A BEWAILING OF THE PEACE OF GERMANY. OR, A Discourse touching the PEACE of PRAGVE, no less unhappily than unjustly concluded at PRAGUE in BOHEMIA, the 30. of May, 1635. Wherein the subtleties and practices of the Austrians, the weakness of the Saxons, the dangers of the Protestants, and the justness of the War, deservedly set on foot by the French and Swedes, are most evidently declared.  
Written in Latin by justus Asterius, otherwise Stella, a German, now one of the Advocates in the Court of Parliament of Paris, and Historiographer to the French King.  
Faithfully translated out of the Latin Copy.  
Whereunto is prefixed a brief Summarie of the Treaty of Peace concluded at Prague, as aforesaid, etc.  
Published by Authority.  JEREM. 6. v. 14. and 8. v. 11. 
They have healed the hurt of the daughter of my people slightly, saying, Peace, peace, when there is no peace.  
LONDON, Printed by I. L. for I H. and are to be sold in Paul's Churchyard, at the sign of the golden Lyon. 1637.   

THE CHIEF HEADS AND CONCLUSIONS OF THE TREATY OF Peace held at Prague, are contained in the three Extracts ensuing.  

I. A Summarie Extract out of the Treaty of Peace made and concluded betwixt the Emperor and the Elector of Saxony, at Prague, the 30. day of May, 1635.  
II. An Extract of the Agreement made betwixt the Emperor and the said Elector of Saxony, touching the joining of their Arms together.  
III. An Extract translated word for word out of the said Treaty, touching the Palatinate in particular.   

I. An Abridgement of the Treaty of the Peace.  
THE Revenues of th' Church, which were possessed by the Protestants, before the Treaty of Passaw, shall remain entirely in the same state they were settled in by the said Treaty of Passaw.  
The Church-Revenues possessed by them since the said Treaty, shall be left unto them for the space of forty years, upon the conditions more specially contained and expressed in this agreement, as well for the Spiritual, as for the Temporal.  
And ten years before the expiration of the said Term, the best endeavour shall be used to make a final accord, for so much as concerneth the said Possessions of the Church, and that which dependeth of them: But if that cannot be done, it shall then be in the power of the Emperor to make a decision of the difference: And in the mean time, there shall no more Church-Possessions be taken away from the Catholics.  
The Archbishopric of Magdebourg shall remain to Duke Augustus, son to the Elector of Saxony, during his life, upon such conditions as are expressed in this agreement as well for the Temporal, as for the Spiritual.  
The Elector of Saxony shall have the Seignories and Bayliwickes' of Querfurt, juterbock, Dama, and Borck; which Pieces he shall hold in Fee of the Archbishopric of Magdebourg.  
The Marquis Christian William, shall have 12000 Rixdollars given him by the year out of the Revenues of the said Archbishopric, during his life, for his entertainment.  
The Archduke Leopold William, the Emperor's son, shall have, amongst other things, the Bishopric of Halberstadt.  
The Nobility and Gentry of the Empire shall be left to their free exercise of the Confession of Auspurgh; as shall also those Imperial Cities, which shall conform themselves to this Treaty: But those which before the conclusion of the said Treaty, shall have accorded already in any other manner with the Emperor, shall hold themselves to that accord.  
The City of Donawerth shall remain in the hands of the Duke of Baviere, until he be re-embursed his charges.  
The free exercise of the Confession of Auspurgh shall no more be tolerated for the time to come in the Kingdom of Bohemia, nor in the other Hereditary Countries of the Emperor.  
As for Silesia, the Emperor hath given his resolution by itself, and hath made a particular accord with the Elector of Saxony, for Lusatia.  
The propositions made by the Elector of Saxony, That the Imperial Chamber may from henceforth be divided, and composed of persons of both Religions, equal in number; are put off unto the first general Assembly, which shall be holden hereafter: In the mean time, the order shall be observed which is practised in the said Imperial Chamber. But because there hath been no Visitation since the year 1600, there shall be one as soon as possibly may be extraordinarily.  
The instruction of the Assessors and Precedents of the Court Aulike, or of the Council following the Emperor's person, shall be submitted to the advice of all the Electors but the said Assessors shall not be of both Religions, in equal number.  
The Protestant Electors, Princes, and States, shall be permitted to have their Agents and Solicitors in the said Aulike Court.  
The Palatine Electorate, and the Countries belonging to it, shall remain unto the Duke of Baviere, and to the Line of Duke William his father, according as the Emperor hath ordered: And that which his Imperial Majesty hath decreed touching the estates of some of the Palatines servants, shall remain entire as it is.  
The Widow of the Elector Frederick the fourth, Count Palatine, shall enjoy her jointure, for so much as she can make appear to be due unto her.  
An entertainment of a Prince shall be given to the children of Frederick the proscribed, if they do in due manner humble themselves towards the Emperor: But this not to be done as a thing due, but of his Imperial grace.  
The heirs of the Count Tilly deceased shall have 400000 Rixdollars out of the Revenues of the Duchy of Brunswick, payable in eight years, with interest after five in the hundred, until it be fully paid: and in the mean time, they shall keep that which is mortgaged unto them.  
If the Dukes of Meckelburgh do accept these Articles of Pacification, they shall be received into the Amnestia, according as is contained in the particular Order made concerning that matter.  
The Electors, Princes, and States of the Confession of Auspurgh shall restore to the Emperor, and to the Catholic Electors, Princes, & States, his assistants, as also unto the Duke of Lorraine, their Countries, Lands, Seignories, Cities, Towns, Castles, and all that belongs unto them. Yet nevertheless, they shall not be tied to make restitution of the Revenues received, nor of their charges expended in the War; but they shall not carry away the Ordnance, nor their movable goods, out of the places which they shall give up.  
Aid and assistance shall be given, by a conjunction of Arms and Forces, to recover that which the Crown of France, the Crown of Sweden, and the States of the Empire, which will not conform themselves to this present Treaty, do possess within the Empire.  
The Emperor and his assistants shall restore the Elector of Saxony, and those of his party, their subjects, vassals, men, and servants, to the possession of their estates, if they accept of this Treaty; excepting those, whom the Emperor hath expressly excluded from it: And the Elector of Saxony, and those of his party, shall do the same reciprocally to the Emperor and his assistants.  
The places possessed by the Catholics, since the year 1625, (amongst which, Wolfenbottle and Newburgh are intended to be of the number) shall be restored to their proprietary Lords, without restoring them the Revenues of them, and without carrying away the Ordnance.  
The Elector of Saxony shall restore within ten days, that he yet holdeth in Bohemia; and shall give aid towards the dislodging of the Soldiers of the other party, which shall be found within that Kingdom.  
The said Elector of Saxony, and the rest of the Protestants of his party, shall aid the Emperor and his assistants, for the recovery of their Possessions, in conformity to this Treaty: And the Emperor, with his assistants, shall aid the said Elector and his, in the recovery of that which belongeth unto them.  
If the Elector of Brandenbourg, who is not excluded from the Amnestia, will accept of this Peace, he shall be invested in the Duchy of Pomeranie.  
All labour and endeavour shall be jointly used, to deliver Pomeranie, the upper and neither Circle of Saxony, and the whole Empire in general, from strange Soldiers.  
When this shall be done, and the House of Brunswick shall have accepted this Treaty, rid away his Soldiers, and shall have conformed itself, than Wolfenbottle and other places shall be restored unto him.  
When the Emperor, the Catholics, and the Duke of Lorraine shall be restored by the Protestants to that which belongeth unto them, in the upper and neither Circle of the Rhine, and in the Circles of Suaube, Bavaria, and Franconia, so as they may fully and peaceably enjoy it; the said Protestants shall also fully enjoy and have the benefit of this Peace.  
If the Emperor doth still entertain Garrisons in some places within the said Circles; that shall not prejudice the said Protestants, nor shall hinder them from returning thither, and enjoying their Right.  
And as it is provided, that the Duke of Lorraine shall be restored to the possession of all his Countries, and the appurtenances; so it shall not be suffered, that from henceforth any thing more whatsoever be taken from him.  
The Emperor reserveth unto himself the Fort of Philipsbourg, to dispose of it hereafter, as shall seem good unto himself.  
The Prisoners, and their Principals, to whom they belong, which shall conform themselves to this Treaty, shall be released within one month after the publication of the Peace: Yet nevertheless, those who have already promised their ransom, shall pay it, with the charges which they have expended.  
There shall be a general Amnestia betwixt the Emperor, the Catholic Electors, Princes, and States, his assistants, and the Elector of Saxony, and those which have been of his party in this War; in such manner and sort, that all which hath been done and committed hostilely, since the year 1630, until this time, shall be abolished and forgotten, if they do accept of this Peace within ten days: Which Amnestia shall be extended also unto their Heirs, Lands, Countries, People, and Subjects, their Officers of War, Soldiers, Counsellors, Servants, and Ministers.  
The Emperor hath excluded out of this Amnestia, the Affairs and Differences of Bohemia, and of the Palatinate: For since that his Imperial Majesty, for the quieting of them, hath been constrained to put himself to very great charges; he will seek for reparation of his Damages upon them, who have been the causers of them, and upon their Promoters and Assistants.  
He doth also exclude from this Amnestia, all the persons and estates, which are specified in a Schedule, which hath been exhibited of them unto the Elector of Saxony: Which exclusion and exception of the said persons and their estates, expressed in the said Schedule, shall be held as firm and available, to be effected and put in execution, as if the specification of them were here inserted word for word.  
The States, which have already made their accommodation with the Emperor, shall hold themselves to their agreement, and shall have no power to make any pretence to any further matter, by virtue of this.  
Those which have hitherto remained Neuters, and will accept of this Pacification, shall enjoy the said Amnestia.  
The foreign Potentates, which have interessed themselves in this War, since the year 1630, shall be also comprehended within the said Amnestia, if they will conform themselves to this Treaty.  
The Emperor will take it to his charge, to publish, notify, and also to advance, promote, and confirm by his Edicts and Commandments, this present Treaty, and that which depends of it: He will exhort and stir up every one to join his Arms to those of his Imperial Majesty, and to signify in what state, condition, and posture he finds himself, and what his Forces are: Which signification, or advertisement, every man shall give, either to the Emperor himself, or (if he cannot do that, by reason of the dangerousness of the Ways) to the King of Hungary, or to the Elector of Saxony, or to the Electors of Mentz, Collen, Bavaria, or to the general and principal Officers.  
The end or aim of this Pacification, is, to restore the Empire to her ancient tranquillity and liberty: And to this purpose, the Emperor shall continue armed; and the Elector of Saxony, and the other Electors, Princes, and States, shall join their troops to those of his Imperial Majesty: And of all their Armies, shall be made one principal one, which shall be called, The Army of his Imperial Majesty, and of the sacred Empire.  
The Elector of Saxony shall command the fourth part of the said Army, in a Body by itself; and the King of Hungary shall command the other three parts, in another Body, or in diverse, as it shall be found expedient.  
The said Army shall be employed against all those that shall oppose this Treaty of Pacification, or that shall not be willing to give use that they possess.  
All the Bodies of their Armies, and all their Generals and Officers, shall swear allegiance to the Emperor.  
Yet notwithstanding, the King of Hungary, and the Elector of Saxony, when they shall command in person, shall not be summoned to take their corporal Oath; but it shall suffice, that they engage their Word, Honour, and Dignity, Royal and Electoral, respectively.  
The Emperor will cause the Instructions and Capitulations (Articles brief) to be framed, as near as may be conformable to the Laws and Statutes of the Empire.  
The whole Body of the Empire shall contribute to the entertainment of the said Imperial Army; and the States shall make no difficulty to furnish and pay, presently after the publication, 120 months of the contribution of the Empire, called Romertzug.  
The charges and expenses of quartering the Army, shall be defalked out of the said contribution, in such sort, that those who have been at the charge of quartering and lodging the Soldiers, shall abate out of their taxation so much as they have expended that way.  
The Emperor will call an Imperial Diet as soon as possibly can be, as well for the settling and advancing of the said contribution of the Empire, as for the other public affairs of the Empire.  
When the Peace shall be fully reestablished, than all lodging of Soldiers and all sorts of arming shall cease.  
No foreign Forces shall be suffered to enter into the Empire, for any cause whatsoever, nor for the difference concerning the Palatinate.  
By virtue of this Pacification and Agreement, all other Unions, Leagues, and Alliances within the Empire, shall be disannulled and made void; except the Agreements and Contracts of Families, made betwixt Noble Houses.  
The Emperor will hold good intelligence with his neighbour Kingdoms, which do no oppression upon the Empire.  
His Imperial Majesty will reign and govern the Empire with mildness and clemency.  
On the other side, the Electors, Princes, and States, will render him all the respect and obedience they own him.  
Also good amity shall be maintained betwixt the parties.  
For the advancement of the Peace, and of justice, the Electors, Princes, and States shall hold good correspondence with the Emperor.  
The Constitutions of execution, and that which is ordained by this Treaty, shall be observed against those that shall keep themselves armed, in prejudice of this Pacification.  
Whatsoever shall be done and committed against the tenor of this Treaty, shall be held void ipso facto, and of no validity.  
The Emperor doth promise, by his Imperial Dignity, to observe whatsoever is concluded by this Treaty; and the Elector of Saxony doth the same.  
If then the Electors, Princes, and States of the Empire, or the greater part of them, do accept this Pacification and Agreement; it shall be held for a common resolution, and fundamental Law of the Empire: in conformity whereunto, the judges of Courts of justice shall give sentence against those that shall infringe the same.  
The Emperor and the Elector of Saxony have called to mind, that a conclusion of so high importance, which concerneth the whole Body of the Empire, ought not to have been made, but in a Diet of the Empire, or in an Assembly of Deputation: But for as much as the urgent necessity hereof, could not give leave to stay for the occasion of such an Assembly; it is by way of precaution declared, that this resolution shall not prejudice the right and liberty of the Empire, for the time to come.  
Three several Exemplifications in Parchment have been made and signed of this present Treaty, and all of one and the same tenor: whereof, one was delivered to the Emperor; the other, to the Elector of Mentz, as Arch-Chancellor of the Empire, to register it amongst the public Acts and Records of the Empire; and the third, to the Elector of Saxony.  
Given at Prague, the 30. of May, 1635.   

II. An Extract out of the particular Accord made betwixt the Emperor and the Elector of Saxony, touching the joining together of their Arms.  
ALL the Forces shall be reduced into one Armade, which shall be called, The Armade of his Imperial Majesty, and of the sacred Empire; and a good part of it shall be left to the Elector of Saxony, to be commanded. The proportion shall be this: If the Army do amount unto 80000 men, the Emperor shall have 60000 of them; which he shall cause to be commanded by the King of Hungary, his Son: and the Elector of Saxony shall have 20000 to command; and if the said Elector have four or five thousand over and above that number, he shall be suffered to have them. All these Soldiers shall be entertained with the contributions of the Empire; and the Receivers general shall be tied to furnish to every General his rate, according to the proportion of the Body of the Army which he shall command. If the Emperor happen to departed this life, the King of Hungary, his Son, and he whom it shall please him to ordain, shall continue the command of the Body of his Army. And if the Elector of Saxony happen to dye, his Son, who is to be his Successor in the Electorate, shall succeed his Father also in his place of General. If the said Elector, or his Son, do desire to be discharged of the Body of his Army, he shall be so; and the Emperor will entrust the Command of General of that Body of the Army, to some other of the Confession of Auspurgh; such as the said Elector, and the Elector of Brandenburg shall advise him unto. When any execution shall be commanded, and committed to one of the said Bodies of Armies, it shall be obedient, to undertake it; without any disturbance to be given unto them, in the said execution, by the other Bodies of Armies: and if that Body be not found sufficient for the action, the others shall readily and willingly assist it: To the effecting whereof, the Generals and Directors shall hold a careful correspondence together, and shall direct all their actions to one and the same end. They shall as soon as possibly may be, and at the furthest, within four or six weeks after the publication hereof, take their Oath of Allegiance unto the Emperor and the Empire, as is mentioned in the Treaty of Pacification. In the places where Catholics and Protestants dwell, the quarters shall be equally distributed, without any distinction of Religion. If any War do happen to be made in the Circles of high and low Saxony, and the Elector of Saxony, as being neighbour unto it, have a desire to do execution rather than another, or to quarter himself there, the Emperor will grant him leave to do it, before another. In case, that the Elector of Saxony, or his Son, should not be in person in the Camp, and that necessity did require, that they should join the Bodies of the Armies together; then the King of Hungary shall have the direction of the Body of the Army of the said Elector: and the levyes of Soldiers, and their quartering, shall be proportioned according to the Bodies of the Armies. The Receivers general of the Empire shall be bound by Oath, to pay and deliver the contribution-Mony to each Body of the Armies proportionably, that is to say, to the King of Hungary for 60000, and to the Elector of Saxony for 20000 men. When it shall please God to re-establish the Peace, and that the Troops shall come to be disbanded, this proportion shall be observed; That as the Elector shall disband 2000 men, the King of Hungary shall disband 6000. Whatsoever is not found to be comprehended nor expressed in this Schedule or Addition to the Agreement, is to be sought for in the Contents of the Treaty of Peace at large, which ought to be inviolably observed.  
Of this Schedule there have been made two Exemplifications in Parchment, of one and the same tenor: The one, for the Emperor; the other, for the Elector of Saxony.  
Given at Prague, the 30. of May, 1635.   

III. An Extract out of the said Treaty of Peace, for so much as concerneth the Palatinate.  
TOuching the business of the Palatine, as being that for which in these years last past many horrible Commotions, Troubles, and Oppressions have been raised; His Electoral Highness of Saxony did very stiffly insist upon it, to have it fully settled and accommodated, as well in point of the Electoral Dignity, as for that which concerneth his Countries: But for as much as it is notoriously known, (and the most laudable College of Electors judged it to be so at Mulbausen, in the year 1627.) that the proscribed Palatine, Frederick, hath been the Author and Promoter of all the Mischiefs happened in Bohemia, an Hereditary Kingdom of his Imperial Majesty, and immediately after in the Empire; and that his Imperial Majesty, together with his most honourable House, finds himself to be in debt for this occasion many Millions, and to have sustained diverse other great Damages; and namely, that he hath been constrained to leave some part of his Hereditary Countries in arreare, to furnish the expenses of the War: His Majesty would by no means departed from his resolution, although his Electoral Highness of Saxony did seriously bestow his labour therein. And therefore that remained firm and settled, which his Imperial Majesty had ordained and determined, touching the said Electoral Dignity, and his Countries; as well on the behalf of his Electoral Highness of Bavaria, and the Line of the late Duke William his Father, as otherwise; and also, touching the estates of some of the Palatines Servants. Yet nevertheless, the Widow of the late Elector, Frederick the fourth, Count Palatine of Rhine, shall have her jointure allowed her, so fare forth as she can make appear what belongeth to her. Also the entertainment of a Prince shall be ordered to be allowed to the Children of the proscribed Palatine, if they will duly humble themselves towards his Imperial Majesty. And all this to be done of his Imperial grace, not as any thing of due.  

Below.  
HIS Imperial Majesty doth expressly exclude and cut off from this Amnestia, the Affairs and Differences of Bohemia, and of the Palatinate. And because, for the appeasing and quieting of them, his Imperial Majesty hath brought himself and his House into great and heavy Expenses; and that he hath (as hath been formerly said) been constrained to leave in Arreare some part of his Hereditary Countries, of the profits whereof he remaineth yet frustrate, and unsatisfied; his Majesty hath reserved unto himself the seeking of restitution of the Charges expended by him, and the reparation of the Damages sustained by him, from them who have been the causers thereof, and from their assistants and promoters; and especially from as many of them as can be found, that have not yet by other Accords accommodated and reconciled themselves to his said Imperial Majesty.     

The Translation of the Author's Epistle Dedicatory to the French King. TO LOVYS XIII. THE MOST CHRISTIAN KING OF FRANCE AND NAVARRE, I. A. D. wisheth Victory, and eternal felicity.  
SIR,  
I Present unto your Majesty a defence of the common Quarrel and Liberty, which the whole World expecteth and waiteth for, from the happy success of your designs: Her Cause can more justly be consecrated to none, because it can more powerfully be defended by none. This Controversy, touching a matter of singular excellency, is public; and therefore ought not to be agitated, but before them, upon whom the public safety relieth. The security of the Christian World is invaded; and therefore assistance is to be craved from Him alone, who only can when he will, and will when he can, restore peace and tranquillity to the World. The ambition of the Enemies, is insatiable: whilst it is preparing a War for Europe, it published a counterfeit Peace to the Germans. To the end, that it may openly deceive, it doth secretly make an agreement; that it may more safely beguile men unarmed, it doth in name only banish War out of the Empire: This fraudulent agreement hath been rejected by the valour of the Swedes, repelled by the fortitude of the French, and despised by the constancy of the Protestants. For this cause, they are proscribed as Enemies of the common peace, and disturbers of the public quiet; and although they do with force of Arms endeavour the common Concord, yet being left desolate and innocent, they bear the blame of the continued War. By this Work, we answer that Calumny, and turning back the points of the Darts upon our Adversaries, we show, that they only are the Confederate Enemies of Peace, who carrying ordinarily in their mouths the name of Quiet, do meditate in their hearts perpetual Wars and Discords; and masking their Tyranny with the name of Liberty, their Invasion with Piety, and their Conspiracies with public Security, with a counterfeit show and specious colour, do attribute most honest names unto most dishonest actions, and most dishonest actions unto most honest names. As if your Majesty, and yours, did of your own accord take Arms against them, and not by compulsion repel Arms, voluntarily taken against you and your Confederates; or, as if they did ever offer any Peace unto you, but an unjust one, or you ever refused any just one; or, as if they can hope for any firm tranquillity, as long as they retain to themselves those estates of other men's, which they have, and lay claim to those they have not. But men, who have no colour of title to possess things belonging to strangers, have need to betake themselves to fallacies of words, thereby to deceive those that will believe them, as well by words as by deeds. You, SIR, who have justice for your Companion in all your doings, need no cases, or outsides of words; but you do express in words the sincerity which you practise in your life. For you keeping a Watch over the public tranquillity, and not over your own private benefit, do so defend that which is your own, that you covet not that which is another man's; you do so protect your friends, that you do not oppress them as your enemies; and though yourself do injury to none, yet you revenge the injury done to your Confederates; and do advance the bounds of your Empire rather by the glory of your brave actions, then by the extending of your Territories. Whereupon it falleth out, that as there can be no comparison of peoples, or parallel of strength betwixt your subjects and friends, and your enemies, so there is also a vast dissimilitude of causes. They professing a horrible ambition of ruling over all, out of the private and greedy desire of Sovereignty, do pick a quarrel against the Church, and do raise the Arms of the Empire unprovoked, in a most violent manner, against those that would oppose them; they do compel the people, by enticing and drawing them on with specious shows and names of things, to serve their ambition; and endeavour to bring all Germany under their yoke merely through necessity of despair; having been for many years passed pitifully oppressed with a most grievous War, and exhausted of all her strength and wealth. Your Majesty being content with the Territories of your forefathers, and your own triumphs, doth never take Arms, but against your will; never lay them down, but willingly; and having used them only for the defence of your subjects, your friends, and common right, doth maintain the liberty of all, the security of every one, and the safety of Europe, with no less clairitie than you go ●●●ne them with equity. Whereupon it cometh to pass, that whereas the captivity of the Empire seemeth to be greedily gaped after by them recovery of liberty is endeavoured and effected by you; the World is troubled by them, pacified by you, and Germany, oppressed by them, is relieved and restored by you. And let all things be so subject to the Laws of Heaven, that justice, Virtue, and Felicity fight on your side, and Treachery, Cowardice, and Calamity taking part with your Enemies, Providence may confess, that she oweth Victory to the one, and Vengeance to the other. Therefore, Most Christian King, be pleased to entertain this Opening and Pleading of the Public Cause, and to take knowledge of the Innocence of this continued War, presented to you in writing, as you do defend and countenance it in action. Let your Majesty's protection be open to the defence of Liberty, who even from your tender age have ever been a Sanctuary to the banished, a Refuge to your Confederates, a safeguard to the afflicted, and a most certain comfort to all people. Your friends relying upon this, will not fear any War from their Enemies, and will hope for a Peace from you, that shall uphold Law and justice: Which Peace, when you shall have redeemed the Right of common Liberty, you will resolve upon; having resolved, you will give it; and having given it, you will preserve it for ever.   

A Breviate or short View of the whole WORK.  
The Treaty of Prague, concluded by the Emperor and Duke of Saxony, against the Protestants, Swedes, and French, is proved to be of no validity, void, and unjust, by five several Chapters, or general Nullities.  

The first Nullity, on the Emperor's part. Pag. 1.  

1. BEcause a Treaty or determination concerning Church-Lands, exceedeth the power of the Emperor. p. 6  
2. Because it is founded upon the Transaction of Passaw, which is of no moment with the Austrians. p. 8  
3. The Emperors themselves do confess, that it belongeth not to their power, to determine any thing in matter of Religion. p. 15  
4. 〈…〉 by any 〈…〉 p. 17  
5. Because the Treaty of Prague itself is very ignominious to the Emperor and to the Catholics. p. 2●    

The second Nullity, on the part of the Duke of Saxony. Pag. 25.  

1. Because, though he account himself the chief of the Protestants, yet by this divorce and separation from them, he utterly ruineth both his own strength, and the strength of his Allies. p. 26  
2. Because the treating of a common Peace, exceedeth the power of the Duke of Saxony. p. 28  
3. Because this Transaction of the Duke of Saxony, is hurtful and deceitful to the Protestants. p. 31  
4. It springeth from a fountain of foul ingratitude, and horrible treachery. p. 35    

The third Nullity, on the part of the Protestants. Pag. 43.  

1. Because the Protestants being instigated by the Duke of Saxony, made War against the Emperor. p. 43  
2. Because they are enforced to consent, not to a Peace, but to a new War. p. 48  
3. The Kingdom of Bohemia is unjustly made Hereditary to the House of Austria. p. 55  
4. Silesia being innocent, is stripped of her rights. p. 64  
5. Lusatia is unjustly dismembered from the Kingdom of Bohemia. p. 66  
6. The Electoral dignity of the Palatine, is unjustly translated to the Bavarian. p. 73  
7. The Bavarians anciently had no right to the Electorate. p. 84    

The fourth Nullity, on the part of the Swedes. Pag. 95.  

1. Because the Swedes making War in their own name, ought also to make the accord in their own right. p. 98  
2. Because the Duke of Saxony in his own private name oweth revenging imprecations to the Swedes. p. 101  
3. Because the Swedes cannot basely abandon their Leagues, nor their Troops: Nor dare they make any agreement with the Austrians, under the faithless undertaking of the Saxon. p. 104    

The fifth Nullity, on the part of the French. Pag. 110.  

1. Because the most Christian King, by right of protection, preserved the Catholic Faith in the Empire. p. 111  
2. The protection of the Princes and States of the Empire, cannot be charged to be the French Kings fault. p. 116  
3. The most illustrious Elector of Trevers (or Trier) did justly and seasonably obtain the protection of the French. p. 120  
4. Because the Emperor endeavoureth to make the private quarrels of the Spaniards with the French, common to the whole Empire. p. 124  
5. Because the cause of Lorraine doth nothing at all belong to the Emperor. p. 127   
And therefore the conclusion is, that this Triumvirall conspiracy ought to be rejected, and a true, honest, and universal Peace to be fought for, and defended with the common Arms.    

Upon the birth or delivery of the Transaction of Prague.  

 Prague, which to the World  
a bloody War hath brought,  
From her false Womb, how ever could  
a faithful Peace be sought?   

Or,  
 Prague hath to the World  
a bloody War projected,  
From Prague a Plague, and no firm Peace  
could ever be expected.    

THE PREFACE.  
MOst venerable is the name of Peace; the plenty it brings, is comfortable; and the happiness of it, most desirable; the possession of it, is ever blessed; and the granting of it, at all times to be laboured for. Certainly, I cannot imagine any mortal man to be so void of humanity, that he would envy a Rest so necessary to the Empire, so beneficial to the Country; as being that, without which neither private families, nor public Laws, nor the right of common society can subsist. I cannot suppose any man to be so barbarous and savage, that, all other circumstances and conditions being alike, will prefer a Soldier's Coat before a Gown, War before Peace; when as in this change and vicissitude of affairs, by business and labour, is begotten ease; by troubles, rest; and by Arms, love and concord. But where liberty and the safety of the Commonwealth is pretended, and servitude and destruction intended; where a most unjust and treacherous Combination, is veiled with the glorious name of a Peace; where, under a pretext of Rest, the restless Soldier doth ransack and spoil men's habitations; and lastly, where a deceitful Condition of Mercy is a Bait to draw on insulting Power: every wise man will prefer even a doubtful War, before a 〈◊〉 Peace; uncertain safety, before a certain destruction; and an unsworne condition of slavery, before a 〈◊〉 usurped Sovereignty. I confess, that nothing can happen to miserable Germany, either more certain, for her safety, more noble, for her glory; or more to be wished, for the recovery of her former felicity; then, if by consent of the Princes, and Pierie of the Nobles, it may be restored to her ancient concord, and now almost quite forgotten tranquillity: And that no less Honour should be gained to that Emperor, who with the sweet Bond of Peace should reduce to unity his Country, exhausted with slaughters and butchery; his peoples, enraged and made furious with the injuries of former times, and like Savages exercising their Cruelties upon their own Bowels; then there was Divinity ascribed to him, who first joined together in one Body so many Nations, no less different in manners and disposition, then in situation of Climates; and by communion of Laws and Customs, made them the most flourishing Commonwealth of Europe. But lamentable experience proclaims, that by that agreement or transaction of Prague, hatreds were not mitigated, but inflamed; Arms not laid down, but doubled; proscription and confiscations not diminished, but extended beyond all Law and right. For after that, in the very frontispiece of the business, foreign Princes were at the first excluded; in the progress thereof, most of the Castles, Cities, and Countries of Germany, were divided amongst the great men; the rest, that were weaker in strength, not in cause, being proscribed, were stripped out of their Hereditary jurisdictions; the spoils of the Provinces, the booty and pillage of the banished, and the goods of the slaughtered, were distributed to such as did applaud the action. Next after that, for the confirming and maintaining of these Usurpations, and Army of do Regiments was imposed upon Germany; and, as if the Laws and Courts of justice did abhor this Pacification, the Businesses of the Imperial Chamber and holy Consistory were left altogether undecided. No comfort or ease at all appeared from this Peace, nor the last fruit of a public Tranquillity; but in stead thereof, an unappeasable War is denounced against all, that had or should dare to complain of the injuries offered, or so much as to whisper of the unjustness of this Conspiracy. Nothing was here done, that was fit to be done in a lawful Peace: the former Contributions of the States, the pilling and spoiling of the Countries, the burdens and oppressions of the subjects were not taken away, nor so much as mitigated, but excessively increased, established by public Edict; and of Soldiers pays, that were extraordinary, and without order, were made ordinary taxations. Barbarous Nations were not carried away, nor cast out of the Empire, but made to overflow it like a deluge, and let in by multitudes at the gates, set wide open. And I need not stick to say, that Cities were emptied of their Citizens, the very Deserts filled with fugitives, the goods of men and Cities, of a known and well-approved innocence, confiscated, their persons degraded, and their lives rated at high sums of money. So that it is more clear than the Noonday, that in this foresaid transaction, it was not so much laboured to relieve the sinking fortunes of the Country, as it was by all means endeavoured, that the remaining States of the Empire should be deluded with the name of a Peace; that the remaining strength of the Protestants should secure then afflicted condition of the Austrians; that the common Arms should with their whole power be turned against Rebels (as they call them) and Strangers: and so in stead of concord, to have discord; in stead of truth, treachery; and in stead of a just War, a most wicked and detestable one to be undertaken: and that so much of Germany as was alive, or had a being left, after eighteen year's troubles; should be quite brought to ruin, by a four months pacification indeed, the fates of the House of Austria growing now towards a declination, fortune could bring to pass no greater thing for them, than the discord of their enemies. Nothing could happen more acceptable to the Eagles, a good while since beginning to stoop, then to be enabled to break those in pieces, being separated, whom they stood in fear of, being united; and now to beguile, with the pretext of a deceitful peace, those whom hitherto they could not conquer with force● Arms. And it was an act of no small merit, with one dash of a Pen to disband such huge Armies; to dissolve so many Leagues made with Protestants, and so solemnly sworn; to turn the mightiest Enemy they had, into friends; in stead of adversaries, to get assistants; to cause the German Faith to be traduced amongst foreign Nations, and esteemed perfidiousness: and in a word, to bring matters to that pass, that whilst they should singly fight, they should be singly vanquished; and that those who were mightier than others, should enjoy no other privilege, but that of Ulysses, to be the first, to be saved for a time, and the last to be devoured in the end.  
The most illustrious Duke of Saxony was taken in, to have a part in this Treaty, as one though superior in strength, yet inferior in honourable achievements; who, whether through some kind of emulation, or rather envy of the Swedish Victories, I know not, when he saw he could not attain an equal share of honour with them, chose rather to be an Enemy, and an Undoer, than a fellow-sharer and a Debtor to those that were his defenders: And by this means, this League was tempered with so much the more disadvantage to him; in regard, that howsoever things fell out, he was sure, that by helping and assisting others, he should derive the whole weight of the German War upon himself and his subjects. Certainly, nothing could happen more satisfactory to the Emperor's desires, then to withdraw that massy burden of War, under which his Countries did long since even gasp and groan, and to lay the greatest part thereof upon the shoulders of the principal Elector; making this undoubted inference to himself, that whether he were conquered, or did conquer, he should both ways triumph over his Enemies. So the Pacification long laboured for, being at the last obtained, to the end, that he might oblige all the particular Princes by private benefits, and by participation of spoils turn Enemies into friends, he bestowed upon the Elector of Saxony (besides the Revenues of the Church, usurped by him for the space of above an hundred years) the Marquisat of Lusatia; and upon his son, the Archbishopric of Magdeburgh; upon the Duke of Bavaria, the Prince Palatines Electorship, and the City of Donawerth; upon the Prince of Brandeburgh, the reversion of the Inheritance of Pomeranie; and upon the Prince of Lunenburgh, that of the Duchy of Brunswick; and hath granted unto the Dukes of Mechelburgh, peaceable possession of their Country, which they had formerly obtained by the Swedish power. He hath taken unto himself the hereditary right to the Kingdom of Bohemia, and the Provinces united to it, Silesia, Moravia, etc. as also the Supreme Authority, in judging Controversies of matters Spiritual and Temporal, and the particular Dominion of Philipsbourgh. He hath retained in his hands for the King of Hungary, the absolute command over all the Armies of Germany; and for his younger son, the Bishopric of Halberstad: And for the other Princes, as they seemed inferior, though not in right, yet in power (as the Palatines, the Hassians, and those of Wirtemberg) he commanded, that some of them should prostrate themselves as humble suppliants, to obtain mercy; and others he put into the secret List of proscribed men, and excluded from all hope of pardon, or benefit of the Amnestia; induced thereunto by no stronger motive than this, that with the estates and spoils of the dispossessed, he might reward those who had either formerly done him, or lately promised him their faithful service. The forces of the Empire being by this means united, he denounced a most deadly War against the French, under pretence of recovering Lorraine; and against the Swedish, under colour of vindicating the German liberty: moved thereunto by no other consideration, but because those two Kingdoms had hitherto cast in the way fatal rubs, to hinder the Austrian Greatness and Spanish Monarchy.  
They say, that the Roman Triumvirs, 
Dion. Histor. lib. 46. p. 335.  to the end that they might purchase the favour of the people unto their proscription, (a thing before that time not heard of) did draw on the great men, partly by the Possessions of the slain, partly by the great Offices and Priesthoods of the dead; that they obliged the Soldiers with the Patrimonies of the conquered, and with provisions of Victuals to be supplied from the Cities, without Money: that they fined the Citizens at a Tenth of their Country Manors and Farms, and at a half part of their other Revenues; reckoning it as a special favour done to those, of whom a tenth part of their Revenue was so exacted, though they had not so much as a tenth part of their estate left.  
But this fury was confined within particular Walls; the bounds of one City, did prescribe limits to these slaughters; and the safety of all, was redeemed with the butchery of a few. Here, all the Citizens and Subjects, all the Provinces are in the same danger; no City, no Country, no Citizen is exempt from the misery of War; no corner of all Germany, where the Rapines of Soldiers have not access: The Confederates, as well as the Enemies, are oppressed with excessive Contributions; and as if in this eighteen years War, blood enough were not yet shed in Germany, the Arms that are still bloody with the slaughter of our friends and allies, are transported into France and Sweden. And yet notwithstanding, what labour soever had been used by man's industry, and whatsoever Envy can endeavour for the destruction of Innocents', the justice of the common Cause remains invincible; there hath hitherto neither wanted success to things ill designed, nor an expected event to things very ill undertaken; but the execution of this Peace remains as unhappy, as the Treaty thereof was unjust. So perpetually true is that Maxim of Providence, That fortune is answerable to the designs, the issue conformable to the inventions, and ill counsel the worst to the counsellor. Neither is it to be thought strange, that so unlucky and so unjust a Pacification hath rather kindled a War, then quenched it; when as the authors of it aimed only at this, to prefer their private ends before the public good, to purchase their own security with the ruin of others, and make havoc of the safety of all, for the quiet of a few. And so factious spirits being drawn into contrary ways, in stead of an universal Peace came forth a particular transaction, dishonourable to the Emperor, disgraceful to the Saxon, treacherous to the Protestants; to them that were excluded, void; and in the censure of Strangers, most shameful; and as well in regard of them that contracted it, as on their behalf against whom it was contracted, of no force or validity at all.   

CHAP. I. The first Nullity of the Treaty on the Emperor's part: first, because treating concerning Church-Lands exceedeth the power of the Emperor.  
FOr first, to let that pass, that a few Princes of Germany, who in the common Cause are not judges, but parties, cannot at any private Meeting determine of the affairs of the Empire, nor debate at their pleasure, in a Conventicle at Prague, Controversies which are only to be decided in the general Assemblies of the Empire, nor to conclude upon a Peace concerning the tranquillity of the Christian World, within the secret Chambers of one City: and in a word, out of a corner of one Kingdom, to denounce a deadly War against so many Princes, Dominions, and Kingdoms. Certain it is, by the opinion of the Doctors of the Austrian side, That the Emperor cannot establish a lawful and firm League with Heretics upon such a condition, as to grant unto them the Lands and Rights belonging to the Church, lately usurped by them, and free exercise of their Heresy in the Empire: So, amongst others, did jacobus Simandra, 
Tractat. tom. 11. p. 11. p. 181.  Bishop of Pace, teach a good while since, in his Book of Catholic Instruction, cap. 46. n. 52. where he saith, That this doth also appertain to the punishment and hatred of these Heretics (meaning the Lutherans) That faith or promise made unto them is not to be kept, notwithstanding it be confirmed by oath: And a little after: There can be no commerce nor peace with heretics, and that therefore faith given unto them, though confirmed by oath, aught by no means to be kept: And he adds further, This is often said by us, and yet it is necessary to be uncessantly itterated, and not to be silenced as long as that name of peace is pretended. So Conradus Brunius professor of the law, and Chancellor of Otho Truchsesius Bishop of Auspurg at the same time, when the transaction of Passaw was established in the Empire, in his third Book de Hereticis c. 15. puts this question. 
Tractat tom. 11. p. 305.   
Whether contracts, agreements, laws and rescripts, whereby heretic, do obtain peace and security, be of any force or validity, so as if any man shall offend them, be be guilty of the breach of such a peace? Also who they be, that are permitted to reform Churches, administer and dispense, to possess lands and estates belonging to Churches, and Ecclesiastical jurisdiction to be suspended against them? And he answereth expressly, that such contracts, agreements, etc. are of no validity: And that it is an unjust and blasphemous condition, whereby permission is given to Heretics to teach their doctrines: And in the end of the same Chapter he addeth, At this day no peace can be of force which is made with Heretics, upon this condition they are not to be offended. That, that peace is abominable and to be abhorred, which is is made upon this condition that those which offend them should be condemned to have broken the peace: That on the contrary, all Divine and Humane laws would have them utterly distinguished. And so lately Martinus Becanus Doctor of Divinity and Professor at Mentz, in a disputation concerning faith to be held with Heretics, c. 10. p. 88 and so forward teacheth, That, 
Set forth at Mentz. 1607. and reprinted, 1619.  that Liberty granted, or Accord made touching Religion, whereby it is freely permitted to a man to be a Catholic, or a Lutheran, or a Calvinist is altogether unlawful, and repugnant to God's Commandment; And is not to be tolerated otherwise then for some time, and for the avoiding of some greater mischief: And p. 94. Let all men know, that although such kind of men may have obtained some such thing by some special Rescript or Contract, yet it is of no force.  
And so a Book very lately set forth touching the conclusion of a peace made betwixt the Catholics and the Adherents, to the confession of Auspurg, published by the Commandment and Authority of the Superiors at Dilling, 1629. and approved by the Doctors professing the Law in the Archdukes University of Freiburgh, and added by way of Commentary to that Edict of Restitution of the sixth of March 1629. doth in many places professedly teach, That such transactions or agreements of Catholics with Heretics and Lutherans, are by the Law itself void, unlawful, and unlucky:  
And he allegeth diverse reasons of this assertion, whereof for brevity's sake I will only point at the chief.  
His first is, That such a Treaty exceeds the limits of secular, yea, even of Imperial jurisdiction: So he teacheth, c. 5. q. 25. n. 20. p. 114. in these words: The Emperors neither would nor could decree by their authority, that certain Ecclesiastical Benefices possessed by the Confessionist, aught to be left unto them: And p. 122. It exceeds all secular, yea, and the supreme Caesarean power, to determine that Church lands and benefices being translated from lawful Ecclesiastical Prelates and beneficed men to Lay persons uncapable thereof, and averse from the Catholic religion, aught to remain in their possession: the jurisdiction over their estates and persons, being taken away from the rest of the Bishops and Prelates, as to the use and exercise thereof.  
His second reason which is, because a Catholic Prince cannot by any promises bind himself to tolerate Heresy, is declared in the same Chapter, q. 26. n. 27. p. 133. in these words: To speak absolutely (case of necessity excepted) it is unlawful for a Magistrate, and injurious against God to tolerate Heresy: And a little after n. 30. If in some case and some time it may be lawful to tolerate Heresy; yet it is not lawful for any man to bind himself by promises or oaths to tolerate it; because by the law l. 5. ff. de pactis, That contract and agreement is void whereby any man is invited or drawn on to offend: And n. 31. Though at some time a Catholic Magistrate in a case of extreme necessity may prudently bind himself to tolerate his Heretic subjects for a certain time; yet that such a promise should be made perpetual, it can scarce at any time be lawful: An express reason immediately followeth; Because a Magistrate cannot permit or promise a toleration of Heresy in his Country, unless it be to avoid a greater mischief from the Common Wealth: But there can no mischief happen more grievous and pernicious to a Common Wealth, then if Heresy be so brought in, that it may at no time be lawful to prohibit, or remove it.  
A third reason is there alleged, q. 28. n. 47. Because the authority and approbation of the Pope ought to interpose before a league can be lawfully made with Heretics for the tolerating of their Religion. For whereas such a league doth tend to the detriment of the Church, and doth indirectly concern spiritual matter, that is to say, permitting of a false religion, therefore nothing ought herein to be determined the Pope not being first consulted with: Now the Treaty of Passaw, and the Pacification of Prague were never approved by the Pope, and therefore by the judgement of the Austrian Doctors are of no moment and validity: 
2. Because this trans-action is founded upon the Treaty of Passaw.  Which ought so much the more to be considered, because the Pacification of Prague in the principal parts thereof is founded upon the Trans-action of Passaw: for so saith the first Article in the frontispiece expressly: As for the possessions of the Church mediately depending of the holy Empire, let the constitution of the Treaty of Passaw remain unviolated. But by the doctrine of the same Doctors, in the Preface of the book formerly cited, etc. v. q. 25. p. 115.  
The peace of Religion concluded with the Lutherans at Nurenbergh, 1552. and confirmed at Auspurg, 1555. is no final accord, no general or pragmatical, nor perpetual sanction or trans-action, but only a temporary contract, agreement, and constitution; which as it was introduced and established by the Emperor's authority, with the consent of diverse States of the Empire, so by the like power of a succeeding Emperor the greater part of the Princes of the Empire giving their votes thereunto, it may be repealed. Yea, and even in itself it is of no great validity, being by force of arms extracted from Charles V and upon urgent necessity granted to the Lutherans by Ferdinand I.  
For so the agreement of peace often cited c. 5. q. 24. p. 109. Anno 1554. saith: When Charles V did make a pacificatory transaction with the Confessionists, the State of the affairs in the Empire was so troubled, that the Emperor knew not what counsel to follow; and therefore confessed, that he being pressed with adversities and hard conditions, did grant peace to the Heretics, and did commend the desperate state of the Catholics in Germany to God's good pleasure, until a a more fortunate time and occasion did offer itself. johannes Paulus Windeck taught the same doctrine a good while since, in his deliberation touching the rooting out of Heretics, printed at Colen with the leave and privilege of the Caesarean Majesty, art. 3. in the answer to the 4. Objection p. 324. That which the Emperor did by this agreement of peace grant to the Protestants, he was compelled to do it by extreme necessity: For the Turk at that time hover over Austria, it was necessary for him to gather together all his strength from all parts round about him. Besides, although the Ttrans-action of this peace had been most free, yet according to the opinion of the foresaid Doctors, there was no interest in the possessions of the Church granted by it to the Lutherans, but only a suspension of the Bishop's interest in them. And so doth the Book of the conclusion of the peace expressly teach, c. 6. q. 30. n. 4. 5. 6. 7. When it saith: That by the transaction of Passaw no right or authority was granted to the Heretics of detaining or usurping the possessions of the Church, or teaching the confession of Auspurg in the Empire against the Catholic truth; but they only obtained a suspension of Episcopal jurisdiction and of actions belonging to Catholics.  
And yet more expressly n. 5.  
The Catholics do possess the Church-lands, and the exercise of their Religi- by their proper and ancient right; but Confessionists who have no just title to them, have interest in them only by detaining them; and beside, and contrary to all right and justice do enjoy that permission and indulgence granted unto them, not without the prejudice and damage of the Catholics: Yea, and they hold the exercise of their Heresy only by privilege, and a special or extraordinary kind of right: for it is manifest that the confession of Auspurg was received in the Empire by such a special and extraordinary right, 
L. Quod verò C. de legibus. Ius speciale in consequentiam non trahendum.  and by favour and indulgence, whereas it is rejected every where else. Whereupon he instantly inferreth by way of Corollary, That the Lutherans do without cause complain, that the Catholics do call the Confession of Auspurg a mere toleration; when as it is certain, that it hath been diverse times condemned in the Empire, never approved, but only tolerated; and that no injury is herein done to the Lutherans, who can show no title or evidence for their possession or detention, but only force and intrusion: When as on the contrary side the Catholics, though they be safe enough by the Prescription of a most ancient possession, yet for the more abundant justification of their right, they can make their titles and evidences appear to all.  
Moreover, although the Treaty of Passaw were of undoubted authority, yet by the opinion of the Catholics, the Protestants have very many ways violated that sanction, and as much as in them lay, have utterly abrogated it: In regard that not only after the publishing of it Anno 1552. and 1555. they did by force and intrusion, throwing out the Catholics, take possession of three Archbishoprics, fourteen Bishoprics, and above three hundred Church-livings and Monasteries (amongst which the Dominicans alone are said to have lost above seventy) as that Declaration of the Peace of Religion concluded betwixt the Catholics and Protestant Princes, and Nobles of the Empire, printed as it seemeth at Munchin 1629. in Quarto. particularly showeth; but also by very many new Doctrines brought in touching the Ubiquity of Christ's Body, , the Mass or Eucharist, they have so altered the Confession of Auspurg set forth in the Book of Concord 1580. That at this day there are no Protestants found in the world, who do still Adhere to the true Confession of Auspurg, as it was presented by their Ancestors to Charles V Anno 1530. Besides that, many Protestants leaving the Doctrine of the Confession of Auspurgh, have in very many Articles embraced the opinions of Calvin, and Zvinglius: From whence it appears as clear as the Noon day, that since the Peace of Religion 1552. was only granted to those that profess the true Confession of Auspurgh, and that all the Protestants are in many points departed from it; and many of them have declined to the Heresy of Calvin: They have by the judgement of the Catholics, long since deprived themselves of all grace and privileges granted unto them by the Peace of Religion; and have made themselves unworthy of any further toleration: as the Book of the Conclusion of Peace prooveth every point at large c. 10. and 11. q. 81. and 82. p. 574. 581. etc.  
Neither indeed did the Austrian Emperors ever deny, 
3. By the confession of the Emperors themselves.  that it was out of their power and jurisdiction to determine any thing in matter of Religion, against the Decrees of the holy Canons, or Counsels. So without doubt did the Emperor Ferdinand. I. confess expressly at the breaking up of the Assembly of Auspurgh, Anno 1559. the 13. year 1559 day of june, in these words: It is beyond the compass of all Secular power, yea, even the Supreme Imperial Majesty itself, that the possessions of the Church should be translated from lawful Prelates and devolved unto Lay and Heretical persons, and remain in their possession. So also Rodulph. II. When he granted liberty of Religion to the Protestant States of Hungary and Austria, in his declaratory Letter of the sixth of August 1606. year 1606 saith, That as well those Articles which belong to Religion and the Ecclesiastical Order, as the rest, are thus to be understood, so fare forth as they be not contrary to his Oath given to the States at his Coronation, for the defence of the Catholic Religion, and extirpation of Heresy. And for this cause the Emperor Charles V published a general revocation of all those things which he confessed, he sometimes granted to Heretics against his conscience, dated at Brussels 19 September, year 1555 1555. which was a little after the Peace of Religion granted by Ferdinand I. at Nurenberg and Auspurgh; with no other intention but this, that at one and the same time, he might willingly by himself disannul that liberty, which being compelled by his brother, he had formerly published. Which they do at this day suppose to be made the more sacred and solemn, because after the publication of the Council of Trent 1564. year 1564 by the Bull of Pope Pius the fourth, which revoked all things that were granted in prejudice of the said Council: All Contracts, Agreements, and Ordinances, in those points wherein they are contrary to the Decrees of the Council, are by Law revoked, made void, and disannulled; and reduced to the rules and limits of that Council, and so are judged to be. 
4. Experience of things past.  And this is the reason why notwithstanding all cautions, assurances, and Capitulations whatsoever made to the contrary, the Austrians ever have proceeded, and still do in the reformation of Religion, and extirpation of Heresy with open force, in the Palatinate, Bohemia, Hungary, Austria, etc. because they believe all such Agreements and Capitulations to be frustrate, and void in Law; and that they can be confirmed by no Oath or Contract whatsoever. And that we may not departed any further from our intended discourse. Ferdinand II. then Archduke of Gratz, now Emperor, although at his Coronation Anno 1599 year 1599 he had fully promised to the Nobles of the Confession of Auspurgh, and the Subjects of the three Hereditary Provinces of Styria, Carinthia, and Carniola, liberty of conscience. Yet presently upon it, in the very beginning of his Government by a public Edict, he drove all the Heretics out of his Dominions, and in a solemn resolution given unto the States of those three Provinces at Gratz, the last of April 1599 he openly professed, That those Heretics could allege no privilege either in holy Scriptures, or in any Law of God or man, for the Exercise of their Religion. And the same Emperor although by the sacred Charter of Rodulph II. year 1609 Anno 1609. sufficient provision was made for the States of the Kingdom of Bohemia, to have free Exercise of their Religion of both kinds; yet as soon as he took upon him the Government of that Kingdom, he demolished diverse of the Protestants Churches to the ground, and shut up the Inhabitants in prison: Whereupon soon after arose those woeful troubles in Bohemia. And not long after that, Anno 1621. though, year 1621. when he was advanced to the Empire, he had promised the States of Silesia, by a solemn agreement made betwixt them, that if they would leave the Party of the Prince Palatine Frederick, he would religiously preserve all their Rights and Privileges, both Ecclesiastical and Temporal: Yet for all this, when the Prince Palatine was dispossessed, he did presently after with all the strength he could, contrary to his covenants and promises, every where abrogate the Profession of Auspurgh. And although in the year 1619. year 1619 at his Election at Frankford by a new agreement, amongst other Articles of the Emperor's Capitulation, he had bound himself to the Electors and Protestant Princes of the Empire, by a particular Oath for the defence of the Peace of Religion in Germany: yet notwithstanding, when he had gotten the upper hand in the Empire, year 1629 he did by the Edict of restitution proscribe all the possessions of the Church, that were in the Lutherans jurisdiction, and prohibited the Exercise of the Religion of Auspurgh in them; which gave the occasion of this most bloody War in Germany. And though now, year 1635 the necessity of his affairs urging him to it, and being spent with War; he hath made a Peace for forty years with the most powerful of the Protestants.  
Yet hath he not laid aside his former purpose of casting out all his adversaries under the name of Heretics, and of stripping them of all their strength, under the colour of restoring the possessions of the Church, and of preserving no other Peace in Germany, but amongst Catholics; holding himself to this resolution, That Catholics can hold no firm Peace with Heretics. That this was the intention of the Sacred Imperial Majesty, it was in public show declared by a Book made by his commandment at the Diet of Ratisbone, and published a little after at Auspurgh, in the year 1630. year 1630 under this Title The foundations of the Peace happily laid in the sacred Roman Empire, by the approbation of Pope Vrban 8. and by the assent of Ferdinand 2. Caesar Augustus.  
That is to say, That no firm Peace can be hoped for in Germany, but by the restitution of Religion, and the possessions of the Catholics into their former state and condition: But if at any time for the avoiding of a greater mischief, Peace had been granted unto Heretics by the Austrians, it was done but for a time, to the end, that some better occasion being shortly after offered, the whole burden and weight of a War might be turned upon them. So did johanne, Paulus Windeck clearly confess not long since in the Consultation above cited, p. 414. in these words, year 1619 The Trans-action which Catholics have sometimes made with Sectaries, they have made them aiming at this end, that other businesses, being dispatched in the mean time, afterwards they might make and manage this War wholly against Sectaries, and turn the whole Weight thereof upon their backs.  
year 1629 For so doth Peter Ribadeneira teach, that Christian dissimulation is to be used, in his Book de Principe, lib. 1. cap. 26. p. 178. If great dangers be feared; and Becanus in his disputation of keeping faith with Heretics, c. 10. p. 89. saith, If the Lutheran Religion cannot be conveniently hindered, or driven out of a State, but with a greater damage to the Commonwealth, than it may be tolerated for some time, until a more fortunate season, or occasion do offer itself, as that Composition of Peace teacheth, n. 1609. And that this consideration of concluding a Peace for a time was observed in that Transaction of Prague, the business itself declares: 
5. Out of the Treaty of Prague itself.  For that Trans-action though at the first appearance it do seem somewhat the more ignominious, and disadvantageous to the Austrians, as being that, whereby not only that Sacred Edict of the Emperor, touching the restitution of the possessions of the Church of the sixth of March 1629. being published against the Lutherans, is wholly abrogated, but also very many grievances of the Protestants exhibited at the Diet of Ratisbone 1630. year 1630 and in the Convention of Lipsich are reform, according to their own desire, year 1631 yet it doth secretly make the Emperor Master over all his enemies; yea, and sole Lord and Master in the Empire. Whilst amongst other things it giveth him Hereditary right over the Kingdoms of Bohemia and Hungary, the free disposition of the College of Electors, and Imperial Chamber; absolute command over all the Armies of Germany; and in conclusion, a plenary cognizance of all suits and controversies, which should hereafter arise touching matter of Religion, and this pacification. So that what he seemed to grant with his left hand, he presently takes away with his right, and whilst he promiseth a Peace of a few years to the Lutherans, he grasps into his hand all the Forces of the whole Empire, being ready to employ them against the Lutherans at his pleasure, upon the first occasion, as hath been done heretofore.   

CHAP. II. The second Nullity of the Treaty on the part of the Duke of Saxony: First, because that by this means the strength of the Protestants is utterly ruined.  
THerefore the Princes of the smalller States being excluded from the Amnestia, he concluded a League with the most powerful head of the Protestants, by which he did not only join the greatest part of the great men to his Party, but also (which was the Principal thing of all) he disjoined and separated the most powerful of his enemies; using this as a most certain subtlety to elude the strength of his adversaries, if he might be able to destroy those being drawn asunder, for whom he was too weak being gathered together. That forces united are stronger than divided, and that a common danger is to be kept off by concord, reason hath dictated to all men, and experience hath confirmed to the Protestants.  
The Emperor who hath hitherto been too weak, when their Armies were joined together, could find no surer remedy than the separation of them; and whilst he doth with mutual slaughters destroy his adversaries, he being now grown mightier by the divisions and discords of the Lutherans, turns the faults of his enemies into the hope of a Victory. This is the ancient cunning of the House of Austria, having been with happy success practised a good while since by Charles V and Ferdinand I. johannes Paulus Windeck, is a domestical witness hereof in his deliberation touching the rooting out of Heretics, p. 412. and so forward: whose words ought to be to the Princes of Germany decretory, when he saith: For the driving out of Sectaries is required. First, a league and association of Catholic Princes. Secondly, the occasion is not to be neglected, and that is, when the Protestants money is exhausted. Thirdly, that the Catholics may the more easily suppress the Sectaries, let them by the invention of diverse causes and pretences, pull them asunder one from another, and that was practised by Charles V very much to his benefit. Fourthly, let Catholics get in foreign aids to their assistance, for the vanquishing of Sectaries: and on the other side, let them use all the caution that may be, that the Sectaries get no assistance from foreigners. All these things were most exactly observed, in the Pacification of Prague; When as the League of Catholics being in name taken away by it, under the Title of Empire was framed an association of most of the Princes with the Austrians; and presently after, the strongest of the Protestants, the Palatines, the Hessians, and they of Wirtemberg, etc. were drawn away from the rest. And lest hereafter they should call in aid from Foreigners for the defence of their cause; under pretext of Peace, War was denounced against the French, and the Swedes, with a most calamitous delusion of the Saxon: Who, whilst he seeks a private Peace rather than a public; whilst he laboured for the friendship of one man, neglecting the friendship of all; whilst flying from a War, hitherto unhappy unto him, he laboureth to transfer it to Foreigners and his friends; he not being wary of it, did (as the Historian long since reported of Marseilles) for fear of a War, 
Florus Hist. lib. 4. cap. 3.  fall into a War: A War so much the more unjust, because undertaken against Brethren, against Allies, against Fellow-professors of the same faith and belief; by him who had no rightful power or command over them. 
2. Because the Treating of a common Peace exceeds the power of the Duke of Saxony.   
For I pray you, By what authority doth the most illustrious Duke of Saxony, who in this business is neither Vicar of the Empire nor Procurator for the Protestants, nor Umpire for Foreigners, alone by himself take upon him to determine the controversies of the whole Empire? By what power doth he endeavour to alter, or abrogate in a private corner, things long since determined in the public Assemblies, touching both the Religious, and Temporal Peace? By what right can he limit to the space of forty years, the liberty of Religion granted to all the Protestants for ever? Why doth he alone make an accord touching the disposition of the College of Electors, touching the reformation of the Imperial Chamber, touching military affairs, and the contribution of all the States of the Empire, to the prejudice of most men, and against the Will of all? By what licence or power doth he presume to transfer Cities, Provinces, Principalities; Subjects neither to himself, nor any body else, and to bring them under the private command of the Emperor? Doth it belong to his charge to make Bohemia, Silesia, Moravia Hereditary to the Austrians? And Lusatia to himself? To take away the Palatinate and Duchy of Wirtembergh, from their proper Lords, and Philipsbourgh, which was in all sacred right belonging to her own Bishop? And in a word, to arm all the forces of Germany against the French, for the recovery of Lorraine? As if he had any authority over foreign States, or as if he being circumscribed and limited himself, could prescribe laws to them, over whom as being his equals, and his betters, he hath no command: Let him rather blame himself for being so ill advised, as under a pretext of Peace, to approve all the former Injuries, and usurpations of the Austrians: And for that he alone hath by the connivance of a four months Treaty established those things which they were not able to persuade the world unto by almost twenty years War. The truth is, to the end that the forepast actions of the Emperor might have some title of right, they must be confirmed by a Triumvirall pacification; and that things done contrary to law and right, 
L. 54. D. de regulis juris. Nemo plus juris ad alium transfere potest, quam ipse haberet.  might carry some show of justice, they were to be established by a public conspiracy: Wherein nevertheless the Emperor had no addition at all of authority, nor the Duke of Saxony the least increase of profit.  
For by this Trans-action of Prague, 
3. Because this Treaty of the Duke of Saxony is unprofitable and hurtful to the Protestants.  neither was his Dignity increased, nor his jurisdiction honourably enlarged; nor the Religion whereof he taketh upon him to be a Prince, and a Defender, any where propagated, much less firmly established: But on the contrary, of a free Prince, and one that hath so often triumphed over his enemies, he is made a Commissary of the House of Austria. His Territories are become as a bulwark to the Bavarians, and Hungarians; the profession of the Confession of Auspurgh under so noble a Protector, was thrust out of doors in the most and best Provinces of the Empire, and was sent away and confined within the bounds of Saxony and the Ocean. Himself, the most miserable of all, who did formerly draw from the Victories and toils of the Swedes, his life, and safety of his Dignity and Country being afterwards brought so low, that not being able to pay, he had rather turn bankrupt, then be indebted, doth at this day alone bear the whole burden of a most calamitous War, as being not only shut out of the principal part of his Territories; but even doubtful and uncertain of his life and safety. Surely by the most just law of requiting like for like, he ought to impute unto himself, the prejudice, he feeleth through his own fault; and he that had provoked the Swedish Arms to be enemies unto him, being almost quite spent and tired with them, doth faint and sink under them.  
But is that so? Are the liberty of Germany, and those glorious Titles of Peace made a colour for a wicked conspiracy? Surely amongst perfidious and perjured persons, it is an ordinary thing under the pretext of confidency to foment a War: Neither did any man ever covet another's servitude, or his own dominion, but he would use those fair and specious names. For if the Duke of Saxony did intent to establish a true Peace in the Empire, or a peaceable tranquillity in his Country; Why did he unworthily suffer so many Princes, so many States of his own party, partners in one and the same cause, and rebellion, to be excluded out of the Amnestia? If he had a purpose to restore the Majesty, and Dignity of the sacred Empire, together with the Liberty of it to the ancient splendour and glory: Why did he so shamefully reject so many Kingdoms and Kings so valiantly defending the Germane Liberty, as well within the Empire as without, from having their part in the common pacification, and send them away out of the bounds of Germany like slaves or drudges, without any manner of mention of the least honour at all? If by this sacred Transaction he endeavoured to bring this to pass, that justice being restored to her integrity, and made to flourish again throughout the Empire, all the States and Citizens thereof might enjoy their equal right and common quiet. Why did he leave the affairs of the Imperial Chamber and holy Consistory, from whence all the troubles and dissensions have hitherto sprung, undecided, and to be decided merely at the Emperor's pleasure and determination? If he intended by this Trans-action to redeem the Peace of Religion, the Liberty of teaching the Confession of Auspurgh, throughout the Empire, and the salvation of so many souls (as he pretendeth.) Why did he permit the free exexcise of their Religion to be prohibited to so many thousands of men in Bohemia, Sylesia, Austria, the Palatinate, and the Bishoprickes of Halberstad and Auspurgh, so many Ministers and Citizens being banished for their beliefs sake, to endure a perpetual exile out of their native country? If his purpose were to establish an honest, solemn, and public peace, and such a one as should be profitable and honourable to himself, and all his confederates: Why did he begin with ingratitude the worst of all vices, in turning his perjured Arms against his allies, by whom he had been once and again delivered from certain destruction and ruin long since sworn against him by the Austrians? 
The monstrous ingratitude of the Saxon.  For with what title of right can so detestable a treachery, so horrible a treason be excused? with what show of justice can it be cloaked, in which those same men, whom you called to your party for their safety, are delivered over by you to them that are saved to be totally destroy: And those men of whom you (though unworthy) obtained life and preservation, the same being most unworthily proscribed, are by you rob of their life and honour: and so you make your friends most angry with you not only after, but even because of the benefits received of them by you. 
Seneca de beneficiis. lib. 3. cap. 1.  He is commonly judged to be an unthankful man, who either denies himself to have received a benefit, or having received one, concealeth it; he is more unthankful, that requites it not; but he is most unthankful of all, that hath forgotten it: For the former although they repay not, yet they remain debtors, and are often brought in time to requite a favour received: This latter can never be made thankful, who refuseth to be a debtor for, much more to requite that he hath received: But these things, as they are effects of an ancienter crime, so are they of less note and infamy: A new kind of ingratitude here discovers itself, an abomination to God, an amazement to posterity, and a thing to be owned by Adrastia herself, which doth not only not acknowledge, not requite, not thankfully esteem a benefit received, but for good deeds return mischiefs, for good deserts Injuries, and for favour destruction. The most renowned King of the Swedes, year 1630 Goths and Vandals, ever of a most venerable and triumphant memory, did revenge private Injuries by a peculiar War against the Austrians: The Elector of Saxony, than the encourager and leader of the Protestants, now the forsaker and betrayer of them, though he feared the common Enemy, yet he refused a mutual joining in arms, and by his unhappy delaying of time suffered Magdeburgh to be destroyed.  
Soon after that, year 1631 being vanquished by the whole power of the Austrians, when as being in a manner shut up in Dresden he saw himself fare too weak for his Enemies, being then made more wary by his own danger, then by another man's; Upon a public Trans-action made at Torgaw the first of September 1631. 
The Transaction of Torgaw. 1. September. 1631.  he called for aid from the most renowned King of Sweden, he entered with him into a society of arms & Counsels, he delivered up to the Swedes the passages and forts which were upon the river of Elbe, he offered pay, ammunition, and provision of corn necessary for his Soldiers, making an Inviolable promise and oath, that he never would accept any peace without their consent. And so by this Conjunction of arms being delivered from the present danger of death, by the Valour of the Swedes (for his own forces did now begin to gasp) he obtained that most famous Victory of Lipsich and the preservation of his rights and territories, 
The battle of Lipsich. 7. September. 1635.  and forthwith to show his due thankfulness, he appointed public supplications to be made for the preservation of the King, who was now become a triumpher over his Enemies, a defender of his own and a recoverer of the German liberty; he ordained the seventh day of September, being as it were, consecrated to the memory of that Victory, to be solemnly observed in all Churches of the professors of the Gospel; and he did celebrate the Protestants day of deliverance, gotten by the Swedes in Books published through the whole Empire. Shortly after, as the spirits of those that are most fierce in slaughters are many times tender; 
Mercur. Gallobelg. tom. 18. lib. 4. p. 32.  when the marquis of Caderet the King of Spain's Ambassador under a pretence of an ancient amity between the Houses of Austria and Saxony, endeavoured to draw away the Saxons from the Swedes, he answered his Agents nobly and courageously, That he could not recover the desperate condition of Germany, nor save his Country being now in a languishing distraction by any particular accords; that diverse examples have heretofore shown, that such accords would not effect an universal Peace in Germany but rather work greater mischiefs; Neither if he should make any such, that any colour of excuse could be left him before the King of Sweden and the Protestant States: But after that glorious King did at the battle of Lutzen even by his very death triumph over his Enemies, 
The battle of Lutzen. 11. November. 1632. The skirmish at Nordlingen. 27. August. 1634.  and that at the skirmish of Nordlingen the affairs of the Swedes did seem by little and little to decline. The Duke of Saxony, who before had stirred them all up to arms and rebellion (as he now called it) began to revolt from his Confederates; and shortly after by secret messages, and after that by public transactions to make an accord with the Common Enemy; and to purchase his own establishment with the ruin of his allies, and his domestical peace with making War upon strangers. So being circumscribed within the transaction of Prague, 
The Transaction of Prague published the 30. of May. 1635.  he denounced hostile arms against them by whom he had twice or thrice been delivered from present destruction, and who by the death of their own King had preserved his life, and by the effusion of their own, saved the shedding of the Saxons blood. This great office of exceeding favour was utterly lost upon them, being bestowed upon the most unthankful of mortal men, who esteemed it as the highest merit to deserve worst of those that had deserved best of them. All good offices came to be interpreted as so many wicked acts, all loving and friendly deeds as so many crimes, and the blood of them was not spared for whom blood was to be shed. Good turns are requited with sword and halter's; it is the honour and Dignity of the Austrian Commissaries to fly at the throat of their defendors, and to set their feet upon the necks of those they have conquered. The armies sent from the Protestants are turned against them, and the Saxon General's Exhortation is this: 
* The very words (within a very little) of that sanguinary proscription, published by the Duke of of Saxony against the Swedes, in the Camp of Schuskenburgh. 19 October. 1635.  Fight against your brethren, against your Allies, against the Lutherans, against those that are governed by the same law, and Professors of the same Religion with you. Set upon the Churches, the Altars, and the dwelling houses of your friends with force of arms: Imbrue yourselves in the blood of your Kinsfolks and take away by violence the benefit of their native Country from those that be but half right, suck and spoil them with your troops. Let them, who brought life and safety to us, be like banished men excluded from the use of fire and water: Let them, who purchased our Liberty with their blood, be banished and scattered fare and wide out of the Empire, as sworn Enemies to peace, and disturbers of the public tranquillity.  
Whosoever shall relieve his friend, his patron, his defender with bread or water, let him be proceeded against as guilty of treason. Whosoever shall kill, betray, or corrupt his protector or preserver, let him receive impunity, money and a garland: (only not such a one as was give to him that saved a Citizen:) Let Liberty be no more mentioned amongst military banners, and let that people the conqueror and preserver of nations, confine itself within the snow and ye of their own Ocean: and there their Wars being laid aside and put fare enough from them, and all fear and terror of them being repressed; let them live in awe and horror of our Eagles. These are the requitals of those saviours and preservers; this is the reward of those defenders: these are the thankes and the bounties, whereby a vast benefit is recompensed with more vast Injuries.   

CHAP. III. The third Nullity of the part of the Protestants. First, because they made their War against the Emperor being stirred up to it by the Saxon.  
NOw if these Treaties of the Saxon against the Swedes can by no title or colour of right be defended, as himself lately confessed: much less can his negotiations entered into with the Austrians against the Protestants, carry any show of excuse at all. For what did he? When as the Emperor Ferdinand II. had published that fatal Edict of the 16. of March 1629. touching the restitution of the possessions belonging to the Church, and bitterly execute it against so many supplications, appeals and protestations of the States: The Duke of Saxony (as chief of the Protestants) summoned all the States, 
The Diet of Lipsich ended in March. 1623.  addicted to the Lutheran faith, to the Diet of Lipsich: and declared unto them how the liberty of Germany was oppressed, and the Princes of the Empire rob of their rights and dignities, and incited them to the gathering up of Soldiers through all precincts, and to the arming of the Country people. Shortly after, as one that would by his own Example lead the way to the rest; he levied an army of 20000. men: and did in the name of himself and of the Protestants make known to the Emperor, that unless the grievances, exactions and oppressions laid upon the people by his Commissaries and the Soldiers, were forthwith taken away, he and his Allies would with armed power resist and repel such heinous and continual injuries. So the Protestants being compelled to rebellion, when Tilly did invade his territories with hostile cruelties, he took up arms against the Emperor and his Leaguers: and by the valour of the Swedes he overthrew the army of them both, with a glorious Victory at Lipsich. And presently upon, year 1631 year 1633 year 1634 it drawing after him a Common War through the whole Empire; he made himself Master of the Kingdom of Bohemia, the greater part of Silesia, and all Lusatia.  
But he did also with persuasions and threatenings, 
5. April. 1634.  involve in the public trouble the States of Silesia, who had hitherto been of neither side. 
In the months of February and july. 1633.  And in the Convention of Hailbrun & Frankford, exhorted all the Protestants to a firm concord and continuance of a War of Allies and Confederates. Yet nevertheless after that by the overthrow at Nordlingen, the forces of the Protestants being by little and little enfeebled, and those of the Austrians by degrees increased, year 1634 made the fortune of the War somewhat doubtful; he putting off as it were, all faith together with the fortune of his Confederates: particular Conditions (which he had so often refused) being offered unto him, made his peace with the Emperor, clapped up a short composition for his own safety to the great prejudice of his Confederates; and to the end, that he alone might deserve pardon and favour, excluded the most of the United from pardon and Amnestia. And so, to the end, that he might free himself from uncertain dangers, he involved his confederates in a certain destruction; and that he might turn away from himself, the punishment of rebellion and treason; he delivered up his friends and Allies to be punished at the pleasure of their enemies. With a treachery so much the more odious, in that he turned his hostile arms against those whom he had not only incited, but in a manner compelled to take arms against his Enemies. 
Dat veniam corvis vexat censura Columbas.  Therefore by what justice can a common crime be pardoned to the authors, that it may be punished in the abettors? By what equity is a public rebellion commended in the kindlers of it, that it may be punished in the furtherers? Why are not all the Protestants being partners in one and the same mischief; recompensed with the same rewards, or chastised with the same punishments. Why doth the same crime advance some unto new honours and Dignities, & strip others out of the dignities of their Ancestors, and the habitations of of their Predecessors? Why is the head of treason adorned not with Laurel wreaths only, but with Elegies or testimonials of honour? and the members which have unhappily joined themselves to him, boasting himself both in the justness of their cause and strength of arms, cut off from the body as rotten limbs? Let such changeable and fickle friends take heed, least shortly in their turn they have experience in themselves of the same punishments which they have approved in their Confederates: and lest they in succeeding times do to their own damage, pay dear for those things which they suffer to be punished as crimes, in their Confederates.  

2. Because they are not forced to a peace, but to a new War.  For it doth not necessarily follow, that if equal pardon, and common liberty do seem to have been granted to some of the Protestants, by the Transaction of Prague; they do presently enjoy a comfortable peace, and a full tranquillity and quiet of their territories. Nay rather these enticements of Peace, are incitements to a more cruel War: that pleasing name of pardon, is an oath to engage Soldiers, neither can any man make use of this pacification, but he must at the same same instant lead on bloody arms: not against strangers alone, but against his own Allies and Patroness. To the end that War may be rooted out of the Country, the Soldiers are entered into their pay, under new laws: To the end that Peace may be restored to the Empire a most bloody War is denounced against many States of the Empire; which made the condition of all the Princes, so much the Worse, that they do not as free States and Commonwealths, make a War upon the common Enemies, at their own will and pleasure as heretofore they have done, on the behalf of the Commonwealth for the Liberty of their own Country, and for their Religion and private Estates; but are rather compelled as hired servants and slaves destinated to slaughter, to bear arms against their Allies, fellow Citizens and defenders; to waste their strength and substance with extraordinary contributions, and to lend their own blood to the supporting of foreign Sovereignty; with most severe punishments adjudged against those, who have been or should be found negligent in gathering in the Soldiers pay in supplying them with provisions, or in polling and vexing the Subjects even fare beneath the value of their substance. So that the War was not extinguished, nor the exaction taken away, nor depopulations prohibited; but on the contrary, the War being before particular, is made general; the Contributions which were extraordinary, are made ordinary; and the oppressions of Cities and Countries are carried on under the title of military justice: and as all things decline towards the worst, are like to go on in a more rigorous manner hereafter. Let us interrogate the actions of former times, and to the end that we may know things to come, let us run over those that are past; and (which is the most certain way of conjecture) let us call to mind things done, and compare them with things to be done. For if the Emperor hath in his own Hereditary Countries undone some Citizens with feeding 20. or 30. soldiers in a day a piece: if he hath taxed his own Subjects at a high daily rate towards the payments of Soldiers; if he do continually lay new burdens upon his Hungarians, besides the old pay, tributes, and taxations: What can we hope will become of the Protestants, who having been lately enemies, and now friends; rather out of necessity than any will of their own, have embraced a Peace, safe for their adversaries, but disgraceful to themselves. Certainly as long as provision of corn shall be hard to be gotten (and so it will be, as long as an Army of 80. Regiments, such a one as all Europe never set forth against the Turks, shall range up and down Germany) the highest and lowest will be oppressed with excessive pilling and ransacking; they will be compelled to harbour and feed at their own charge, Soldiers armed at their charge; and both Horse-boyes and Horses belonging to their carriages, that were bought with their money; and will be in the end, consumed with the rapines, fire and sword, of those Soldiers upon whom they have bestowed infinite favours. The free Cities of the Empire (as hath been often done) will be compelled to feed, cherish, and recover, the almost famished armies, the povertie-peined Regiments, and dispersed troops; and to do all that is to be done, to relieve and piece them together, even to the new arming of them. And to the end, that they may defend themselves from those most rigorous exactions, poverty shall be desired by them as a happiness; and that they may avoid the Executioner, they will desire to fall into the hands of him that is to beg or compound for their confiscate estates. And in vain alleging their rights and immunities before an Army that carries all before it; they shall hear that most insolent speech of Pompey to them of Messina when they made the like excuse: 
Plutarch in Pompeio.  Will you not cease to tell us that are girt with swords, of your laws and Privileges? For certainly whilst Mars is in his fury, laws are silent; necessity is a perpetual patronage to an enormous power; neither are the Soldier's pillages practised under any other title, then that of common indigency. Violence defends whatsoever it hath compelled unto, and by a pretext of necessity: of things unlawful and shameful, make things lawful and honest. But that which is the most miserable thing of all, the unhappiest men will not dare to complain of their calamities: miserable men will be forbidden to show their condition; the oppressed will be compelled to feign themselves happy: and when as in the most secret part of their house they shall by stealing a tear, disclose their grief to their wives and children, they shall appear in public with the countenance of another fortune. It will be a crime so much as to make a show of sadness in their fashion or carriage, to give ease to their hearts with justly deserved sighs, and to be more willing to seem miserable, then to be so. It will be judged a great favour for a man to grant life to them he hath brought to poverty; to leave a son to him, whose brother or wife he hath slain; and when he hath rob men of half their goods, to vouchsafe to restore him a third part: Neither will it be lawful for them to lament the loss of the most part of their estate, for fear lest all they have should be taken away from them. For where shall poor souls sue for justice from their superiors? Where shall they complain of injuries, offered them? By what law shall they recover their goods taken from them?  
When as the whole Commonwealth being in disorder, the Emperor alone shall compel the rest of the Princes, being daunted with fear, to be obedient to his ambition; when as the judgement of the Imperial Chamber being neglected, all laws shall be at his pleasure alone; and finally, when the equity of the States being overthrown, and the liberty of the Germans taken away; the power of life and and death of all afflicted persons shall be only in his power. 
3. The Kingdom of Bohemia not Hereditary.  Let the sometime most flourishing Kingdom of Bohemia, and now the public Theatre of the miseries of the world, stand for an example; the State whereof, when as amongst other rights they had preserved unto themselves the entire liberty of Electing a King, and had maintained it both by word and deed, against Ferdinand II. he being instantly grown the stronger in arms; of a party became a judge, and decided that domestical controversy by his own private arbitrement; and did put to most cruel tortures all those, that did move against him the controversy, touching the Hereditary succession: And soon after to the end, that he might establish that special act by a general ordinance; he publicly declared, that the Kingdom was not won by valour; but due to him by succession: When as nevertheless the Customs of all ages, the rescripts of many Emperors and Popes; and the Coronations of all their Kings, do manifestly prove, that the Bohemians have hitherto had free suffrages in the Election of their Princes. 
joan. Dubravius Episc. Olomucensis. Wenceslaus Hagecius. Cosmas & Pulcava in Historiis Bohemia. 1197. 1212.  For, that we may seek no further, when as Primislaus in the year 1197. was crowned King of Bohemia at Mentz, by Philip the Emperor; the Emperor Frederick, II. did by three several Letters Patents of the years 1212. 1216. and 1231. confirm the Election; and did by a sacred rescript declare, by what title, and in what manner the Kings of Bohemia should for the time to come obtain the Kingdom, in these words: Declaring our pleasure to be, that whosoever shall be chosen King by the Bohemians, do repair to us and our Successors to receive his Royal ornaments after the due manner. And the Emperor Charles the Fourth did so openly confirm this suffrage of free Election in the Diet of the Empire held at Norimberg in the year 1356. year 1356 that when as he had determined by the golden Bull then published, Chap. 7. that all the secular Electorships should by lawful succession be devolved to their Heirs; yet he did particularly except the Kingdom of Bohemia as an Elective Electorship in these words: Saving ever the privileges, rights, and customs of our Kingdom of Bohemia, upon an Election to be made of their King in case of vacancy, by the Inhabitants of the Kingdom, who have the right of choosing the King of Bohemia, according as it is contained in their privileges; and according to their continually osberved Custom: which we do decree, that it shall now, and in all future times, hold his undoubted force and vigour in the whole tenor and form thereof. Neither ought the private declaration of the same Emperor Charles the fourth, made in favour of the House of Lutzembourgh, to be opposed against the public constitution of the Diet: both because it was made without the consent of the States of Bohemia in the year 1348. year 1348 by Charles, before he was Emperor, and when he had not so much respect to the Commonwealth, as to his own domestical Interests: and also because all the succeeding Kings of what Family soever, did by their reversal Letters, framed after the usual Bohemian custom, solemnly profess, that they attained the Regal Dignity by the Decree, and free Election of the States. Even Ferdinand the First, although he were the son in law of Ladislaus his predecessor; and brother in law to Lewis his predecessor; and grounded his title upon the public disposition of his Father in law by will of the Hereditary succession of Anne his Wife, in the year 1510. year 1510 Yet in a solemn recognition made before the States in the year 1526. year 1526 he freely protested: That the Barons, Nobles, Cities, and the whole Commonalty of the Kingdom of Bohemia, did of their free and good will, according to the liberties of the Kingdom choose him King of Bohemia, not of any due, etc. And although he being afterwards induced to it by the Counsels of the Spaniards, in the year 1545. year 1545 did endeavour to overthrow that recognition, under a pretence of error found in it; yet he being soon taught by experience that unto a Nation most covetous of liberty, it was a thing more pleasing that Kings should be given, then borne; in an Assembly which he called at Prague, in the year 1549. year 1549 he did most graciously entreat the States, and most freely obtained of them; that his eldest son Maximilian might be designed King by them. And Maximilian again in the year 1575. year 1575. with much entreaty and instat suit, obtained of the States of the Kingdom, that his eldest son Rodulph might only upon some certain conditions succeed him in the Kingdom of Bohemia: And he himself by a Trans-action at Prague, established in an Assembly there, in the year 1608. year 1608 yielded up the Kingdom to his Brother Mathias I. upon condition, that the States of Bohemia, and of the united Provinces, should approve this resignation: yea, even Ferdinand II. himself in the year 1617. year 1617. being commended by the Emperor Mathias in an Assembly at Prague unto the Nobles of the Kingdom; and by their consent crowned King of Bohemia; giving (as their manner is) his reversal letters, did amply commend that free Election. What was it needful for him to desire more, if the Kingdom were due unto him by right of birth? What reason was there for him to gain those things by suit, and labouring for voices, which the right of his own birth and title of lawful succession freely gave him? Besides, why hath there been none of those King's children hitherto found, who after the usual manner of Hereditary States, would either call himself Prince of Bohemia, or suffer himself to be so called by his father? Why did so many foreign Princes at such times as the government of the Kingdom was often vacant, send Ambassadors to the Bohemians, and by entreaty, labouring, promising, and offering of gifts sue, that in that Election consideration might be had of them and theirs? as it appeareth in histories that the Emperor Albert did for his son Frederick, in the year 1307. the Emperor Henry VII. for his brother Walram, in the year 1610. The Emperor Sigismond iv for his son in law Albert in the year 1437. to omit many others: Who, if they had believed that the Kings of Bohemia were made by succession, would never in such an abundance of blood-royal, in the sight of the whole World have lain in wait for another man's inheritance against all right and justice. Why was the Sceptre by the most free suffrages of the States, often translated to other families, although there were many Heirs left alive of the precedent? as was done both in the year 1306. when Wenceslaus the Third, being slain; and Henry Duke of Carinthia his son in law who was a Competitor, being put by, Rodulph the First, son of Albert the Emperor, was chosen; although the Barons of Suihoven and Hasemburgh, descended of the Heirs male in a right line, were ready to have succeeded; and also in the year 1458. when Ladislaus being dead, George Podicbradius having no manner of affinity with the House of Austria or Luxemburgh, being freely chosen by the States was confined by the Bulls of Pope Pius the Second, and by the rescripts of Sigismond the Emperor, year 1459 in the year 1459. although Casimire King of Poland, and William Prince of Saxony, whereof the one had married the younger, and the other the elder sister of Ladislaus, did with most earnest solicitation labour for the Kingdom. Why did the younger Princes often obtain peaceable possession of the Kingdom, when the brethren and eldest sons were put by it? as when in the year 1324. year 1324 Henry Duke of Carinthia who had married Anne the elder daughter of Wenceslaus VI. being rejected, john I. son to the Emperor Henry the Seventh, founder of the family of Luxemburg, and husband to Elizabeth the younger, was designed and accepted for King by the States. For by the law of nature, and lawful custom of succession, males are preferred before females, and the elder of the same sex, before the younger. But I forbear to hold a candle to the Sun at noonday, since his Imperial Majesty would have this cause, to be decided not by reasons, but by arms; and doth found his principal title to the Hereditary possession of the Kingdom, 
Ius hereditarium in regno Bohemiae Ferdinandi II. editum Viennae. 1620 in 4.  rather upon the recovery or conquest thereof, then upon their acceptance; having in the beginning of the book that is published touching his Hereditary right to the Kingdom of Bohemia, clearly professed. That although his Hereditary right were doubtful, and the Bohemians have hitherto had some right of free Election; yet now, since the whole Kingdom is come to him by force of arms, and hath received him for their lawful Heir all of due, not at their pleasure; it is in vain to hold any further dispute touching the right of Election; since the Kingdom itself being reduced under his power, did now acknowledge the hereditary right of the House of Austria thereunto. 
4. Innocent Silesia is stripped of her rights.  I come now to Silesia, and the united Provinces of Bohemia: who, where as heretofore, for the defence of their rights and liberties, they did unite themselves to that Kingdom; are at this day by this trans-action of Prague; not only deprived of all rights and immunities, but also by Hereditary right, made subject to a foreign power. The unjustness of which Article, that it may be proved from the very original of the matter itself; it is to be considered that the Province of Silesia was anciently subject unto Poland, 
joach. Cureus in Annal. Silesiae. editis. Wittebergae. 1571.  and divided by diverse Dutchies amongst the Princes of the Sarmatian blood: Afterwards in succeeding times they disdained the pride of the Sarmatians, after experience had of the faithful and friendly offices of the Bohemians in many of their affairs, of their own free will and voluntary inclination, rejecting the Imperious command of the Polonians, in the year 1331. year 1331 they sued for the protection of john I. King of Bohemia: and for this cause, Silesia being assaulted by the Polonians with a most grievous war, year 1337 and valiantly defended by the Bohemians, did deliver itself up wholly into the patronage and protection of the Kings of Bohemia, upon this covenant and condition; that all their rights, liberties, and privileges, should be preserved safe and entire. Whereof amongst others, one notable testimony hath remained until our times, that the States of that Province do not swear allegiance unto the King elected, until till he have bound himself unto them by giving a caution for the ratifying, and maintaining of their lands, rights, and honours; and by the confirmation of them by the signature of his reversal letters, and by a solemn oath. And according to this agreement, the Emperor Charles iv by a special Charter given at Prague, the seventh of the Ideses of October, year 1355 in the year 1355. did for ever unite, incorporate, and inseparably lie annex that whole Country with Moravia and Lusatia, 
Both these are extant in the Constitutions of Goldastus, Tom. 4. p. 345. 1356.  unto the Sceptre of Bohemia: which Incorporation the Princes of the Empire did afterwards approve, at the Diet held at Norimburgh in the year 1356. and did also confirm it by the Rescript or Declaration of Gerlac Archbishop of Mentz, and Lord High Chancellor of the sacred Roman Empire. And in pursuance of this right, the Silesians have ever so lived under the King of Bohemia, that they did not only give their free voice at their Election; but also at their Coronation obtained most ample reversal letters; which it appeareth that even the Austrian Kings themselves did most freely grant; namely, Ferdinand I. the fourteenth of january in the year 1527. year 1527 Maximilian II. in the year 1557. Rodulph II. in the years 1577. and 1609. and even Ferdinand II. in the year 1617. Nay further, year 1617. when the last troubles arose in Bohemia, the Silesians assisted the Bohemians their Confederates, and they were over thrown in the battle of Prague; yet the Silesians would not lay down their arms until Ferdidinand the Second at a solemn Transaction made at Preslaw the one and twentieth of April, in the year 1621. year 1621. religiously promised the States, that if they would renounce the Election of the Prince Palatine Frederick, he would preserve all their rights and privileges unviolated; which promise being confirmed by oath, and a sacred Charter; the Duke of Saxony being then the Emperor's Commissary, and Mediator for the States, did undertake by caution given, by himself to see observed.  
And although the States of Silesia did forthwith abandon the Prince Palatines Party; yet nevertheless, the Emperor in the years 1628. year 1628. and 1629. contrary to his covenants and promises, abrogated many of their rights and privileges; the Duke of Saxony conniving thereunto. And the Duke of Saxony himself, when as being provoked thereunto by the Emperor's Edict, and unjust dealing; he had stirred up generally all the arms of the Protestants throughout the Empire; year 1631 and had in an hostile manner gotten possession of the Kingdom and head City of Bohemia; did stir up the Princes and States of Silesia, (which till then had been of neither side) not only by letters signed with his own hand the fifth of April 1634. year 1634 to revolt and to maintain their privileges as he called them; but also, sending against them General Arnheim with a huge Army, compelled the Dukes and Cities which till then stood doubtful; partly by threatenings, and partly by open force unto rebellion, and put Saxon Garrisons into the chief Cities and Fortresses. year 1635 And yet nevertheless afterwards, his purposes changing with the fortune, he was the first that started from the General League; intending to purchase his own establishment with the ruin of his Allies; and suffered the most unfortunate States of Silesia (who relying upon his authority, and assurance, and justice of the Common cause, did not at the first take arms, but joined their arms to the Saxons) shamefully to be excluded out of the Amnestia; being innocent, and deserving no ill, and delivered them over to be punished at the Emperor's absolute will and pleasure; and did by his answer given the fifteenth day of june, year 1635 with cold comfort send away their Deputies and Ambassadors (craving performance of public faith) to the Emperor, to beg his pardon. And so having deserved singular well of Silesia, he expiated the crime of his own rebellion, with the punishment of his innocent friends: and not content to have wasted the most noble Province of Germany with War and rapines; he exposed the innocent Inhabitants, and such as had not been offenders, but by his instigation, to the pleasure of their Enemies. And for a reward of this his notable service done to the Empire, or rather of his egregious treachery, he hath upper and neither Lusatia bestowed upon him; year 1621. which being heretofore against all right and justice, hewn away from the root of Bohemia, the Emperor had engaged unto him by way of mortgage, for the charge of the Bohemian war. In the collation of which Province, the unjustice of both seemeth equal; as well of the Emperor in being profuse of another man's estate; as of the Saxon in making an unlawful purchase. For to repeat shortly the original proceed touching this Province also; when as Lusatia in the year 1075. year 1075 being bestowed by the Emperor Henry the Fourth, upon Vratislaus the first King of the Bohemians, together with the Crown, for a reward of his valour, was shortly after assigned by Wenceslaus with the one eye, in the year 1191. year 1191 to Otto of Brandenburg, as a dowry with his Daughter Beatrice: After the death of the marquis Walderam (who died without issue) in the year 1312. year 1312 at the request of the Inhabitants, it was restored again by john the First, King of Bohemia, in the year 1319. year 1319 and by the Charter of the Emperor, Lewis the Fourth, in the year 1328. year 1328 was inseparably united to the Crown: Which union Charles the Fourth, did afterwards by a public Edict confirmed in the Diet of Norimbergh, in the year 1356. year 1356 to settle and establish, that this Province being for ever appropriated, indivisibly annexed, and inseparably added to Bohemia; could never be transferred to a foreign government, without the assent of the States themselves. Therefore Wenceslaus the Eighth, year 1411 in the year 1411. and shortly after, his brother Sigismond the Emperor, in the year 1414. being entreated thereunto by the four States of the Province; did by special privileges and Cautions for ever provide, that it should never after by any title, be alienated from the Kingdom of Bohemia. Which right and privilege the Inhabitants themselves have been so careful to maintain; that when as King Ladislaus Nephew to Sigismond, had sold the same for a valuable price to Ferdinand the Second, Elector of Brandenburg: when he was dead, George his successor being moved with the money and suit of the Subjects; did in the year 1470. year 1470 restore it to the Kingdom: this being established as an Inviolable law, that it should never after by any pretext whatsoever, be alienated from the very bowels of the Kingdom. And yet in our age Ferdinand the Second, year 1620 that after he had taken away the general harmony and Concord of the Kingdom of Bohemia, together with their rights: when he had cut the sinews of the body, he tore in pieces the feeble members, he purchased the oppression of the Laws and Immunities of the whole Kingdom; by the dissipation of the Provinces anciently united to it. And as one not so much liberal of another man's estate, as prodigal of that which was none of his own; he sold a portion of the Elective Kingdom, that he might make the whole, Hereditary to him and his.  
But to come to that which is the chief point of the whole business. 
6. The Electoral dignity unjustly conferred upon the Bavarian.  At this conspiracy of Prague, the chief of the secular Elector-Princes; and the Prime member of the Empire next unto the Emperor; being not so much as called: unheard, unconvicted, is stripped out of his Hereditary rights; and his Territories and Dignities are distributed to the Bavarians and Spaniard, for the service they had done to the Emperor against him; and that expressly contrary to the fundamental laws of the golden Bull Chap. 3. and against the Emperors own Capitulation, in the 36. Article, which ordains, That the principal member of the Empire, and the bases and pillars thereof, the Electors; and especially the seculars, should remain unshaken. Neither is there any other colour given for that, unheard of proscription; then the unhappiness of the Bohemian War: In which, when the Prince Elector Frederick the Fifth, had engaged himself as in a particular quarrel, betwixt the States of Bohemia, and their King Ferdinand the Second. Ferdinand in the mean time, his good fortune favouring him, being advanced to the Empire; out of a private cause, devised a public crime; and so fare traduced all the actions of the Prince Palatine, undertaken against him as King of Bohemia; as to bring them within compass of treason against his Imperial Majesty; when as he had committed no offence at all, neither against the Empire, nor Emperor: nay, on the contrary in the Assembly of Frankford, year 1620 had assisted Ferdinand the Second with his voice; and did desire that the Controversy, touching the Sceptre of Bohemia, might be decided by an ordinary trial, all hostility laid aside. Nevertheless, Ferdinand being grown the stronger not in right, but in power; and having overthrown the Bohemians at the White Hill, commonly called Weissemberge: did not only proscribe the Prince Palatine unheard, and his cause never understood: but also having divided the Palatinate betwixt the Bavarians and Spaniards; did upon his own private pleasure, the States of the Empire being never consulted with; grant unto Maximilian Duke of Bavaria, the Electoral Dignity, which he had promised unto him, upon a league made betwixt them at Munchen, long before the Bohemian troubles: and only through private and domestical hatred, 
1619. Henricus Stero Altahensis in Annalibus, A. 300. Aventinus lib. 7. Annal. Boior. p. 587.  deprived him of all his rights and Territories; unto whom of ancient right it belonged to take cognisance of causes moved to the King or Emperor of the Romans. As if the Austrian Emperor could by any right transfer the most noble Fees and Seignories of the Empire, according to his own private fancy; and bestow them upon such as have deserved well of the House of Austria, merely at his own pleasure: who, as it appeareth by the 28. Article of the golden Bull, cannot dispose so much as of a County, or any other estate or fortune being devolved to the Empire, without the consent of the States of the Empire. The Electorships, Dutchies, and Counties, be Fees of the Empire, not of the Emperor; but as he is the Head, Minister, and Vicar of the Empire: and therefore he doth not receive the Oath of Allegiance of the Princes in the name of himself, but of the Empire. And at the breaking up of the Diet of Auspurgh, in the year 1555. year 1555 it was ordained; that the Controversies which arose betwixt the States of the Empire, touching the Imperial Fees and Seignories, should not be decided, but in the general Assembly of the States. And for this cause Henry the Second, King of France, in the year 1551. year 1551 did by his Ambassador justly complain, before the States of the Empire; that Charles the Fifth, his cause not being heard, and his right neglected; had bestowed upon his son Philip the Duchy of Milan and Vicarage of Sienna, without their consent, or approbation. And the Emperor Rodulph II. in the year 1598. year 1598. did most Heroically answer the Spanish Admiral demanding the Vicountie of Besanzon in the name of the King his Master, That the Fees of the Empire could be taken away from no man, nor be transferred upon any other, without the consent of the Electors and States. Certainly, according to the ancient custom of the feudal laws, the Controversies concerning Fees ought to be determined by the judgement of the Peers. And if a question do arise between the Lord and his Vassals concerning any matter of Fee, it must be decided by the Peers of the Court, lib. 1. de feud. tit. x. sec. 1. And they ought to determine Controversies touching benefices, who do hold benefices of the same Lord, lib. 1. tit. 26. And although the Emperor did desire to have such an apparent injury approved by the States of the Empire, year 1623. in the Diet held at Ratisbone, yet the Electors of Saxony and Brandenburg, and many other Princes of the Empire did by their Ambassadors make protestation, and allege; That the Translation of the Electoral dignity upon the Duke of Bavaria, was contrary to the Constitutions of the golden Bull, to the fundamental laws of the Empire, to the declaration of the Emperor Sigismond the Fourth, to the customs of feudal right; and in a word, to the accords and covenants agreed upon betwixt the Houses of the Prince Palatine, and Bavaria, long since established, by the providence of their forefathers; and strengthened with the proscription of almost 300. years: That the Prince Palatine was condemned, being never summoned, never heard, and his cause never opened: When as he nevertheless was not the author of the Bohemian troubles; and many that were partners in the same crime, obtained pardon of the Emperor; and that therefore they could not consent to such a precipitate proscription, and stripping him out of his Estate. And therefore also, when as the Emperor rejecting all these exceptions, oppositions, and protestations of the States, bestowed the Fee of the Electorate upon the Duke of Bavaria: the Ambassadors of Saxony and Brandenburg, refused to be present at the ceremonies of his Investure; lest by their presence they should seem to have approved so enormous an act of injustice. And a little after, the same Electors did by their letters sent to the Emperor from Amburgh; complain of the violation of the right of their College of Electors; and by a public instrument under their own hands, did confirm and make good all that had been said and done by their Ambassadors. And although the year following, the Duke of Saxony being drawn on by the cunning of Ludovike Landgrave of Darmstadt, year 1624. did at the Convention of Schleufingen receive the Duke of Bavaria, into the Septemvirall College for a time; persuading himself, that that College being made complete, an universal Peace would be established in the Empire. Yet that admission being made upon certain conditions; he protested, he intended not that any thing done should prejudice the rights of the House of the Prince Palatine, nor the protestations exhibited by his Ambassadors at Ratisbone: Which afterwards both in the Convention at Mulhausen, year 1627. 1630. and at the Diet of Ratisbone; and in several Declarations and resolutions, sent unto diverse Princes of Europe; and even in that league made at Torgaw, in the year 1631. year 1631 with the King of Sweden and Elector of Brandenburg; he did ever constantly acknowledge and affirm: having protested in all places, and before all men; that no Peace was ever to be hoped for in the Empire, without restitution of the House of the Prince Palatine. Therefore with what conscience dareth he at this day publish that Trans-action to have been just, sacred, and most profitable to the Empire: Whereby, it is not only certain, that the equality of voices being taken away amongst the seven Electors, the Protestants will ever go down the wind; but also, so long as there shall be one drop remaining of the Palatine blood, from which this dignity if not regal; yet certainly next to it, is so violently taken away against all right and justice; it is manifest, that Germany will be perpetually infested, with new troubles. For be it admitted, not granted, that the Prince Palatine hath by such heinous crimes deserved proscription, and stripping out of his Patrimony: By what law or right, are his children, brother, and all his Kinsfolks, as innocent and guiltless as himself, though differing in cause, involved nevertheless in the same punishment: When as both his sons before their Father's offence had the Electoral dignity, belonging to them by right of succession; and also by the Common law of Fees it is manifest, That the offence of one of the Heirs of the Fee doth not prejudice the rest, lib. 2. de feud. t. 78. and yet the act of a brother doth not hurt his brother in his Hereditary Fee. tit. 93. Yea more, if a vassal shall commit so enormous a crime, that he or those that descend of him, aught to be deprived of his inheritance; yet his kinsfolks in the fourth degree are to be restored to the possession thereof, lib. 2. tit. 26. And therefore very wisely the Duke of Neuburgh being nearer of kin to the Prince's Palatine, year 1623. then to the Bavarians, obtained of the Emperor reversal letters, whereby provision was made, that this Trans-action of Electoral Dignity upon the Bavarian should at no time, nor in any sort prejudice the right of himself, or of his, founded upon a nearer degree of blood.  
Neither doth this appear to be a less argument of so barbarous an injury, that the whole Electorate being transferred upon the Bavarian; yet the Territories are divided amongst diverse Princes; and the upper Palatinate is assigned to the Bavarian, and the lower to the Spaniard, for the charge and expense of the Germane War. Whereas by the Constitution of the golden Bull, Chap. 25. (the title whereof is, year 1356 Of the entireness of the Principalities of the Electors) Those Illustrious and magnificent Principalities; that is to say, the Kingdom of Bohemia, the County Palatine of the Rhine, the Duchy of Saxony, and Marquisat of Brandenburg, and their Lands, Territories, and all other things belonging to them, cannot, nor ought upon any condition whatsoever, be cut in pieces, divided, or dismembered.  

7. The Bavarians had anciently no right to the Electorship.  The Bavarians perceiving the cause of translation to be entangled with these difficulties; and having many ages since sought for some pretext for their ambition, do devise most ancient titles for their new usurpation; and do affirm that the Electoral dignity was not so much conferred upon them by Ferdinand the Second, 
Gewoldus de S. R. Imperii Septemuiratis c. x. Fabius Hercynianus Cancellariae Anhaltinae. P. 11. p. 83. 1215.  of his grace and favour to them, as recovered for their due by force of arms; and if it being most unjustly taken away from the House of Bavaria by Charles IV, in the year 1354. was in respect of affinity translated to the Family of the Prince Palatine of Rhyne: And that therefore the Prince's Palatine unjustly; but the Bavarians most justly did complain of the alienation of the Electoral right; and that they may therefore lawfully commence their suit for the recovery of the profits thereof, which have been enjoyed ever since Charles the Fourths time. Therefore to the end, that the impudence of this Imposture may be made manifest to all men; it will be necessary to open the state of the whole matter from the beginning. Ever since the first institution of the Electors; the right of electing the Emperor hath been in the power of the Count's Palatine, which were also Dukes of Bavaria, as is manifest by the ancient Histories of those times. And in the year 1215. year 1215 by the marriage of Otho Duke of Bavaria, with Agnes, daughter of Henry the last Count Palatine; the Palatinate of Rhine was united with the Dukedom of Bavaria, and Otho himself the first of the Family of the Bavarians, in the right devolved unto him by his wife, became Elector: So the dignity united with the Seignory, year 1295 remained in the House of Bavaria until the year 1295. At which time Lodovike the Third being dead, his sons divided his inheritance in this manner: that Rodulph his eldest should hold the Palatinate, with the right of Electoral power; and Lodovike the younger, the upper Bavaria; and after his brother's death, he should hold the power of Election for term of his life; as appeareth by the Trans-action made betwixt them at Munchen, 
1313. Extat apud Gewoldum de S.R. Imp. Septemviratu. p. 224. 1314.  in the year 1313. But Lodovicke the younger, following the fortune of the Wars; whilst he bore arms against the Austrians, in the year 1314. was declared Emperor by the Major part of the Electors; his brother Rodulph and the Electors of Saxony and Collen, bestowing their voices upon Frederick III. of the House of Austria. Whereupon grew a civil War in Germany; Lodovike of Bavaria being the stronger in arms, stripped his Brother Rodulph, taking part with his enemies, out of all his Territories; and having proscribed him, forced him with his children to retire into England; where, a little while after, year 1317 with grief of heart he died. Yet soon after that, Frederick of Austria being taken prisoner and deposed: Lodovike the Fourth, moved with commiseration of his Brother's children, did by the Trans-action of Norimburgh, year 1329 in the year 1329. restore to Rodulph the Second, and Rupert, 
Extat imperfecta apud Gewoldum. p. 218.  sons of his Brother Rodulph the First, their Hereditary Seignories and dignities, upon this condition; that they yielding up the prerogative of the Electoral right, should divide the Septemvirall Suffrage, with his sons Lodovik and Stephan; and so both of them in their turns should Elect the King of the Romans; which Transaction, though extorted from him by force, he did yet cause to be published in the Diet at Frankford, year 1339 in the year 1339. But the Emperor Lodovike the Fourth, being excommunicate and dead; when Charles the Fourth, King of Bohemia, son in law to Rodulph the First; year 1342 and Brother in law to the Brethren Palatine Princes, came to sway the Empire; Rodulph the Second, and Rupert the Palatine Princes; complained to the Emperor their Kinsman by marriage, of violence and injury offered them; and challenging the entire right of Election to belong unto them, as being the eldest sons; did sue to have the Trans-action of Norimburgh, touching the alternative Election betwixt the House of the Palatines and Bavaria; abrogated, as being most unjust, and extorted from them by force. So Charles the Fourth favouring the most just cause, caused the business to be brought into debate; and having obtained the consent of all the Electors and States, year 1354 in the year 1354. restored the Hereditary right of the entire Electoral Suffrage unto Rupert I. the Palatine Prince (for his elder Brother Rodulph a little before, year 1356 in the year 1353. died) and excluding Lodovike and Stephan Dukes of Bavaria, published an ordinance touching the right and succession of the Count's Palatine, in the voice and election of the Roman Emperor; and caused it to be sent unto all the Electors. Yea, and about two years after, in the year 1356. in a Diet held at Norimbergh, 
1356. Extat utrumque Mandatum & Diploma apud Goldastum. Tom. 4. Constit. Imper. p. 345  caused a public Charter, confirming the same, to be approved and signed by all the Electors. Which he the more easily effected; because in the same Diet he had conferred upon Lodovike the Roman, son to Lodovike the Fourth Emperor; the Marquisate and Electorate of Brandenburg: as a recompense for the right of the Palatine Electorate.  
Whereby it appeareth, that it is a most false calumny of them that affirm that the Counts Palatine did by the connivance of Charles the Fourth, take away from the Bavarian, the ancient right of voice and Electoral dignity. When as on the contrary, it is manifest out of authentic records, and all the Histories of those times; that the Prince's Palatine did in no sort invade any right of another man's, and that was not due to themselves: but did recover their Hereditary rights which was extorted from them by Lodovike the Fourth, by force and fraud; and did unite it for ever to the House of the Palatines of Rhyne; by the consent of all the Electors and Princes of the Empire. And consequently, that the Bavarians before their late intrusion, had never any right at all to the Electorate: nor were ever like to have, otherwise then by a violent detention. For, let both the translations be compared; that of Charles the Fourth, upon the Prince Palatine Rupert: and of Ferdinand the Second, upon Maximilian of Bavaria: and the justice of the one, and the injustice of the other will appear more clear than the noonday. In the one, Charles the Fourth, did not so much out of grace bestow the Electoral Dignity upon Rupert the Prince Palatine, as of due restore it being taken away from his Uncle by force. In the other, Ferdinand the Second, granted the Dignity, being taken away from the Prince Palatine Frederick the Fifth, without desert, unto the Bavarian: who can pretend no right at all unto it. In the one, Charles the Fourth having formerly obtained the consent of all the Electors, did in the public Assembly of the Empire restore unto the Prince Palatine the Suffrage of Election: even Lodovike the Roman, marquis of Brandenburg, assenting thereunto. To whom it most properly belonged, to perpetuate so great an honour to his Family. In the other, Ferdinand the Second, upon the league made at Munchen; for sending of aid against the Bohemians, sold the Palatinate to the Bavarian, before the Prince Palatine had set a foot in Bohemia: and against the public exceptions, oppositions, and appeals of all the Protestants, thrust Maximilian into it by force. Lastly, in the one, Lodovike surnamed the Roman, son to the Emperor Lodovike the Fourth, having received the Electorate of Brandenburg, in the year 1352. year 1352 upon the resignation of his brother, Lodovike the first: did by a solemn renunciation yield up the right of the Palatine Electorate, to his Cousin German: In the other, the Elector Palatine did neither in his own name, nor in the name of his Brother or Kinsfolks ever renounce his so lawful right: but rather chose to undergo all extremities, and even a ten year's banishment; then he would suffer himself to be so unjustly deprived of so illustrious a dignity. For, as for that which by the Trans-action of Prague, is offered to the Princes Palatine; that if laying aside the right of the Electorate, they will come like humble suppliants, and beg pardon of the Emperor: lands and revenues, competent for their family and descent, should be assigned unto them: it is much like to the pleasant devise of the Triumvirie in Rome, wherein this favour was granted unto him, 
Dion Cassius Histor. lib. 47. p. 336  that should willingly yield up the possession of his whole estate; that he might afterwards be repossessed of a third part of it. And that was (saith the Historian) to receive just nothing at all; and beside, to lose all their labour and travail. For they who were stripped by open violence of the whole two parts of their estate, how should they receive a third part back again: especially when their estates were sold to the soldiers at so cheap rates? Besides, this Injury done to the Prince Palatine, threatneth the like to the rest of the Princes: and the exclusion of the chief of the Princes, draweth with it the ruin of the inferior States. For if the Austrians, being conquerors, be not ashamed to deal so shamefully with the Head of the Electors, what can we hope will become of the rest of the members of the Empire: who neither in power, nor dignity, nor amity of strangers, are to be compared with him? Certainly, whosoever of the Protestants shall apply themselves to their party: they will according to the example of the Duke of Saxony, be bereft of their strength, their fortresses, and their own troops: and being by that means made naked, feeble and disarmed; shall only bear the empty name of the Austrian Commissaries. And whosoever shall refuse presently to yield his neck to the yoke which heretofore the Germans have been unacquainted with; and shall not with closed eyes accept of any Articles whatsoever: they shall forthwith, after the examples of the Dukes of Wirtembergh, be proscribed as enemies of the Empire; and guilty of treason against his Imperial Majesty, and be stripped of all their Patrimonies. The Imperial Cities, which were anciently free after the example of Donawert, Ratisbone, and Auspurgh, shall be delivered up to their Allies for the expenses of the War: and under the name of being mortgaged, shall be enslaved in perpetual servitude to usurping Lords. But for Germany, enough; and perhaps more than was fit, hath been said of it. I would to God there had not been more and more odious things done, then hath been said: and that worse mischiefs were not to be feared, then are to be related.   

CHAP. FOUR The fourth Nullity on the part of the Swedes.  
IT remaineth, now, that we should in a few words declare the Injuries done to Princes, and foreign Kings by this Conspiracy of Prague. And first of all; it was no small thing strange, that our Triumvirs have so shamefully excluded and rejected from the benefit of the Common Treaty, the Princes and States of Germany: whose strengths and territories they had already swallowed in their most greedy hopes. But this seemeth unto all men very absurd; that the same men having neglected, and prostrated the right of Majesty; have remooved out of the Council of public like pacification so many Kings and Kingdoms, having no dependence upon the sacred Empire: whom it principally concerned that tranquillity should be restored to Europe, and liberty to Germany; and have as it were, with the power of a Dictator denounced a most deadly War against all those, that should oppose their Triumvirate.  
For, to say nothing of those renowned Princes; the King of Great Britain, whose Sisters Children, after so many windy and dilatory promises; are so cruelly kept out of their possessions, and Hereditary rights. The King of Denmark; from whose son, without hearing or understanding his cause; the Archbishopric of Bremen, with the Suffragan Bishoprickes were taken away in so judicial a manner. The united and Confederate States of the Low-Countries against whom, under the title of restoring the German liberty; arms joined in conspiracy with the Spaniard, are taken up. That is against all manner of reason, and deserves not so much as any show of excuse; that the King and Kingdoms of France and Sweden, being engaged in Common arms, and united in a joint War with the Chief of the Protestants; are so disgracefully proscribed against the law of Nations: and are commanded like slaves and vassals, to obey the Commands of the Spaniards: and if they do otherwise, they are not to be routed (forsooth) but to be swallowed up quite withan army of 80. Regiments: As if they were not able to obtain their common peace, as a reward of their own valour; but only as the gift of another's power: or that they ought rather to beg their public safety, as of the good will and pleasure of their enemies; then by conquering Armies to wring it from them, being brought upon their knees; or as if they were ignorant, that the friendships of enemies are false hearted; and that peace voluntarily offered is more deceitful, then rest purchased by strong hand. For, what can be more unjust, or more senseless; then for foreign Kingdoms, over which, neither the Emperor, nor the Empire have any command to accept at the pleasure of the Austrians, and Saxons, a disgraceful, dishonourable, and uncomely Peace; and no less calamitous, 
1. Because the Swedes making War in their own name, aught to make an agreement in their own right. 1626.  then ignominious to themselves, and their Allies. Especially, when as the most renowned King of Sweden had in his own name denounced. War against the Austrians, for particular injuries done to himself; and set it on foot, the Saxon at the first labouring against it. For indeed, when as in the year 1626. that great Gustavus set forward with his Army in Prussia, against the Polonians: the Austrians being never so much as provoked, sent forth the Duke of Halsatia, with the Imperial forces and badges, against the Swedes. And in the year 1629. year 1629 besieging Stralesand, contrary to their faith and promise given: they shut up the commerce of the Baltike Sea: and cast the Dukes of Meckleburgh out of their Hereditary Estates; being proscribed, and their cause never heard. That glorious King being justly instigated by such notorious Injuries; did endeavour to recover the safety of himself and his friends, by Arms; year 1630 which he could not obtain by a friendly Treaty: and transporting his Army into Germany; did in his own name; and under his own conduct, make war upon the Emperor: and intimated the causes of this revenge, being as necessary as lawful, unto the College of Electors. But having overrun many places with conquering arms; he did in his own particular name, and in the right of his own Majesty; make diverse accords with the Emperor, Electors, and Commanders of his enemy's Armies: and shortly after joining the Protestants to him, year 1631 after the Victory of Leipsich: he either made, or attempted to make public Confederacies. Not with the Emperor and Leaguers alone; but also with the Principal States and Circles of the Empire: the Saxon not only conniving thereunto; but also granting to that most prudent King, full authority and power to make peace. Therefore with what justice can he at this day exclude the Swedes, from having their part in the Common Treaty; who do still prosecute the same Injures: and those that be more grievous ones then they, with a war no way mitigated; but rather more incensed? With what conscience can he envy the according of a public Peace to them, who have undertaken a War upon private and particular causes; and at their own particular charge? Why doth he forbidden those to negotiate, for the remedies of their mischiefs; whom it chiefly concerneth to have those mischiefs remooved? The quiet, peace and liberty of all are indivisible, as their war and injuries were: neither can any better endeavour the reparation of their lost tranquillity; then they that labour to purchase peace, with the hazard of their own lives.  
Now if this exclusion of the Swedes, 
2. Because the Duke of Saxony in his own private respect oweth revenging imprecations to the Swedes.  do at the first sight appear to be unjust; it is made much more unjust, by the person of the Saxon. For when the most renowned Gustavus did revenge his private Injuries, by a particular War against the Emperor; the Duke of Saxony having for another cause, stirred up the Protestants to a rebellion: he, and his being besieged and lost, did according to the league made at Torgaw, year 1631 entrust all the fortunes of the Protestants, to the valour and protection of the Swedes: and entered into a society of Arms and Counsels with them; and so being delivered from the present danger of the particular cause of the Swedes, he made the common cause of all the Protestants; and turned this private war into a public defence. And though now as a perjured man, against his faith given, and confirmed by his oath and signature; he doth revolt from his Confederates, and labour to purchase the amity of his Enemies, by a Triumvirall conspiracy. Yet the Swedes will not therefore presently follow that most wicked example, and renounce their right; and basely laying down their Arms, desist from revenging their private Injuries. Which, as before their unhappy Society entered with him, they had valiantly begun to do: so after his infamous divorce from them, they will no less happily execute. For having amongst them so many domestical examples of virtue, they will not be imitaters of other Princes in frauds, and perjuries; but in valour and brave actions: as certainly knowing, that hitherto, perfidious cruelty, cowardice, and calamity, have been on the Enemy's side: and on their side fidelity, assistance of their Confederates, valour, and therefore also fortune. And as becometh brave spirits, they had rather in a good cause die valiantly, then fly cowardly. Therefore the Duke of Saxony, is so fare from being able out of his imaginary plenitude of power, as the Protestants Dictator; and Austrian Commissary, to command the Swedes to accept of a peace, whether they will or not; or to make an accord with the Emperor in their name: that on the contrary, although the Emperor would have granted all their petitions, and righted all their Injuries: yet notwithstanding, they have reason, to set on foot, a new and more heavy quarrel against the Saxon. And to bring against him a charge of perfidiousness, perjury, breach of covenant, forgetfulness of good turns; and violation of the law of Nations. Let him therefore first in his own name, make an accord with the Swedes, for the Injuries done by himself: and afterwards by the Emperor's Commission, he shall decide the Controversies of the Empire. Let the perfidious man purge himself; and let him first excuse his own crimes, before he defend other men's.  


3. Because the Swedes cannot basely forsake their leagues and their troops.  
See the Acts and Treaties betwixt the Sweeds and Saxons, conceived in the year 1635. n. 17. 19 and 28.   Neither is this of less importance to be considered; that the Swedes, after they had once undertaken to defend the Cause of the Protestants, and the Liberty of Germany; they made reciprocal leagues with many Princes and States of the Empire, for the defence of the public Weal. As with them of Stralesund, the fifteenth of july, 1628. With the Duke of Pomerane, the tenth of july 1630. With the Elector of Brandenburg, the first of September 1631. With the four higher Circles, in the Assembly of Frankford, in the year 1633. And with the States of the Lower Saxony, in the Convention at Halberstadt. And so having called in most parts of Europe, to the defence of their liberty; they gathered together most puissant Armies out of many Nations: and having by their valour put their enemies to the sword; at their own great charge, and greater toil; they took many Cities of Germany, and much Munition: and defended them with the inestimable loss of their King. And therefore they cannot with the safety of their honour and reputation, cowardly abandon places valiantly gotten; unless they restore all things unto their entire condition: nor frivolously disband an Army no less famous, then noble, without giving them their means. For it would be wonderfully ridiculous, that they should have gotten so many most strong Forts, with huge expenses and dangers: to this end, that they should presently after restore them again at the pleasure of their Enemies: and that they should have bound so many most choice, noble, and brave men, with a Military Oath, to the end, that they might cashier them again, when their bodies were maimed, their means spent, and their wounds yet gaping, miserable, naked, and unarmed: and as banished men forbidden the use of fire and water. This is the property of the Saxon, and his Confederates, to value the bodies and souls of the soldiers at a farthing: to relieve his starved Armies with the oppression of the subjects; basely to abandon things rashly gotten, to alter or change his friendships and hatreds, according to the inconstancy of Fortune: and in a word, to interpret the Triumvirall prescription, by the name of a general peace. The Swedes being as noble as famous for their laurel wreathes, as for their traffic: do reverence valour as well as Constancy; and as they are wise in a gown, so are they courageous in a soldier's coat. When the loss or hazard of honour is in question, they had rather have a bloody war, than a fruitless peace; and do rather choose to redeem their Confederates by an honourable death, then to forsake them by disgraceful flinching, and secret turning their backs. As people that have well learned, that whatsoever doth any where concern their friends, doth also concern themselves, and that a part of the common detriment reacheth unto them as particular persons. Wherefore they will never be induced by any reason or force to be so unworthy; as by a base neglecting of the war, to delude their Confederates; prostitute their friends; and rather to admit of peace upon what conditions soever, then to treat for it. And rather with readiness to embrace the friendship of their enemies, then to deserve it. Especially, since they do assuredly know; that no length of time, no oblivion, shall ever wipe away the sense of that danger, whereunto the House of Austria saw itself exposed by the Swedish forces; and even brought as it were, to the last gasp. He doth not well know the condition of that nation, that doth think that any such thing, can fall from them. The nature of Spaniards is long to remember offences, but quickly to forget good turns. And howseover that Caesar of old time would often say, that he could remember all things saving Injuries: the disposition of this present Caesar is not so; who doth not only never forgive nor forget the injuries, which he imagineth to be offered to himself and his House: but also watching for a fit occasion for a whole age together, doth revenge it upon the innocent Children, and grandchildren. It can therefore by no right or reason be required of the Swedes, that as persons content with the suretyship and undertaking of the Saxon, who hath often so perfidiously deceiyed them; they should carry away their conquering armies out of the Empire: that they should abandon a public war without good security of an universal peace; and commit all the forces and fortunes of themselves and their Allies, to the uncertain will and pleasure of most merciless enemies. As if after their war so valiantly and so happily managed; they were to carry away no other Trophies▪ but the immortal hatred of the Austrians: no other Triumphs, but the everlasting threats and heartburning of the Spaniards. But I cease further to impair or blemish the most renowned acts of that Victorious Nation, with my weak and poor lines. Which, as in time past, when the Roman Empire was destroyed; it did restore the West part of the World to her liberty: so at this day having her intentions bend upon the restitution of the German safety; The defends her own cause better by arms then by pens; and desireth not so much excuses for her actions, as praises and acclamations.   

CHAP. V The fifth Nullity on the part of the French.  
I Come to the French, a people breathing liberty, by the very derivation of their name. Who, when as by very good right, and with a most pious purpose, they had engaged themselves in the common War: by the decree of the Triumvirate of Prague, against all right, and contrary to all piety; were not only rejected from the public pacification; but also proscribed as enemies of the Empire; favourers of Heretics; instigators of Turks, and disturbers of the Christian Common wealth. And under colour of a War against Lorraine, are commanded to be destroyed with the whole power of Germany joined together. Indeed, 
1. Because the most Christian King by the right of Protection hath preserved the Catholic Faith in the Empire. 1631.  when as in the year 1631. the most renowned King of the Swedes having overthrown the Forces of the Austrians, and of the Leaguers; did run through the Empire without resistance, (the Emperor being afraid of him; the Bavarian flying; and the Spaniard not so much as whispering against him) and took possession of the best Provinces & Cities of Germany: and by that means brought the affairs of the Catholics into grievous straits▪ and to most imminent destruction. The most Christian King being ever heretofore a subduer of Heretics; and a defender of the Catholics; fearing lest by the progress of this civil war, the cause of Religion might receive prejudice: did not only by sending Ambassadors to that victorious King, obtain for all the Catholics, which were brought under his command; a full liberty and exercise of their Religion; but also offering to the rest the remedy of neutrality, took into his Royal defence and protection, the bishopric of Triers, the Bishoprickes of Spire and Basill: and very many other Dukes, Counts, and Cities of Germany. And through his moderation no less pious than prudent, he stopped the unavoidable ruin of the Catholics in the Empire; and kept off imminent destruction from the Protestants. So the Religion of his Ancestors being preserved, and established; he seeing Princes unjustly cast out by the Austrians; Cities deprived of their liberties; and his neighbours either oppressed, or ready to be oppressed with the Spanish yoke: joined his Confederate arms with the Swede; restored the Princes to their Territories, and the Territories to their Princes; Cities to their privileges; and the Empire to his ancient rights and dignities: and delivered all his neighbours and friends from the tyranny of the Spaniards. And yet notwithstanding for all these his good merits towards Religion and the Christian Common wealth; he is only not proscribed by the Austrians, but accused by them to be the kindler, fomenter, and advancer of the whole German War: and is also with most false calumnies exclaimed on; as if he had conspired with the Lutherans for the extirpation of the Catholic truth. And even the Emperor himself unto whom the zeal of Lewis the thirteenth, cannot be unknown, by so many wars as have been made by him against Heretics; yet in his Declaration touching the benefits and commodities of the Peace of Prague, set forth at Baden the 8th day of june, 1635 he doth plainly profess: That if haply any man shall conceive, that in the Treaty of Prague sufficient provision is not made for the good of the State, and of Religion; that the cause thereof is not to be imputed to him and his Confederates; but to the most Christian King. Who though he be commonly styled the eldest son of the Church; yet he was not only not ashamed in the beginning of this War, to sue for the assistance of Heretics; to call in the King of Sweden a stranger to aid him; to make a solemn League with him; to feed and reinforce both their strengths being joined together; and of his own proper motion, without any cause, and contrary to his promise given, to invade the Provinces of the Empire: but doth still daily endeavour to stir up the Princes and States against him, being pulled away from the Emperor. Yea more, after that by the Victory of Nordingen, very many were added to his party; he with arms in his hand, took possession of the Cities which were brought under his Command: cast the garrisons of the Catholics out of them; restored those of the Heretics; and as much as in him lieth, doth endeavour to stop the progress of peace and Catholic Religion in the Empire. Insomuch, that he took the boldness to promise the Duke of Saxony, if he would range himself on his side; he would not only procure him the better conditions of peace; but that he would labour with tooth and nail, that the Heresy of the Lutherans, with the rest of the Sects might be publicly established in the Kingdom of Bohemia, and the Provinces united to it. Good God, what a thing is this? the most Christian King, who, when the rest turned their backs, did by his intercession alone made to the Swedes, preserve the Catholic faith in most of the Provinces of Germany: did he with the utmost of his strength stop the progress and increase thereof! He that delivered diverse Bishops out of the fires of their enemies; did he add flame to the War against the Catholics! He that stripped the Heretics of France out of all their strength, and laid them on their backs was it his care, to raise up the Sectaries of Bohemia to their ancient power! These are frivolous devices of his adversaries; who, when they cannot cloak their invasions by a title of civil right, they betake themselves to the counterfeit vizard of oppressed Religion: and as if the war were made in Germany for the destruction of Religion, not of Tyranny: they traduce all those that stand for the liberty of the Empire, as Heretics; or at the least, favourers of Heretics.  

2. Because the Protection of the Princes, and States of the Empire, cannot be charged to be the French Kings fault.  The true and principal cause of this quarrel and indignation is, that the most Christian King when things were, in regard of any other help, in a desperate condition; he received the Archbishop of Triers, being oppressed by the Spaniards, into his patronage and protection: but when he had cast the Spaniards out of the City and Territory of Triers, he restored the Prince freely to his rights and dignity. year 1632 That then having joined his arms with the Swedes: he delivered diverse other States of the Empire; as namely, the Palatines, the Alsatians, and the Westrasians, from the pillings and pollings of the Austrians, and the Lorraines. That he did by no new nor unheard of example; but such a one as was laid down before him, and delivered to him from his Ancestors; set limits to the ambition of his enemies, and stoutly defended the German liberty. The protection of people in distress; the raising up of the afflicted; and the restoring of them that are cast out; is natural to Kings: and doth not belong unto them so much by the right of their Sceptre, as by the law of humanity. It is the duty of a good Magistrate to govern his subjects, and to protect his Allies: neither is there any greater instrument or testimony of good government; then when neighbours are preserved from the hands of their enemies. And if by common right it be a fit thing for all Kings to secure those that be afflicted; yet none did ever more justly, and happily practise it; then the most glorious Monarches of the French: who, for this last age and more (to lay aside those things which are more ancient, and more foreign) have sent frequent aids unto the Catholic and Protestant States of the Empire, against the Invasions of the Spaniards. year 1534 So Francis I. in the year 1534. joining his arms with Philip Landgrave of Hassia, restored Vlricus Duke of Wittenberg after 15. year's banishment, being cast out by those of Swawben, through the faithless dealings of the Austrians, to all the rights and Territories which Ferdinand I. had formerly possessed under the name of an Imperial Fee. So Henry II. making a League with the Protestants, in the year 1552. year 1552 brought home john Fredrick Elector of Saxony, and Philip the Landgrave of Hassia, being like slaves shut up in prison by Charles V for above 5. years together; contrary to his faith and promise, and restored them to their former liberty. So in the year 1620. year 1620 when by the Union of the Protestants and troubles of Bohemia, the affairs of the Catholics were brought into great straits; and the Emperor himself being then in a manner besieged in Vienna, ran a hazard not only to lose the Kingdoms of Bohemia and Hungary, but even his own Hereditary Provinces: Lewis XIII. being as well moved with the zeal of preserving the Catholic Religion; as with the often iterated entreaties of the Austrians; sending Ambassadors to the Assembly at ulme, dispersed the forces and Counsels of all the united Princes, procured a truce betwixt both Armies; persuaded the Prince of the Transilvanians to peace, and so giving the Emperor liberty to breath; delivered the House of Austria from most certain ruin. Now if the Emperor abusing so many favours done him, do turn his victories obtained against the Heretics and Rebels, into a slaughter of innocents, and oppression of his neighbours; and do transfer the fortunes of the Empire to the private benefit of his own Family: no man ought to think it strange, if the most Christian King having been the author of all those Victories, do endeavour to moderate his enormous usurpations; and to reduce them to the equality of the ancient right: especially, since he well knows, what difference there is betwixt the Commonwealth and Religion; and will not so advance the rights of the Empire, or of the Allies thereof; that he will depress or hinder the cause, 
3. The most illustrious Elector of Trevers (or Trier) did justly and seasonably obtain the protection of the French. M. M. Author 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pro Domo Austriaca. Bruxellis editi. 1635. Richard. Wasserburgh. in Antiquit. Galliae Belgicae lib. 1. p. 12. & lib. 7. p. 102. 943.  or exercise of the Catholic Religion. And whereas that Bundler of calumnies, that Pamphleter of Brussels, doth traduce this protection of the neighbour Princes; and make it as an invasion of foreign Provinces: that is easily refuted, by the vanity of the lie itself. For as it appeareth by the ancient and Authentical Stories, the bishopric of Triers, with the neighbour and suffragan Bishoprickes of Metz, Toul and Verdun, being very anciently united to the Kingdom of the French; were at length, in the year 943. by the misfortune and imprudency of Lewis VI called the Transmarine, transferred unto the Emperor Otho II. Yet they ever after flourished and continued under the amity and patronage of the French, though City's subject to the Empire: and the Prelates of those Cities, desired and obtained the aid and protection of the French; without any prejudice to the Empire, or detriment to their own liberty. As amongst others, in the year 1337. Henry of Aspremont, year 1337 Bishop of Verdun, sued to King Philip of Valois. In the year 1450. Conrade Bayer, year 1450 Bishop of Metz, sued to Rene of Anjou Duke of Lorraine: and in the year 1467. year 1467 Lewis of Bourbon Bishop of Liege to Lewis II. the French King; and to Charles the Bold, Duke of Burgundy. All these desired and obtained of these Princes, support and protection against the Rebels, or invaders of their Ecclesiastical rights: without any prejudice to the Majesty of the Empire. And whereas that mercenary scribbler aledgeth; that by a most ancient League made between the Bishops of Triers, and the Counts and Dukes of Lutzemburgh; the Archbishopric and Cities of Triers, is and hath been under the protection and Advocacie of the Dukes of Lutzemburgh; and that therefore the most illustrious Elector of Triers, ought rather to have sued for the protection of the King of Spain, who at this day is in possession of the Duchy of Lutzemburgh, than the foreign patronage of the French; is a frivolous and a foolish allegation.  
For we know, that some few ages since, the Counts of Lutzemburgh did voluntarily offer their protection to them of Triers: 
Guilielmus Kyriander in Annalibus Trevirorum. p. 158. & 194. 1374.  and that the Emperor Charles IU. who was of that House; to the end that he might purchase the Empire for his most stupid son Wenceslaus, in the year 1374. did not only pay unto Cuno Archbishop of Trires, a huge sum of money for his Electoral voice; but also promised him a mercenary protection against all enemies of what condition soever. And that soon after, year 1376 in the year 1376. a controversy between the Bishop and the City touching matter of jurisdiction being put over to him; he did order that City & State to be wholly and fully subject to the Prelate: which notwithstanding is yet at this day called in question by the Citizens. But we know also, that this protection did not deprive the Archbishop of his absolute right; nor that it did of one under the protection of the House of Lutzemburgh, make him a slave unto the Spaniard: & that a Free Prince when the Patronage of his former Protector faileth him, may justly obtain the Protection of a new Patron: especially when such a necessity hangs over his head, that he cannot be preserved, but by a most present remedy. Which, since the most illustrious Elector of Triers did; when he was in danger to be utterly destroyed by the Swedes being hard at his back; there is no reason, why the Spaniards should be offended at it: who at that time were so fare from being able to give aid to others, by right of protection; that on the contrary they being engaged in a most perilous War with the Hollanders, did lose whole Provinces and Cities of their greatest strength: as Venlo, Ruremond, Mastricht and Limburgh.  

4. Because the Emperor endeavoureth to make the quarrels of the Spaniards common to the whole Empire.  Neither is the cunning of the Austrians here to be passed over; who whilst in the peace of Prague, they make a show to take care of the tranquillity of Germany; yet neglecting all the respects of the Empire; they only provide for the particular benefit of their own. For whereas there have been of old time, many controversies and some Wars betwixt the French and Spaniards, touching the Kingdoms of Naples, Sicily, and Navarre; and touching the Duchies of Milan and Burgundy. The French justly laying claim to those things from the Spaniards which had been unjustly taken from them: The Emperor denouncing public War against the French, makes the quarrels which were particular to him and his; common to the whole Empire: ties and engages all the Princes to his own domestical interest; and the better to maintain the Tyranny of the Spaniards, entangles all the Germans in a foreign War. A subtlety long ago attempted by the Austrians; but ever strongly rejected by the States of the Empire. For so in the year 1492. year 1492 
Extant apud Goldastum Constitut. Imper. Tom. 1. & 4. 1526. 1542.  Maximilian I. in the Diet at Coblentz; and Charles V in his Epistle to the Electors, dated at Madrid the 29. of November 1526. and again, in the year 1542. in the Diet at Spire: did traduce Charles VIII. and Francis. I. the French Kings, as disturbers of the Christian Common Wealth; invaders of other men's Principalities; and favourers of the Turks and Heretics; and did in vain desire, that the Wars made against them out of private respects, might be revenged by the power of whole Germany; as injuries offered to the Empire.  
After the same manner, their successors have omitted no means of endeavour; that they might by some public device of the Diet, proscribe the Confederate States of the Low Countries, as Rebels to the Empire, and guilty of high Treason, for shaking off the yoke of the Spaniards. Which, nevertheless the States of the Empire in the Diet at Wormbs, in the year 1578. and in the late Diet at Ratisbone 1630. year 1578 year 1630 absolutely refused to do.  

5. Because the cause of Lorraine belongeth not at all to the Emperor.  And the cause of Lorraine, is most vainly alleged to be a motive for this War: Because that Austrasia many ages ago united to the Sceptre of the French, and a principal Patrimony of the Kingdom of France, under both the razes of their Kings; 
980.  at length, in the year 980. it was taken away from the French by the King of the Germans, 
Aimoinus Hist. lib. 5. c. 44. p. 510. editionis Freherianae. Continuator Chronici Flodoardi, qui extat To. 2. Hist. Gall. editorum a V C. Andrea Duchesnio. 1636. p. 626. Extant ibidem. p. 797.  under a pretence of a right of homage to be done to them for it: and so it was by Lothaire the French King conferred upon the Emperor Otho the Second, as a Fee; against the will and liking of the Princes and Peers of that Kingdom. Unto which things, Gerbert, afterwards Archbishop of Rheims, and at the last Pope of Rome, hath reference in his 35. Epistle, where he saith: That Adalbero Archbishop of Rheims, took hostages of the Nobles of the Kingdom of Lorraine, and compelled them to do homage unto the Emperor's son, but under the protection and Signory of the French King.  
Now if in the succeeding times the Dukes of Lorraine being situate in the confines of both these great Princes, and through the changeable condition of their fortune wavering betwixt both, have been faithful to neither, but have withdrawn their homage from both. Certainly it doth no more belong to the Emperor, to mingle the interest of the Empire with the cause of Lorraine; than it was fit for the Duke of Lorraine with Clandistine marriage and open arms, to disturb be peace of France, and with most injurious calumnies to scandalise the Majesty of the French Empire.  
But I cease to press and obtrude a defence, to a most just cause; 
The Conclusion.  which having been often approved from heaven, hath left more ignominy than glory to the enemies of it. And from those things that have been hitherto declared; I gather, that the only scope of the Trans-action of Prague, was to advance the greatness of the House of Austria, whether by right or wrong; to make the Empire together with the Kingdoms of Bohemia and Hungary hereditary to him: and in a word, by bringing under the rest of the Kingdoms of Europe, to establish every where the Spanish Monarchy. And so almost in every article of this conspiracy; whosoever are either adverse to the Spaniards, or suspected to be so; (as the French, Swedes, and Hollanders) are excluded out of the Peace, and assaulted with the common arms: and whosoever are friends, neighbours, or Allies unto them, are most bountifully rewarded out of the spoils of the proscribed. Indeed, to the end, that the House of Austria might absolutely rule over Germany; the Eelector Palatine (the principal Pillar of the Empire) should first have been proscribed: whose forces, alliances, and affection to his Country, have been long since adverse to Spanish Counsels. Then when the Palatine was stricken down, his Territories and Diginities must be bestowed upon the Bavarians and Spaniards: not only because the Countries of the Bavarian do lie as a bulwark unto the Emperor's Patrimony, to defend it against the Heretic Princes of upper Germany; but also because by this means the Austrians will always have voices enough in a readiness in the College of Electors. To conclude, to the end that the Emperor might make use of all the strength of Germany at his pleasure; an Army of eighty Regiments to be levied and paid by the Princes themselves; is committed to the absolute command of the King of Hungary: by which, not only the Dukes and States that be refractory, may be chastised; but also that power, which is left to the Protestants may be cut up by the roots. So Germany being subdued and brought under, and Lorraine recovered; it seemed afterwards an easy matter to invade France, to conquer Holland; and to bring Britain under the yoke, as being their due long since by a marriage with Spain; as the Emperor confesseth in his Declaration of the causes and benefits of the Peace of Prague, set forth at Baden the eighth of june 1635. That Peace being on this manner settled, his Nephew the King of Spain will very easily reduce the Hollanders to obedience. Therefore it is so fare off, that by this Trans-action Peace and public tranquillity hath been sought; that on the contrary the light of peace being every where put out, war hath been kindled throughout all Europe; and all the Princes whether they would or not, have been entangled in the fatal arms of the House of Austria. Miserable is the Peace, which is commanded by open force! a most doleful Tranquillity, which troubles all things! a most treacherous security, which every one hath cause to distrust! Certainly, fear and terror are weak bonds of love; which when they are removed, those that cease to fear, will begin to hate. It is certain, that a faithful Peace can be only there, where men are willingly reconciled; and that it cannot be hoped to be of any long continuance in that place where servitude is aimed at. Certainly, no mortal man will continue longer than needs must in such a condition, as is irksome to him; and evermore in an uncertain quiet: though concord do in show continue, yet the opening and remembering of offences past; will still be feared. That is a true tranquillity, which all men approve, and every one desires; by which anger is turned into friendship; hatred grows into leagues of amity; and an equality being observed among all, and the Amnestia extended to all, the enemies either by greatness of good turns, or forgetting of injuries are turned to friends.  
FINIS.