A BRIEF INFORMATION OF THE AFFAIRS OF THE PALATINATE. THE WHICH CONSIST IN four principal heads, Which be 1. The acceptation of the Crown of BOHEMIA. 2. The difference and controversy which hath ensued thereof, between the Emperor FERDINAND, and the King FREDERICK. 3. The proscription and bloody preceding that hath ensued thereof. 4. And the interposition of the King of great BRITAIN, and with that which hath happened in the mean spac●. Printed M.DC.XXIIII. A BRIEF INFORMATION OF THE AFFAIRS OF THE PALATINATE. The affairs of the PALATINATE, consist in four principal heads. Concerning the first head. FOR this many ages past the Realm of Boheme hath been always holden both within and without the Empire for elective and not hereditary. The Letters Reversalls of all the Kings of Bohemia which have successively been, even to the Emperor Ferdinand the second, have a clear and express recognition and confession that they have, and possess it not by any hereditary right, but by the free election, good will, and consent of the estates of the said Realm, according to the Golden Bull, their liberties and privileges. There hath not been any but only the Emperor Ferdinand the second, who hath challenged a partension of a succession hereditary, the which he foundeth principally upon a certain disposition of the King Vladislaus his great Grandfather by his Mother's side, made on the sixth day of january 1510. in regard of the Duchess Anne his daughter, who was afterward the wife of the Emperor Ferdinand the first; the Copy whereof ensueth word for word. Vladislaus by the grace of God, King of Hungary, Bohemia, Dalmatia, Croatio, etc. marquis of Moravia, Duke of Lucemburg and of Silesia, marquis of Lusatia, etc. Be it known to all men by these presents, since that God by his divine grace hath given us heirs both sons and daughters, and that by his divine providence, as also by the advice and counsel of our Subicots, Prelates, Princes, Lords, and all the estates of our Realms, we have first caused the most excellent Prince, King Lewes our most beloved son, to be crowned King of Hungary, who afterward by the free will of the Barons, Nobles, and Towns of the Kingdom of Boheme, hath been crowned and received in the same Realm. But if it shall happen that the said King Lewes dye without heirs (which God forbid) then the Duchess Anne our daughter shall remain, and be true heir of the Realm of Boheme land, by power and virtue of the rights, constitutions, and privileges of the Realm of Boheme. And we having had regard unto that, and considering the singular affection, devotion, and promptitude, that our Subjects of both our Realms show unto us; we think and judge it to be right and equitable to provide for them in such sort, that for the necessities of the affairs of these two Crowns and Realms, they may treat and negotiate in their own mother tongues, with our heirs and their future Lords. And for that cause we have ordained, and do ordain, that our heirs have to make their abode in a place fit and convenable, to the end that the subjects of the Crown of Hungary, as well as they of the Crown of Bohemia, and those of the Crown of Bohemia, as well as they of the Crown of Hungary, may enjoy and have their presence, and may have access unto them. They shall be also bound and obliged to entertain near unto them an equal number of men and women, Natives of the Kingdom of Bohemia and Hungary, to the purpose that they may learn the Languages of Hungary and of Bohemia freely, and without impeachment. And that the Estates of every one of the same Crowns may sufficiently and at large confer with them in their own Languages, touching their necessities. Moreover, we promise unto them of the Realm of Bohemia, not to marry, nor to promise in marriage the Duchess Anne, our daughter, without their counsel. And we promise all this which is contained in these presents, in the word of a King, and do also promise unto the Barons, Nobles, and all the Estates of the Realm of Bohemia, to observe it fully and inviolably without any contravention, in any fashion whatsoever. In witness whereof, we have caused our Royal Scale to be set unto these presents abovesaid. Yeven in our Castle of Prage, on the Friday after the Feast of the 3. Kings, in the year of our Lord 1510. and of our reigns, to wit, of Hungary the 20. and of Bohemia the 39 This disposition of the King Vladeslaus is set down by the Emperor Ferdinand at this time, for the strongest Bese and foundation for the hereditary right that he claimeth unto the Crown of Bohemia, forasmuch as the Duchess Anne, his grandmother, is called heir of the Realm of Bohemia, and that (as he saith) by virtue of other precedent agreements. Now I will not enlarge myself here to dispute upon this Foundation (for that the Estates of Bohemia have already refuted it very amply and solidely by their Writings, and especially by their Book called the Deduction, which they published in the year of our Lord, 1620.) But I would only (as by the way) show the manifest nullity thereof, by the contradiction that is therein. For first it appeareth by the Reversalls of the said King Vladislaus, given unto the Estates of Bohemia on the day of his Assumption to the Crown, that he acknowledged and confessed, that he obtained and received the said Crown, by the pure, sranke, and free will and election of the said Estates, and not by any right hereditary. If then he had not any right hereditary, much less had he power to confer and give a right of succession hereditary unto his daughter. Secondly, if in regard of his person he had had such a right of succession, yet it had not been lawful for him to dispose thereof unto his son, for that the Realm and Electorate of Bohemia was holden of the Empire only to the heirs males, as the other Electorates be, and cannot fall unto the Distaff; Women being uncapable to perform the Functions and Offices of men, required in the Office of the Electors, by virtue of the Golden Bull. Thirdly, the said disposition containeth a most gross and palpable absurdity, in that the King Vladislaus saith in it, that his son hath been receivea by the free choice of the Barons, Nobles, and Towns of the Realm, and that he addeth then by and by, that his daughter shallbe heir of the said Realm after his death: for if the son could not come thereto, but by the way of free election, how can it be concluded, that the daughter have a right of succession hereditary in a estate tail unto the heir's males, which her brother had not? And to make this absurdly more evident, behold the Copy of another Letter Reversall, which Vladislaus gave unto the Estates of Bohemia, when that they designed & accepted Duke Lewis his son for to be their future King. Vladislaus by the grace of God, King of Hungary and Bohemia: Be it known unto all men whosoever that shall see or hear these presents. Forasmuch as the Barons, Nobles, the Towns of Prague, and the other Towns, together with the communality of the Realm of Bohemia, having by their free choice, and without any obligation of theirs thereunto chosen and crowned, in our life time the Serenissime Prince and Lord Lewis King of Hungary, as they before time have done unto us their affection, by the said election of King Lewis our son, yet with this charge, that as long as we shall be in life, we shall retain and hold the government and possession of our said Realm, and the Provinces incorporated without any impeachment of King Lewis our dearest son until our death. That on the other part we will not fail continually to acknowledge it, and will protect and give order, that they shall be maintained without any traverse or trouble in their rights, franchises, privileges, and customs, as we have promised and do promise them by these presents, when that King Lewis our most dear son shall come unto the age of majority, and after our decease shall take possession and administration of his Realm of Bohemia, he shall be obliged to do and accomplish all that which the Kings of Bohemia, our predecessors, as also ourselves have done and accomplished by Obligation, in such manner and form as we have given them express Letters, signed with our hand, and sealed with our Scale, with this reservation, That if King Lewes our dearest son doth not accomplish all that which is contained in our said Letters to them exhibited, in satisfying to all that unto which the Kings of Bohemia are bound, they shall also not be bound on the other part to admit the said King Lewes in the possession and government of the Realm, and that for so long time, and until that he hath made total satisfaction, according to the more ample purport of our said Letters: but when he hath made such satisfaction, the said Estates and they of the Provinces incorporated shall be reciprocally obliged and bound to swear unto him loyalty, and to be faithful unto him in all humility, as unto their crowned King. After the death of King Lewes, who was slain in the battle of Mohaz, in the year 1526. the Archduke Ferdinand married the said Duchess Anne, and sent the same year his Ambassadors unto the Estates of Bohemia, requiring them to choose and receive him for their King, alleging amongst other reasons, that the said Anne his Wife was the nearest unto the Crown: and though that the Estates granted his request, in giving the Sceptre and Crown unto him, this was not in any sort in contemplation of the pretention of his Wife, but of their free consent, as is most evidently seen by his Letters Reversalls, which follow: Nos Ferdinandus, Dei gratia Rex Bohemia, Infans Hispaniarum, Archidux Austria, Marchio Mora●●●, Dux Lucemburgia, Silesia, & Marchio Lusa●●a, etc. Notum faci●us tenore prasentium universis. Quemadmodum Barones, Nobiles, & etiam Civitates, ac tota Communit as Regni Bohemiae, ex sua libera & bona voluntate, iuxta libertates Regni Elegerunt. Nos in Regeon Bohemiae. Quapropter recognoscimus, quod hoc ipsum ab Oratoribus ipsorum abunde intelleximus, & re ipsa cognovimus & comperimus, quod praefati status & communita● ill●us Regni, non ex aliquo debito, sed ita pront supra scriptum est, eam Electionem, eligentes Nos in Regem Bohemia, exlibera et bona voluntate fecerunt. Harmn testimonio literarum sigilli nostri, quo hactenus tanquam Archidux Austriae, usi sumus, appensione roboratarum. Datum in Civitate nostra Vienna, die tertia decima Mensis Decembris, anno Domini millesimo quingentesimo vicesimo sexto, Regni vero nostri anno primo. True it is, that these Reversalls were afterward delivered up by the Estates of Bohemia unto King Ferdinand, at his instance, who put in the stead of them other Reversalls, where many things are found to be changed, against che intention and approbation of the said Estates. The Emperor Ferdinand the first, and the said Anne his wife had a son called Maximilian the second, and Charles' d'Austria, the Estates of Bohemia chose Maximilian the second Emperor, who gave unto them Reversals, like in substance to those which his father had given, in acknowledging their free election, without pretention of any right. After his death, they chose Rudolph the second, Emperor, his son; and in the life time of the Emperor Rudolph, they designed for their King the Archduke Mathias, who was also afterward Emperor. It is fit to be noted, that the said Emperors, Maximilian, Rudolph, and Mathias, though all descended from the said Anne, and all by right of priority to be preferred before the said Archduke Charles and the Emperor Ferdinand the second, his son, have at their assumption unto the Crown of Bohemia, frankly confessed by their Reversals not to pretend unto it any hereditary right, but to have recceived it by the free Election of the Estates; and especially the Emperor Rudolph having in his life time consented unto the Election of Mathias his brother, gave them a very ample and large Letter of Assecuration, dated on the Saturday after Quatuor tempora, in the year 1608, That the said designation ought to be holden for a free and voluntary Election & Reception, without any prejudice unto their Privileges, Rights, Statutes, Customs, and such like things. In like manner, the Archduke Mathias made his Reversals, dated on the Wednesday after S. john Baptist, acknowledging and confessing by them, repeating it often and in plain words, That it was not by Obligation, but by a frank and free Electionand will, that the said Estates had designed and received him for King, after the decease of the Emperor Rudolph, his brother. An Extract of the Reversals of the Empereur RUDOLPH. FOrasmuch as we, as King of Bohemia, have given our consent unto the Estates, that at such time as the said Archduke Mathias of Austria, our eldest brother, when he shall request them lawfully and duly, according to their privileges and liberties, be chosen after us for heir apparent of the Realm of Bohemia, etc. And a little lower: We and the Archduke Mathias, our brother, when he shall have obtained such provision, will purvey and assure the said Estates by Reversals sufficient for that purpose, That the same shall not bring presently nor hereafter any prejudice or damage unto their privileges, liberties, good and laudable customs, and usages, etc. And yet more low: Wherefore we for us, our heirs, and the Kings of Bohemia that shall be hereafter, promise unto all the Barons, Nobles, Towns of Prage, other Towns, and to all the Commonalty representing the Estates of the Crown of Bohemia, That the said free Election of the Archduke Mathias, our most dear brother, for to be heir apparent, and after our death King of Bohemia, shall not apport from henceforth, at this present, nor in times to come, any prejudice, damage, or derogation unto them, nor unto their Rights, Statutes, Privileges, Libertries, Ordinances, Benefits, neither to all the old and other Customs, good and laudable Usances, especially unto the Obligations unto them given by the King Ottocarus, by the King john, by the Emperor Charles, by the King Vuenceslaus, by the Emperor Sigismond, by the King Albert, by the King Ladislaus, by the King George, by the King Vladislaus, by the King George, by the King Vladislaus, by the Emperor Ferdinand, and by the Emperor Maximilian, our most dear Lord and Father, etc. An extract of the Reversals of the Archduke Mathias. THe Estates have chosen us with one consent of their good frank will for heir apparent, and King of Bohemia, etc. And lower: Wherefore following our said consent, we promise for us, our heirs and successors, unto all the Lords, Nobles, and Towns of Prague, as also unto other Towns, and all the Commonalty, representing the Estates of the Crown of Bohemia, That this free election of our person, etc. shall not bring nor apport any prejudice or derogation unto their Rights, Ordinances, Privileges, Franchises, Statutes, Benefits, nor to all their just and ancient Customs, specially unto the Obligations to them given by the King Ottocarus, by the King john, by the Emperor Charles, by the King Vuenceslaus, by the Emperor Sigismond, by the King Albert, by the King Ladislaus, by the King George, by the King Vladislaus, by the Emperor Ferdinand, our gracious Lord and Father, and by the Emperor Rudolph, etc. And yet a little more lower: Item, we promise, That during the life of our dearest Lord and Brother, not to intrude ourself into the guidance and government of the same Realm of Bohemia, nor of the Duchies of Silesia, nor of the high nor of the low Lusatia, etc. But if it shall happen, that we will draw unto us the domination & government in the life of his Imperial Majesty, or else if we will not perform and do (at such time that we shall come unto the Crown of Bohemia) the same which the Imperial Majesty and the other precedent Kings of Bohemia have done and performed touching the Oath, and all other things pertaining thereunto; The Estates shall by no means be likewise bound unto us. Then since that the eldest sons of the Queen Anne, and the two eldest sons of him, have one after the other received and accepted the Crown of Bohemia, wholly from the pure good will and free election of the Estates, and not by any succession hereditary, there is no likelihood nor reason the present Emperor Ferdinand, coming of the younger son of the said Queen Anne, should have more right and pretention hereditary unto the said Crown which they never had. To the which you may add, that after the death of the Emperor Mathias, in the year 1619. when it was questioned to choose a new Emperor, the Elector of Mayence, Arch-Chancellour of the Empire, called and cited the Emperor Ferdinand (who was not yet advanced unto the dignity Imperiall) unto the Diet of Franckfort, to assist and to be present at the Election of the Emperor, as King & Elector of Bohemia, chosen, received, anointed, and crowned by the said Estates, as he hath expressedly declared by his Apology, published and printed against the complaints the Ambassadors of the said Estates made in that time of such like convocation, which they said was done unto their prejudice, for that they were then in controversy, and had lawful exceptions against the said Ferdinand: In like manner, the other Electors received him into the Conclave Electoral, not in respect of any right hereditary, but only in respect of his Election, reception and Coronation that the said Estates had made of his person; this is that which they expressed one to the other in the said Diet, and that all the three Ecclesiastical Electors have jointly with the Elector of Saxony reiterated afterwards in their Letters written from Mulhausen, as well to the King Frederick as unto the same Estates, & unto some other Princes of the Empire, for to let them to understand that the King Frederick had not entered into a Realm void of a King, and vacant, but already provided of another King, designed, chosen, and crowned by the said Estates: So also they in the said reception of him into the Conclave Electoral, had not any regard unto succession hereditary, for otherwise they had done wrong unto the Archduke Albert, to set behind and exclude him, for by right in that case he ought to have been preferred before the Archduke Ferdinand now Emperor, his Cousin, issued and coming from the second brother. All this showeth sufficiently, that the Crown of Bohemia ought to be holden for Elective and not hereditary. As to the limitation that the Emperor allegeth thereto, as if the liberty to choose the Kings of Bohemia ought not to be extended out of the house of Austria, as long as there be Princes of the said house living. This is a pretention which hitherto cannot be debated and decided by any other way, then that of fact, in the which neither reason nor equity can have place: for although the Estates of Bohemia have chosen this many years for their Kings some of the Archdukes of Austria (which is the second of their grounds) it doth not ensue thereof, that this continuance of theirs doth import or make a prescription of time, since that the Reversalls of every one of them have been as many precautions, to stop and hinder such pretensions, even as the Prince's Electors have never yet avowed unto the said Archdukes any succession hereditary in the Empire, though that for many years they have in like manner chosen the Emperors out of that family. Now it remaineth to touch in one word as it were by the way, the reception of the Emperor that now is, unto the Crown of Bohemia. In the year 1616. the Archduke Maximilian seriously represented unto the Emperor Mathias his brother, by a memorial dated the 16. day of February, how much it imported and concerned the house of Austria, that his Majesty should be affured in his life time, especially of a successor in the Empire; as also in the Realms of Hungary and Bohemia, that he could not propose a person more capable and fit, than his Cousin Perdinand the Archduke, and that he had already treated with his brother Albert the Archduke, for to obtain his consent, that he ought to seek all the means he could, to dispose the Estates of Bohemia, & them of Hungary, unto the designation of his aforesaid Cousin: that it was needful for his Majesty to speak himself with the Elector of Saxony, to gain and purchase his voice and suffrage in his favour; that the three Ecclesiastical Electors were for their part inclined thereto already, and that afterward it behoved him to call a Diet, in some convenient place, to make an overture of such a succession Imperial, & to proceed with plurality of voices, though the Elector Palatine & he of Brandemburg would not yield thereto: and for to do this, to keep an Army afoot within the Empire, under the pretext of the war which his said Cousin had at that time in Istria against the Venetians, and advise him to effectuate his other purposes and determinations which had been put in deliberation between them: but above all things, that he took great heed that this advice was not vented and disclosed before the time. This counsel was approved and received by the Emperor Mathias, and soon after divulged and communicated unto the Elector of Saxony, and sundry Princes of the Empire, but that did not impeach and hinder the effects at all, for incontinent, some began to work the affair in Bohemia, by practices, corruptions, and menaces, as the Estates have largely declared in their Writings, the Archduke Ferdinand was designed King of Bohemia: the Emperor went unto the Elector of Saxony to Dresden, and also called an assembly at Ratisbon. At the same instant that the Electors prepared themselves for the said Assembly of Ratisbon, they received news that the Estates of Bohemia, driven to impatience by so many violences and oppressions, continually and incessantly made against them, had cast down headlong out of the window of the Council Chamber two of the principal Officers of the Emperor, and a Secretary for many great reasons by them deduced and published, which to be short, are, That they were convinced by their own Letters and Writings, to have betrayed their own Country, and served as instruments to depress the said Estates, and to deprive them of their Religion, liberty, felicity, and happiness. The Emperor Mathias being offended with this procedure of the Estates, sent his Armies into Bohemia, for to take revenge thereof, and they stood upon the defensive, whereon ensued a pernicious war. The Elector Palatine, after the commencement of these troubles, sent his Ambassadors unto the Emperor, to request him to give peace unto his Realm, whereby to prevent the ruin of that Country, and other inconveniences; but in vain: for answer was made by some, that his Majesty in reputation could not permit such an affront to go unpunished. The Archduke Ferdinand, at that time defigned King of Bohemia, was resident and abiding at the Court of the Emperor Mathias at Vienna, who for his great debility and weakness meddled not much with the affairs of Estate, but all was directed by Ferdinand. A little while after the Emperor deceased, and the Elector of Mayheme called an Assembly of the Electors at Francfort, for the election of another Emperor, and called thither (as I have said) the Archduke Ferdinand, as King and Elector of Bohemia: The Estates of Bohemia sent thither their Ambassadors also, for to protest, and to make their exceptions against the said Archduke Ferdinand, whom they said they could not acknowledge for King: but the Electors Ecclesiastical would not by any means suffer them to enter into the Town, much less give them audience, and hear their griefs; alleging, that it was a particular business, and that by the authority of the Golden Bull, it was not lawful to treat of any other Affair in such an Assembly, as that which concerned the election of the Emperor: the which excuse had some fair appearance outwardly, but if it were well and narrowly seen into, and marked, it was erroneous, in the regard of the Estates of Bohemia; for they maintained, that the Archduke Ferdinand ought not to be admitted unto the College of Electors; and that therefore it was not a matter particular, but a point concerning all the Electors, and in general all the body of the Empire. The said Ambassadors not obtaining hearing, and Audience, returned without doing any thing, and Ferdinand was received into the College of Electors by the hasty promotion of the three Electors Ecclesiastical; which thing imported the Estates of Bohemia to take the resolution to reject Ferdinand. The Abdication was made in a solemn manner; and some few days after, the Estates passed unto a new Election. The causes of the said Abdication are found, and are extant, with all the Circumstances, in the Book of the Deduction (made by the Estates) and be very many, of the which I will recite some few as briefly and succinctly as possibly may be: The Estates affirmed, That Ferdinand did violate his Oath, and his Reversalls, in that during the life of the Emperor Mathias, he intruded himself, and meddled in the affairs of Bohemia: That he carried himself like an enemy toward them: That he gave authority and gave order to make war against them: That he solicited the Estates of Moravia to give passage unto the Army of the Emperor: That he himself caused his Troops to come out of Styria, and sent them into Bohemia: And that in their greatest necessities he would not favorize them with one good word toward the Emperor, though they had requested him instantly in their often Letters so to do; but that, unto the contrary, he hath made them seel the effects of his evil will and malice in sundry matters: That after the death of the Emperor, in stead of restoring peace unto them, and of taking due notice of the bad comportments of the said Officers, to do justice thereof, he hath written unto them, and that by his Letters, as by manner of approbation, and ratification of their offences, he hath restored and put them again into their Offices and Charges, sending unto them from time to time the confirmation of the Privileges of the said Estates, for to receive them at their hands: which thing the said Estates could not do, for that after so many evil offices and acts of hostility, and rigorous demonstrations of Ferdinand, they had need of an assecuration better founded then on a simple Writing. To all the which motives, and many others, they adjoined the transaction Clandestine, made by Ferdinand with Fhilip the third, King of Spain, the sixth of june, 1617. By the which it is treated, concluded, and decreed between them, of a Succession hereditary, and of the continuation of the same, first in the family of Ferdinand, and afterward in the family of the King of Spain, according to the agreements and conditions, as appeareth in the said transaction more at large: Which was kept very secret, and concealed from the Estates of Bohemia, till after the designation of Ferdinand, but it was afterward of itself discovered by another means. And in as much, that it taketh away from the said Estates the liberty to elect, (giving unto them Kings, by way of intrusion, without their knowledge and advice) and overthrowing as much as it can, the Laws Fundamental, unto the observation of the which, all the precedent and former Kings have been bound by solmne Oath; they infer, that by the same, and by his other deeds aforesaid, Ferdinand is made incapable of the Crown. After this Abdication, the Estates of Bohemia founding and relying upon their ancient Rights, Privileges, and Liberties, proceeded some few days after unto the election of another King: and some having given their Suffrages to divers Princes, they chose by the most voices, and proclaimed the Elector, Frederick the fifth, Count Palatine, for their King. This was on the 16. or 26. of the month of August: and on the next day, being the 17. or 27. of the said month, the Archduke Ferdinand was chosen and declared Emperor by the College of Electors, at that time being assembled at Francfort, as is already said. The said Estates gave notice incontinent unto the Elector Palatine (by a person sent unto him of purpose) of this his Election, approved and ratified by all the Estates of the Provinces incorporated, requiring and earnestly beseeching him to accept it: which thing he did not at the first, but called together a great part of his friends and allies, and sent Ambassadors unto them who were further off, to have their advice; in which space of time, the Estates redoubled their most humble instances, by their often and iterative Letters, and finally, sent unto him into his own Country a solemn ambassade, composed of the Deputies of every Province, for to present the Crown unto him, and to dispose him to accept it, as he did. One may then see by this veritable and irrefragable information, that the intention of the Prince Palatine hath not been to intrude, nor thrust in himself by force, nor by practice into the Kingdom of Bohemia, much less to thrust any other, out of that which was due or appertained unto him, but that he friendly and without doubt belecued by the circumstances aboue mentioned, and other most pregrant reasons already set down in other places, That the Crown unto him so solemnly offered, was totally vacant, and his Election very lawful. Also there hath not been any other mark or but in the accepting of the Crown, for no other cause, but to succour the oppressed, to prevent the ruin of the Realm, and to hinder that it should not fall into the hands of a S●ranger, unto the great disadvantage of the Empire: And for that the effects had fallen out otherwise, we ought to remi● the judgement unto God the director of all things, who will dispose of them as shall seem good unto him. Touching the seco●d head. FOr to understand the diference and controversy the better, it is good to understand and know well the quality of the subject or matter, and the quality of the persons. The subject of the controversy, is the Realm and Electorate of Bohemia, the which as it is said, for these many former ages to this time, hath been holden to go by Election, and though it hold in fee of the Empire, yet it doth not appertain immediately unto the Emperors no more than the Electors, as well Sec●lars as ecclesiastics, and many other as well Electives as hereditaries, appertain not in propriety unto the Emperors, for there hath been many Emperors of Germany, that have not been Kings of Bohemia, and that the Electors are not bound by any means to choose the King of Bohemia for Emperor. Also, he hath its private or particular laws, and is not in any thing subject unto the constitutions of the Empire: and likewise the Archduke of Austria, after the battle of Prague have begun to maintain publicly as well by their pen, as by their sword, that the said Realm and Electorate doth appertain partieulerly unto their house in propriety. It also appeareth by the transaction of Spain, mentioned before in the first head, that the Archduke Ferdinand now Emperor, attributeth particularly to him and his son, not as Emperor, but as in the quality of Archduke, in the which yet there is one remark very considerable; to wit, that after the ●●aking of the said Transaction, unto the day of his designation, made by the authority of the Estates of Bohem●, he durst never usurp the title of King, nor make any mention unto them of any such agreements or covenant, ●nowing too well, that for that the same was directly contrary to their privileges and rights of free Election they would have opposed themselves, and never received him: So that the question, if the Crown be Elective or hereditary, is not debated with the Estates of Bohemia by the Emperor, in the quality of Emperor, but as Archduke. Likewise one cannot say, that by the rejection of the Archduke Ferdinand, the Estates have rejected the person of an Emperor, for that then the Empire was vacant, and without Emperor, he coming afterward to the Imperial dignity; yea and more, if in that same very time, the body of the Empire had from itself offended with such a Rejection, the judgement had no● belonged unto the Archduke Ferdinand, but rather unto the Elector Frederick, as chief Vicar of the Empire, representing in that time the person of the Emperor: And therefore it followeth, that the said Rejection is an act particular, which doth no● touch the person of the Emperor, nor the body or corpses of the Empire, who never at any time meddled or had to do with the affairs between the Kings, and the Estates of Bohemia: now if so be that the Rejection is a particular act, so also is the new Election which ensued the same a little while after, an act particular, of the like nature and condition. So then, if the Estates of Bohemia cannot be accused to have committed the heinous crime of Treason, against the person of an Emperor, nor against the corpse or body of the Empire, by such an Abdication and new Election: what reason is there to accuse the Elector Palatine Frederick, of Treason in the highest degree, for that he hath accepted the said Election. And it is an objection very absurd, to allege, as some of the other side have done, that the Archduke Ferdinand, and the Emperor Ferdinand, is but one person, and that he who rejecteth the Archduke, rejecteth the Emperor. This is not but one and the same body, which doth nevertheless represent diverse persons, and it hath been already said, that when the Archduke Ferdinand was rejected, there was no Emperor Ferdinand at all. The King of Denmark is Duke of Holstein, and because of that Duchy, he is a member of the Empire, having a place of sitting amongst the Princes of the Empire, and yet the said sitting doth not represent the King of Denmark, but only and separately the person of a Duke of Holstein, inferior to many other Princes of the Empire. The King of Spain is comprised amongst the Estates of the Empire, by reason of his Provinces of hast Burgundy, and yet is not therefore admitted in the Sessions of the Estates of the Empire, in quality of King of Spain. The Emperor himself maketh use of this distinction; For when complaint is made, that he useth the people of the King of Spain, and bringeth strange Soldiers into the Empire against the ordinances of the Empire, and his own Capitulation: he answered, that he made use of the Duke of Burgundy, and of his assistance, as of a Prince of the Empire though yet that he is holpen in this assistance of the money and means of all his Realms, and not of his Provinces of Burgundy only: So the Emperor made not long since a like distinction about the King of Denmark, saying in his answer to his Ambassador, that the King of Denmark could not help nor assist the circle of the lower Saxony, as King of Denmark, but only as a Duke of Holstein. It is very true that the Palatine Elector is accused by some, not only for that he hath accepted the Crown of Bohemia, but also for that he hath made an Hostile invasion into the territory and dominion of Ostrich, and by that means violated the public peace of the Empire: but that is manifestly false, for every one knoweth that it is not he, but the house of Austria, who have kindled the war in Bohemia, and constrained the Estates of Bohemia, to put and stand upon the defensive: and God, (before the entry of him into Bohemia,) having blessed their Arms so far forth, as to repulse the Countess of Bucquoy, and of Dampiere with their Armies, and driven them back into Austria, from whence they were come, to invade and make great havoc in Bohemia, they were obliged (and so they thought themselves) upon compulsion to keep their forces and Armies within the said Countries and Dominions of Austria, thereby to impeach their enemies, for coming and getting within the Realm of Bohemia, and it was not in the power of the Elector Palatine, to make them retire and go back, although he desired it never so much, forasmuch as that had been to expose the said Estates, into the danger to see themselves again incontinently assailed, within their own borders and confines, by their said enemies, even as they had without that been very shortly after. But as concerning the persons, who be at controversy for this affair and business of Bohemia, every one of them hath without comparison his more eminent qualities peculiar to himself. But not to stay here to describe that of the Emperor, who is the head and chief of all the Electors, Princes, and Estates of the Empire, whose person is sacred, and aught after God to be honoured and respected above all others. It is sufficient to know, that the Empire is not an Estate Monarchique, where the Prince ruleth absolutely, and that the Emperors do not inherit their dignities and authorities, but that they be conferred upon them, by the hands of the Electors, who, when they shall abuse themselves therein, have the like power to deprive them, that they had to give it them, even as it is verified by the fundamental laws, and by the examples of the deposition by them made at other times, of the Emperors chosen by them. Also it is found in the ancient Letters and documents of Germany, that the Emperors be called sovereign Administrators and Tutors of the Empire, whereby is gathered and collected, that they cannot attribute the propriety thereof unto themselves, nor dispose thereof absolutely according to their own fantasy, but that they are obliged and bound to yield and render an account, and reckoning of their administration. And on the other side, the Prince's Electors be called by the constitutions of the Empire, and by the Imperial Capitulation (which is holden for a fundamental law) the principal Colomnes of the Empire, they having as Ephori, superintendency and oversight over all the body or corpses of the Empire, and be also obliged, by the duty of their Offices, to maintain, in all, and through all, the observation of the said Constitutions. They have a College apart from others, and may assemble and meet whensoever they think good, to entreat of affairs of State, and be furnished and endued with (as be also the other Princes and Estates respectively) with many privileges, and immunities, which are confirmed by every Emperor, whensoever and as often as they choose and elect and Emperor: before all other things, they prescribe unto him the conditions, upon which, they put the Sceptre in his hand, and make him to promise by a corporal and solemn oath, the observation of them, and after that, they reciprocally do unto him the oath of fidelity, as to their chief head and superior by them chosen, of their frank and free will: By which it appeareth, that there is a very great difference between the Emperors, and the Electors, and between the King's Sovereigns by nature or birth, and the Princes and Lords to them immediately Subjects. And especially the Prince Palatine hath dignities of great eminency, which are allotted unto him pecnliarly, by the Golden Bull. First, in that, when the Empire happeneth to be vacant, by the death of the Emperor, or that the Emperor tranaileth out of the Empire, he than is to have the administration of the affaaires of the Empire, in the Countries of the Rhine, of Suevia, and of the law Franconien. Secondly, in that by the same Golden Bull, he is constituted and ordained judge of the Emperor: when a third person hath any different or controversy with him, in the occurrences concerning the Empire. Nevertheless, for all this, he doth not leave to acknowledge the Emperor that now is, for his head, and superior, chosen and confirmed in this dignity, by the plurality of the Electoral voices: he doth not dispute any thing whatsoever appertaining unto the said Imperial dignity; He (as he from the beginning hitherto hath done) doth offer and declare publicly to account and respect him for such, and in that quality to give him all honour, reverence, and obedience, conformable and agreeable unto the Constitutions of the Empire. The Crown of Bohemia in controversy between them is, (as it is apparent and evident by the aforesaid proofs) a particular difference, or controversy, which is in question, not as between an Emperor and an Elector, but as between two Princes of the Empire, of the which in this action, the one neither can nor aught to have pre-eminence above the other, but have need of a judge impartial, such as the Emperor that now is, with the College of Electors might be, if he were not interessed in the same, as party principal: And as for the Electors, the most part of them be, from the beginning of these troubles, made suspected, and incapable to interpose their judgement: For first, and to begin, the three Ecclesiastical Electors favourizing the Archduke Ferdinand, even from before his Election Imperial, would not by any means hear the griefs of the Estates of Bohemia against the said Archduke, when they sent for that purpose their Ambassadors, unto the College of Electors, at that time assembled at Franckfort, (as hath been said) but rejecting them, as coming about a particular difference (though by reason of the Electorate annexed unto that Crown, all the said College, yea, the generality of the Empire hath interest therein) neither ceased they, until the said Archduke was brought into the Conclave of the Electors, as Elector of Boheme. It is very true, that after this Introduction, and Election Imperial, which ensued thereupon, the Emperor that now is, remitted and gave over the decision of this Affair unto the arbitrage of all the Electors, who assigned a day and place unto the said Estates of Bohemia, for to treat thereof. But they would not then submit and yield themselves thereunto, forasmuch as the matter was not now entire, and in the same estate it was, for that the said Electors, by the said bringing and introduction of him into the College of the Electors, had given an advantage unto their counterpartie. Where it is to be remarked, that as well in the said Introduction as in the Election of the Emperor, the Elector Palatine did by his Ambassadors make an express reservation for the said Estates of Bohemia, of their right that did belong unto them. As concerning that after the acceptation of the said Crown of Bohemia by the Elector Palatine, the said three Electors Ecclesiastical, and the Elector of Saxony, wrote from their Assembly holden at Mulhausen, as well unto the said Estates, as to the said Elector Palatine, and others, that it appertained unto them as Electors, to take knowledge of that fact, as of an Affair of the Empire; there is a contradiction to be found therein: for at Francfort, the three Ecclesiastical Electors declared, That they held the griefs and pretensions of the said Estates for a particular fact, and would not by any means, that it should be decided by the College of Electors: yea, which is more, they wrote unto the Elector Frederick, which at that same time was in the high Palatinate, to pray him to come in person to Francfort; and amongst other points of their Letters, openly declared, That they would never suffer the Estates of Bohemia to dispute or question Ferdinand about the Crown of Bohemia: How could they then, in the interposition of their authority, upon that difference, avoid the suspicion of partiality? Also it is to no purpose, to allege in this difference the authority of the Emperor, to better and gain the suit; for the authority Imperiall, which the Archduke Ferdinand hath obtained after his abdication in Bohemia, hath not meliorated his particular cause, or made it more just. For example, if two Soldiers go to Law, or contend for some Debt, or some other Quarrel, and if that one of them is made Captain, and hath obtained authority over the other, his cause is not any way bettered by this new authority. If two Citizens be at Law for a piece of Land, and if two Princes be in controversy for a Crown, and one is made Emperor; shall he carry away the Crown by his new Imperial authority? Or else is it not lawful in all causes for an inferior to pretend any right in a particular fact against his superior? Behold then, as concerning the difference and controversy of Bohemia; the decision of which, the Prince Elector Palatine hath been always, and is, ready to remit, either to a Sentence of unpartial justice, or to the Arbitrage of eminent persons, capable of the cause, and not adherent and leaning unto the other party alone. Touching the third Head. NOw that we have heretofore made it apparent, and evident, by the quality of the Controversy, and other circumstances, that the Emperor could not interpose therein his Imperial authority, to his own proper advantage, and to the prejudice of the Prince Elector Palatine; this conclusion followeth thereon, without contradiction, that the Proscription is precipitated, and unlawfully done: The which is deduced, shown, and proved so apparently, in many other Writings published, that it should be superfluous to make any great or long discourse; but it sufficeth to add in this place some example and instance of the evident Nullities which are found in the said Proscription. First, the Emperor (from the beginning) bore himself as demandant and Plaintiff against the Prince Palatine, and in stead of pursuing him by the way of unpartial justice, he hath pursued him with all Hostility, with Fire and Sword, showing by all sort of violence, that his principal Butt and Mark was no other, but to revenge himself, and to ruinate the other utterly, as by his Letters and Writings, as well particular as public, and above all things, the effects which have ensued thereof, have verified, that such have been his Designs. He could not then be judge and Party at one time, much less could he pronounce the Sentence, that should be unpartial, and exempt from the appetite of bitter revenge. Secondly, the Emperor hath commenced this Process, to wit, by the execution, and the aforementioned Hostilities, without citation, without judicial recognition of the cause, and without hearing the defence of the Prince Palatine. Thirdly, the proscription hath been precipitated, and published, against the Constitutions of the Empire, without the advice and approbation of the Electors jointly: For though that this Arrest and Decree hath been deliberated on with the knowledge and consent of the Ecclesiastical Electors; so it is, that that which was done, was done in particular and in hugger mugger, the secular Electors never giving their consent thereunto: Neither was the resolution of the same taken Collegiately, for it was taken in the house of the Count of Ogniate, Ambassador of Spain, at Vienna, as it appeareth by the Letters of the said Count of Ogniate; and information is had thereof by other means also. For the fourth, it is founded partly upon certain ancient Constitutions of the Empire, made against the breakers of the public peace, who would not submit themselves unto justice, nor be reduced unto Peace, except they were constrained by force of Arms. The said Constitutions do not any way touch the Prince Palatine, for that he did not raise the War in Bohemia, and meddled not therein, but for their defence; being always ready (as hath been said) to undergo the decision of his Cause, either by way of justice, or by an unpartial interposition: And as to the authority absolute, to proscribe a Prince Elector without the universal consent of the Electors, without recognition of the cause, without citation, and without the hearing of the justification of the party accused, that is in one word a thing never heard of in the Empire. And though that the Emperor had had such an authority absolute, and that it had been founded upon the said Constitutions: so it is, that he cannot make any use of it without infringing the Capitulation, and his oath, which is quite contrary, as it apparently and evidently appeareth, by the ensuing extraict of the 25. and 26. Articles of the said Capitulation of the clause, comprised in the 28 Article, and of the last Article. Capitulationis Caesar. Artic. 25. SImili modo debemus et volumus Electoribus, Principibus, Pralatis, Comitibus, Dominis, alijsque Sacri Romani Imperij Ordinibus nullam violentiam inferre, neque aliis ut idem faciant, permittemus, sed vice versa, si quis rem versus alium habuerit, ad seditionem discordiam, omnemque intemperiem, in S. Romano Imperio pracavendam, ambas litigantes partes, in consueto judicio, audiemus, neque cniquam per mittemus, sub quocunque rei praetextu, etiam illud fieri posset, ut alter ab altero, rapinis, bellis, alijsque incommodatibus infestetur, vel obruatur. Articulo 26. DEbemus et volumus etiam pra●a●ere et nullo molo committere, ut in posterum, quisquam, tam superioris, quam inferior is sortis homines Hloctores, Principes vil alii Ordires, absque causa, inauditi, proscribantur; sed multo magi●, in illic Casibus, ordinarii processas, et S. Romani Imperii Constitutiones ex praescripto eiusdem Imperii, Anno C.M.D.L.X. reformatae Imperialis Camerae, et subsecuti Comiti●rum Recessus, ordinario legitimoque modo obseruentur, attamen, ut laesae parti, iuxta pacis provincialis requisita, legitima sua defensio reseruetur. Ex Articulo 38. SVi sutem contra modo commemoritos Articulos, & punctae, aliquid susceptum vel molitum fuerit, illud nullum, irritum, atque tnualidum pronuntiamus, quemadmodum etiamea omnia iam ●emelpro semper irrita atque invalida pronu●tiamus, et vrgenie necessitate oneratae gravataeque parti, literis testimontasibus succurrere non gravabimur. Ex Articulo 39 ET in rebus seriis, Sacrum Romanum Imperium concernentibus, mox ab initio, corundem Electorum consi●●um et considerationes minime aspernabimur. Articulo 42. QVo mel●us etiam ●am intimum, quam Imperio Aulicum consilium, huius Capitulationis certieres reddantur, et iux ta iliam, in Consil●●s et alias etiam, actiones suas inslituere queant: idcirco non duntaxat ●●us rei ipsos certiores reddemus: verum etiam sub praestando officia●● suo iuramento ipsis serio iniungemus, ut eandem (capitula●ionem) assidue in oculis, quasi circumferant, nec contra illam sua forsitan consilio conferant: id quod commemorato ipsorum official●, iuramento, expressis verbis niseri curabimus. Articulo 43. ET hec omnia, et quodlibet quidem in specie, nos supra memoratus Romanorum Rex, dictis S. Romani Imp. Electoribus, sub verbis nostris Regiis, nomine veritatis promisimus, atque tenore presentium literarum, eadem nostra verba Regia seruanda, Corporaliad Deum et S S. Euangelium praestito iuramento confirmanimus, neque eadem ullo modo, qualiscunque etiam excogitari posses, violabi●us, In fidem praemissorum, Sex istas una forma, et styl●, ex aratasliteras, Regio nostro sigillo, confirmavimus▪ et unas singuiis, electoribus tradi curavimus, Quae dabantur 28. Augusti, Anno a partu virgineo Domini, & saluatoris jesu Christi, M.D.XIX Regnorum nostro●um Romani, primo, et Hungaric●, secundo, et Bohemici, tertio. ALL the other Articles of the said Capitulation do contain also conditions and promises, so advantageous unto the Electors, Princes, and Estates of the Empire, that it is impossible to make as much as any one of them valuable or of force, to cloak or palliate the lest that may be of the injustice of the said Proscription, except that any one will hold and maintain, that the solemn oath madeby his Majesty Imperial in the confirmation of them, is not obligatory, and that in reading the said conditions and promises, one ought to understand them contrary to the words set down. Behold, I say, some scantlings of the Nullities of the said Proscription; for the rest of the things that are defective in the same, I remit you unto the Treatises and deductions, more amply set down in print, and published unto the world. And besides the said Nullities, the text of the Proscription is farced, and stuffed, with many false narrations, by the which, some labour to deingrate the Prince Palatine, and to make him more odious, and to give some colour of justice unto this unjust proceedings: For he is accused to have practised with the Turk, and to have exposed thereby Christendom, unto extreme danger, the which calumnious slander is drawn out of that, that the Estates of Hungary and Bohemia, conjointly with the Provinces incorporated, sent in the year 1620. an Ambassade unto Constantinople. But it is not enough to accuse him, but it is reason rather to have proofs: the depeach and the instruction of the said ambassade (the counterpartie whereof is in men's hands) showeth the quite contrary. And since that they of the other party dare not show, nor publish it, because that the said slander cannot be verified thereby, the good compatriotes have caused it not long since to be published, and imprinted, that it might be communicated unto all the World, who may see by the same, that the Butt and end of the said ambassade was for no other end and purpose, then to obtain a firm peace with that puissant Neighbour, and Borderer, and redoutable Enemy of Christendom, and by that means to impeach and divert him, to make use and benefit of those occasions that the unfortunate War, raised and begun by them of the House and Family of Austria, presented unto him, of invading and piercing into the said Realms, and Provinces: And that was done the more, for that the said House of Austria had unarmed and disfurnished the Fortresses and Frontiers of Hungary of their Munitions of War, for to employ them against the Estates of Bohemia, where indeed they should have made them to serve against the invasion of the Turk, unto the which they were destinate and appointed, and unto which the Estates of the Empire had contributed, with the expenses of their own money. Now to give some appearance and colour unto this unjust Proscription, the contrary party maketh a great show, with rehearsing the example of the Elector john Frederick of Saxony, who in the year one thousand five hundred forty six, was proscribed by the Emperor Charles the fifth; by the execution of the which, he was despoiled of one part of his Countries, and of his Dignity Electoral, wherewith the Dukes, Maurice, and Auguste of Saxony, and their descendants, were invested, with the exclusion of his three sons, and of his brother. But this example hath no resemblance with that of the Prince Palatine. For first, after the declaration of the Ban, he was offered a Treaty of Peace, by the entermise of the Elector Frederick the second, Count Palatine, and of Doctor Eck, Counsellor of the Emperor Charles the sister; but he utterly refused it. On the contrary, the Elector Palatine hath sought by all means an equitable peace, and cannot obtain it. Secondly, the Elector john Frederick and his Confederates made open War against the Emperor Charles the fifth, whom they would not acknowledge for Emperor, calling him Charles of Gaunt, who named himself Emperor; and that which is more, they sent him a Cartell, or Letter of Defiance, and in solemn manner renounced the Oath they had formerly made unto him. But it hath been demonstrated here before, that the Elector Palatine did not meddle, nor had any contention with the Emperor Ferdinand, as with an Emperor, but as with an Archduke of Austria; who, before that he came to the Crown Imperiall, had already commenced and begun the War. And as for the Dignity Imperiall, the Elector Palatine hath always protested to recognize him for Emperor; and in this quality, to render and to give him all obedience and respect, in conformity unto the Constitutions of the Empire. Thirdly, the Elector john Frederick (at that time detained and kept prisoner) renounced the foureteenth day of May, in the year of our Lord, one thousand five hundred forty and seven, in the Camp before Wittenberg, for him and his heirs, all the Rights that he could pretend upon the Electorate of Saxony; the which Renunciation was ratified by his three sons, and his brother: which thing cannot be said on the behalf of the Elector Palatine. And though that the example of the Elector Palatine may not be compared and resembled with the example of the Elector john Frederick of Saxony: (between the which, there is as much difference notwithstanding, then there is between Summer and Winter) so it is, that there is not any that can justify the said pretended Proscription, for that the Emperor which is now at this day, is obliged and bound by his Capitulation confirmed by his corporal Oath, not to do the like thereafter. Since that then the Injustice of the Proscription precipitated against the Prince Palatine, is so unjust, it will not be amiss to see and view also the Injustice, or more rather, enormous excess of the Execution. The Execution hath been commenced a good space of time before the publication of the Sentence; and as well before, as after, the Palatinate hath been made the Scaffold, upon the which hath been played the most horrible, the most cruel, and the most detestable Tragedies, that ever any man heard or saw, since the Empire had the Name of Christian. Some pretend, that the Prince hath offended, and for it the people have been punished. These poor innocent Countries have been exposed in prey unto foreign and strange Nations, Cossaques, Croatians, and other Barbarians, who under the sacred Name of the Emperor, have peeled, saccaged, ravaged, massacred them, and burned their habitations and houses; in such sort, that the Heavens doth bemoan and feel the sobs and groans of many thousand Christian souls, that never had any knowledge, and much less of partaking in the Affairs of Bohemia: The Air is yet obscured and darkened with the smoke of so many Towns, Villages, Boroughes, Castles, Houses, and Hamlets, burned and consumed with Fire; and the Earth is yet all moist, and died (as it were) with a deluge of blood, at the which the living have horror, and the posterity will have detestation. These poor innocents are brought under the yoke of a perpetual misery: there is carried away out of the Palatinate a great number of persons, women and children, into strange Countries; of the which, some have been barbarously sold upon the frontiers of Turkey: And in most parts of the Palatinate▪ these wretched souls are daily deprived of the exercises of their Religion, that not only the solace of their bodies is taken from them, but they are also deprived of the consolation of their souls. The Country is dismembered, the Territories are divided, and the Subjects are constrained and enforced to do homage unto strangers. The little that remaineth of their goods, is confiscated; and especially, the goods of Officers and servants of the said Lord are escheated. To be short, there is done all the mischief and evil, that the malice of men can devose. And for the execution of all those violences and excesses, the Duke of Bavyer, and those of the League, have most passionately and furiously employed their Arms; and the doing there of, doth violate and break the faith and promise by them given and made at the Treaty of ulme's: in the which it was accorded and decreed, under the Signature, Letters, and Seals of the said Duke of Bavyer, That they shall not make any Invasion, or Act of Hostility, within the one or the other of the two Palatinates, under any colour, name, or pretext, whatsoever it was, nor to meddle with any thing within the said Palatinates. But that is not all: These Outrages were not committed only against the Elector Palatine, but they have driven away the Duke of Symmeren, his brother, out of his Patrimony, his Countries, Goods, and Revenues; they have ruined his subjects, who are yet to this day incessantly evil entreated, and consumed and impoverished with all sort of Exactions, Contributions, and other insupportable Charges: And yet he was never accused, much less convicted of any Crime; yea, rather the Emperor himself hath declared him to be innocent. The bordering Countries have not been much better dealt withal, and entreated, but extremely molested, peeled, and ravaged, in diverse quarters, against the Treaty of M●●tz, and of Asc●affenburg, made by the Commissaries of the Emperor with them of the Union, and ratified by the Imperial Majesty: by the which Treaties, it was promised unto all the Princes, Estates, and Cities of the Empire, That unto them there should no Hurt, Damage, incommodity, or Trouble be done, for or concerning the subject of these Affairs, nor otherwise. And not to stand and enlarge one's self upon the particulars, but to descend and come unto the generality; this Proscription, and Execution so vindicative, hath in that manner afflicted all the Corpse and Body of the Empire, that it seemeth to be the downfall of its total ruin. Moreover, they were not content to deprive the Prince Palatine of his Estates and Dignities Electoralls, but they have also deprived his Children, and Brother, and his other near Kinsmen, though they were all Innocents', taking away from them the benefit of their Inuestitutes in Remainder, and Reversion, for to give them unto the Duke of Bavyer, in recompense of so much blood he hath shed, and fire kindled; and when he hath put him in the pretended possession of the said Estates, and Dignities, the said Kinsmen and Allies are put unto suit together, by way of Law, or by an amiable Composition, to whom they shall appertain after the death of the Dukes of Bavyer: and you nevertheless, before the Cause come so far, there are given unto the Duke of Neaburg Letters of expectancy, for to be preferred thereto, and placed therein, before all others. The true cause of this extraordinary rigorous proceedings against the House Electoral Palatine, is clearly expressed in the Letters written by the Emperor unto Don Balthasar d' Cuiuga, principal Councillor unto the King of Spain, dated the fifteenth day of October, in the year of our Lord one thousand six hundred twenty and one, to be seen in the Chancelrie of Spain (a Book so called) that is to say, That forasmuch as they have heretofore made opposition unto the House of Austria, the which thinketh, that it cannot extend his domination so far, as it proiccteth, if that the said House of the Palatine be not utterly ruinated. So also the translation of the Electorate into the House of Bavyer, expressedly declareth in the Postscript of the same Letters, That the Butt thereof is, that by means thereof the Catholic Romans may have more, and plurality of Voices, in the College of the Electors, and that the Empire may be perpetuated in the House of Austria; unto the advancement of which, the Duke of Bavyer shall be obliged and bound, for this great benefit received from the House of Austria. The Practices and secret Drifts, the Letters sent unto Rome, into Spain, and sundry parts of Almaigne, the counterfeit Embassades sent here and there, under false pretexts and semblants, and infinite other cunning Tricks, whereof they make use to further their Affairs, and to bring them unto the point where they are seen to be at this day, be so many in number, that they would make a great Book, to comprise them all: The intention of this Information, being only to demonstrate a far off the wrong that is done unto the Elector Palatine, and his Children and Friends. Touching the fourth Head. IT hath been said in the first Head, That at the very beginning of the Troubles of Bohemia, the Prince Elector Palatine desirous to see the Peace established there, and the Subjects reconciled unto their King, sent an Ambassador unto the Emperor at Vienna, for to desire him to vanquish himself, to lay down Arms, and surcease from violence, and to quench the fire of a pernicious War at the first. But that was in vain; for the Ambassador continued his Suit instantly many months together, to his great charges, at Vienna; but returned, and obtained nothing. After the death of the Emperor Mathias, the King of great Briraine to testify and witness his good intentions, toward the public good of all Germany, sent the Viscount Doncaster, Councillor in his Counsels of Estate, and Gentleman of his Chamber, in Ambassade unto the Archduke Ferdinand, at that time designed King of Bohemia, and other Princes of the Empire, to mediate an accommodation between the said Ferdinand, and the said Estates of Bohemia, and by this sweet and mild way, to reduce and bring the parties unto repose and rest, and to prevent the evils which have afterward miserably afflicted, do afflict, and will afflict still all the corpses and body of the fifth Empire, yea and of all Christendom, if God by his grace do not give a convenable remedy thereunto. The said Ambassador met the Archduke Ferdinand at Ratisbone, in the way for to go unto the Diet of Franckfort, called for the Election of a new Emperor: he was given to understand, that in that place of Ratisbone, the affairs of Bohemia could not be treated of; and that therefore he should return back, and go unto Franckfort, where there would be better commodity to confer with the Electors, and to take a good resolution therein; but he thinking to obtain so much as to enter into the Town for that purpose, was not permitted so to do, under the pretext and colour, that it was against the Golden Bull, to permit strangers, Princes, or Ambassadors, during the holding of the same Diet, to enter into the Town. So that he was constrained to withdraw himself unto Hanau, and there to stay a long time at great charges and expenses, for that he had a very great train: And though he requested oftentimes, and with great instance to be admitted and heard; yet he could not obtain, until that Ferdinand was brought into the Conclave Electoral, and by that means chosen Emperor: And for that the Emperor, after that he was come, by his reception unto the College Electoral, as King of Bohemia, unto the mark he aimed, had remitted the said affair and business of Bohemia unto the Arbitrage of the Electors, the negotiation of the said Lord Ambassador was made frustrate, and he dismissed to go unto the place from whence he came. Behold here the first affront made unto the King of great Britain in his interposition. In the year of our Lord, One thousand six hundred and twenty: The King of Spain and the Archduke Albertus set on foot a puissant Army in the Provinces of Burgogne, in the month of july and August, the King of great Britain advertised from other places, that it was to invade the lower Palatinate, sent Sir Edward Conway and Sir Richard Weston his Ambassadors, unto the Archduke at Bruxelles, to exhort him not to make any invasion into the Palatinate, with offers to interpose his good Offices for the advancement and furthering of an amiable & friendly composition, unto whom answer was given: That the King of Spain and his Highness had assembled and form an Army for the service of the Emperor, and that as yet the resolution was not taken, in what place that Army should he employed. Now it is a thing to be noted, that the said Army marched already toward the Palatinate, when that they made this answer full of mockery unto the said Ambassadors. Incontinently after the publication of the Ban against the Prince Pala●●ne, the Princes and Estates united, dispached their Ambassadors unto to beseech him to suspend the execution thereof, and to give way unto an accommodation, for to stop the evils that would ensue thereof infallibly, assuring themselves to dispose the said Prince Palatine unto all things that should be thought convenable and equitable for the common good and repost, but such answer was made unto them in the Emperor's name, that they might understand that nothing was intended and to be looked for, but fire and sword. The King of Denmark also bestowing therein the same offices by his Ambassadors, was paid with like money as the Princes and Estates united were. And for that the Prince Elector Palatine had betrusted all this affair, in the interposition of the Kings of great Britain, and of Denmark, with promise to ratify and accomplish all whatsoever, they concluded or accorded in his name, so that it were not against his conscience or his honour: his Majesty of great Britain (unto whom he afterward remitted the negotiation thereof, & granting to do all that he shall judge most fitting, for the recovering of his Estates and dignities, and the re-establishment of a firm peace in the Empire) voluntarily charged himself with this entermise, and promised, as he hath promised oftentimes hitherto, to employ therein all his possible means, and to expose therein, if need be, all that God hath given him in this world, judging it better, notwithstanding, it to be the better & more reasonable to search and make use of the way of mildness, before that he proceeded unto extremities. This is the matter, why his Majesty of Great Britain sent the Lord Digby, Counsellor of Estate, and Gentleman of his Chamber, unto the Emperor in the month of june, with large instructions and power, to labour to bring the affairs unto some good composition. The Archduke Albertus had then granted a truce in the lower Palatinate for some weeks, which began to expite, and the high Palatinate was yet in the hands of the Prince Palatine, but terribly menaced, and in great fear, by reason of the great preparations of war made by the Duke of Bavier, to gain and win the same under the title of a Commission Imperial to him given. The Ambassador Digby used all his forces and diligences possible for the discharge of his Ambassade, daily redoubling his instances toward his Majesty Imperial, the which declared that he desired nothing more, (than peace, ●● the Prince Palatine would first make satisfaction, and submission, unto the which was added, sometime one thing, and then at another time, another thing; only (as the effects testified) for to gain and win time, until the Truce was expired: And that the Duke of Bavyer might have an occasion to give a blow upon the high Palatinate, without the impeachment of Count Mansfelt, who had amazed and gathered together some Troops, upon the Frontiers of Bohemia. The said Truce being expired, the Spaniards recommenced the War in the lower Palatinate, the Emperor not abiding to give any ear unto the prorogation of the Truce, alleging many new pretexts: yet nevertheless, his Imperial Majesty, and they of his Council, put the said Ambassador in hopes, by fair words, and goodly promises, That the Duke of Bavyer (whose Commission had been suspended by the order of the Emperor, at the solicitation of the said Ambassador) should not receive any new Commission, and should be enjoined not to make hereafter the execution of the Ban against the higher Palatinate. And finally, upon the reiterated instances of the Ambassador, and upon certain Conditions and Promises by him offered, his Imperial Majesty consented unto a Treaty, and wrote unto the Infanta of Spain the eleventh of September, giving her power to agree with the King of Great Britain (if the Affairs in those Quarters permitted her) and decree with him a suspension or deposition of Arms, that by that means they might enter into a friendly and amiable conference of a peace and accommodation. The Ambassador trusting and confiding in all these Declarations, Promises, and Words, and not being able to obtain more at their hand, took leave of the Emperor, and made haste in his return, with a purpose to bring (by the power of the Commission given unto the Infanta) his Affairs to some good pass. But in his return he was advertised, and saw himself, that the Duke of Bavyer was made Master of all the whole high Palatinate, and constrained the subjects to do him homage; whereof he made complaints unto the Emperor by his Letters of the fifth of October, making unto him a remonstration, that the same was done unto the prejudice of his Declaration, and against that which his Councillors had given him to understand. Being arrived at Brussels, he assayed and tried by all means to obtain a suspension of Arms: which thing was impossible, forasmuch as the Emperor had commanded the said Infanta, by other Letters written (unknowing unto the said Ambassador) That she should not make any accord of Truce, and that his Majesty Imperial had enjoined Don Cordua to proceed: So that the contrariety of these Letters, dispatched and sent at one and the same time, upon one and the same subject, is evidently discovered by the answer the Infanta gave unto the Ambassador, on the eight day of November, a thousand six hundred twenty and one: which was done not to lose, but to follow the advantage which the counterparty had gotten by the occupation of the high Palatine, and the greatest part of the low Palatinate, and that there rested no more to take, but Heydelberg Manheym, and Frankendale, and some other small places; to the Conquest of which, the Duke of Bavyer sent the greatest part of his Army, which joined itself unto the Spaniards under diverse pretexts: insomuch, that all the endeavours that his Majesty of Great Britain had made at Brussels, for to procure some small release & ease unto the poor Palatinate, and to mediate a treaty of Peace, were as unprofitable as the precedent, and former at Vienna: where yet nevertheless was made all manner of fair semblant, and seeming to have a desire to give satisfaction unto his said Majesty, who demanded an entire restitution of the high and low Palatinate, and of the Dignity Electoral, for his son in law, who on the other part promised to yield up and surrender the Crown of Bohemia; and as concerning the submission, to do (unto the which, they on the other side insisted strongly, without any intention to accept thereof) all that which might be done, without prejudice of the Constitutions of the Empire. The Army of the Papistique League, and those of the Spaniards, did extremely ravage the low Palatinate: upon which, the Count Palatine was constrained to go thither in person, and to make all the resistance possible with the Troops of the Count of Mansfelt. His Majesty of Great Britain seeing that the enemies reenforced themselves, and grew strong daily, and had enterprised to import and to conquer all the low Palatinate, as well as the high Country; he thought it good to write unto the Emperor by a Corrieur, or Post, sent of purpose, and to offer him, in the behalf of his son in law, by his Letters (which were of the twelfth of November, one thousand six hundred twenty and one) Conditions of Peace, such as he thought as impossible, that the Emperor (of whose pacifique intentions all men spoke) ought or could refuse them. And to the end he might lay an assured foundation upon the said offers, he seriously exhorted the Prince Elector Palatine, his son in law, to ratify them, and to promise the accomplishment of them, by an authentical Instrument, signed with his hand, and sealed with his seal; the which he did, dated the five and twentieth day of the said month of November, preferring the public peace and repose of Germany, before all the particular considerations of himself and his House. And though there was no speech in the Court at Vienna, and that of Brussels, made unto the Ambassadors and ministers of the King of Great Britain, of any other thing, then of the pacifique intentions of the Emperor, and of the resolution that he had to give all satisfaction unto his Majesty of Great Britain; so it is, that yet he did not accept the said Conditions, and so by the refusal of them, dispensed the Prince Elector Palatine not to be bound and obliged therewith, & sent the Count of Schwartzenburg into England, only for to make all sort of compliment, and gave a new Commission unto the Infanta to treat with the King of great Britain about a suspension and laying down of Arms, and also of a peace, and made in that same time, the War to be continued in the lower Palatinate, unto the Princes and Estates evangelics of the Empire he dissimuled, and would not be known of the same conditions; but he caused them to be communicated unto the Prince Bethelem Gabor, who upon that took occasion to make peace with the Emperor; whereupon it ensued, that the greatest part of the troops which were in Austria, Bohemia, and other places were sent into the lower Palatinate, to make an end of all: notwithstanding, his Majesty of great Britain was continually assured of the restitution, and offers were made of a treaty of peace: to be brief, promises were made upon promise, and so his Majesty entered into a new parley, and sent Sir Richard Weston unto Brussels to treat with the Infanta, who ordained and appointed Commissioners for that effect and purpose, who for to gain and win time, exacted of the said Ambassador a plain power signed with the hand of the Prince Palatine, to the end (as they said) they might be assured, that he would ratify and accomplish all that they should conclude and determine: and although that his Majesty had already sufficient power, upon many Letters of his son in law; so it is, that they would see a plenipotency or full power inform, that which his Majesty granted them, and caused a plenipotency or full power to be dispatched by his said Ambassador as well in his own name, as in the name of his son in law, who signed the same jointly with his Majesty, & sent the same to Brussels, where the said plain power being come, the Commissioners found therein one only word repeated; to wit, the title of Elector, which was given unto the said Prince, and prayed that the said full power might be reform and renewed, and that title put out thereof, alleging that they could not well treat that title being in: and so his Majesty to take away all exceptions, made the said power, with the omission of that title, to be drawn again; but yet with an exception that it should not at any time prejudice him by any means. These comings and goings too and fro, caused by the contreparty, were for no other end, but draw out and to prolong the business, and to hinder and impeach, that his Majesty (who had already promised to entertain 8000. footmen, and 1600. horse in the Palatinate, at his own charges,) should not send thither any great succour, not make any diversion in Flanders, nor any where else. The said power then having been made, made again, signed, and sent the second time at the instances of the said Commissioners, his Majesty received Letters from the Emperor, written the 18. of june, by the which he gave him to understand, that the treaty of peace could not well be made nor concluded at Brussels, since that the affair and business concerned & touched all the Empire, and that therefore he had called an assembly of the Electors, and some other Princes at Ratisbone, remitting and leaving it unto the good pleasure of his Majesty, if he would send any one thither on his behalf. The which contrary and undue procedure, his Majesty took as strange, and thereof made sharp and bitter complaints unto the Emperor in his answer. And for that the rest of the Palatinate stood in danger to be lost, not being able to resist such puissant enemies, his Majesty in some manner to break that blow, took into his protection the Towns of Heydelberg, Manheym, and Frankendale, but that was no hindrance: for the two first were besieged & furiously battered, Heydelberg taken by assault and pillaged, and that of Manheym taken by composition; so that there remained none but the Town of Frankendale only; for the conservation of the which, his Majesty seeing that it would be left in his protection no more than the other two, found it good, and at the instance & great promises of the Infanta, to sequester it into her hands, and she gave the government thereof unto Don Verdugo, a Nobleman of Spain, who put therein a Garrison, the which at this day menaceth incessantly the poor Burgesses, to pillage them for want of their payment, though it be not bound to satisfy them for the same. After the taking & total ruin of the Palatinate, the Emperor made haste with the Diet of Ratisbon, and was there in person, where he invested publicly the Duke of Bavier with the Palatinat Electoral, to the exclusion of the children of the brother, & the nearest kinsmen of the Prince Palatine (against the advice and opposition of the Electors of Saxony and of Brandemburg, who pressed by their Ambassadors, the entire restitution of his Countries and dignities) And gave the King of Great Britain to understand by his Letters, dated at Raitsbone the fifth of March, one thousand six hundred twenty and three, in the which he added amongst other clear testimonies of his great good will toward his Majesty, that his translation of the Electorate in the house of Baviere, was made with express reservation, That it shall be permitted by especial grace unto the Grand children of his Majesty, and unto his other kinsmen, to treat hereafter in some Town Imperial, as Nuremburg, Angsberg, Vlm, or Franckfort, touching the right that every one of them may pretend in the titles and Dignities Electoralls: and if so be that they cannot agree and accord together, that it shall be lawful for them to commence suit, and enter into process before the Majesty Imperiall, and the College of the Electors, where they may assure and promise to themselves a quick dispatch, and justice soon administered, if they themselves do not hinder the same, by some act of their own; by the which reservation, his Majesty of Great Britain may see the most sincere affection the said Majesty Imperiall bore unto him, and to his posterity. This is the substance of the said Letters of the Emperor. Now let every one give his judgement of this goodly declaration. And it ought not to be passed in silence, that at his departure from the Diet at Ratisbone, the Emperor, as it is said, made show in the said Letters to reserve unto the children, brother, and kinsfolks of the Prince Palatine, some permission to dispute the right, that they would pretend after the Duke of Bavier; promised the expectance of the Electorate unto the Duke Wolfgang. William of Neuburg, confirmed by Letters and Seals. And as the Emperor hath always made procession of good will toward the King of Great Britain, and to give ear unto the entire restitution which he hath sought by friendship, and by the way of amity with great trouble and charge; but in vain: So also hath the King of Spain done the very same almost, until that the Palatinate hath been reduced unto the more than miserable estate, as it is at this day, and that the Duke of Bavier hath been put in full possession of all the high, and of the greatest part of the lower Palatinate, together with the dignity Electoral: for though the King of Spain hath oftentimes assured his Majesty of great Britain, as well by his Letters as by his Ambassadors, seriously to cooperate and join with him, for to obtain the entire restitution of the Palatinate Electoral, and of that which dependeth thereof, with an express promise for this effect to join his Arms with those of his Majesty if need was: This notwithstanding, when he hath been finally demanded by his own Ambassadors, a special declaration by writing, he hath answered, That he cannot do it, for that, beside, that it shall be to deprive him to have any hand in it, and the Arbitrage in this affair, as a mediator or friend, that it may also not only give cause unto the Emperor his Uncle, to take an unkindness or offence thereat; but also, that if he shall mingle threats and Arms, with the Offices of interposition, it shall be an unkindness and dis-office in his deportment which he ought in reason to use toward his Imperial Majesty: by the which answer it appeareth evidently, that all the said promises of Spain have been nothing but words. For the closure of this Information, we are moreover to recount an artifice and cunning trick, whereof the contrary party doth make use; That is: The Infanta of Spain under the colour and disguise of an Imperial Commission, and of an extreme desire to re-establish peace in the Empire, and to give satisfaction unto the King of Great Britain, made a proposition of certain Articles of a truce of fifteen months in the lower Palatinate, and generally for all the Empire, to the end, that in this space of time a treaty of a firm peace might be had: So, that his Majesty, after he had changed some thing in the said Articles, condescended thereunto, and signed them, sending them unto the Prince Elector Palatine, for to sign them also; who (after he had deferred a little while to consent unto them, because of the captious Articles he saw in them) upon the instances that were made, and the hopes that the counterparty made him take of an accommodation, signed them in like manner: but all that came unto nothing. For never since have they ceased to exercise against the poor Subjects of the Palatinate, all sorts of rigours, and violences; neither will they observe the Articles of truce, under diverse new colours & pretexts forged and framed out of their own fantasies and brains. The Butt and end of this counterfeited & disguised truce, was, for that Austria and Spain desired to take from the Prince Palatine the power of seeking the succours and assistance of foreign Kings and Princes, and especially to prevent, that (peradventure) he should not make use of the Forces and Armies, the Duke of Brunswick, and Count Mansfelt had then on foot, and that by that occasion the Prince Bethelem Gabor should not take occasion to make any invasion against the House of Austria. But at that same time, the Army of the Duke of Brunswick having been put to rout and defeated by a fatal destiny, Austria and Spain seeing themselues come to that Butt they shot at, made a mockery of the said Truce, & continuated their Hostilities, and a little after departed, and delivered unto the Archbishop of Mentz the Country of Bergstrate (which is one of the best Provinces of the Palatinate) for to oblige him so much the more strictly to maintain and defend their party against the Prince Palatine, and have imposed upon the poor subjects, as well of the Palatinate Electoral, as upon the Country of the Prince of Symmeren, diverse impositions, to them insupportable, which endure yet, and are augmented every day. It is also to be remarked, that the said Articles of Truce were communicated in the name of the Emperor, unto some Princes of the Empire, a whole month before that they were concluded, and accepted in England; and that in other form, and partly in another sense, only for to gain advantage, and to render and make the Electors and Princes of the Empire irresolute, and to hinder them from favouring the Prince Elector Palatine, whose total ruin and extirpation being the Butt and Mark (what semblant or show soever they had made to his Majesty of Great Britain) unto which they have directed all their Actions, for to effectuate all their abovesaid Designs. By all the which Drifts and Practices it may be seen, as in a Mirror, with how much misprision they have most unworthily abused the King of Great Britain; and certes he had desired much, that it might have passed in silence. But since that Murder and Slanders be the two Instruments, whereof the adherents of the contrary party make use, utterly to overthrow the Prince Palatine, and his friends; it is inevitably necessary to represent and demonstrate all that which is before written, by this brief Information. The Murders be seen by all the World, and the Calumnies and Slanders are made to sound in the cares of every one, in accusing the said Prince and his friends of things whereof they never thought. But for to avoid prolixity, among other things it is published, written, and blown abroad in all places continually, That the said Lord the Prince hath not from the beginning of these Troubles, hitherto shown any sign of his inclination unto Peace; but that all his Designs hath been no other, then to carry and bear himself with extremity of War, to the ruin of the Empire, and to the peril of Christendom. But before God, and them who know the contrary, there is produced here for Witnesses and Testimonies against this falsehood, all the Interpositions, Embassades, Requests, Offers, and Declarations abovesaid. Deuteron. chap. 32. vers. 43. God shall revenge the blood of his servants, he shall be revenged of his enemies, and shall be gracious and merciful unto the Country of his people. FINIS.