of the other things performed in this matter in question, by the adverse part, either violently or fraudulently practised. Perhaps some may say, that I ought to have been more large and accurate concerning those dispositions, and in setting down the nullities of them. But I would have them know, that I would willingly have done that, and thoroughly have handled the particulars, if it might have been lawful to have taken a view of those dispositions, as they were first penned, the which (as it appeareth) never yet came to public light, but always were kept privately and in secret, as, at the first they were composed. And concerning the nullities of the urged pacification at Prague, whereby it is pretended that those dispositions are ratified and confirmed, we thought it a matter of incogitancy and indiscretion, to make a long and tedious discourse, not, because we deemed it not so much appertaining to Our purpose, as that, because we have found the same argument purposely handled by others, with exactness of diligence, and no small commendation. Should I also have undertaken to have made a strict search, and full discovery of the same matter, with my obscure pen, what other thing should I have attempted, Than, 
Stellis nebulam spargere candidis?  
— to over cast the Heavens most bright,  
With exhalat'ons that obscure the light?   
For Conclusion, Courteous Reader, I would entreat thee, to afford a favourable interpretation to these my extemporary labours, for so you may give encouragement to my endeavours, that I may with cheerfulness accomplish (which) I yet forbear) the Manifestation of things affected, and almost effected by the adversaries, and expose them also speedily to thy judgement and understanding. Farewell hearty. From the Vbit the Nones of March. 1637.   

THE SIFTING OF THE IMPERIAL Answers, given in the PALATINE Cause.  
With an annexed short Remonstrance of the Nullities of the dispositions in the translation of the Electoral Dignity.  
THe year last passed, when the most Sovereign King of Great Britain sent his Ambassador, Thomas Howard Earl of Arundel and Surrie, Earl Martial of England, to the Emperor 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, diverse people scattered diverse words, spent their judgements and opinions thereupon; the actions of Princes (as it is customary) being diversely construed by the vulgar.  
Some averred, that the experience of so many years, so many Ambassagies, so much interceding already in the Cause of the Palatinate, was a sufficient testimony, of a default in that advice, by slackness and haesitation; that nothing could be expected by Treaty, nothing obtained by conference and reasonable Conditions, nothing could be 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 again, and the exiled Palatine Princes more careful of the ancient liberty and greater enemies to innovation then the rest, now grown stronger, by a new alliance and friendship of foreign Kings, being restored to their former estate, should return into their Country, and be a terror to those families, and like thorns in their eyes. That the Austrians, being grown more insolent by the timorousness of the adverse Party, had already settled to their own affairs. That the Palatine business did more and more decline, that the Prince his friends, Companions and Assistants, suspended with fear and doubt, and often deluded with hope of taking Arms in the Cause of the Palatinate, were compelled by necessity to leave his Party, and enter into new Confoederacies. That the Swedes and the French only were yet remaining, whose love and alliance was to be accepted, with whom He should join in Arms, and Counsel, till with a potent and victorious Army, they might weary the Austrians. That the occasion was not to be neglected, that this Lethargy was to be shaken off; that to attempt the negotiation again by Treaties, (which so often had proved fruitless) and to forbear Arms, in which the only hope of attaining the end consisted, was a token of indiscretion or sluggishness. Have not the Kings of England by the space of these 18. years been deluded by the Austrians? will they still suffer themselves to be gulled with words? Dare they not awake from sleep, and remember their former injuries? These, and words to the same effect, were spoken commonly by the military men, which breathed out war, and burned with a desire thereunto.  
Others, which would be accounted more moderate, and of a more peaceable condition, commended the King's Wisdom, Piety, and equanimity, granting notwithstanding, that nothing hath been 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 chief aimed at; whom the Caesareans styled the Author, and firebrand 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 guiltless children, and therefore concluded the King did wisely, that by a solemn 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 cruel and insolent against them, as they had been formerly against their father, seeing there was far less cause for it, against them, then against him.  
Besides, of the other side, the King had good hope to obtain their restitution, that he was desired to come to a Parley, and to send an Embassy with full power to Caesar, as soon as might be; and these concurrents promised an happy issue. This hope if he had despised, or either relinquished the business, as lost, or made war upon that occasion, the adversaries then, might have had good cause, and pretence, to complain of his weakness or rashness.  
Besides, they said, there were some other causes that made the King demur upon the matter, holding it unfit to take Arms with unwashed hands, and before he had better settled his own affairs; and that though it was to be feared, that this Embassy would be also fruitless, and unhappy, and in the mean season the fair occasion of war would be neglected; Yet the King nevertheless, should thereby get this benefit; that not only the justice of the cause, the innocency of his Nephews, the pride of their enemies, and the injuries done by them, would more clearly appear; but that himself 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 be unwillingly forced to attempt another way.  
These, and the like reasons, moved the deservedly styled, most Wise and Moderate King, to send His Ambassador Thomas Howard Earl of Arundel and Sarri●, with all speed to Caesar, with perfect instructions for that negotiation. At the Ambassadors first arrival in Germany, some things happened beyond his expectation; from whence, the more curious sort of men, began to divine forthwith of the success of his Embassy.  
For, first, he was compelled to be an eyewitness of the cruelties, practised upon the bodies, and goods, of the miserable Citizens, and inhabitants of Frankendale, for whom himself became an intercessor. Some were clapped in prison, and constrained by threats, and famine, to pay their unjust ransoms: others vexed with extorsions, tributes, burdens, and services, pined away for sorrow: the more he complained, and entreated for them, the sharper was their usage; No mercy could he obtain for them, by his suit and entreaties either from Caesar, the King of Hungary their Ministers, or the Spanish Ambassadors: no assurance that those Conditions which were granted them at their yielding 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 obtain the main suit, when these trifles were denied him.  
Again, when at Norimberg, he understood by john Taylor, who came from the Emperor's Court, that the King of Hungary, (who was then at Nordlingen, in Swaben, and going to the Imperial Army) desired, that he would meet him upon the way, (as he seemed desirous to speak with the Ambassador) he sent Tailor before him, to appoint the time, and the place of their meeting, and to inform him of what was done. But after some days waiting for an answer, he perceived in the end, the King did either seem less careful of meeting him, than any other business, or else to have merely forgot it; And yet more, neither by Letters nor Agent (which is the custom, when the Ambassadors of Kings come to the Provinces, and Dominions of other Princes) did he 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 father's command and the writings drawn up at Donawerth, (the very same time when they had appointed to meet) giving, and delivering to the jesuits, certain consecrated goods, lands, revenues, and entire Monasteries, in the Lower Palatinate; which upon the marriage of the Queen of Bohemia his King's sister, were conveyed unto her for her jointure, which was no good token, of a will inclining to restitution, when he shown himself more forward, to alienate, rend, and distract that estate, then to restore it.  
When he came to Lintz (a town of eminency in the upper Austria) where Caesar then abode, being within few days after bound for Ratisbon, where the Septemvirat Counsel was assembled; he was indeed entertained in great state, and much compliment, and had free and frequent access to Caesar and the Empress; but about the Cause he came to treat of, for many days, he found a still silence. Nevertheless, at last impatient of delay, he having more importunately urged it, Caesar, as seeming desirous to treat of the business seriously, appointed certain Counsellors, who should confer with him; namely, the Bishop of Vienna, Peter Henry Stralendorff Vicechancellor of the Empire, and justus 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 Emperor had given his Counselors, for treating about this business, found amongst other instructions, this, That the King of Great Britain, by john Taylor, had offered to enter into, and settle an offensive, and defensive League, with his Imperial Majesty and the house of Austria, against the common enemies and adversaries of that State.  
The Ambassador knowing this to be false, and against the King's repute, credit, and integrity; accounted that by virtue 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 hindered 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 King's Majesty, I have conceived, that it wholly appertaineth to my office, and the honour and dignity of his Royal Majesty, to declare the sorrow, and grief of mind which I have hence received, both by word and writing, to your Imperial Majesty; protesting publicly; That, it is not only against the intention of my Sovereign the King, nor can it be spoken without some note of ignominy, that He hath of his own accord offered an offensive and defensive Leagve, to your Imperial Majesty, and the whole house of Austria, against the enemies of that family: which truly would tend both to the offence of the rest of His Majesty's Confederates, who might thence take just occasion of suspicion, and complaint, and might also oblige His Majesty to what He cannot do, with His honour and conscience, without great cause given by His Allies, to relinquish their necessitude, and so involve himself in a perpetual necessity of war.  
But, if john Taylor the Agent for the King, my Sovereign, hath promised any such thing, or ministered any hopes of it, as it is expressly set down, in the words of that Commission: I must needs speak 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 spoke such words, appealing withal to his remembrances, delivered to the Imperial Court,) what can I else infer, or say, But that there is a strange affront, done both to the King, and me His Ambassador, when to my face, by a public escript such dishonourable and strange things, are thrust upon us?  
The case then being thus; I humbly beseech your Imperial Majesty, that your wisdom would weigh, and so order this matter that no such thing, as may be ignominous and dishonourable to the King, or myself, may be done, written, or spoke: but that all delays and circumstances set apart, we may come sincerely to the matter, and, as soon as may be, I may receive that answer which may be welcome, acceptable, and satisfactory to his Royal Majesty, and may also be a token that the business is handled seriously, and with hope of good success.  
Caesar replied hereunto, by a large writing, and full of words, both explaining his own mind and opinion, and repeating out of the remembrances what ever at any time had been done, said, written, and treated to, and fro, concerning the matter, and form of the propounded league. And in the end concluded thus.  
All these things then being thus, as they are proved out of the Original writings, which are alleged and may be seen; and seeing that by them, it may easily appear to any one, that neither his Sacred Imperial Majesty, nor the most Illustrious King of great Britain, had any intention to conclude an offensive and defensive League of one side only, and only against the enemies of one of them, but against the common adversaries of both Parties; seeing also, that if the conclusion had been made only against the enemies of one Party, it had been 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 be thought, that the equity, and good affection of his Sacred and Imperial Majesty, towards the Illustrious King of Great Britain, would desire any thing of him, that should be contrary to his reputation and dignity: His Imperial Majesty doth confidently believe, that there is no man who will blame Him, that He would thus question this matter, and with all gentleness, explain it; not denying nevertheless, but that there may be such moderation used concerning the often mentioned clause, as by a common consent may be thought fit, to take away all occasions of offence.  
But for the principal matter, he wrote again to this effect,  
That he remembered he had declared himself to the Agent of the said most Illustrious King of Great Britain, in what sense, he desired that to sundry his former decrees, and namely that of the xxiv. of February last passed, there might be added a new Condition, to wit, in respect of the causes and reasons there alleged; that if the Count Palatine Charles Lodowick, should perform the conditions contained in the said decree, than he would mercifully discharge Him of the Imperial Ban, derived unto Him by his father's trespass, that he might be received into the state & degree of the Princes of the Sacred Empire, and he would also restore him, into no despicable part of his ancient dominions; and according to the agreement settle him in the same. Lastly, when there should be a treaty thereon; he would observe such moderation, both concerning the Electoral Dignity, and other things then required, and propounded, that in those things, which might be granted upon terms of justice, both the most Illustrious King of Great Britain, might see the good affection of his Sacred Imperial Majesty towards him, and also the often named Count Palatine, might easily apprehend the readiness of his favour towards him. That his Sacred Imperial Majesty, doth yet the more firmly continue the same gracious intention, and stand to the said declaration, the rather, because by the said Lord Ambassador, and former Letters, and Commissions, he hath been certified, of the good affection of the most Illustrious mentioned King, (who had no other than a fair and sincere intention, in all former treaties, and propositions towards himself and his Princely family:) to which will, and intention, his Sacred Imperial Majesty affirmeth he will be answerable, and so remain constantly, judging it fit, that the matter of which he had been pleased, once to have made a Treaty, should now also remain established. And yet moreover, seeing his often named Sacred Imperial Majesty, not bound by any Law, but moved thereunto by his mere Grace and Imperial mercy, and especially by his affection and love to the most Illustrious King of Great Britain, and the desired sight of their hereafter mutual Confederacy, hath already thus fare declared, and doth yet declare Himself: And also, the forenamed Lord Ambassador having opened himself, to this purpose, that it is not the intention, of his most Sovereign King, that the foresaid total restitution, should be made instantly; hence, his Sacred Majesty thought it fit, and believed, it would ensue, that the said Lord Ambassador, would not be unwilling to explain himself any further, than concerning the manner, of the desired total restitution, and especially touching the Electoral dignity, as also about those things, of which some hope was given to his said Sacred Imperial Majesty; to wit, how fare the said King of great Britain, would engage Himself with his Imperial Majesty, and his whole Princely House of Austria, and what he would, and might do for their benefit.  
To this the Ambassador answered, That, it appeared plainly, out of his own Imperial answer, that neither any of the King's servants, nor the King himself, in any of his writings, had made mention of such a league, no not so much as by word, or familiar discourse, unless some such thing, might be inferred, to have been spoken out of the bare Relation of the Count of Schonburg, the Imperial Ambassador in Spain; which nevertheless, 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 public ministers, should be inserted into public instruments under the Seal, and afterwards objected against them. But yet, what manner of Confederacy, and under what Conditions it was offered, by His Royal Majesty, it did plainly appear, both by the words and meaning of the writers and speakers; to wit, that, If his Imperial Majesty, regarding the intercession of His Royal Majesty, should restore the Electoral Palatinate, with the annexed dignity and liberties, and by this means lay the foundation of a general settled Peace in the Empire; then His Royal Majesty, would enter into a Covenant with His Imperial Majesty, and the Famous House of Austria, and with the Septemvirate and States of the Empire, for the obtaining of the Peace and general tranquillity, and the settling of it upon equal Conditions on both sides; and to defend it against all those, who should dare to impugn such a sacred agreement. Wherefore, he did humbly beseech His Imperial Majesty, that no such pretended League, might any more be objected to the most Illustrious King, his most gracious Lord, or him His Ambassador; nor might it be any more an hindrance, 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 john Taylor, Febr. 24. Anno 1636. saying;  
That he in his proposition, and first bill of remembrance, had plainly showed, that the declaration was of such condition, as could give the King no satisfaction, both because the things therein offered, were far inferior to His hope and expectation; in that the restitution of the most Illustrious Prince, the elector, His Nephew was included and circumscribed within the narrow compass of some one part of His Dominion (which nevertheless is not yet named) as also, because it is said, that his Imperial Majesty would acquit the Count Palatine Charles Lodowick of the Imperial Ban derived unto him by reason of his Father's trespass, to the end he might be received again amongst the Princes of the Empire, if He should fulfil the Conditions contained therein: When notwithstanding, it is manifest, that the most Illustrious elector, Charles Lodowick, is guiltless, and free from all offence, and born a Prince of the Empire; that the right given by God, by nature, and the law, appertains unto Him, and cannot be taken from Him, as might be shown more largely, if need required. Moreover, as the most Illustious King desires, thankfully to entertain the grace and clemency of His Imperial Majesty; so it would be altogether unjust, and reproachful both ●o Himself, 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 Imperial Bulls, and the fundamental Laws of the Empire, as most plainly 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 Imperial decree, real entrance, and solemn Investiture (customary in cases of this nature) be speedily restored unto their ancient Dignities, Fees, Possessions and Privileges: Then that they again should promise reciprocally, and do really, what such homagers and Princes of the Empire, invested, and admitted into possession, are bound and aught to do and perform, according to the right, custom, and prescription of the Empire. But in the behalf of his most Sovereign King, he doth undertake, and promise, that, if for His sake, this restitution be hastened, and done without delay; then His royal Majesty, should willingly perform those things which may plainly testify, His royal, and singular inclination towards his Imperial Majesty, the famous house of Austria, and peace of Germany, and that He should seal to all this, and confirm it, both in His own name, and the name of His Nephews, in public writings, and conditions; to which end, he hath already sent his Ambassador, with a sufficient commission, and ample power, to his Imperial Majesty, and the Princes of the Empire.  
To this the Emperor replied first by writing, and afterward by his Counsellors, viva voce; by writing in these words:  
That for the present, He held it needless to dispute of privileges; that, the authority of the Imperial Majesty, is undoubtedly grounded not only upon the common Laws, but the peculiar constitutions of the Empire, and the Decrees of the Golden Bull, and confirmed by very many, both ancient, and late precedents. That His Imperial 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 appear, whether there be any and of what value that amity is, which his Imperial Majesty hath formerly offered, and doth yet offer, to the children of the Count Palatine, and how much it ought to be esteemed.  
All which being truth, and seeing that his mentioned Imperial Majesty, hath declared himself both in respect of his affection, and inclination toward the most Illustrious King of Great Britain; as also in respect of his clemency, toward His Nephews, sometimes the children of Frederick Palatine, according to the manner, and under the conditions contained, in the often mentioned decree of the 24th of February: Therefore, he thinks it fit, and doth in all courtesy require it, that the said Lord Ambassador (if it stand with his liking) would come to particulars, and more plainly either by writing, or (if it please him) which his Imperial Majesty thinks more convenient) by conferring with his Imperial Majesty's Commissioners, to explain what the most Illustrious King of Great Britain would offer reciprocally, and intends to perform to his Imperial Majesty, for these like proffers; that so, as the custom is, in a fair equipage, it may be treated, agreed, and concluded, of things required and to be done on both parties.  
The Ambassador having received this answer, declared himself to be therewith nothing satisfied; and therefore desired, that his Imperial Majesty would express his mind more plainly and fully; and determinately and absolutely declare whether he had resolved to do any thing in this case, and what; and upon what Conditions he would restore in particular.  
He therefore having called his Counsel, upon the Kalends of September, commanded them to repair to the Ambassador, and speak unto him to this effect;  
That His Imperial Majesty, having weighed and considered all things, which aswell hitherto had been presented by the Ambassador, as also were necessarily considerable in this case, he would fairly, 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 be known, that the King of Spain, hold one part thereof, as a pledge for his great expense, in the execution committed to his trust; that the Bavarian hold the other part, upon the like terms; and now it was agreeable to reason and justice, that both these personages should receive satisfaction, before that they restored their pledges, and gauges: that His Imperial Majesty had dealt diligently with them both, and so fare prevailed with them, that they had consented to the Restitution, but yet upon this condition, that some profits and emoluments might be 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 be restored; His Imperial Majesty, of His mere favour, would abrogate His proscription, and receive Him into the State, and Degree of the Princes of the Empire.  
The second head concerneth the Electoral dignity. But because His Imperial Majesty, hath lately, freely, and absolutely disposed thereof, as a thing divolved to His Majesty and the Empire the Electours consenting and approving the Act, according to the prescript of the Laws, and Imperial 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 business is now established, confirmed, and unalterable, nor is it lawful to Treat of the restoring thereof, so long as any man of that Line shall be surviving.  
The third head concerns the Upper Palatinate. And of this it must be concluded, as of the Electoral Dignity; for those territories, and dominions were already delivered up to the Duke of Bavaria, in part of payment of the expenses, which that Duke had been at, in the Emperor's behalf, for the recovery of Bohemia. And now things being in this state, and His Imperial Majesty, having thus sincerely, and plainly, disclosed his mind; it is very requisite that the Anbassadour also should now declare what the King again will do, for the behoof and benefit of his Imperial Majesty, in respect of his Imperial grace, and good affection, and what manner of league, he intendeth to make with him.  
To this the Ammbassadour answered in few words:  
That he returned thankes to Caesar, that He would so clearly explain His meaning; for now it was sufficiently apparent, what the King (who did little expect this answer) might, and aught to hope for in this whole negotiation; but yet, he should have returned him more thankes, if this answer had come sooner, and presently upon his arrival at the Imperial Court, or rather, before he had come out of England, for then peradventure, there might have been a sparing of time, and charge, and there should have been no need of so full a Commission, and solemn Legation. That now his mouth was stopped, that he might neither go further, nor make any larger declaration, that now there was nothing remaining for him to do, but to certify his King of all the proceed, which he would do faithfully, and without affection; Caesar having liberty to do the same by his own servants, if perhaps, he did suspect that he would add to the truth, or diminish from it, by his relation.  
Two days after, he spoke with Caesar himself, repeating the message delivered unto him by his Agents, and his own answer, and that according to his duty, he would inform the King of all passages, by a speedy Post. His letters he dispatcheth to the King in England, feigning in the mean season that he would not stay to expect the return of the Messenger: thinking, that the preparation for his departure would move and incline the Caesareans (who perhaps were unwilling that he should departed the business undone, and the foil of the treaty broken off) to moderation and more reasonable terms: But all was in vain, time slipped away, and the Post in the mean while returned, bringing letters from the King to the Ambassador, by which he was commanded, that seeing there was no hope of obtaining the restitution of the Electoral Palatinate upon indifferent terms; to return home, and leave john Taylor in the Caesarean Court. When the Imperialists saw the Ambassador ready to departed, they used all means of industry and art, to detain him longer. And to this end the King of Hungary, the son of Caesar, who was newly come to the Diet, stayed the Ambassador's purpose of departing, by giving special hope, that he would procure, that the treatise of restitution, should be brought to an happy issue, and the Ambassador should have no cause of complaint or repentance, if he attended upon it a while longer. The Ambassador therefore thought it a point of discretion, to defer his departure for some days; as well, that he might try whether Caesar would deliver any terms more indifferent and moderate; as also, that he might not be justly charged, that he was too hasty, and refused to hear those things which to be openly propounded would be offered: But when the time was still delayed, the matter being transmitted to the advice of the Electours, whose opinions (as it was given out) must first be known, the Ambassador having twice or thrice called upon them for their resolutions, and seeing himself to attend in vain, went to the Electours, the King and Caesar, and bade them farewell, the 6th of the ideses 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 answer, as should come nearer to his demands. At Noreimberg indeed he received some letters, and amongst them, one to the Queen Elizabeth; but upon the superscription, there was purposely omitted the title of Electresse, and Princess Palatine, under a false pretext, that this title is not to be given Her by reason of the offence of Her proscribed husband. The Ambassador therefore with indignation, and words of anger, sent back those letters thither from whence they came. And surely, it is a matter of cruelty and injustice unheard of, never known amongst Barbarians, never practised in those bloody proscriptions of Sylla and Marius, nor under the Triumvirate, that an innocent woman, for the crime of her husband, (how heinous and apparent soever) should be deprived of the privileges, goods dignities, and titles, which she had, and enjoyed before the offence done; according to the daily practice (so it is presumed) of the Caesareans, against the Queen of Bohemia, whose dowry is not only 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 nevertheless on the contrary part, it is alleged, that her husband was never convicted of the crime laid to His charge: and yet, unheard by Caesar, (in his own cause) undefended, not called, He 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 news of the answer promised to the English Ambassador. At last a paper drawn 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 Imperial Majesty, as soon as He knew the chiefest difficulty which hindered this negotiation, from the desired effect of their more near alliance, and confederation, depended on this, that the most Illustrious King desired some more ample satisfaction, concerning his Nephew in point of the Electoral dignity, had not intermitted, with much care to seek, and find out all those means, which were requisite for the passing of that difficulty, by conferring of that business both with the Illustrious Electoral College, and with them, who were more particularly interested therein, and without whose consent (His affairs being as they are) it stood not with the integrity of His Imperial Majesty, to conclude. When therefore, some means were discovered, which gave some hope that the foresaid difficulty concerning the Electoral 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 Britain, his Roman royal Majesty would omit no time to signify so much to john Taylor, Agent in that negotiation, for the King of Great Britain, and lest there to that purpose, who should acquaint his King therewith as soon as might be, and 〈◊〉 knew how to provide, that a sufficient Commission, to retreat, and conclude this business of restitution, and confederation, might be transmitted to him with all speed, or given to some other, who should be sent over for that dispatch.  
And this is a brief and compendiary Relation of those things which have been done, spoken, and written on both sides in this solemn Embassy. But now for the easier understanding of the consequents, it is first to be observed; That the English Ambassador, in the beginning of his Legation, in the first proposition, and again in another declaration to the Emperor, 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 showing that the Conditions therein prescribed, were, far beneath 〈◊〉 hope and expectation, which the most Illustrious King of England conceived, of the entire restitution of the Palatinate; that is, as well of the Territories, as the Electoral Office; and therefore might give just cause of doubt, and diffidence of success in the business, and of superseding his endeavour by dispatch of his Legation, unless that otherwise (and that by Taylor himself, to whom that decree was delivered) a more ample, better seasoned, and firmer hope and caution were given in the name of his Imperial Majesty, of a firm 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 Ambassador, for such jeiune and frothy Conditions; so full of dishonour and prejudice, as were contained in that writing; for unless He had a better and more certain foundation of His hope, and been induced by other arguments and persuasions, he would have spared His expense in so honourable a Legation.  
Besides; it is to be considered, that the Emperor in his first answer which he gave the Ambassador at Lintz, the 30. day of june did silently acknowledge; that, that hope proceeded from himself; because, that then he neither contradicted it, nor excepted against it; and further, by his silence allowed that exception which the Ambassador, the 18 of june, had propounded against the said Decree of the 24. of February, and acknowledged it to be grounded upon truth and reason. But afterward, when he so confidently contradicted it, adding withal that He wondered upon what ground the Ambassador supposed, that he administered hope either of more ample grace or fuller restitution, than what was contained in the often remembered Decree; It was a sign that he resolved not to vary from his first determination, whatsoever any others might say, or believe to the contrary.  
And now it is worthy your labour to consider, and inquire 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 kindness, and then under what conditions, they were to be exhibited, and of what quality those things are, which are again required to be performed, by the King, and Charles Lodowicke the elector, in acknowledgement of so great a favour.  
First, the Emperor offers to absolve Charles Lodowicke from the Imperial outlawry, which is derived upon him for his Father's offence, to that end and purpose, that he may be received to the state and degree of a Prince of the sacred Roman Empire: A goodly favour (questionless) for him, who is a Prince borne, and by the law of the Empire, his own privilege and right of Primogeniture, an elector; that not by his father's favour, and the way of inheritance, but provision of the Law, and Covenant of the first Atchievour, and by the privilege of his family doth succeed into the Electorate: If he accept this offer of Caesar's, in that sense it is proffered, he is forced to acknowledge, and confess first; that the over hastened 〈…〉 Ban against his father, was lawful and just, and promulgated according to Law. Secondly, that the same proscription standeth also in force against him, no otherwise than if he himself had been proclaimed a proscribed person, and had need of pardon. Either of which he could not do, but with prejudice to his most manifest right, and by branding both his blessed father, himself, 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, whilst by his silence he should in a manner acknowledge and confess him to have been a rebel, enemy, and traitor to his Imperial Majesty, and therefore lawfully proscribed; as also because he is persuaded in his conscience, that his father is wronged and the Ban denounced against him, is unlawful and of no validity; and if it had been decreed, and pronounced legally, yet it cannot reach his own 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 feudal and fundamental law. For a proscription, as, Andraeas Gailius (a great Civilian, and lateral judge of the Imperial Chamber, Counsellor unto two Emperors, and sometimes advocate for the Duke of Bavaria saith, & proveth, Lib. 2. de pace publica. obser. 15. num. 19 is personal, and dies with the person. and obser. ultima. n. 32. the Ban (saith he) expires with the death of the outlawed, per L. the crime, or punishment of the father can lay no blemish upon the son. 26. & ibi. Nor can he be made successor of another man's offence. D. de poenis, & per L. defuncto. D. de publicis judiciis. & per L. 1. & final. C. si reus vel accusatus morinus fuerit add L. publica. 3. D. de publicis judiciis, & allegat. infr. Secondly, he should be compelled to confess and acknowledge, that he is no Prince of the Empire, because he hath need to be admitted into that order. But they who do not esteem him for a Prince of Germany, that is, of the Empire, must needs praesuppose him, either to have been a bastard, or sprung of some obscure Race, and that his Parents were not Princes, unless, they would call him a Prince of England, or Spain, or France, or some other Empire: but this is false (unless that he may be deservedly styled a Prince of England as being a Prince of that royal blood) as the other is diabolical. The rights of blood (inquit lex) cannot be taken away by any Civil Law, by which the outlawry is brought in, L. jura. 8. D. de regul. juris. L. jus agnation. 34. D. depactis. The son of the proscribed Prince of Anhalt, though taken prisoner in the battle of Prague, never needed to be restored again to the dignity of Princes; but ever, even in his captivity because himself was not proscribed nor could the Ban of his Father, by any law, be of force against him, he was always accounted, and called a Prince, even by Caesar, and the Imperialists though, his Father was not yet discharged of his proscription; So also, the sons of john Fredrick, Elector of Saxony, were accounted amongst the Princes, and acknowledged for Dukes of Saxony, and so styled, though their father, was then proscribed, and in captivity. And now, who can deny that the children of King Frederick, the Count's Palatine, that is, Princes of the Empire, should be acknowledged, for personages of that dignity? The Emperor himself calls them by no other name, nor otherwise can he call them. But it is sufficiently known, what it is to be a Count Palatine in the Empire, and sprung from the Electoral house of the Palatine. This name and title belongs to no other man, nor is given to any, but him only that is a Prince: To be styled the Count Palatine, and reckoned amongst the Count's Palatine, is all one as to be a Prince of the Empire, in such a rank, and degree as by the order of the Empire is granted, to the Count's Palatine, which are the first and chief amongst other Princes. The title of Count Palatine is of a higher esteem in the Empire than that of Duke and Prince. And therefore in the marshaling of their titles and dignities, the Princes Palatine prefer the name of Count Palatine before the title of a Duke. Are not the Children of King Frederick, sons to the Niece of the King of Denmark, by his Sister? Are they not Princes of the royal blood of England? If they had nothing else to show, but this prerogative of birth, and the splendour of their father's lineage should add 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 Grandmother, and their Great Grandmother, all, both Queens themselves, and Kings daughters, for any sentence against their father? And therefore, by what law, or ground is it ordered that Charles Lodowicke, the elector, borne Count Palatine, and that, little less than three years before his father was proscribed, should need to be restored into the number and degree of the Princes of the Empire? It is great cruelty, to compel the son by his own confession, and acknowledgement, to judge and declare his own father, whom in his soul and conscience he doth conclude guiltless, for a Rebel, Enemy, and Traitor to Caesar: but, more cruelty if he be constrained, and enforced, to confess himself an offender, who is no way conscious, of any offence, nor by reason of his infancy, could do any, and so deprive himself of his privileges, dignity, and prerogative of his parentage.  
But it being granted (which can never be proved) that the father was a most heinous offendor, and had committed rebellion, and treason, in the highest degree, and was therefore justly condemned to banishment, and deprived of all rights and privileges, yet this sentence ought to be no plea in bar, against his children, conceived and borne before sentence of their father's proscription, especially, in those things, which concern that dignity, which was borne with them, their privilege of nobility, 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 forefathers, and by the disposition of the Law; as are the Electorate, and the Principality of the Empire, that is, the royal, ancient 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 son, saith he, comes not in as a common heir; but by right of blood which is unchangeable. & in c. 1. § finali. Evae fuit prima causa benefic. amittendi. By birthright (saith he) form of investiture being set down by the Lord, from the tenor whereof there must be no variation) the son succeedeth in the fee. julius Clarus prime Chancellor to the King of Spain, & regent in the province of Milan lib. 4. sentent. feudum. q. 66. proveth that the crime of the Father doth not exclude the son from the ancient 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 father's trespass; upon which Baiardus noteth, that the Father's 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. Add hereunto Boerius who decision. part. 1. q. 10. n. 6 affirmeth that the sons for the Father's offence cannot be deprived of the estate settled upon them before the offence done, that the sentence hath no force against them, which are borne before, but only 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 trespass done, Add also Covarruvias, 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 ensuing laws are most remarkable. l. 3. D. de interdictis, relegatis & deportatis. Those estates which descend not from the father, but are given by the Lineage, the State, and the nature of the things themselves, remain undestayned to the children, though the father be banished or proscribed. l. 2. c. de libertis, & eorum filiis, it is said expressly, that the faults of the parents cannot impeach those children, which are known to be borne, whilst their parents were at liberty. l. Emancipatum a patre 7. §. l. & 2. §. D. de senate. 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 Son of a Senator; for the time of conception is to be respected, & §. 2. in d. l. it is said, that the dignity of the Grandfather, doth more avail, than the fall of the Father can hinder the son; and l. filium familias. 9 D. eodem. An acquired dignity, cannot be taken from children, for the father's 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 son, do lose his dignity, the son shall not lose his. Also. §. 4. That he who shall be borne after his father's banishment, and proscription, if he was conceived before it, shall be reputed the son of a Senator. Feudall goods, saith Andraeas Gailius l. 2. the pace public. observe 25. n. 33. (the proscribed person being dead,) ought to be restored, to his sons, and other kinsmen; because the offence of a father and a kinsman, cannot praejudice the sons 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 heirs 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 be no impediment. But of these things we have discoursed fully, at large, and purposely, in our book Devindicius causae Palatinae, whether we refer the reader; in the mean time it is to be detested, that every common person promiscuously, though of the lowest rank, doth enjoy the benefit, and may be secured by these laws; yet the children of Princes shall be denied 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 be. It only depends upon the interpretation, and judgement of the Imperalists, whether, it be 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 elector, they will esteem a small portion to be a great one. But that peradventure, will be so small, and contemptible, that it will be ignominious, and bring great prejudice upon the King and the elector, to accept it. Indeed, by the last declaration, which was exhibited to the Ambassador, it appeareth, and is to be plainly seen, that both the Electoral dignity, and office, the chiefest, and greatest thing appertaining to this restitution; and also the upper Palatinate, a portion, equal to that which is left to be restored in the lower Palatinate, is divided, and separated from restitution, for, there it is said, that neither of these must be mentioned, or hoped for, as long as any of the Bavarian Line is surviving. Only, 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 be restored under certain conditions, when those Bankers are paid. But this part, (if you take from thence the Signiories belonging to Lodowicke Philip Duke of Symmeren, the Electours father's brother, and the goods assigned to the Electresse Lodovica Countess Palatine his Grandmother, and the Queen Elizabeth widows, for their dowries it would be very small, and of little estimation. But if you also divide from thence the fields, grounds, Cities, and towns given, granted, and delivered to Leopald of Austria, the Bishop of Mentzes, Wormbes & Spiers, the Master of the Knights of the Teutonicke order, the Landgrave of Darmstar, & others, it would be far less: for of these, there is no mention made by Caesar, and therefore 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 epitomised portion ought to be delivered. This aught first to have been agreed upon; for it might easily come to pass, that such intolerable, unjust, and unlawful conditions might be prescribed him as the elector with his honour, and conscience, could not condescend unto, which might as well impeach the received religion, the Church discipline, and state, as the form of administering, and governing the Commonwealth, and restrain them, to new and stricter laws. Questionless the Spaniards, and Bavarian will never deliver up, what they hold by strength in the Palatinate, unless 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 enhance, at their pleasure. The Spaniards indeed, as formerly they have pretended, desire a promise, and performance of a league, and help from the English against the Dutch, and French, and the protection, and convoy of their own navy, threatening withal, that they will not, otherwise, restore their part in the Palatinate, but upon these, and the like conditions. The Bavarian, who (as Demosthenes speaks of one) regards nothing else, but how he may still get more, will crave a sum of money, and that no small one. Therefore this part, whatsoever it is, will cost dear, 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 Country, the ruin of their Villages and Towns, and the dwelling houses burned to ashes be considered; it may be accounted of no value, or estimation.  
It is further also to be considered, that the Prince elector, without prejudice of his right, and the violation of the fundamental law, cannot consent to any partition, or acceptation of some one part: because in the Golden Bull, by a special decree, in diverse places, and in emphatical words often repeateds all division, distraction and dismembering is forbidden: and it is also confirmed by a royal decree, that the Electoral dignity, shall be so conjoined, and connexed to the Territory of the Palatinate, that the one by no means may be ever severed from the other. If therefore now he should accept of any part, by way of partition, and division, he must consent and also acknowledge, that the Electoral dignity, may by some means, be separated either from the whole, or part of the Palatinate, which yet he cannot do, without prejudice of his title, and entire restitution, unless perhaps, some integral part; that is, the whole lower Palatinate, to which the dignity is annexed, should be restored; nor that neither, but with this condition, that his title and hope of obtaining the rest, may still abide entire and uncontroverted. For, then the partition and division cannot be said to continue perpetual, but rather a suspension of the entire 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 answer, but by other declarations and often experience.  
Thirdly, the Emperor 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 Emperor into England, hath plainly declared; but not to be extended to the whole Palatinate, and the Office of Arch-Sewer thereunto annexed. But the Prince elector, 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 general, principal, and simultaneous investiture, which of right belongs to all the males of that Stock: in respect of the whole Palatinate, the coherent Dignity, and the dependences c. nun praesumt. He, that is not comprehended expressly in this common Investiture, can pretend no Title of Succession and obtaining the Palatinate and Electoral Office. There is none of the Count's Palatine, but may ground his Title, and hope for succession in the Palatinate, and the Electoral 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 settling in possession. Mysing. cons. 64. n. 10. and hath the force of a Contract, or rather is a Contract of itself, Menoch. cons. 101. n. 28. Consil. 103 n. 53. and thereby the sons and kindred have a firm title and assurance, which, without their own 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 behoous the Prince Elector to deal warily, and circumspectly in this business, by endeavouring to obtain the Investiture; that is, the renovation of the ancient and common investiture, used in the Palatine family, for himself, as the head of the family, and his brethren and kinsmen; no way permitting that the Investiture may be omitted, or himself, or the rest which are to be invested, be passed over.  
Fourthly, the Emperor offers, that when it shall come to a Treaty, concerning the Electoral Dignity, and the other postulates, he will observe such moderation, that in those things which may be granted upon reasonable Conditions, both the most Illustrious King, may know some signs of the good affection of his Imperial Majesty towards Him, and the Count Palatine may find the inclination of his favour towards him. But it is to be observed; That, this Caesarean supposition, is already canceled and abrogated by his own two last answers. For, in them it is said plainly, That the Emperor's disposals of the Dignities and dominions of the elector 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 always 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 plainly 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 plainly and clearly delivered in the other last answer; where his Imperial Majesty doth confess and most plainly show, that he hath granted, (not only to the Duke of Bavaria, but also to the Line of William) as well the Electoral dignity, as the upper Palatinate, by an hereditary right; and therefore no treaty concerning their restitution, so long as any of that line survived, might be admitted. By this than it appears plainly, that the hope of obtaining the Electoral dignity, and upper Palatinate is not only cut off from ●he branches, but from the very stock? With what confidence then, upon what ground, by what pretence, can the treaty about the restitution of the Palatinate be continued? Indeed it was afterward signified that upon advise with the Electoral College, which was interessed in the matter, some means were discovered by which hopes were given, that though the Bavarian line of William was yet in being, the difficulty, concerning the Electoral dignity, might be over passed, and some more ample satisfaction given to the most illustrious King of great Britain. 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 probability, but tend merely to ensnare and illaqueate with vain and empty speeches the King of Great Britain, and all those who are interessed in the Palatine cause, that they might not proclaim war, take hold of occasions, and so join 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 be proved by many examples. Indeed their Legates have learned this lesson so perfectly, that amongst foreign Nations, they have not undeservedly gotten, the name and fame of great politicians.  
But (I pray tell me) what means can be found, that satisfaction may be given to the right, and most just claim of Charles Lodowicke the elector, his brethren, and kinsmen on the one side; and the ambition, and insatiable desire of the Bavarian on the other? Only one must be elector, and keep that dignity; two cannot sit in that seat of justice, nor perform the office of one man, nor speak with one tongue, nor give one vote. The seven Electours, like seven pillars, support the state of the German Commonwealth. If there be more or fewer, the Symmetry and bulk of that building must needs fall. The Golden Bull, which is the Royal fundamental law, and princely decree, admitteth only of seven, and to each of them assigns, and prescribes his office, principality, and power, to which the Electorate is annexed: hence also, it styles them the seven candlesticks, the number of which can neither be augmented, nor diminished, without dismembering and subverting of the body of the Republic. If there were more, as nine, or eleven, (for the number must naturally be uneven, lest the voices being even, there might happen a division, and schism 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 settling 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 Emperor, though with the consent of the Electours; unless by overthrowing the laws, that is, by racing the foundation, he would pervert and ruinated the state and constitution of the Commonwealth.  
But if it should happen, that nine Electours should be created, how can they be marshaled in their proper ranks and order? (the Palatine surely will not suffer himself to be displaced, and put by of his right and possession, confirmed, by the custom of many ages, by the fundamental Laws, and by the consent of so many Emperors, and all the Princes; because he cannot do 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 publicly appear, that He is justly deprived of his ancient and acquired right, and prerogative which time out of mind did appertain unto Him, among the Electours; and accept it as a great favour, that he should be admitted as a new creature, and an elector upon the instance of entreaty: when yet with less disparagement and indignity He might better renounce the whole Electorate, than consent unto so dishonourable a change of precedency and order, into the lowest rank; which would be a sign of a foolish and pusillaminous ambition. The Bavarian likewise, will by no means suffer himself 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 Arms; and which he hath snatched away by force, and conferred upon his family. Although a new elector ought to sit in the lowest place, and not to be esteemed of higher eminency, than any other; and yet such is his ambition, and so high are the thoughts of his aspiring mind, that he makes no bones to contend for principality, not only, with the Electours fare more ancient than himself, but with Caesar himself also, as appears, by the experience of many former years, when he 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 Emperor's Rodolph, and Mathias, he contended with the Archduke's of Austria, for the first and more honourable place, he did ambitiously affect the title of sovereignty, 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 chief of their family, made some scruple, to give place to the Archduke's of Austria, (which were not advanced to regal, and Imperial dignity) in the assemblies, and parliaments of the Empire, professing themselves to be more ancient Dukes, and that it was unlawful, for the Emperors derived from the Austrian family, to prefer their posterity before the Bavarian family, which long time had enjoyed the privilege of the chief seat, (by making them Arch-duke's) because also, the Duke of Bavaria (as the more worthy held the prime collateral place amongst the secular Princes, and subscribed to, and signed the Decrees and Laws propounded and confirmed in the Parliaments by the Princes; when the Austrians, who disdained to be placed inferior to the Bavarian, did sit collaterally with the Priors, Prelates and Ecclesiastical persons. But yet never any of the Bavarians did stand so much upon it, and prevail so fare in it, with such eagerness, ambition, and better success, as this modern Duke; who above all the rest, endeavours to preserve the ancient splendour and dignity of his Family.  
But they say it is probable, and there is some hope, that the Bavarians my be persuaded to consent to a covenant of alternation, on this wise; that after the death of Maximilian the Bavarian, now possessing it, the Electoral Dignity and Office, may be performed and held by exchange of turns, 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 only to circumvent and ensnare the minds of the credulous. For the Bavarians now being powerful, and having their estate settled, and withal, of eminent authority and grace in the Empire, are so fare from condescending to such a Covenant, that they will not connive and permit, that the controversy 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 judge, as they have openly and with great earnestness 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 Emperor so fare, that the Palatines of Rolerts' Race shall still remain 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 be compelled to renounce all their title, and give a caution, that they will move no more for that cause hereafter in the Empire: which unless they do, 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 soon as occasion and supply of means shall favour them (both which upon their reentry and restitution to their dominions they will provide and obtain) they will not be quiet again, till they have chased the Bavarians from the Electorate, as the sons and grandchildren of Rodolph have done, who have broken the transaction, and covenant for their alternal function of the Electoral office, concluded of in the Papian treaty, and by force and fraud have thrust out the children, and posterity of Lodowicke the Bavarian Emperor 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 war, and by consequent, the empire, and the Commonwealth, should enjoy no secure, and firm peace, but be disquieted with perpetual fear. Thus they conclude, and (as they judge) determine, what they had advised of, and decreed from the beginning. And hence it came to pass, that with much subtlety, threats, and Oratory they have not only procured the perpetual 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 dishonourable peace, but, have also compelled the Emperor, 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, go to, let them say, and make oath, that they would consent to this alternation, and successive execution by turns; is it tolerable that Charles Lodowicke, an elector borne by his own birthright, and by the law, provision, and tradition of his Ancestors; and that his brethren and kinsmen, for whom this right was procured, should condescend to such a condition as would both bring scandal to Himself, and his Country, and also infringe their ancient privileges, and prerogatives. With what credit, with what honesty, with what pretence can he be induced that he should enfeeble, lessen and divide his own Right and possession, which hath been ratified and established by the preterition of so many ages, by the Confirmation of so many Emperors, in a word, by the approbation of all states throughout the whole world (who have lived since the first time of settling of a Commonwealth) & that for the favour of a most ingrateful and dangerous Family? Who can endure, who would not stomach and storm, if he should see the Palatine Princes, who formerly have been so careful to preserve the ancient laws and ordinances of their Country, who have adventured to undergo any hazard, though it were of life and state, for the maintenance of their liberty of the Golden Bull, and other constitutions and fundamental decrees now so dishonourably and unadvisedly to dissolve 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 Emperors, by the inviolable custom of so many years, as an evil precedent, which might tend to the decay and ruin of the Empire, would foster discord and difference amongst the Princes, and be an occasion of continual broils and tumults.  
From these things (which yet have been but only touched) it doth appear what may be judged of those means which are propounded for the overcoming of that difficulty, concerning the restitution of the Electoral dignity: for, whether the succession and execution by interchangeable turns be propounded, or whether two new ones, to be added to the seven Ancients be resolved on, both the one and the other is not to be entertained, because it cannot be effected and brought to pass with any reason, security and profit. Let them therefore speak, promise, offer, or swear what they will, it is certain and manifest, that Caesar, the Bavarians and their associates, will never receive Charles Lodowicke the elector, or his brethren, and kinsmen unto their ancient state of dignity and fortunes; nor will they permit them to attain to any power, which may be any ways formidable unto them, lest when occasion serves, aid 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 clear and evident, that all labour and time is spent in vain, ●●●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 Electoral Palatinate, with the dignity and septemvirall Robes should be entirely restored upon equal terms. Some other policy therefore must be thought of some other course must be taken, some alteration of times is to be looked for, that so these invincible spirits, puffed up with the success of their affairs, and grown insolent with their long felicity, and inveterate authority, may at length be made to know themselves, and brought to more mild and moderate counsels.  
And these are the proposals which are offered by Caesar, and willed to be accepted as a special grace and favour of the Emperor, and which are (by them) esteemed to deserve a more near tyall of familiarity and league, with other offices of love, betwixt the King of Great Britain 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 Emperor towards Him, and his clemency towards his Nephews; may be granted.  
The Conditions, I warrant you, are expressly set down 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 do humbly sue for the benefit of reconciliation, by humbling and submitting himself to his sacred Imperial Majesty in a submissive manner as beseemeth him. Here the elector is enjoined to stand and confess himself to be guilty, and by his own fact declare publicly, that he is not innocent, but that he hath offended his Imperial Majesty to whom he ought to be reconciled. A reconciliation doth presuppose an offence: But in what did he ever offend the Emperor? Whether, because he came into the world? whether, because he liveth? whether, because he was in his minority and could injure no man by reason of his infancy? whether, because he is descended of the ancient and Royal stock of the Palatines, and borne of a Queen his mother? whether because he had a father who was elected King of Bohemia? whether, because he was brought up at Leyden, and applied himself to the studies of Arts? whether, because he was quiet, and did forbear Arms? whether because he following the council of the King his Uncle, was not a Party? whether because he humbly and submissively desired his restitution and investiture of Caesar? Whether, because he hath tendered him all obsequy, and observance? Whether because the King his Uncle in his behalf did send an Ambassador to the Emperor and his Electours? whether because by the daughter, he is the Grandchild of King james, and by the sister, the Nephew of King Charles, and the Nephew's Son of the King of Denmark, 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 show 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 he must needs 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 Himself, or haply His Father, hath made with any Kings or States whatsoever, as well within, as without the Empire. Hear he is enjoined to bid farewell, for ever, to all Assistants and friends; and solely to rest upon the mere favour of Caesar, and to lay the foundation of his hope and fortunes upon those uncertain and doubtful propositions. But, by this means, he should not only injure, and be extremely ingrateful 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 Courtesies and friendly offices; but also, he should deprive himself 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 wisdom nor safety to leave certainties with dishonour, and prejudice, both to Conscience and Credit; and to turn unto uncertainties which are both hurtful and infamous, with disgrace and ruin. How miserable would be the condition, I will not say of a Prince, but of a Peasant, who must suffer himself to be bound to so hard and unjust conditions, that he should quite disable himself of all hopes of using occasions & favours of his friends? There is no example extant, in which, so general, absolute, and indistinct renunciation of all leagues and covenants, hath been required of any Prince of Germany, who hath hitherto been 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 be made with His Imperial Majesty, the King of Spain, and the whole House of Austria. Hence it is collected, that yet there are some other conditions to be exacted of the elector, 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 Britain, with the whole House of Austria, and many other offices, emoluments, and assistance to be granted according to the arbitrement and disposeall of Caesar, and the Spaniard; and then, the Emperor promiseth He will perform his propositions.  
These are things which the Emperor offereth, and the conditions upon which they are offered. And now if these offers be considered by themselves, and in their own nature, without the conditions annexed, they are such as will not only bring no honour, profit and benefit, but rather ignominy, loss, and prejudice to him that accepts and consents unto them. They are also unbeseeming the greatness of the Imperial Majesty, willingly and yet hardly, offering so small things, with so great exaggeration, and as it were exprobration. Moreover they are fare 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 kindness showed to the Austrians, his own friendship and confederation with them, if the moderation, which Himself, and the King His Father, have manifested in the behalf of Caesar, and the House of Austria, in the midst of these combustions; if the continual profits, which the Spaniards get by England, could procure, obtain, and merit no more than some one part of the Palatinate, not to be contemned. Surely, these men either make small account of the desert, league, society and friendship of the King, if they think it may be recompensed with some shall portion of the Palatinate, already exhausted, and utterly ruinated; or else, they value that portion, and the favour of the Emperor at so high a rate, that the friendship of so potent a King, and his assistance, may not be compared with, or preferred before it. The whole Palatinate, with the Electoral dignity, and all the revenues therereof (especially in the estate that now it is, where there is nothing beautiful or solid in it,) cannot be so profitable, either to the King, or the elector his Nephew, as at this time, that sole Friendship of the King, sitting still, and carrying himself as a neutral, is to the Austrians.  
As the puissance of no King, Prince, and Empire in the world at this day, can be compared with that, by which the most Glorious King of Great Britain at this time excels and exceeds others; so there is none which is so formidable and more to be feared than that is, which is alike fatal to the Austrians and Spaniards. The Kings of England, from time to time have been very powerful, and for their commodious Situation of the Island, and their command of the Sea have been ever to be feared. But none of them did ever attain to that height of power, to which King Charles hath now ascended: who with one breath rules and governs three, the most powerful, flourishing, and populous kingdoms, abounding, in the superlative degree, with all things necessary for peace and war; and (which is the chiefest, and of most importance) hemmed in with two great Lands, not without great difficulty to be entered: who with an unconquered, and continual Navy, is Admiral of the Sea, and by most strong Garrisons keepeth the channel, and as he thinketh fitting, right, and necessary, doth either open or shut it as his pleasure: who hath assigned certain annual and continual revenues and profits, to maintain a Navy, and now and then to repair it with new supplies: at whose beck and will (if he please to command, and use them) all the Navies in the German Ocean, in both the Balticke-seas, in Denmark, about the coasts of the netherlands, and Sweden, are ready, and will hoist up sails: who enjoys a most firm peace, and encompassed about with a numerous Of spring, reply & rests upon many props, and stays: who goeurnes a most obedient people, that accustom themselves to observe his commands with a willing mind; who hath the command of a most warlike Nation, and most valiant in their undertake of Arms both by Sea and Land: who hath in a readiness some Myriad of most skilful Mariners, & approved Pilots; who is neither terrified by fear or suspicion 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 be invaded without danger to the attempters: who can wage war against other Princes, with profit, and without danger; and prevent and suppress, in the very beginning a war that is made against him, before it comes near 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 man's right, provoketh no man unadvisedly, but only endeavoureth to keep and maintain that which is his own. For, such is the justice, piety, and integrity of this great Monarch, (for he hath these graces, which are the supporters of his royal throne, amongst others, proper and engrafted in his royal breast) that, he will keep 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 Arms for profit, and by violence; but with necessity, and mature preparation; preferring the security and safety of his people, before his own private revenge or desires.  
That the Spaniards, at this day, keep possession of Flanders and the Netherlands; that they have free ingress, and egress, to their own shores, bays, and havens; that they can trade and traffic with their so far distant and remote Kingdoms; that they can send their money, by letters of exchange, to maintain their Armies; that they can take up, and bring fresh soldiers 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 joined 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 been turned out of the Netherlands, and been beaten by Sea, and enforced to retire into their ancient Caves and Dens beyond the Pyrenean mountains.  
Hence than it is manifest, how needful and behooveful it is, for the Spaniards and the Austrians, to have for a friend (or at the lest no enemy, but a mediator both of Peace and War) so potent a Commander of the Sea. They ought therefore carefully to take heed, that they do not alienate or estrange Him from them; that they move Him not to wrath, displease Him, or stir Him up against them. For if they should have the King their Foe, and Enemy (the truth is) they would soon be reduced to order, and forbear their pillaging and invasion of other Kingdoms and Empires; and be compelled to alter their purpose of an universal Monarchy throughout Europe, being scarce safe in their own houses and country; and altogether unable to maintain themselves. If the King would, but at the least, prohibit, and hinder them from coming upon the Seas, from using of traffic and navigation; their power and strength would soon come to a strait: For He might, if He thought fit to undertake it, in a short space of time, and within one year, chase them off from the Ocean, like that great Pompey, who within the space of three years, scoured the Sea of all Pirates through the whole Roman Empire. If any one do 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 only, not given satisfaction to the most reasonable and just 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 heroic spirits is slow and tardy in the beginning, so it is fell and vehement, if being overmuch provoked it shall move itself 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 Kingdoms and Provinces.  
Now if Caesar's propositions be looked upon, as they are attired in the vestments of the annexed Conditions; they are to be reputed still viler, base and more opprobrious. I pray you, what favour is this, which tends to trouble & disgrace, & withal, is to be bought at so dear a ●ate? Briefly, every man may see, that this is intended chief, That both the most Illustrious Palatine family, most observant of their liberty, and the ancient Ordinances, may be utterly oppressed, and continue in perpetual infamy, that it rise not again; and that their friends and abettors may be circumvented and hindered from taking of Arms; and that they may not, upon the occasions and moments of time apprehended, associate themselves with the eneenemies of the Austrians.  
last; it must be given you to understand, that The Emperor, in his last answer, which he did likewise in the former, pressed the Ambassador, to descend to particulars; and more plainly, either by writing, or, if it pleased him, (which his Imperial Majesty did judge more convenient) by vocal conference, with his Imperial Majesty's Commissioners, to explain what the most Illustrious King of Great Britain doth offer, and intent to perform, to His Imperial Majesty, in exchange of these fair offers; that each Party proceeding in a fair equipage, (as the custom is) it may be treated, agreed, and concluded concerning the Propositions demanded; and the Conditions to be performed on both sides: which His Sacred Imperial 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 only of one part, but of the whole Palatinate, with the Electorate; and so the foundation of an universal peace should be laid: Then He would make a league with the Emperor, and the whole House of Austria, and the Princes of the Empire, to begin, settle, and continue a peace.  
A very good, and most fair requital! 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 Ambassador should remonstrate, and show in particulars, with what covenants and conditions, the King of great Britain, 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 Arms, money, or shipping, He did intent to covenant, and perform. But the Ambassador, as a wise, and circumspect man, thought it neither reasonable, just, nor honest, to go further, in answer of things particularly, before the Emperor would come nearer to his demands, and plainly declare, whether he would consent to the whole, and entire restitution, as it was required; or at least, what part, and upon what terms, he determined to restore, giving hope, and promise, that the remainder likewise in short time should be surrendered.  
Those offers, which were made and propounded in the name of the King, were not only honourable excellent, and beseeming such a magnanimous King, most desirous of the public peace; but also most necessary for settling a peace in the whole Empire: to this add that, the King (not bound thereunto by any obligation) offered these things merely, in testimony of his good affection. But those propositions obtruded and thrust, as it were, upon the King, by the Emperor, are uncertain, dishonourable, unworthy, imperfect: such as are neither answerable to the King's 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 pass by that, the Caesarean Majesty, both in respect of the innocency of the Princes, that are to be restored, in respect of the justice of the cause, and in respect of the public good; that would have ensued, was obliged to fare greater conditions, namely, to the entire restitution of the Electoral dignity, and dominions.  
And yet, if he had come somewhat nearer to the just, reasonable, and so often iterated demands of the Ambassador, and had passed over those ignominious conditions which he prescribed to the elector, by consenting to an honourable restitution, which might have been accepted, without prejudice, and with safety; and withal, had propounded noble, and honest conditions, upon which he would have granted a restitution: then the Ambassador knowing how much the favour, and benevolence of Caesar would merit, had been ready to proceed further. But the drift of the Caesareans, was first to know, what they might certainly and particularly expect from the King, whether any, and what provision, of Arms, money, or shipping he would grant unto them: and all to this end, that if they perceived, it would not answer and much conduce to their purposes, then, it might be lawful for them to go back, and dismiss the Ambassador, 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 Emperor's decrees in the Palatine cause, do sufficiently declare, what is to be hoped for in the integral restitution of the dominions and dignity. By the decrees of Prague it appeareth plainly, that, there were certain private and secret contracts, between the Bavarian, and the Emperor, by virtue whereof, the Electoral dominions and dignities were not only given, granted, and confirmed to the Duke of Bavaria, for term 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 Majesty hath determined, both concerning the Electorate & dominions thereof, in the behalf of the most Illustrious Duke of Bavaria, and the Line of William, and otherwise; as also, what he hath ordered, concerning the goods of certain Palatine Administrators, they shall abide firm, and ratified; yet so, as it shall be lawful, for the widow of Frederick the fourth, sometimes, Count Palatine of the Rhine, to enjoy her dowry, so fare, as She can make it appear to appertain unto Her. But for the children of the proscribed Palatine, when they shall submissly have humbled themselves (as it beseems them) to His Caesarean Majesty, some Princely allowance shall be appointed to them, not as a due, but as a favour; not that they can claim it as their Right, but as it proceeds from the grace of the Emperor.  
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 only 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 merely provisional, and for term of life. The most Augustine Emperor (thus he writeth Cap. 4. n. 24.) hath cast the most just and deserved thunderbolt of proscription of the Ban, upon the rebel Frederick, and thereby declared him to have lost all his Privileges, Honours, Goods, and particularly, the Electoral Dignity, with the Dominions thereunto annexed. Secondly, that he hath adjudged the said Electorate, for Felony done by Frederick, to be devolved to himself, upon mature hearing and knowledge of the Cause, examining withal, 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 persuasion of the Pope, really, and for ever transferred the said Electorate, together with the Privileges thereunto annexed, unto the most Illustrious Prince, Maximilian Duke of Bavaria, and the whole Bavarian Family (notwithstanding the Duke of Neuburgs' gainsaying of it) by a solemn and wont Investiture; so that His Electoral Highness having taken possession, as well of the Right, Voice, Dignity, and Electoral power; as of the Goods, Territories, Lands, Dominions, and other things thereunto annexed; or, as it were, admitted into the Famous College of Electours, associated unto that Fraternal union; and in all things, publicly enjoying the Office, Right, Function, and Dignity of the former elector Palatine; is thought worthy of, and honoured with that Title, as well by the Pope, College of Cardinals, his Imperial Majesty, as the Kings of France, Spain, Poland, and Denmark. With what face then, credit, or honesty, doth the Relator write, that the Investiture of the most Illustrious Duke Maximilian, concerning the Electoral dignity, is only provisional, and made, but upon certain conditions, to be of force only, for term of life? The Imperial 〈◊〉 〈◊〉 doth convince this calumny, which the Relator himself (though unwilling) cannot but acknowledge. Item fol. 15. cap. 5. n. 17. He hath freely (saith he) the cause being maturely deliberated by the space of 2. years, 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, foreign Kings also, and Dukes, (the Duke of Newburge only 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 highness being known to the whole world, his Agnation, and right from that ancient Family sueing for it, and other, most weighty causes, moving the Emperor 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 mere good will and arbitrement of the Emperor (other great, and most just causes, moving him to it) transferred upon the Duke of Bavaria, and his Noble Family, without respect, or mention of his expense in war, and n. 184. the matter by the space of two years, and more, being throughly scanned, examined, and advised of, he began to translate it upon Maximilian the Duke of Bavaria, and his Family n. 188. that so (justice dipsosing it) the Electoral dignity, raked out of the Ashes, again might return 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 heinous crime of rebellion, committed and perpetrated by the proscribed Frederick, fully devolved to him, and justly and lawfully translated to the Duke of Bavaria and his family.  
But what needs many words? Have we not heard sufficiently already, that the Emperor doth no longer deny, but openly and publicly profess 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 known among the Commons: Before the publication of the Articles of Prague, no man ever heard of it, unless, perhaps, either by divination, suspicion, or conjecture, he did smell it out. But these things, as all other passages in this business of transferring the Electoral 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 chief Electours and Princes (except that some afterwards enforced with fear did not contradict them) against the Laws, Right, and faith given to the contrary.  
But how do these things suit and agree with those of the Emperor and the Duke of Bavaria? who when in the Diet at Ratisbone, he invested Maximilian into the Electorate, both to the Electours and King james, did religiously assure, promise and avow, engaging his inviolable faith, that he had translated and conferred the Electoral Dignity 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 he expresseth himself in his declaration solemnly made to the Electours Feb. 23. An. 1623. That, the Investiture, was made without prejudice of the sons 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 expressly reserved, to be decided, as soon as might be, either by a friendly composition or by law: the controversy 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 be granted.  
The Electours also of Saxony, and Brandenburg, acknowledged the Duke of Bavaria, but it was upon certain 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 run) by reason of the simultaneous Investiture, the Electoral dignity did of right belong.  
The Emperor, in his letters to King james the 5. of March, the same year, writeth in this manner: That he by his declaration would not in the least derogate or prejudice any in their rights; but to the pretended succession in the Electoral Dignity and dominions, a door of his Imperial grace and equity should be always left open both to the children, brother, and kinsmen of the Palatine. Furthermore, that it was expressly inserted in the Instrument of Investiture, that by a friendly treaty, or if that would not prevail, by a summary or royal process, it should be pleaded and decided what of grace might be given to the Nephews of the King, pretending a right of succession, and what of equity to the Kindred in the Dignity and Electoral Privileges. And the Bavarian himself also did aver and promise upon his faith, that he would possess 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 judicature it should be adjudged. As it is more largely expressed both in the Charter of the Investiture, and in the foresaid Declaration of the Emperor, as also in Letters of the elector of Saxony, to the Elector of Mentz; and in the answer of the elector of Brandenburg to the Ambassador 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 year last passed, to which the Emperor doth now and then, affirm that he will constantly adhere, he hath left some hope of regaining the Electoral Dignity: whilst he thus writes again;  
When it shall come to a Treaty, concerning the Electoral 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 Britain, may thence discover the good will, and affection of His Sacred Imperial 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 Answer to the English Ambassador, the 30. day of june, of the forementioned year.  
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 only, to all the Counts Palatines, but to all the Princes of the Empire and others, who favoured the cause Palatine, being persuaded, that the proscription, and hatred, of the Caesareans, was only against Frederick, 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 shown less care, when they seemed most careful.  
But upon what ground, with what conscience, by what right, could such clandestine, and prejudicial 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 be 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 pointblank contrary to the fundamental laws of the Empire; for in the golden Bull, the prime, and chief fundamental 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 virtue whereof, the secular Prince's Electors, are known to have their right, and vote in the Election of a Roman King, and his preferment to the Imperial dignity,) should be so conjoined and indivisibly united for ever, that no one part of the premises, aught 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 claim to one part, without the other: That, if by error, or otherwise, such a plaintiff have prevailed, or process, judgement, or sentence, or any thing of the like return 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. Again, in the royal Capitulation, which is the second fundamental Law of the Roman Empire, containing, the articles, and covenants, which the Electours by way of contract, have made with the Emperor, to the religious observation whereof, by giving a solemn oath he must bind himself, these things, amongst others, are vowed, and promised by his Imperial Majesty.  
That, in the greater causes concerning the Empire, he would ask advice, and give ear to the votes, and opinions of the Electours, and decree, and confirm nothing, without their foregoing lawful knowledge, and consent. That, He would authorize no mandate, rescript, or what ever else might be grievous to others, against the golden Bull, and other constitutions, and covenants of the Empire, nor would either himself make use of any such instrument, or suffer, that any one, should purchase the like, or make use thereof. Also, that if he have any controversy, or suit 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 lawful hearing. Also, that he will observe, and hinder, and neither by any means nor upon any pretence, grant, that any of the Peers, and States, whether an elector, Prince, or other, may be proscribed, condemned, and declared outlawed, but he will endeavour, that, it may be 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 be undertaken and done contrary to this, and other heads of the Capitulation, it ought to stand as a nullity, to be void and of no validity.  
Let all those things be considered, and examined, which hitherto have been ordered, disposed, and done, de facto, in the Palatine cause, and decreed against him, from the beginning to this day, and those especially, which concerns 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 plain prescript of the Capitulation, and laws? Is not the Electoral Palatinate torn in pieces, divided, 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 custom of their Ancestors, while these things were done? Did not the Saxon, and Brandenburger constantly, and eagerly oppose the King frederic proscription, the translation of the Electorate upon the Bavarian, and the exclusion of the King's 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 Emperor, and their answers, given to the Imperial Ambassadors be read. If they are now silent, it is because they are compelled by violence, and fear. When the Electorate was translated, to the Line of William the Bavarian, when those constitutions, were forged, and anviled in a dark 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 custom of their Ancestors? Did their lawful 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 Law? No such thing was thought of, no such thing done, but the cognizance of the Electours, States, and unsuspected Peers, was neglected, and rejected; and all things determined, by arbitrement, by affection, hatred, and fullness of power; against justice, the Laws, and Customs; the Royal Decrees, Covenants, and Capitulations, against the customary, and due manner of proceeding; against the absent, unheard, unaccused, guiltless, plain innocents: not in a public 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 Emperor, as by way of exprobration, That in a matter so weighty, and of such moment, whereon the safety, or ruin of the Sacred Roman Empire (as experience will witness) might depend, they were not called to Counsel, and heard, according to the Rule of Capitulation, especially, when there was a controversy, about an elector, a principal member of the Empire: That this business, concerned one of the Septemvirate, and the Electoral Dignity; and therefore the Electours were not to be excluded from the cognizance thereof. That it is sufficiently known, that the case and question betwixt the Lord, and his Vassal, when it is controverted about the loss of a Fee, according to the common feodal Law, is to be decided, and judged by the Peers of the Court, who are of equal dignity, and estimation with the defendant, That, this Ordinance ought to be better observed, when any thing is to be determined against them, who are now Illustrious, and eminent: That by the Covenant of Capitulation, those who are most intimate, and familiar Counsellors to His Caesarean Majesty, and who might equalise (him, that was to be punished, or deprived of His Privileges) in State, Dignity, and fortune, should have been called to Counsel: 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 counsel, and consent: That an other manner of proceeding should have been observed, in this business: That in the foresaid Capitulation, it is most plainly ordered, and decreed, that no elector, or other Prince of the Empire, may, without a full hearing, and ordinary process, and judgement, be proscribed by the Emperor, and proclaimed an Outlaw: That they understood not, by what law, and pretence, the Electors could be excluded from advising, and understanding a matter of such weight, as might turn the Scale of the safety, or destruction of the Empire. And being, that the form of a judicial process, is one part of justice, which cannot be administered better, than by the authorized, and prescribed Laws, 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 process should have been issued out, according to the Constitutions of the Imperial Chamber, and many other circumstances have been considered, before the sentence of Proscription had been promulgated: And this the rather, in respect of the Count Palatines Children, Brethren, and near kinsmen; all and each whereof, are accused of no crime, much less convicted. That the translation of the Electorate, and the Dominions thereunto annexed, are of no less consequence, and prejudice, than the Proscription; and therefore of Right, they ought to have been advised and consulted withal, in that point, according to the Decree of the Capitulation, and not to entertain a bare intimation thereof, after it was done: That the Septemvirate, and Princes of the Empire, are under His Imperial Majesty, but withal, 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 convey an Imperial Fee, or Town, without their advice, and consent: How much more needful was it, that He should have their Counsel, and approbation, when the question was made about the translation of the Electoral Dignity, and such noble, and Princely Fees of the Empire? That by this process, the other Electours, Princes, and States, might receive a great, and irrecoverable loss, if themselves unheard, and the Electours not called to Counsel, they, their children, and near kinsmen, without examination of the cause, might be deprived, and spoiled of their states and dignities entailed upon them, and all these transferred to strangers, by arbitrement. That by this means, an elector, 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 been 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 hats, 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 elector 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 only 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 liable 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, counsel, 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 be no proceeding, or sentence of condemnation pronounced, though their crimes be most notorious.  
All these arguments, which we 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 own knowledge, have testified, and in their public 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 truth, 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 be thought of the translation of the Electorate; done so privately, without the required solemnities, and the lawful advice of the Electors assembled. But of this argument, there will be a more convenient place, to speak 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 justice do pronounce them. l. Si express 19 D. de appellationibus & relationibus. where it is said, That the sentence is not to be pronounced if it be made directly against the Laws or a Decree of the Senate, or Constitution.  
Therefore, if any man shall appeal from such sentence and be discharged by decree, the sentence is made of no force by that ordinance. c. 18. the regul in 6. l. ex stipendatione. l. probatam a praeside. c. de sont, & inte locut, Novel 113.  
And again, it is to be observed, that the agreements, and covenants of private men, cannot derogate from the public right, the laws, and constitutions of the Commonweal. 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 legate 1. l. pacta quae contra leges constitutionesque vel contra bonos mores siunt nullam vim habere indubitati juris est. 6. c. de pactis. More, no rescript of Caesar's, no royal decree, no sacred observation, which appear contrary to the general rule of the law, are of any validity, nor may be produced as proofs in a controversy, thus the Emperor Anastatius hath decreed, l. ultima c. si contra jus vel utilitatem publicam.  
Besides, those dispositions were concluded against faith, and caution given; merely to deceive them, to whom the promise was made, as is abovesaid; where it is showed that Caesar, and the Bavarian Lad religiously and often promised, and warranted, that the Electoral dignity, was conferred upon Maximilian alone, and to him too, only, for term of life, and that, after his death, the children, and kindred of King Frederick, were again to be admitted. Moreover, they whom it concerned, and which were grieved, were not called, and impleaded, as we have heard; for in acts that may be prejudicial, all whom it concerns aught to be cited. For so Divus Marcus l. 39 ibi. They also being present, that would oppose the decree, that is, might be grieved by the ratification. D. de adoption. where Gothofredus giveth this rule, He is always to be cited that may be injured. l. 47. judgement in every matter ought to be given they being present, whom the matter concerns. D. de rejudicat. l. etiamsi Patre. 29.9. si hear litate Patris. 2. ibi. non evocatis creditoribus minime id praeiudicasse. D. de minoribus joachimus 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 certain 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 party, can do no prejudice to the other. And l. 2. ibi. This law is notoriously known, 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 drawn up, against such as were then in their Minority, undefended, unheard, fatherless Orphans, and whose title came by achievement. For when those contracts between 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. years, the time prescribed by the Golden Bull, for the full age of the Electors children. But the Emperors affirm, that whatsoever is decreed against an Orphan, he is undefended, & under protection of a Guardian it cannot endamage him at his riper years. 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. years, a peremptory sentence is of no validity. 54 D. de reiudicata. No man, (to use the Civilians Language) can be deprived of an achieved right, no, not by Caesar using all his royal prerogative. To take any thing from another violently, is more against nature, than Death, than pain, than poverty, 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 customs, laws and liberties, is a nullity, nor can be confirmed, ratified, or allowed.  
Secondly, that the approving thereof by the states (which is yet uncertain, whether so or no) is unlawful, and of no validity; 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 Caesar's propositions, they did it severally, and apart, which by law ought not to be 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. forens. lib. 1. tit. 3. definite. 42. where he showeth, that It is not to be reputed a general Act, which is done by particular persons, though done by all, if they be not assembled into one Company. and Flamen. 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 several 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 fear, menaces, arms and peremptory Commands to approve it, if not they had been proclaimed open enemies, as it is expressed in the register: but the law teacheth what ought to be 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 fear; is accounted as nothing, and cannot be 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 be 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 be said, and concluded instantly, that all they, which complied themselves to the treaty of Prague, did allow, and ratify all, and the several 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 express reservation, & exception, either general salvo uniuscuiusque iure, saving every man's 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 always 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 seem so unjust and partial, knowingly to confirm an unjust thing, and a nullity, by their consent, and require, that he should be deprived of his right, whom they were persuaded, 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, unless that also it be openly showed, that the confirmation was made with knowledge of the cause. For, this is necessary, saith Nicolaus Burgundus in his book of the Bavarian Electorate, written in defence of Christophorus Gewoldus, fol. 284. that any one may be thrust out of his possession; nor doth a light, cursory, and perfunctory understanding of the cause suffice. A full and exact knowledge is required, allegat. jason. 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 proved by lawful witnesses, or aught to appear out of the Acts, as the same Burgundus in the same place affirmeth, adding Panor. ad c. 2. n. 8. & 22. the sequest. possess. 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 forbear 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 University of Ingolstad, wrote concerning the Bavarian Septemvirate, otherwise called the Apology for Christopher Gewoldus. For what was lawful for him to speak and think, of the Decree of Charles the 4th. by which it is declared, and ordained, That the Electorate should be annexed to the County Palatine of the , and not belong to the Bavarians: That we may speak, 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 judge? 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 controversy at all. The examination gins 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 appear in Law? It is apparent, they were not present, therefore the sentence fol. 79. is utterly void, 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 lawful for the Emperor, ex officio, to inquire for the truth: It is done usually in cases criminal, but not used in private businesses. And yet by such inquiry, he could not condemn the Palatines, without a lawful Citation; because, an hurtful 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 Laws, Customs, and Ordinances of our Ancestors, it is not rightly brought to sentence, though the Emperor himself adjudge it. d. elem. Pastoral. Abbas ad c. 1. de cause propriat & possess. Baldus ad l. ultim. de legib. If you shall speak of a Prerogative fol. 83. you ought to know, that the Emperor, with all his authority, cannot by his Prerogative, take away any man's proper right, without a just and public cause. What was the just cause, that the Electorate should be violently plucked away from the Palatines? None. What was the public cause? None. The whole negotiation, tended particularly for the advancement of the Bavarians. The whole Scene was made and laid merely for their advantage. What remains therefore, but that we may call that prerogative 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 Emperor 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 believe 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 withal, 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 fare I have spoken in the words of Burgundus, save only, that the name of the Palatines, is used in stead of the Bavarians.  
But, if it be lawful for the Bavarians, to oppose the disposal of the Emperor Charles the 4th. for settling 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 behalf, and to say it was wrested, and gotten surreptitiously, and fraudulently; and made by the Emperor, in two much favour of the Palatines, and hate of the Bavarians, that he might oppress them, under a show of Law: Why may it not now be lawful, 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 attain to their own ends?  
Burgundus says further of the Emperor Charles, fol. 63. that he 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 joined in Arms with Rupertus the Palatine, for the ruin of the Bavarians. Henricus Rebdorff in annal. and afterwards miserably spoilt all Bavaria. When therefore he would give way to his own desire, while he sought to please his own affection, foaming with a most burning hatred against the Bavarians, he greedily snatcheth at that occasion, agreeing with his Genios', that he might take vengeance of his enemies, and keep them (unable to resist him) below the dignity of their Ancestors. 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 doubtful hazard of war; briefly, when all things were brought to that pass, that the Bavarians were accounted as enemies, and the Palatine stood as a favourite: Rupertus the Count Palatine, in the year 1356. in the Diet at Norinberg, obtained a Charter of Letters patents, by which the Electours affirm the office of Arch-Sewer, and the Electorate, to be annexed to the County Palatine of the Rhine. Surely, nothing at that time was more easy to be obtained than that. He had the Emperor of his party, and the Emperor drew all the Electours unto his sentence; for they all subscribed, according to the form which Charles had prescribed them. They had severally concluded, what they ought all jointly to have questioned fol. 232. You were better not speak of Charles the 4th and his Bull: we know, we know what he intended; and now all men know, that we know it. He sacrificed unto his wrath against all law and right, against the customs of our Ancestors; he endeavoured to confer the Electorate upon the Palatines, whom he loved most dear, that he might snatch it from the Bavarians, whom he hated most deadly. This is that he would have, this is that he intended, and aimed at; and how he might attain unto this end, he summoned all his wits together. Speak now fol. 298. what, as much, and as eloquently as you can; yet this is our jewel, which Otho the third set into Bavaria; by him we came into possession, and upon him we rest. Charles the fourth laboured in vain to take it thence, what ever he did, he could effect nothing. It stood secure, and immoved above the top of power, the supreme hand of puissance could not reach thither, nothing was done lawfully, nothing orderly, nothing solemnly. It was no judiciary sentence, but violence. He cast out the Bavarians by extreme injury; that, against all right he might bring in the Palatines. Your beginning is wicked, the proceeding unjust, and to conclude, the whole possession vicious. Thus fare he.  
But now, as before is done, place only 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 only being changed) the same play is acted at this day, which is feigned by Burgundus, to have been acted lnog since, and was first showed upon the stage, by Christopherus Gewaldus, by an artificially contrived tale.  
These were the first which stood up, as the chief patrons of the Bavarian cause, who have not feared to oppose, and accuse of falsity, and nullity, the sacred, and for so many ages inviolate, authority of the golden Bull. But if it be lawful, for private men to vilify, and make void the most sacred decrees, the wisest ordinances, of our Ancestors the continual custom observed by so many Ages, allowed, confirmed, and sealed with the imprinted seals of the Emperors, and Electours: I will not say what confidence, but what hope of settling the state remains? What can be safe, just, and inviolable in the common society of men, in the succession, and possession of dignities, and offices? woeful experience doth testify, what miseries have attended this opposal of the golden Bull, and usurpation of the Palatine Electorate: In one word, deadly war, cruel slaughter, horrid proscriptions, and the most to be lamented, distraction of the whole Empire, the chief and principal cause of this continued, and renewed mortal war, being, the snatching away of the Electoral 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 means to stay the war, but rather an occasion which might produce, and raise more bitterness of mind schism and division among the Princes, and the universal distraction and desolation of the Empire; that therefore they thought it needful, that the Count Palatine should be restored; that a secure and true peace might be settled, that by rigour there could be no course taken for the safety of the Republic; which by that means was rather drawn into danger and involved in a perpetual war. Again, that they adjudged the translation of the Electorate, to be the principal cause of these troubles and war; because the children of the Count Palatine, in regard of their known innocency, might by no means be excluded from their dignity, and dominions, those especially, who before the pretended crime of the Father had obtained the privileges achieved by the providence and covenant of their forefathers in the Electoral Palatinate Besides, that their nearest kinsmen of blood (to whom the right of atchivement did likewise appertain, by the simultaneous Investiture) were wronged, and deprived of their right. The same most Illustrious Princes, have more than on e, and again complained openly, that their good, peaceable counsels were not harkened unto, but that those means were undertaken, which in deed were causes of more stirs commotion and enmity; for experience itself plainly showing that the state did still grow worse, in regard that those courses, (from which they had used all arguments of dissuasion, as being the seeds of discord were nevertheless preferred, and put into execution with all vehemency of spirit.  
Besides, not only both those Electours by their own Ambassadors, but also the rest of their colleagues, and the other Princes which were present at Ratisbone, in the year 1623., when Caesar was about to have confirmed the Electoral dignity upon the Bavarian, by a general consent testified, that King Frederick was not the incendiary, and architect of the stirs in the Empire, themselves affirming it, in these words. That the Count Palatine is a young Prince, who being seduced by others, knows not how to advise himself: and again, that he was not the author and beginner of those commotions in Bohemia, but that they had their beginning, and proceed before he was engaged therein.  
But, it is much to be admired at, and lamented, (that I may not say it is worthy of blame, and reproof) that the Emperor, and Electours for so many years, and in so many sundry Parliaments, and in these two last kept at Ratisbone, in the years 1630, and 1636. neglected to hearken to the demands of the King of great Britain, and by the granted and decreed restitution of the Palatinate upon reasonable terms, to restore peace to the Empire, and their Country, so shaken with civil dissension, and war. 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 prefer peace before war, 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 Commonweal, and other near approaching, stir and rouse them up? aught not the mournful cries, intermingled with tears, of their wasted, and desolate Country, move them, and prick them forward, to an intimate commiseration? They might have learned, by the events, and instructions of so many years, that the safety, liberty, Honour, and quiet of the Commonweal, was contained in that restitution, and the Decree for forgetfulness: but contrarily, that by the expulsion, and oppression, of the most Illustrious Electoral Palatine House; this woeful war 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 war brought forth? What profit and power hath thereby accrued to the Commonweal, it is known to the world: and the Victories themselves, must needs confess, what small profit they have gotten by their victories; to wit, that they were never the more secure, but have received more loss, and trouble; more ignominy, and hatred, than profit, praise, and authority. Nor is it to be doubted, but that greater mischiefs and inconveniences may ensue, if they shall suffer these discords, and raging wars, to abide in their strength but little longer. For it is not probable, that those princes who have been divested of their estates, driven into exile, and brought to the point of despair, will ever be quiet, as long as they can expect any relief, or help elsewhere; nay, they will leave no stone unmoved, no means unassayed, but as it is in the proverb, will move both Heaven and Hell; and to conclude, like the Serpents, whose head being bruised, do last of all threaten with their tail; will leave no thing unattempted, whereby they may be enabled to return into their Country, and recover their lost estates. And this certainly will bring with it most strange, and dangerous changes of state, minister fuel to a perpetual war, torment and terrify the Princes of the Empire with continual fear, and at last, hasten the utter ruin, and destruction of the Commonweal.  
Besides, the foreigners, which either would abate the puissance, and authority of the Caesarean Majesty, and the house of Austria, the foundations whereof are thought to be laid in Germany, seek for profit in the rubbish of the Empire, or revenge private injuries, or endeavour a change of government, may always have an occasion to pursue their design, whilst under the show of help, to which they will profess themselves bound, for the restitution of their banished friends, and allies, they may dispatch their own intendments. It is to be feared also, lest the Turks using, and being moved with this occasion, rise up, and with their whole power before they have any loss, invade Germany already shaken and much weakened, to the conquest whereof they have long time applied themselves, and yet attend the opportunity of the season.  
All these, and other innumerable mischiefs might have long since been prevented, if all private quarrels, enmities, and factions set apart; the peace, and concord, and ancient consent, and harmony of affections had been reduced, and established amongst the Princes, and by a common, and public accord, care had been taken, and provision made, for the safety, and security of the Commonweal. And this surely had been easily done, if those counsels, and remedies which availed to that purpose, and were in a readiness, had been sooner taken, and applied; of which, these two alone are thought the most convenient, and efficacious. First, if a general, and universal amnesty of things past had been decreed; secondly every one, (no man excluded out of this peace, and amnesty) who by war, and the injury of times, was cast down from his fortunes, and honours, had been entirely restored to the estate, which he possessed before these stirs began. For this is most certain; that there can be no firm 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 war; by this means, all pretence of the continuation thereof being taken from them, would willingly have refrained Arms, and entertained peace.  
Again, by restitution of the Palatinate, Charles Lodowicke the elector being received into his former degree, and dignity; the Emperor and Electours might have gained this advantage, that they might have laid a fare stronger, surer, and settled foundation of an universal peace, than by the treaty of Prague; all hope being taken from their enemies of invading, and oppressing the German Commonwealth, and the other provinces (yet free) from the tyranny of war. And withal 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 scarcity) from famine, mourning, sorrow, and grief, by which as by a gentle fire they were daily wasted, and destroyed. Besides, it had been no small honour to the Emperor and Electours, if they had replaced, and settled in their ancient honours and possessions, the Prince's Palatine, descended of such a Princely Race, joined in consanguinity with the principal families of the Kings and Princes of Europe, whose progenitors have so well deserved of the Empire, (for the greatness, glory, liberty, and safety whereof, they have been ever most careful constant defenders and abetters) for whom also so many Kings, and Princes, whom the restitution did concern, had interceded and briefly, who might be, an ornament and profit to the Empire.  
By this action, they should not only have firmly obliged the Palatines to them; and have found them ready and grateful, in the returning of all loving offices, and good affection; but, also prevailed with the most illustrious King of Great Britain, that in testimony of his grateful mind, out of his singular good affection to the German Commonweal, he would have consented, to have entered into covenants with his Imperial Majesty, and the Princes of the Empire, as well for the settling of a general peace (the groundwork 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 accrued to the Empire by the alliance, and defensive Arms of this most puissant King, the Emperor and the Electours might easily judge, if they would have taken into their consideration the condition of their own estates, the present times and calamities of the Country of Germany brought to the nearest step of ruin.  
All this then being truth, you shall give me leave O ye men, Princes, Peers, and free Denizens, that my speech may turn to you, before I come to a conclusion. I Entreat and beseech you, by the everliving God, by all things divine and humane, by the Ashes of your Ancestors, by the Genius of the Country, to consider in what estate your affairs have been, and in what they now are, what miseries you have suffered already, and what do yet surround, and hang over you, if you shall yet neglect to advise speedily for your own safety ●nd estates. Observe you not that by the fortune of strangers affecting sovereignty, by their counsels, and supplies of money, the liberty, authority, fortune, dignity, and glory are so shaken by these civil wars, that it is in all probability to be feared, lest yourselves being brought to poverty, and slavery, shall be forced to live under a perpetual yoke. Whom can you blame for this, but yourselves? If presently upon the beginning ye had seriously undertaken the cause of Frederick (through whose sides ye were stricken) either to defend it, or to compound it: If with joint courage, force, and counsel, you had opposed yourselves to this covetous desire of sovereignty, and the diligence used for the spoil of your liberty and religion, when it was in the birth or moving from the cradle; things had gone fare 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 do now attend you. But, with extreme 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 concern you. What? know you not that always they whom cowardice and wicked subtlety hath detained from Arms, to the end they might be secured by other men's perils have suffered most severely? Rex Mithridates ad Regem Ansacem apud Salustium, lib. 6. Hist. you could have done nothing, that could be more grateful to your enemies, by nothing have they had greater advantage against you, then that you did not consult in common, that you did not join your forces, and Arms; and with one consent oppose this danger, which hung over all promiscuously; therefore, while each of you have fought singly, you have been overcome generally. Ex Tacito in vita Agricolae. Again, either willingly you would, or have suffered yourselves to be deluded, and seduced with promises, and gifts; to be disjoined, and severed each from other, to be deceived, and corrupted with a false gloss of friendship or favour. Have you not observed, that it is customary with them which take up Arms with a desire of Sovereignty, for the settling of their own authority, and the subversion of religion and liberty, to give out, that they intent no offensive war against all in general, but against some in particular, until those being vanquished, whom first they fell upon, they may proceed by degrees against some others, and in the end against all. jacobus 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 war for your destruction, and the engrossing of your wealth (the only end by them at first propounded) which have fallen upon you singly, whilst you not thinking that you were the persons aimed at, have been wanting both to yourselves, and your Neighbours, engaging them in a dangerous war, and hastening your own ruin. Fina lie, there have happened discords, schisms, dissension, division of counsels, hatred, both public and private, caused, raised, and increased by difference of religion, and subtle suggestions of calumniators, envies, emulations, pride, presumption, false conceits, of your own power, hope vainly placed, and ungrounded; of foreign supplies, distrust, and malicious crafts in forbearing to secure your friends, unthankfulness, 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 German Commonweal (once the most flourishing state of the world) to mourning, desolation and extreme misery. And now (but too late) you find and apprehend what manner of troubles surround you, with what chains and fetters you are manacled, in what a Labyrinth, and prison you are enclosed. Can you be ignorant, that they, who intended to lay a yoke of slavery upon a free Nation, cast out many false mists, and seem rather to do any thing, but what they do, and so long pretend the preservation of liberty, and the observation of ancient customs, till they have taken away all hope of their recovery, and abundantly assured themselves of the means to sovereignty? jacobus 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 think I have spoken too freely, and boldly; Know, that I am also a German, and careful of the German credit, honour, estimation, and liberty, that I am moved with the calamities of our country, and racked betwixt anger and sorrow because I see both it and you to perish so miserably; and so soon, and so dishonourably to lose all the repute, credit, dignity, liberty, the Empire descended from our Ancestors, and their got glories, and become a prey, scorn, and contempt to strangers. To speak with the Orator, We pass no day without tears, nor ever leave to bewail our Country, and lament this alteration.  〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Isocr. 
These, these, are the causes of Our great sorrows.  
FINIS.